HB1158 EnrolledLRB102 03174 CMG 13187 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
534-2.1 and 34-2.2 as follows:
 
6    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
7    Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9    (a) A local school council shall be established for each
10attendance center within the school district. Each local
11school council shall consist of the following 12 voting
12members: the principal of the attendance center, 2 teachers
13employed and assigned to perform the majority of their
14employment duties at the attendance center, 6 parents of
15students currently enrolled at the attendance center, one
16employee of the school district employed and assigned to
17perform the majority of his or her employment duties at the
18attendance center who is not a teacher, and 2 community
19residents. Neither the parents nor the community residents who
20serve as members of the local school council shall be
21employees of the Board of Education. In each secondary
22attendance center, the local school council shall consist of
2313 voting members through the 2020-2021 school year, -- the 12

 

 

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1voting members described above and one full-time student
2member, and 15 voting members beginning with the 2021-2022
3school year, the 12 voting members described above and 3
4full-time student members, appointed as provided in subsection
5(m) below. In the event that the chief executive officer of the
6Chicago School Reform Board of Trustees determines that a
7local school council is not carrying out its financial duties
8effectively, the chief executive officer is authorized to
9appoint a representative of the business community with
10experience in finance and management to serve as an advisor to
11the local school council for the purpose of providing advice
12and assistance to the local school council on fiscal matters.
13The advisor shall have access to relevant financial records of
14the local school council. The advisor may attend executive
15sessions. The chief executive officer shall issue a written
16policy defining the circumstances under which a local school
17council is not carrying out its financial duties effectively.
18    (b) Within 7 days of January 11, 1991, the Mayor shall
19appoint the members and officers (a Chairperson who shall be a
20parent member and a Secretary) of each local school council
21who shall hold their offices until their successors shall be
22elected and qualified. Members so appointed shall have all the
23powers and duties of local school councils as set forth in this
24amendatory Act of 1991. The Mayor's appointments shall not
25require approval by the City Council.
26    The membership of each local school council shall be

 

 

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1encouraged to be reflective of the racial and ethnic
2composition of the student population of the attendance center
3served by the local school council.
4    (c) Beginning with the 1995-1996 school year and in every
5even-numbered year thereafter, the Board shall set second
6semester Parent Report Card Pick-up Day for Local School
7Council elections and may schedule elections at year-round
8schools for the same dates as the remainder of the school
9system. Elections shall be conducted as provided herein by the
10Board of Education in consultation with the local school
11council at each attendance center.
12    (c-5) Notwithstanding subsection (c), for the local school
13council election set for the 2019-2020 school year, the Board
14may hold the election on the first semester Parent Report Card
15Pick-up Day of the 2020-2021 school year, making any necessary
16modifications to the election process or date to comply with
17guidance from the Department of Public Health and the federal
18Centers for Disease Control and Prevention. The terms of
19office of all local school council members eligible to serve
20and seated on or after March 23, 2020 through January 10, 2021
21are extended through January 10, 2021, provided that the
22members continue to meet eligibility requirements for local
23school council membership.
24    (d) Beginning with the 1995-96 school year, the following
25procedures shall apply to the election of local school council
26members at each attendance center:

 

 

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1        (i) The elected members of each local school council
2    shall consist of the 6 parent members and the 2 community
3    resident members.
4        (ii) Each elected member shall be elected by the
5    eligible voters of that attendance center to serve for a
6    two-year term commencing on July 1 immediately following
7    the election described in subsection (c), except that the
8    terms of members elected to a local school council under
9    subsection (c-5) shall commence on January 11, 2021 and
10    end on July 1, 2022. Eligible voters for each attendance
11    center shall consist of the parents and community
12    residents for that attendance center.
13        (iii) Each eligible voter shall be entitled to cast
14    one vote for up to a total of 5 candidates, irrespective of
15    whether such candidates are parent or community resident
16    candidates.
17        (iv) Each parent voter shall be entitled to vote in
18    the local school council election at each attendance
19    center in which he or she has a child currently enrolled.
20    Each community resident voter shall be entitled to vote in
21    the local school council election at each attendance
22    center for which he or she resides in the applicable
23    attendance area or voting district, as the case may be.
24        (v) Each eligible voter shall be entitled to vote
25    once, but not more than once, in the local school council
26    election at each attendance center at which the voter is

 

 

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1    eligible to vote.
2        (vi) The 2 teacher members and the non-teacher
3    employee member of each local school council shall be
4    appointed as provided in subsection (l) below each to
5    serve for a two-year term coinciding with that of the
6    elected parent and community resident members. From March
7    23, 2020 through January 10, 2021, the chief executive
8    officer or his or her designee may make accommodations to
9    fill the vacancy of a teacher or non-teacher employee
10    member of a local school council.
11        (vii) At secondary attendance centers, the voting
12    student members member shall be appointed as provided in
13    subsection (m) below to serve for a one-year term
14    coinciding with the beginning of the terms of the elected
15    parent and community members of the local school council.
16    For the 2020-2021 school year, the chief executive officer
17    or his or her designee may make accommodations to fill the
18    vacancy of a student member of a local school council.
19    (e) The Council shall publicize the date and place of the
20election by posting notices at the attendance center, in
21public places within the attendance boundaries of the
22attendance center and by distributing notices to the pupils at
23the attendance center, and shall utilize such other means as
24it deems necessary to maximize the involvement of all eligible
25voters.
26    (f) Nomination. The Council shall publicize the opening of

 

 

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1nominations by posting notices at the attendance center, in
2public places within the attendance boundaries of the
3attendance center and by distributing notices to the pupils at
4the attendance center, and shall utilize such other means as
5it deems necessary to maximize the involvement of all eligible
6voters. Not less than 2 weeks before the election date,
7persons eligible to run for the Council shall submit their
8name, date of birth, social security number, if available, and
9some evidence of eligibility to the Council. The Council shall
10encourage nomination of candidates reflecting the
11racial/ethnic population of the students at the attendance
12center. Each person nominated who runs as a candidate shall
13disclose, in a manner determined by the Board, any economic
14interest held by such person, by such person's spouse or
15children, or by each business entity in which such person has
16an ownership interest, in any contract with the Board, any
17local school council or any public school in the school
18district. Each person nominated who runs as a candidate shall
19also disclose, in a manner determined by the Board, if he or
20she ever has been convicted of any of the offenses specified in
21subsection (c) of Section 34-18.5; provided that neither this
22provision nor any other provision of this Section shall be
23deemed to require the disclosure of any information that is
24contained in any law enforcement record or juvenile court
25record that is confidential or whose accessibility or
26disclosure is restricted or prohibited under Section 5-901 or

 

 

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15-905 of the Juvenile Court Act of 1987. Failure to make such
2disclosure shall render a person ineligible for election or to
3serve on the local school council. The same disclosure shall
4be required of persons under consideration for appointment to
5the Council pursuant to subsections (l) and (m) of this
6Section.
7    (f-5) Notwithstanding disclosure, a person who has been
8convicted of any of the following offenses at any time shall be
9ineligible for election or appointment to a local school
10council and ineligible for appointment to a local school
11council pursuant to subsections (l) and (m) of this Section:
12(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1311-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1411-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1512-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
16Section 11-14.3, of the Criminal Code of 1961 or the Criminal
17Code of 2012, or (ii) any offense committed or attempted in any
18other state or against the laws of the United States, which, if
19committed or attempted in this State, would have been
20punishable as one or more of the foregoing offenses.
21Notwithstanding disclosure, a person who has been convicted of
22any of the following offenses within the 10 years previous to
23the date of nomination or appointment shall be ineligible for
24election or appointment to a local school council: (i) those
25defined in Section 401.1, 405.1, or 405.2 of the Illinois
26Controlled Substances Act or (ii) any offense committed or

 

 

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1attempted in any other state or against the laws of the United
2States, which, if committed or attempted in this State, would
3have been punishable as one or more of the foregoing offenses.
4    Immediately upon election or appointment, incoming local
5school council members shall be required to undergo a criminal
6background investigation, to be completed prior to the member
7taking office, in order to identify any criminal convictions
8under the offenses enumerated in Section 34-18.5. The
9investigation shall be conducted by the Department of State
10Police in the same manner as provided for in Section 34-18.5.
11However, notwithstanding Section 34-18.5, the social security
12number shall be provided only if available. If it is
13determined at any time that a local school council member or
14member-elect has been convicted of any of the offenses
15enumerated in this Section or failed to disclose a conviction
16of any of the offenses enumerated in Section 34-18.5, the
17general superintendent shall notify the local school council
18member or member-elect of such determination and the local
19school council member or member-elect shall be removed from
20the local school council by the Board, subject to a hearing,
21convened pursuant to Board rule, prior to removal.
22    (g) At least one week before the election date, the
23Council shall publicize, in the manner provided in subsection
24(e), the names of persons nominated for election.
25    (h) Voting shall be in person by secret ballot at the
26attendance center between the hours of 6:00 a.m. and 7:00 p.m.

 

 

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1    (i) Candidates receiving the highest number of votes shall
2be declared elected by the Council. In cases of a tie, the
3Council shall determine the winner by lot.
4    (j) The Council shall certify the results of the election
5and shall publish the results in the minutes of the Council.
6    (k) The general superintendent shall resolve any disputes
7concerning election procedure or results and shall ensure
8that, except as provided in subsections (e) and (g), no
9resources of any attendance center shall be used to endorse or
10promote any candidate.
11    (l) Beginning with the 1995-1996 school year and in every
12even numbered year thereafter, the Board shall appoint 2
13teacher members to each local school council. These
14appointments shall be made in the following manner:
15        (i) The Board shall appoint 2 teachers who are
16    employed and assigned to perform the majority of their
17    employment duties at the attendance center to serve on the
18    local school council of the attendance center for a
19    two-year term coinciding with the terms of the elected
20    parent and community members of that local school council.
21    These appointments shall be made from among those teachers
22    who are nominated in accordance with subsection (f).
23        (ii) A non-binding, advisory poll to ascertain the
24    preferences of the school staff regarding appointments of
25    teachers to the local school council for that attendance
26    center shall be conducted in accordance with the

 

 

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1    procedures used to elect parent and community Council
2    representatives. At such poll, each member of the school
3    staff shall be entitled to indicate his or her preference
4    for up to 2 candidates from among those who submitted
5    statements of candidacy as described above. These
6    preferences shall be advisory only and the Board shall
7    maintain absolute discretion to appoint teacher members to
8    local school councils, irrespective of the preferences
9    expressed in any such poll.
10        (iii) In the event that a teacher representative is
11    unable to perform his or her employment duties at the
12    school due to illness, disability, leave of absence,
13    disciplinary action, or any other reason, the Board shall
14    declare a temporary vacancy and appoint a replacement
15    teacher representative to serve on the local school
16    council until such time as the teacher member originally
17    appointed pursuant to this subsection (l) resumes service
18    at the attendance center or for the remainder of the term.
19    The replacement teacher representative shall be appointed
20    in the same manner and by the same procedures as teacher
21    representatives are appointed in subdivisions (i) and (ii)
22    of this subsection (l).
23    (m) Beginning with the 1995-1996 school year through the
242020-2021 school year, and in every year thereafter, the Board
25shall appoint one student member to each secondary attendance
26center. Beginning with the 2021-2022 school year and for every

 

 

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1school year thereafter, the Board shall appoint 3 student
2members to each secondary attendance center. These
3appointments shall be made in the following manner:
4        (i) Appointments shall be made from among those
5    students who submit statements of candidacy to the
6    principal of the attendance center, such statements to be
7    submitted commencing on the first day of the twentieth
8    week of school and continuing for 2 weeks thereafter. The
9    form and manner of such candidacy statements shall be
10    determined by the Board.
11        (ii) During the twenty-second week of school in every
12    year, the principal of each attendance center shall
13    conduct a non-binding, advisory poll to ascertain the
14    preferences of the school students regarding the
15    appointment of a student students to the local school
16    council for that attendance center. At such poll, each
17    student shall be entitled to indicate his or her
18    preference for up to one candidate from among those who
19    submitted statements of candidacy as described above. The
20    Board shall promulgate rules to ensure that these
21    non-binding, advisory polls are conducted in a fair and
22    equitable manner and maximize the involvement of all
23    school students. The preferences expressed in these
24    non-binding, advisory polls shall be transmitted by the
25    principal to the Board. However, these preferences shall
26    be advisory only and the Board shall maintain absolute

 

 

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1    discretion to appoint student members to local school
2    councils, irrespective of the preferences expressed in any
3    such poll.
4        (iii) For the 1995-96 school year only, appointments
5    shall be made from among those students who submitted
6    statements of candidacy to the principal of the attendance
7    center during the first 2 weeks of the school year. The
8    principal shall communicate the results of any nonbinding,
9    advisory poll to the Board. These results shall be
10    advisory only, and the Board shall maintain absolute
11    discretion to appoint student members to local school
12    councils, irrespective of the preferences expressed in any
13    such poll.
14    (n) The Board may promulgate such other rules and
15regulations for election procedures as may be deemed necessary
16to ensure fair elections.
17    (o) In the event that a vacancy occurs during a member's
18term, the Council shall appoint a person eligible to serve on
19the Council, to fill the unexpired term created by the
20vacancy, except that any teacher vacancy shall be filled by
21the Board after considering the preferences of the school
22staff as ascertained through a non-binding advisory poll of
23school staff.
24    (p) If less than the specified number of persons is
25elected within each candidate category, the newly elected
26local school council shall appoint eligible persons to serve

 

 

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1as members of the Council for two-year terms.
2    (q) The Board shall promulgate rules regarding conflicts
3of interest and disclosure of economic interests which shall
4apply to local school council members and which shall require
5reports or statements to be filed by Council members at
6regular intervals with the Secretary of the Board. Failure to
7comply with such rules or intentionally falsifying such
8reports shall be grounds for disqualification from local
9school council membership. A vacancy on the Council for
10disqualification may be so declared by the Secretary of the
11Board. Rules regarding conflicts of interest and disclosure of
12economic interests promulgated by the Board shall apply to
13local school council members. No less than 45 days prior to the
14deadline, the general superintendent shall provide notice, by
15mail, to each local school council member of all requirements
16and forms for compliance with economic interest statements.
17    (r) (1) If a parent member of a local school council ceases
18to have any child enrolled in the attendance center governed
19by the Local School Council due to the graduation or voluntary
20transfer of a child or children from the attendance center,
21the parent's membership on the Local School Council and all
22voting rights are terminated immediately as of the date of the
23child's graduation or voluntary transfer. If the child of a
24parent member of a local school council dies during the
25member's term in office, the member may continue to serve on
26the local school council for the balance of his or her term.

 

 

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1Further, a local school council member may be removed from the
2Council by a majority vote of the Council as provided in
3subsection (c) of Section 34-2.2 if the Council member has
4missed 3 consecutive regular meetings, not including committee
5meetings, or 5 regular meetings in a 12 month period, not
6including committee meetings. If a parent member of a local
7school council ceases to be eligible to serve on the Council
8for any other reason, he or she shall be removed by the Board
9subject to a hearing, convened pursuant to Board rule, prior
10to removal. A vote to remove a Council member by the local
11school council shall only be valid if the Council member has
12been notified personally or by certified mail, mailed to the
13person's last known address, of the Council's intent to vote
14on the Council member's removal at least 7 days prior to the
15vote. The Council member in question shall have the right to
16explain his or her actions and shall be eligible to vote on the
17question of his or her removal from the Council. The
18provisions of this subsection shall be contained within the
19petitions used to nominate Council candidates.
20    (2) A person may continue to serve as a community resident
21member of a local school council as long as he or she resides
22in the attendance area served by the school and is not employed
23by the Board nor is a parent of a student enrolled at the
24school. If a community resident member ceases to be eligible
25to serve on the Council, he or she shall be removed by the
26Board subject to a hearing, convened pursuant to Board rule,

 

 

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1prior to removal.
2    (3) A person may continue to serve as a teacher member of a
3local school council as long as he or she is employed and
4assigned to perform a majority of his or her duties at the
5school, provided that if the teacher representative resigns
6from employment with the Board or voluntarily transfers to
7another school, the teacher's membership on the local school
8council and all voting rights are terminated immediately as of
9the date of the teacher's resignation or upon the date of the
10teacher's voluntary transfer to another school. If a teacher
11member of a local school council ceases to be eligible to serve
12on a local school council for any other reason, that member
13shall be removed by the Board subject to a hearing, convened
14pursuant to Board rule, prior to removal.
15    (s) As used in this Section only, "community resident"
16means a person, 17 years of age or older, residing within an
17attendance area served by a school, excluding any person who
18is a parent of a student enrolled in that school; provided that
19with respect to any multi-area school, community resident
20means any person, 17 years of age or older, residing within the
21voting district established for that school pursuant to
22Section 34-2.1c, excluding any person who is a parent of a
23student enrolled in that school. This definition does not
24apply to any provisions concerning school boards.
25(Source: P.A. 101-643, eff. 6-18-20.)
 

 

 

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1    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
2    Sec. 34-2.2. Local school councils - Manner of operation.
3    (a) The annual organizational meeting of each local school
4council shall be held at the attendance center or via
5videoconference or teleconference if guidance from the
6Department of Public Health or Centers for Disease Control and
7Prevention limits the size of in-person meetings at the time
8of the meeting. At the annual organization meeting, which
9shall be held no sooner than July 1 and no later than July 14,
10a parent member of the local school council shall be selected
11by the members of such council as its chairperson, and a
12secretary shall be selected by the members of such council
13from among their number, each to serve a term of one year.
14However, an organizational meeting held by members elected to
15a local school council under subsection (c-5) of Section
1634-2.1 may be held no sooner than January 11, 2021 and no later
17than January 31, 2021. Whenever a vacancy in the office of
18chairperson or secretary of a local school council shall
19occur, a new chairperson (who shall be a parent member) or
20secretary, as the case may be, shall be elected by the members
21of the local school council from among their number to serve as
22such chairperson or secretary for the unexpired term of office
23in which the vacancy occurs. At each annual organizational
24meeting, the time and place of any regular meetings of the
25local school council shall be fixed. Special meetings of the
26local school council may be called by the chairperson or by any

 

 

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14 members by giving notice thereof in writing, specifying the
2time, place and purpose of the meeting. Public notice of
3meetings shall also be given in accordance with the Open
4Meetings Act.
5    (b) Members and officers of the local school council shall
6serve without compensation and without reimbursement of any
7expenses incurred in the performance of their duties, except
8that the board of education may by rule establish a procedure
9and thereunder provide for reimbursement of members and
10officers of local school councils for such of their reasonable
11and necessary expenses (excluding any lodging or meal
12expenses) incurred in the performance of their duties as the
13board may deem appropriate.
14    (c) A majority of the full membership of the local school
15council shall constitute a quorum, and whenever a vote is
16taken on any measure before the local school council, a quorum
17being present, the affirmative vote of a majority of the votes
18of the full membership then serving of the local school
19council shall determine the outcome thereof; provided that
20whenever the measure before the local school council is (i)
21the evaluation of the principal, or (ii) the renewal of his or
22her performance contract or the inclusion of any provision or
23modification of the contract, or (iii) the direct selection by
24the local school council of a new principal (including a new
25principal to fill a vacancy) to serve under a 4 year
26performance contract, or (iv) the determination of the names

 

 

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1of candidates to be submitted to the general superintendent
2for the position of principal, the principal and any student
3members member of a high school council shall not be counted
4for purposes of determining whether a quorum is present to act
5on the measure and shall have no vote thereon; and provided
6further that 7 affirmative votes of the local school council
7shall be required for the direct selection by the local school
8council of a new principal to serve under a 4 year performance
9contract but not for the renewal of a principal's performance
10contract.
11    (d) Student members of high school councils shall not be
12eligible to vote on personnel matters, including but not
13limited to principal evaluations and contracts and the
14allocation of teaching and staff resources.
15    (e) The local school council of an attendance center which
16provides bilingual education shall be encouraged to provide
17translators at each council meeting to maximize participation
18of parents and the community.
19    (f) Each local school council of an attendance center
20which provides bilingual education shall create a Bilingual
21Advisory Committee or recognize an existing Bilingual Advisory
22Committee as a standing committee. The Chair and a majority of
23the members of the advisory committee shall be parents of
24students in the bilingual education program. The parents on
25the advisory committee shall be selected by parents of
26students in the bilingual education program, and the committee

 

 

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1shall select a Chair. The advisory committee for each
2secondary attendance center shall include at least one
3full-time bilingual education student. The Bilingual Advisory
4Committee shall serve only in an advisory capacity to the
5local school council.
6    (g) Local school councils may utilize the services of an
7arbitration board to resolve intra-council disputes.
8(Source: P.A. 101-643, eff. 6-18-20.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.