HB3239ham001 99TH GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 4/6/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3239

2    AMENDMENT NO. ______. Amend House Bill 3239 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1employment duties at the attendance center who is not a
2teacher, and 2 community residents. Neither the parents nor the
3community residents who serve as members of the local school
4council shall be employees of the Board of Education. In each
5secondary attendance center, the local school council shall
6consist of 13 voting members -- the 12 voting members described
7above and one full-time student member, elected by students
8beginning with the 2016 local school council election appointed
9as provided in subsection (m) below. In the event that the
10chief executive officer of the Chicago School Reform Board of
11Trustees determines that a local school council is not carrying
12out its financial duties effectively, the chief executive
13officer is authorized to appoint a representative of the
14business community with experience in finance and management to
15serve as an advisor to the local school council for the purpose
16of providing advice and assistance to the local school council
17on fiscal matters. The advisor shall have access to relevant
18financial records of the local school council. The advisor may
19attend executive sessions. The chief executive officer shall
20issue a written policy defining the circumstances under which a
21local school council is not carrying out its financial duties
22effectively.
23    (b) Within 7 days of January 11, 1991, the Mayor shall
24appoint the members and officers (a Chairperson who shall be a
25parent member and a Secretary) of each local school council who
26shall hold their offices until their successors shall be

 

 

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1elected and qualified. Members so appointed shall have all the
2powers and duties of local school councils as set forth in this
3amendatory Act of 1991. The Mayor's appointments shall not
4require approval by the City Council.
5    The membership of each local school council shall be
6encouraged to be reflective of the racial and ethnic
7composition of the student population of the attendance center
8served by the local school council.
9    (c) The Beginning with the 1995-1996 school year and in
10every even-numbered year thereafter, the Board shall set second
11semester Parent Report Card Pick-up Day for Local School
12Council elections and may schedule elections at year-round
13schools for the same dates as the remainder of the school
14system. Parent and community resident members of local school
15councils shall be elected in every even-numbered year. Student
16members of high school councils shall be elected every year by
17eligible student voters. Elections shall be conducted as
18provided herein by the Board of Education in consultation with
19the local school council at each attendance center.
20    (d) The Beginning with the 1995-96 school year, the
21following procedures shall apply to the election of local
22school council members at each attendance center, with
23subdivisions (i) through (vi) applying to members other than
24student members:
25        (i) The elected members of each local school council
26    shall consist of the 6 parent members and the 2 community

 

 

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1    resident members.
2        (ii) Each elected member shall be elected by the
3    eligible voters of that attendance center to serve for a
4    two-year term commencing on July 1 immediately following
5    the election described in subsection (c). Eligible voters
6    for each attendance center shall consist of the parents and
7    community residents for that attendance center and, for a
8    secondary attendance center, all students enrolled at that
9    secondary attendance center who are 17 years of age or
10    older or who are 16 years of age but will turn 17 years of
11    age before the start of the local school council's next
12    term.
13        (iii) Each eligible voter shall be entitled to cast one
14    vote for up to a total of 5 candidates, irrespective of
15    whether such candidates are parent or community resident
16    candidates.
17        (iv) Each parent voter shall be entitled to vote in the
18    local school council election at each attendance center in
19    which he or she has a child currently enrolled. Each
20    community resident voter shall be entitled to vote in the
21    local school council election at each attendance center for
22    which he or she resides in the applicable attendance area
23    or voting district, as the case may be. Each student voter
24    shall be entitled to vote in the local school council
25    election for the secondary attendance center in which he or
26    she is enrolled.

 

 

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1        (v) Each eligible voter shall be entitled to vote once,
2    but not more than once, in the local school council
3    election at each attendance center at which the voter is
4    eligible to vote.
5        (vi) The 2 teacher members and the non-teacher employee
6    member of each local school council shall be appointed as
7    provided in subsection (l) below each to serve for a
8    two-year term coinciding with that of the elected parent
9    and community resident members.
10        (vii) At secondary attendance centers, the voting
11    student member shall be elected by all 10th and 11th grade
12    students enrolled at the secondary attendance center.
13    Student voters are entitled to cast one vote for a student
14    candidate in addition to being eligible to vote for parent
15    and community resident candidates under this subsection
16    (d). A student member shall be elected appointed as
17    provided in subsection (m) below to serve for a one-year
18    term coinciding with the beginning of the terms of the
19    elected parent and community members of the local school
20    council. In order to be eligible to be a student member, a
21    person must attend the secondary attendance center for
22    which he or she is running as a member of the local school
23    council and must be 17 years of age or older or 16 years of
24    age so long as the student will turn 17 years of age before
25    the start of the local school council's next term.
26    (e) The Council shall publicize the date and place of the

 

 

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

 

 

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1she ever has been convicted of any of the offenses specified in
2subsection (c) of Section 34-18.5; provided that neither this
3provision nor any other provision of this Section shall be
4deemed to require the disclosure of any information that is
5contained in any law enforcement record or juvenile court
6record that is confidential or whose accessibility or
7disclosure is restricted or prohibited under Section 5-901 or
85-905 of the Juvenile Court Act of 1987. Failure to make such
9disclosure shall render a person ineligible for election or to
10serve on the local school council. The same disclosure shall be
11required of persons under consideration for appointment to the
12Council pursuant to subsection subsections (l) and (m) of this
13Section.
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 subsection subsections (l) and (m) of this
19Section: (i) those defined in Section 11-1.20, 11-1.30,
2011-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16,
2111-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
2212-13, 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2)
23of Section 11-14.3, of the Criminal Code of 1961 or the
24Criminal Code of 2012, or (ii) any offense committed or
25attempted in any other state or against the laws of the United
26States, which, if committed or attempted in this State, would

 

 

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1have been punishable 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. These
21appointments shall be made in the following manner:
22        (i) The Board shall appoint 2 teachers who are employed
23    and assigned to perform the majority of their employment
24    duties at the attendance center to serve on the local
25    school council of the attendance center for a two-year term
26    coinciding with the terms of the elected parent and

 

 

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

 

 

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1    the same manner and by the same procedures as teacher
2    representatives are appointed in subdivisions (i) and (ii)
3    of this subsection (l).
4    (m) (Blank). Beginning with the 1995-1996 school year, and
5in every year thereafter, the Board shall appoint one student
6member to each secondary attendance center. These appointments
7shall be made in the following manner:
8        (i) Appointments shall be made from among those
9    students who submit statements of candidacy to the
10    principal of the attendance center, such statements to be
11    submitted commencing on the first day of the twentieth week
12    of school and continuing for 2 weeks thereafter. The form
13    and manner of such candidacy statements shall be determined
14    by the Board.
15        (ii) During the twenty-second week of school in every
16    year, the principal of each attendance center shall conduct
17    a non-binding, advisory poll to ascertain the preferences
18    of the school students regarding the appointment of a
19    student to the local school council for that attendance
20    center. At such poll, each student shall be entitled to
21    indicate his or her preference for up to one candidate from
22    among those who submitted statements of candidacy as
23    described above. The Board shall promulgate rules to ensure
24    that these non-binding, advisory polls are conducted in a
25    fair and equitable manner and maximize the involvement of
26    all school students. The preferences expressed in these

 

 

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1    non-binding, advisory polls shall be transmitted by the
2    principal to the Board. However, these preferences shall be
3    advisory only and the Board shall maintain absolute
4    discretion to appoint student members to local school
5    councils, irrespective of the preferences expressed in any
6    such poll.
7        (iii) For the 1995-96 school year only, appointments
8    shall be made from among those students who submitted
9    statements of candidacy to the principal of the attendance
10    center during the first 2 weeks of the school year. The
11    principal shall communicate the results of any nonbinding,
12    advisory poll to the Board. These results shall be advisory
13    only, and the Board shall maintain absolute discretion to
14    appoint student members to local school councils,
15    irrespective of the preferences expressed in any such poll.
16    (n) The Board may promulgate such other rules and
17regulations for election procedures as may be deemed necessary
18to ensure fair elections.
19    (o) In the event that a vacancy occurs during a member's
20term, the Council shall appoint a person eligible to serve on
21the Council, to fill the unexpired term created by the vacancy,
22except that any teacher vacancy shall be filled by the Board
23after considering the preferences of the school staff as
24ascertained through a non-binding advisory poll of school
25staff.
26    (p) If less than the specified number of persons is elected

 

 

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1within each candidate category, the newly elected local school
2council shall appoint eligible persons to serve as members of
3the Council for 2-year two-year terms or, in the case of a
4student member of a high school council, appoint an eligible
5person to serve a one-year term.
6    (q) The Board shall promulgate rules regarding conflicts of
7interest and disclosure of economic interests which shall apply
8to local school council members and which shall require reports
9or statements to be filed by Council members at regular
10intervals with the Secretary of the Board. Failure to comply
11with such rules or intentionally falsifying such reports shall
12be grounds for disqualification from local school council
13membership. A vacancy on the Council for disqualification may
14be so declared by the Secretary of the Board. Rules regarding
15conflicts of interest and disclosure of economic interests
16promulgated by the Board shall apply to local school council
17members. No less than 45 days prior to the deadline, the
18general superintendent shall provide notice, by mail, to each
19local school council member of all requirements and forms for
20compliance with economic interest statements.
21    (r) (1) If a parent member of a local school council ceases
22to have any child enrolled in the attendance center governed by
23the Local School Council due to the graduation or voluntary
24transfer of a child or children from the attendance center, the
25parent's membership on the Local School Council and all voting
26rights are terminated immediately as of the date of the child's

 

 

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

 

 

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1by the Board nor is a parent of a student enrolled at the
2school. If a community resident member ceases to be eligible to
3serve on the Council, he or she shall be removed by the Board
4subject to a hearing, convened pursuant to Board rule, prior to
5removal.
6    (3) A person may continue to serve as a teacher member of a
7local school council as long as he or she is employed and
8assigned to perform a majority of his or her duties at the
9school, provided that if the teacher representative resigns
10from employment with the Board or voluntarily transfers to
11another school, the teacher's membership on the local school
12council and all voting rights are terminated immediately as of
13the date of the teacher's resignation or upon the date of the
14teacher's voluntary transfer to another school. If a teacher
15member of a local school council ceases to be eligible to serve
16on a local school council for any other reason, that member
17shall be removed by the Board subject to a hearing, convened
18pursuant to Board rule, prior to removal.
19    (4) A person may continue to serve as a student member of a
20high school council as long as he or she is enrolled in the
21attendance center governed by the council. However, a student
22graduating from that attendance center at the end of the school
23year may continue to serve for the remainder of his or her
24term. If a student member ceases to be eligible to serve on the
25council, he or she shall be removed by the Board subject to a
26hearing, convened pursuant to Board rule, prior to removal.

 

 

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1(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
297-1150, eff. 1-25-13.)".