Illinois General Assembly - Full Text of SB0453
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Full Text of SB0453  101st General Assembly

SB0453eng 101ST GENERAL ASSEMBLY

  
  
  

 


 
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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, appointed as provided

 

 

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

 

 

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

 

 

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

 

 

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1    (f) Nomination. The Council shall publicize the opening of
2nominations by posting notices at the attendance center, in
3public places within the attendance boundaries of the
4attendance center and by distributing notices to the pupils at
5the attendance center, and shall utilize such other means as it
6deems necessary to maximize the involvement of all eligible
7voters. Not less than 2 weeks before the election date, persons
8eligible to run for the Council shall submit their name, date
9of birth, social security number, if available, and some
10evidence of eligibility to the Council. The Council shall
11encourage nomination of candidates reflecting the
12racial/ethnic population of the students at the attendance
13center. Each person nominated who runs as a candidate shall
14disclose, in a manner determined by the Board, any economic
15interest held by such person, by such person's spouse or
16children, or by each business entity in which such person has
17an ownership interest, in any contract with the Board, any
18local school council or any public school in the school
19district. Each person nominated who runs as a candidate shall
20also disclose, in a manner determined by the Board, if he or
21she ever has been convicted of any of the offenses specified in
22subsection (c) of Section 34-18.5; provided that neither this
23provision nor any other provision of this Section shall be
24deemed to require the disclosure of any information that is
25contained in any law enforcement record or juvenile court
26record that is confidential or whose accessibility or

 

 

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1disclosure is restricted or prohibited under Section 5-901 or
25-905 of the Juvenile Court Act of 1987. Failure to make such
3disclosure shall render a person ineligible for election or to
4serve on the local school council. The same disclosure shall be
5required of persons under consideration for appointment to the
6Council pursuant to subsections (l) and (m) of this Section.
7    (f-5) An individual is ineligible for election or
8appointment to a local school council if he or she appears on
9the Dru Sjodin National Sex Offender Public Website or the
10Statewide Sex Offender Database or Statewide Murderer and
11Violent Offender Against Youth Database under Section 34-18.5.
12If the general superintendent, upon a check, determines at any
13time that a local school council member or member-elect appears
14on the Dru Sjodin National Sex Offender Public Website or the
15Statewide Sex Offender Database or Statewide Murderer and
16Violent Offender Against Youth Database, the general
17superintendent must notify the local school council member or
18member-elect of such determination and the local school council
19member or member-elect must be removed from the local school
20council by the board, subject to a hearing, convened pursuant
21to board rule, prior to removal.
22    Notwithstanding any other provision of law to the contrary,
23a local school council member must comply with all applicable
24board rules and policies regarding employees or volunteers if
25he or she engages in school activities beyond the scope of his
26or her official duty as a council member. Notwithstanding

 

 

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1disclosure, a person who has been convicted of any of the
2following offenses at any time shall be ineligible for election
3or appointment to a local school council and ineligible for
4appointment to a local school council pursuant to subsections
5(l) and (m) of this Section: (i) those defined in Section
611-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1,
711-14.4, 11-16, 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
811-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, or 12-16, or
9subdivision (a)(2) of Section 11-14.3, of the Criminal Code of
101961 or the Criminal Code of 2012, or (ii) any offense
11committed or attempted in any other state or against the laws
12of the United States, which, if committed or attempted in this
13State, would have been punishable as one or more of the
14foregoing offenses. Notwithstanding disclosure, a person who
15has been convicted of any of the following offenses within the
1610 years previous to the date of nomination or appointment
17shall be ineligible for election or appointment to a local
18school council: (i) those defined in Section 401.1, 405.1, or
19405.2 of the Illinois Controlled Substances Act or (ii) any
20offense committed or attempted in any other state or against
21the laws of the United States, which, if committed or attempted
22in this State, would have been punishable as one or more of the
23foregoing 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) Beginning with the 1995-1996 school year, and in every
18year thereafter, the Board shall appoint one student member to
19each secondary attendance center. These appointments shall be
20made 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 two-year terms.
17    (q) The Board shall promulgate rules regarding conflicts of
18interest and disclosure of economic interests which shall apply
19to local school council members and which shall require reports
20or statements to be filed by Council members at regular
21intervals with the Secretary of the Board. Failure to comply
22with such rules or intentionally falsifying such reports shall
23be grounds for disqualification from local school council
24membership. A vacancy on the Council for disqualification may
25be so declared by the Secretary of the Board. Rules regarding
26conflicts of interest and disclosure of economic interests

 

 

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

 

 

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

 

 

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1on a local school council for any other reason, that member
2shall be removed by the Board subject to a hearing, convened
3pursuant to Board rule, 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. This definition does not apply to any
13provisions concerning school boards.
14(Source: P.A. 99-597, eff. 1-1-17.)