Illinois General Assembly - Full Text of HB3239
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Full Text of HB3239  99th General Assembly

HB3239 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3239

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

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

    Amends the Chicago School District Article of the School Code. With respect to the student member of a local school council for a secondary attendance center, provides for his or her a election by 10th and 11th grade students (instead of being appointed by the Chicago Board of Education after a non-binding, advisory poll of student preferences); makes related changes. Requires a person to be in the 12th grade at the beginning of the school year coinciding with his or her term in order to be eligible to be a student member. Allows 10th and 11th grade students to vote for parent and community resident members of a high school council.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
534-2.1 as follows:
 
6    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
7    Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9    (a) A local school council shall be established for each
10attendance center within the school district. Each local school
11council shall consist of the following 12 voting members: the
12principal of the attendance center, 2 teachers employed and
13assigned to perform the majority of their employment duties at
14the attendance center, 6 parents of students currently enrolled
15at the attendance center, one employee of the school district
16employed and assigned to perform the majority of his or her
17employment duties at the attendance center who is not a
18teacher, and 2 community residents. Neither the parents nor the
19community residents who serve as members of the local school
20council shall be employees of the Board of Education. In each
21secondary attendance center, the local school council shall
22consist of 13 voting members -- the 12 voting members described
23above and one full-time student member, elected by students

 

 

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1beginning with the 2016 local school council election appointed
2as provided in subsection (m) below. In the event that the
3chief executive officer of the Chicago School Reform Board of
4Trustees determines that a local school council is not carrying
5out its financial duties effectively, the chief executive
6officer is authorized to appoint a representative of the
7business community with experience in finance and management to
8serve as an advisor to the local school council for the purpose
9of providing advice and assistance to the local school council
10on fiscal matters. The advisor shall have access to relevant
11financial records of the local school council. The advisor may
12attend executive sessions. The chief executive officer shall
13issue a written policy defining the circumstances under which a
14local school council is not carrying out its financial duties
15effectively.
16    (b) Within 7 days of January 11, 1991, the Mayor shall
17appoint the members and officers (a Chairperson who shall be a
18parent member and a Secretary) of each local school council who
19shall hold their offices until their successors shall be
20elected and qualified. Members so appointed shall have all the
21powers and duties of local school councils as set forth in this
22amendatory Act of 1991. The Mayor's appointments shall not
23require approval by the City Council.
24    The membership of each local school council shall be
25encouraged to be reflective of the racial and ethnic
26composition of the student population of the attendance center

 

 

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

 

 

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

 

 

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1    student member shall be elected by all 10th and 11th grade
2    students enrolled at the secondary attendance center.
3    Student voters are entitled to cast one vote for a student
4    candidate in addition to being eligible to vote for parent
5    and community resident candidates under this subsection
6    (d). A student member shall be elected appointed as
7    provided in subsection (m) below to serve for a one-year
8    term coinciding with the beginning of the terms of the
9    elected parent and community members of the local school
10    council. In order to be eligible to be a student member, a
11    person must be in the 12th grade at the beginning of the
12    school year coinciding with his or her term.
13    (e) The Council shall publicize the date and place of the
14election by posting notices at the attendance center, in public
15places within the attendance boundaries of the attendance
16center and by distributing notices to the pupils at the
17attendance center, and shall utilize such other means as it
18deems necessary to maximize the involvement of all eligible
19voters.
20    (f) Nomination. The Council shall publicize the opening of
21nominations by posting notices at the attendance center, in
22public places within the attendance boundaries of the
23attendance center and by distributing notices to the pupils at
24the attendance center, and shall utilize such other means as it
25deems necessary to maximize the involvement of all eligible
26voters. Not less than 2 weeks before the election date, persons

 

 

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1eligible to run for the Council shall submit their name, date
2of birth, social security number, if available, and some
3evidence of eligibility to the Council. The Council shall
4encourage nomination of candidates reflecting the
5racial/ethnic population of the students at the attendance
6center. Each person nominated who runs as a candidate shall
7disclose, in a manner determined by the Board, any economic
8interest held by such person, by such person's spouse or
9children, or by each business entity in which such person has
10an ownership interest, in any contract with the Board, any
11local school council or any public school in the school
12district. Each person nominated who runs as a candidate shall
13also disclose, in a manner determined by the Board, if he or
14she ever has been convicted of any of the offenses specified in
15subsection (c) of Section 34-18.5; provided that neither this
16provision nor any other provision of this Section shall be
17deemed to require the disclosure of any information that is
18contained in any law enforcement record or juvenile court
19record that is confidential or whose accessibility or
20disclosure is restricted or prohibited under Section 5-901 or
215-905 of the Juvenile Court Act of 1987. Failure to make such
22disclosure shall render a person ineligible for election or to
23serve on the local school council. The same disclosure shall be
24required of persons under consideration for appointment to the
25Council pursuant to subsection subsections (l) and (m) of this
26Section.

 

 

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1    (f-5) Notwithstanding disclosure, a person who has been
2convicted of any of the following offenses at any time shall be
3ineligible for election or appointment to a local school
4council and ineligible for appointment to a local school
5council pursuant to subsection subsections (l) and (m) of this
6Section: (i) those defined in Section 11-1.20, 11-1.30,
711-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16,
811-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
912-13, 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2)
10of Section 11-14.3, of the Criminal Code of 1961 or the
11Criminal Code of 2012, or (ii) any offense committed or
12attempted in any other state or against the laws of the United
13States, which, if committed or attempted in this State, would
14have been punishable as one or more of the foregoing offenses.
15Notwithstanding disclosure, a person who has been convicted of
16any of the following offenses within the 10 years previous to
17the date of nomination or appointment shall be ineligible for
18election or appointment to a local school council: (i) those
19defined in Section 401.1, 405.1, or 405.2 of the Illinois
20Controlled Substances Act or (ii) any offense committed or
21attempted in any other state or against the laws of the United
22States, which, if committed or attempted in this State, would
23have been punishable as one or more of the foregoing offenses.
24    Immediately upon election or appointment, incoming local
25school council members shall be required to undergo a criminal
26background investigation, to be completed prior to the member

 

 

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1taking office, in order to identify any criminal convictions
2under the offenses enumerated in Section 34-18.5. The
3investigation shall be conducted by the Department of State
4Police in the same manner as provided for in Section 34-18.5.
5However, notwithstanding Section 34-18.5, the social security
6number shall be provided only if available. If it is determined
7at any time that a local school council member or member-elect
8has been convicted of any of the offenses enumerated in this
9Section or failed to disclose a conviction of any of the
10offenses enumerated in Section 34-18.5, the general
11superintendent shall notify the local school council member or
12member-elect of such determination and the local school council
13member or member-elect shall be removed from the local school
14council by the Board, subject to a hearing, convened pursuant
15to Board rule, prior to removal.
16    (g) At least one week before the election date, the Council
17shall publicize, in the manner provided in subsection (e), the
18names of persons nominated for election.
19    (h) Voting shall be in person by secret ballot at the
20attendance center between the hours of 6:00 a.m. and 7:00 p.m.
21    (i) Candidates receiving the highest number of votes shall
22be declared elected by the Council. In cases of a tie, the
23Council shall determine the winner by lot.
24    (j) The Council shall certify the results of the election
25and shall publish the results in the minutes of the Council.
26    (k) The general superintendent shall resolve any disputes

 

 

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1concerning election procedure or results and shall ensure that,
2except as provided in subsections (e) and (g), no resources of
3any attendance center shall be used to endorse or promote any
4candidate.
5    (l) Beginning with the 1995-1996 school year and in every
6even numbered year thereafter, the Board shall appoint 2
7teacher members to each local school council. These
8appointments shall be made in the following manner:
9        (i) The Board shall appoint 2 teachers who are employed
10    and assigned to perform the majority of their employment
11    duties at the attendance center to serve on the local
12    school council of the attendance center for a two-year term
13    coinciding with the terms of the elected parent and
14    community members of that local school council. These
15    appointments shall be made from among those teachers who
16    are nominated in accordance with subsection (f).
17        (ii) A non-binding, advisory poll to ascertain the
18    preferences of the school staff regarding appointments of
19    teachers to the local school council for that attendance
20    center shall be conducted in accordance with the procedures
21    used to elect parent and community Council
22    representatives. At such poll, each member of the school
23    staff shall be entitled to indicate his or her preference
24    for up to 2 candidates from among those who submitted
25    statements of candidacy as described above. These
26    preferences shall be advisory only and the Board shall

 

 

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1    maintain absolute discretion to appoint teacher members to
2    local school councils, irrespective of the preferences
3    expressed in any such poll.
4        (iii) In the event that a teacher representative is
5    unable to perform his or her employment duties at the
6    school due to illness, disability, leave of absence,
7    disciplinary action, or any other reason, the Board shall
8    declare a temporary vacancy and appoint a replacement
9    teacher representative to serve on the local school council
10    until such time as the teacher member originally appointed
11    pursuant to this subsection (l) resumes service at the
12    attendance center or for the remainder of the term. The
13    replacement teacher representative shall be appointed in
14    the same manner and by the same procedures as teacher
15    representatives are appointed in subdivisions (i) and (ii)
16    of this subsection (l).
17    (m) (Blank). Beginning with the 1995-1996 school year, and
18in every year thereafter, the Board shall appoint one student
19member to each secondary attendance center. These appointments
20shall be made in the following manner:
21        (i) Appointments shall be made from among those
22    students who submit statements of candidacy to the
23    principal of the attendance center, such statements to be
24    submitted commencing on the first day of the twentieth week
25    of school and continuing for 2 weeks thereafter. The form
26    and manner of such candidacy statements shall be determined

 

 

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

 

 

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1    appoint student members to local school councils,
2    irrespective of the preferences expressed in any such poll.
3    (n) The Board may promulgate such other rules and
4regulations for election procedures as may be deemed necessary
5to ensure fair elections.
6    (o) In the event that a vacancy occurs during a member's
7term, the Council shall appoint a person eligible to serve on
8the Council, to fill the unexpired term created by the vacancy,
9except that any teacher vacancy shall be filled by the Board
10after considering the preferences of the school staff as
11ascertained through a non-binding advisory poll of school
12staff.
13    (p) If less than the specified number of persons is elected
14within each candidate category, the newly elected local school
15council shall appoint eligible persons to serve as members of
16the Council for 2-year two-year terms or, in the case of a
17student member of a high school council, appoint an eligible
18person to serve a one-year term.
19    (q) The Board shall promulgate rules regarding conflicts of
20interest and disclosure of economic interests which shall apply
21to local school council members and which shall require reports
22or statements to be filed by Council members at regular
23intervals with the Secretary of the Board. Failure to comply
24with such rules or intentionally falsifying such reports shall
25be grounds for disqualification from local school council
26membership. A vacancy on the Council for disqualification may

 

 

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

 

 

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

 

 

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1teacher's voluntary transfer to another school. If a teacher
2member of a local school council ceases to be eligible to serve
3on a local school council for any other reason, that member
4shall be removed by the Board subject to a hearing, convened
5pursuant to Board rule, prior to removal.
6    (4) A person may continue to serve as a student member of a
7high school council as long as he or she is enrolled in the
8attendance center governed by the council. However, a student
9graduating from that attendance center at the end of the school
10year may continue to serve for the remainder of his or her
11term. If a student member ceases to be eligible to serve on the
12council, he or she shall be removed by the Board subject to a
13hearing, convened pursuant to Board rule, prior to removal.
14(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
1597-1150, eff. 1-25-13.)