Illinois General Assembly - Full Text of SB0101
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Full Text of SB0101  102nd General Assembly

SB0101enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0101 EnrolledLRB102 10486 CMG 15815 b

1    AN ACT concerning education.
 
2    WHEREAS, Postsecondary education is increasingly necessary
3for success in the modern workforce; and
 
4    WHEREAS, The affordability of college is an ongoing
5concern for students, families, and State policymakers; and
 
6    WHEREAS, The equitable first-day-of-class access to
7effective textbooks and other learning materials plays a
8critical role in a student's postsecondary educational
9experience; and
 
10    WHEREAS, Institutions of higher learning within and
11outside of this State are utilizing online educational
12software to enhance and personalize a student's learning
13experience while driving down the costs of attending college;
14therefore,
 
15    Be it enacted by the People of the State of Illinois,
16represented in the General Assembly:
 
17    Section 5. The School Code is amended by changing Sections
1834-2.1, 34-2.2, 34-2.3, 34-2.4b, and 34-8.3 as follows:
 
19    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)

 

 

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1    Sec. 34-2.1. Local school councils; composition; voter
2eligibility; elections; terms School Councils - Composition -
3Voter-Eligibility - Elections - Terms.
4    (a) Beginning with the first local school council election
5that occurs after the effective date of this amendatory Act of
6the 102nd General Assembly, a A local school council shall be
7established for each attendance center within the school
8district, including public small schools within the district.
9Each local school council shall consist of the following 12
10voting members: the principal of the attendance center, 2
11teachers employed and assigned to perform the majority of
12their employment duties at the attendance center, 6 parents of
13students currently enrolled at the attendance center, one
14employee of the school district employed and assigned to
15perform the majority of his or her employment duties at the
16attendance center who is not a teacher, and 2 community
17residents. Neither the parents nor the community residents who
18serve as members of the local school council shall be
19employees of the Board of Education. In each secondary
20attendance center, the local school council shall consist of
2113 voting members through the 2020-2021 school year, the 12
22voting members described above and one full-time student
23member, and 15 voting members beginning with the 2021-2022
24school year, the 12 voting members described above and 3
25full-time student members, appointed as provided in subsection
26(m) below. In each attendance center enrolling students in 7th

 

 

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1and 8th grade, one full-time student member shall be appointed
2as provided in subsection (m) of this Section. In the event
3that the chief executive officer of the Chicago School Reform
4Board of Trustees determines that a local school council is
5not carrying out its financial duties effectively, the chief
6executive officer is authorized to appoint a representative of
7the business community with experience in finance and
8management to serve as an advisor to the local school council
9for the purpose of providing advice and assistance to the
10local school council on fiscal matters. The advisor shall have
11access to relevant financial records of the local school
12council. The advisor may attend executive sessions. The chief
13executive officer shall issue a written policy defining the
14circumstances under which a local school council is not
15carrying out its financial duties effectively.
16    (b) Within 7 days of January 11, 1991, the Mayor shall
17appoint the members and officers (a Chairperson who shall be a
18parent member and a Secretary) of each local school council
19who shall hold their offices until their successors shall be
20elected and qualified. Members so appointed shall have all the
21powers and duties of local school councils as set forth in
22Public Act 86-1477 this amendatory Act of 1991. The Mayor's
23appointments shall not require approval by the City Council.
24    The membership of each local school council shall be
25encouraged to be reflective of the racial and ethnic
26composition of the student population of the attendance center

 

 

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

 

 

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

 

 

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

 

 

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1public places within the attendance boundaries of the
2attendance center and by distributing notices to the pupils at
3the attendance center, and shall utilize such other means as
4it deems necessary to maximize the involvement of all eligible
5voters. Not less than 2 weeks before the election date,
6persons eligible to run for the Council shall submit their
7name, date of birth, social security number, if available, and
8some evidence of eligibility to the Council. The Council shall
9encourage nomination of candidates reflecting the
10racial/ethnic population of the students at the attendance
11center. Each person nominated who runs as a candidate shall
12disclose, in a manner determined by the Board, any economic
13interest held by such person, by such person's spouse or
14children, or by each business entity in which such person has
15an ownership interest, in any contract with the Board, any
16local school council or any public school in the school
17district. Each person nominated who runs as a candidate shall
18also disclose, in a manner determined by the Board, if he or
19she ever has been convicted of any of the offenses specified in
20subsection (c) of Section 34-18.5; provided that neither this
21provision nor any other provision of this Section shall be
22deemed to require the disclosure of any information that is
23contained in any law enforcement record or juvenile court
24record that is confidential or whose accessibility or
25disclosure is restricted or prohibited under Section 5-901 or
265-905 of the Juvenile Court Act of 1987. Failure to make such

 

 

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1disclosure shall render a person ineligible for election or to
2serve on the local school council. The same disclosure shall
3be required of persons under consideration for appointment to
4the Council pursuant to subsections (l) and (m) of this
5Section.
6    (f-5) Notwithstanding disclosure, a person who has been
7convicted of any of the following offenses at any time shall be
8ineligible for election or appointment to a local school
9council and ineligible for appointment to a local school
10council pursuant to subsections (l) and (m) of this Section:
11(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1211-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1311-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1412-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
15Section 11-14.3, of the Criminal Code of 1961 or the Criminal
16Code of 2012, or (ii) any offense committed or attempted in any
17other state or against the laws of the United States, which, if
18committed or attempted in this State, would have been
19punishable as one or more of the foregoing offenses.
20Notwithstanding disclosure, a person who has been convicted of
21any of the following offenses within the 10 years previous to
22the date of nomination or appointment shall be ineligible for
23election or appointment to a local school council: (i) those
24defined in Section 401.1, 405.1, or 405.2 of the Illinois
25Controlled Substances Act or (ii) any offense committed or
26attempted in any other state or against the laws of the United

 

 

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

 

 

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1be declared elected by the Council. In cases of a tie, the
2Council shall determine the winner by lottery lot.
3    (j) The Council shall certify the results of the election
4and shall publish the results in the minutes of the Council.
5    (k) The general superintendent shall resolve any disputes
6concerning election procedure or results and shall ensure
7that, except as provided in subsections (e) and (g), no
8resources of any attendance center shall be used to endorse or
9promote any candidate.
10    (l) Beginning with the first local school council election
11that occurs after the effective date of this amendatory Act of
12the 102nd General Assembly, Beginning with the 1995-1996
13school year and in every even numbered year thereafter, the
14Board shall appoint 2 teacher members to each local school
15council. These appointments shall be made in the following
16manner:
17        (i) The Board shall appoint 2 teachers who are
18    employed and assigned to perform the majority of their
19    employment duties at the attendance center to serve on the
20    local school council of the attendance center for a
21    two-year term coinciding with the terms of the elected
22    parent and community members of that local school council.
23    These appointments shall be made from among those teachers
24    who are nominated in accordance with subsection (f).
25        (ii) A non-binding, advisory poll to ascertain the
26    preferences of the school staff regarding appointments of

 

 

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1    teachers to the local school council for that attendance
2    center shall be conducted in accordance with the
3    procedures used to elect parent and community Council
4    representatives. At such poll, each member of the school
5    staff shall be entitled to indicate his or her preference
6    for up to 2 candidates from among those who submitted
7    statements of candidacy as described above. These
8    preferences shall be advisory only and the Board shall
9    maintain absolute discretion to appoint teacher members to
10    local school councils, irrespective of the preferences
11    expressed in any such poll. Prior to the appointment of
12    staff members to local school councils, the Board shall
13    make public the vetting process of staff member
14    candidates. Any staff member seeking candidacy shall be
15    allowed to make an inquiry to the Board to determine if the
16    Board may deny the appointment of the staff member. An
17    inquiry made to the Board shall be made in writing in
18    accordance with Board procedure.
19        (iii) In the event that a teacher representative is
20    unable to perform his or her employment duties at the
21    school due to illness, disability, leave of absence,
22    disciplinary action, or any other reason, the Board shall
23    declare a temporary vacancy and appoint a replacement
24    teacher representative to serve on the local school
25    council until such time as the teacher member originally
26    appointed pursuant to this subsection (l) resumes service

 

 

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1    at the attendance center or for the remainder of the term.
2    The replacement teacher representative shall be appointed
3    in the same manner and by the same procedures as teacher
4    representatives are appointed in subdivisions (i) and (ii)
5    of this subsection (l).
6    (m) Beginning with the 1995-1996 school year through the
72020-2021 school year, the Board shall appoint one student
8member to each secondary attendance center. Beginning with the
92021-2022 school year and for every school year thereafter,
10the Board shall appoint 3 student members to the local school
11council of each secondary attendance center and one student
12member to the local school council of each attendance center
13enrolling students in 7th and 8th grade. Students enrolled in
14grade 6 or above are eligible to be candidates for a local
15school council. No attendance center enrolling students in 7th
16and 8th grade may have more than one student member, unless the
17attendance center enrolls students in grades 7 through 12, in
18which case the attendance center may have a total of 3 student
19members on the local school council. The Board may establish
20criteria for students to be considered eligible to serve as a
21student member. These appointments shall be made in the
22following manner:
23    (i) Appointments shall be made from among those students
24    who submit statements of candidacy to the principal of the
25    attendance center, such statements to be submitted
26    commencing on the first day of the twentieth week of

 

 

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

 

 

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1    submitted statements of candidacy to the principal of the
2    attendance center during the first 2 weeks of the school
3    year. The principal shall communicate the results of any
4    nonbinding, advisory poll to the Board. These results
5    shall be advisory only, and the Board shall maintain
6    absolute discretion to appoint student members to local
7    school councils, irrespective of the preferences expressed
8    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
15vacancy, except that any teacher or non-teacher staff vacancy
16shall be filled by the Board after considering the preferences
17of the school staff as ascertained through a non-binding
18advisory poll of school staff. In the case of a student
19vacancy, the vacancy shall be filled by the preferences of an
20election poll of students.
21    (p) If less than the specified number of persons is
22elected within each candidate category, the newly elected
23local school council shall appoint eligible persons to serve
24as members of the Council for 2-year two-year terms, as
25provided in subsection (c-5) of Section 34-2.2 of this Code.
26    (q) The Board shall promulgate rules regarding conflicts

 

 

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

 

 

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

 

 

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1member of a local school council as long as he or she is
2employed and assigned to perform a majority of his or her
3duties at the school, provided that if the staff teacher
4representative resigns from employment with the Board or
5voluntarily transfers to another school, the staff member's
6teacher's membership on the local school council and all
7voting rights are terminated immediately as of the date of the
8staff member's teacher's resignation or upon the date of the
9staff member's teacher's voluntary transfer to another school.
10If a staff teacher member of a local school council ceases to
11be eligible to serve on a local school council for any other
12reason, that member shall be removed by the Board subject to a
13hearing, convened pursuant to Board rule, prior to removal.
14    (s) As used in this Section only, "community resident"
15means a person, 17 years of age or older, residing within an
16attendance area served by a school, excluding any person who
17is a parent of a student enrolled in that school; provided that
18with respect to any multi-area school, community resident
19means any person, 17 years of age or older, residing within the
20voting district established for that school pursuant to
21Section 34-2.1c, excluding any person who is a parent of a
22student enrolled in that school. This definition does not
23apply to any provisions concerning school boards.
24(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
25102-538, eff. 8-20-21; revised 10-18-21.)
 

 

 

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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 councils -
3Manner of operation.
4    (a) The annual organizational meeting of each local school
5council shall be held at the attendance center or via
6videoconference or teleconference if guidance from the
7Department of Public Health or Centers for Disease Control and
8Prevention limits the size of in-person meetings at the time
9of the meeting. At the annual organization meeting, which
10shall be held no sooner than July 1 and no later than July 14,
11a parent member of the local school council shall be selected
12by the members of such council as its chairperson, and a
13secretary shall be selected by the members of such council
14from among their number, each to serve a term of one year.
15However, an organizational meeting held by members elected to
16a local school council under subsection (c-5) of Section
1734-2.1 may be held no sooner than January 11, 2021 and no later
18than January 31, 2021. Whenever a vacancy in the office of
19chairperson or secretary of a local school council shall
20occur, a new chairperson (who shall be a parent member) or
21secretary, as the case may be, shall be elected by the members
22of the local school council from among their number to serve as
23such chairperson or secretary for the unexpired term of office
24in which the vacancy occurs. At each annual organizational
25meeting, the time and place of any regular meetings of the
26local school council shall be fixed. Special meetings of the

 

 

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1local school council may be called by the chairperson or by any
24 members from an attendance center enrolling students up to
3grade 8 or any 5 members from a secondary attendance center or
4an attendance center enrolling students in grades 7 through
512, by giving notice thereof in writing, specifying the time,
6place and purpose of the meeting. Public notice of meetings
7shall also be given in accordance with the Open Meetings Act.
8    (b) Members and officers of the local school council shall
9serve without compensation and without reimbursement of any
10expenses incurred in the performance of their duties, except
11that the board of education may by rule establish a procedure
12and thereunder provide for reimbursement of members and
13officers of local school councils for such of their reasonable
14and necessary expenses (excluding any lodging or meal
15expenses) incurred in the performance of their duties as the
16board may deem appropriate.
17    (c) A majority of the full membership of the local school
18council shall constitute a quorum, except as provided in
19subsection (c-5), and whenever a vote is taken on any measure
20before the local school council, a quorum being present, the
21affirmative vote of a majority of the votes of the full
22membership then serving of the local school council shall
23determine the outcome thereof; provided that whenever the
24measure before the local school council is (i) the evaluation
25of the principal, or (ii) the renewal of his or her performance
26contract or the inclusion of any provision or modification of

 

 

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1the contract, or (iii) the direct selection by the local
2school council of a new principal (including a new principal
3to fill a vacancy) to serve under a 4 year performance
4contract, or (iv) the determination of the names of candidates
5to be submitted to the general superintendent for the position
6of principal, the principal and any student members of a local
7high school council shall not be counted for purposes of
8determining whether a quorum is present to act on the measure
9and shall have no vote thereon; and provided further that 7
10affirmative votes of the local school council shall be
11required for the direct selection by the local school council
12of a new principal to serve under a 4 year performance contract
13but not for the renewal of a principal's performance contract.
14    (c-5) If the number of members serving on a the local
15school council at an attendance center enrolling students
16through the 8th grade falls below 7 members due to vacancies,
17then 4 serving members of whom at least 2 are parent or
18community elected members of the local school council shall
19constitute a quorum for the sole purpose of convening a
20meeting to fill vacancies through appointments in accordance
21with the process set forth in Section 34-2.1 of this Code. If
22the number of members serving on a local school council at a
23secondary attendance center falls below 8 members due to
24vacancies, then 5 serving members of whom at least 2 are parent
25or community members of the local school council shall
26constitute a quorum for the sole purpose of convening a

 

 

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1meeting to fill vacancies through appointments in accordance
2with the process set forth in Section 34-2.1 of this Code. For
3such purposes, the affirmative vote of a majority of those
4present shall be required to fill a vacancy through
5appointment by the local school council.
6    (d) Student members of high school councils shall not be
7eligible to vote on personnel matters, including but not
8limited to principal evaluations and contracts and the
9allocation of teaching and staff resources.
10    (e) The local school council of an attendance center which
11provides bilingual education shall be encouraged to provide
12translators at each council meeting to maximize participation
13of parents and the community.
14    (f) Each local school council of an attendance center
15which provides bilingual education shall create a Bilingual
16Advisory Committee or recognize an existing Bilingual Advisory
17Committee as a standing committee. The Chair and a majority of
18the members of the advisory committee shall be parents of
19students in the bilingual education program. The parents on
20the advisory committee shall be selected by parents of
21students in the bilingual education program, and the committee
22shall select a Chair. The advisory committee for each
23secondary attendance center shall include at least one
24full-time bilingual education student. The Bilingual Advisory
25Committee shall serve only in an advisory capacity to the
26local school council.

 

 

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1    (g) Local school councils may utilize the services of an
2arbitration board to resolve intra-council disputes.
3(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
4102-296, eff. 8-6-21; revised 10-18-21.)
 
5    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
6    (Text of Section before amendment by P.A. 102-360)
7    Sec. 34-2.3. Local school councils; powers councils -
8Powers and duties. Each local school council shall have and
9exercise, consistent with the provisions of this Article and
10the powers and duties of the board of education, the following
11powers and duties:
12    1. (A) To annually evaluate the performance of the
13principal of the attendance center using a Board approved
14principal evaluation form, which shall include the evaluation
15of (i) student academic improvement, as defined by the school
16improvement plan, (ii) student absenteeism rates at the
17school, (iii) instructional leadership, (iv) the effective
18implementation of programs, policies, or strategies to improve
19student academic achievement, (v) school management, and (vi)
20any other factors deemed relevant by the local school council,
21including, without limitation, the principal's communication
22skills and ability to create and maintain a student-centered
23learning environment, to develop opportunities for
24professional development, and to encourage parental
25involvement and community partnerships to achieve school

 

 

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1improvement;
2    (B) to determine in the manner provided by subsection (c)
3of Section 34-2.2 and subdivision 1.5 of this Section whether
4the performance contract of the principal shall be renewed;
5and
6    (C) to directly select, in the manner provided by
7subsection (c) of Section 34-2.2, a new principal (including a
8new principal to fill a vacancy) -- without submitting any
9list of candidates for that position to the general
10superintendent as provided in paragraph 2 of this Section --
11to serve under a 4 year performance contract; provided that
12(i) the determination of whether the principal's performance
13contract is to be renewed, based upon the evaluation required
14by subdivision 1.5 of this Section, shall be made no later than
15150 days prior to the expiration of the current
16performance-based contract of the principal, (ii) in cases
17where such performance contract is not renewed -- a direct
18selection of a new principal -- to serve under a 4 year
19performance contract shall be made by the local school council
20no later than 45 days prior to the expiration of the current
21performance contract of the principal, and (iii) a selection
22by the local school council of a new principal to fill a
23vacancy under a 4 year performance contract shall be made
24within 90 days after the date such vacancy occurs. A Council
25shall be required, if requested by the principal, to provide
26in writing the reasons for the council's not renewing the

 

 

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1principal's contract.
2    1.5. The local school council's determination of whether
3to renew the principal's contract shall be based on an
4evaluation to assess the educational and administrative
5progress made at the school during the principal's current
6performance-based contract. The local school council shall
7base its evaluation on (i) student academic improvement, as
8defined by the school improvement plan, (ii) student
9absenteeism rates at the school, (iii) instructional
10leadership, (iv) the effective implementation of programs,
11policies, or strategies to improve student academic
12achievement, (v) school management, and (vi) any other factors
13deemed relevant by the local school council, including,
14without limitation, the principal's communication skills and
15ability to create and maintain a student-centered learning
16environment, to develop opportunities for professional
17development, and to encourage parental involvement and
18community partnerships to achieve school improvement. If a
19local school council fails to renew the performance contract
20of a principal rated by the general superintendent, or his or
21her designee, in the previous years' evaluations as meeting or
22exceeding expectations, the principal, within 15 days after
23the local school council's decision not to renew the contract,
24may request a review of the local school council's principal
25non-retention decision by a hearing officer appointed by the
26American Arbitration Association. A local school council

 

 

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1member or members or the general superintendent may support
2the principal's request for review. During the period of the
3hearing officer's review of the local school council's
4decision on whether or not to retain the principal, the local
5school council shall maintain all authority to search for and
6contract with a person to serve as interim or acting
7principal, or as the principal of the attendance center under
8a 4-year performance contract, provided that any performance
9contract entered into by the local school council shall be
10voidable or modified in accordance with the decision of the
11hearing officer. The principal may request review only once
12while at that attendance center. If a local school council
13renews the contract of a principal who failed to obtain a
14rating of "meets" or "exceeds expectations" in the general
15superintendent's evaluation for the previous year, the general
16superintendent, within 15 days after the local school
17council's decision to renew the contract, may request a review
18of the local school council's principal retention decision by
19a hearing officer appointed by the American Arbitration
20Association. The general superintendent may request a review
21only once for that principal at that attendance center. All
22requests to review the retention or non-retention of a
23principal shall be submitted to the general superintendent,
24who shall, in turn, forward such requests, within 14 days of
25receipt, to the American Arbitration Association. The general
26superintendent shall send a contemporaneous copy of the

 

 

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1request that was forwarded to the American Arbitration
2Association to the principal and to each local school council
3member and shall inform the local school council of its rights
4and responsibilities under the arbitration process, including
5the local school council's right to representation and the
6manner and process by which the Board shall pay the costs of
7the council's representation. If the local school council
8retains the principal and the general superintendent requests
9a review of the retention decision, the local school council
10and the general superintendent shall be considered parties to
11the arbitration, a hearing officer shall be chosen between
12those 2 parties pursuant to procedures promulgated by the
13State Board of Education, and the principal may retain counsel
14and participate in the arbitration. If the local school
15council does not retain the principal and the principal
16requests a review of the retention decision, the local school
17council and the principal shall be considered parties to the
18arbitration and a hearing officer shall be chosen between
19those 2 parties pursuant to procedures promulgated by the
20State Board of Education. The hearing shall begin (i) within
2145 days after the initial request for review is submitted by
22the principal to the general superintendent or (ii) if the
23initial request for review is made by the general
24superintendent, within 45 days after that request is mailed to
25the American Arbitration Association. The hearing officer
26shall render a decision within 45 days after the hearing

 

 

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1begins and within 90 days after the initial request for
2review. The Board shall contract with the American Arbitration
3Association for all of the hearing officer's reasonable and
4necessary costs. In addition, the Board shall pay any
5reasonable costs incurred by a local school council for
6representation before a hearing officer.
7    1.10. The hearing officer shall conduct a hearing, which
8shall include (i) a review of the principal's performance,
9evaluations, and other evidence of the principal's service at
10the school, (ii) reasons provided by the local school council
11for its decision, and (iii) documentation evidencing views of
12interested persons, including, without limitation, students,
13parents, local school council members, school faculty and
14staff, the principal, the general superintendent or his or her
15designee, and members of the community. The burden of proof in
16establishing that the local school council's decision was
17arbitrary and capricious shall be on the party requesting the
18arbitration, and this party shall sustain the burden by a
19preponderance of the evidence. The hearing officer shall set
20the local school council decision aside if that decision, in
21light of the record developed at the hearing, is arbitrary and
22capricious. The decision of the hearing officer may not be
23appealed to the Board or the State Board of Education. If the
24hearing officer decides that the principal shall be retained,
25the retention period shall not exceed 2 years.
26    2. In the event (i) the local school council does not renew

 

 

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1the performance contract of the principal, or the principal
2fails to receive a satisfactory rating as provided in
3subsection (h) of Section 34-8.3, or the principal is removed
4for cause during the term of his or her performance contract in
5the manner provided by Section 34-85, or a vacancy in the
6position of principal otherwise occurs prior to the expiration
7of the term of a principal's performance contract, and (ii)
8the local school council fails to directly select a new
9principal to serve under a 4 year performance contract, the
10local school council in such event shall submit to the general
11superintendent a list of 3 candidates -- listed in the local
12school council's order of preference -- for the position of
13principal, one of which shall be selected by the general
14superintendent to serve as principal of the attendance center.
15If the general superintendent fails or refuses to select one
16of the candidates on the list to serve as principal within 30
17days after being furnished with the candidate list, the
18general superintendent shall select and place a principal on
19an interim basis (i) for a period not to exceed one year or
20(ii) until the local school council selects a new principal
21with 7 affirmative votes as provided in subsection (c) of
22Section 34-2.2, whichever occurs first. If the local school
23council fails or refuses to select and appoint a new
24principal, as specified by subsection (c) of Section 34-2.2,
25the general superintendent may select and appoint a new
26principal on an interim basis for an additional year or until a

 

 

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1new contract principal is selected by the local school
2council. There shall be no discrimination on the basis of
3race, sex, creed, color or disability unrelated to ability to
4perform in connection with the submission of candidates for,
5and the selection of a candidate to serve as principal of an
6attendance center. No person shall be directly selected,
7listed as a candidate for, or selected to serve as principal of
8an attendance center (i) if such person has been removed for
9cause from employment by the Board or (ii) if such person does
10not hold a valid administrative certificate issued or
11exchanged under Article 21 and endorsed as required by that
12Article for the position of principal. A principal whose
13performance contract is not renewed as provided under
14subsection (c) of Section 34-2.2 may nevertheless, if
15otherwise qualified and certified as herein provided and if he
16or she has received a satisfactory rating as provided in
17subsection (h) of Section 34-8.3, be included by a local
18school council as one of the 3 candidates listed in order of
19preference on any candidate list from which one person is to be
20selected to serve as principal of the attendance center under
21a new performance contract. The initial candidate list
22required to be submitted by a local school council to the
23general superintendent in cases where the local school council
24does not renew the performance contract of its principal and
25does not directly select a new principal to serve under a 4
26year performance contract shall be submitted not later than 30

 

 

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1days prior to the expiration of the current performance
2contract. In cases where the local school council fails or
3refuses to submit the candidate list to the general
4superintendent no later than 30 days prior to the expiration
5of the incumbent principal's contract, the general
6superintendent may appoint a principal on an interim basis for
7a period not to exceed one year, during which time the local
8school council shall be able to select a new principal with 7
9affirmative votes as provided in subsection (c) of Section
1034-2.2. In cases where a principal is removed for cause or a
11vacancy otherwise occurs in the position of principal and the
12vacancy is not filled by direct selection by the local school
13council, the candidate list shall be submitted by the local
14school council to the general superintendent within 90 days
15after the date such removal or vacancy occurs. In cases where
16the local school council fails or refuses to submit the
17candidate list to the general superintendent within 90 days
18after the date of the vacancy, the general superintendent may
19appoint a principal on an interim basis for a period of one
20year, during which time the local school council shall be able
21to select a new principal with 7 affirmative votes as provided
22in subsection (c) of Section 34-2.2.
23    2.5. Whenever a vacancy in the office of a principal
24occurs for any reason, the vacancy shall be filled in the
25manner provided by this Section by the selection of a new
26principal to serve under a 4 year performance contract.

 

 

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1    3. To establish additional criteria to be included as part
2of the performance contract of its principal, provided that
3such additional criteria shall not discriminate on the basis
4of race, sex, creed, color or disability unrelated to ability
5to perform, and shall not be inconsistent with the uniform 4
6year performance contract for principals developed by the
7board as provided in Section 34-8.1 of the School Code or with
8other provisions of this Article governing the authority and
9responsibility of principals.
10    4. To approve the expenditure plan prepared by the
11principal with respect to all funds allocated and distributed
12to the attendance center by the Board. The expenditure plan
13shall be administered by the principal. Notwithstanding any
14other provision of this Act or any other law, any expenditure
15plan approved and administered under this Section 34-2.3 shall
16be consistent with and subject to the terms of any contract for
17services with a third party entered into by the Chicago School
18Reform Board of Trustees or the board under this Act.
19    Via a supermajority vote of 8 7 members of a the local
20school council enrolling students through the 8th grade or 9 8
21members of a high school local school council at a secondary
22attendance center or an attendance center enrolling students
23in grades 7 through 12, the Council may transfer allocations
24pursuant to Section 34-2.3 within funds; provided that such a
25transfer is consistent with applicable law and collective
26bargaining agreements.

 

 

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1    Beginning in fiscal year 1991 and in each fiscal year
2thereafter, the Board may reserve up to 1% of its total fiscal
3year budget for distribution on a prioritized basis to schools
4throughout the school system in order to assure adequate
5programs to meet the needs of special student populations as
6determined by the Board. This distribution shall take into
7account the needs catalogued in the Systemwide Plan and the
8various local school improvement plans of the local school
9councils. Information about these centrally funded programs
10shall be distributed to the local school councils so that
11their subsequent planning and programming will account for
12these provisions.
13    Beginning in fiscal year 1991 and in each fiscal year
14thereafter, from other amounts available in the applicable
15fiscal year budget, the board shall allocate a lump sum amount
16to each local school based upon such formula as the board shall
17determine taking into account the special needs of the student
18body. The local school principal shall develop an expenditure
19plan in consultation with the local school council, the
20professional personnel leadership committee and with all other
21school personnel, which reflects the priorities and activities
22as described in the school's local school improvement plan and
23is consistent with applicable law and collective bargaining
24agreements and with board policies and standards; however, the
25local school council shall have the right to request waivers
26of board policy from the board of education and waivers of

 

 

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1employee collective bargaining agreements pursuant to Section
234-8.1a.
3    The expenditure plan developed by the principal with
4respect to amounts available from the fund for prioritized
5special needs programs and the allocated lump sum amount must
6be approved by the local school council.
7    The lump sum allocation shall take into account the
8following principles:
9        a. Teachers: Each school shall be allocated funds
10    equal to the amount appropriated in the previous school
11    year for compensation for teachers (regular grades
12    kindergarten through 12th grade) plus whatever increases
13    in compensation have been negotiated contractually or
14    through longevity as provided in the negotiated agreement.
15    Adjustments shall be made due to layoff or reduction in
16    force, lack of funds or work, change in subject
17    requirements, enrollment changes, or contracts with third
18    parties for the performance of services or to rectify any
19    inconsistencies with system-wide allocation formulas or
20    for other legitimate reasons.
21        b. Other personnel: Funds for other teacher
22    certificated and uncertificated personnel paid through
23    non-categorical funds shall be provided according to
24    system-wide formulas based on student enrollment and the
25    special needs of the school as determined by the Board.
26        c. Non-compensation items: Appropriations for all

 

 

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1    non-compensation items shall be based on system-wide
2    formulas based on student enrollment and on the special
3    needs of the school or factors related to the physical
4    plant, including but not limited to textbooks, electronic
5    textbooks and the technological equipment necessary to
6    gain access to and use electronic textbooks, supplies,
7    electricity, equipment, and routine maintenance.
8        d. Funds for categorical programs: Schools shall
9    receive personnel and funds based on, and shall use such
10    personnel and funds in accordance with State and Federal
11    requirements applicable to each categorical program
12    provided to meet the special needs of the student body
13    (including but not limited to, Federal Chapter I,
14    Bilingual, and Special Education).
15        d.1. Funds for State Title I: Each school shall
16    receive funds based on State and Board requirements
17    applicable to each State Title I pupil provided to meet
18    the special needs of the student body. Each school shall
19    receive the proportion of funds as provided in Section
20    18-8 or 18-8.15 to which they are entitled. These funds
21    shall be spent only with the budgetary approval of the
22    Local School Council as provided in Section 34-2.3.
23        e. The Local School Council shall have the right to
24    request the principal to close positions and open new ones
25    consistent with the provisions of the local school
26    improvement plan provided that these decisions are

 

 

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1    consistent with applicable law and collective bargaining
2    agreements. If a position is closed, pursuant to this
3    paragraph, the local school shall have for its use the
4    system-wide average compensation for the closed position.
5        f. Operating within existing laws and collective
6    bargaining agreements, the local school council shall have
7    the right to direct the principal to shift expenditures
8    within funds.
9        g. (Blank).
10    Any funds unexpended at the end of the fiscal year shall be
11available to the board of education for use as part of its
12budget for the following fiscal year.
13    5. To make recommendations to the principal concerning
14textbook selection and concerning curriculum developed
15pursuant to the school improvement plan which is consistent
16with systemwide curriculum objectives in accordance with
17Sections 34-8 and 34-18 of the School Code and in conformity
18with the collective bargaining agreement.
19    6. To advise the principal concerning the attendance and
20disciplinary policies for the attendance center, subject to
21the provisions of this Article and Article 26, and consistent
22with the uniform system of discipline established by the board
23pursuant to Section 34-19.
24    7. To approve a school improvement plan developed as
25provided in Section 34-2.4. The process and schedule for plan
26development shall be publicized to the entire school

 

 

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1community, and the community shall be afforded the opportunity
2to make recommendations concerning the plan. At least twice a
3year the principal and local school council shall report
4publicly on progress and problems with respect to plan
5implementation.
6    8. To evaluate the allocation of teaching resources and
7other certificated and uncertificated staff to the attendance
8center to determine whether such allocation is consistent with
9and in furtherance of instructional objectives and school
10programs reflective of the school improvement plan adopted for
11the attendance center; and to make recommendations to the
12board, the general superintendent and the principal concerning
13any reallocation of teaching resources or other staff whenever
14the council determines that any such reallocation is
15appropriate because the qualifications of any existing staff
16at the attendance center do not adequately match or support
17instructional objectives or school programs which reflect the
18school improvement plan.
19    9. To make recommendations to the principal and the
20general superintendent concerning their respective
21appointments, after August 31, 1989, and in the manner
22provided by Section 34-8 and Section 34-8.1, of persons to
23fill any vacant, additional or newly created positions for
24teachers at the attendance center or at attendance centers
25which include the attendance center served by the local school
26council.

 

 

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1    10. To request of the Board the manner in which training
2and assistance shall be provided to the local school council.
3Pursuant to Board guidelines a local school council is
4authorized to direct the Board of Education to contract with
5personnel or not-for-profit organizations not associated with
6the school district to train or assist council members. If
7training or assistance is provided by contract with personnel
8or organizations not associated with the school district, the
9period of training or assistance shall not exceed 30 hours
10during a given school year; person shall not be employed on a
11continuous basis longer than said period and shall not have
12been employed by the Chicago Board of Education within the
13preceding six months. Council members shall receive training
14in at least the following areas:
15        1. school budgets;
16        2. educational theory pertinent to the attendance
17    center's particular needs, including the development of
18    the school improvement plan and the principal's
19    performance contract; and
20        3. personnel selection.
21Council members shall, to the greatest extent possible,
22complete such training within 90 days of election.
23    11. In accordance with systemwide guidelines contained in
24the System-Wide Educational Reform Goals and Objectives Plan,
25criteria for evaluation of performance shall be established
26for local school councils and local school council members. If

 

 

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1a local school council persists in noncompliance with
2systemwide requirements, the Board may impose sanctions and
3take necessary corrective action, consistent with Section
434-8.3.
5    12. Each local school council shall comply with the Open
6Meetings Act and the Freedom of Information Act. Each local
7school council shall issue and transmit to its school
8community a detailed annual report accounting for its
9activities programmatically and financially. Each local school
10council shall convene at least 2 well-publicized meetings
11annually with its entire school community. These meetings
12shall include presentation of the proposed local school
13improvement plan, of the proposed school expenditure plan, and
14the annual report, and shall provide an opportunity for public
15comment.
16    13. Each local school council is encouraged to involve
17additional non-voting members of the school community in
18facilitating the council's exercise of its responsibilities.
19    14. The local school council may adopt a school uniform or
20dress code policy that governs the attendance center and that
21is necessary to maintain the orderly process of a school
22function or prevent endangerment of student health or safety,
23consistent with the policies and rules of the Board of
24Education. A school uniform or dress code policy adopted by a
25local school council: (i) shall not be applied in such manner
26as to discipline or deny attendance to a transfer student or

 

 

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1any other student for noncompliance with that policy during
2such period of time as is reasonably necessary to enable the
3student to acquire a school uniform or otherwise comply with
4the dress code policy that is in effect at the attendance
5center into which the student's enrollment is transferred; and
6(ii) shall include criteria and procedures under which the
7local school council will accommodate the needs of or
8otherwise provide appropriate resources to assist a student
9from an indigent family in complying with an applicable school
10uniform or dress code policy. A student whose parents or legal
11guardians object on religious grounds to the student's
12compliance with an applicable school uniform or dress code
13policy shall not be required to comply with that policy if the
14student's parents or legal guardians present to the local
15school council a signed statement of objection detailing the
16grounds for the objection.
17    15. All decisions made and actions taken by the local
18school council in the exercise of its powers and duties shall
19comply with State and federal laws, all applicable collective
20bargaining agreements, court orders and rules properly
21promulgated by the Board.
22    15a. To grant, in accordance with board rules and
23policies, the use of assembly halls and classrooms when not
24otherwise needed, including lighting, heat, and attendants,
25for public lectures, concerts, and other educational and
26social activities.

 

 

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1    15b. To approve, in accordance with board rules and
2policies, receipts and expenditures for all internal accounts
3of the attendance center, and to approve all fund-raising
4activities by nonschool organizations that use the school
5building.
6    16. (Blank).
7    17. Names and addresses of local school council members
8shall be a matter of public record.
9(Source: P.A. 100-465, eff. 8-31-17.)
 
10    (Text of Section after amendment by P.A. 102-360)
11    Sec. 34-2.3. Local school councils; powers councils -
12Powers and duties. Each local school council shall have and
13exercise, consistent with the provisions of this Article and
14the powers and duties of the board of education, the following
15powers and duties:
16    1. (A) To annually evaluate the performance of the
17principal of the attendance center using a Board approved
18principal evaluation form, which shall include the evaluation
19of (i) student academic improvement, as defined by the school
20improvement plan, (ii) student absenteeism rates at the
21school, (iii) instructional leadership, (iv) the effective
22implementation of programs, policies, or strategies to improve
23student academic achievement, (v) school management, and (vi)
24any other factors deemed relevant by the local school council,
25including, without limitation, the principal's communication

 

 

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1skills and ability to create and maintain a student-centered
2learning environment, to develop opportunities for
3professional development, and to encourage parental
4involvement and community partnerships to achieve school
5improvement;
6    (B) to determine in the manner provided by subsection (c)
7of Section 34-2.2 and subdivision 1.5 of this Section whether
8the performance contract of the principal shall be renewed;
9and
10    (C) to directly select, in the manner provided by
11subsection (c) of Section 34-2.2, a new principal (including a
12new principal to fill a vacancy) -- without submitting any
13list of candidates for that position to the general
14superintendent as provided in paragraph 2 of this Section --
15to serve under a 4 year performance contract; provided that
16(i) the determination of whether the principal's performance
17contract is to be renewed, based upon the evaluation required
18by subdivision 1.5 of this Section, shall be made no later than
19150 days prior to the expiration of the current
20performance-based contract of the principal, (ii) in cases
21where such performance contract is not renewed -- a direct
22selection of a new principal -- to serve under a 4 year
23performance contract shall be made by the local school council
24no later than 45 days prior to the expiration of the current
25performance contract of the principal, and (iii) a selection
26by the local school council of a new principal to fill a

 

 

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1vacancy under a 4 year performance contract shall be made
2within 90 days after the date such vacancy occurs. A Council
3shall be required, if requested by the principal, to provide
4in writing the reasons for the council's not renewing the
5principal's contract.
6    1.5. The local school council's determination of whether
7to renew the principal's contract shall be based on an
8evaluation to assess the educational and administrative
9progress made at the school during the principal's current
10performance-based contract. The local school council shall
11base its evaluation on (i) student academic improvement, as
12defined by the school improvement plan, (ii) student
13absenteeism rates at the school, (iii) instructional
14leadership, (iv) the effective implementation of programs,
15policies, or strategies to improve student academic
16achievement, (v) school management, and (vi) any other factors
17deemed relevant by the local school council, including,
18without limitation, the principal's communication skills and
19ability to create and maintain a student-centered learning
20environment, to develop opportunities for professional
21development, and to encourage parental involvement and
22community partnerships to achieve school improvement. If a
23local school council fails to renew the performance contract
24of a principal rated by the general superintendent, or his or
25her designee, in the previous years' evaluations as meeting or
26exceeding expectations, the principal, within 15 days after

 

 

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1the local school council's decision not to renew the contract,
2may request a review of the local school council's principal
3non-retention decision by a hearing officer appointed by the
4American Arbitration Association. A local school council
5member or members or the general superintendent may support
6the principal's request for review. During the period of the
7hearing officer's review of the local school council's
8decision on whether or not to retain the principal, the local
9school council shall maintain all authority to search for and
10contract with a person to serve as interim or acting
11principal, or as the principal of the attendance center under
12a 4-year performance contract, provided that any performance
13contract entered into by the local school council shall be
14voidable or modified in accordance with the decision of the
15hearing officer. The principal may request review only once
16while at that attendance center. If a local school council
17renews the contract of a principal who failed to obtain a
18rating of "meets" or "exceeds expectations" in the general
19superintendent's evaluation for the previous year, the general
20superintendent, within 15 days after the local school
21council's decision to renew the contract, may request a review
22of the local school council's principal retention decision by
23a hearing officer appointed by the American Arbitration
24Association. The general superintendent may request a review
25only once for that principal at that attendance center. All
26requests to review the retention or non-retention of a

 

 

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1principal shall be submitted to the general superintendent,
2who shall, in turn, forward such requests, within 14 days of
3receipt, to the American Arbitration Association. The general
4superintendent shall send a contemporaneous copy of the
5request that was forwarded to the American Arbitration
6Association to the principal and to each local school council
7member and shall inform the local school council of its rights
8and responsibilities under the arbitration process, including
9the local school council's right to representation and the
10manner and process by which the Board shall pay the costs of
11the council's representation. If the local school council
12retains the principal and the general superintendent requests
13a review of the retention decision, the local school council
14and the general superintendent shall be considered parties to
15the arbitration, a hearing officer shall be chosen between
16those 2 parties pursuant to procedures promulgated by the
17State Board of Education, and the principal may retain counsel
18and participate in the arbitration. If the local school
19council does not retain the principal and the principal
20requests a review of the retention decision, the local school
21council and the principal shall be considered parties to the
22arbitration and a hearing officer shall be chosen between
23those 2 parties pursuant to procedures promulgated by the
24State Board of Education. The hearing shall begin (i) within
2545 days after the initial request for review is submitted by
26the principal to the general superintendent or (ii) if the

 

 

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1initial request for review is made by the general
2superintendent, within 45 days after that request is mailed to
3the American Arbitration Association. The hearing officer
4shall render a decision within 45 days after the hearing
5begins and within 90 days after the initial request for
6review. The Board shall contract with the American Arbitration
7Association for all of the hearing officer's reasonable and
8necessary costs. In addition, the Board shall pay any
9reasonable costs incurred by a local school council for
10representation before a hearing officer.
11    1.10. The hearing officer shall conduct a hearing, which
12shall include (i) a review of the principal's performance,
13evaluations, and other evidence of the principal's service at
14the school, (ii) reasons provided by the local school council
15for its decision, and (iii) documentation evidencing views of
16interested persons, including, without limitation, students,
17parents, local school council members, school faculty and
18staff, the principal, the general superintendent or his or her
19designee, and members of the community. The burden of proof in
20establishing that the local school council's decision was
21arbitrary and capricious shall be on the party requesting the
22arbitration, and this party shall sustain the burden by a
23preponderance of the evidence. The hearing officer shall set
24the local school council decision aside if that decision, in
25light of the record developed at the hearing, is arbitrary and
26capricious. The decision of the hearing officer may not be

 

 

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1appealed to the Board or the State Board of Education. If the
2hearing officer decides that the principal shall be retained,
3the retention period shall not exceed 2 years.
4    2. In the event (i) the local school council does not renew
5the performance contract of the principal, or the principal
6fails to receive a satisfactory rating as provided in
7subsection (h) of Section 34-8.3, or the principal is removed
8for cause during the term of his or her performance contract in
9the manner provided by Section 34-85, or a vacancy in the
10position of principal otherwise occurs prior to the expiration
11of the term of a principal's performance contract, and (ii)
12the local school council fails to directly select a new
13principal to serve under a 4 year performance contract, the
14local school council in such event shall submit to the general
15superintendent a list of 3 candidates -- listed in the local
16school council's order of preference -- for the position of
17principal, one of which shall be selected by the general
18superintendent to serve as principal of the attendance center.
19If the general superintendent fails or refuses to select one
20of the candidates on the list to serve as principal within 30
21days after being furnished with the candidate list, the
22general superintendent shall select and place a principal on
23an interim basis (i) for a period not to exceed one year or
24(ii) until the local school council selects a new principal
25with 7 affirmative votes as provided in subsection (c) of
26Section 34-2.2, whichever occurs first. If the local school

 

 

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1council fails or refuses to select and appoint a new
2principal, as specified by subsection (c) of Section 34-2.2,
3the general superintendent may select and appoint a new
4principal on an interim basis for an additional year or until a
5new contract principal is selected by the local school
6council. There shall be no discrimination on the basis of
7race, sex, creed, color or disability unrelated to ability to
8perform in connection with the submission of candidates for,
9and the selection of a candidate to serve as principal of an
10attendance center. No person shall be directly selected,
11listed as a candidate for, or selected to serve as principal of
12an attendance center (i) if such person has been removed for
13cause from employment by the Board or (ii) if such person does
14not hold a valid administrative certificate issued or
15exchanged under Article 21 and endorsed as required by that
16Article for the position of principal. A principal whose
17performance contract is not renewed as provided under
18subsection (c) of Section 34-2.2 may nevertheless, if
19otherwise qualified and certified as herein provided and if he
20or she has received a satisfactory rating as provided in
21subsection (h) of Section 34-8.3, be included by a local
22school council as one of the 3 candidates listed in order of
23preference on any candidate list from which one person is to be
24selected to serve as principal of the attendance center under
25a new performance contract. The initial candidate list
26required to be submitted by a local school council to the

 

 

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1general superintendent in cases where the local school council
2does not renew the performance contract of its principal and
3does not directly select a new principal to serve under a 4
4year performance contract shall be submitted not later than 30
5days prior to the expiration of the current performance
6contract. In cases where the local school council fails or
7refuses to submit the candidate list to the general
8superintendent no later than 30 days prior to the expiration
9of the incumbent principal's contract, the general
10superintendent may appoint a principal on an interim basis for
11a period not to exceed one year, during which time the local
12school council shall be able to select a new principal with 7
13affirmative votes as provided in subsection (c) of Section
1434-2.2. In cases where a principal is removed for cause or a
15vacancy otherwise occurs in the position of principal and the
16vacancy is not filled by direct selection by the local school
17council, the candidate list shall be submitted by the local
18school council to the general superintendent within 90 days
19after the date such removal or vacancy occurs. In cases where
20the local school council fails or refuses to submit the
21candidate list to the general superintendent within 90 days
22after the date of the vacancy, the general superintendent may
23appoint a principal on an interim basis for a period of one
24year, during which time the local school council shall be able
25to select a new principal with 7 affirmative votes as provided
26in subsection (c) of Section 34-2.2.

 

 

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1    2.5. Whenever a vacancy in the office of a principal
2occurs for any reason, the vacancy shall be filled in the
3manner provided by this Section by the selection of a new
4principal to serve under a 4 year performance contract.
5    3. To establish additional criteria to be included as part
6of the performance contract of its principal, provided that
7such additional criteria shall not discriminate on the basis
8of race, sex, creed, color or disability unrelated to ability
9to perform, and shall not be inconsistent with the uniform 4
10year performance contract for principals developed by the
11board as provided in Section 34-8.1 of the School Code or with
12other provisions of this Article governing the authority and
13responsibility of principals.
14    4. To approve the expenditure plan prepared by the
15principal with respect to all funds allocated and distributed
16to the attendance center by the Board. The expenditure plan
17shall be administered by the principal. Notwithstanding any
18other provision of this Act or any other law, any expenditure
19plan approved and administered under this Section 34-2.3 shall
20be consistent with and subject to the terms of any contract for
21services with a third party entered into by the Chicago School
22Reform Board of Trustees or the board under this Act.
23    Via a supermajority vote of 8 7 members of a the local
24school council enrolling students through the 8th grade or 9 8
25members of a high school local school council at a secondary
26attendance center or an attendance center enrolling students

 

 

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1in grades 7 through 12, the Council may transfer allocations
2pursuant to Section 34-2.3 within funds; provided that such a
3transfer is consistent with applicable law and collective
4bargaining agreements.
5    Beginning in fiscal year 1991 and in each fiscal year
6thereafter, the Board may reserve up to 1% of its total fiscal
7year budget for distribution on a prioritized basis to schools
8throughout the school system in order to assure adequate
9programs to meet the needs of special student populations as
10determined by the Board. This distribution shall take into
11account the needs catalogued in the Systemwide Plan and the
12various local school improvement plans of the local school
13councils. Information about these centrally funded programs
14shall be distributed to the local school councils so that
15their subsequent planning and programming will account for
16these provisions.
17    Beginning in fiscal year 1991 and in each fiscal year
18thereafter, from other amounts available in the applicable
19fiscal year budget, the board shall allocate a lump sum amount
20to each local school based upon such formula as the board shall
21determine taking into account the special needs of the student
22body. The local school principal shall develop an expenditure
23plan in consultation with the local school council, the
24professional personnel leadership committee and with all other
25school personnel, which reflects the priorities and activities
26as described in the school's local school improvement plan and

 

 

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1is consistent with applicable law and collective bargaining
2agreements and with board policies and standards; however, the
3local school council shall have the right to request waivers
4of board policy from the board of education and waivers of
5employee collective bargaining agreements pursuant to Section
634-8.1a.
7    The expenditure plan developed by the principal with
8respect to amounts available from the fund for prioritized
9special needs programs and the allocated lump sum amount must
10be approved by the local school council.
11    The lump sum allocation shall take into account the
12following principles:
13        a. Teachers: Each school shall be allocated funds
14    equal to the amount appropriated in the previous school
15    year for compensation for teachers (regular grades
16    kindergarten through 12th grade) plus whatever increases
17    in compensation have been negotiated contractually or
18    through longevity as provided in the negotiated agreement.
19    Adjustments shall be made due to layoff or reduction in
20    force, lack of funds or work, change in subject
21    requirements, enrollment changes, or contracts with third
22    parties for the performance of services or to rectify any
23    inconsistencies with system-wide allocation formulas or
24    for other legitimate reasons.
25        b. Other personnel: Funds for other teacher
26    certificated and uncertificated personnel paid through

 

 

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1    non-categorical funds shall be provided according to
2    system-wide formulas based on student enrollment and the
3    special needs of the school as determined by the Board.
4        c. Non-compensation items: Appropriations for all
5    non-compensation items shall be based on system-wide
6    formulas based on student enrollment and on the special
7    needs of the school or factors related to the physical
8    plant, including but not limited to textbooks, electronic
9    textbooks and the technological equipment necessary to
10    gain access to and use electronic textbooks, supplies,
11    electricity, equipment, and routine maintenance.
12        d. Funds for categorical programs: Schools shall
13    receive personnel and funds based on, and shall use such
14    personnel and funds in accordance with State and Federal
15    requirements applicable to each categorical program
16    provided to meet the special needs of the student body
17    (including but not limited to, Federal Chapter I,
18    Bilingual, and Special Education).
19        d.1. Funds for State Title I: Each school shall
20    receive funds based on State and Board requirements
21    applicable to each State Title I pupil provided to meet
22    the special needs of the student body. Each school shall
23    receive the proportion of funds as provided in Section
24    18-8 or 18-8.15 to which they are entitled. These funds
25    shall be spent only with the budgetary approval of the
26    Local School Council as provided in Section 34-2.3.

 

 

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1        e. The Local School Council shall have the right to
2    request the principal to close positions and open new ones
3    consistent with the provisions of the local school
4    improvement plan provided that these decisions are
5    consistent with applicable law and collective bargaining
6    agreements. If a position is closed, pursuant to this
7    paragraph, the local school shall have for its use the
8    system-wide average compensation for the closed position.
9        f. Operating within existing laws and collective
10    bargaining agreements, the local school council shall have
11    the right to direct the principal to shift expenditures
12    within funds.
13        g. (Blank).
14    Any funds unexpended at the end of the fiscal year shall be
15available to the board of education for use as part of its
16budget for the following fiscal year.
17    5. To make recommendations to the principal concerning
18textbook selection and concerning curriculum developed
19pursuant to the school improvement plan which is consistent
20with systemwide curriculum objectives in accordance with
21Sections 34-8 and 34-18 of the School Code and in conformity
22with the collective bargaining agreement.
23    6. To advise the principal concerning the attendance and
24disciplinary policies for the attendance center, subject to
25the provisions of this Article and Article 26, and consistent
26with the uniform system of discipline established by the board

 

 

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1pursuant to Section 34-19.
2    7. To approve a school improvement plan developed as
3provided in Section 34-2.4. The process and schedule for plan
4development shall be publicized to the entire school
5community, and the community shall be afforded the opportunity
6to make recommendations concerning the plan. At least twice a
7year the principal and local school council shall report
8publicly on progress and problems with respect to plan
9implementation.
10    8. To evaluate the allocation of teaching resources and
11other certificated and uncertificated staff to the attendance
12center to determine whether such allocation is consistent with
13and in furtherance of instructional objectives and school
14programs reflective of the school improvement plan adopted for
15the attendance center; and to make recommendations to the
16board, the general superintendent and the principal concerning
17any reallocation of teaching resources or other staff whenever
18the council determines that any such reallocation is
19appropriate because the qualifications of any existing staff
20at the attendance center do not adequately match or support
21instructional objectives or school programs which reflect the
22school improvement plan.
23    9. To make recommendations to the principal and the
24general superintendent concerning their respective
25appointments, after August 31, 1989, and in the manner
26provided by Section 34-8 and Section 34-8.1, of persons to

 

 

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1fill any vacant, additional or newly created positions for
2teachers at the attendance center or at attendance centers
3which include the attendance center served by the local school
4council.
5    10. To request of the Board the manner in which training
6and assistance shall be provided to the local school council.
7Pursuant to Board guidelines a local school council is
8authorized to direct the Board of Education to contract with
9personnel or not-for-profit organizations not associated with
10the school district to train or assist council members. If
11training or assistance is provided by contract with personnel
12or organizations not associated with the school district, the
13period of training or assistance shall not exceed 30 hours
14during a given school year; person shall not be employed on a
15continuous basis longer than said period and shall not have
16been employed by the Chicago Board of Education within the
17preceding six months. Council members shall receive training
18in at least the following areas:
19        1. school budgets;
20        2. educational theory pertinent to the attendance
21    center's particular needs, including the development of
22    the school improvement plan and the principal's
23    performance contract; and
24        3. personnel selection.
25Council members shall, to the greatest extent possible,
26complete such training within 90 days of election.

 

 

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1    11. In accordance with systemwide guidelines contained in
2the System-Wide Educational Reform Goals and Objectives Plan,
3criteria for evaluation of performance shall be established
4for local school councils and local school council members. If
5a local school council persists in noncompliance with
6systemwide requirements, the Board may impose sanctions and
7take necessary corrective action, consistent with Section
834-8.3.
9    12. Each local school council shall comply with the Open
10Meetings Act and the Freedom of Information Act. Each local
11school council shall issue and transmit to its school
12community a detailed annual report accounting for its
13activities programmatically and financially. Each local school
14council shall convene at least 2 well-publicized meetings
15annually with its entire school community. These meetings
16shall include presentation of the proposed local school
17improvement plan, of the proposed school expenditure plan, and
18the annual report, and shall provide an opportunity for public
19comment.
20    13. Each local school council is encouraged to involve
21additional non-voting members of the school community in
22facilitating the council's exercise of its responsibilities.
23    14. The local school council may adopt a school uniform or
24dress code policy that governs the attendance center and that
25is necessary to maintain the orderly process of a school
26function or prevent endangerment of student health or safety,

 

 

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1consistent with the policies and rules of the Board of
2Education. A school uniform or dress code policy adopted by a
3local school council: (i) shall not be applied in such manner
4as to discipline or deny attendance to a transfer student or
5any other student for noncompliance with that policy during
6such period of time as is reasonably necessary to enable the
7student to acquire a school uniform or otherwise comply with
8the dress code policy that is in effect at the attendance
9center into which the student's enrollment is transferred;
10(ii) shall include criteria and procedures under which the
11local school council will accommodate the needs of or
12otherwise provide appropriate resources to assist a student
13from an indigent family in complying with an applicable school
14uniform or dress code policy; and (iii) shall not include or
15apply to hairstyles, including hairstyles historically
16associated with race, ethnicity, or hair texture, including,
17but not limited to, protective hairstyles such as braids,
18locks, and twists. A student whose parents or legal guardians
19object on religious grounds to the student's compliance with
20an applicable school uniform or dress code policy shall not be
21required to comply with that policy if the student's parents
22or legal guardians present to the local school council a
23signed statement of objection detailing the grounds for the
24objection. If a local school council does not comply with the
25requirements and prohibitions set forth in this paragraph 14,
26the attendance center is subject to the penalty imposed

 

 

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1pursuant to subsection (a) of Section 2-3.25.
2    15. All decisions made and actions taken by the local
3school council in the exercise of its powers and duties shall
4comply with State and federal laws, all applicable collective
5bargaining agreements, court orders and rules properly
6promulgated by the Board.
7    15a. To grant, in accordance with board rules and
8policies, the use of assembly halls and classrooms when not
9otherwise needed, including lighting, heat, and attendants,
10for public lectures, concerts, and other educational and
11social activities.
12    15b. To approve, in accordance with board rules and
13policies, receipts and expenditures for all internal accounts
14of the attendance center, and to approve all fund-raising
15activities by nonschool organizations that use the school
16building.
17    16. (Blank).
18    17. Names and addresses of local school council members
19shall be a matter of public record.
20(Source: P.A. 102-360, eff. 1-1-22.)
 
21    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
22    Sec. 34-2.4b. Limitation upon applicability. Beginning
23with the first local school council election that occurs after
24the effective date of this amendatory Act of the 102nd General
25Assembly, the The provisions of Sections 34-2.1, 34-2.2,

 

 

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134-2.3, 34-2.3a, 34-2.4 and 34-8.3, and those provisions of
2paragraph 1 of Section 34-18 and paragraph (c) of Section
334A-201a relating to the allocation or application -- by
4formula or otherwise -- of lump sum amounts and other funds to
5attendance centers, shall not apply to attendance centers that
6have applied for and been designated as a "Small School" by the
7Board, the Cook County Juvenile Detention Center and Cook
8County Jail schools, nor to the district's alternative schools
9for pregnant girls, nor to alternative schools established
10under Article 13A, nor to a contract school, nor to the Michael
11R. Durso School, the Jackson Adult Center, the Hillard Adult
12Center, the Alternative Transitional School, or any other
13attendance center designated by the Board as an alternative
14school, nor to any school established as a teacher training
15academy, nor to any school with a specialty 2-year programming
16model, nor to any school established as a one-year school or
17program, nor to any school with a specialty student focus or
18transient student population, provided that the designation is
19not applied to an attendance center that has in place a legally
20constituted local school council, except for contract
21turnaround schools. The board of education shall have and
22exercise with respect to those schools and with respect to the
23conduct, operation, affairs and budgets of those schools, and
24with respect to the principals, teachers and other school
25staff there employed, the same powers which are exercisable by
26local school councils with respect to the other attendance

 

 

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1centers, principals, teachers and school staff within the
2district, together with all powers and duties generally
3exercisable by the board of education with respect to all
4attendance centers within the district. The board of education
5shall develop appropriate alternative methods for involving
6parents, community members and school staff to the maximum
7extent possible in all of the activities of those schools, and
8may delegate to the parents, community members and school
9staff so involved the same powers which are exercisable by
10local school councils with respect to other attendance
11centers.
12(Source: P.A. 96-105, eff. 7-30-09.)
 
13    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
14    Sec. 34-8.3. Remediation and probation of attendance
15centers.
16    (a) The general superintendent shall monitor the
17performance of the attendance centers within the district and
18shall identify attendance centers, pursuant to criteria that
19the board shall establish, in which:
20        (1) there is a failure to develop, implement, or
21    comply with a school improvement plan;
22        (2) there is a pervasive breakdown in the educational
23    program as indicated by factors, including, but not
24    limited to, the absence of improvement in student reading
25    and math achievement scores, an increased drop-out rate, a

 

 

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1    decreased graduation rate, and a decrease in rate of
2    student attendance;
3        (3) (blank); or
4        (4) there is a failure or refusal to comply with the
5    provisions of this Act, other applicable laws, collective
6    bargaining agreements, court orders, or with Board rules
7    which the Board is authorized to promulgate.
8    (b) If the general superintendent identifies a
9nonperforming school as described herein, he or she shall
10place the attendance center on remediation by developing a
11remediation plan for the center. The purpose of the
12remediation plan shall be to correct the deficiencies in the
13performance of the attendance center by one or more of the
14following methods:
15        (1) drafting a new school improvement plan;
16        (2) applying to the board for additional funding for
17    training for the local school council;
18        (3) directing implementation of a school improvement
19    plan;
20        (4) mediating disputes or other obstacles to reform or
21    improvement at the attendance center.
22    Nothing in this Section removes any authority of the local
23school council, which shall retain the right to reject or
24modify any school improvement plan or implementation thereof,
25as long as the rejection or modification of any school
26improvement plan or implementation thereof is consistent with

 

 

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1State and federal requirements.
2    If, however, the general superintendent determines that
3the problems are not able to be remediated by these methods,
4the general superintendent shall place the attendance center
5on probation. The board shall establish guidelines that
6determine the factors for placing an attendance center on
7probation.
8    (c) Each school placed on probation shall have a school
9improvement plan and school budget for correcting deficiencies
10identified by the board. The plan shall include specific steps
11that the local school council and school staff must take to
12correct identified deficiencies and specific objective
13criteria by which the school's subsequent progress will be
14determined. The school budget shall include specific
15expenditures directly calculated to correct educational and
16operational deficiencies identified at the school by the
17probation team.
18    (d) Schools placed on probation that, after a maximum of
19one year, fail to make adequate progress in correcting
20deficiencies are subject to the following actions by the
21general superintendent with the approval of the board, after
22opportunity for a hearing:
23        (1) Ordering new local school council elections.
24        (2) Removing and replacing the principal.
25        (3) Replacement of faculty members, subject to the
26    provisions of Section 24A-5.

 

 

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1        (4) Reconstitution of the attendance center and
2    replacement and reassignment by the general superintendent
3    of all employees of the attendance center.
4        (5) Intervention under Section 34-8.4.
5        (5.5) Operating an attendance center as a contract
6    turnaround school.
7        (6) Closing of the school.
8    (e) Schools placed on probation shall remain on probation
9from year to year until deficiencies are corrected, even if
10such schools make acceptable annual progress. The board shall
11establish, in writing, criteria for determining whether or not
12a school shall remain on probation. If academic achievement
13tests are used as the factor for placing a school on probation,
14the general superintendent shall consider objective criteria,
15not just an increase in test scores, in deciding whether or not
16a school shall remain on probation. These criteria shall
17include attendance, test scores, student mobility rates,
18poverty rates, bilingual education eligibility, special
19education, and English language proficiency programs, with
20progress made in these areas being taken into consideration in
21deciding whether or not a school shall remain on probation.
22Such criteria shall be delivered to each local school council
23on or before October 31 of each year.
24    (e-5) Notwithstanding any other provision of this Section
25to the contrary, a school that has been on probation for 5
26years or more shall have the following powers restored to its

 

 

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1local school council:
2        (1) to grant approval of the school improvement plan;
3    and
4        (2) to approve the school budget.
5    With respect to the employment, dismissal, and evaluation
6of a school principal, the local school council of a school
7that has been on probation for 5 years or more shall conduct a
8non-binding poll that must be considered by the network chief.
9The network chief shall work collaboratively with the local
10school council throughout the process of employment,
11dismissal, and evaluation of a school principal.
12    (f) Where the board has reason to believe that violations
13of civil rights, or of civil or criminal law have occurred, or
14when the general superintendent deems that the school is in
15educational crisis it may take immediate corrective action,
16including the actions specified in this Section, without first
17placing the school on remediation or probation. Nothing
18described herein shall limit the authority of the board as
19provided by any law of this State. The board shall develop
20criteria governing the determination regarding when a school
21is in educational crisis. Such criteria shall be delivered to
22each local school council on or before October 31 of each year.
23    (g) All persons serving as subdistrict superintendent on
24May 1, 1995 shall be deemed by operation of law to be serving
25under a performance contract which expires on June 30, 1995,
26and the employment of each such person as subdistrict

 

 

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1superintendent shall terminate on June 30, 1995. The board
2shall have no obligation to compensate any such person as a
3subdistrict superintendent after June 30, 1995.
4    (h) The general superintendent shall, in consultation with
5local school councils, conduct an annual evaluation of each
6principal in the district pursuant to guidelines promulgated
7by the Board of Education.
8(Source: P.A. 96-105, eff. 7-30-09.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.