HB3239 EnrolledLRB099 11011 NHT 31376 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 Section
534-2.1 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 school
11council shall consist of the following 12 voting members: the
12principal of the attendance center, 2 teachers employed and
13assigned to perform the majority of their employment duties at
14the attendance center, 6 parents of students currently enrolled
15at the attendance center, one employee of the school district
16employed and assigned to perform the majority of his or her
17employment duties at the attendance center who is not a
18teacher, and 2 community residents. Neither the parents nor the
19community residents who serve as members of the local school
20council shall be employees of the Board of Education. In each
21secondary attendance center, the local school council shall
22consist of 13 voting members -- the 12 voting members described
23above and one full-time student member, appointed as provided

 

 

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

 

 

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1    (c) Beginning with the 1995-1996 school year and in every
2even-numbered year thereafter, the Board shall set second
3semester Parent Report Card Pick-up Day for Local School
4Council elections and may schedule elections at year-round
5schools for the same dates as the remainder of the school
6system. Elections shall be conducted as provided herein by the
7Board of Education in consultation with the local school
8council at each attendance center.
9    (d) Beginning with the 1995-96 school year, the following
10procedures shall apply to the election of local school council
11members at each attendance center:
12        (i) The elected members of each local school council
13    shall consist of the 6 parent members and the 2 community
14    resident members.
15        (ii) Each elected member shall be elected by the
16    eligible voters of that attendance center to serve for a
17    two-year term commencing on July 1 immediately following
18    the election described in subsection (c). Eligible voters
19    for each attendance center shall consist of the parents and
20    community residents for that attendance center.
21        (iii) Each eligible voter shall be entitled to cast one
22    vote for up to a total of 5 candidates, irrespective of
23    whether such candidates are parent or community resident
24    candidates.
25        (iv) Each parent voter shall be entitled to vote in the
26    local school council election at each attendance center in

 

 

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1    which he or she has a child currently enrolled. Each
2    community resident voter shall be entitled to vote in the
3    local school council election at each attendance center for
4    which he or she resides in the applicable attendance area
5    or voting district, as the case may be.
6        (v) Each eligible voter shall be entitled to vote once,
7    but not more than once, in the local school council
8    election at each attendance center at which the voter is
9    eligible to vote.
10        (vi) The 2 teacher members and the non-teacher employee
11    member of each local school council shall be appointed as
12    provided in subsection (l) below each to serve for a
13    two-year term coinciding with that of the elected parent
14    and community resident members.
15        (vii) At secondary attendance centers, the voting
16    student member shall be appointed as provided in subsection
17    (m) below to serve for a one-year term coinciding with the
18    beginning of the terms of the elected parent and community
19    members of the local school council.
20    (e) The Council shall publicize the date and place of the
21election by posting notices at the attendance center, in public
22places within the attendance boundaries of the attendance
23center and by distributing notices to the pupils at the
24attendance center, and shall utilize such other means as it
25deems necessary to maximize the involvement of all eligible
26voters.

 

 

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

 

 

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1disclosure is restricted or prohibited under Section 5-901 or
25-905 of the Juvenile Court Act of 1987. Failure to make such
3disclosure shall render a person ineligible for election or to
4serve on the local school council. The same disclosure shall be
5required of persons under consideration for appointment to the
6Council pursuant to subsections (l) and (m) of this Section.
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 determined
13at any time that a local school council member or member-elect
14has been convicted of any of the offenses enumerated in this
15Section or failed to disclose a conviction of any of the
16offenses enumerated in Section 34-18.5, the general
17superintendent shall notify the local school council member or
18member-elect of such determination and the local school council
19member or member-elect shall be removed from the local school
20council by the Board, subject to a hearing, convened pursuant
21to Board rule, prior to removal.
22    (g) At least one week before the election date, the Council
23shall publicize, in the manner provided in subsection (e), the
24names 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 that,
8except as provided in subsections (e) and (g), no resources of
9any attendance center shall be used to endorse or promote any
10candidate.
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 employed
16    and assigned to perform the majority of their employment
17    duties at the attendance center to serve on the local
18    school council of the attendance center for a two-year term
19    coinciding with the terms of the elected parent and
20    community members of that local school council. These
21    appointments shall be made from among those teachers who
22    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 procedures

 

 

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1    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 council
16    until such time as the teacher member originally appointed
17    pursuant to this subsection (l) resumes service at the
18    attendance center or for the remainder of the term. The
19    replacement teacher representative shall be appointed in
20    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, and in every
24year thereafter, the Board shall appoint one student member to
25each secondary attendance center. These appointments shall be
26made in the following manner:

 

 

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1        (i) Appointments shall be made from among those
2    students who submit statements of candidacy to the
3    principal of the attendance center, such statements to be
4    submitted commencing on the first day of the twentieth week
5    of school and continuing for 2 weeks thereafter. The form
6    and manner of such candidacy statements shall be determined
7    by the Board.
8        (ii) During the twenty-second week of school in every
9    year, the principal of each attendance center shall conduct
10    a non-binding, advisory poll to ascertain the preferences
11    of the school students regarding the appointment of a
12    student to the local school council for that attendance
13    center. At such poll, each student shall be entitled to
14    indicate his or her preference for up to one candidate from
15    among those who submitted statements of candidacy as
16    described above. The Board shall promulgate rules to ensure
17    that these non-binding, advisory polls are conducted in a
18    fair and equitable manner and maximize the involvement of
19    all school students. The preferences expressed in these
20    non-binding, advisory polls shall be transmitted by the
21    principal to the Board. However, these preferences shall be
22    advisory only and the Board shall maintain absolute
23    discretion to appoint student members to local school
24    councils, irrespective of the preferences expressed in any
25    such poll.
26        (iii) For the 1995-96 school year only, appointments

 

 

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

 

 

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1intervals with the Secretary of the Board. Failure to comply
2with such rules or intentionally falsifying such reports shall
3be grounds for disqualification from local school council
4membership. A vacancy on the Council for disqualification may
5be so declared by the Secretary of the Board. Rules regarding
6conflicts of interest and disclosure of economic interests
7promulgated by the Board shall apply to local school council
8members. No less than 45 days prior to the deadline, the
9general superintendent shall provide notice, by mail, to each
10local school council member of all requirements and forms for
11compliance with economic interest statements.
12    (r) (1) If a parent member of a local school council ceases
13to have any child enrolled in the attendance center governed by
14the Local School Council due to the graduation or voluntary
15transfer of a child or children from the attendance center, the
16parent's membership on the Local School Council and all voting
17rights are terminated immediately as of the date of the child's
18graduation or voluntary transfer. If the child of a parent
19member of a local school council dies during the member's term
20in office, the member may continue to serve on the local school
21council for the balance of his or her term. Further, a local
22school council member may be removed from the Council by a
23majority vote of the Council as provided in subsection (c) of
24Section 34-2.2 if the Council member has missed 3 consecutive
25regular meetings, not including committee meetings, or 5
26regular meetings in a 12 month period, not including committee

 

 

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

 

 

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1from employment with the Board or voluntarily transfers to
2another school, the teacher's membership on the local school
3council and all voting rights are terminated immediately as of
4the date of the teacher's resignation or upon the date of the
5teacher's voluntary transfer to another school. If a teacher
6member of a local school council ceases to be eligible to serve
7on a local school council for any other reason, that member
8shall be removed by the Board subject to a hearing, convened
9pursuant to Board rule, prior to removal.
10    (s) As used in this Section only, "community resident"
11means a person, 17 years of age or older, residing within an
12attendance area served by a school, excluding any person who is
13a parent of a student enrolled in that school; provided that
14with respect to any multi-area school, community resident means
15any person, 17 years of age or older, residing within the
16voting district established for that school pursuant to Section
1734-2.1c, excluding any person who is a parent of a student
18enrolled in that school. This definition does not apply to any
19provisions concerning school boards.
20(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
2197-1150, eff. 1-25-13.)