Illinois General Assembly - Full Text of SB0101
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Full Text of SB0101  102nd General Assembly

SB0101ham002 102ND GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 10/27/2021

 

 


 

 


 
10200SB0101ham002LRB102 10486 CMG 30255 a

1
AMENDMENT TO SENATE BILL 101

2    AMENDMENT NO. ______. Amend Senate Bill 101, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing
6Sections 34-2.1, 34-2.2, 34-2.3, 34-2.4b, and 34-8.3 as
7follows:
 
8    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
9    Sec. 34-2.1. Local school councils; composition; voter
10eligibility; elections; terms School Councils - Composition -
11Voter-Eligibility - Elections - Terms.
12    (a) Beginning with the first local school council election
13that occurs after the effective date of this amendatory Act of
14the 102nd General Assembly, a A local school council shall be
15established for each attendance center within the school
16district, including public small schools within the district.

 

 

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1Each local school council shall consist of the following 12
2voting members: the principal of the attendance center, 2
3teachers employed and assigned to perform the majority of
4their employment duties at the attendance center, 6 parents of
5students currently enrolled at the attendance center, one
6employee of the school district employed and assigned to
7perform the majority of his or her employment duties at the
8attendance center who is not a teacher, and 2 community
9residents. Neither the parents nor the community residents who
10serve as members of the local school council shall be
11employees of the Board of Education. In each secondary
12attendance center, the local school council shall consist of
1313 voting members through the 2020-2021 school year, the 12
14voting members described above and one full-time student
15member, and 15 voting members beginning with the 2021-2022
16school year, the 12 voting members described above and 3
17full-time student members, appointed as provided in subsection
18(m) below. In each attendance center enrolling students in 7th
19and 8th grade, one full-time student member shall be appointed
20as provided in subsection (m) of this Section. In the event
21that the chief executive officer of the Chicago School Reform
22Board of Trustees determines that a local school council is
23not carrying out its financial duties effectively, the chief
24executive officer is authorized to appoint a representative of
25the business community with experience in finance and
26management to serve as an advisor to the local school council

 

 

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1for the purpose of providing advice and assistance to the
2local school council on fiscal matters. The advisor shall have
3access to relevant financial records of the local school
4council. The advisor may attend executive sessions. The chief
5executive officer shall issue a written policy defining the
6circumstances under which a local school council is not
7carrying out its financial duties effectively.
8    (b) Within 7 days of January 11, 1991, the Mayor shall
9appoint the members and officers (a Chairperson who shall be a
10parent member and a Secretary) of each local school council
11who shall hold their offices until their successors shall be
12elected and qualified. Members so appointed shall have all the
13powers and duties of local school councils as set forth in
14Public Act 86-1477 this amendatory Act of 1991. The Mayor's
15appointments shall not require approval by the City Council.
16    The membership of each local school council shall be
17encouraged to be reflective of the racial and ethnic
18composition of the student population of the attendance center
19served by the local school council.
20    (c) Beginning with the 1995-1996 school year and in every
21even-numbered year thereafter, the Board shall set second
22semester Parent Report Card Pick-up Day for Local School
23Council elections and may schedule elections at year-round
24schools for the same dates as the remainder of the school
25system. Elections shall be conducted as provided herein by the
26Board of Education in consultation with the local school

 

 

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1council at each attendance center.
2    (c-5) Notwithstanding subsection (c), for the local school
3council election set for the 2019-2020 school year, the Board
4may hold the election on the first semester Parent Report Card
5Pick-up Day of the 2020-2021 school year, making any necessary
6modifications to the election process or date to comply with
7guidance from the Department of Public Health and the federal
8Centers for Disease Control and Prevention. The terms of
9office of all local school council members eligible to serve
10and seated on or after March 23, 2020 through January 10, 2021
11are extended through January 10, 2021, provided that the
12members continue to meet eligibility requirements for local
13school council membership.
14    (d) Beginning with the 1995-96 school year, the following
15procedures shall apply to the election of local school council
16members at each attendance center:
17        (i) The elected members of each local school council
18    shall consist of the 6 parent members and the 2 community
19    resident members.
20        (ii) Each elected member shall be elected by the
21    eligible voters of that attendance center to serve for a
22    two-year term commencing on July 1 immediately following
23    the election described in subsection (c), except that the
24    terms of members elected to a local school council under
25    subsection (c-5) shall commence on January 11, 2021 and
26    end on July 1, 2022. Eligible voters for each attendance

 

 

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1    center shall consist of the parents and community
2    residents for that attendance center.
3        (iii) Each eligible voter shall be entitled to cast
4    one 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
8    the local school council election at each attendance
9    center in which he or she has a child currently enrolled.
10    Each community resident voter shall be entitled to vote in
11    the local school council election at each attendance
12    center for which he or she resides in the applicable
13    attendance area or voting district, as the case may be.
14        (v) Each eligible voter shall be entitled to vote
15    once, but not more than once, in the local school council
16    election at each attendance center at which the voter is
17    eligible to vote.
18        (vi) The 2 teacher members and the non-teacher
19    employee member of each local school council shall be
20    appointed as provided in subsection (l) below each to
21    serve for a two-year term coinciding with that of the
22    elected parent and community resident members. From March
23    23, 2020 through January 10, 2021, the chief executive
24    officer or his or her designee may make accommodations to
25    fill the vacancy of a teacher or non-teacher employee
26    member of a local school council.

 

 

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1        (vii) At secondary attendance centers and attendance
2    centers enrolling students in 7th and 8th grade, the
3    voting student members shall be appointed as provided in
4    subsection (m) below to serve for a one-year term
5    coinciding with the beginning of the terms of the elected
6    parent and community members of the local school council.
7    For the 2020-2021 school year, the chief executive officer
8    or his or her designee may make accommodations to fill the
9    vacancy of a student member of a local school council.
10    (e) The Council shall publicize the date and place of the
11election by posting notices at the attendance center, in
12public places within the attendance boundaries of the
13attendance center and by distributing notices to the pupils at
14the attendance center, and shall utilize such other means as
15it deems necessary to maximize the involvement of all eligible
16voters.
17    (f) Nomination. The Council shall publicize the opening of
18nominations by posting notices at the attendance center, in
19public places within the attendance boundaries of the
20attendance center and by distributing notices to the pupils at
21the attendance center, and shall utilize such other means as
22it deems necessary to maximize the involvement of all eligible
23voters. Not less than 2 weeks before the election date,
24persons eligible to run for the Council shall submit their
25name, date of birth, social security number, if available, and
26some evidence of eligibility to the Council. The Council shall

 

 

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1encourage nomination of candidates reflecting the
2racial/ethnic population of the students at the attendance
3center. Each person nominated who runs as a candidate shall
4disclose, in a manner determined by the Board, any economic
5interest held by such person, by such person's spouse or
6children, or by each business entity in which such person has
7an ownership interest, in any contract with the Board, any
8local school council or any public school in the school
9district. Each person nominated who runs as a candidate shall
10also disclose, in a manner determined by the Board, if he or
11she ever has been convicted of any of the offenses specified in
12subsection (c) of Section 34-18.5; provided that neither this
13provision nor any other provision of this Section shall be
14deemed to require the disclosure of any information that is
15contained in any law enforcement record or juvenile court
16record that is confidential or whose accessibility or
17disclosure is restricted or prohibited under Section 5-901 or
185-905 of the Juvenile Court Act of 1987. Failure to make such
19disclosure shall render a person ineligible for election or to
20serve on the local school council. The same disclosure shall
21be required of persons under consideration for appointment to
22the Council pursuant to subsections (l) and (m) of this
23Section.
24    (f-5) Notwithstanding disclosure, a person who has been
25convicted of any of the following offenses at any time shall be
26ineligible for election or appointment to a local school

 

 

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1council and ineligible for appointment to a local school
2council pursuant to subsections (l) and (m) of this Section:
3(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
411-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
511-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
612-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
7Section 11-14.3, of the Criminal Code of 1961 or the Criminal
8Code of 2012, or (ii) any offense committed or attempted in any
9other state or against the laws of the United States, which, if
10committed or attempted in this State, would have been
11punishable as one or more of the foregoing offenses.
12Notwithstanding disclosure, a person who has been convicted of
13any of the following offenses within the 10 years previous to
14the date of nomination or appointment shall be ineligible for
15election or appointment to a local school council: (i) those
16defined in Section 401.1, 405.1, or 405.2 of the Illinois
17Controlled Substances Act or (ii) any offense committed or
18attempted in any other state or against the laws of the United
19States, which, if committed or attempted in this State, would
20have been punishable as one or more of the foregoing offenses.
21    Immediately upon election or appointment, incoming local
22school council members shall be required to undergo a criminal
23background investigation, to be completed prior to the member
24taking office, in order to identify any criminal convictions
25under the offenses enumerated in Section 34-18.5. The
26investigation shall be conducted by the Illinois State Police

 

 

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1in the same manner as provided for in Section 34-18.5.
2However, notwithstanding Section 34-18.5, the social security
3number shall be provided only if available. If it is
4determined at any time that a local school council member or
5member-elect has been convicted of any of the offenses
6enumerated in this Section or failed to disclose a conviction
7of any of the offenses enumerated in Section 34-18.5, the
8general superintendent shall notify the local school council
9member or member-elect of such determination and the local
10school council member or member-elect shall be removed from
11the local school council by the Board, subject to a hearing,
12convened pursuant to Board rule, prior to removal.
13    (g) At least one week before the election date, the
14Council shall publicize, in the manner provided in subsection
15(e), the names of persons nominated for election.
16    (h) Voting shall be in person by secret ballot at the
17attendance center between the hours of 6:00 a.m. and 7:00 p.m.
18    (i) Candidates receiving the highest number of votes shall
19be declared elected by the Council. In cases of a tie, the
20Council shall determine the winner by lottery lot.
21    (j) The Council shall certify the results of the election
22and shall publish the results in the minutes of the Council.
23    (k) The general superintendent shall resolve any disputes
24concerning election procedure or results and shall ensure
25that, except as provided in subsections (e) and (g), no
26resources of any attendance center shall be used to endorse or

 

 

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1promote any candidate.
2    (l) Beginning with the first local school council election
3that occurs after the effective date of this amendatory Act of
4the 102nd General Assembly, Beginning with the 1995-1996
5school year and in every even numbered year thereafter, the
6Board shall appoint 2 teacher members to each local school
7council. These appointments shall be made in the following
8manner:
9        (i) The Board shall appoint 2 teachers who are
10    employed and assigned to perform the majority of their
11    employment duties at the attendance center to serve on the
12    local school council of the attendance center for a
13    two-year term coinciding with the terms of the elected
14    parent and community members of that local school council.
15    These appointments shall be made from among those teachers
16    who 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
21    procedures 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. Prior to the appointment of
4    staff members to local school councils, the Board shall
5    make public the vetting process of staff member
6    candidates. Any staff member seeking candidacy shall be
7    allowed to make an inquiry to the Board to determine if the
8    Board may deny the appointment of the staff member. An
9    inquiry made to the Board shall be made in writing in
10    accordance with Board procedure.
11        (iii) In the event that a teacher representative is
12    unable to perform his or her employment duties at the
13    school due to illness, disability, leave of absence,
14    disciplinary action, or any other reason, the Board shall
15    declare a temporary vacancy and appoint a replacement
16    teacher representative to serve on the local school
17    council until such time as the teacher member originally
18    appointed pursuant to this subsection (l) resumes service
19    at the attendance center or for the remainder of the term.
20    The replacement teacher representative shall be appointed
21    in the same manner and by the same procedures as teacher
22    representatives are appointed in subdivisions (i) and (ii)
23    of this subsection (l).
24    (m) Beginning with the 1995-1996 school year through the
252020-2021 school year, the Board shall appoint one student
26member to each secondary attendance center. Beginning with the

 

 

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12021-2022 school year and for every school year thereafter,
2the Board shall appoint 3 student members to the local school
3council of each secondary attendance center and one student
4member to the local school council of each attendance center
5enrolling students in 7th and 8th grade. Students enrolled in
6grade 6 or above are eligible to be candidates for a local
7school council. No attendance center enrolling students in 7th
8and 8th grade may have more than one student member, unless the
9attendance center enrolls students in grades 7 through 12, in
10which case the attendance center may have a total of 3 student
11members on the local school council. The Board may establish
12criteria for students to be considered eligible to serve as a
13student member. These appointments shall be made in the
14following manner:
15    (i) Appointments shall be made from among those students
16    who submit statements of candidacy to the principal of the
17    attendance center, such statements to be submitted
18    commencing on the first day of the twentieth week of
19    school and continuing for 2 weeks thereafter. The form and
20    manner of such candidacy statements shall be determined by
21    the Board.
22        (ii) During the twenty-second week of school in every
23    year, the principal of each attendance center shall
24    conduct a binding election a non-binding, advisory poll to
25    ascertain the preferences of the school students regarding
26    the appointment of students to the local school council

 

 

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

 

 

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1    (n) The Board may promulgate such other rules and
2regulations for election procedures as may be deemed necessary
3to ensure fair elections.
4    (o) In the event that a vacancy occurs during a member's
5term, the Council shall appoint a person eligible to serve on
6the Council, to fill the unexpired term created by the
7vacancy, except that any teacher or non-teacher staff vacancy
8shall be filled by the Board after considering the preferences
9of the school staff as ascertained through a non-binding
10advisory poll of school staff. In the case of a student
11vacancy, the vacancy shall be filled by the preferences of an
12election poll of students.
13    (p) If less than the specified number of persons is
14elected within each candidate category, the newly elected
15local school council shall appoint eligible persons to serve
16as members of the Council for 2-year two-year terms, as
17provided in subsection (c-5) of Section 34-2.2 of this Code.
18    (q) The Board shall promulgate rules regarding conflicts
19of interest and disclosure of economic interests which shall
20apply to local school council members and which shall require
21reports or statements to be filed by Council members at
22regular intervals with the Secretary of the Board. Failure to
23comply with such rules or intentionally falsifying such
24reports shall be grounds for disqualification from local
25school council membership. A vacancy on the Council for
26disqualification may be so declared by the Secretary of the

 

 

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

 

 

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

 

 

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1staff member's teacher's voluntary transfer to another school.
2If a staff teacher member of a local school council ceases to
3be eligible to serve on a local school council for any other
4reason, that member shall be removed by the Board subject to a
5hearing, convened pursuant to Board rule, prior to removal.
6    (s) As used in this Section only, "community resident"
7means a person, 17 years of age or older, residing within an
8attendance area served by a school, excluding any person who
9is a parent of a student enrolled in that school; provided that
10with respect to any multi-area school, community resident
11means any person, 17 years of age or older, residing within the
12voting district established for that school pursuant to
13Section 34-2.1c, excluding any person who is a parent of a
14student enrolled in that school. This definition does not
15apply to any provisions concerning school boards.
16(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
17102-538, eff. 8-20-21; revised 10-18-21.)
 
18    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
19    Sec. 34-2.2. Local school councils; manner councils -
20Manner of operation.
21    (a) The annual organizational meeting of each local school
22council shall be held at the attendance center or via
23videoconference or teleconference if guidance from the
24Department of Public Health or Centers for Disease Control and
25Prevention limits the size of in-person meetings at the time

 

 

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1of the meeting. At the annual organization meeting, which
2shall be held no sooner than July 1 and no later than July 14,
3a parent member of the local school council shall be selected
4by the members of such council as its chairperson, and a
5secretary shall be selected by the members of such council
6from among their number, each to serve a term of one year.
7However, an organizational meeting held by members elected to
8a local school council under subsection (c-5) of Section
934-2.1 may be held no sooner than January 11, 2021 and no later
10than January 31, 2021. Whenever a vacancy in the office of
11chairperson or secretary of a local school council shall
12occur, a new chairperson (who shall be a parent member) or
13secretary, as the case may be, shall be elected by the members
14of the local school council from among their number to serve as
15such chairperson or secretary for the unexpired term of office
16in which the vacancy occurs. At each annual organizational
17meeting, the time and place of any regular meetings of the
18local school council shall be fixed. Special meetings of the
19local school council may be called by the chairperson or by any
204 members from an attendance center enrolling students up to
21grade 8 or any 5 members from a secondary attendance center or
22an attendance center enrolling students in grades 7 through
2312, by giving notice thereof in writing, specifying the time,
24place and purpose of the meeting. Public notice of meetings
25shall also be given in accordance with the Open Meetings Act.
26    (b) Members and officers of the local school council shall

 

 

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1serve without compensation and without reimbursement of any
2expenses incurred in the performance of their duties, except
3that the board of education may by rule establish a procedure
4and thereunder provide for reimbursement of members and
5officers of local school councils for such of their reasonable
6and necessary expenses (excluding any lodging or meal
7expenses) incurred in the performance of their duties as the
8board may deem appropriate.
9    (c) A majority of the full membership of the local school
10council shall constitute a quorum, except as provided in
11subsection (c-5), and whenever a vote is taken on any measure
12before the local school council, a quorum being present, the
13affirmative vote of a majority of the votes of the full
14membership then serving of the local school council shall
15determine the outcome thereof; provided that whenever the
16measure before the local school council is (i) the evaluation
17of the principal, or (ii) the renewal of his or her performance
18contract or the inclusion of any provision or modification of
19the contract, or (iii) the direct selection by the local
20school council of a new principal (including a new principal
21to fill a vacancy) to serve under a 4 year performance
22contract, or (iv) the determination of the names of candidates
23to be submitted to the general superintendent for the position
24of principal, the principal and any student members of a local
25high school council shall not be counted for purposes of
26determining whether a quorum is present to act on the measure

 

 

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1and shall have no vote thereon; and provided further that 7
2affirmative votes of the local school council shall be
3required for the direct selection by the local school council
4of a new principal to serve under a 4 year performance contract
5but not for the renewal of a principal's performance contract.
6    (c-5) If the number of members serving on a the local
7school council at an attendance center enrolling students
8through the 8th grade falls below 7 members due to vacancies,
9then 4 serving members of whom at least 2 are parent or
10community elected members of the local school council shall
11constitute a quorum for the sole purpose of convening a
12meeting to fill vacancies through appointments in accordance
13with the process set forth in Section 34-2.1 of this Code. If
14the number of members serving on a local school council at a
15secondary attendance center falls below 8 members due to
16vacancies, then 5 serving members of whom at least 2 are parent
17or community members of the local school council shall
18constitute a quorum for the sole purpose of convening a
19meeting to fill vacancies through appointments in accordance
20with the process set forth in Section 34-2.1 of this Code. For
21such purposes, the affirmative vote of a majority of those
22present shall be required to fill a vacancy through
23appointment by the local school council.
24    (d) Student members of high school councils shall not be
25eligible to vote on personnel matters, including but not
26limited to principal evaluations and contracts and the

 

 

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1allocation of teaching and staff resources.
2    (e) The local school council of an attendance center which
3provides bilingual education shall be encouraged to provide
4translators at each council meeting to maximize participation
5of parents and the community.
6    (f) Each local school council of an attendance center
7which provides bilingual education shall create a Bilingual
8Advisory Committee or recognize an existing Bilingual Advisory
9Committee as a standing committee. The Chair and a majority of
10the members of the advisory committee shall be parents of
11students in the bilingual education program. The parents on
12the advisory committee shall be selected by parents of
13students in the bilingual education program, and the committee
14shall select a Chair. The advisory committee for each
15secondary attendance center shall include at least one
16full-time bilingual education student. The Bilingual Advisory
17Committee shall serve only in an advisory capacity to the
18local school council.
19    (g) Local school councils may utilize the services of an
20arbitration board to resolve intra-council disputes.
21(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
22102-296, eff. 8-6-21; revised 10-18-21.)
 
23    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
24    (Text of Section before amendment by P.A. 102-360)
25    Sec. 34-2.3. Local school councils; powers councils -

 

 

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1Powers and duties. Each local school council shall have and
2exercise, consistent with the provisions of this Article and
3the powers and duties of the board of education, the following
4powers and duties:
5    1. (A) To annually evaluate the performance of the
6principal of the attendance center using a Board approved
7principal evaluation form, which shall include the evaluation
8of (i) student academic improvement, as defined by the school
9improvement plan, (ii) student absenteeism rates at the
10school, (iii) instructional leadership, (iv) the effective
11implementation of programs, policies, or strategies to improve
12student academic achievement, (v) school management, and (vi)
13any other factors deemed relevant by the local school council,
14including, without limitation, the principal's communication
15skills and ability to create and maintain a student-centered
16learning environment, to develop opportunities for
17professional development, and to encourage parental
18involvement and community partnerships to achieve school
19improvement;
20    (B) to determine in the manner provided by subsection (c)
21of Section 34-2.2 and subdivision 1.5 of this Section whether
22the performance contract of the principal shall be renewed;
23and
24    (C) to directly select, in the manner provided by
25subsection (c) of Section 34-2.2, a new principal (including a
26new principal to fill a vacancy) -- without submitting any

 

 

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1list of candidates for that position to the general
2superintendent as provided in paragraph 2 of this Section --
3to serve under a 4 year performance contract; provided that
4(i) the determination of whether the principal's performance
5contract is to be renewed, based upon the evaluation required
6by subdivision 1.5 of this Section, shall be made no later than
7150 days prior to the expiration of the current
8performance-based contract of the principal, (ii) in cases
9where such performance contract is not renewed -- a direct
10selection of a new principal -- to serve under a 4 year
11performance contract shall be made by the local school council
12no later than 45 days prior to the expiration of the current
13performance contract of the principal, and (iii) a selection
14by the local school council of a new principal to fill a
15vacancy under a 4 year performance contract shall be made
16within 90 days after the date such vacancy occurs. A Council
17shall be required, if requested by the principal, to provide
18in writing the reasons for the council's not renewing the
19principal's contract.
20    1.5. The local school council's determination of whether
21to renew the principal's contract shall be based on an
22evaluation to assess the educational and administrative
23progress made at the school during the principal's current
24performance-based contract. The local school council shall
25base its evaluation on (i) student academic improvement, as
26defined by the school improvement plan, (ii) student

 

 

10200SB0101ham002- 24 -LRB102 10486 CMG 30255 a

1absenteeism rates at the school, (iii) instructional
2leadership, (iv) the effective implementation of programs,
3policies, or strategies to improve student academic
4achievement, (v) school management, and (vi) any other factors
5deemed relevant by the local school council, including,
6without limitation, the principal's communication skills and
7ability to create and maintain a student-centered learning
8environment, to develop opportunities for professional
9development, and to encourage parental involvement and
10community partnerships to achieve school improvement. If a
11local school council fails to renew the performance contract
12of a principal rated by the general superintendent, or his or
13her designee, in the previous years' evaluations as meeting or
14exceeding expectations, the principal, within 15 days after
15the local school council's decision not to renew the contract,
16may request a review of the local school council's principal
17non-retention decision by a hearing officer appointed by the
18American Arbitration Association. A local school council
19member or members or the general superintendent may support
20the principal's request for review. During the period of the
21hearing officer's review of the local school council's
22decision on whether or not to retain the principal, the local
23school council shall maintain all authority to search for and
24contract with a person to serve as interim or acting
25principal, or as the principal of the attendance center under
26a 4-year performance contract, provided that any performance

 

 

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1contract entered into by the local school council shall be
2voidable or modified in accordance with the decision of the
3hearing officer. The principal may request review only once
4while at that attendance center. If a local school council
5renews the contract of a principal who failed to obtain a
6rating of "meets" or "exceeds expectations" in the general
7superintendent's evaluation for the previous year, the general
8superintendent, within 15 days after the local school
9council's decision to renew the contract, may request a review
10of the local school council's principal retention decision by
11a hearing officer appointed by the American Arbitration
12Association. The general superintendent may request a review
13only once for that principal at that attendance center. All
14requests to review the retention or non-retention of a
15principal shall be submitted to the general superintendent,
16who shall, in turn, forward such requests, within 14 days of
17receipt, to the American Arbitration Association. The general
18superintendent shall send a contemporaneous copy of the
19request that was forwarded to the American Arbitration
20Association to the principal and to each local school council
21member and shall inform the local school council of its rights
22and responsibilities under the arbitration process, including
23the local school council's right to representation and the
24manner and process by which the Board shall pay the costs of
25the council's representation. If the local school council
26retains the principal and the general superintendent requests

 

 

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1a review of the retention decision, the local school council
2and the general superintendent shall be considered parties to
3the arbitration, a hearing officer shall be chosen between
4those 2 parties pursuant to procedures promulgated by the
5State Board of Education, and the principal may retain counsel
6and participate in the arbitration. If the local school
7council does not retain the principal and the principal
8requests a review of the retention decision, the local school
9council and the principal shall be considered parties to the
10arbitration and a hearing officer shall be chosen between
11those 2 parties pursuant to procedures promulgated by the
12State Board of Education. The hearing shall begin (i) within
1345 days after the initial request for review is submitted by
14the principal to the general superintendent or (ii) if the
15initial request for review is made by the general
16superintendent, within 45 days after that request is mailed to
17the American Arbitration Association. The hearing officer
18shall render a decision within 45 days after the hearing
19begins and within 90 days after the initial request for
20review. The Board shall contract with the American Arbitration
21Association for all of the hearing officer's reasonable and
22necessary costs. In addition, the Board shall pay any
23reasonable costs incurred by a local school council for
24representation before a hearing officer.
25    1.10. The hearing officer shall conduct a hearing, which
26shall include (i) a review of the principal's performance,

 

 

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1evaluations, and other evidence of the principal's service at
2the school, (ii) reasons provided by the local school council
3for its decision, and (iii) documentation evidencing views of
4interested persons, including, without limitation, students,
5parents, local school council members, school faculty and
6staff, the principal, the general superintendent or his or her
7designee, and members of the community. The burden of proof in
8establishing that the local school council's decision was
9arbitrary and capricious shall be on the party requesting the
10arbitration, and this party shall sustain the burden by a
11preponderance of the evidence. The hearing officer shall set
12the local school council decision aside if that decision, in
13light of the record developed at the hearing, is arbitrary and
14capricious. The decision of the hearing officer may not be
15appealed to the Board or the State Board of Education. If the
16hearing officer decides that the principal shall be retained,
17the retention period shall not exceed 2 years.
18    2. In the event (i) the local school council does not renew
19the performance contract of the principal, or the principal
20fails to receive a satisfactory rating as provided in
21subsection (h) of Section 34-8.3, or the principal is removed
22for cause during the term of his or her performance contract in
23the manner provided by Section 34-85, or a vacancy in the
24position of principal otherwise occurs prior to the expiration
25of the term of a principal's performance contract, and (ii)
26the local school council fails to directly select a new

 

 

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1principal to serve under a 4 year performance contract, the
2local school council in such event shall submit to the general
3superintendent a list of 3 candidates -- listed in the local
4school council's order of preference -- for the position of
5principal, one of which shall be selected by the general
6superintendent to serve as principal of the attendance center.
7If the general superintendent fails or refuses to select one
8of the candidates on the list to serve as principal within 30
9days after being furnished with the candidate list, the
10general superintendent shall select and place a principal on
11an interim basis (i) for a period not to exceed one year or
12(ii) until the local school council selects a new principal
13with 7 affirmative votes as provided in subsection (c) of
14Section 34-2.2, whichever occurs first. If the local school
15council fails or refuses to select and appoint a new
16principal, as specified by subsection (c) of Section 34-2.2,
17the general superintendent may select and appoint a new
18principal on an interim basis for an additional year or until a
19new contract principal is selected by the local school
20council. There shall be no discrimination on the basis of
21race, sex, creed, color or disability unrelated to ability to
22perform in connection with the submission of candidates for,
23and the selection of a candidate to serve as principal of an
24attendance center. No person shall be directly selected,
25listed as a candidate for, or selected to serve as principal of
26an attendance center (i) if such person has been removed for

 

 

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1cause from employment by the Board or (ii) if such person does
2not hold a valid administrative certificate issued or
3exchanged under Article 21 and endorsed as required by that
4Article for the position of principal. A principal whose
5performance contract is not renewed as provided under
6subsection (c) of Section 34-2.2 may nevertheless, if
7otherwise qualified and certified as herein provided and if he
8or she has received a satisfactory rating as provided in
9subsection (h) of Section 34-8.3, be included by a local
10school council as one of the 3 candidates listed in order of
11preference on any candidate list from which one person is to be
12selected to serve as principal of the attendance center under
13a new performance contract. The initial candidate list
14required to be submitted by a local school council to the
15general superintendent in cases where the local school council
16does not renew the performance contract of its principal and
17does not directly select a new principal to serve under a 4
18year performance contract shall be submitted not later than 30
19days prior to the expiration of the current performance
20contract. In cases where the local school council fails or
21refuses to submit the candidate list to the general
22superintendent no later than 30 days prior to the expiration
23of the incumbent principal's contract, the general
24superintendent may appoint a principal on an interim basis for
25a period not to exceed one year, during which time the local
26school council shall be able to select a new principal with 7

 

 

10200SB0101ham002- 30 -LRB102 10486 CMG 30255 a

1affirmative votes as provided in subsection (c) of Section
234-2.2. In cases where a principal is removed for cause or a
3vacancy otherwise occurs in the position of principal and the
4vacancy is not filled by direct selection by the local school
5council, the candidate list shall be submitted by the local
6school council to the general superintendent within 90 days
7after the date such removal or vacancy occurs. In cases where
8the local school council fails or refuses to submit the
9candidate list to the general superintendent within 90 days
10after the date of the vacancy, the general superintendent may
11appoint a principal on an interim basis for a period of one
12year, during which time the local school council shall be able
13to select a new principal with 7 affirmative votes as provided
14in subsection (c) of Section 34-2.2.
15    2.5. Whenever a vacancy in the office of a principal
16occurs for any reason, the vacancy shall be filled in the
17manner provided by this Section by the selection of a new
18principal to serve under a 4 year performance contract.
19    3. To establish additional criteria to be included as part
20of the performance contract of its principal, provided that
21such additional criteria shall not discriminate on the basis
22of race, sex, creed, color or disability unrelated to ability
23to perform, and shall not be inconsistent with the uniform 4
24year performance contract for principals developed by the
25board as provided in Section 34-8.1 of the School Code or with
26other provisions of this Article governing the authority and

 

 

10200SB0101ham002- 31 -LRB102 10486 CMG 30255 a

1responsibility of principals.
2    4. To approve the expenditure plan prepared by the
3principal with respect to all funds allocated and distributed
4to the attendance center by the Board. The expenditure plan
5shall be administered by the principal. Notwithstanding any
6other provision of this Act or any other law, any expenditure
7plan approved and administered under this Section 34-2.3 shall
8be consistent with and subject to the terms of any contract for
9services with a third party entered into by the Chicago School
10Reform Board of Trustees or the board under this Act.
11    Via a supermajority vote of 8 7 members of a the local
12school council enrolling students through the 8th grade or 9 8
13members of a high school local school council at a secondary
14attendance center or an attendance center enrolling students
15in grades 7 through 12, the Council may transfer allocations
16pursuant to Section 34-2.3 within funds; provided that such a
17transfer is consistent with applicable law and collective
18bargaining agreements.
19    Beginning in fiscal year 1991 and in each fiscal year
20thereafter, the Board may reserve up to 1% of its total fiscal
21year budget for distribution on a prioritized basis to schools
22throughout the school system in order to assure adequate
23programs to meet the needs of special student populations as
24determined by the Board. This distribution shall take into
25account the needs catalogued in the Systemwide Plan and the
26various local school improvement plans of the local school

 

 

10200SB0101ham002- 32 -LRB102 10486 CMG 30255 a

1councils. Information about these centrally funded programs
2shall be distributed to the local school councils so that
3their subsequent planning and programming will account for
4these provisions.
5    Beginning in fiscal year 1991 and in each fiscal year
6thereafter, from other amounts available in the applicable
7fiscal year budget, the board shall allocate a lump sum amount
8to each local school based upon such formula as the board shall
9determine taking into account the special needs of the student
10body. The local school principal shall develop an expenditure
11plan in consultation with the local school council, the
12professional personnel leadership committee and with all other
13school personnel, which reflects the priorities and activities
14as described in the school's local school improvement plan and
15is consistent with applicable law and collective bargaining
16agreements and with board policies and standards; however, the
17local school council shall have the right to request waivers
18of board policy from the board of education and waivers of
19employee collective bargaining agreements pursuant to Section
2034-8.1a.
21    The expenditure plan developed by the principal with
22respect to amounts available from the fund for prioritized
23special needs programs and the allocated lump sum amount must
24be approved by the local school council.
25    The lump sum allocation shall take into account the
26following principles:

 

 

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1        a. Teachers: Each school shall be allocated funds
2    equal to the amount appropriated in the previous school
3    year for compensation for teachers (regular grades
4    kindergarten through 12th grade) plus whatever increases
5    in compensation have been negotiated contractually or
6    through longevity as provided in the negotiated agreement.
7    Adjustments shall be made due to layoff or reduction in
8    force, lack of funds or work, change in subject
9    requirements, enrollment changes, or contracts with third
10    parties for the performance of services or to rectify any
11    inconsistencies with system-wide allocation formulas or
12    for other legitimate reasons.
13        b. Other personnel: Funds for other teacher
14    certificated and uncertificated personnel paid through
15    non-categorical funds shall be provided according to
16    system-wide formulas based on student enrollment and the
17    special needs of the school as determined by the Board.
18        c. Non-compensation items: Appropriations for all
19    non-compensation items shall be based on system-wide
20    formulas based on student enrollment and on the special
21    needs of the school or factors related to the physical
22    plant, including but not limited to textbooks, electronic
23    textbooks and the technological equipment necessary to
24    gain access to and use electronic textbooks, supplies,
25    electricity, equipment, and routine maintenance.
26        d. Funds for categorical programs: Schools shall

 

 

10200SB0101ham002- 34 -LRB102 10486 CMG 30255 a

1    receive personnel and funds based on, and shall use such
2    personnel and funds in accordance with State and Federal
3    requirements applicable to each categorical program
4    provided to meet the special needs of the student body
5    (including but not limited to, Federal Chapter I,
6    Bilingual, and Special Education).
7        d.1. Funds for State Title I: Each school shall
8    receive funds based on State and Board requirements
9    applicable to each State Title I pupil provided to meet
10    the special needs of the student body. Each school shall
11    receive the proportion of funds as provided in Section
12    18-8 or 18-8.15 to which they are entitled. These funds
13    shall be spent only with the budgetary approval of the
14    Local School Council as provided in Section 34-2.3.
15        e. The Local School Council shall have the right to
16    request the principal to close positions and open new ones
17    consistent with the provisions of the local school
18    improvement plan provided that these decisions are
19    consistent with applicable law and collective bargaining
20    agreements. If a position is closed, pursuant to this
21    paragraph, the local school shall have for its use the
22    system-wide average compensation for the closed position.
23        f. Operating within existing laws and collective
24    bargaining agreements, the local school council shall have
25    the right to direct the principal to shift expenditures
26    within funds.

 

 

10200SB0101ham002- 35 -LRB102 10486 CMG 30255 a

1        g. (Blank).
2    Any funds unexpended at the end of the fiscal year shall be
3available to the board of education for use as part of its
4budget for the following fiscal year.
5    5. To make recommendations to the principal concerning
6textbook selection and concerning curriculum developed
7pursuant to the school improvement plan which is consistent
8with systemwide curriculum objectives in accordance with
9Sections 34-8 and 34-18 of the School Code and in conformity
10with the collective bargaining agreement.
11    6. To advise the principal concerning the attendance and
12disciplinary policies for the attendance center, subject to
13the provisions of this Article and Article 26, and consistent
14with the uniform system of discipline established by the board
15pursuant to Section 34-19.
16    7. To approve a school improvement plan developed as
17provided in Section 34-2.4. The process and schedule for plan
18development shall be publicized to the entire school
19community, and the community shall be afforded the opportunity
20to make recommendations concerning the plan. At least twice a
21year the principal and local school council shall report
22publicly on progress and problems with respect to plan
23implementation.
24    8. To evaluate the allocation of teaching resources and
25other certificated and uncertificated staff to the attendance
26center to determine whether such allocation is consistent with

 

 

10200SB0101ham002- 36 -LRB102 10486 CMG 30255 a

1and in furtherance of instructional objectives and school
2programs reflective of the school improvement plan adopted for
3the attendance center; and to make recommendations to the
4board, the general superintendent and the principal concerning
5any reallocation of teaching resources or other staff whenever
6the council determines that any such reallocation is
7appropriate because the qualifications of any existing staff
8at the attendance center do not adequately match or support
9instructional objectives or school programs which reflect the
10school improvement plan.
11    9. To make recommendations to the principal and the
12general superintendent concerning their respective
13appointments, after August 31, 1989, and in the manner
14provided by Section 34-8 and Section 34-8.1, of persons to
15fill any vacant, additional or newly created positions for
16teachers at the attendance center or at attendance centers
17which include the attendance center served by the local school
18council.
19    10. To request of the Board the manner in which training
20and assistance shall be provided to the local school council.
21Pursuant to Board guidelines a local school council is
22authorized to direct the Board of Education to contract with
23personnel or not-for-profit organizations not associated with
24the school district to train or assist council members. If
25training or assistance is provided by contract with personnel
26or organizations not associated with the school district, the

 

 

10200SB0101ham002- 37 -LRB102 10486 CMG 30255 a

1period of training or assistance shall not exceed 30 hours
2during a given school year; person shall not be employed on a
3continuous basis longer than said period and shall not have
4been employed by the Chicago Board of Education within the
5preceding six months. Council members shall receive training
6in at least the following areas:
7        1. school budgets;
8        2. educational theory pertinent to the attendance
9    center's particular needs, including the development of
10    the school improvement plan and the principal's
11    performance contract; and
12        3. personnel selection.
13Council members shall, to the greatest extent possible,
14complete such training within 90 days of election.
15    11. In accordance with systemwide guidelines contained in
16the System-Wide Educational Reform Goals and Objectives Plan,
17criteria for evaluation of performance shall be established
18for local school councils and local school council members. If
19a local school council persists in noncompliance with
20systemwide requirements, the Board may impose sanctions and
21take necessary corrective action, consistent with Section
2234-8.3.
23    12. Each local school council shall comply with the Open
24Meetings Act and the Freedom of Information Act. Each local
25school council shall issue and transmit to its school
26community a detailed annual report accounting for its

 

 

10200SB0101ham002- 38 -LRB102 10486 CMG 30255 a

1activities programmatically and financially. Each local school
2council shall convene at least 2 well-publicized meetings
3annually with its entire school community. These meetings
4shall include presentation of the proposed local school
5improvement plan, of the proposed school expenditure plan, and
6the annual report, and shall provide an opportunity for public
7comment.
8    13. Each local school council is encouraged to involve
9additional non-voting members of the school community in
10facilitating the council's exercise of its responsibilities.
11    14. The local school council may adopt a school uniform or
12dress code policy that governs the attendance center and that
13is necessary to maintain the orderly process of a school
14function or prevent endangerment of student health or safety,
15consistent with the policies and rules of the Board of
16Education. A school uniform or dress code policy adopted by a
17local school council: (i) shall not be applied in such manner
18as to discipline or deny attendance to a transfer student or
19any other student for noncompliance with that policy during
20such period of time as is reasonably necessary to enable the
21student to acquire a school uniform or otherwise comply with
22the dress code policy that is in effect at the attendance
23center into which the student's enrollment is transferred; and
24(ii) shall include criteria and procedures under which the
25local school council will accommodate the needs of or
26otherwise provide appropriate resources to assist a student

 

 

10200SB0101ham002- 39 -LRB102 10486 CMG 30255 a

1from an indigent family in complying with an applicable school
2uniform or dress code policy. A student whose parents or legal
3guardians object on religious grounds to the student's
4compliance with an applicable school uniform or dress code
5policy shall not be required to comply with that policy if the
6student's parents or legal guardians present to the local
7school council a signed statement of objection detailing the
8grounds for the objection.
9    15. All decisions made and actions taken by the local
10school council in the exercise of its powers and duties shall
11comply with State and federal laws, all applicable collective
12bargaining agreements, court orders and rules properly
13promulgated by the Board.
14    15a. To grant, in accordance with board rules and
15policies, the use of assembly halls and classrooms when not
16otherwise needed, including lighting, heat, and attendants,
17for public lectures, concerts, and other educational and
18social activities.
19    15b. To approve, in accordance with board rules and
20policies, receipts and expenditures for all internal accounts
21of the attendance center, and to approve all fund-raising
22activities by nonschool organizations that use the school
23building.
24    16. (Blank).
25    17. Names and addresses of local school council members
26shall be a matter of public record.

 

 

10200SB0101ham002- 40 -LRB102 10486 CMG 30255 a

1(Source: P.A. 100-465, eff. 8-31-17.)
 
2    (Text of Section after amendment by P.A. 102-360)
3    Sec. 34-2.3. Local school councils; powers councils -
4Powers and duties. Each local school council shall have and
5exercise, consistent with the provisions of this Article and
6the powers and duties of the board of education, the following
7powers and duties:
8    1. (A) To annually evaluate the performance of the
9principal of the attendance center using a Board approved
10principal evaluation form, which shall include the evaluation
11of (i) student academic improvement, as defined by the school
12improvement plan, (ii) student absenteeism rates at the
13school, (iii) instructional leadership, (iv) the effective
14implementation of programs, policies, or strategies to improve
15student academic achievement, (v) school management, and (vi)
16any other factors deemed relevant by the local school council,
17including, without limitation, the principal's communication
18skills and ability to create and maintain a student-centered
19learning environment, to develop opportunities for
20professional development, and to encourage parental
21involvement and community partnerships to achieve school
22improvement;
23    (B) to determine in the manner provided by subsection (c)
24of Section 34-2.2 and subdivision 1.5 of this Section whether
25the performance contract of the principal shall be renewed;

 

 

10200SB0101ham002- 41 -LRB102 10486 CMG 30255 a

1and
2    (C) to directly select, in the manner provided by
3subsection (c) of Section 34-2.2, a new principal (including a
4new principal to fill a vacancy) -- without submitting any
5list of candidates for that position to the general
6superintendent as provided in paragraph 2 of this Section --
7to serve under a 4 year performance contract; provided that
8(i) the determination of whether the principal's performance
9contract is to be renewed, based upon the evaluation required
10by subdivision 1.5 of this Section, shall be made no later than
11150 days prior to the expiration of the current
12performance-based contract of the principal, (ii) in cases
13where such performance contract is not renewed -- a direct
14selection of a new principal -- to serve under a 4 year
15performance contract shall be made by the local school council
16no later than 45 days prior to the expiration of the current
17performance contract of the principal, and (iii) a selection
18by the local school council of a new principal to fill a
19vacancy under a 4 year performance contract shall be made
20within 90 days after the date such vacancy occurs. A Council
21shall be required, if requested by the principal, to provide
22in writing the reasons for the council's not renewing the
23principal's contract.
24    1.5. The local school council's determination of whether
25to renew the principal's contract shall be based on an
26evaluation to assess the educational and administrative

 

 

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1progress made at the school during the principal's current
2performance-based contract. The local school council shall
3base its evaluation on (i) student academic improvement, as
4defined by the school improvement plan, (ii) student
5absenteeism rates at the school, (iii) instructional
6leadership, (iv) the effective implementation of programs,
7policies, or strategies to improve student academic
8achievement, (v) school management, and (vi) any other factors
9deemed relevant by the local school council, including,
10without limitation, the principal's communication skills and
11ability to create and maintain a student-centered learning
12environment, to develop opportunities for professional
13development, and to encourage parental involvement and
14community partnerships to achieve school improvement. If a
15local school council fails to renew the performance contract
16of a principal rated by the general superintendent, or his or
17her designee, in the previous years' evaluations as meeting or
18exceeding expectations, the principal, within 15 days after
19the local school council's decision not to renew the contract,
20may request a review of the local school council's principal
21non-retention decision by a hearing officer appointed by the
22American Arbitration Association. A local school council
23member or members or the general superintendent may support
24the principal's request for review. During the period of the
25hearing officer's review of the local school council's
26decision on whether or not to retain the principal, the local

 

 

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1school council shall maintain all authority to search for and
2contract with a person to serve as interim or acting
3principal, or as the principal of the attendance center under
4a 4-year performance contract, provided that any performance
5contract entered into by the local school council shall be
6voidable or modified in accordance with the decision of the
7hearing officer. The principal may request review only once
8while at that attendance center. If a local school council
9renews the contract of a principal who failed to obtain a
10rating of "meets" or "exceeds expectations" in the general
11superintendent's evaluation for the previous year, the general
12superintendent, within 15 days after the local school
13council's decision to renew the contract, may request a review
14of the local school council's principal retention decision by
15a hearing officer appointed by the American Arbitration
16Association. The general superintendent may request a review
17only once for that principal at that attendance center. All
18requests to review the retention or non-retention of a
19principal shall be submitted to the general superintendent,
20who shall, in turn, forward such requests, within 14 days of
21receipt, to the American Arbitration Association. The general
22superintendent shall send a contemporaneous copy of the
23request that was forwarded to the American Arbitration
24Association to the principal and to each local school council
25member and shall inform the local school council of its rights
26and responsibilities under the arbitration process, including

 

 

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1the local school council's right to representation and the
2manner and process by which the Board shall pay the costs of
3the council's representation. If the local school council
4retains the principal and the general superintendent requests
5a review of the retention decision, the local school council
6and the general superintendent shall be considered parties to
7the arbitration, a hearing officer shall be chosen between
8those 2 parties pursuant to procedures promulgated by the
9State Board of Education, and the principal may retain counsel
10and participate in the arbitration. If the local school
11council does not retain the principal and the principal
12requests a review of the retention decision, the local school
13council and the principal shall be considered parties to the
14arbitration and a hearing officer shall be chosen between
15those 2 parties pursuant to procedures promulgated by the
16State Board of Education. The hearing shall begin (i) within
1745 days after the initial request for review is submitted by
18the principal to the general superintendent or (ii) if the
19initial request for review is made by the general
20superintendent, within 45 days after that request is mailed to
21the American Arbitration Association. The hearing officer
22shall render a decision within 45 days after the hearing
23begins and within 90 days after the initial request for
24review. The Board shall contract with the American Arbitration
25Association for all of the hearing officer's reasonable and
26necessary costs. In addition, the Board shall pay any

 

 

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1reasonable costs incurred by a local school council for
2representation before a hearing officer.
3    1.10. The hearing officer shall conduct a hearing, which
4shall include (i) a review of the principal's performance,
5evaluations, and other evidence of the principal's service at
6the school, (ii) reasons provided by the local school council
7for its decision, and (iii) documentation evidencing views of
8interested persons, including, without limitation, students,
9parents, local school council members, school faculty and
10staff, the principal, the general superintendent or his or her
11designee, and members of the community. The burden of proof in
12establishing that the local school council's decision was
13arbitrary and capricious shall be on the party requesting the
14arbitration, and this party shall sustain the burden by a
15preponderance of the evidence. The hearing officer shall set
16the local school council decision aside if that decision, in
17light of the record developed at the hearing, is arbitrary and
18capricious. The decision of the hearing officer may not be
19appealed to the Board or the State Board of Education. If the
20hearing officer decides that the principal shall be retained,
21the retention period shall not exceed 2 years.
22    2. In the event (i) the local school council does not renew
23the performance contract of the principal, or the principal
24fails to receive a satisfactory rating as provided in
25subsection (h) of Section 34-8.3, or the principal is removed
26for cause during the term of his or her performance contract in

 

 

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1the manner provided by Section 34-85, or a vacancy in the
2position of principal otherwise occurs prior to the expiration
3of the term of a principal's performance contract, and (ii)
4the local school council fails to directly select a new
5principal to serve under a 4 year performance contract, the
6local school council in such event shall submit to the general
7superintendent a list of 3 candidates -- listed in the local
8school council's order of preference -- for the position of
9principal, one of which shall be selected by the general
10superintendent to serve as principal of the attendance center.
11If the general superintendent fails or refuses to select one
12of the candidates on the list to serve as principal within 30
13days after being furnished with the candidate list, the
14general superintendent shall select and place a principal on
15an interim basis (i) for a period not to exceed one year or
16(ii) until the local school council selects a new principal
17with 7 affirmative votes as provided in subsection (c) of
18Section 34-2.2, whichever occurs first. If the local school
19council fails or refuses to select and appoint a new
20principal, as specified by subsection (c) of Section 34-2.2,
21the general superintendent may select and appoint a new
22principal on an interim basis for an additional year or until a
23new contract principal is selected by the local school
24council. There shall be no discrimination on the basis of
25race, sex, creed, color or disability unrelated to ability to
26perform in connection with the submission of candidates for,

 

 

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1and the selection of a candidate to serve as principal of an
2attendance center. No person shall be directly selected,
3listed as a candidate for, or selected to serve as principal of
4an attendance center (i) if such person has been removed for
5cause from employment by the Board or (ii) if such person does
6not hold a valid administrative certificate issued or
7exchanged under Article 21 and endorsed as required by that
8Article for the position of principal. A principal whose
9performance contract is not renewed as provided under
10subsection (c) of Section 34-2.2 may nevertheless, if
11otherwise qualified and certified as herein provided and if he
12or she has received a satisfactory rating as provided in
13subsection (h) of Section 34-8.3, be included by a local
14school council as one of the 3 candidates listed in order of
15preference on any candidate list from which one person is to be
16selected to serve as principal of the attendance center under
17a new performance contract. The initial candidate list
18required to be submitted by a local school council to the
19general superintendent in cases where the local school council
20does not renew the performance contract of its principal and
21does not directly select a new principal to serve under a 4
22year performance contract shall be submitted not later than 30
23days prior to the expiration of the current performance
24contract. In cases where the local school council fails or
25refuses to submit the candidate list to the general
26superintendent no later than 30 days prior to the expiration

 

 

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1of the incumbent principal's contract, the general
2superintendent may appoint a principal on an interim basis for
3a period not to exceed one year, during which time the local
4school council shall be able to select a new principal with 7
5affirmative votes as provided in subsection (c) of Section
634-2.2. In cases where a principal is removed for cause or a
7vacancy otherwise occurs in the position of principal and the
8vacancy is not filled by direct selection by the local school
9council, the candidate list shall be submitted by the local
10school council to the general superintendent within 90 days
11after the date such removal or vacancy occurs. In cases where
12the local school council fails or refuses to submit the
13candidate list to the general superintendent within 90 days
14after the date of the vacancy, the general superintendent may
15appoint a principal on an interim basis for a period of one
16year, during which time the local school council shall be able
17to select a new principal with 7 affirmative votes as provided
18in subsection (c) of Section 34-2.2.
19    2.5. Whenever a vacancy in the office of a principal
20occurs for any reason, the vacancy shall be filled in the
21manner provided by this Section by the selection of a new
22principal to serve under a 4 year performance contract.
23    3. To establish additional criteria to be included as part
24of the performance contract of its principal, provided that
25such additional criteria shall not discriminate on the basis
26of race, sex, creed, color or disability unrelated to ability

 

 

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1to perform, and shall not be inconsistent with the uniform 4
2year performance contract for principals developed by the
3board as provided in Section 34-8.1 of the School Code or with
4other provisions of this Article governing the authority and
5responsibility of principals.
6    4. To approve the expenditure plan prepared by the
7principal with respect to all funds allocated and distributed
8to the attendance center by the Board. The expenditure plan
9shall be administered by the principal. Notwithstanding any
10other provision of this Act or any other law, any expenditure
11plan approved and administered under this Section 34-2.3 shall
12be consistent with and subject to the terms of any contract for
13services with a third party entered into by the Chicago School
14Reform Board of Trustees or the board under this Act.
15    Via a supermajority vote of 8 7 members of a the local
16school council enrolling students through the 8th grade or 9 8
17members of a high school local school council at a secondary
18attendance center or an attendance center enrolling students
19in grades 7 through 12, the Council may transfer allocations
20pursuant to Section 34-2.3 within funds; provided that such a
21transfer is consistent with applicable law and collective
22bargaining agreements.
23    Beginning in fiscal year 1991 and in each fiscal year
24thereafter, the Board may reserve up to 1% of its total fiscal
25year budget for distribution on a prioritized basis to schools
26throughout the school system in order to assure adequate

 

 

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1programs to meet the needs of special student populations as
2determined by the Board. This distribution shall take into
3account the needs catalogued in the Systemwide Plan and the
4various local school improvement plans of the local school
5councils. Information about these centrally funded programs
6shall be distributed to the local school councils so that
7their subsequent planning and programming will account for
8these provisions.
9    Beginning in fiscal year 1991 and in each fiscal year
10thereafter, from other amounts available in the applicable
11fiscal year budget, the board shall allocate a lump sum amount
12to each local school based upon such formula as the board shall
13determine taking into account the special needs of the student
14body. The local school principal shall develop an expenditure
15plan in consultation with the local school council, the
16professional personnel leadership committee and with all other
17school personnel, which reflects the priorities and activities
18as described in the school's local school improvement plan and
19is consistent with applicable law and collective bargaining
20agreements and with board policies and standards; however, the
21local school council shall have the right to request waivers
22of board policy from the board of education and waivers of
23employee collective bargaining agreements pursuant to Section
2434-8.1a.
25    The expenditure plan developed by the principal with
26respect to amounts available from the fund for prioritized

 

 

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1special needs programs and the allocated lump sum amount must
2be approved by the local school council.
3    The lump sum allocation shall take into account the
4following principles:
5        a. Teachers: Each school shall be allocated funds
6    equal to the amount appropriated in the previous school
7    year for compensation for teachers (regular grades
8    kindergarten through 12th grade) plus whatever increases
9    in compensation have been negotiated contractually or
10    through longevity as provided in the negotiated agreement.
11    Adjustments shall be made due to layoff or reduction in
12    force, lack of funds or work, change in subject
13    requirements, enrollment changes, or contracts with third
14    parties for the performance of services or to rectify any
15    inconsistencies with system-wide allocation formulas or
16    for other legitimate reasons.
17        b. Other personnel: Funds for other teacher
18    certificated and uncertificated personnel paid through
19    non-categorical funds shall be provided according to
20    system-wide formulas based on student enrollment and the
21    special needs of the school as determined by the Board.
22        c. Non-compensation items: Appropriations for all
23    non-compensation items shall be based on system-wide
24    formulas based on student enrollment and on the special
25    needs of the school or factors related to the physical
26    plant, including but not limited to textbooks, electronic

 

 

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1    textbooks and the technological equipment necessary to
2    gain access to and use electronic textbooks, supplies,
3    electricity, equipment, and routine maintenance.
4        d. Funds for categorical programs: Schools shall
5    receive personnel and funds based on, and shall use such
6    personnel and funds in accordance with State and Federal
7    requirements applicable to each categorical program
8    provided to meet the special needs of the student body
9    (including but not limited to, Federal Chapter I,
10    Bilingual, and Special Education).
11        d.1. Funds for State Title I: Each school shall
12    receive funds based on State and Board requirements
13    applicable to each State Title I pupil provided to meet
14    the special needs of the student body. Each school shall
15    receive the proportion of funds as provided in Section
16    18-8 or 18-8.15 to which they are entitled. These funds
17    shall be spent only with the budgetary approval of the
18    Local School Council as provided in Section 34-2.3.
19        e. The Local School Council shall have the right to
20    request the principal to close positions and open new ones
21    consistent with the provisions of the local school
22    improvement plan provided that these decisions are
23    consistent with applicable law and collective bargaining
24    agreements. If a position is closed, pursuant to this
25    paragraph, the local school shall have for its use the
26    system-wide average compensation for the closed position.

 

 

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1        f. Operating within existing laws and collective
2    bargaining agreements, the local school council shall have
3    the right to direct the principal to shift expenditures
4    within funds.
5        g. (Blank).
6    Any funds unexpended at the end of the fiscal year shall be
7available to the board of education for use as part of its
8budget for the following fiscal year.
9    5. To make recommendations to the principal concerning
10textbook selection and concerning curriculum developed
11pursuant to the school improvement plan which is consistent
12with systemwide curriculum objectives in accordance with
13Sections 34-8 and 34-18 of the School Code and in conformity
14with the collective bargaining agreement.
15    6. To advise the principal concerning the attendance and
16disciplinary policies for the attendance center, subject to
17the provisions of this Article and Article 26, and consistent
18with the uniform system of discipline established by the board
19pursuant to Section 34-19.
20    7. To approve a school improvement plan developed as
21provided in Section 34-2.4. The process and schedule for plan
22development shall be publicized to the entire school
23community, and the community shall be afforded the opportunity
24to make recommendations concerning the plan. At least twice a
25year the principal and local school council shall report
26publicly on progress and problems with respect to plan

 

 

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1implementation.
2    8. To evaluate the allocation of teaching resources and
3other certificated and uncertificated staff to the attendance
4center to determine whether such allocation is consistent with
5and in furtherance of instructional objectives and school
6programs reflective of the school improvement plan adopted for
7the attendance center; and to make recommendations to the
8board, the general superintendent and the principal concerning
9any reallocation of teaching resources or other staff whenever
10the council determines that any such reallocation is
11appropriate because the qualifications of any existing staff
12at the attendance center do not adequately match or support
13instructional objectives or school programs which reflect the
14school improvement plan.
15    9. To make recommendations to the principal and the
16general superintendent concerning their respective
17appointments, after August 31, 1989, and in the manner
18provided by Section 34-8 and Section 34-8.1, of persons to
19fill any vacant, additional or newly created positions for
20teachers at the attendance center or at attendance centers
21which include the attendance center served by the local school
22council.
23    10. To request of the Board the manner in which training
24and assistance shall be provided to the local school council.
25Pursuant to Board guidelines a local school council is
26authorized to direct the Board of Education to contract with

 

 

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1personnel or not-for-profit organizations not associated with
2the school district to train or assist council members. If
3training or assistance is provided by contract with personnel
4or organizations not associated with the school district, the
5period of training or assistance shall not exceed 30 hours
6during a given school year; person shall not be employed on a
7continuous basis longer than said period and shall not have
8been employed by the Chicago Board of Education within the
9preceding six months. Council members shall receive training
10in at least the following areas:
11        1. school budgets;
12        2. educational theory pertinent to the attendance
13    center's particular needs, including the development of
14    the school improvement plan and the principal's
15    performance contract; and
16        3. personnel selection.
17Council members shall, to the greatest extent possible,
18complete such training within 90 days of election.
19    11. In accordance with systemwide guidelines contained in
20the System-Wide Educational Reform Goals and Objectives Plan,
21criteria for evaluation of performance shall be established
22for local school councils and local school council members. If
23a local school council persists in noncompliance with
24systemwide requirements, the Board may impose sanctions and
25take necessary corrective action, consistent with Section
2634-8.3.

 

 

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1    12. Each local school council shall comply with the Open
2Meetings Act and the Freedom of Information Act. Each local
3school council shall issue and transmit to its school
4community a detailed annual report accounting for its
5activities programmatically and financially. Each local school
6council shall convene at least 2 well-publicized meetings
7annually with its entire school community. These meetings
8shall include presentation of the proposed local school
9improvement plan, of the proposed school expenditure plan, and
10the annual report, and shall provide an opportunity for public
11comment.
12    13. Each local school council is encouraged to involve
13additional non-voting members of the school community in
14facilitating the council's exercise of its responsibilities.
15    14. The local school council may adopt a school uniform or
16dress code policy that governs the attendance center and that
17is necessary to maintain the orderly process of a school
18function or prevent endangerment of student health or safety,
19consistent with the policies and rules of the Board of
20Education. A school uniform or dress code policy adopted by a
21local school council: (i) shall not be applied in such manner
22as to discipline or deny attendance to a transfer student or
23any other student for noncompliance with that policy during
24such period of time as is reasonably necessary to enable the
25student to acquire a school uniform or otherwise comply with
26the dress code policy that is in effect at the attendance

 

 

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1center into which the student's enrollment is transferred;
2(ii) shall include criteria and procedures under which the
3local school council will accommodate the needs of or
4otherwise provide appropriate resources to assist a student
5from an indigent family in complying with an applicable school
6uniform or dress code policy; and (iii) shall not include or
7apply to hairstyles, including hairstyles historically
8associated with race, ethnicity, or hair texture, including,
9but not limited to, protective hairstyles such as braids,
10locks, and twists. A student whose parents or legal guardians
11object on religious grounds to the student's compliance with
12an applicable school uniform or dress code policy shall not be
13required to comply with that policy if the student's parents
14or legal guardians present to the local school council a
15signed statement of objection detailing the grounds for the
16objection. If a local school council does not comply with the
17requirements and prohibitions set forth in this paragraph 14,
18the attendance center is subject to the penalty imposed
19pursuant to subsection (a) of Section 2-3.25.
20    15. All decisions made and actions taken by the local
21school council in the exercise of its powers and duties shall
22comply with State and federal laws, all applicable collective
23bargaining agreements, court orders and rules properly
24promulgated by the Board.
25    15a. To grant, in accordance with board rules and
26policies, the use of assembly halls and classrooms when not

 

 

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1otherwise needed, including lighting, heat, and attendants,
2for public lectures, concerts, and other educational and
3social activities.
4    15b. To approve, in accordance with board rules and
5policies, receipts and expenditures for all internal accounts
6of the attendance center, and to approve all fund-raising
7activities by nonschool organizations that use the school
8building.
9    16. (Blank).
10    17. Names and addresses of local school council members
11shall be a matter of public record.
12(Source: P.A. 102-360, eff. 1-1-22.)
 
13    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
14    Sec. 34-2.4b. Limitation upon applicability. Beginning
15with the first local school council election that occurs after
16the effective date of this amendatory Act of the 102nd General
17Assembly, the The provisions of Sections 34-2.1, 34-2.2,
1834-2.3, 34-2.3a, 34-2.4 and 34-8.3, and those provisions of
19paragraph 1 of Section 34-18 and paragraph (c) of Section
2034A-201a relating to the allocation or application -- by
21formula or otherwise -- of lump sum amounts and other funds to
22attendance centers, shall not apply to attendance centers that
23have applied for and been designated as a "Small School" by the
24Board, the Cook County Juvenile Detention Center and Cook
25County Jail schools, nor to the district's alternative schools

 

 

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1for pregnant girls, nor to alternative schools established
2under Article 13A, nor to a contract school, nor to the Michael
3R. Durso School, the Jackson Adult Center, the Hillard Adult
4Center, the Alternative Transitional School, or any other
5attendance center designated by the Board as an alternative
6school, nor to any school established as a teacher training
7academy, nor to any school with a specialty 2-year programming
8model, nor to any school established as a one-year school or
9program, nor to any school with a specialty student focus or
10transient student population, provided that the designation is
11not applied to an attendance center that has in place a legally
12constituted local school council, except for contract
13turnaround schools. The board of education shall have and
14exercise with respect to those schools and with respect to the
15conduct, operation, affairs and budgets of those schools, and
16with respect to the principals, teachers and other school
17staff there employed, the same powers which are exercisable by
18local school councils with respect to the other attendance
19centers, principals, teachers and school staff within the
20district, together with all powers and duties generally
21exercisable by the board of education with respect to all
22attendance centers within the district. The board of education
23shall develop appropriate alternative methods for involving
24parents, community members and school staff to the maximum
25extent possible in all of the activities of those schools, and
26may delegate to the parents, community members and school

 

 

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1staff so involved the same powers which are exercisable by
2local school councils with respect to other attendance
3centers.
4(Source: P.A. 96-105, eff. 7-30-09.)
 
5    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
6    Sec. 34-8.3. Remediation and probation of attendance
7centers.
8    (a) The general superintendent shall monitor the
9performance of the attendance centers within the district and
10shall identify attendance centers, pursuant to criteria that
11the board shall establish, in which:
12        (1) there is a failure to develop, implement, or
13    comply with a school improvement plan;
14        (2) there is a pervasive breakdown in the educational
15    program as indicated by factors, including, but not
16    limited to, the absence of improvement in student reading
17    and math achievement scores, an increased drop-out rate, a
18    decreased graduation rate, and a decrease in rate of
19    student attendance;
20        (3) (blank); or
21        (4) there is a failure or refusal to comply with the
22    provisions of this Act, other applicable laws, collective
23    bargaining agreements, court orders, or with Board rules
24    which the Board is authorized to promulgate.
25    (b) If the general superintendent identifies a

 

 

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1nonperforming school as described herein, he or she shall
2place the attendance center on remediation by developing a
3remediation plan for the center. The purpose of the
4remediation plan shall be to correct the deficiencies in the
5performance of the attendance center by one or more of the
6following methods:
7        (1) drafting a new school improvement plan;
8        (2) applying to the board for additional funding for
9    training for the local school council;
10        (3) directing implementation of a school improvement
11    plan;
12        (4) mediating disputes or other obstacles to reform or
13    improvement at the attendance center.
14    Nothing in this Section removes any authority of the local
15school council, which shall retain the right to reject or
16modify any school improvement plan or implementation thereof,
17as long as the rejection or modification of any school
18improvement plan or implementation thereof is consistent with
19State and federal requirements.
20    If, however, the general superintendent determines that
21the problems are not able to be remediated by these methods,
22the general superintendent shall place the attendance center
23on probation. The board shall establish guidelines that
24determine the factors for placing an attendance center on
25probation.
26    (c) Each school placed on probation shall have a school

 

 

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1improvement plan and school budget for correcting deficiencies
2identified by the board. The plan shall include specific steps
3that the local school council and school staff must take to
4correct identified deficiencies and specific objective
5criteria by which the school's subsequent progress will be
6determined. The school budget shall include specific
7expenditures directly calculated to correct educational and
8operational deficiencies identified at the school by the
9probation team.
10    (d) Schools placed on probation that, after a maximum of
11one year, fail to make adequate progress in correcting
12deficiencies are subject to the following actions by the
13general superintendent with the approval of the board, after
14opportunity for a hearing:
15        (1) Ordering new local school council elections.
16        (2) Removing and replacing the principal.
17        (3) Replacement of faculty members, subject to the
18    provisions of Section 24A-5.
19        (4) Reconstitution of the attendance center and
20    replacement and reassignment by the general superintendent
21    of all employees of the attendance center.
22        (5) Intervention under Section 34-8.4.
23        (5.5) Operating an attendance center as a contract
24    turnaround school.
25        (6) Closing of the school.
26    (e) Schools placed on probation shall remain on probation

 

 

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1from year to year until deficiencies are corrected, even if
2such schools make acceptable annual progress. The board shall
3establish, in writing, criteria for determining whether or not
4a school shall remain on probation. If academic achievement
5tests are used as the factor for placing a school on probation,
6the general superintendent shall consider objective criteria,
7not just an increase in test scores, in deciding whether or not
8a school shall remain on probation. These criteria shall
9include attendance, test scores, student mobility rates,
10poverty rates, bilingual education eligibility, special
11education, and English language proficiency programs, with
12progress made in these areas being taken into consideration in
13deciding whether or not a school shall remain on probation.
14Such criteria shall be delivered to each local school council
15on or before October 31 of each year.
16    (e-5) Notwithstanding any other provision of this Section
17to the contrary, a school that has been on probation for 5
18years or more shall have the following powers restored to its
19local school council:
20        (1) to grant approval of the school improvement plan;
21    and
22        (2) to approve the school budget.
23    With respect to the employment, dismissal, and evaluation
24of a school principal, the local school council of a school
25that has been on probation for 5 years or more shall conduct a
26non-binding poll that must be considered by the network chief.

 

 

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1The network chief shall work collaboratively with the local
2school council throughout the process of employment,
3dismissal, and evaluation of a school principal.
4    (f) Where the board has reason to believe that violations
5of civil rights, or of civil or criminal law have occurred, or
6when the general superintendent deems that the school is in
7educational crisis it may take immediate corrective action,
8including the actions specified in this Section, without first
9placing the school on remediation or probation. Nothing
10described herein shall limit the authority of the board as
11provided by any law of this State. The board shall develop
12criteria governing the determination regarding when a school
13is in educational crisis. Such criteria shall be delivered to
14each local school council on or before October 31 of each year.
15    (g) All persons serving as subdistrict superintendent on
16May 1, 1995 shall be deemed by operation of law to be serving
17under a performance contract which expires on June 30, 1995,
18and the employment of each such person as subdistrict
19superintendent shall terminate on June 30, 1995. The board
20shall have no obligation to compensate any such person as a
21subdistrict superintendent after June 30, 1995.
22    (h) The general superintendent shall, in consultation with
23local school councils, conduct an annual evaluation of each
24principal in the district pursuant to guidelines promulgated
25by the Board of Education.
26(Source: P.A. 96-105, eff. 7-30-09.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".