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Full Text of HB0697  100th General Assembly

HB0697 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0697

 

Introduced , by Rep. Robert Martwick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/27A-5
105 ILCS 5/34-1.1  from Ch. 122, par. 34-1.1
105 ILCS 5/34-2.1  from Ch. 122, par. 34-2.1

    Amends the Chicago School District Article of the School Code. Creates local school councils for charter schools in Chicago. Provides for the initial and subsequent appointment of members of the councils, and imposes certain limitations on members. Provides for non-binding, advisory polls of teachers at charter schools to choose teacher members of the council. Allows for the filling of vacant positions on the councils. Provides for non-binding, advisory polls for the appointment of student members of the councils. Makes conforming changes. Effective immediately.


LRB100 07841 MLM 17910 b

 

 

A BILL FOR

 

HB0697LRB100 07841 MLM 17910 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
527A-5, 34-1.1, and 34-2.1 as follows:
 
6    (105 ILCS 5/27A-5)
7    Sec. 27A-5. Charter school; legal entity; requirements.
8    (a) A charter school shall be a public, nonsectarian,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status. Beginning
16on April 16, 2003 (the effective date of Public Act 93-3), in
17all new applications to establish a charter school in a city
18having a population exceeding 500,000, operation of the charter
19school shall be limited to one campus. The changes made to this
20Section by Public Act 93-3 do not apply to charter schools
21existing or approved on or before April 16, 2003 (the effective
22date of Public Act 93-3).
23    (b-5) In this subsection (b-5), "virtual-schooling" means

 

 

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1a cyber school where students engage in online curriculum and
2instruction via the Internet and electronic communication with
3their teachers at remote locations and with students
4participating at different times.
5    From April 1, 2013 through December 31, 2016, there is a
6moratorium on the establishment of charter schools with
7virtual-schooling components in school districts other than a
8school district organized under Article 34 of this Code. This
9moratorium does not apply to a charter school with
10virtual-schooling components existing or approved prior to
11April 1, 2013 or to the renewal of the charter of a charter
12school with virtual-schooling components already approved
13prior to April 1, 2013.
14    On or before March 1, 2014, the Commission shall submit to
15the General Assembly a report on the effect of
16virtual-schooling, including without limitation the effect on
17student performance, the costs associated with
18virtual-schooling, and issues with oversight. The report shall
19include policy recommendations for virtual-schooling.
20    (c) A charter school shall be administered and governed by
21its board of directors or other governing body in the manner
22provided in its charter. The governing body of a charter school
23shall be subject to the Freedom of Information Act and the Open
24Meetings Act.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and school
5personnel. "Non-curricular health and safety requirement" does
6not include any course of study or specialized instructional
7requirement for which the State Board has established goals and
8learning standards or which is designed primarily to impart
9knowledge and skills for students to master and apply as an
10outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall be
17updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act, all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English learners, and its charter. A charter school is exempt
26from all other State laws and regulations in this Code

 

 

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1governing public schools and local school board policies;
2however, a charter school is not exempt from the following:
3        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
4    criminal history records checks and checks of the Statewide
5    Sex Offender Database and Statewide Murderer and Violent
6    Offender Against Youth Database of applicants for
7    employment;
8        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
9    34-84a of this Code regarding discipline of students;
10        (3) the Local Governmental and Governmental Employees
11    Tort Immunity Act;
12        (4) Section 108.75 of the General Not For Profit
13    Corporation Act of 1986 regarding indemnification of
14    officers, directors, employees, and agents;
15        (5) the Abused and Neglected Child Reporting Act;
16        (6) the Illinois School Student Records Act;
17        (7) Section 10-17a of this Code regarding school report
18    cards;
19        (8) the P-20 Longitudinal Education Data System Act;
20        (9) Section 27-23.7 of this Code regarding bullying
21    prevention;
22        (10) Section 2-3.162 of this Code regarding student
23    discipline reporting; and
24        (11) Section 22-80 of this Code; and .
25        (12) for a charter school in a city having a population
26    exceeding 500,000, Sections 34-1.1 and 34-2.1 of this Code.

 

 

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1    The change made by Public Act 96-104 to this subsection (g)
2is declaratory of existing law.
3    (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required to
12perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after April
1416, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection (i)
20of this Section, a school district may charge a charter school
21reasonable rent for the use of the district's buildings,
22grounds, and facilities. Any services for which a charter
23school contracts with a school district shall be provided by
24the district at cost. Any services for which a charter school
25contracts with a local school board or with the governing body
26of a State college or university or public community college

 

 

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1shall be provided by the public entity at cost.
2    (i) In no event shall a charter school that is established
3by converting an existing school or attendance center to
4charter school status be required to pay rent for space that is
5deemed available, as negotiated and provided in the charter
6agreement, in school district facilities. However, all other
7costs for the operation and maintenance of school district
8facilities that are used by the charter school shall be subject
9to negotiation between the charter school and the local school
10board and shall be set forth in the charter.
11    (j) A charter school may limit student enrollment by age or
12grade level.
13    (k) If the charter school is approved by the Commission,
14then the Commission charter school is its own local education
15agency.
16(Source: P.A. 98-16, eff. 5-24-13; 98-639, eff. 6-9-14; 98-669,
17eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff. 1-1-15;
1898-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; 99-30, eff.
197-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff.
208-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16.)
 
21    (105 ILCS 5/34-1.1)  (from Ch. 122, par. 34-1.1)
22    Sec. 34-1.1. Definitions. As used in this Article:
23    "Academic Accountability Council" means the Chicago
24Schools Academic Accountability Council created under Section
2534-3.4.

 

 

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1    "Local School Council" means a local school council
2established under Section 34-2.1.
3    "School" and "attendance center" are used interchangeably
4to mean any attendance center operated pursuant to this Article
5and under the direction of one principal and includes any
6charter school operated pursuant to the Charter Schools Law for
7the purpose of Section 34-2.1 of this Code.
8    "Secondary Attendance Center" means a school which has
9students enrolled in grades 9 through 12 (although it may also
10have students enrolled in grades below grade 9).
11    "Local Attendance Area School" means a school which has a
12local attendance area established by the board.
13    "Charter school" means a school established under the
14Charter Schools Law.
15    "Multi-area school" means a school other than a local
16attendance area school or a charter school.
17    "Contract school" means an attendance center managed and
18operated by a for-profit or not-for-profit private entity
19retained by the board to provide instructional and other
20services to a majority of the pupils enrolled in the attendance
21center.
22    "Contract turnaround school" means an experimental
23contract school created by the board to implement alternative
24governance in an attendance center subject to restructuring or
25similar intervention under federal law that has not made
26adequate yearly progress for 5 consecutive years or a time

 

 

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1period set forth in federal law.
2    "Parent" means a parent or legal guardian of an enrolled
3student of an attendance center.
4    Except as otherwise provided in Section 34-2.1 of this
5Code, "community "Community resident" means a person, 18 years
6of age or older, residing within an attendance area served by a
7school, excluding any person who is a parent of a student
8enrolled in that school; provided that with respect to any
9multi-area school, community resident means any person, 18
10years of age or older, residing within the voting district
11established for that school pursuant to Section 34-2.1c,
12excluding any person who is a parent of a student enrolled in
13that school.
14    "School staff" means all certificated and uncertificated
15school personnel, including all teaching and administrative
16staff (other than the principal) and including all custodial,
17food service and other civil service employees, who are
18employed at and assigned to perform the majority of their
19employment duties at one attendance center served by the same
20local school council.
21    "Regular meetings" means the meeting dates established by
22the local school council at its annual organizational meeting.
23(Source: P.A. 96-105, eff. 7-30-09.)
 
24    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
25    Sec. 34-2.1. Local School Councils - Composition -

 

 

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1Voter-Eligibility - Elections - Terms.
2    (a) A local school council shall be established for each
3attendance center within the school district. Each local school
4council shall consist of the following 12 voting members: the
5principal of the attendance center, 2 teachers employed and
6assigned to perform the majority of their employment duties at
7the attendance center, 6 parents of students currently enrolled
8at the attendance center, one employee of the school district
9employed and assigned to perform the majority of his or her
10employment duties at the attendance center who is not a teacher
11or, in the case of a charter school, one employee of the
12charter school employed and assigned to perform the majority of
13his or her employment duties at the charter school who is not a
14teacher, and 2 community residents. Neither the parents nor the
15community residents who serve as members of the local school
16council shall be employees of the Board of Education, any
17charter management organization, or any educational management
18organization. In each secondary attendance center, the local
19school council shall consist of 13 voting members -- the 12
20voting members described above and one full-time student
21member, appointed as provided in subsection (m) below. In the
22event that the chief executive officer of the Chicago School
23Reform Board of Trustees determines that a local school council
24is not carrying out its financial duties effectively, the chief
25executive officer is authorized to appoint a representative of
26the business community with experience in finance and

 

 

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1management to serve as an advisor to the local school council
2for the purpose of providing advice and assistance to the local
3school council on fiscal matters. The advisor shall have access
4to relevant financial records of the local school council. The
5advisor may attend executive sessions. The chief executive
6officer shall issue a written policy defining the circumstances
7under which a local school council is not carrying out its
8financial duties effectively.
9    (b) Within 7 days of January 11, 1991, the Mayor shall
10appoint the members and officers (a Chairperson who shall be a
11parent member and a Secretary) of each local school council who
12shall hold their offices until their successors shall be
13elected and qualified. Members so appointed shall have all the
14powers and duties of local school councils as set forth in this
15amendatory Act of 1991. The Mayor's appointments shall not
16require approval by the City Council.
17    Within 30 days after the effective date of this amendatory
18act of the 100th General Assembly, the Mayor shall appoint the
19members and officers (a Chairperson who shall be a parent
20member and a Secretary) of each local school council for all
21charter schools located within the school district, who shall
22hold their offices until their successors are elected and
23qualified. Members so appointed shall have all the powers and
24duties of members of local school councils. The Mayor's
25appointments shall not require approval by the City Council.
26    The membership of each local school council shall be

 

 

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1encouraged to be reflective of the racial and ethnic
2composition of the student population of the attendance center
3served by the local school council.
4    (c) Beginning with the 1995-1996 school year and in every
5even-numbered year thereafter, the Board shall set second
6semester Parent Report Card Pick-up Day for Local School
7Council elections and may schedule elections at year-round
8schools for the same dates as the remainder of the school
9system. Elections shall be conducted as provided herein by the
10Board of Education in consultation with the local school
11council at each attendance center.
12    (d) Beginning with the 1995-96 school year and, for charter
13schools, beginning with the 2017-2018 school year, the
14following procedures shall apply to the election of local
15school council members at each attendance center:
16        (i) The elected members of each local school council
17    shall consist of the 6 parent members and the 2 community
18    resident members.
19        (ii) Each elected member shall be elected by the
20    eligible voters of that attendance center to serve for a
21    two-year term commencing on July 1 immediately following
22    the election described in subsection (c). Eligible voters
23    for each attendance center shall consist of the parents and
24    community residents for that attendance center.
25        (iii) Each eligible voter shall be entitled to cast one
26    vote for up to a total of 5 candidates, irrespective of

 

 

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

 

 

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1center and by distributing notices to the pupils at the
2attendance center, and shall utilize such other means as it
3deems necessary to maximize the involvement of all eligible
4voters.
5    (f) Nomination. The Council shall publicize the opening of
6nominations by posting notices at the attendance center, in
7public places within the attendance boundaries of the
8attendance center and by distributing notices to the pupils at
9the attendance center, and shall utilize such other means as it
10deems necessary to maximize the involvement of all eligible
11voters. Not less than 2 weeks before the election date, persons
12eligible to run for the Council shall submit their name, date
13of birth, social security number, if available, and some
14evidence of eligibility to the Council. The Council shall
15encourage nomination of candidates reflecting the
16racial/ethnic population of the students at the attendance
17center. Each person nominated who runs as a candidate shall
18disclose, in a manner determined by the Board, any economic
19interest held by such person, by such person's spouse or
20children, or by each business entity in which such person has
21an ownership interest, in any contract with the Board, any
22local school council, or any public school in the school
23district, any charter school located in the school district,
24any charter management organization, or any educational
25management organization. Each person nominated who runs as a
26candidate shall also disclose, in a manner determined by the

 

 

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1Board, if he or she ever has been convicted of any of the
2offenses specified in subsection (c) of Section 34-18.5;
3provided that neither this provision nor any other provision of
4this Section shall be deemed to require the disclosure of any
5information that is contained in any law enforcement record or
6juvenile court record that is confidential or whose
7accessibility or disclosure is restricted or prohibited under
8Section 5-901 or 5-905 of the Juvenile Court Act of 1987.
9Failure to make such disclosure shall render a person
10ineligible for election or to serve on the local school
11council. The same disclosure shall be required of persons under
12consideration for appointment to the Council pursuant to
13subsections (l) and (m) of this Section.
14    (f-5) Notwithstanding disclosure, a person who has been
15convicted of any of the following offenses at any time shall be
16ineligible for election or appointment to a local school
17council and ineligible for appointment to a local school
18council pursuant to subsections (l) and (m) of this Section:
19(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
2011-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
2111-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
2212-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
23Section 11-14.3, of the Criminal Code of 1961 or the Criminal
24Code of 2012, or (ii) any offense committed or attempted in any
25other state or against the laws of the United States, which, if
26committed or attempted in this State, would have been

 

 

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1punishable as one or more of the foregoing offenses.
2Notwithstanding disclosure, a person who has been convicted of
3any of the following offenses within the 10 years previous to
4the date of nomination or appointment shall be ineligible for
5election or appointment to a local school council: (i) those
6defined in Section 401.1, 405.1, or 405.2 of the Illinois
7Controlled Substances Act or (ii) any offense committed or
8attempted in any other state or against the laws of the United
9States, which, if committed or attempted in this State, would
10have been punishable as one or more of the foregoing offenses.
11    Immediately upon election or appointment, incoming local
12school council members shall be required to undergo a criminal
13background investigation, to be completed prior to the member
14taking office, in order to identify any criminal convictions
15under the offenses enumerated in Section 34-18.5. The
16investigation shall be conducted by the Department of State
17Police in the same manner as provided for in Section 34-18.5.
18However, notwithstanding Section 34-18.5, the social security
19number shall be provided only if available. If it is determined
20at any time that a local school council member or member-elect
21has been convicted of any of the offenses enumerated in this
22Section or failed to disclose a conviction of any of the
23offenses enumerated in Section 34-18.5, the general
24superintendent shall notify the local school council member or
25member-elect of such determination and the local school council
26member or member-elect shall be removed from the local school

 

 

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1council by the Board, subject to a hearing, convened pursuant
2to Board rule, prior to removal.
3    (g) At least one week before the election date, the Council
4shall publicize, in the manner provided in subsection (e), the
5names of persons nominated for election.
6    (h) Voting shall be in person by secret ballot at the
7attendance center between the hours of 6:00 a.m. and 7:00 p.m.
8    (i) Candidates receiving the highest number of votes shall
9be declared elected by the Council. In cases of a tie, the
10Council shall determine the winner by lot.
11    (j) The Council shall certify the results of the election
12and shall publish the results in the minutes of the Council.
13    (k) The general superintendent shall resolve any disputes
14concerning election procedure or results and shall ensure that,
15except as provided in subsections (e) and (g), no resources of
16any attendance center shall be used to endorse or promote any
17candidate.
18    (l) Beginning with the 1995-1996 school year and in every
19even numbered year thereafter, the Board shall appoint 2
20teacher members to each local school council, except for local
21school councils for charter schools. These appointments shall
22be made in the following manner:
23        (i) The Board shall appoint 2 teachers who are employed
24    and assigned to perform the majority of their employment
25    duties at the attendance center to serve on the local
26    school council of the attendance center for a two-year term

 

 

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1    coinciding with the terms of the elected parent and
2    community members of that local school council. These
3    appointments shall be made from among those teachers who
4    are nominated in accordance with subsection (f).
5        (ii) A non-binding, advisory poll to ascertain the
6    preferences of the school staff regarding appointments of
7    teachers to the local school council for that attendance
8    center shall be conducted in accordance with the procedures
9    used to elect parent and community Council
10    representatives. At such poll, each member of the school
11    staff shall be entitled to indicate his or her preference
12    for up to 2 candidates from among those who submitted
13    statements of candidacy as described above. These
14    preferences shall be advisory only and the Board shall
15    maintain absolute discretion to appoint teacher members to
16    local school councils, irrespective of the preferences
17    expressed in any such poll.
18        (iii) In the event that a teacher representative is
19    unable to perform his or her employment duties at the
20    school due to illness, disability, leave of absence,
21    disciplinary action, or any other reason, the Board shall
22    declare a temporary vacancy and appoint a replacement
23    teacher representative to serve on the local school council
24    until such time as the teacher member originally appointed
25    pursuant to this subsection (l) resumes service at the
26    attendance center or for the remainder of the term. The

 

 

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1    replacement teacher representative shall be appointed in
2    the same manner and by the same procedures as teacher
3    representatives are appointed in subdivisions (i) and (ii)
4    of this subsection (l).
5    (l-5) Beginning with the 2017-2018 school year and in every
6even-numbered year thereafter, each charter school shall
7appoint 2 teacher members to the local school council for the
8charter school. These appointments shall be made in the
9following manner:
10        (i) The charter school shall appoint 2 teachers who are
11    employed and assigned to perform the majority of their
12    employment duties at the charter school to serve on the
13    local school council of the charter school for a 2-year
14    term coinciding with the terms of the elected parent and
15    community members of that local school council. These
16    appointments shall be made from among those teachers who
17    are nominated in accordance with subsection (f) of this
18    Section.
19        (ii) A non-binding, advisory poll to ascertain the
20    preferences of the school staff regarding appointments of
21    teachers to the local school council for that charter
22    school shall be conducted in accordance with the procedures
23    used to elect parent and community council
24    representatives. At such poll, each member of the school
25    staff shall be entitled to indicate his or her preference
26    for up to 2 candidates from among those who submitted

 

 

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1    statements of candidacy as described in subsection (f) of
2    this Section. These preferences shall be advisory only and
3    the charter school shall maintain absolute discretion to
4    appoint teacher members to the local school council,
5    irrespective of the preferences expressed in any such poll.
6        (iii) In the event that a teacher representative is
7    unable to perform his or her employment duties at the
8    charter school due to illness, disability, leave of
9    absence, disciplinary action, or any other reason, the
10    charter school shall declare a temporary vacancy and
11    appoint a replacement teacher representative to serve on
12    the local school council until such time as the teacher
13    member originally appointed pursuant to this subsection
14    (l-5) resumes service at the charter school or for the
15    remainder of the term. The replacement teacher
16    representative shall be appointed in the same manner and by
17    the same procedures as teacher representatives are
18    appointed in subdivisions (i) and (ii) of this subsection
19    (l-5).
20    (m) Beginning with the 1995-1996 school year, and in every
21year thereafter, the Board shall appoint one student member to
22each secondary attendance center that is not a charter school.
23These appointments shall be made in the following manner:
24        (i) Appointments shall be made from among those
25    students who submit statements of candidacy to the
26    principal of the attendance center, such statements to be

 

 

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

 

 

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1    principal shall communicate the results of any nonbinding,
2    advisory poll to the Board. These results shall be advisory
3    only, and the Board shall maintain absolute discretion to
4    appoint student members to local school councils,
5    irrespective of the preferences expressed in any such poll.
6    (m-5) Beginning with the 2017-2018 school year and in every
7year thereafter, each charter school shall appoint one student
8member to each secondary attendance center that is a charter
9school. These appointments shall be made in the following
10manner:
11        (i) Except as provided in subdivision (iii) of this
12    subsection (m-5), appointments shall be made from among
13    those students who submit statements of candidacy to the
14    principal of the charter school, such statements to be
15    submitted commencing on the first day of the twentieth week
16    of school and continuing for 2 weeks thereafter. The form
17    and manner of such candidacy statements shall be determined
18    by the charter school.
19        (ii) During the twenty-second week of school in every
20    year, the principal of each charter school shall conduct a
21    non-binding, advisory poll to ascertain the preferences of
22    the school's students regarding the appointment of a
23    student to the local school council for that charter
24    school. At such poll, each student shall be entitled to
25    indicate his or her preference for up to one candidate from
26    among those who submitted statements of candidacy as

 

 

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1    described in subdivision (i) of this subsection (m-5). The
2    charter school shall adopt rules to ensure that these
3    non-binding, advisory polls are conducted in a fair and
4    equitable manner and maximize the involvement of all school
5    students. The preferences expressed in these non-binding,
6    advisory polls shall be transmitted by the principal to the
7    charter school. However, these preferences shall be
8    advisory only and the charter school shall maintain
9    absolute discretion to appoint student members to the local
10    school council, irrespective of the preferences expressed
11    in any such poll.
12        (iii) For the 2017-2018 school year only, appointments
13    shall be made from among those students who submitted
14    statements of candidacy to the principal of the charter
15    school during the first 2 weeks of the school year. The
16    principal shall communicate the results of any
17    non-binding, advisory poll to the charter school. These
18    results shall be advisory only, and the charter school
19    shall maintain absolute discretion to appoint student
20    members to the local school council, irrespective of the
21    preferences expressed in any such poll.
22    (n) The Board may promulgate such other rules and
23regulations for election procedures as may be deemed necessary
24to ensure fair elections.
25    (o) In the event that a vacancy occurs during a member's
26term, the Council shall appoint a person eligible to serve on

 

 

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1the Council, to fill the unexpired term created by the vacancy,
2except that any teacher vacancy shall be filled by the Board
3or, in the case of a charter school, the charter school shall
4fill the vacancy, after considering the preferences of the
5school staff as ascertained through a non-binding advisory poll
6of school staff.
7    (p) If less than the specified number of persons is elected
8within each candidate category, the newly elected local school
9council shall appoint eligible persons to serve as members of
10the Council for two-year terms.
11    (q) The Board shall promulgate rules regarding conflicts of
12interest and disclosure of economic interests which shall apply
13to local school council members and which shall require reports
14or statements to be filed by Council members at regular
15intervals with the Secretary of the Board. Failure to comply
16with such rules or intentionally falsifying such reports shall
17be grounds for disqualification from local school council
18membership. A vacancy on the Council for disqualification may
19be so declared by the Secretary of the Board. Rules regarding
20conflicts of interest and disclosure of economic interests
21promulgated by the Board shall apply to local school council
22members. No less than 45 days prior to the deadline, the
23general superintendent shall provide notice, by mail, to each
24local school council member of all requirements and forms for
25compliance with economic interest statements.
26    (r) (1) If a parent member of a local school council ceases

 

 

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1to have any child enrolled in the attendance center governed by
2the Local School Council due to the graduation or voluntary
3transfer of a child or children from the attendance center, the
4parent's membership on the Local School Council and all voting
5rights are terminated immediately as of the date of the child's
6graduation or voluntary transfer. If the child of a parent
7member of a local school council dies during the member's term
8in office, the member may continue to serve on the local school
9council for the balance of his or her term. Further, a local
10school council member may be removed from the Council by a
11majority vote of the Council as provided in subsection (c) of
12Section 34-2.2 if the Council member has missed 3 consecutive
13regular meetings, not including committee meetings, or 5
14regular meetings in a 12 month period, not including committee
15meetings. If a parent member of a local school council ceases
16to be eligible to serve on the Council for any other reason, he
17or she shall be removed by the Board subject to a hearing,
18convened pursuant to Board rule, prior to removal. A vote to
19remove a Council member by the local school council shall only
20be valid if the Council member has been notified personally or
21by certified mail, mailed to the person's last known address,
22of the Council's intent to vote on the Council member's removal
23at least 7 days prior to the vote. The Council member in
24question shall have the right to explain his or her actions and
25shall be eligible to vote on the question of his or her removal
26from the Council. The provisions of this subsection shall be

 

 

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1contained within the petitions used to nominate Council
2candidates.
3    (2) A person may continue to serve as a community resident
4member of a local school council as long as he or she resides
5in the attendance area served by the school or, in the case of
6a charter school, resides within the attendance area served by
7the local attendance area school in which the charter school is
8located and is not employed by the Board, any charter
9management organization, or any educational management
10organization nor is a parent of a student enrolled at the
11school. If a community resident member ceases to be eligible to
12serve on the Council, he or she shall be removed by the Board
13subject to a hearing, convened pursuant to Board rule, prior to
14removal.
15    (3) A person may continue to serve as a teacher member of a
16local school council as long as he or she is employed and
17assigned to perform a majority of his or her duties at the
18school, provided that if the teacher representative resigns
19from employment with the Board or, in the case of a charter
20school, resigns from employment with the charter school, or
21voluntarily transfers to another school, the teacher's
22membership on the local school council and all voting rights
23are terminated immediately as of the date of the teacher's
24resignation or upon the date of the teacher's voluntary
25transfer to another school. If a teacher member of a local
26school council ceases to be eligible to serve on a local school

 

 

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1council for any other reason, that member shall be removed by
2the Board subject to a hearing, convened pursuant to Board
3rule, prior to removal.
4    (s) As used in this Section only, "community resident"
5means a person, 17 years of age or older, residing within an
6attendance area served by a school, excluding any person who is
7a parent of a student enrolled in that school; provided that
8with respect to any multi-area school, community resident means
9any person, 17 years of age or older, residing within the
10voting district established for that school pursuant to Section
1134-2.1c, excluding any person who is a parent of a student
12enrolled in that school. With respect to any charter school,
13"community resident" means any person, 17 years of age or
14older, residing within the attendance area served by the local
15attendance area school in which the charter school is located.
16This definition does not apply to any provisions concerning
17school boards.
18(Source: P.A. 99-597, eff. 1-1-17.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.