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. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 1-24 and 11-4.1 as follows: | 6 | | (10 ILCS 5/1-24) | 7 | | (Section scheduled to be repealed on January 1, 2025) | 8 | | Sec. 1-24. 2024 Election Day State holiday. | 9 | | Notwithstanding any other provision of State law to the | 10 | | contrary, the 2024 general election shall be a State holiday | 11 | | known as 2024 General Election Day and shall be observed | 12 | | throughout this State. The 2024 general election shall be | 13 | | deemed a legal school holiday for purposes of the School Code. | 14 | | Any school closed under this amendatory Act of the 103rd | 15 | | General Assembly and Section 24-2 of the School Code may shall | 16 | | be made available to an election authority as a polling place | 17 | | for 2024 General Election Day if approved by a school board or | 18 | | a local school council established under Article 34 of the | 19 | | School Code, as described in Section 11-4.1 . This Section is | 20 | | repealed 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) |
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| 1 | | Sec. 11-4.1. (a) In appointing polling places under this | 2 | | Article, the county board or board of election commissioners | 3 | | shall, insofar as they are convenient and available, use | 4 | | schools and other public buildings other than public school | 5 | | buildings, as polling places. The county board or board of | 6 | | election commissioners may use public school buildings as | 7 | | polling places only if a school board or a local school council | 8 | | established under Article 34 of the School Code approves the | 9 | | use of that school, in accordance with this Section. | 10 | | (b) Upon request of the county board or board of election | 11 | | commissioners, the proper agency of government (including | 12 | | school districts and units of local government , as defined in | 13 | | Section 1 of Article VII of the Illinois Constitution ) shall | 14 | | make a public building under its control available for use as a | 15 | | polling place on an election day and for a reasonably | 16 | | necessary time before and after election day, without charge. | 17 | | If the county board or board of election commissioners uses | 18 | | all convenient and available public buildings and determines | 19 | | that a public school building is needed as a polling place, it | 20 | | shall send a written request to use the public school building | 21 | | to the school board or local school council that has | 22 | | jurisdiction over that public school building. The written | 23 | | request to the local school board or local school council | 24 | | shall: | 25 | | (1) specify the public school building that the county | 26 | | board or board of election commissioners is requesting be |
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| 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 | 11 | | deny the request within 60 calendar days after receiving the | 12 | | request and shall notify the county board or board of election | 13 | | commissioners of its decision. If the school board or local | 14 | | school council approves the request, If the county board or | 15 | | board of election commissioners chooses a school to be a | 16 | | polling place, then the school district must make the school | 17 | | available for use as a polling place. However, for the day of | 18 | | the election, the school board or local school council a | 19 | | school district is encouraged to (i) close the school or (ii) | 20 | | hold a teachers institute on that day with students not in | 21 | | attendance. | 22 | | (c) A government agency which makes a public building | 23 | | under its control available for use as a polling place shall | 24 | | (i) ensure the portion of the building to be used as the | 25 | | polling place is accessible to voters with disabilities and | 26 | | elderly voters and (ii) allow the election authority to |
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| 1 | | administer the election as authorized under this Code. | 2 | | (d) If a qualified elector's precinct polling place is a | 3 | | school and the elector will be unable to enter that polling | 4 | | place without violating Section 11-9.3 of the Criminal Code of | 5 | | 2012 because the elector is a child sex offender as defined in | 6 | | Section 11-9.3 of the Criminal Code of 2012, that elector may | 7 | | vote by a vote by mail ballot in accordance with Article 19 of | 8 | | this Code or may vote early in accordance with Article 19A of | 9 | | this Code. | 10 | | (Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15; | 11 | | 99-143, eff. 7-27-15.) | 12 | | Section 10. The School Code is amended by changing | 13 | | Sections 22-21 and 34-2.3 and by adding Section 10-20.87 as | 14 | | follows: | 15 | | (105 ILCS 5/10-20.87 new) | 16 | | Sec. 10-20.87. Approval of the use of school buildings for | 17 | | elections. Each school board shall have the power to approve | 18 | | or deny, in accordance with the school board's rules and | 19 | | policies, any request of a county board or board of election | 20 | | commissioners to use a school building as a polling place as | 21 | | described 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. |
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| 1 | | (a) A Every school board or a local school council | 2 | | established under Article 34 of this Code may approve or deny a | 3 | | request, in accordance with Section 11-4.1 of the Election | 4 | | Code, for the use of a public school building under its | 5 | | jurisdiction as a polling place for an election to be held, | 6 | | provided the request is made by shall offer to the appropriate | 7 | | officer or board having responsibility for providing polling | 8 | | places for elections the use of any and all buildings under its | 9 | | jurisdiction for any and all elections to be held, if so | 10 | | requested by such appropriate officer or board . | 11 | | (b) If the school board or local school council approves | 12 | | the request to use any of the school buildings under its | 13 | | jurisdiction as a polling place for any election, the | 14 | | following 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 |
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| 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 | 17 | | area on polling place property beyond the campaign free zone, | 18 | | whether publicly or privately owned, is a public forum for the | 19 | | time that the polls are open on an election day. At the request | 20 | | of election officers any publicly owned building must be made | 21 | | available for use as a polling place. A person shall have the | 22 | | right to congregate and engage in electioneering on any | 23 | | polling place property while the polls are open beyond the | 24 | | campaign free zone, including but not limited to, the | 25 | | placement of temporary signs. This subsection shall be | 26 | | construed liberally in favor of persons engaging in |
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| 1 | | electioneering on all polling place property beyond the | 2 | | campaign free zone for the time that the polls are open on an | 3 | | election 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. | 7 | | Each local school council shall have and exercise, consistent | 8 | | with the provisions of this Article and the powers and duties | 9 | | of the board of education, the following powers and duties: | 10 | | 1. (A) To annually evaluate the performance of the | 11 | | principal of the attendance center using a Board approved | 12 | | principal evaluation form, which shall include the evaluation | 13 | | of (i) student academic improvement, as defined by the school | 14 | | improvement plan, (ii) student absenteeism rates at the | 15 | | school, (iii) instructional leadership, (iv) the effective | 16 | | implementation of programs, policies, or strategies to improve | 17 | | student academic achievement, (v) school management, and (vi) | 18 | | any other factors deemed relevant by the local school council, | 19 | | including, without limitation, the principal's communication | 20 | | skills and ability to create and maintain a student-centered | 21 | | learning environment, to develop opportunities for | 22 | | professional development, and to encourage parental | 23 | | involvement and community partnerships to achieve school | 24 | | improvement; | 25 | | (B) to determine in the manner provided by subsection (c) |
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| 1 | | of Section 34-2.2 and subdivision 1.5 of this Section whether | 2 | | the performance contract of the principal shall be renewed; | 3 | | and | 4 | | (C) to directly select, in the manner provided by | 5 | | subsection (c) of Section 34-2.2, a new principal (including a | 6 | | new principal to fill a vacancy) -- without submitting any | 7 | | list of candidates for that position to the general | 8 | | superintendent as provided in paragraph 2 of this Section -- | 9 | | to serve under a 4 year performance contract; provided that | 10 | | (i) the determination of whether the principal's performance | 11 | | contract is to be renewed, based upon the evaluation required | 12 | | by subdivision 1.5 of this Section, shall be made no later than | 13 | | 150 days prior to the expiration of the current | 14 | | performance-based contract of the principal, (ii) in cases | 15 | | where such performance contract is not renewed -- a direct | 16 | | selection of a new principal -- to serve under a 4 year | 17 | | performance contract shall be made by the local school council | 18 | | no later than 45 days prior to the expiration of the current | 19 | | performance contract of the principal, and (iii) a selection | 20 | | by the local school council of a new principal to fill a | 21 | | vacancy under a 4 year performance contract shall be made | 22 | | within 90 days after the date such vacancy occurs. A Council | 23 | | shall be required, if requested by the principal, to provide | 24 | | in writing the reasons for the council's not renewing the | 25 | | principal's contract. | 26 | | 1.5. The local school council's determination of whether |
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| 1 | | to renew the principal's contract shall be based on an | 2 | | evaluation to assess the educational and administrative | 3 | | progress made at the school during the principal's current | 4 | | performance-based contract. The local school council shall | 5 | | base its evaluation on (i) student academic improvement, as | 6 | | defined by the school improvement plan, (ii) student | 7 | | absenteeism rates at the school, (iii) instructional | 8 | | leadership, (iv) the effective implementation of programs, | 9 | | policies, or strategies to improve student academic | 10 | | achievement, (v) school management, and (vi) any other factors | 11 | | deemed relevant by the local school council, including, | 12 | | without limitation, the principal's communication skills and | 13 | | ability to create and maintain a student-centered learning | 14 | | environment, to develop opportunities for professional | 15 | | development, and to encourage parental involvement and | 16 | | community partnerships to achieve school improvement. If a | 17 | | local school council fails to renew the performance contract | 18 | | of a principal rated by the general superintendent, or his or | 19 | | her designee, in the previous years' evaluations as meeting or | 20 | | exceeding expectations, the principal, within 15 days after | 21 | | the local school council's decision not to renew the contract, | 22 | | may request a review of the local school council's principal | 23 | | non-retention decision by a hearing officer appointed by the | 24 | | American Arbitration Association. A local school council | 25 | | member or members or the general superintendent may support | 26 | | the principal's request for review. During the period of the |
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| 1 | | hearing officer's review of the local school council's | 2 | | decision on whether or not to retain the principal, the local | 3 | | school council shall maintain all authority to search for and | 4 | | contract with a person to serve as interim or acting | 5 | | principal, or as the principal of the attendance center under | 6 | | a 4-year performance contract, provided that any performance | 7 | | contract entered into by the local school council shall be | 8 | | voidable or modified in accordance with the decision of the | 9 | | hearing officer. The principal may request review only once | 10 | | while at that attendance center. If a local school council | 11 | | renews the contract of a principal who failed to obtain a | 12 | | rating of "meets" or "exceeds expectations" in the general | 13 | | superintendent's evaluation for the previous year, the general | 14 | | superintendent, within 15 days after the local school | 15 | | council's decision to renew the contract, may request a review | 16 | | of the local school council's principal retention decision by | 17 | | a hearing officer appointed by the American Arbitration | 18 | | Association. The general superintendent may request a review | 19 | | only once for that principal at that attendance center. All | 20 | | requests to review the retention or non-retention of a | 21 | | principal shall be submitted to the general superintendent, | 22 | | who shall, in turn, forward such requests, within 14 days of | 23 | | receipt, to the American Arbitration Association. The general | 24 | | superintendent shall send a contemporaneous copy of the | 25 | | request that was forwarded to the American Arbitration | 26 | | Association to the principal and to each local school council |
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| 1 | | member and shall inform the local school council of its rights | 2 | | and responsibilities under the arbitration process, including | 3 | | the local school council's right to representation and the | 4 | | manner and process by which the Board shall pay the costs of | 5 | | the council's representation. If the local school council | 6 | | retains the principal and the general superintendent requests | 7 | | a review of the retention decision, the local school council | 8 | | and the general superintendent shall be considered parties to | 9 | | the arbitration, a hearing officer shall be chosen between | 10 | | those 2 parties pursuant to procedures promulgated by the | 11 | | State Board of Education, and the principal may retain counsel | 12 | | and participate in the arbitration. If the local school | 13 | | council does not retain the principal and the principal | 14 | | requests a review of the retention decision, the local school | 15 | | council and the principal shall be considered parties to the | 16 | | arbitration and a hearing officer shall be chosen between | 17 | | those 2 parties pursuant to procedures promulgated by the | 18 | | State Board of Education. The hearing shall begin (i) within | 19 | | 45 days after the initial request for review is submitted by | 20 | | the principal to the general superintendent or (ii) if the | 21 | | initial request for review is made by the general | 22 | | superintendent, within 45 days after that request is mailed to | 23 | | the American Arbitration Association. The hearing officer | 24 | | shall render a decision within 45 days after the hearing | 25 | | begins and within 90 days after the initial request for | 26 | | review. The Board shall contract with the American Arbitration |
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| 1 | | Association for all of the hearing officer's reasonable and | 2 | | necessary costs. In addition, the Board shall pay any | 3 | | reasonable costs incurred by a local school council for | 4 | | representation before a hearing officer. | 5 | | 1.10. The hearing officer shall conduct a hearing, which | 6 | | shall include (i) a review of the principal's performance, | 7 | | evaluations, and other evidence of the principal's service at | 8 | | the school, (ii) reasons provided by the local school council | 9 | | for its decision, and (iii) documentation evidencing views of | 10 | | interested persons, including, without limitation, students, | 11 | | parents, local school council members, school faculty and | 12 | | staff, the principal, the general superintendent or his or her | 13 | | designee, and members of the community. The burden of proof in | 14 | | establishing that the local school council's decision was | 15 | | arbitrary and capricious shall be on the party requesting the | 16 | | arbitration, and this party shall sustain the burden by a | 17 | | preponderance of the evidence. The hearing officer shall set | 18 | | the local school council decision aside if that decision, in | 19 | | light of the record developed at the hearing, is arbitrary and | 20 | | capricious. The decision of the hearing officer may not be | 21 | | appealed to the Board or the State Board of Education. If the | 22 | | hearing officer decides that the principal shall be retained, | 23 | | the retention period shall not exceed 2 years. | 24 | | 2. In the event (i) the local school council does not renew | 25 | | the performance contract of the principal, or the principal | 26 | | fails to receive a satisfactory rating as provided in |
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| 1 | | subsection (h) of Section 34-8.3, or the principal is removed | 2 | | for cause during the term of his or her performance contract in | 3 | | the manner provided by Section 34-85, or a vacancy in the | 4 | | position of principal otherwise occurs prior to the expiration | 5 | | of the term of a principal's performance contract, and (ii) | 6 | | the local school council fails to directly select a new | 7 | | principal to serve under a 4 year performance contract, the | 8 | | local school council in such event shall submit to the general | 9 | | superintendent a list of 3 candidates -- listed in the local | 10 | | school council's order of preference -- for the position of | 11 | | principal, one of which shall be selected by the general | 12 | | superintendent to serve as principal of the attendance center. | 13 | | If the general superintendent fails or refuses to select one | 14 | | of the candidates on the list to serve as principal within 30 | 15 | | days after being furnished with the candidate list, the | 16 | | general superintendent shall select and place a principal on | 17 | | an interim basis (i) for a period not to exceed one year or | 18 | | (ii) until the local school council selects a new principal | 19 | | with 7 affirmative votes as provided in subsection (c) of | 20 | | Section 34-2.2, whichever occurs first. If the local school | 21 | | council fails or refuses to select and appoint a new | 22 | | principal, as specified by subsection (c) of Section 34-2.2, | 23 | | the general superintendent may select and appoint a new | 24 | | principal on an interim basis for an additional year or until a | 25 | | new contract principal is selected by the local school | 26 | | council. There shall be no discrimination on the basis of |
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| 1 | | race, sex, creed, color or disability unrelated to ability to | 2 | | perform in connection with the submission of candidates for, | 3 | | and the selection of a candidate to serve as principal of an | 4 | | attendance center. No person shall be directly selected, | 5 | | listed as a candidate for, or selected to serve as principal of | 6 | | an attendance center (i) if such person has been removed for | 7 | | cause from employment by the Board or (ii) if such person does | 8 | | not hold a valid Professional Educator License issued under | 9 | | Article 21B and endorsed as required by that Article for the | 10 | | position of principal. A principal whose performance contract | 11 | | is not renewed as provided under subsection (c) of Section | 12 | | 34-2.2 may nevertheless, if otherwise qualified and licensed | 13 | | as herein provided and if he or she has received a satisfactory | 14 | | rating as provided in subsection (h) of Section 34-8.3, be | 15 | | included by a local school council as one of the 3 candidates | 16 | | listed in order of preference on any candidate list from which | 17 | | one person is to be selected to serve as principal of the | 18 | | attendance center under a new performance contract. The | 19 | | initial candidate list required to be submitted by a local | 20 | | school council to the general superintendent in cases where | 21 | | the local school council does not renew the performance | 22 | | contract of its principal and does not directly select a new | 23 | | principal to serve under a 4 year performance contract shall | 24 | | be submitted not later than 30 days prior to the expiration of | 25 | | the current performance contract. In cases where the local | 26 | | school council fails or refuses to submit the candidate list |
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| 1 | | to the general superintendent no later than 30 days prior to | 2 | | the expiration of the incumbent principal's contract, the | 3 | | general superintendent may appoint a principal on an interim | 4 | | basis for a period not to exceed one year, during which time | 5 | | the local school council shall be able to select a new | 6 | | principal with 7 affirmative votes as provided in subsection | 7 | | (c) of Section 34-2.2. In cases where a principal is removed | 8 | | for cause or a vacancy otherwise occurs in the position of | 9 | | principal and the vacancy is not filled by direct selection by | 10 | | the local school council, the candidate list shall be | 11 | | submitted by the local school council to the general | 12 | | superintendent within 90 days after the date such removal or | 13 | | vacancy occurs. In cases where the local school council fails | 14 | | or refuses to submit the candidate list to the general | 15 | | superintendent within 90 days after the date of the vacancy, | 16 | | the general superintendent may appoint a principal on an | 17 | | interim basis for a period of one year, during which time the | 18 | | local school council shall be able to select a new principal | 19 | | with 7 affirmative votes as provided in subsection (c) of | 20 | | Section 34-2.2. | 21 | | 2.5. Whenever a vacancy in the office of a principal | 22 | | occurs for any reason, the vacancy shall be filled in the | 23 | | manner provided by this Section by the selection of a new | 24 | | principal to serve under a 4 year performance contract. | 25 | | 3. To establish additional criteria to be included as part | 26 | | of the performance contract of its principal, provided that |
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| 1 | | such additional criteria shall not discriminate on the basis | 2 | | of race, sex, creed, color or disability unrelated to ability | 3 | | to perform, and shall not be inconsistent with the uniform 4 | 4 | | year performance contract for principals developed by the | 5 | | board as provided in Section 34-8.1 of the School Code or with | 6 | | other provisions of this Article governing the authority and | 7 | | responsibility of principals. | 8 | | 4. To approve the expenditure plan prepared by the | 9 | | principal with respect to all funds allocated and distributed | 10 | | to the attendance center by the Board. The expenditure plan | 11 | | shall be administered by the principal. Notwithstanding any | 12 | | other provision of this Act or any other law, any expenditure | 13 | | plan approved and administered under this Section 34-2.3 shall | 14 | | be consistent with and subject to the terms of any contract for | 15 | | services with a third party entered into by the Chicago School | 16 | | Reform Board of Trustees or the board under this Act. | 17 | | Via a supermajority vote of 8 members of a local school | 18 | | council enrolling students through the 8th grade or 9 members | 19 | | of a local school council at a secondary attendance center or | 20 | | an attendance center enrolling students in grades 7 through | 21 | | 12, the Council may transfer allocations pursuant to Section | 22 | | 34-2.3 within funds; provided that such a transfer is | 23 | | consistent with applicable law and collective bargaining | 24 | | agreements. | 25 | | Beginning in fiscal year 1991 and in each fiscal year | 26 | | thereafter, the Board may reserve up to 1% of its total fiscal |
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| 1 | | year budget for distribution on a prioritized basis to schools | 2 | | throughout the school system in order to assure adequate | 3 | | programs to meet the needs of special student populations as | 4 | | determined by the Board. This distribution shall take into | 5 | | account the needs catalogued in the Systemwide Plan and the | 6 | | various local school improvement plans of the local school | 7 | | councils. Information about these centrally funded programs | 8 | | shall be distributed to the local school councils so that | 9 | | their subsequent planning and programming will account for | 10 | | these provisions. | 11 | | Beginning in fiscal year 1991 and in each fiscal year | 12 | | thereafter, from other amounts available in the applicable | 13 | | fiscal year budget, the board shall allocate a lump sum amount | 14 | | to each local school based upon such formula as the board shall | 15 | | determine taking into account the special needs of the student | 16 | | body. The local school principal shall develop an expenditure | 17 | | plan in consultation with the local school council, the | 18 | | professional personnel leadership committee and with all other | 19 | | school personnel, which reflects the priorities and activities | 20 | | as described in the school's local school improvement plan and | 21 | | is consistent with applicable law and collective bargaining | 22 | | agreements and with board policies and standards; however, the | 23 | | local school council shall have the right to request waivers | 24 | | of board policy from the board of education and waivers of | 25 | | employee collective bargaining agreements pursuant to Section | 26 | | 34-8.1a. |
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| 1 | | The expenditure plan developed by the principal with | 2 | | respect to amounts available from the fund for prioritized | 3 | | special needs programs and the allocated lump sum amount must | 4 | | be approved by the local school council. | 5 | | The lump sum allocation shall take into account the | 6 | | following 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 |
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| 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 |
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| 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 | 9 | | available to the board of education for use as part of its | 10 | | budget for the following fiscal year. | 11 | | 5. To make recommendations to the principal concerning | 12 | | textbook selection and concerning curriculum developed | 13 | | pursuant to the school improvement plan which is consistent | 14 | | with systemwide curriculum objectives in accordance with | 15 | | Sections 34-8 and 34-18 of the School Code and in conformity | 16 | | with the collective bargaining agreement. | 17 | | 6. To advise the principal concerning the attendance and | 18 | | disciplinary policies for the attendance center, subject to | 19 | | the provisions of this Article and Article 26, and consistent | 20 | | with the uniform system of discipline established by the board | 21 | | pursuant to Section 34-19. | 22 | | 7. To approve a school improvement plan developed as | 23 | | provided in Section 34-2.4. The process and schedule for plan | 24 | | development shall be publicized to the entire school | 25 | | community, and the community shall be afforded the opportunity | 26 | | to make recommendations concerning the plan. At least twice a |
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| 1 | | year the principal and local school council shall report | 2 | | publicly on progress and problems with respect to plan | 3 | | implementation. | 4 | | 8. To evaluate the allocation of teaching resources and | 5 | | other licensed and nonlicensed staff to the attendance center | 6 | | to determine whether such allocation is consistent with and in | 7 | | furtherance of instructional objectives and school programs | 8 | | reflective of the school improvement plan adopted for the | 9 | | attendance center; and to make recommendations to the board, | 10 | | the general superintendent and the principal concerning any | 11 | | reallocation of teaching resources or other staff whenever the | 12 | | council determines that any such reallocation is appropriate | 13 | | because the qualifications of any existing staff at the | 14 | | attendance center do not adequately match or support | 15 | | instructional objectives or school programs which reflect the | 16 | | school improvement plan. | 17 | | 9. To make recommendations to the principal and the | 18 | | general superintendent concerning their respective | 19 | | appointments, after August 31, 1989, and in the manner | 20 | | provided by Section 34-8 and Section 34-8.1, of persons to | 21 | | fill any vacant, additional or newly created positions for | 22 | | teachers at the attendance center or at attendance centers | 23 | | which include the attendance center served by the local school | 24 | | council. | 25 | | 10. To request of the Board the manner in which training | 26 | | and assistance shall be provided to the local school council. |
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| 1 | | Pursuant to Board guidelines a local school council is | 2 | | authorized to direct the Board of Education to contract with | 3 | | personnel or not-for-profit organizations not associated with | 4 | | the school district to train or assist council members. If | 5 | | training or assistance is provided by contract with personnel | 6 | | or organizations not associated with the school district, the | 7 | | period of training or assistance shall not exceed 30 hours | 8 | | during a given school year; person shall not be employed on a | 9 | | continuous basis longer than said period and shall not have | 10 | | been employed by the Chicago Board of Education within the | 11 | | preceding six months. Council members shall receive training | 12 | | in 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. | 19 | | Council members shall, to the greatest extent possible, | 20 | | complete such training within 90 days of election. | 21 | | 11. In accordance with systemwide guidelines contained in | 22 | | the System-Wide Educational Reform Goals and Objectives Plan, | 23 | | criteria for evaluation of performance shall be established | 24 | | for local school councils and local school council members. If | 25 | | a local school council persists in noncompliance with | 26 | | systemwide requirements, the Board may impose sanctions and |
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| 1 | | take necessary corrective action, consistent with Section | 2 | | 34-8.3. | 3 | | 12. Each local school council shall comply with the Open | 4 | | Meetings Act and the Freedom of Information Act. Each local | 5 | | school council shall issue and transmit to its school | 6 | | community a detailed annual report accounting for its | 7 | | activities programmatically and financially. Each local school | 8 | | council shall convene at least 2 well-publicized meetings | 9 | | annually with its entire school community. These meetings | 10 | | shall include presentation of the proposed local school | 11 | | improvement plan, of the proposed school expenditure plan, and | 12 | | the annual report, and shall provide an opportunity for public | 13 | | comment. | 14 | | 13. Each local school council is encouraged to involve | 15 | | additional non-voting members of the school community in | 16 | | facilitating the council's exercise of its responsibilities. | 17 | | 14. The local school council may adopt a school uniform or | 18 | | dress code policy that governs the attendance center and that | 19 | | is necessary to maintain the orderly process of a school | 20 | | function or prevent endangerment of student health or safety, | 21 | | consistent with the policies and rules of the Board of | 22 | | Education. A school uniform or dress code policy adopted by a | 23 | | local school council: (i) shall not be applied in such manner | 24 | | as to discipline or deny attendance to a transfer student or | 25 | | any other student for noncompliance with that policy during | 26 | | such period of time as is reasonably necessary to enable the |
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| 1 | | student to acquire a school uniform or otherwise comply with | 2 | | the dress code policy that is in effect at the attendance | 3 | | center into which the student's enrollment is transferred; | 4 | | (ii) shall include criteria and procedures under which the | 5 | | local school council will accommodate the needs of or | 6 | | otherwise provide appropriate resources to assist a student | 7 | | from an indigent family in complying with an applicable school | 8 | | uniform or dress code policy; (iii) shall not include or apply | 9 | | to hairstyles, including hairstyles historically associated | 10 | | with race, ethnicity, or hair texture, including, but not | 11 | | limited to, protective hairstyles such as braids, locks, and | 12 | | twists; and (iv) shall not prohibit the right of a student to | 13 | | wear or accessorize the student's graduation attire with items | 14 | | associated with the student's cultural, ethnic, or religious | 15 | | identity or any other protected characteristic or category | 16 | | identified in subsection (Q) of Section 1-103 of the Illinois | 17 | | Human Rights Act. A student whose parents or legal guardians | 18 | | object on religious grounds to the student's compliance with | 19 | | an applicable school uniform or dress code policy shall not be | 20 | | required to comply with that policy if the student's parents | 21 | | or legal guardians present to the local school council a | 22 | | signed statement of objection detailing the grounds for the | 23 | | objection. If a local school council does not comply with the | 24 | | requirements and prohibitions set forth in this paragraph 14, | 25 | | the attendance center is subject to the penalty imposed | 26 | | pursuant to subsection (a) of Section 2-3.25. |
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| 1 | | 15. All decisions made and actions taken by the local | 2 | | school council in the exercise of its powers and duties shall | 3 | | comply with State and federal laws, all applicable collective | 4 | | bargaining agreements, court orders and rules properly | 5 | | promulgated by the Board. | 6 | | 15a. To grant, in accordance with board rules and | 7 | | policies, the use of assembly halls and classrooms when not | 8 | | otherwise needed, including lighting, heat, and attendants, | 9 | | for public lectures, concerts, and other educational and | 10 | | social activities. | 11 | | 15b. To approve, in accordance with board rules and | 12 | | policies, receipts and expenditures for all internal accounts | 13 | | of the attendance center, and to approve all fund-raising | 14 | | activities by nonschool organizations that use the school | 15 | | building. | 16 | | 15c. To approve or deny, in accordance with the rules and | 17 | | policies of the local school council, any request of a county | 18 | | board or board of election commissioners to use a school | 19 | | building as a polling place as described in Section 11-4.1 of | 20 | | the Election Code. | 21 | | 16. (Blank). | 22 | | 17. Names and addresses of local school council members | 23 | | shall be a matter of public record. | 24 | | (Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21; | 25 | | 102-894, eff. 5-20-22; 103-463, eff. 8-4-23.) | 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law. |
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