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Public Act 91-0622
SB652 Enrolled LRB9105695NTsb
AN ACT concerning education, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Governmental Ethics Act is
amended by changing Section 4A-101 as follows:
(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
Sec. 4A-101. Persons required to file. The following
persons shall file verified written statements of economic
interests, as provided in this Article:
(a) Members of the General Assembly and candidates
for nomination or election to the General Assembly.
(b) Persons holding an elected office in the
Executive Branch of this State, and candidates for
nomination or election to these offices.
(c) Members of a Commission or Board created by the
Illinois Constitution, and candidates for nomination or
election to such Commission or Board.
(d) Persons whose appointment to office is subject
to confirmation by the Senate.
(e) Holders of, and candidates for nomination or
election to, the office of judge or associate judge of
the Circuit Court and the office of judge of the
Appellate or Supreme Court.
(f) Persons who are employed by any branch, agency,
authority or board of the government of this State,
including but not limited to, the Illinois State Toll
Highway Authority, the Illinois Housing Development
Authority, the Illinois Community College Board, and
institutions under the jurisdiction of the Board of
Trustees of the University of Illinois, Board of Trustees
of Southern Illinois University, Board of Trustees of
Chicago State University, Board of Trustees of Eastern
Illinois University, Board of Trustees of Governor's
State University, Board of Trustees of Illinois State
University, Board of Trustees of Northeastern Illinois
University, Board of Trustees of Northern Illinois
University, Board of Trustees of Western Illinois
University, or Board of Trustees of the Illinois
Mathematics and Science Academy, and are compensated for
services as employees and not as independent contractors
and who:
(1) are, or function as, the head of a
department, commission, board, division, bureau,
authority or other administrative unit within the
government of this State, or who exercise similar
authority within the government of this State;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the State in the amount of $5,000 or
more;
(3) have authority for the issuance or
promulgation of rules and regulations within areas
under the authority of the State;
(4) have authority for the approval of
professional licenses;
(5) have responsibility with respect to the
financial inspection of regulated nongovernmental
entities;
(6) adjudicate, arbitrate, or decide any
judicial or administrative proceeding, or review the
adjudication, arbitration or decision of any
judicial or administrative proceeding within the
authority of the State; or
(7) have supervisory responsibility for 20 or
more employees of the State.
(g) Persons who are elected to office in a unit of
local government, and candidates for nomination or
election to that office, including regional
superintendents of school districts.
(h) Persons appointed to the governing board of a
unit of local government, or of a special district, and
persons appointed to a zoning board, or zoning board of
appeals, or to a regional, county, or municipal plan
commission, or to a board of review of any county, and
persons appointed to the Board of the Metropolitan Pier
and Exposition Authority and any Trustee appointed under
Section 22 of the Metropolitan Pier and Exposition
Authority Act, and persons appointed to a board or
commission of a unit of local government who have
authority to authorize the expenditure of public funds.
This subsection does not apply to members of boards or
commissions who function in an advisory capacity.
(i) Persons who are employed by a unit of local
government and are compensated for services as employees
and not as independent contractors and who:
(1) are, or function as, the head of a
department, division, bureau, authority or other
administrative unit within the unit of local
government, or who exercise similar authority within
the unit of local government;
(2) have direct supervisory authority over, or
direct responsibility for the formulation,
negotiation, issuance or execution of contracts
entered into by the unit of local government in the
amount of $1,000 or greater;
(3) have authority to approve licenses and
permits by the unit of local government; this item
does not include employees who function in a
ministerial capacity;
(4) adjudicate, arbitrate, or decide any
judicial or administrative proceeding, or review the
adjudication, arbitration or decision of any
judicial or administrative proceeding within the
authority of the unit of local government;
(5) have authority to issue or promulgate
rules and regulations within areas under the
authority of the unit of local government; or
(6) have supervisory responsibility for 20 or
more employees of the unit of local government.
(j) Persons on the Board of Trustees of the
Illinois Mathematics and Science Academy.
(k) Persons employed by a school district in
positions that require that person to hold an
administrative or a chief school business official
endorsement.
(l) (Blank). Persons appointed or elected to a
local school council established pursuant to Section
34-2.1 of the School Code.
This Section shall not be construed to prevent any unit
of local government from enacting financial disclosure
requirements that mandate require more information than
required by this Act.
(Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-4, eff.
1-1-96; 89-5, eff. 1-1-96; 89-106, eff. 7-7-95; 89-433, eff.
12-15-95.)
Section 10. The School Code is amended by changing
Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-3.4,
34-8, 34-8.1, 34-8.3, 34-11, 34-12, and 34-13 and adding
Section 34-8.3a as follows:
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
(Text of Section before amendment by P.A. 90-590)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local
school council shall consist of the following 11 voting
members: the principal of the attendance center, 2 teachers
employed and assigned to perform the majority of their
employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center and 2
community residents. Neither the parents nor the community
residents who serve as members of the local school council
shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 12 voting members -- the 11 voting members
described above and one full-time student member, appointed
as provided in subsection (m) below. In the event that the
chief executive officer of the Chicago School Reform Board of
Trustees determines that a local school council is not
carrying out its financial duties effectively, the chief
executive officer is authorized to appoint a representative
of the business community with experience in finance and
management to serve as an advisor to the local school council
for the purpose of providing advice and assistance to the
local school council on fiscal matters. The advisor shall
have access to relevant financial records of the local school
council. The advisor may attend executive sessions. The
chief executive officer shall issue a written policy defining
the circumstances under which a local school council is not
carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be
a parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all
the powers and duties of local school councils as set forth
in this amendatory Act of 1991. The Mayor's appointments
shall not require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance
center served by the local school council.
(c) Beginning with the 1995-1996 school year and in
every even-numbered year thereafter, the Board shall set
second semester Parent Report Card Pick-up Day for Local
School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the
school system. Elections shall be conducted as provided
herein by the Board of Education in consultation with the
local school council at each attendance center.
(d) Beginning with the 1995-96 school year, the
following procedures shall apply to the election of local
school council members at each attendance center:
(i) The elected members of each local school
council shall consist of the 6 parent members and the 2
community resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible
voters for each attendance center shall consist of the
parents and community residents for that attendance
center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective
of whether such candidates are parent or community
resident candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote
in the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members of each local school
council shall be appointed as provided in subsection (l)
below each to serve for a two-year term coinciding with
that of the elected parent and community resident
members.
(vii) At secondary attendance centers, the voting
student member shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
(e) The Council shall publicize the date and place of
the election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters.
(f) Nomination. The Council shall publicize the opening
of nominations by posting notices at the attendance center,
in public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters. Not less than 2 weeks before the election
date, persons eligible to run for the Council shall submit
their name, date of birth, social security number, if
available, and some evidence of eligibility to the Council.
The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at
the attendance center. Each person nominated who runs as a
candidate shall disclose, in a manner determined by the
Board, any economic interest held by such person, by such
person's spouse or children, or by each business entity in
which such person has an ownership interest, in any contract
with the Board, any local school council or any public school
in the school district. Each person nominated who runs as a
candidate shall also disclose, in a manner determined by the
Board, if he or she ever has been convicted of any of the
offenses specified in subsection (c) of Section 34-18.5;
provided that neither this provision nor any other provision
of this Section shall be deemed to require the disclosure of
any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose
accessibility or disclosure is restricted or prohibited under
Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
to make such disclosure shall render a person ineligible for
election or to serve on the local school council. The same
disclosure shall be required of persons under consideration
for appointment to the Council pursuant to subsections (l)
and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall
be ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or (ii) any
offense committed or attempted in any other state or against
the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Notwithstanding disclosure,
a person who has been convicted of any of the following
offenses within the 10 years previous to the date of
nomination or appointment shall be ineligible for appointment
to a local school council pursuant to subsections (l) and (m)
of this Section: (i) those defined in Section 401.1, 405.1,
or 405.2 of the Illinois Controlled Substances Act or (ii)
any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses.
Immediately upon election or appointment, incoming local
school council members shall be required to undergo a
criminal background investigation, to be completed prior to
the member taking office, using the member's name, date of
birth, and social security number, if available, in order to
identify any criminal convictions under the offenses
enumerated in Section 34-18.5. In instances in which one or
more individuals have the same name, date of birth, and
social security number as the member, the member shall
undergo a fingerprint background check. If it is determined
at any time that a local school council member or
member-elect has been convicted of any of the offenses
enumerated in this Section or failed to disclose a conviction
of any of the offenses enumerated in Section 34-18.5, the
general superintendent shall notify the local school council
member or member-elect of such determination and the local
school council member or member-elect shall be removed from
the local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00
p.m.
(i) Candidates receiving the highest number of votes
shall be declared elected by the Council. In cases of a tie,
the Council shall determine the winner by lot.
(j) The Council shall certify the results of the
election and shall publish the results in the minutes of the
Council.
(k) The general superintendent shall resolve any
disputes concerning election procedure or results and shall
ensure that, except as provided in subsections (e) and (g),
no resources of any attendance center shall be used to
endorse or promote any candidate.
(l) Beginning with the 1995-1996 school year and in
every even numbered year thereafter, the Board shall appoint
2 teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on
the local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school
council. These appointments shall be made from among
those teachers who are nominated in accordance with
subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council
representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members
to local school councils, irrespective of the preferences
expressed in any such poll.
(iii) In the event that a teacher representative is
unable to perform his or her employment duties at the
school due to illness, disability, leave of absence, or
any other reason, the Board shall declare a temporary
vacancy and appoint a replacement teacher representative
to serve on the local school council until such time as
the teacher member originally appointed pursuant to this
subsection (l) resumes service at the attendance center
or for the remainder of the term. The replacement
teacher representative shall be appointed in the same
manner and by the same procedures as teacher
representatives are appointed in subdivisions (i) and
(ii) of this subsection (l).
(m) Beginning with the 1995-1996 school year, and in
every year thereafter, the Board shall appoint one student
member to each secondary attendance center. These
appointments shall be made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter.
The form and manner of such candidacy statements shall be
determined by the Board.
(ii) During the twenty-second week of school in
every year, the principal of each attendance center shall
conduct a non-binding, advisory poll to ascertain the
preferences of the school students regarding the
appointment of a student to the local school council for
that attendance center. At such poll, each student shall
be entitled to indicate his or her preference for up to
one candidate from among those who submitted statements
of candidacy as described above. The Board shall
promulgate rules to ensure that these non-binding,
advisory polls are conducted in a fair and equitable
manner and maximize the involvement of all school
students. The preferences expressed in these
non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall
be advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in
any such poll.
(iii) For the 1995-96 school year only,
appointments shall be made from among those students who
submitted statements of candidacy to the principal of the
attendance center during the first 2 weeks of the school
year. The principal shall communicate the results of any
nonbinding, advisory poll to the Board. These results
shall be advisory only, and the Board shall maintain
absolute discretion to appoint student members to local
school councils, irrespective of the preferences
expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed
necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the
vacancy, except that any teacher vacancy shall be filled by
the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of
school staff.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure
to comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure
of economic interests promulgated by the Board shall apply to
local school council members in addition to the requirements
of the Illinois Governmental Ethics Act applicable to local
school council members. No less than 45 days prior to the
deadline, the general superintendent shall provide notice, by
mail, to each local school council member of all requirements
and forms for compliance with economic interest statements.
(r) (1) If a parent member of a Local School Council
ceases to have any child enrolled in the attendance center
governed by the Local School Council due to the graduation or
voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council
and all voting rights are terminated immediately as of the
date of the child's graduation or voluntary transfer.
Further, a local school council member may be removed from
the Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including
committee meetings, or 5 regular meetings in a 12 month
period, not including committee meetings. If a parent member
of a local school council ceases to be eligible to serve on
the Council for any other reason, he or she shall be removed
by the Board subject to a hearing, convened pursuant to Board
rule, prior to removal. Further, a local school council
member may be removed by the council by a majority vote of
the council as provided in subsection (c) of Section 34-2.2
if the council determines that a member failed to disclose a
conviction of any of the offenses specified in subsection (c)
of Section 34-18.5 as required in subsection (f) of this
Section 34-2.1. A vote to remove a Council member by the
local school council shall only be valid if the Council
member has been notified personally or by certified mail,
mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7
days prior to the vote. The Council member in question shall
have the right to explain his or her actions and shall be
eligible to vote on the question of his or her removal from
the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community
resident member of a local school council as long as he or
she resides in the attendance area served by the school and
is not employed by the Board nor is a parent of a student
enrolled at the school. If a community resident member
ceases to be eligible to serve on the Council, he or she
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a teacher member
of a local school council as long as he or she is employed
and assigned to perform a majority of his or her duties at
the school, provided that if the teacher representative
resigns from employment with the Board or voluntarily
transfers to another school, the teacher's membership on the
local school council and all voting rights are terminated
immediately as of the date of the teacher's resignation or
upon the date of the teacher's voluntary transfer to another
school. If a teacher member of a local school council ceases
to be eligible to serve on a local school council for any
other reason, that member shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior
to removal.
(Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
8-14-97.)
(Text of Section after amendment by P.A. 90-590)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local
school council shall consist of the following 11 voting
members: the principal of the attendance center, 2 teachers
employed and assigned to perform the majority of their
employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center and 2
community residents. Neither the parents nor the community
residents who serve as members of the local school council
shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 12 voting members -- the 11 voting members
described above and one full-time student member, appointed
as provided in subsection (m) below. In the event that the
chief executive officer of the Chicago School Reform Board of
Trustees determines that a local school council is not
carrying out its financial duties effectively, the chief
executive officer is authorized to appoint a representative
of the business community with experience in finance and
management to serve as an advisor to the local school council
for the purpose of providing advice and assistance to the
local school council on fiscal matters. The advisor shall
have access to relevant financial records of the local school
council. The advisor may attend executive sessions. The
chief executive officer shall issue a written policy defining
the circumstances under which a local school council is not
carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be
a parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all
the powers and duties of local school councils as set forth
in this amendatory Act of 1991. The Mayor's appointments
shall not require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance
center served by the local school council.
(c) Beginning with the 1995-1996 school year and in
every even-numbered year thereafter, the Board shall set
second semester Parent Report Card Pick-up Day for Local
School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the
school system. Elections shall be conducted as provided
herein by the Board of Education in consultation with the
local school council at each attendance center.
(d) Beginning with the 1995-96 school year, the
following procedures shall apply to the election of local
school council members at each attendance center:
(i) The elected members of each local school
council shall consist of the 6 parent members and the 2
community resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible
voters for each attendance center shall consist of the
parents and community residents for that attendance
center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective
of whether such candidates are parent or community
resident candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote
in the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members of each local school
council shall be appointed as provided in subsection (l)
below each to serve for a two-year term coinciding with
that of the elected parent and community resident
members.
(vii) At secondary attendance centers, the voting
student member shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
(e) The Council shall publicize the date and place of
the election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters.
(f) Nomination. The Council shall publicize the opening
of nominations by posting notices at the attendance center,
in public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters. Not less than 2 weeks before the election
date, persons eligible to run for the Council shall submit
their name, date of birth, social security number, if
available, and some evidence of eligibility to the Council.
The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at
the attendance center. Each person nominated who runs as a
candidate shall disclose, in a manner determined by the
Board, any economic interest held by such person, by such
person's spouse or children, or by each business entity in
which such person has an ownership interest, in any contract
with the Board, any local school council or any public school
in the school district. Each person nominated who runs as a
candidate shall also disclose, in a manner determined by the
Board, if he or she ever has been convicted of any of the
offenses specified in subsection (c) of Section 34-18.5;
provided that neither this provision nor any other provision
of this Section shall be deemed to require the disclosure of
any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose
accessibility or disclosure is restricted or prohibited under
Section 5-901 or 5-905 of the Juvenile Court Act of 1987.
Failure to make such disclosure shall render a person
ineligible for election or to serve on the local school
council. The same disclosure shall be required of persons
under consideration for appointment to the Council pursuant
to subsections (l) and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall
be ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or (ii) any
offense committed or attempted in any other state or against
the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses. Notwithstanding disclosure,
a person who has been convicted of any of the following
offenses within the 10 years previous to the date of
nomination or appointment shall be ineligible for appointment
to a local school council pursuant to subsections (l) and (m)
of this Section: (i) those defined in Section 401.1, 405.1,
or 405.2 of the Illinois Controlled Substances Act or (ii)
any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses.
Immediately upon election or appointment, incoming local
school council members shall be required to undergo a
criminal background investigation, to be completed prior to
the member taking office, using the member's name, date of
birth, and social security number, if available, in order to
identify any criminal convictions under the offenses
enumerated in Section 34-18.5. In instances in which one or
more individuals have the same name, date of birth, and
social security number as the member, the member shall
undergo a fingerprint background check. If it is determined
at any time that a local school council member or
member-elect has been convicted of any of the offenses
enumerated in this Section or failed to disclose a conviction
of any of the offenses enumerated in Section 34-18.5, the
general superintendent shall notify the local school council
member or member-elect of such determination and the local
school council member or member-elect shall be removed from
the local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00
p.m.
(i) Candidates receiving the highest number of votes
shall be declared elected by the Council. In cases of a tie,
the Council shall determine the winner by lot.
(j) The Council shall certify the results of the
election and shall publish the results in the minutes of the
Council.
(k) The general superintendent shall resolve any
disputes concerning election procedure or results and shall
ensure that, except as provided in subsections (e) and (g),
no resources of any attendance center shall be used to
endorse or promote any candidate.
(l) Beginning with the 1995-1996 school year and in
every even numbered year thereafter, the Board shall appoint
2 teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on
the local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school
council. These appointments shall be made from among
those teachers who are nominated in accordance with
subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council
representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members
to local school councils, irrespective of the preferences
expressed in any such poll.
(iii) In the event that a teacher representative is
unable to perform his or her employment duties at the
school due to illness, disability, leave of absence,
disciplinary action, or any other reason, the Board shall
declare a temporary vacancy and appoint a replacement
teacher representative to serve on the local school
council until such time as the teacher member originally
appointed pursuant to this subsection (l) resumes service
at the attendance center or for the remainder of the
term. The replacement teacher representative shall be
appointed in the same manner and by the same procedures
as teacher representatives are appointed in subdivisions
(i) and (ii) of this subsection (l).
(m) Beginning with the 1995-1996 school year, and in
every year thereafter, the Board shall appoint one student
member to each secondary attendance center. These
appointments shall be made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter.
The form and manner of such candidacy statements shall be
determined by the Board.
(ii) During the twenty-second week of school in
every year, the principal of each attendance center shall
conduct a non-binding, advisory poll to ascertain the
preferences of the school students regarding the
appointment of a student to the local school council for
that attendance center. At such poll, each student shall
be entitled to indicate his or her preference for up to
one candidate from among those who submitted statements
of candidacy as described above. The Board shall
promulgate rules to ensure that these non-binding,
advisory polls are conducted in a fair and equitable
manner and maximize the involvement of all school
students. The preferences expressed in these
non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall
be advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in
any such poll.
(iii) For the 1995-96 school year only,
appointments shall be made from among those students who
submitted statements of candidacy to the principal of the
attendance center during the first 2 weeks of the school
year. The principal shall communicate the results of any
nonbinding, advisory poll to the Board. These results
shall be advisory only, and the Board shall maintain
absolute discretion to appoint student members to local
school councils, irrespective of the preferences
expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed
necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the
vacancy, except that any teacher vacancy shall be filled by
the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of
school staff.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure
to comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure
of economic interests promulgated by the Board shall apply to
local school council members in addition to the requirements
of the Illinois Governmental Ethics Act applicable to local
school council members. No less than 45 days prior to the
deadline, the general superintendent shall provide notice, by
mail, to each local school council member of all requirements
and forms for compliance with economic interest statements.
(r) (1) If a parent member of a local school council
ceases to have any child enrolled in the attendance center
governed by the Local School Council due to the graduation or
voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council
and all voting rights are terminated immediately as of the
date of the child's graduation or voluntary transfer.
Further, a local school council member may be removed from
the Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including
committee meetings, or 5 regular meetings in a 12 month
period, not including committee meetings. If a parent member
of a local school council ceases to be eligible to serve on
the Council for any other reason, he or she shall be removed
by the Board subject to a hearing, convened pursuant to Board
rule, prior to removal. Further, a local school council
member may be removed by the council by a majority vote of
the council as provided in subsection (c) of Section 34-2.2
if the council determines that a member failed to disclose a
conviction of any of the offenses specified in subsection (c)
of Section 34-18.5 as required in subsection (f) of this
Section 34-2.1. A vote to remove a Council member by the
local school council shall only be valid if the Council
member has been notified personally or by certified mail,
mailed to the person's last known address, of the Council's
intent to vote on the Council member's removal at least 7
days prior to the vote. The Council member in question shall
have the right to explain his or her actions and shall be
eligible to vote on the question of his or her removal from
the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community
resident member of a local school council as long as he or
she resides in the attendance area served by the school and
is not employed by the Board nor is a parent of a student
enrolled at the school. If a community resident member
ceases to be eligible to serve on the Council, he or she
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(3) A person may continue to serve as a teacher member
of a local school council as long as he or she is employed
and assigned to perform a majority of his or her duties at
the school, provided that if the teacher representative
resigns from employment with the Board or voluntarily
transfers to another school, the teacher's membership on the
local school council and all voting rights are terminated
immediately as of the date of the teacher's resignation or
upon the date of the teacher's voluntary transfer to another
school. If a teacher member of a local school council ceases
to be eligible to serve on a local school council for any
other reason, that member shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior
to removal.
(Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
8-14-97; 90-590, eff. 1-1-00.)
(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
Sec. 34-2.2. Local school councils - Manner of
operation.
(a) The annual organizational meeting of each local
school council shall be held at the attendance center. At
the annual organization meeting, which shall be held no
sooner than July 1 and no later than July 14, a parent member
of the local school council shall be selected by the members
of such council as its chairperson, and a secretary shall be
selected by the members of such council from among their
number, each to serve a term of one year. Whenever a vacancy
in the office of chairperson or secretary of a local school
council shall occur, a new chairperson (who shall be a parent
member) or secretary, as the case may be, shall be elected by
the members of the local school council from among their
number to serve as such chairperson or secretary for the
unexpired term of office in which the vacancy occurs. At
each annual organizational meeting, the time and place of any
regular meetings of the local school council shall be fixed.
Special meetings of the local school council may be called by
the chairperson or by any 4 members by giving notice thereof
in writing, specifying the time, place and purpose of the
meeting. Public notice of meetings shall also be given in
accordance with the Open Meetings Act.
(b) Members and officers of the local school council
shall serve without compensation and without reimbursement of
any expenses incurred in the performance of their duties,
except that the board of education may by rule establish a
procedure and thereunder provide for reimbursement of members
and officers of local school councils for such of their
reasonable and necessary expenses (excluding any lodging or
meal expenses) incurred in the performance of their duties as
the board may deem appropriate.
(c) A majority of the full membership of the local
school council shall constitute a quorum, and whenever a vote
is taken on any measure before the local school council, a
quorum being present, the affirmative vote of a majority of
the votes of the full membership then serving of the local
school council shall determine the outcome thereof; provided
that whenever the measure before the local school council is
(i) the evaluation of the principal, or (ii) the renewal of
his or her performance contract or the inclusion of any
provision or modification of the contract, or (iii) the
direct selection by the local school council of a new
principal (including a new principal to fill a vacancy) to
serve under a 4 year performance contract, or (iv) the
determination of the names of candidates to be submitted to
the general superintendent for the position of principal, or
(v) the selection of a principal in cases of the general
superintendent's failure or refusal to make the selection
after a list or lists of candidates for the position of
principal have been submitted by the local school council to
the general superintendent as provided in Section 34-2.3, the
principal and student member of a high school council shall
not be counted for purposes of determining whether a quorum
is present to act on the measure and shall have no vote
thereon; and provided further that 7 affirmative votes of the
local school council shall be required for the direct
selection by the local school council without the prior
submission of a list of candidates to the general
superintendent for the position of principal as provided in
Section 34-2.3 of a new principal (including a new principal
to fill a vacancy) to serve under a 4 year performance
contract but not for the renewal of a principal's performance
contract.
(d) Student members of high school councils shall not be
eligible to vote on personnel matters, including but not
limited to principal evaluations and contracts and the
allocation of teaching and staff resources.
(e) The local school council of an attendance center
which provides bilingual education shall be encouraged to
provide translators at each council meeting to maximize
participation of parents and the community.
(f) Each local school council of an attendance center
which provides bilingual education shall create a Bilingual
Advisory Committee or recognize an existing Bilingual
Advisory Committee as a standing committee. The Chair and a
majority of the members of the advisory committee shall be
parents of students in the bilingual education program. The
parents on the advisory committee shall be selected by
parents of students in the bilingual education program, and
the committee shall select a Chair. The advisory committee
for each secondary attendance center shall include at least
one full-time bilingual education student. The Bilingual
Advisory Committee shall serve only in an advisory capacity
to the local school council.
(g) Local school councils may utilize the services of an
arbitration board to resolve intra-council disputes.
(Source: P.A. 88-85; 88-686, eff. 1-24-95; 89-15, eff.
5-30-95.)
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils - Powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the
school, (iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to
improve student academic achievement, (v) school management,
and (vi) any other factors deemed relevant by the local
school council, including, without limitation, the
principal's communication skills and ability to create and
maintain a student-centered learning environment, to develop
opportunities for professional development, and to encourage
parental involvement and community partnerships to achieve
school improvement; taking into consideration the annual
evaluation of the principal conducted by the general
superintendent pursuant to subsection (h) of Section 34-8.3,
(B) to determine in the manner provided by
subsection (c) of Section 34-2.2 whether the performance
contract of the principal shall be renewed; and,
(C) and to directly select, in the manner provided
by subsection (c) of Section 34-2.2, a new principal
(including a new principal to fill a vacancy) -- without
submitting any list of candidates for that position to
the general superintendent as provided in paragraph 2 of
this Section -- to serve under a 4 year performance
contract; provided that (i) the determination of whether
the principal's performance contract is to be renewed and
-- in cases where such performance contract is not
renewed -- a direct selection of a new principal -- to
serve under a 4 year performance contract shall be made
by the local school council no later than 45 days prior
to the expiration of the current performance contract of
the principal by April 15 of the calendar year in which
the current performance contract of the principal
expires, and (ii) a direct selection by the local school
council of a new principal to fill a vacancy under a 4
year performance contract shall be made within 90 days
after the date such vacancy occurs. A Council shall be
required, if requested by the principal, to provide in
writing the reasons for the council's not renewing the
principal's contract.
1.5. The local school council's determination of whether
to renew the principal's contract shall be based on an
evaluation to assess the educational and administrative
progress made at the school during the principal's current
performance-based contract. The local school council shall
base its evaluation on (i) student academic improvement, as
defined by the school improvement plan, (ii) student
absenteeism rates at the school, (iii) instructional
leadership, (iv) the effective implementation of programs,
policies, or strategies to improve student academic
achievement, (v) school management, and (vi) any other
factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement. If a local school council fails to renew the
performance contract of a principal rated by the general
superintendent, or his or her designee, in the previous
years' evaluations as meeting or exceeding expectations, the
principal, within 15 days after the local school council's
decision not to renew the contract, may request a review of
the local school council's principal non-retention decision
by a hearing officer appointed by the American Arbitration
Association. A local school council member or members or the
general superintendent may support the principal's request
for review. During the period of the hearing officer's review
of the local school council's decision on whether or not to
retain the principal, the local school council shall maintain
all authority to search for and contract with a person to
serve as interim or acting principal, or as the principal of
the attendance center under a 4-year performance contract,
provided that any performance contract entered into by the
local school council shall be voidable or modified in
accordance with the decision of the hearing officer. The
principal may request review only once while at that
attendance center. If a local school council renews the
contract of a principal who failed to obtain a rating of
"meets" or "exceeds expectations" in the general
superintendent's evaluation for the previous year, a local
school council member or members or the general
superintendent, within 15 days after the local school
council's decision to renew the contract, may request a
review of the local school council's principal retention
decision by a hearing officer appointed by the American
Arbitration Association. The local school council member or
members or the general superintendent may request a review
only once for that principal at that attendance center. All
requests to review the retention or non-retention of a
principal shall be submitted to the general superintendent,
who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association. If the
local school council retains the principal and the general
superintendent requests a review of the retention decision,
the principal and the general superintendent shall be
considered adversarial parties and a hearing officer shall be
chosen between those 2 parties as described in Section 34-85
of this Code. If the local school council retains the
principal and a member or members of the local school council
requests a review of the principal's contract, the principal
and the local school council shall be considered adversarial
parties and a hearing officer shall be chosen between those 2
parties as described in Section 34-85 of this Code. If the
local school council does not retain the principal and the
principal requests a review of the retention decision, the
local school council and the principal shall be considered
adversarial parties and a hearing officer shall be chosen
between those 2 parties in the manner described in Section
34-85 of this Code. The hearing shall begin within 45 days
after the initial request for review. The hearing officer
shall render a decision within 45 days after the hearing
begins. The Board shall contract with the American
Arbitration Association for all of the hearing officer's
reasonable and necessary costs. In addition, the Board shall
pay any reasonable costs incurred by a local school council
for representation before a hearing officer.
1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or
her designee, and members of the community. The hearing
officer shall set the local school council decision aside if
that decision, in light of the record developed at the
hearing, is arbitrary and capricious. The decision of the
hearing officer may not be appealed to the Board or the State
Board of Education. If the hearing officer decides that the
principal shall be retained, the retention period shall not
exceed 2 years.
2. In the event (i) the local school council does not
renew the performance contract of the principal, or the
principal fails to receive a satisfactory rating as provided
in subsection (h) of Section 34-8.3, or the principal is
removed for cause during the term of his or her performance
contract in the manner provided by Section 34-85, or a
vacancy in the position of principal otherwise occurs prior
to the expiration of the term of a principal's performance
contract, and (ii) the local school council fails to directly
select a new principal (including a new principal to fill a
vacancy) to serve under a 4 year performance contract, the
local school council in such event shall submit to the
general superintendent a list of 3 candidates -- listed in
the local school council's order of preference -- for the
position of principal, one of which shall be selected by the
general superintendent to serve as principal of the
attendance center. If the general superintendent fails or
refuses to select one of the candidates on the list to serve
as principal within 30 days after being furnished with the
candidate list, the general superintendent shall select and
place a principal on an interim basis (i) for a period not to
exceed one year or (ii) until the local school council
selects a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2, whichever occurs first.
If the local school council fails or refuses to select and
appoint a new principal, as specified by subsection (c) of
Section 34-2.2, the general superintendent may select and
appoint a new principal on an interim basis for an additional
year or until a new contract principal is selected by the
local school council the local school council within 15 days
after such failure or refusal shall itself select one of the
candidates from the list as principal of the attendance
center. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal
of an attendance center (i) if such person has been removed
for cause from employment by the Board or (ii) if such person
does not hold a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required by that
Article for the position of principal. A principal whose
performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if
otherwise qualified and certified as herein provided and if
he or she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3, be included by a local
school council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is to
be selected to serve as principal of the attendance center
under a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school
council does not renew the performance contract of its
principal and does not directly select a new principal to
serve under a 4 year performance contract shall be submitted
not later than 30 days prior to the expiration of the current
performance contract. In cases where the local school
council fails or refuses to submit the candidate list to the
general superintendent no later than 30 days prior to the
expiration of the incumbent principal's contract, the general
superintendent may appoint a principal on an interim basis
for a period not to exceed one year, during which time the
local school council shall be able to select a new principal
with 7 affirmative votes as provided in subsection (c) of
Section 34-2.2 May 1 of the calendar year in which such
performance contract expires. In cases where a principal is
removed for cause or a vacancy otherwise occurs in the
position of principal and the vacancy is not filled by direct
selection by the local school council, the candidate list
shall be submitted by the local school council to the general
superintendent within not later than 90 days after the date
such removal or vacancy occurs. In cases where the local
school council fails or refuses to submit the candidate list
to the general superintendent within 90 days after the date
of the vacancy, the general superintendent may appoint a
principal on an interim basis for a period of one year,
during which time the local school council shall be able to
select a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as
part of the performance contract of its principal, provided
that such additional criteria shall not discriminate on the
basis of race, sex, creed, color or disability unrelated to
ability to perform, and shall not be inconsistent with the
uniform 4 year performance contract for principals developed
by the board as provided in Section 34-8.1 of the School Code
or with other provisions of this Article governing the
authority and responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3
shall be consistent with and subject to the terms of any
contract for services with a third party entered into by the
Chicago School Reform Board of Trustees or the board under
this Act.
Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local school council,
the Council may transfer allocations pursuant to Section
34-2.3 within funds; provided that such a transfer is
consistent with applicable law and collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total
fiscal year budget for distribution on a prioritized basis to
schools throughout the school system in order to assure
adequate programs to meet the needs of special student
populations as determined by the Board. This distribution
shall take into account the needs catalogued in the
Systemwide Plan and the various local school improvement
plans of the local school councils. Information about these
centrally funded programs shall be distributed to the local
school councils so that their subsequent planning and
programming will account for these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum
amount to each local school based upon such formula as the
board shall determine taking into account the special needs
of the student body. The local school principal shall
develop an expenditure plan in consultation with the local
school council, the professional personnel advisory committee
and with all other school personnel, which reflects the
priorities and activities as described in the school's local
school improvement plan and is consistent with applicable law
and collective bargaining agreements and with board policies
and standards; however, the local school council shall have
the right to request waivers of board policy from the board
of education and waivers of employee collective bargaining
agreements pursuant to Section 34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated
agreement. Adjustments shall be made due to layoff or
reduction in force, lack of funds or work, change in
subject requirements, enrollment changes, or contracts
with third parties for the performance of services or to
rectify any inconsistencies with system-wide allocation
formulas or for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 to which they are entitled. These funds shall be
spent only with the budgetary approval of the Local
School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new
ones consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall
have the right to direct the principal to shift
expenditures within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall
be available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the
board pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the
opportunity to make recommendations concerning the plan. At
least twice a year the principal and local school council
shall report publicly on progress and problems with respect
to plan implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent
with and in furtherance of instructional objectives and
school programs reflective of the school improvement plan
adopted for the attendance center; and to make
recommendations to the board, the general superintendent and
the principal concerning any reallocation of teaching
resources or other staff whenever the council determines that
any such reallocation is appropriate because the
qualifications of any existing staff at the attendance center
do not adequately match or support instructional objectives
or school programs which reflect the school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local
school council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained
in the System-Wide Educational Reform Goals and Objectives
Plan, criteria for evaluation of performance shall be
established for local school councils and local school
council members. If a local school council persists in
noncompliance with systemwide requirements, the Board may
impose sanctions and take necessary corrective action,
consistent with Section 34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local
school council shall convene at least 2 well-publicized
meetings annually with its entire school community. These
meetings shall include presentation of the proposed local
school improvement plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform
or dress code policy that governs the attendance center and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred;
and (ii) shall include criteria and procedures under which
the local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable
school uniform or dress code policy. A student whose parents
or legal guardians object on religious grounds to the
student's compliance with an applicable school uniform or
dress code policy shall not be required to comply with that
policy if the student's parents or legal guardians present to
the local school council a signed statement of objection
detailing the grounds for the objection.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 89-15, eff. 5-30-95; 89-610, eff. 8-6-96;
89-636, eff. 8-9-96; 90-14, eff. 7-1-97.)
(105 ILCS 5/34-2.3b)
Sec. 34-2.3b. Local School Council Training. The board
shall collaborate with universities and other interested
entities and individuals to offer training to local school
council members on topics relevant to school operations and
their responsibilities as local school council members,
including but not limited to legal requirements, role
differentiation, responsibilities, and authorities, and
improving student achievement. Training of local school
council members shall be provided at the direction of the
board in consultation with the Council of Chicago-area Deans
of Education. Incoming local school council members shall be
required to complete a 3-day training program provided under
this Section within 6 months of taking office. The board
shall monitor the compliance of incoming local school council
members with the 3-day training program requirement
established by this Section. The board shall declare vacant
the office of a local school council member who fails to
complete the 3-day training program provided under this
Section within the 6 month period allowed. Any such vacancy
shall be filled as provided in subsection (o) of Section
34-2.1 by appointment of another person qualified to hold the
office. In addition to requiring local school council
members to complete the 3-day training program under this
Section, the board may encourage local school council members
to complete additional training during their term of office
and shall provide recognition for individuals completing that
additional training. The board is authorized to collaborate
with universities, non-profits, and other interested
organizations and individuals to offer additional training to
local school council members on a regular basis during their
term in office. The board shall not be required to bear the
cost of the required 3-day training program or any additional
training provided to local school council members under this
Section.
The board shall also offer training to aid local school
councils in developing principal evaluation procedures and
criteria. The board shall send out requests for proposals
concerning this training and is authorized to contract with
universities, non-profits, and other interested organizations
and individuals to provide this training. The board is
authorized to use funds from private organizations,
non-profits, or any other outside source as well as its own
funds for this purpose.
(Source: P.A. 89-15, eff. 5-30-95; 90-100, eff. 7-11-97.)
(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. The
provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
34-2.4 and 34-8.3, and those provisions of paragraph 1 of
Section 34-18 and paragraph (c) of Section 34A-201a relating
to the allocation or application -- by formula or otherwise
-- of lump sum amounts and other funds to attendance centers,
shall not apply to attendance centers that have applied for
and been designated as a "Small School" by the Board, the
Cook County Juvenile Detention Center and Cook County Jail
schools, nor to the district's alternative schools for
pregnant girls, nor to alternative schools established under
Article 13A, nor to Washburne Trade School, the Industrial
Skills Center or Michael R. Durso School, the Jackson Adult
Center, the Hillard Adult Center, or the Alternative
Transitional School, or any other attendance center
designated by the Board as an alternative school, provided
that the designation is not applied to a school building that
has in place a legally constituted local school council; and
the board of education shall have and exercise with respect
to those schools and with respect to the conduct, operation,
affairs and budgets of those schools, and with respect to the
principals, teachers and other school staff there employed,
the same powers which are exercisable by local school
councils with respect to the other attendance centers,
principals, teachers and school staff within the district,
together with all powers and duties generally exercisable by
the board of education with respect to all attendance centers
within the district. The board of education shall develop
appropriate alternative methods for involving parents,
community members and school staff to the maximum extent
possible in all of the activities of those schools, and may
delegate to the parents, community members and school staff
so involved the same powers which are exercisable by local
school councils with respect to other attendance centers.
(Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96;
90-566, eff. 1-2-98.)
(105 ILCS 5/34-3.4)
(Section scheduled to be repealed on June 30, 2000)
Sec. 34-3.4. Chicago Schools Academic Accountability
Council.
(a) The Chicago Schools Academic Accountability Council,
hereinafter in this Section referred to as the "Council",
shall be created as provided in this Section to assist the
board and the State Board of Education in ensuring the
continuous improvement in all schools operated by the board.
(b) The purpose of the Council is to develop and
implement a comprehensive system of review, evaluation, and
analysis of school performance within the Chicago public
schools.
(c) The Trustees in consultation with the State Board of
Education shall establish the Chicago Schools Academic
Accountability Council to develop and implement an evaluation
system of the academic achievement of schools in districts
having a population that exceeds 500,000. The Trustees, in
consultation with the State Board of Education, shall
determine the size and makeup of the Council, the terms of
office of its members, and the process for appointment,
removal, and replacement of Council members. Evaluations will
be provided to the Trustees, the chief educational officer,
the respective principals, the respective local school
councils, and the State Superintendent of Education.
Evaluations may make recommendations to support future school
improvement, including recognition for exemplary achievement,
and initiation of remediation, probation, intervention, or
closure for an attendance center not meeting academic
standards. Consultation with the State Board of Education
shall be directed at ensuring consistency of evaluations and
preventing duplicative evaluation efforts.
(d) Nothing in this Section is designed to limit or
otherwise affect the general powers and responsibilities of
the chief educational officer to intervene or otherwise act
with respect to any attendance center not meeting standards
of academic performance and improvement specified by the
board, including intervention or action through remediation,
probation, intervention or closure.
(e) The Trustees and the chief educational officer may
request the Council to conduct or arrange for evaluations of
educational programs, policies, and procedures as may be
deemed necessary to ensure the academic progress of the
attendance centers in the system.
(f) The annual budget of the Council shall be determined
by the Trustees. Revenues needed to support the operations
of the Council may be derived from any available sources,
including, but not limited to, State aid received by the
board that was previously paid to the School Finance
Authority. Revenues may also be derived from grants and
other contributions from civic, business, and community-based
foundations and from other private sources.
(g) The Council shall be subject to the provisions of
the Open Meetings Act and the Freedom of Information Act.
(h) This Section is repealed on June 30, 2004 2000.
(Source: P.A. 89-15, eff. 5-30-95; 89-626, eff. 8-9-96.)
(105 ILCS 5/34-8) (from Ch. 122, par. 34-8)
Sec. 34-8. Powers and duties of general superintendent.
The general superintendent of schools shall prescribe and
control, subject to the approval of the board and to other
provisions of this Article, the courses of study mandated by
State law, textbooks, educational apparatus and equipment,
discipline in and conduct of the schools, and shall perform
such other duties as the board may by rule prescribe. The
superintendent shall also notify the State Board of
Education, the board and the chief administrative official,
other than the alleged perpetrator himself, in the school
where the alleged perpetrator serves, that any person who is
employed in a school or otherwise comes into frequent contact
with children in the school has been named as a perpetrator
in an indicated report filed pursuant to the Abused and
Neglected Child Reporting Act, approved June 26, 1975, as
amended.
The general superintendent may be granted the authority
by the board to hire a specific number of employees to assist
in meeting immediate responsibilities. Conditions of
employment for such personnel shall not be subject to the
provisions of Section 34-85.
The general superintendent may, pursuant to a delegation
of authority by the board and Section 34-18, approve
contracts and expenditures.
Pursuant to other provisions of this Article, sites shall
be selected, schoolhouses located thereon and plans therefor
approved, and textbooks and educational apparatus and
equipment shall be adopted and purchased by the board only
upon the recommendation of the general superintendent of
schools or by a majority vote of the full membership of the
board and, in the case of textbooks, subject to Article 28 of
this Act. The board may furnish free textbooks to pupils and
may publish its own textbooks and manufacture its own
apparatus, equipment and supplies.
In addition, in January of each year, beginning in 1990,
the general superintendent of schools shall report to the
regional superintendent of schools of the educational service
region in which the school district organized under this
Article is located, the number of high school students in the
district who are enrolled in accredited courses (for which
high school credit will be awarded upon successful completion
of the courses) at any community college, together with the
name and number of the course or courses which each such
student is taking.
The general superintendent shall also have the authority
to monitor the performance of attendance centers, to identify
and place an attendance center on remediation and probation,
and to recommend to the board that the attendance center be
placed on intervention and be reconstituted, subject to the
provisions of Sections 34-8.3 and 8.4.
The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the
district pursuant to guidelines promulgated by the Board and
the Board approved principal evaluation form. The evaluation
shall be based on factors, including the following: (i)
student academic improvement, as defined by the school
improvement plan; (ii) student absenteeism rates at the
school; (iii) instructional leadership; (iv) effective
implementation of programs, policies, or strategies to
improve student academic achievement; (v) school management;
and (vi) other factors, including, without limitation, the
principal's communication skills and ability to create and
maintain a student-centered learning environment, to develop
opportunities for professional development, and to encourage
parental involvement and community partnerships to achieve
school improvement.
(Source: P.A. 88-511; 89-15, eff. 5-30-95.)
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to
supervise the operation of each attendance center. Their
powers and duties shall include but not be limited to the
authority (i) to direct, supervise, evaluate, and suspend
with or without pay or otherwise discipline all teachers,
assistant principals, and other employees assigned to the
attendance center in accordance with board rules and policies
and (ii) to direct all other persons assigned to the
attendance center pursuant to a contract with a third party
to provide services to the school system. The right to
employ, discharge, and layoff shall be vested solely with the
board. The principal shall fill positions by appointment as
provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any
individual. The authority of the principal shall include the
authority to direct the hours during which the attendance
center shall be open and available for use provided the use
complies with board rules and policies, to determine when and
what operations shall be conducted within those hours, and to
schedule staff within those hours. Under the direction of,
and subject to the authority of the principal, the Engineer
In Charge shall be accountable for the safe, economical
operation of the plant and grounds and shall also be
responsible for orientation, training, and supervising the
work of Engineers, Trainees, school maintenance assistants,
custodial workers and other plant operation employees under
his or her direction.
There shall be established by the board a system of
semi-annual evaluations conducted by the principal as to
performance of the engineer in charge. Nothing in this
Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall
be given by the principal based on the evaluation conducted
by the principal. An unsatisfactory numerical rating shall
result in disciplinary action, which may include, without
limitation and in the judgment of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay, or recommended dismissal. The board shall
establish procedures for conducting the evaluation and
reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of,
the principal, the Food Service Manager is responsible at all
times for the proper operation and maintenance of the lunch
room to which he is assigned and shall also be responsible
for the orientation, training, and supervising the work of
cooks, bakers, porters, and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of
semi-annual evaluations conducted by the principal as to the
performance of the food service manager. Nothing in this
Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be
given by the principal based on the evaluation conducted by
the principal. An unsatisfactory numerical rating shall
result in disciplinary action which may include, without
limitation and in the judgment of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay, or recommended dismissal. The board shall
establish rules for conducting the evaluation and reporting
the results to the food service manager.
Nothing in this Section shall be interpreted to require
the employment or assignment of an Engineer-In-Charge or a
Food Service Manager for each attendance center.
Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due to extended illness or leave or absence, an assistant
principal may be assigned as acting principal for a period
not to exceed 100 school days. Each principal shall assume
administrative responsibility and instructional leadership,
in accordance with reasonable rules and regulations of the
board, for the planning, operation and evaluation of the
educational program of the attendance center to which he is
assigned. The principal shall submit recommendations to the
general superintendent concerning the appointment, dismissal,
retention, promotion, and assignment of all personnel
assigned to the attendance center; provided, that from and
after September 1, 1989: (i) if any vacancy occurs in a
position at the attendance center or if an additional or new
position is created at the attendance center, that position
shall be filled by appointment made by the principal in
accordance with procedures established and provided by the
Board whenever the majority of the duties included in that
position are to be performed at the attendance center which
is under the principal's supervision, and each such
appointment so made by the principal shall be made and based
upon merit and ability to perform in that position without
regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation
obligations, including but not limited to the Consent Decree
and Desegregation Plan in U.S. v. Chicago Board of Education;
(ii) the principal shall submit recommendations based upon
merit and ability to perform in the particular position,
without regard to seniority or length of service, to the
general superintendent concerning the appointment of any
teacher, teacher aide, counselor, clerk, hall guard, security
guard and any other personnel which is to be made by the
general superintendent whenever less than a majority of the
duties of that teacher, teacher aide, counselor, clerk, hall
guard, and security guard and any other personnel are to be
performed at the attendance center which is under the
principal's supervision; and (iii) subject to law and the
applicable collective bargaining agreements, the authority
and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an
attendance center shall commence immediately upon his or her
appointment as principal of the attendance center, without
regard to the length of time that he or she has been the
principal of that attendance center.
Notwithstanding the existence of any other law of this
State, nothing in this Act shall prevent the board from
entering into a contract with a third party for services
currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount of no more than $10,000, if the contract is endorsed
by the Local School Council.
Unless otherwise prohibited by law or by rule of the
board, the principal shall provide to local school council
members copies of all internal audits and any other pertinent
information generated by any audits or reviews of the
programs and operation of the attendance center.
Each principal shall hold a valid administrative
certificate issued or exchanged in accordance with Article 21
and endorsed as required by that Article for the position of
principal. The board may establish or impose academic,
educational, examination, and experience requirements and
criteria that are in addition to those established and
required by Article 21 for issuance of a valid certificate
endorsed for the position of principal as a condition of the
nomination, selection, appointment, employment, or continued
employment of a person as principal of any attendance center,
or as a condition of the renewal of any principal's
performance contract.
The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify in
the 4 year performance contracts for use with respect to all
principals, that his or her primary responsibility is in the
improvement of instruction. A majority of the time spent by
a principal shall be spent on curriculum and staff
development through both formal and informal activities,
establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents
and teachers. The principal, with the assistance of the
local school council, shall develop a school improvement plan
as provided in Section 34-2.4 and, upon approval of the plan
by the local school council, shall be responsible for
directing implementation of the plan. The principal, with the
assistance of the Professional Personnel Advisory Committee,
shall develop the specific methods and contents of the
school's curriculum within the board's system-wide curriculum
standards and objectives and the requirements of the school
improvement plan. The board shall ensure that all principals
are evaluated on their instructional leadership ability and
their ability to maintain a positive education and learning
climate. It shall also be the responsibility of the
principal to utilize resources of proper law enforcement
agencies when the safety and welfare of students and teachers
are threatened by illegal use of drugs and alcohol, by
illegal use or possession of weapons, or by illegal gang
activity.
On or before October 1, 1989, the Board of Education, in
consultation with any professional organization representing
principals in the district, shall promulgate rules and
implement a lottery for the purpose of determining whether a
principal's existing performance contract (including the
performance contract applicable to any principal's position
in which a vacancy then exists) expires on June 30, 1990 or
on June 30, 1991, and whether the ensuing 4 year performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education shall establish and conduct the lottery in such
manner that of all the performance contracts of principals
(including the performance contracts applicable to all
principal positions in which a vacancy then exists), 50% of
such contracts shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal on
May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
manner other than as provided by Section 34-2.3, shall be
deemed by operation of law to be serving under a performance
contract which expires on June 30, 1990 or June 30, 1991; and
unless such performance contract of any such principal is
renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or
34-2.3, the employment of such person as principal shall
terminate on June 30, 1990 or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and
thereafter, the principal of each attendance center shall be
the person selected in the manner provided by Section 34-2.3
to serve as principal of that attendance center under a 4
year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991,
shall commence on the date specified in the contract, and the
renewal of their performance contracts and the appointment of
principals when their performance contracts are not renewed
shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason,
the vacancy shall be filled by the selection of a new
principal to serve under a 4 year performance contract in the
manner provided by Section 34-2.3.
The board of education shall develop and prepare, in
consultation with the organization representing principals, a
4 year performance contract for use at all attendance
centers, and shall furnish the same to each local school
council. The contract's 4-year term may be modified by the
board pursuant to the principal retention review provisions
of Section 34-2.3. The performance contract of each
principal shall consist of the uniform performance contract,
as developed or from time to time modified by the board, and
such additional criteria as are established by a local school
council pursuant to Section 34-2.3 for the performance
contract of its principal.
During the term of his or her performance contract, a
principal may be removed only as provided for in the
performance contract except for cause. He or she shall also
be obliged to follow the rules of the board of education
concerning conduct and efficiency.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, or in the event a principal
is appointed to any position of superintendent or higher
position, or voluntarily resigns his position of principal,
his or her employment as a principal shall terminate and such
former principal shall not be reinstated to the position from
which he or she was promoted to principal, except that he or
she, if otherwise qualified and certified in accordance with
Article 21, shall be placed by the board on appropriate
eligibility lists which it prepares for use in the filling of
vacant or additional or newly created positions for teachers.
The principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, such principal shall be
eligible to continue to receive his or her previously
provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no
expense to the principal, provided that such principal has
not retired.
(Source: P.A. 88-45; 88-85; 88-511; 88-670, eff. 12-2-94;
88-686, eff. 1-24-95; 89-15, eff. 5-30-95; 89-636, eff.
8-9-96.)
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance
centers.
(a) The general superintendent shall monitor the
performance of the attendance centers within the district and
shall identify attendance centers in which that have:
(1) there is a failure failed to develop, or
implement, or comply with a school improvement plan;
(2) there is a pervasive breakdown in the
educational program as indicated by factors, including,
but not limited to, the absence of improvement in student
reading and math achievement scores, an increased
drop-out rate, a decreased graduation rate, and a
decrease in rate of student attendance failed to make
adequate progress toward complying with a school
improvement plan;
(3) (blank) failed or refused to comply with its
school improvement plan; or
(4) there is a failure otherwise failed or refusal
refused to comply with the provisions of this Act, other
applicable laws, collective bargaining agreements, court
orders, or with Board rules which the Board is authorized
to promulgate.
(b) If the general superintendent identifies a
nonperforming school as described herein, he or she shall
place the attendance center on remediation by developing a
remediation plan for the center. The purpose of the
remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the
following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding
for training for the local school council;
(3) directing implementation of a school
improvement plan;
(4) mediating disputes or other obstacles to reform
or improvement at the attendance center.
If, however, the general superintendent determines that
the problems are not able to be remediated by these methods,
the general superintendent shall place the attendance center
on probation.
(c) Each school placed on probation shall have a school
improvement plan and school budget for correcting
deficiencies identified specified by the board. The This
plan shall include specific steps that the local school
council and school staff must take to correct identified
deficiencies and specific objective criteria by which the
school's subsequent progress will be determined judged. The
school budget shall include specific expenditures directly
calculated to correct educational and operational
deficiencies identified at the school by the probation team.
The plan may also specify external technical assistance that
will be provided to the school, drawing on its school
discretionary fund and other school funds.
(d) Schools placed on probation that, after a maximum of
one year, fail to make adequate progress in correcting
deficiencies are subject to the following action by the
general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
provisions of Section 24A-5.
(4) Reconstitution of the attendance center and
replacement and reassignment by the general
superintendent of all employees of the attendance center.
(5) Intervention under Section 34-8.4.
(6) Closing of the school.
(e) Schools placed on probation shall remain on
probation from year to year until deficiencies are corrected,
even if such schools make acceptable annual progress.
(f) Where the board has reason to believe that
violations of civil rights, or of civil or criminal law have
occurred, or when the general superintendent deems that the
school is in educational crisis it may take immediate
corrective action, including the actions specified in this
Section, without first placing the school on remediation or
probation. Nothing described herein shall limit the
authority of the board as provided by any law of this State.
The board shall develop criteria governing the determination
regarding when a school is in educational crisis.
(g) All persons serving as subdistrict superintendent on
May 1, 1995 shall be deemed by operation of law to be serving
under a performance contract which expires on June 30, 1995,
and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board
shall have no obligation to compensate any such person as a
subdistrict superintendent after June 30, 1995.
(h) The general superintendent shall, in consultation
with local school councils, conduct an annual evaluation of
each principal in the district pursuant to guidelines
promulgated by the Board of Education.
(Source: P.A. 89-15, eff. 5-30-95.)
(105 ILCS 5/34-8.3a new)
Sec. 34-8.3a. Financial supervision of attendance
centers.
(a) A fiscal advisor that has been appointed pursuant to
subsection (a) of Section 34-2.1 of this Code shall, not
later than 90 days after his or her appointment, report to
the general superintendent, the board of education, the local
school council, and the principal of the school on the
progress made in addressing any of the financial
deficiencies. If the fiscal advisor determines that the
attendance center has rectified all identified deficiencies
or has made satisfactory progress in addressing identified
deficiencies such that the deficiencies shall be corrected
subsequent to the 90-day period, no further action shall be
taken by the Board. If, however, the local school council
and the principal have not rectified or made satisfactory
progress in correcting identified deficiencies, the general
superintendent may appoint a financial supervision team,
consisting of the fiscal advisor, the general superintendent
or his or her designee, and a representative of an outside,
independent auditor. Financial supervision teams may develop
and implement school budgets to correct the financial
irregularities identified in the fiscal advisor's report.
The budget shall identify specifically those expenditures
that directly correct the irregularities identified in the
fiscal advisor's report. Financial supervision teams shall
institute systems and procedures necessary to achieve
appropriate fiscal management at the school.
(b) Financial supervision teams may modify an existing
school improvement plan only to the extent necessary to
implement the school budget it develops. Modifications to a
school improvement plan shall include specific steps that the
local school council and school staff must take to correct
each specific financial irregularity identified by the fiscal
advisor's report. The modifications to a school improvement
plan shall further specify objective criteria by which the
deficiencies identified in the fiscal advisor's report are to
be corrected. The local school council and school staff
shall be consulted on the school budget and modifications to
the school improvement plan to be implemented by the
financial supervision team but will have no authority to
modify either.
(c) Upon implementation of the budget developed by the
financial supervision team, and accompanying modifications to
a school improvement plan, the financial supervision team's
authority to conduct fiscal or related educational management
of a school shall cease.
(105 ILCS 5/34-11) (from Ch. 122, par. 34-11)
Sec. 34-11. Duties of general counsel; attorney
assistants. The board by a majority vote of its full
membership shall appoint a general counsel an attorney who
shall have charge and control, subject to the approval of the
board, of the law department and of all litigation, legal
questions and such other legal matters as may be referred to
the department by the board or by the general superintendent
of schools. Appointments, promotions and discharge of
assistant attorneys shall be made by a majority of the board
upon recommendation of the attorney or by a majority vote of
the full membership of the board. The general counsel
attorney shall hold this office for an indefinite term
subject to removal by a majority vote of the full membership
of the board. In this Article, "attorney" means general
counsel.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/34-12) (from Ch. 122, par. 34-12)
Sec. 34-12. Participation in meetings by superintendent
and attorney. The general superintendent of schools and the
general counsel attorney may be present at all meetings of
the board and shall have a right to take part in its
discussions and deliberations, but shall have no vote.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/34-13) (from Ch. 122, par. 34-13)
Sec. 34-13. Appointment, removal or suspension of
attorney and assistants. The appointment and removal of the
general superintendent of schools, heads of general
departments now in existence or hereafter established, the
general counsel attorney, and all assistant attorneys shall
not be subject to the civil service law. The heads of general
departments now in existence or hereafter established may be
removed by a majority vote of the full membership of the
board upon the recommendation of the general superintendent
of schools or by a majority vote of the full membership of
the board.
(Source: P.A. 85-1418; 86-1477.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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