Illinois General Assembly - Full Text of HB4709
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Full Text of HB4709  103rd General Assembly

HB4709 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4709

 

Introduced 2/6/2024, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-24
10 ILCS 5/11-4.1  from Ch. 46, par. 11-4.1
105 ILCS 5/10-20.87 new
105 ILCS 5/22-21  from Ch. 122, par. 22-21
105 ILCS 5/34-2.3  from Ch. 122, par. 34-2.3

    Amends the Election Code. Provides that the county board or board of election commissioners may use public school buildings as polling places only if a school board or a local school council approves the use of that school. Provides that, if the county board or board of election commissioners uses all convenient and available public buildings and determines that a public school building is needed as a polling place, it shall send a written request to use the public school building to the school board or local school council. Sets forth provisions concerning the contents of the request and the response to the request. Amends the School Code. Provides that each school board or local school council shall have the power to approve or deny, in accordance with the school board or local school council's rules and policies, any request of a county board or board of election commissioners to use a school building as a polling place. Makes corresponding changes. Effective immediately.


LRB103 37217 SPS 67336 b

 

 

A BILL FOR

 

HB4709LRB103 37217 SPS 67336 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1-24 and 11-4.1 as follows:
 
6    (10 ILCS 5/1-24)
7    (Section scheduled to be repealed on January 1, 2025)
8    Sec. 1-24. 2024 Election Day State holiday.
9Notwithstanding any other provision of State law to the
10contrary, the 2024 general election shall be a State holiday
11known as 2024 General Election Day and shall be observed
12throughout this State. The 2024 general election shall be
13deemed a legal school holiday for purposes of the School Code.
14Any school closed under this amendatory Act of the 103rd
15General Assembly and Section 24-2 of the School Code may shall
16be made available to an election authority as a polling place
17for 2024 General Election Day if approved by a school board or
18a local school council established under Article 34 of the
19School Code, as described in Section 11-4.1. This Section is
20repealed on January 1, 2025.
21(Source: P.A. 103-467, eff. 8-4-23.)
 
22    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)

 

 

HB4709- 2 -LRB103 37217 SPS 67336 b

1    Sec. 11-4.1. (a) In appointing polling places under this
2Article, the county board or board of election commissioners
3shall, insofar as they are convenient and available, use
4schools and other public buildings other than public school
5buildings, as polling places. The county board or board of
6election commissioners may use public school buildings as
7polling places only if a school board or a local school council
8established under Article 34 of the School Code approves the
9use of that school, in accordance with this Section.
10    (b) Upon request of the county board or board of election
11commissioners, the proper agency of government (including
12school districts and units of local government, as defined in
13Section 1 of Article VII of the Illinois Constitution) shall
14make a public building under its control available for use as a
15polling place on an election day and for a reasonably
16necessary time before and after election day, without charge.
17If the county board or board of election commissioners uses
18all convenient and available public buildings and determines
19that a public school building is needed as a polling place, it
20shall send a written request to use the public school building
21to the school board or local school council that has
22jurisdiction over that public school building. The written
23request to the local school board or local school council
24shall:
25        (1) specify the public school building that the county
26    board or board of election commissioners is requesting be

 

 

HB4709- 3 -LRB103 37217 SPS 67336 b

1    made available for use as a polling place, without charge;
2        (2) include a statement that the public school
3    building is needed as a polling place despite the county
4    board or board of election commissioner's best efforts to
5    utilize all other public buildings as polling places; and
6        (3) specify the dates and times that the public school
7    building is needed, including the election days and the
8    reasonably necessary times before and after the election
9    days.
10    The school board or local school council shall approve or
11deny the request within 60 calendar days after receiving the
12request and shall notify the county board or board of election
13commissioners of its decision. If the school board or local
14school council approves the request, If the county board or
15board of election commissioners chooses a school to be a
16polling place, then the school district must make the school
17available for use as a polling place. However, for the day of
18the election, the school board or local school council a
19school district is encouraged to (i) close the school or (ii)
20hold a teachers institute on that day with students not in
21attendance.
22    (c) A government agency which makes a public building
23under its control available for use as a polling place shall
24(i) ensure the portion of the building to be used as the
25polling place is accessible to voters with disabilities and
26elderly voters and (ii) allow the election authority to

 

 

HB4709- 4 -LRB103 37217 SPS 67336 b

1administer the election as authorized under this Code.
2    (d) If a qualified elector's precinct polling place is a
3school and the elector will be unable to enter that polling
4place without violating Section 11-9.3 of the Criminal Code of
52012 because the elector is a child sex offender as defined in
6Section 11-9.3 of the Criminal Code of 2012, that elector may
7vote by a vote by mail ballot in accordance with Article 19 of
8this Code or may vote early in accordance with Article 19A of
9this Code.
10(Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15;
1199-143, eff. 7-27-15.)
 
12    Section 10. The School Code is amended by changing
13Sections 22-21 and 34-2.3 and by adding Section 10-20.87 as
14follows:
 
15    (105 ILCS 5/10-20.87 new)
16    Sec. 10-20.87. Approval of the use of school buildings for
17elections. Each school board shall have the power to approve
18or deny, in accordance with the school board's rules and
19policies, any request of a county board or board of election
20commissioners to use a school building as a polling place as
21described in Section 11-4.1 of the Election Code.
 
22    (105 ILCS 5/22-21)  (from Ch. 122, par. 22-21)
23    Sec. 22-21. Elections-Use of school buildings.

 

 

HB4709- 5 -LRB103 37217 SPS 67336 b

1    (a) A Every school board or a local school council
2established under Article 34 of this Code may approve or deny a
3request, in accordance with Section 11-4.1 of the Election
4Code, for the use of a public school building under its
5jurisdiction as a polling place for an election to be held,
6provided the request is made by shall offer to the appropriate
7officer or board having responsibility for providing polling
8places for elections the use of any and all buildings under its
9jurisdiction for any and all elections to be held, if so
10requested by such appropriate officer or board.
11    (b) If the school board or local school council approves
12the request to use any of the school buildings under its
13jurisdiction as a polling place for any election, the
14following shall occur at each polling place:
15        (1) Election officers shall place 2 or more cones,
16    small United States national flags, or some other marker a
17    distance of 100 horizontal feet from each entrance to the
18    room used by voters to engage in voting, which shall be
19    known as the polling room.
20        (2) If the polling room is located within a building
21    that is a public or private school and the distance of 100
22    horizontal feet ends within the interior of the building,
23    then the markers shall be placed outside of the building
24    at each entrance used by voters to enter that building on
25    the grounds adjacent to the thoroughfare or walkway.
26        (3) If the polling room is located within a public or

 

 

HB4709- 6 -LRB103 37217 SPS 67336 b

1    private school building with 2 or more floors and the
2    polling room is located on the ground floor, then the
3    markers shall be placed 100 horizontal feet from each
4    entrance to the polling room used by voters to engage in
5    voting.
6        (4) If the polling room is located in a public or
7    private school building with 2 or more floors and the
8    polling room is located on a floor above or below the
9    ground floor, then the markers shall be placed a distance
10    of 100 feet from the nearest elevator or staircase used by
11    voters on the ground floor to access the floor where the
12    polling room is located.
13        (5) The area within where the markers are placed shall
14    be known as a campaign free zone, and electioneering is
15    prohibited pursuant to this subsection.
16    (c) Notwithstanding any other provision of this Code, the
17area on polling place property beyond the campaign free zone,
18whether publicly or privately owned, is a public forum for the
19time that the polls are open on an election day. At the request
20of election officers any publicly owned building must be made
21available for use as a polling place. A person shall have the
22right to congregate and engage in electioneering on any
23polling place property while the polls are open beyond the
24campaign free zone, including but not limited to, the
25placement of temporary signs. This subsection shall be
26construed liberally in favor of persons engaging in

 

 

HB4709- 7 -LRB103 37217 SPS 67336 b

1electioneering on all polling place property beyond the
2campaign free zone for the time that the polls are open on an
3election day.
4(Source: P.A. 93-574, eff. 8-21-03.)
 
5    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
6    Sec. 34-2.3. Local school councils; powers and duties.
7Each local school council shall have and exercise, consistent
8with the provisions of this Article and the powers and duties
9of the board of education, the following powers and duties:
10    1. (A) To annually evaluate the performance of the
11principal of the attendance center using a Board approved
12principal evaluation form, which shall include the evaluation
13of (i) student academic improvement, as defined by the school
14improvement plan, (ii) student absenteeism rates at the
15school, (iii) instructional leadership, (iv) the effective
16implementation of programs, policies, or strategies to improve
17student academic achievement, (v) school management, and (vi)
18any other factors deemed relevant by the local school council,
19including, without limitation, the principal's communication
20skills and ability to create and maintain a student-centered
21learning environment, to develop opportunities for
22professional development, and to encourage parental
23involvement and community partnerships to achieve school
24improvement;
25    (B) to determine in the manner provided by subsection (c)

 

 

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1of Section 34-2.2 and subdivision 1.5 of this Section whether
2the performance contract of the principal shall be renewed;
3and
4    (C) to directly select, in the manner provided by
5subsection (c) of Section 34-2.2, a new principal (including a
6new principal to fill a vacancy) -- without submitting any
7list of candidates for that position to the general
8superintendent as provided in paragraph 2 of this Section --
9to serve under a 4 year performance contract; provided that
10(i) the determination of whether the principal's performance
11contract is to be renewed, based upon the evaluation required
12by subdivision 1.5 of this Section, shall be made no later than
13150 days prior to the expiration of the current
14performance-based contract of the principal, (ii) in cases
15where such performance contract is not renewed -- a direct
16selection of a new principal -- to serve under a 4 year
17performance contract shall be made by the local school council
18no later than 45 days prior to the expiration of the current
19performance contract of the principal, and (iii) a selection
20by the local school council of a new principal to fill a
21vacancy under a 4 year performance contract shall be made
22within 90 days after the date such vacancy occurs. A Council
23shall be required, if requested by the principal, to provide
24in writing the reasons for the council's not renewing the
25principal's contract.
26    1.5. The local school council's determination of whether

 

 

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

 

 

HB4709- 10 -LRB103 37217 SPS 67336 b

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

 

 

HB4709- 11 -LRB103 37217 SPS 67336 b

1member and shall inform the local school council of its rights
2and responsibilities under the arbitration process, including
3the local school council's right to representation and the
4manner and process by which the Board shall pay the costs of
5the council's representation. If the local school council
6retains the principal and the general superintendent requests
7a review of the retention decision, the local school council
8and the general superintendent shall be considered parties to
9the arbitration, a hearing officer shall be chosen between
10those 2 parties pursuant to procedures promulgated by the
11State Board of Education, and the principal may retain counsel
12and participate in the arbitration. If the local school
13council does not retain the principal and the principal
14requests a review of the retention decision, the local school
15council and the principal shall be considered parties to the
16arbitration and a hearing officer shall be chosen between
17those 2 parties pursuant to procedures promulgated by the
18State Board of Education. The hearing shall begin (i) within
1945 days after the initial request for review is submitted by
20the principal to the general superintendent or (ii) if the
21initial request for review is made by the general
22superintendent, within 45 days after that request is mailed to
23the American Arbitration Association. The hearing officer
24shall render a decision within 45 days after the hearing
25begins and within 90 days after the initial request for
26review. The Board shall contract with the American Arbitration

 

 

HB4709- 12 -LRB103 37217 SPS 67336 b

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

 

 

HB4709- 13 -LRB103 37217 SPS 67336 b

1subsection (h) of Section 34-8.3, or the principal is removed
2for cause during the term of his or her performance contract in
3the manner provided by Section 34-85, or a vacancy in the
4position of principal otherwise occurs prior to the expiration
5of the term of a principal's performance contract, and (ii)
6the local school council fails to directly select a new
7principal to serve under a 4 year performance contract, the
8local school council in such event shall submit to the general
9superintendent a list of 3 candidates -- listed in the local
10school council's order of preference -- for the position of
11principal, one of which shall be selected by the general
12superintendent to serve as principal of the attendance center.
13If the general superintendent fails or refuses to select one
14of the candidates on the list to serve as principal within 30
15days after being furnished with the candidate list, the
16general superintendent shall select and place a principal on
17an interim basis (i) for a period not to exceed one year or
18(ii) until the local school council selects a new principal
19with 7 affirmative votes as provided in subsection (c) of
20Section 34-2.2, whichever occurs first. If the local school
21council fails or refuses to select and appoint a new
22principal, as specified by subsection (c) of Section 34-2.2,
23the general superintendent may select and appoint a new
24principal on an interim basis for an additional year or until a
25new contract principal is selected by the local school
26council. There shall be no discrimination on the basis of

 

 

HB4709- 14 -LRB103 37217 SPS 67336 b

1race, sex, creed, color or disability unrelated to ability to
2perform in connection with the submission of candidates for,
3and the selection of a candidate to serve as principal of an
4attendance center. No person shall be directly selected,
5listed as a candidate for, or selected to serve as principal of
6an attendance center (i) if such person has been removed for
7cause from employment by the Board or (ii) if such person does
8not hold a valid Professional Educator License issued under
9Article 21B and endorsed as required by that Article for the
10position of principal. A principal whose performance contract
11is not renewed as provided under subsection (c) of Section
1234-2.2 may nevertheless, if otherwise qualified and licensed
13as herein provided and if he or she has received a satisfactory
14rating as provided in subsection (h) of Section 34-8.3, be
15included by a local school council as one of the 3 candidates
16listed in order of preference on any candidate list from which
17one person is to be selected to serve as principal of the
18attendance center under a new performance contract. The
19initial candidate list required to be submitted by a local
20school council to the general superintendent in cases where
21the local school council does not renew the performance
22contract of its principal and does not directly select a new
23principal to serve under a 4 year performance contract shall
24be submitted not later than 30 days prior to the expiration of
25the current performance contract. In cases where the local
26school council fails or refuses to submit the candidate list

 

 

HB4709- 15 -LRB103 37217 SPS 67336 b

1to the general superintendent no later than 30 days prior to
2the expiration of the incumbent principal's contract, the
3general superintendent may appoint a principal on an interim
4basis for a period not to exceed one year, during which time
5the local school council shall be able to select a new
6principal with 7 affirmative votes as provided in subsection
7(c) of Section 34-2.2. In cases where a principal is removed
8for cause or a vacancy otherwise occurs in the position of
9principal and the vacancy is not filled by direct selection by
10the local school council, the candidate list shall be
11submitted by the local school council to the general
12superintendent within 90 days after the date such removal or
13vacancy occurs. In cases where the local school council fails
14or refuses to submit the candidate list to the general
15superintendent within 90 days after the date of the vacancy,
16the general superintendent may appoint a principal on an
17interim basis for a period of one year, during which time the
18local school council shall be able to select a new principal
19with 7 affirmative votes as provided in subsection (c) of
20Section 34-2.2.
21    2.5. Whenever a vacancy in the office of a principal
22occurs for any reason, the vacancy shall be filled in the
23manner provided by this Section by the selection of a new
24principal to serve under a 4 year performance contract.
25    3. To establish additional criteria to be included as part
26of the performance contract of its principal, provided that

 

 

HB4709- 16 -LRB103 37217 SPS 67336 b

1such additional criteria shall not discriminate on the basis
2of race, sex, creed, color or disability unrelated to ability
3to perform, and shall not be inconsistent with the uniform 4
4year performance contract for principals developed by the
5board as provided in Section 34-8.1 of the School Code or with
6other provisions of this Article governing the authority and
7responsibility of principals.
8    4. To approve the expenditure plan prepared by the
9principal with respect to all funds allocated and distributed
10to the attendance center by the Board. The expenditure plan
11shall be administered by the principal. Notwithstanding any
12other provision of this Act or any other law, any expenditure
13plan approved and administered under this Section 34-2.3 shall
14be consistent with and subject to the terms of any contract for
15services with a third party entered into by the Chicago School
16Reform Board of Trustees or the board under this Act.
17    Via a supermajority vote of 8 members of a local school
18council enrolling students through the 8th grade or 9 members
19of a local school council at a secondary attendance center or
20an attendance center enrolling students in grades 7 through
2112, the Council may transfer allocations pursuant to Section
2234-2.3 within funds; provided that such a transfer is
23consistent with applicable law and collective bargaining
24agreements.
25    Beginning in fiscal year 1991 and in each fiscal year
26thereafter, the Board may reserve up to 1% of its total fiscal

 

 

HB4709- 17 -LRB103 37217 SPS 67336 b

1year budget for distribution on a prioritized basis to schools
2throughout the school system in order to assure adequate
3programs to meet the needs of special student populations as
4determined by the Board. This distribution shall take into
5account the needs catalogued in the Systemwide Plan and the
6various local school improvement plans of the local school
7councils. Information about these centrally funded programs
8shall be distributed to the local school councils so that
9their subsequent planning and programming will account for
10these provisions.
11    Beginning in fiscal year 1991 and in each fiscal year
12thereafter, from other amounts available in the applicable
13fiscal year budget, the board shall allocate a lump sum amount
14to each local school based upon such formula as the board shall
15determine taking into account the special needs of the student
16body. The local school principal shall develop an expenditure
17plan in consultation with the local school council, the
18professional personnel leadership committee and with all other
19school personnel, which reflects the priorities and activities
20as described in the school's local school improvement plan and
21is consistent with applicable law and collective bargaining
22agreements and with board policies and standards; however, the
23local school council shall have the right to request waivers
24of board policy from the board of education and waivers of
25employee collective bargaining agreements pursuant to Section
2634-8.1a.

 

 

HB4709- 18 -LRB103 37217 SPS 67336 b

1    The expenditure plan developed by the principal with
2respect to amounts available from the fund for prioritized
3special needs programs and the allocated lump sum amount must
4be approved by the local school council.
5    The lump sum allocation shall take into account the
6following principles:
7        a. Teachers: Each school shall be allocated funds
8    equal to the amount appropriated in the previous school
9    year for compensation for teachers (regular grades
10    kindergarten through 12th grade) plus whatever increases
11    in compensation have been negotiated contractually or
12    through longevity as provided in the negotiated agreement.
13    Adjustments shall be made due to layoff or reduction in
14    force, lack of funds or work, change in subject
15    requirements, enrollment changes, or contracts with third
16    parties for the performance of services or to rectify any
17    inconsistencies with system-wide allocation formulas or
18    for other legitimate reasons.
19        b. Other personnel: Funds for other teacher licensed
20    and nonlicensed personnel paid through non-categorical
21    funds shall be provided according to system-wide formulas
22    based on student enrollment and the special needs of the
23    school as determined by the Board.
24        c. Non-compensation items: Appropriations for all
25    non-compensation items shall be based on system-wide
26    formulas based on student enrollment and on the special

 

 

HB4709- 19 -LRB103 37217 SPS 67336 b

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

 

 

HB4709- 20 -LRB103 37217 SPS 67336 b

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

 

 

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

 

 

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

 

 

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1take necessary corrective action, consistent with Section
234-8.3.
3    12. Each local school council shall comply with the Open
4Meetings Act and the Freedom of Information Act. Each local
5school council shall issue and transmit to its school
6community a detailed annual report accounting for its
7activities programmatically and financially. Each local school
8council shall convene at least 2 well-publicized meetings
9annually with its entire school community. These meetings
10shall include presentation of the proposed local school
11improvement plan, of the proposed school expenditure plan, and
12the annual report, and shall provide an opportunity for public
13comment.
14    13. Each local school council is encouraged to involve
15additional non-voting members of the school community in
16facilitating the council's exercise of its responsibilities.
17    14. The local school council may adopt a school uniform or
18dress code policy that governs the attendance center and that
19is necessary to maintain the orderly process of a school
20function or prevent endangerment of student health or safety,
21consistent with the policies and rules of the Board of
22Education. A school uniform or dress code policy adopted by a
23local school council: (i) shall not be applied in such manner
24as to discipline or deny attendance to a transfer student or
25any other student for noncompliance with that policy during
26such period of time as is reasonably necessary to enable the

 

 

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1student to acquire a school uniform or otherwise comply with
2the dress code policy that is in effect at the attendance
3center into which the student's enrollment is transferred;
4(ii) shall include criteria and procedures under which the
5local school council will accommodate the needs of or
6otherwise provide appropriate resources to assist a student
7from an indigent family in complying with an applicable school
8uniform or dress code policy; (iii) shall not include or apply
9to hairstyles, including hairstyles historically associated
10with race, ethnicity, or hair texture, including, but not
11limited to, protective hairstyles such as braids, locks, and
12twists; and (iv) shall not prohibit the right of a student to
13wear or accessorize the student's graduation attire with items
14associated with the student's cultural, ethnic, or religious
15identity or any other protected characteristic or category
16identified in subsection (Q) of Section 1-103 of the Illinois
17Human Rights Act. A student whose parents or legal guardians
18object on religious grounds to the student's compliance with
19an applicable school uniform or dress code policy shall not be
20required to comply with that policy if the student's parents
21or legal guardians present to the local school council a
22signed statement of objection detailing the grounds for the
23objection. If a local school council does not comply with the
24requirements and prohibitions set forth in this paragraph 14,
25the attendance center is subject to the penalty imposed
26pursuant to subsection (a) of Section 2-3.25.

 

 

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1    15. All decisions made and actions taken by the local
2school council in the exercise of its powers and duties shall
3comply with State and federal laws, all applicable collective
4bargaining agreements, court orders and rules properly
5promulgated by the Board.
6    15a. To grant, in accordance with board rules and
7policies, the use of assembly halls and classrooms when not
8otherwise needed, including lighting, heat, and attendants,
9for public lectures, concerts, and other educational and
10social activities.
11    15b. To approve, in accordance with board rules and
12policies, receipts and expenditures for all internal accounts
13of the attendance center, and to approve all fund-raising
14activities by nonschool organizations that use the school
15building.
16    15c. To approve or deny, in accordance with the rules and
17policies of the local school council, any request of a county
18board or board of election commissioners to use a school
19building as a polling place as described in Section 11-4.1 of
20the Election Code.
21    16. (Blank).
22    17. Names and addresses of local school council members
23shall be a matter of public record.
24(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
25102-894, eff. 5-20-22; 103-463, eff. 8-4-23.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

HB4709- 26 -LRB103 37217 SPS 67336 b

1becoming law.