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Rep. Jaime M. Andrade, Jr.
Filed: 10/27/2021
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1 | | AMENDMENT TO SENATE BILL 101
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2 | | AMENDMENT NO. ______. Amend Senate Bill 101, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The School Code is amended by changing |
6 | | Sections 34-2.1, 34-2.2, 34-2.3, 34-2.4b, and 34-8.3 as |
7 | | follows:
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8 | | (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
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9 | | Sec. 34-2.1. Local school councils; composition; voter |
10 | | eligibility; elections; terms School Councils - Composition - |
11 | | Voter-Eligibility
- Elections - Terms . |
12 | | (a) Beginning with the first local school council election |
13 | | that occurs after the effective date of this amendatory Act of |
14 | | the 102nd General Assembly, a A local school council shall be |
15 | | established for each attendance
center within the school |
16 | | district , including public small schools within the district . |
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1 | | Each local school council shall
consist of the following 12 |
2 | | voting members: the principal of the
attendance center, 2 |
3 | | teachers employed and assigned to perform the
majority of |
4 | | their employment duties at the attendance center, 6 parents of
|
5 | | students currently enrolled at the attendance center, one |
6 | | employee of the school district employed and assigned to |
7 | | perform the majority of his or her employment duties at the |
8 | | attendance center who is not a teacher, and 2 community
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9 | | residents. Neither the parents nor the community residents who |
10 | | serve as
members of the local school council shall be |
11 | | employees of the Board of
Education. In each secondary |
12 | | attendance center, the local school council
shall consist of |
13 | | 13 voting members through the 2020-2021 school year, the 12 |
14 | | voting members described above
and one full-time student |
15 | | member, and 15 voting members beginning with the 2021-2022 |
16 | | school year, the 12 voting members described above and 3 |
17 | | full-time student members, appointed as provided in subsection
|
18 | | (m) below. In each attendance center enrolling students in 7th |
19 | | and 8th grade, one full-time student member shall be appointed |
20 | | as provided in subsection (m) of this Section.
In the event |
21 | | that the chief executive officer of the Chicago School Reform
|
22 | | Board of Trustees determines that a local school council is |
23 | | not carrying out
its financial duties effectively, the chief |
24 | | executive officer is authorized to
appoint a representative of |
25 | | the business community with experience in finance
and |
26 | | management
to serve as an advisor to the local school council |
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1 | | for
the purpose of providing advice and assistance to the |
2 | | local school council on
fiscal matters.
The advisor shall have |
3 | | access to relevant financial records of the
local school |
4 | | council. The advisor may attend executive sessions.
The chief |
5 | | executive officer shall
issue a written policy defining the |
6 | | circumstances under which a local school
council is not |
7 | | carrying out its financial duties effectively.
|
8 | | (b) Within 7 days of January 11, 1991, the Mayor shall |
9 | | appoint the
members and officers (a Chairperson who shall be a |
10 | | parent member and a
Secretary) of each local school council |
11 | | who shall hold their offices until
their successors shall be |
12 | | elected and qualified. Members so appointed shall
have all the |
13 | | powers and duties of local school councils as set forth in
|
14 | | Public Act 86-1477 this amendatory Act of 1991 . The Mayor's |
15 | | appointments shall not require
approval by the City Council.
|
16 | | The membership of each local school council shall be |
17 | | encouraged to be
reflective of the racial and ethnic |
18 | | composition of the student population
of the attendance center |
19 | | served by the local school council.
|
20 | | (c) Beginning with the 1995-1996 school year and in every |
21 | | even-numbered
year thereafter, the Board shall set second |
22 | | semester Parent Report Card
Pick-up Day for Local School |
23 | | Council elections and may schedule elections at
year-round |
24 | | schools for the same dates as the remainder of the school |
25 | | system.
Elections shall be
conducted as provided herein by the |
26 | | Board of Education in consultation with
the local school |
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1 | | council at each attendance center. |
2 | | (c-5) Notwithstanding subsection (c), for the local school |
3 | | council election set for the 2019-2020 school year, the Board |
4 | | may hold the election on the first semester Parent Report Card |
5 | | Pick-up Day of the 2020-2021 school year, making any necessary |
6 | | modifications to the election process or date to comply with |
7 | | guidance from the Department of Public Health and the federal |
8 | | Centers for Disease Control and Prevention. The terms of |
9 | | office of all local school council members eligible to serve |
10 | | and seated on or after March 23, 2020 through January 10, 2021 |
11 | | are extended through January 10, 2021, provided that the |
12 | | members continue to meet eligibility requirements for local |
13 | | school council membership.
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14 | | (d) Beginning with the 1995-96 school year, the following
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15 | | procedures shall apply to the election of local school council |
16 | | members 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
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2 | | residents for that attendance center.
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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.
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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.
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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
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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 |
11 | | election by
posting notices at the attendance center, in |
12 | | public places within the
attendance boundaries of the |
13 | | attendance center and by distributing notices
to the pupils at |
14 | | the attendance center, and shall utilize such other means
as |
15 | | it deems necessary to maximize the involvement of all eligible |
16 | | voters.
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17 | | (f) Nomination. The Council shall publicize the opening of |
18 | | nominations
by posting notices at the attendance center, in |
19 | | public places within the
attendance boundaries of the |
20 | | attendance center and by distributing notices
to the pupils at |
21 | | the attendance center, and shall utilize such other means
as |
22 | | it deems necessary to maximize the involvement of all eligible |
23 | | voters.
Not less than 2 weeks before the election date, |
24 | | persons eligible to run for
the Council shall submit their |
25 | | name,
date of birth, social
security number, if
available,
and |
26 | | some evidence of eligibility
to the Council. The Council shall |
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1 | | encourage nomination of candidates
reflecting the |
2 | | racial/ethnic population of the students at the attendance
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3 | | center. Each person nominated who runs as a candidate shall |
4 | | disclose, in a
manner determined by the Board, any economic |
5 | | interest held by such person,
by such person's spouse or |
6 | | children, or by each business entity in which
such person has |
7 | | an ownership interest, in any contract with the Board, any
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8 | | local school council or any public school in the school
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9 | | district.
Each person
nominated who runs as a candidate shall |
10 | | also disclose, in a manner determined
by the Board, if he or |
11 | | she ever has been convicted of any of the offenses
specified in |
12 | | subsection (c) of Section 34-18.5; provided that neither this
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13 | | provision nor any other provision of this Section shall be |
14 | | deemed to require
the disclosure of any information that is |
15 | | contained in any law enforcement
record or juvenile court |
16 | | record that is confidential or whose accessibility or
|
17 | | disclosure is restricted or prohibited under Section 5-901 or
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18 | | 5-905 of the Juvenile
Court Act of 1987.
Failure to make such |
19 | | disclosure shall render a person ineligible
for election or to |
20 | | serve on the local school council. The same
disclosure shall |
21 | | be
required of persons under consideration for appointment to |
22 | | the Council
pursuant to subsections (l) and (m) of this |
23 | | Section.
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24 | | (f-5) Notwithstanding disclosure, a person who has been |
25 | | convicted of any
of
the
following offenses at any time shall be |
26 | | ineligible for election or appointment
to a local
school |
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1 | | council and ineligible for appointment to a local school |
2 | | council
pursuant to
subsections (l) and (m) of this Section: |
3 | | (i) those defined in Section 11-1.20, 11-1.30, 11-1.40, |
4 | | 11-1.50, 11-1.60, 11-6,
11-9.1, 11-14.4, 11-16,
11-17.1, |
5 | | 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, |
6 | | 12-14, 12-14.1, 12-15, or
12-16, or subdivision (a)(2) of |
7 | | Section 11-14.3, of the
Criminal Code of 1961 or the Criminal |
8 | | Code of 2012, or (ii) any offense committed or attempted in any |
9 | | other
state or
against the laws of the United States, which, if |
10 | | committed or attempted in this
State,
would have been |
11 | | punishable as one or more of the foregoing offenses.
|
12 | | Notwithstanding
disclosure, a person who has been convicted of |
13 | | any of the following offenses
within the
10 years previous to |
14 | | the date of nomination or appointment shall be ineligible
for |
15 | | election or
appointment to a local school council:
(i) those |
16 | | defined in Section 401.1, 405.1, or 405.2 of the Illinois |
17 | | Controlled
Substances Act or (ii) any
offense committed
or |
18 | | attempted in any other state or against the laws of the United |
19 | | States,
which, if
committed or attempted in this State, would |
20 | | have been punishable as one or more
of the
foregoing offenses.
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21 | | Immediately upon election or appointment, incoming local |
22 | | school
council members
shall be
required to undergo a criminal |
23 | | background investigation, to be completed prior
to the member |
24 | | taking office,
in order to identify
any criminal convictions |
25 | | under the offenses enumerated in Section 34-18.5.
The |
26 | | investigation shall be conducted by the Illinois State Police |
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1 | | in the
same manner as provided for in Section 34-18.5. |
2 | | However, notwithstanding
Section 34-18.5, the social security |
3 | | number shall be provided only if
available.
If it is |
4 | | determined at any time that a local school council member or
|
5 | | member-elect has been convicted
of any of the offenses |
6 | | enumerated in this Section or failed to disclose a
conviction |
7 | | of any of the offenses enumerated in Section 34-18.5, the |
8 | | general
superintendent shall notify the local school council |
9 | | member or member-elect of
such
determination and the local |
10 | | school council member or member-elect shall be
removed from |
11 | | the
local school council by the Board, subject to a hearing,
|
12 | | convened pursuant to Board rule, prior to removal.
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13 | | (g) At least one week before the election date, the |
14 | | Council shall
publicize, in the manner provided in subsection |
15 | | (e), the names of persons
nominated for election.
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16 | | (h) Voting shall be in person by secret ballot at the |
17 | | attendance center
between the hours of 6:00 a.m. and 7:00 p.m.
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18 | | (i) Candidates receiving the highest number of votes shall |
19 | | be declared
elected by the Council. In cases of a tie, the |
20 | | Council shall determine the
winner by lottery lot .
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21 | | (j) The Council shall certify the results of the election |
22 | | and shall
publish the results in the minutes of the Council.
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23 | | (k) The general superintendent shall resolve any
disputes
|
24 | | concerning election procedure or results and shall ensure |
25 | | that, except as
provided in subsections (e) and (g), no |
26 | | resources of any attendance center
shall be used to endorse or |
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1 | | promote any candidate.
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2 | | (l) Beginning with the first local school council election |
3 | | that occurs after the effective date of this amendatory Act of |
4 | | the 102nd General Assembly, Beginning with the 1995-1996 |
5 | | school year
and in every
even numbered
year thereafter , the |
6 | | Board shall appoint 2 teacher
members to each
local school |
7 | | council. These appointments shall be made in the following
|
8 | | manner:
|
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.
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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).
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24 | | (m) Beginning with the 1995-1996 school year through the |
25 | | 2020-2021 school year, the Board shall appoint one student |
26 | | member to each
secondary attendance center. Beginning with the |
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1 | | 2021-2022 school year and for every school year thereafter, |
2 | | the Board shall appoint 3 student members to the local school |
3 | | council of each secondary attendance center and one student |
4 | | member to the local school council of each attendance center |
5 | | enrolling students in 7th and 8th grade . Students enrolled in |
6 | | grade 6 or above are eligible to be candidates for a local |
7 | | school council. No attendance center enrolling students in 7th |
8 | | and 8th grade may have more than one student member, unless the |
9 | | attendance center enrolls students in grades 7 through 12, in |
10 | | which case the attendance center may have a total of 3 student |
11 | | members on the local school council. The Board may establish |
12 | | criteria for students to be considered eligible to serve as a |
13 | | student member. These appointments shall be made in the
|
14 | | following 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 poll s 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 |
2 | | regulations for
election procedures as may be deemed necessary |
3 | | to ensure fair elections.
|
4 | | (o) In the event that a vacancy occurs during a member's |
5 | | term, the
Council shall appoint a person eligible to serve on |
6 | | the Council , to fill
the unexpired term created by the |
7 | | vacancy, except that any teacher or non-teacher staff vacancy
|
8 | | shall be filled by the Board after considering the preferences |
9 | | of the school
staff as ascertained through a non-binding |
10 | | advisory poll of school staff. In the case of a student |
11 | | vacancy, the vacancy shall be filled by the preferences of an |
12 | | election poll of students.
|
13 | | (p) If less than the specified number of persons is |
14 | | elected within each
candidate category, the newly elected |
15 | | local school council shall appoint
eligible persons to serve |
16 | | as members of the Council for 2-year two-year terms , as |
17 | | provided in subsection (c-5) of Section 34-2.2 of this Code .
|
18 | | (q) The Board shall promulgate rules regarding conflicts |
19 | | of interest
and disclosure of economic interests which shall |
20 | | apply to local school
council members and which shall require |
21 | | reports or statements to be filed
by Council members at |
22 | | regular intervals with the Secretary of the
Board. Failure to |
23 | | comply with such rules
or intentionally falsifying such |
24 | | reports shall be grounds for
disqualification from local |
25 | | school council membership. A vacancy on the
Council for |
26 | | disqualification may be so declared by the Secretary of the
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1 | | Board. Rules regarding conflicts of interest and disclosure of
|
2 | | economic interests promulgated by the Board shall apply to |
3 | | local school council
members. No less than 45 days prior to the |
4 | | deadline, the general
superintendent shall provide notice, by |
5 | | mail, to each local school council
member of all requirements |
6 | | and forms for compliance with economic interest
statements.
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7 | | (r) (1) If a parent member of a local school council ceases |
8 | | to have any
child
enrolled in the attendance center governed |
9 | | by the Local School Council due to
the graduation or voluntary |
10 | | transfer of a child or children from the attendance
center, |
11 | | the parent's membership on the Local School Council and all |
12 | | voting
rights are terminated immediately as of the date of the |
13 | | child's graduation or
voluntary transfer. If the child of a |
14 | | parent member of a local school council dies during the |
15 | | member's term in office, the member may continue to serve on |
16 | | the local school council for the balance of his or her term. |
17 | | Further,
a local school council member may be removed from the |
18 | | Council by a
majority vote of the Council as provided in |
19 | | subsection (c) of Section
34-2.2 if the Council member has |
20 | | missed 3 consecutive regular meetings, not
including committee |
21 | | meetings, or 5 regular meetings in a 12-month 12 month period,
|
22 | | not including committee meetings.
If a parent member of a |
23 | | local school council ceases to be eligible to serve
on the |
24 | | Council for any other reason, he or she shall be removed by the |
25 | | Board
subject
to a hearing, convened pursuant to Board rule, |
26 | | prior to removal.
A vote to remove a Council member by the |
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1 | | local school council shall
only be valid if the Council member |
2 | | has been notified personally or by
certified mail, mailed to |
3 | | the person's last known address, of the Council's
intent to |
4 | | vote on the Council member's removal at least 7 days prior to |
5 | | the
vote. The Council member in question shall have the right |
6 | | to explain
his or her actions and shall be eligible to vote on |
7 | | the
question of his or her removal from the Council. The |
8 | | provisions of this
subsection shall be contained within the |
9 | | petitions used to nominate Council
candidates.
|
10 | | (2) A person may continue to serve as a community resident |
11 | | member of a
local
school council as long as he or she resides |
12 | | in the attendance area served by
the
school and is not employed |
13 | | by the Board nor is a parent of a student enrolled
at the |
14 | | school. If a community resident member ceases to be eligible |
15 | | to serve
on the Council, he or she shall be removed by the |
16 | | Board subject to a hearing,
convened pursuant to Board rule, |
17 | | prior to removal.
|
18 | | (3) A person may continue to serve as a staff teacher |
19 | | member of a local school
council as long as he or she is |
20 | | employed and assigned to perform a majority of
his or her |
21 | | duties at the school, provided that if the staff teacher |
22 | | representative
resigns from employment with the Board or
|
23 | | voluntarily transfers to another school, the staff member's |
24 | | teacher's membership on the local
school council and all |
25 | | voting rights are terminated immediately as of the date
of the |
26 | | staff member's teacher's resignation or upon the date of the |
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1 | | staff member's teacher's voluntary
transfer to another school. |
2 | | If a staff teacher member of a local school council
ceases to |
3 | | be eligible to serve on a local school council for any other |
4 | | reason,
that member shall be removed by the Board subject to a |
5 | | hearing, convened
pursuant to Board rule, prior to removal. |
6 | | (s) As used in this Section only, "community resident" |
7 | | means a person, 17 years of age or older, residing within an |
8 | | attendance area served by a school, excluding any person who |
9 | | is a parent of a student enrolled in that school; provided that |
10 | | with respect to any multi-area school, community resident |
11 | | means any person, 17 years of age or older, residing within the |
12 | | voting district established for that school pursuant to |
13 | | Section 34-2.1c, excluding any person who is a parent of a |
14 | | student enrolled in that school. This definition does not |
15 | | apply to any provisions concerning school boards.
|
16 | | (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; |
17 | | 102-538, 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 - |
20 | | Manner of operation.
|
21 | | (a) The annual organizational meeting of each local school |
22 | | council
shall be held at the attendance center or via |
23 | | videoconference or teleconference if guidance from the |
24 | | Department of Public Health or Centers for Disease Control and |
25 | | Prevention limits the size of in-person meetings at the time |
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1 | | of the meeting. At the annual organization meeting,
which |
2 | | shall be held no sooner than July 1 and no later than July 14, |
3 | | a parent
member of the local school council shall be selected |
4 | | by the members of such
council as its chairperson, and a |
5 | | secretary shall be selected by the members of
such council |
6 | | from among their number, each to serve a term of one year.
|
7 | | However, an organizational meeting held by members elected to |
8 | | a local school council under subsection (c-5) of Section |
9 | | 34-2.1 may be held no sooner than January 11, 2021 and no later |
10 | | than January 31, 2021. Whenever a vacancy in the office of |
11 | | chairperson or secretary of a local school
council shall |
12 | | occur, a new chairperson (who shall be a parent member) or
|
13 | | secretary, as the case may be, shall be elected by the members |
14 | | of the local
school council from among their number to serve as |
15 | | such
chairperson or secretary for the unexpired term of office |
16 | | in which the
vacancy occurs. At each annual organizational |
17 | | meeting, the time and
place of any regular meetings of the |
18 | | local school council shall be fixed.
Special meetings of the |
19 | | local school council may be called by the
chairperson or by any |
20 | | 4 members from an attendance center enrolling students up to |
21 | | grade 8 or any 5 members from a secondary attendance center or |
22 | | an attendance center enrolling students in grades 7 through |
23 | | 12, by giving notice thereof in writing,
specifying the time, |
24 | | place and purpose of the meeting. Public notice of
meetings |
25 | | shall 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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1 | | serve
without compensation and without reimbursement of any |
2 | | expenses incurred in
the performance of their duties, except |
3 | | that the board of education may by
rule establish a procedure |
4 | | and thereunder provide for reimbursement of
members and |
5 | | officers of local school councils for such of their reasonable
|
6 | | and necessary expenses (excluding any lodging or meal |
7 | | expenses) incurred in
the performance of their duties as the |
8 | | board may deem appropriate.
|
9 | | (c) A majority of the full membership of the local school |
10 | | council
shall constitute a quorum, except as provided in |
11 | | subsection (c-5), and whenever a vote is taken on any measure
|
12 | | before the local school council, a quorum being present, the |
13 | | affirmative
vote of a majority of the votes of the full |
14 | | membership then serving of the
local school council shall |
15 | | determine the outcome thereof; provided that
whenever the |
16 | | measure before the local school council is (i) the evaluation
|
17 | | of the principal, or (ii) the renewal of his or her performance |
18 | | contract or
the inclusion of any provision or modification of |
19 | | the contract, or (iii)
the direct selection by the local |
20 | | school council of a new principal
(including
a new principal |
21 | | to fill a vacancy) to serve under a 4 year performance
|
22 | | contract, or (iv) the determination of the names of candidates |
23 | | to be submitted
to the general superintendent for the position |
24 | | of
principal, the
principal and any
student members of a local |
25 | | high school council shall not be counted for purposes of
|
26 | | determining whether a quorum is present to act on the measure |
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1 | | and shall have no
vote thereon; and provided further that 7 |
2 | | affirmative votes of the local school
council shall be |
3 | | required for the direct selection by the local school
council
|
4 | | of a new principal
to serve under a 4 year performance contract |
5 | | but not for the renewal of a
principal's performance contract.
|
6 | | (c-5) If the number of members serving on a the local |
7 | | school council at an attendance center enrolling students |
8 | | through the 8th grade falls below 7 members due to vacancies, |
9 | | then 4 serving members of whom at least 2 are parent or |
10 | | community elected members of the local school council shall |
11 | | constitute a quorum for the sole purpose of convening a |
12 | | meeting to fill vacancies through appointments in accordance |
13 | | with the process set forth in Section 34-2.1 of this Code. If |
14 | | the number of members serving on a local school council at a |
15 | | secondary attendance center falls below 8 members due to |
16 | | vacancies, then 5 serving members of whom at least 2 are parent |
17 | | or community members of the local school council shall |
18 | | constitute a quorum for the sole purpose of convening a |
19 | | meeting to fill vacancies through appointments in accordance |
20 | | with the process set forth in Section 34-2.1 of this Code. For |
21 | | such purposes, the affirmative vote of a majority of those |
22 | | present shall be required to fill a vacancy through |
23 | | appointment by the local school council. |
24 | | (d) Student members of high school councils shall not be |
25 | | eligible
to vote on personnel matters, including but not |
26 | | limited to principal
evaluations and contracts and the |
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1 | | allocation of teaching and staff resources.
|
2 | | (e) The local school council of an attendance center which |
3 | | provides
bilingual education shall be encouraged to provide |
4 | | translators at each
council meeting to maximize participation |
5 | | of parents and the community.
|
6 | | (f) Each local school council of an attendance center |
7 | | which provides
bilingual education shall create a Bilingual |
8 | | Advisory Committee or
recognize an existing Bilingual Advisory |
9 | | Committee as a standing committee.
The Chair and a majority of |
10 | | the members of the advisory committee shall be
parents of |
11 | | students in the bilingual education program. The parents on |
12 | | the
advisory committee shall be selected by parents of |
13 | | students in the
bilingual education program, and the committee |
14 | | shall select a Chair. The
advisory committee for each |
15 | | secondary attendance center shall include at
least one |
16 | | full-time bilingual education student. The Bilingual Advisory
|
17 | | Committee shall serve only in an advisory capacity to the |
18 | | local school council.
|
19 | | (g) Local school councils may utilize the services of an |
20 | | arbitration
board to resolve intra-council disputes.
|
21 | | (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; |
22 | | 102-296, 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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1 | | Powers and duties. Each local school
council shall have and |
2 | | exercise, consistent with the provisions of
this Article and |
3 | | the powers and duties of
the board of education, the following |
4 | | powers and duties:
|
5 | | 1. (A) To annually evaluate the performance of the |
6 | | principal of the
attendance
center
using a Board approved |
7 | | principal evaluation form, which shall include the
evaluation |
8 | | of
(i) student academic improvement, as defined by the
school |
9 | | improvement plan, (ii)
student absenteeism rates
at the |
10 | | school, (iii) instructional leadership, (iv) the effective
|
11 | | implementation of
programs, policies, or strategies to improve |
12 | | student academic achievement,
(v) school management, and (vi) |
13 | | any other factors deemed relevant by the local
school council, |
14 | | including, without limitation, the principal's communication
|
15 | | skills and ability to create and maintain a student-centered |
16 | | learning
environment, to develop opportunities for |
17 | | professional development, and to
encourage parental |
18 | | involvement and community partnerships to achieve school
|
19 | | improvement;
|
20 | | (B) to determine in the manner provided by subsection (c) |
21 | | of Section
34-2.2 and subdivision 1.5 of this Section whether |
22 | | the performance contract
of the principal shall be
renewed; |
23 | | and
|
24 | | (C) to directly select, in the manner provided by
|
25 | | subsection (c) of
Section 34-2.2, a new principal (including a |
26 | | new principal to fill a
vacancy)
-- without submitting any |
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1 | | list of candidates for that position to the
general |
2 | | superintendent as provided in paragraph 2 of this Section -- |
3 | | to
serve under a 4 year performance contract; provided that |
4 | | (i) the determination
of whether the principal's performance |
5 | | contract is to be renewed, based upon
the evaluation required |
6 | | by subdivision 1.5 of this Section, shall be made no
later than |
7 | | 150 days prior to the expiration of the current |
8 | | performance-based
contract of the principal, (ii) in cases |
9 | | where such performance
contract is not renewed -- a
direct |
10 | | selection
of a
new principal -- to serve under a 4 year |
11 | | performance contract shall be made by
the local school council |
12 | | no later than 45 days prior to the expiration of the
current |
13 | | performance contract of the principal, and (iii) a
selection |
14 | | by
the local school council of a new principal to fill a |
15 | | vacancy under a 4 year
performance contract shall be made |
16 | | within 90 days after the date such vacancy
occurs. A Council |
17 | | shall be required, if requested by the principal, to provide
|
18 | | in writing the reasons for the council's not renewing the |
19 | | principal's contract.
|
20 | | 1.5. The local school council's determination of whether |
21 | | to renew the
principal's contract shall be based on an |
22 | | evaluation to assess the educational
and administrative |
23 | | progress made at the school during the principal's current
|
24 | | performance-based contract. The local school council shall |
25 | | base its evaluation
on (i) student academic improvement, as |
26 | | defined by the school improvement plan,
(ii) student |
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1 | | absenteeism rates at the school, (iii) instructional |
2 | | leadership,
(iv) the effective implementation of programs, |
3 | | policies, or strategies to
improve student academic |
4 | | achievement, (v) school management, and (vi) any
other factors |
5 | | deemed relevant by the local school council, including, |
6 | | without
limitation, the principal's communication skills and |
7 | | ability to create and
maintain a student-centered learning |
8 | | environment, to develop opportunities for
professional |
9 | | development, and to encourage parental involvement and |
10 | | community
partnerships to achieve school improvement. If a |
11 | | local school council
fails to renew the performance contract |
12 | | of a principal rated by the general
superintendent, or his or |
13 | | her designee, in the previous years' evaluations as
meeting or |
14 | | exceeding expectations, the principal, within 15 days after |
15 | | the
local school council's decision not to renew the contract, |
16 | | may request a review
of the
local school council's principal |
17 | | non-retention decision by a hearing officer
appointed by the |
18 | | American Arbitration Association. A local school council
|
19 | | member or members or the general superintendent may support |
20 | | the principal's
request for review.
During the period of the |
21 | | hearing officer's review of the local school
council's |
22 | | decision on
whether or not to retain the principal, the local |
23 | | school council shall maintain
all authority
to search for and |
24 | | contract with a person to serve
as interim or acting
|
25 | | principal, or as the
principal of the attendance center under |
26 | | a 4-year performance contract,
provided that any performance |
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1 | | contract entered into by the local school council
shall be |
2 | | voidable
or
modified in accordance with the decision of the |
3 | | hearing officer.
The principal may request review only once |
4 | | while at that
attendance center. If a local school council |
5 | | renews the contract of a
principal who failed to obtain a |
6 | | rating of "meets" or "exceeds expectations" in
the general |
7 | | superintendent's evaluation for the previous year, the general |
8 | | superintendent,
within 15
days after the local
school |
9 | | council's decision to renew the contract,
may request a review |
10 | | of
the local school council's principal retention decision by |
11 | | a hearing officer
appointed by the American Arbitration |
12 | | Association. The general superintendent may request a review |
13 | | only
once
for that principal at that attendance center. All |
14 | | requests to review the
retention or non-retention of a |
15 | | principal shall be submitted to the general
superintendent, |
16 | | who shall, in turn, forward such requests, within 14 days of
|
17 | | receipt, to the American Arbitration Association.
The general |
18 | | superintendent shall send a contemporaneous copy of the |
19 | | request
that was forwarded to the American Arbitration |
20 | | Association to the principal and
to each local school council |
21 | | member and shall inform the local school council
of its rights |
22 | | and responsibilities under the arbitration process, including |
23 | | the
local school council's right to representation and the |
24 | | manner and process by
which the Board shall pay the costs of |
25 | | the council's representation.
If the local school council |
26 | | retains the
principal and the general superintendent requests |
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1 | | a review of the retention
decision, the local school council |
2 | | and the general
superintendent shall be considered parties to |
3 | | the arbitration, a hearing officer shall
be
chosen between |
4 | | those 2
parties pursuant to procedures promulgated by the |
5 | | State Board of Education,
and the principal may retain counsel |
6 | | and participate in the arbitration. If the local school |
7 | | council does not retain the principal and
the principal |
8 | | requests a review of the retention decision, the local school
|
9 | | council and the principal shall be considered parties to the
|
10 | | arbitration and a hearing
officer shall be chosen between |
11 | | those 2 parties pursuant to procedures
promulgated by the |
12 | | State Board of Education.
The hearing shall begin (i)
within |
13 | | 45 days
after the initial request for review is submitted by |
14 | | the principal to the
general superintendent or (ii) if the
|
15 | | initial request for
review is made by the general |
16 | | superintendent, within 45 days after that request
is mailed
to |
17 | | the American Arbitration Association.
The hearing officer |
18 | | shall render a
decision within 45
days after the hearing |
19 | | begins and within 90 days after the initial request
for |
20 | | review.
The Board shall contract with the American
Arbitration |
21 | | Association for all of the hearing officer's reasonable and
|
22 | | necessary costs. In addition, the Board shall pay any |
23 | | reasonable costs
incurred by a local school council for |
24 | | representation before a hearing
officer.
|
25 | | 1.10. The hearing officer shall conduct a hearing, which |
26 | | shall include (i)
a review of the principal's performance, |
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1 | | evaluations, and other evidence of
the principal's service at |
2 | | the school, (ii) reasons provided by the local
school council |
3 | | for its decision, and (iii) documentation evidencing views of
|
4 | | interested persons, including,
without limitation, students, |
5 | | parents, local school council members, school
faculty and |
6 | | staff, the principal, the general superintendent or his or her
|
7 | | designee, and members of the community. The burden of proof in |
8 | | establishing
that the local school council's decision was |
9 | | arbitrary and capricious shall be
on the party requesting the |
10 | | arbitration, and this party shall sustain the
burden by a |
11 | | preponderance of the evidence.
The hearing officer shall set |
12 | | the
local school council decision aside if that decision, in |
13 | | light of the record
developed at the hearing, is arbitrary and |
14 | | capricious. The decision of the
hearing officer may not be |
15 | | appealed to the Board or the State Board of
Education. If the |
16 | | hearing officer decides that the principal shall be
retained, |
17 | | the retention period shall not exceed 2 years.
|
18 | | 2. In the event (i) the local school council does not renew |
19 | | the
performance contract of the principal, or the principal |
20 | | fails to receive a
satisfactory rating as provided in |
21 | | subsection (h) of Section 34-8.3,
or the principal is
removed |
22 | | for cause during the term of his or her performance contract
in |
23 | | the manner provided by Section 34-85, or a vacancy in the |
24 | | position
of principal otherwise occurs prior to the expiration |
25 | | of the term of
a principal's performance contract, and (ii) |
26 | | the local school council
fails to directly select a new |
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1 | | principal to serve under a 4 year performance
contract,
the |
2 | | local school council in such event shall submit to the general
|
3 | | superintendent a list of 3 candidates -- listed in the local |
4 | | school
council's order of preference -- for the position of |
5 | | principal, one of
which shall be selected by the general |
6 | | superintendent to serve as
principal of the attendance center. |
7 | | If the general superintendent
fails or refuses to select one |
8 | | of the candidates on the list to serve as
principal within 30 |
9 | | days after being furnished with the candidate list,
the |
10 | | general superintendent shall select and place a principal on |
11 | | an interim
basis (i) for a period not to exceed one year or |
12 | | (ii) until the local school
council selects a new principal |
13 | | with 7 affirmative votes as
provided in subsection (c) of |
14 | | Section 34-2.2, whichever occurs first. If the
local school |
15 | | council
fails or refuses to select and appoint a new |
16 | | principal, as specified by
subsection (c) of Section 34-2.2, |
17 | | the general superintendent may select and
appoint a new |
18 | | principal on an interim basis for
an additional year or until a |
19 | | new contract principal is selected by the local
school |
20 | | council. There shall be no discrimination on the basis of
|
21 | | race, sex, creed, color or
disability unrelated to ability to |
22 | | perform in
connection with the submission of candidates for, |
23 | | and the selection of a
candidate to serve as principal of an |
24 | | attendance center. No person shall
be directly selected, |
25 | | listed as a candidate for, or selected to serve as
principal of |
26 | | an attendance center (i) if such person has been removed for |
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1 | | cause
from employment by the Board or (ii) if such person does |
2 | | not hold a valid
administrative certificate issued or |
3 | | exchanged under Article 21 and
endorsed as required by that |
4 | | Article for the position of principal. A
principal whose |
5 | | performance contract is not renewed as provided under
|
6 | | subsection (c) of Section 34-2.2 may nevertheless, if |
7 | | otherwise qualified
and certified as herein provided
and if he |
8 | | or she has received a satisfactory rating as provided in |
9 | | subsection
(h) of Section 34-8.3, be included by a local |
10 | | school council as
one of the 3 candidates listed in order of |
11 | | preference on any candidate list
from which one person is to be |
12 | | selected to serve as principal of the
attendance center under |
13 | | a new performance contract. The initial candidate
list |
14 | | required to be submitted by a local school council to the |
15 | | general
superintendent in cases where the local school council |
16 | | does not renew the
performance contract of its principal and |
17 | | does not directly select a new
principal to serve under a 4 |
18 | | year performance contract shall be submitted
not later than
30 |
19 | | days prior to the expiration of the current performance |
20 | | contract. In
cases where the local school council fails or |
21 | | refuses to submit the candidate
list to the general |
22 | | superintendent no later than 30 days prior to the
expiration |
23 | | of the incumbent principal's contract, the general |
24 | | superintendent
may
appoint a principal on an interim basis for |
25 | | a period not to exceed one year,
during which time the local |
26 | | school council shall be able to select a new
principal with 7 |
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1 | | affirmative votes as provided in subsection (c) of Section
|
2 | | 34-2.2. In cases where a principal is removed for cause or a
|
3 | | vacancy otherwise occurs in the position of principal and the |
4 | | vacancy is
not filled by direct selection by the local school |
5 | | council, the candidate
list shall be submitted by the local |
6 | | school council to the general
superintendent within 90 days |
7 | | after the date such
removal or
vacancy occurs.
In cases where |
8 | | the local school council fails or refuses to submit the
|
9 | | candidate list to the general superintendent within 90 days |
10 | | after the date of
the vacancy, the general superintendent may |
11 | | appoint a principal on an interim
basis for a period of one |
12 | | year, during which time the local school council
shall be able |
13 | | to select a new principal with 7 affirmative votes as provided |
14 | | in
subsection (c) of Section 34-2.2.
|
15 | | 2.5. Whenever a vacancy in the office of a principal |
16 | | occurs for any reason,
the vacancy shall be filled in the |
17 | | manner provided by this Section by the
selection of a new |
18 | | principal to serve under a 4 year performance contract.
|
19 | | 3. To establish additional criteria
to be included as part |
20 | | of
the
performance contract of its principal, provided that |
21 | | such additional
criteria shall not discriminate on the basis |
22 | | of race, sex, creed, color
or
disability unrelated to ability |
23 | | to perform, and shall not be inconsistent
with the uniform 4 |
24 | | year performance contract for principals developed by
the |
25 | | board as provided in Section 34-8.1 of the School Code
or with |
26 | | other provisions of this Article governing the
authority and |
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1 | | responsibility of principals.
|
2 | | 4. To approve the expenditure plan prepared by the |
3 | | principal with
respect to all funds allocated and distributed |
4 | | to the attendance center by
the Board. The expenditure plan |
5 | | shall be administered by the principal.
Notwithstanding any |
6 | | other provision of this Act or any other law, any
expenditure |
7 | | plan approved and
administered under this Section 34-2.3 shall |
8 | | be consistent with and subject to
the terms of any contract for |
9 | | services with a third party entered into by the
Chicago School |
10 | | Reform Board of Trustees or the board under this Act.
|
11 | | Via a supermajority vote of 8 7 members of a the local |
12 | | school council enrolling students through the 8th grade or 9 8
|
13 | | members of a high school local school council at a secondary |
14 | | attendance center or an attendance center enrolling students |
15 | | in grades 7 through 12 , the Council may transfer
allocations |
16 | | pursuant to Section 34-2.3 within funds; provided that such a
|
17 | | transfer is consistent with applicable law and
collective |
18 | | bargaining
agreements.
|
19 | | Beginning in fiscal year 1991 and in each fiscal year
|
20 | | thereafter, the
Board may reserve up to 1% of its total fiscal |
21 | | year budget for
distribution
on a prioritized basis to schools |
22 | | throughout the school system in order to
assure adequate |
23 | | programs to meet the needs of
special student populations as |
24 | | determined by the Board. This distribution
shall take into |
25 | | account the needs catalogued in the Systemwide Plan and the
|
26 | | various local school improvement plans of the local school |
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1 | | councils.
Information about these centrally funded programs |
2 | | shall be distributed to
the local school councils so that |
3 | | their subsequent planning and programming
will account for |
4 | | these provisions.
|
5 | | Beginning in fiscal year 1991 and in each fiscal year |
6 | | thereafter, from
other amounts available in the applicable |
7 | | fiscal year budget, the board
shall allocate a lump sum amount |
8 | | to each local school based upon
such formula as the board shall |
9 | | determine taking into account the special needs
of the student |
10 | | body. The local school
principal shall develop an expenditure |
11 | | plan in consultation with the local
school council, the |
12 | | professional personnel leadership
committee and with all
other |
13 | | school personnel, which reflects the
priorities and activities |
14 | | as described in the school's local school
improvement plan and |
15 | | is consistent with applicable law and collective
bargaining |
16 | | agreements and with board policies and standards; however, the
|
17 | | local school council shall have the right to request waivers |
18 | | of board policy
from the board of education and waivers of |
19 | | employee collective bargaining
agreements pursuant to Section |
20 | | 34-8.1a.
|
21 | | The expenditure plan developed by the principal with |
22 | | respect to
amounts available from the fund for prioritized |
23 | | special needs programs
and the allocated lump sum amount must |
24 | | be approved by the local school council.
|
25 | | The lump sum allocation shall take into account the
|
26 | | following 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 |
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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.
|
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1 | | g. (Blank).
|
2 | | Any funds unexpended at the end of the fiscal year shall be |
3 | | available to
the board of education for use as part of its |
4 | | budget for the following
fiscal year.
|
5 | | 5. To make recommendations to the principal concerning |
6 | | textbook
selection and concerning curriculum developed |
7 | | pursuant to the school
improvement plan which is consistent |
8 | | with systemwide curriculum objectives
in accordance with |
9 | | Sections 34-8 and 34-18 of the School Code and in
conformity |
10 | | with the collective bargaining agreement.
|
11 | | 6. To advise the principal concerning the attendance and
|
12 | | disciplinary policies for the attendance center, subject to |
13 | | the provisions
of this Article and Article 26, and consistent |
14 | | with the uniform system of
discipline established by the board |
15 | | pursuant to Section 34-19.
|
16 | | 7. To approve a school improvement plan developed as |
17 | | provided in Section
34-2.4. The process and schedule for plan |
18 | | development shall be publicized
to the entire school |
19 | | community, and the community shall be afforded the
opportunity |
20 | | to make recommendations concerning the plan. At least twice a
|
21 | | year the principal and
local
school council shall report |
22 | | publicly on
progress and problems with respect to plan |
23 | | implementation.
|
24 | | 8. To evaluate the allocation of teaching resources and |
25 | | other
certificated and uncertificated staff to the attendance |
26 | | center to determine
whether such allocation is consistent with |
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1 | | and in furtherance of
instructional objectives and school |
2 | | programs reflective of the school
improvement plan adopted for |
3 | | the attendance center; and to make
recommendations to the |
4 | | board, the general superintendent
and the
principal concerning |
5 | | any reallocation of teaching resources
or other staff whenever |
6 | | the council determines that any such
reallocation is |
7 | | appropriate because the qualifications of any existing
staff |
8 | | at the attendance center do not adequately match or support
|
9 | | instructional objectives or school programs which reflect the |
10 | | school
improvement plan.
|
11 | | 9. To make recommendations to the principal and the |
12 | | general superintendent
concerning their respective |
13 | | appointments, after August 31, 1989, and in the
manner |
14 | | provided by Section 34-8 and Section 34-8.1,
of persons to |
15 | | fill any vacant, additional or newly created
positions for |
16 | | teachers at the attendance center or at attendance centers
|
17 | | which include the attendance center served by the local school |
18 | | council.
|
19 | | 10. To request of the Board the manner in which training |
20 | | and
assistance shall be provided to the local school council. |
21 | | Pursuant to Board
guidelines a local school council is |
22 | | authorized to direct
the Board of Education to contract with |
23 | | personnel or not-for-profit
organizations not associated with |
24 | | the school district to train or assist
council members. If |
25 | | training or assistance is provided by contract with
personnel |
26 | | or organizations not associated with the school district, the
|
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1 | | period of training or assistance shall not exceed 30 hours |
2 | | during a given
school year; person shall not be employed on a |
3 | | continuous basis longer than
said period and shall not have |
4 | | been employed by the Chicago Board of
Education within the |
5 | | preceding six months. Council members shall receive
training |
6 | | in 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.
|
13 | | Council members shall, to the greatest extent possible, |
14 | | complete such
training within 90 days of election.
|
15 | | 11. In accordance with systemwide guidelines contained in |
16 | | the
System-Wide Educational Reform Goals and Objectives Plan, |
17 | | criteria for
evaluation of performance shall be established |
18 | | for local school councils
and local school council members. If |
19 | | a local school council persists in
noncompliance with |
20 | | systemwide requirements, the Board may impose sanctions
and |
21 | | take necessary corrective action, consistent with Section |
22 | | 34-8.3.
|
23 | | 12. Each local school council shall comply with the Open |
24 | | Meetings Act and
the Freedom of Information Act. Each local |
25 | | school council shall issue and
transmit to its school |
26 | | community a detailed annual report accounting for
its |
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1 | | activities programmatically and financially. Each local school |
2 | | council
shall convene at least 2 well-publicized meetings |
3 | | annually with its entire
school community. These meetings |
4 | | shall include presentation of the
proposed local school |
5 | | improvement plan, of the proposed school expenditure
plan, and |
6 | | the annual report, and shall provide an opportunity for public
|
7 | | comment.
|
8 | | 13. Each local school council is encouraged to involve |
9 | | additional
non-voting members of the school community in |
10 | | facilitating the council's
exercise of its responsibilities.
|
11 | | 14. The local school council may adopt a school
uniform or |
12 | | dress
code policy that governs the attendance center and that |
13 | | is
necessary to maintain the orderly process of a school |
14 | | function or prevent
endangerment of student health or safety, |
15 | | consistent with the policies and
rules of the Board of |
16 | | Education.
A school uniform or dress code policy adopted
by a |
17 | | local school council: (i) shall not be applied in such manner |
18 | | as to
discipline or deny attendance to a transfer student or |
19 | | any other student for
noncompliance with that
policy during |
20 | | such period of time as is reasonably necessary to enable the
|
21 | | student to acquire a school uniform or otherwise comply with |
22 | | the dress code
policy that is in effect at the attendance |
23 | | center into which the student's
enrollment is transferred; and |
24 | | (ii) shall include criteria and procedures under
which the |
25 | | local school council will accommodate the needs of or |
26 | | otherwise
provide
appropriate resources to assist a student |
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1 | | from an indigent family in complying
with an applicable school |
2 | | uniform or dress code policy.
A student whose parents or legal |
3 | | guardians object on religious grounds to the
student's |
4 | | compliance with an applicable school uniform or dress code |
5 | | policy
shall not be required to comply with that policy if the |
6 | | student's parents or
legal guardians present to the local |
7 | | school council a signed statement of
objection detailing the |
8 | | grounds for the objection.
|
9 | | 15. All decisions made and actions taken by the local |
10 | | school council in
the exercise of its powers and duties shall |
11 | | comply with State and federal
laws, all applicable collective |
12 | | bargaining agreements, court orders and
rules properly |
13 | | promulgated by the Board.
|
14 | | 15a. To grant, in accordance with board rules and |
15 | | policies,
the use of assembly halls and classrooms when not |
16 | | otherwise needed,
including lighting, heat, and attendants, |
17 | | for public lectures, concerts, and
other educational and |
18 | | social activities.
|
19 | | 15b. To approve, in accordance with board rules and |
20 | | policies, receipts and
expenditures for all internal accounts |
21 | | of the
attendance center, and to approve all fund-raising |
22 | | activities by nonschool
organizations that use the school |
23 | | building.
|
24 | | 16. (Blank).
|
25 | | 17. Names and addresses of local school council members |
26 | | shall
be a matter of public record.
|
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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 - |
4 | | Powers and duties. Each local school
council shall have and |
5 | | exercise, consistent with the provisions of
this Article and |
6 | | the powers and duties of
the board of education, the following |
7 | | powers and duties:
|
8 | | 1. (A) To annually evaluate the performance of the |
9 | | principal of the
attendance
center
using a Board approved |
10 | | principal evaluation form, which shall include the
evaluation |
11 | | of
(i) student academic improvement, as defined by the
school |
12 | | improvement plan, (ii)
student absenteeism rates
at the |
13 | | school, (iii) instructional leadership, (iv) the effective
|
14 | | implementation of
programs, policies, or strategies to improve |
15 | | student academic achievement,
(v) school management, and (vi) |
16 | | any other factors deemed relevant by the local
school council, |
17 | | including, without limitation, the principal's communication
|
18 | | skills and ability to create and maintain a student-centered |
19 | | learning
environment, to develop opportunities for |
20 | | professional development, and to
encourage parental |
21 | | involvement and community partnerships to achieve school
|
22 | | improvement;
|
23 | | (B) to determine in the manner provided by subsection (c) |
24 | | of Section
34-2.2 and subdivision 1.5 of this Section whether |
25 | | the performance contract
of the principal shall be
renewed; |
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1 | | and
|
2 | | (C) to directly select, in the manner provided by
|
3 | | subsection (c) of
Section 34-2.2, a new principal (including a |
4 | | new principal to fill a
vacancy)
-- without submitting any |
5 | | list of candidates for that position to the
general |
6 | | superintendent as provided in paragraph 2 of this Section -- |
7 | | to
serve under a 4 year performance contract; provided that |
8 | | (i) the determination
of whether the principal's performance |
9 | | contract is to be renewed, based upon
the evaluation required |
10 | | by subdivision 1.5 of this Section, shall be made no
later than |
11 | | 150 days prior to the expiration of the current |
12 | | performance-based
contract of the principal, (ii) in cases |
13 | | where such performance
contract is not renewed -- a
direct |
14 | | selection
of a
new principal -- to serve under a 4 year |
15 | | performance contract shall be made by
the local school council |
16 | | no later than 45 days prior to the expiration of the
current |
17 | | performance contract of the principal, and (iii) a
selection |
18 | | by
the local school council of a new principal to fill a |
19 | | vacancy under a 4 year
performance contract shall be made |
20 | | within 90 days after the date such vacancy
occurs. A Council |
21 | | shall be required, if requested by the principal, to provide
|
22 | | in writing the reasons for the council's not renewing the |
23 | | principal's contract.
|
24 | | 1.5. The local school council's determination of whether |
25 | | to renew the
principal's contract shall be based on an |
26 | | evaluation to assess the educational
and administrative |
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1 | | progress made at the school during the principal's current
|
2 | | performance-based contract. The local school council shall |
3 | | base its evaluation
on (i) student academic improvement, as |
4 | | defined by the school improvement plan,
(ii) student |
5 | | absenteeism rates at the school, (iii) instructional |
6 | | leadership,
(iv) the effective implementation of programs, |
7 | | policies, or strategies to
improve student academic |
8 | | achievement, (v) school management, and (vi) any
other factors |
9 | | deemed relevant by the local school council, including, |
10 | | without
limitation, the principal's communication skills and |
11 | | ability to create and
maintain a student-centered learning |
12 | | environment, to develop opportunities for
professional |
13 | | development, and to encourage parental involvement and |
14 | | community
partnerships to achieve school improvement. If a |
15 | | local school council
fails to renew the performance contract |
16 | | of a principal rated by the general
superintendent, or his or |
17 | | her designee, in the previous years' evaluations as
meeting or |
18 | | exceeding expectations, the principal, within 15 days after |
19 | | the
local school council's decision not to renew the contract, |
20 | | may request a review
of the
local school council's principal |
21 | | non-retention decision by a hearing officer
appointed by the |
22 | | American Arbitration Association. A local school council
|
23 | | member or members or the general superintendent may support |
24 | | the principal's
request for review.
During the period of the |
25 | | hearing officer's review of the local school
council's |
26 | | decision on
whether or not to retain the principal, the local |
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1 | | school council shall maintain
all authority
to search for and |
2 | | contract with a person to serve
as interim or acting
|
3 | | principal, or as the
principal of the attendance center under |
4 | | a 4-year performance contract,
provided that any performance |
5 | | contract entered into by the local school council
shall be |
6 | | voidable
or
modified in accordance with the decision of the |
7 | | hearing officer.
The principal may request review only once |
8 | | while at that
attendance center. If a local school council |
9 | | renews the contract of a
principal who failed to obtain a |
10 | | rating of "meets" or "exceeds expectations" in
the general |
11 | | superintendent's evaluation for the previous year, the general |
12 | | superintendent,
within 15
days after the local
school |
13 | | council's decision to renew the contract,
may request a review |
14 | | of
the local school council's principal retention decision by |
15 | | a hearing officer
appointed by the American Arbitration |
16 | | Association. The general superintendent may request a review |
17 | | only
once
for that principal at that attendance center. All |
18 | | requests to review the
retention or non-retention of a |
19 | | principal shall be submitted to the general
superintendent, |
20 | | who shall, in turn, forward such requests, within 14 days of
|
21 | | receipt, to the American Arbitration Association.
The general |
22 | | superintendent shall send a contemporaneous copy of the |
23 | | request
that was forwarded to the American Arbitration |
24 | | Association to the principal and
to each local school council |
25 | | member and shall inform the local school council
of its rights |
26 | | and responsibilities under the arbitration process, including |
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1 | | the
local school council's right to representation and the |
2 | | manner and process by
which the Board shall pay the costs of |
3 | | the council's representation.
If the local school council |
4 | | retains the
principal and the general superintendent requests |
5 | | a review of the retention
decision, the local school council |
6 | | and the general
superintendent shall be considered parties to |
7 | | the arbitration, a hearing officer shall
be
chosen between |
8 | | those 2
parties pursuant to procedures promulgated by the |
9 | | State Board of Education,
and the principal may retain counsel |
10 | | and participate in the arbitration. If the local school |
11 | | council does not retain the principal and
the principal |
12 | | requests a review of the retention decision, the local school
|
13 | | council and the principal shall be considered parties to the
|
14 | | arbitration and a hearing
officer shall be chosen between |
15 | | those 2 parties pursuant to procedures
promulgated by the |
16 | | State Board of Education.
The hearing shall begin (i)
within |
17 | | 45 days
after the initial request for review is submitted by |
18 | | the principal to the
general superintendent or (ii) if the
|
19 | | initial request for
review is made by the general |
20 | | superintendent, within 45 days after that request
is mailed
to |
21 | | the American Arbitration Association.
The hearing officer |
22 | | shall render a
decision within 45
days after the hearing |
23 | | begins and within 90 days after the initial request
for |
24 | | review.
The Board shall contract with the American
Arbitration |
25 | | Association for all of the hearing officer's reasonable and
|
26 | | necessary costs. In addition, the Board shall pay any |
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1 | | reasonable costs
incurred by a local school council for |
2 | | representation before a hearing
officer.
|
3 | | 1.10. The hearing officer shall conduct a hearing, which |
4 | | shall include (i)
a review of the principal's performance, |
5 | | evaluations, and other evidence of
the principal's service at |
6 | | the school, (ii) reasons provided by the local
school council |
7 | | for its decision, and (iii) documentation evidencing views of
|
8 | | interested persons, including,
without limitation, students, |
9 | | parents, local school council members, school
faculty and |
10 | | staff, the principal, the general superintendent or his or her
|
11 | | designee, and members of the community. The burden of proof in |
12 | | establishing
that the local school council's decision was |
13 | | arbitrary and capricious shall be
on the party requesting the |
14 | | arbitration, and this party shall sustain the
burden by a |
15 | | preponderance of the evidence.
The hearing officer shall set |
16 | | the
local school council decision aside if that decision, in |
17 | | light of the record
developed at the hearing, is arbitrary and |
18 | | capricious. The decision of the
hearing officer may not be |
19 | | appealed to the Board or the State Board of
Education. If the |
20 | | hearing officer decides that the principal shall be
retained, |
21 | | the retention period shall not exceed 2 years.
|
22 | | 2. In the event (i) the local school council does not renew |
23 | | the
performance contract of the principal, or the principal |
24 | | fails to receive a
satisfactory rating as provided in |
25 | | subsection (h) of Section 34-8.3,
or the principal is
removed |
26 | | for cause during the term of his or her performance contract
in |
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1 | | the manner provided by Section 34-85, or a vacancy in the |
2 | | position
of principal otherwise occurs prior to the expiration |
3 | | of the term of
a principal's performance contract, and (ii) |
4 | | the local school council
fails to directly select a new |
5 | | principal to serve under a 4 year performance
contract,
the |
6 | | local school council in such event shall submit to the general
|
7 | | superintendent a list of 3 candidates -- listed in the local |
8 | | school
council's order of preference -- for the position of |
9 | | principal, one of
which shall be selected by the general |
10 | | superintendent to serve as
principal of the attendance center. |
11 | | If the general superintendent
fails or refuses to select one |
12 | | of the candidates on the list to serve as
principal within 30 |
13 | | days after being furnished with the candidate list,
the |
14 | | general superintendent shall select and place a principal on |
15 | | an interim
basis (i) for a period not to exceed one year or |
16 | | (ii) until the local school
council selects a new principal |
17 | | with 7 affirmative votes as
provided in subsection (c) of |
18 | | Section 34-2.2, whichever occurs first. If the
local school |
19 | | council
fails or refuses to select and appoint a new |
20 | | principal, as specified by
subsection (c) of Section 34-2.2, |
21 | | the general superintendent may select and
appoint a new |
22 | | principal on an interim basis for
an additional year or until a |
23 | | new contract principal is selected by the local
school |
24 | | council. There shall be no discrimination on the basis of
|
25 | | race, sex, creed, color or
disability unrelated to ability to |
26 | | perform in
connection with the submission of candidates for, |
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1 | | and the selection of a
candidate to serve as principal of an |
2 | | attendance center. No person shall
be directly selected, |
3 | | listed as a candidate for, or selected to serve as
principal of |
4 | | an attendance center (i) if such person has been removed for |
5 | | cause
from employment by the Board or (ii) if such person does |
6 | | not hold a valid
administrative certificate issued or |
7 | | exchanged under Article 21 and
endorsed as required by that |
8 | | Article for the position of principal. A
principal whose |
9 | | performance contract is not renewed as provided under
|
10 | | subsection (c) of Section 34-2.2 may nevertheless, if |
11 | | otherwise qualified
and certified as herein provided
and if he |
12 | | or she has received a satisfactory rating as provided in |
13 | | subsection
(h) of Section 34-8.3, be included by a local |
14 | | school council as
one of the 3 candidates listed in order of |
15 | | preference on any candidate list
from which one person is to be |
16 | | selected to serve as principal of the
attendance center under |
17 | | a new performance contract. The initial candidate
list |
18 | | required to be submitted by a local school council to the |
19 | | general
superintendent in cases where the local school council |
20 | | does not renew the
performance contract of its principal and |
21 | | does not directly select a new
principal to serve under a 4 |
22 | | year performance contract shall be submitted
not later than
30 |
23 | | days prior to the expiration of the current performance |
24 | | contract. In
cases where the local school council fails or |
25 | | refuses to submit the candidate
list to the general |
26 | | superintendent no later than 30 days prior to the
expiration |
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1 | | of the incumbent principal's contract, the general |
2 | | superintendent
may
appoint a principal on an interim basis for |
3 | | a period not to exceed one year,
during which time the local |
4 | | school council shall be able to select a new
principal with 7 |
5 | | affirmative votes as provided in subsection (c) of Section
|
6 | | 34-2.2. In cases where a principal is removed for cause or a
|
7 | | vacancy otherwise occurs in the position of principal and the |
8 | | vacancy is
not filled by direct selection by the local school |
9 | | council, the candidate
list shall be submitted by the local |
10 | | school council to the general
superintendent within 90 days |
11 | | after the date such
removal or
vacancy occurs.
In cases where |
12 | | the local school council fails or refuses to submit the
|
13 | | candidate list to the general superintendent within 90 days |
14 | | after the date of
the vacancy, the general superintendent may |
15 | | appoint a principal on an interim
basis for a period of one |
16 | | year, during which time the local school council
shall be able |
17 | | to select a new principal with 7 affirmative votes as provided |
18 | | in
subsection (c) of Section 34-2.2.
|
19 | | 2.5. Whenever a vacancy in the office of a principal |
20 | | occurs for any reason,
the vacancy shall be filled in the |
21 | | manner provided by this Section by the
selection of a new |
22 | | principal to serve under a 4 year performance contract.
|
23 | | 3. To establish additional criteria
to be included as part |
24 | | of
the
performance contract of its principal, provided that |
25 | | such additional
criteria shall not discriminate on the basis |
26 | | of race, sex, creed, color
or
disability unrelated to ability |
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1 | | to perform, and shall not be inconsistent
with the uniform 4 |
2 | | year performance contract for principals developed by
the |
3 | | board as provided in Section 34-8.1 of the School Code
or with |
4 | | other provisions of this Article governing the
authority and |
5 | | responsibility of principals.
|
6 | | 4. To approve the expenditure plan prepared by the |
7 | | principal with
respect to all funds allocated and distributed |
8 | | to the attendance center by
the Board. The expenditure plan |
9 | | shall be administered by the principal.
Notwithstanding any |
10 | | other provision of this Act or any other law, any
expenditure |
11 | | plan approved and
administered under this Section 34-2.3 shall |
12 | | be consistent with and subject to
the terms of any contract for |
13 | | services with a third party entered into by the
Chicago School |
14 | | Reform Board of Trustees or the board under this Act.
|
15 | | Via a supermajority vote of 8 7 members of a the local |
16 | | school council enrolling students through the 8th grade or 9 8
|
17 | | members of a high school local school council at a secondary |
18 | | attendance center or an attendance center enrolling students |
19 | | in grades 7 through 12 , the Council may transfer
allocations |
20 | | pursuant to Section 34-2.3 within funds; provided that such a
|
21 | | transfer is consistent with applicable law and
collective |
22 | | bargaining
agreements.
|
23 | | Beginning in fiscal year 1991 and in each fiscal year
|
24 | | thereafter, the
Board may reserve up to 1% of its total fiscal |
25 | | year budget for
distribution
on a prioritized basis to schools |
26 | | throughout the school system in order to
assure adequate |
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1 | | programs to meet the needs of
special student populations as |
2 | | determined by the Board. This distribution
shall take into |
3 | | account the needs catalogued in the Systemwide Plan and the
|
4 | | various local school improvement plans of the local school |
5 | | councils.
Information about these centrally funded programs |
6 | | shall be distributed to
the local school councils so that |
7 | | their subsequent planning and programming
will account for |
8 | | these provisions.
|
9 | | Beginning in fiscal year 1991 and in each fiscal year |
10 | | thereafter, from
other amounts available in the applicable |
11 | | fiscal year budget, the board
shall allocate a lump sum amount |
12 | | to each local school based upon
such formula as the board shall |
13 | | determine taking into account the special needs
of the student |
14 | | body. The local school
principal shall develop an expenditure |
15 | | plan in consultation with the local
school council, the |
16 | | professional personnel leadership
committee and with all
other |
17 | | school personnel, which reflects the
priorities and activities |
18 | | as described in the school's local school
improvement plan and |
19 | | is consistent with applicable law and collective
bargaining |
20 | | agreements and with board policies and standards; however, the
|
21 | | local school council shall have the right to request waivers |
22 | | of board policy
from the board of education and waivers of |
23 | | employee collective bargaining
agreements pursuant to Section |
24 | | 34-8.1a.
|
25 | | The expenditure plan developed by the principal with |
26 | | respect to
amounts available from the fund for prioritized |
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1 | | special needs programs
and the allocated lump sum amount must |
2 | | be approved by the local school council.
|
3 | | The lump sum allocation shall take into account the
|
4 | | following 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 |
7 | | available to
the board of education for use as part of its |
8 | | budget for the following
fiscal year.
|
9 | | 5. To make recommendations to the principal concerning |
10 | | textbook
selection and concerning curriculum developed |
11 | | pursuant to the school
improvement plan which is consistent |
12 | | with systemwide curriculum objectives
in accordance with |
13 | | Sections 34-8 and 34-18 of the School Code and in
conformity |
14 | | with the collective bargaining agreement.
|
15 | | 6. To advise the principal concerning the attendance and
|
16 | | disciplinary policies for the attendance center, subject to |
17 | | the provisions
of this Article and Article 26, and consistent |
18 | | with the uniform system of
discipline established by the board |
19 | | pursuant to Section 34-19.
|
20 | | 7. To approve a school improvement plan developed as |
21 | | provided in Section
34-2.4. The process and schedule for plan |
22 | | development shall be publicized
to the entire school |
23 | | community, and the community shall be afforded the
opportunity |
24 | | to make recommendations concerning the plan. At least twice a
|
25 | | year the principal and
local
school council shall report |
26 | | publicly on
progress and problems with respect to plan |
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1 | | implementation.
|
2 | | 8. To evaluate the allocation of teaching resources and |
3 | | other
certificated and uncertificated staff to the attendance |
4 | | center to determine
whether such allocation is consistent with |
5 | | and in furtherance of
instructional objectives and school |
6 | | programs reflective of the school
improvement plan adopted for |
7 | | the attendance center; and to make
recommendations to the |
8 | | board, the general superintendent
and the
principal concerning |
9 | | any reallocation of teaching resources
or other staff whenever |
10 | | the council determines that any such
reallocation is |
11 | | appropriate because the qualifications of any existing
staff |
12 | | at the attendance center do not adequately match or support
|
13 | | instructional objectives or school programs which reflect the |
14 | | school
improvement plan.
|
15 | | 9. To make recommendations to the principal and the |
16 | | general superintendent
concerning their respective |
17 | | appointments, after August 31, 1989, and in the
manner |
18 | | provided by Section 34-8 and Section 34-8.1,
of persons to |
19 | | fill any vacant, additional or newly created
positions for |
20 | | teachers at the attendance center or at attendance centers
|
21 | | which include the attendance center served by the local school |
22 | | council.
|
23 | | 10. To request of the Board the manner in which training |
24 | | and
assistance shall be provided to the local school council. |
25 | | Pursuant to Board
guidelines a local school council is |
26 | | authorized to direct
the Board of Education to contract with |
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1 | | personnel or not-for-profit
organizations not associated with |
2 | | the school district to train or assist
council members. If |
3 | | training or assistance is provided by contract with
personnel |
4 | | or organizations not associated with the school district, the
|
5 | | period of training or assistance shall not exceed 30 hours |
6 | | during a given
school year; person shall not be employed on a |
7 | | continuous basis longer than
said period and shall not have |
8 | | been employed by the Chicago Board of
Education within the |
9 | | preceding six months. Council members shall receive
training |
10 | | in 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.
|
17 | | Council members shall, to the greatest extent possible, |
18 | | complete such
training within 90 days of election.
|
19 | | 11. In accordance with systemwide guidelines contained in |
20 | | the
System-Wide Educational Reform Goals and Objectives Plan, |
21 | | criteria for
evaluation of performance shall be established |
22 | | for local school councils
and local school council members. If |
23 | | a local school council persists in
noncompliance with |
24 | | systemwide requirements, the Board may impose sanctions
and |
25 | | take necessary corrective action, consistent with Section |
26 | | 34-8.3.
|
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1 | | 12. Each local school council shall comply with the Open |
2 | | Meetings Act and
the Freedom of Information Act. Each local |
3 | | school council shall issue and
transmit to its school |
4 | | community a detailed annual report accounting for
its |
5 | | activities programmatically and financially. Each local school |
6 | | council
shall convene at least 2 well-publicized meetings |
7 | | annually with its entire
school community. These meetings |
8 | | shall include presentation of the
proposed local school |
9 | | improvement plan, of the proposed school expenditure
plan, and |
10 | | the annual report, and shall provide an opportunity for public
|
11 | | comment.
|
12 | | 13. Each local school council is encouraged to involve |
13 | | additional
non-voting members of the school community in |
14 | | facilitating the council's
exercise of its responsibilities.
|
15 | | 14. The local school council may adopt a school
uniform or |
16 | | dress
code policy that governs the attendance center and that |
17 | | is
necessary to maintain the orderly process of a school |
18 | | function or prevent
endangerment of student health or safety, |
19 | | consistent with the policies and
rules of the Board of |
20 | | Education.
A school uniform or dress code policy adopted
by a |
21 | | local school council: (i) shall not be applied in such manner |
22 | | as to
discipline or deny attendance to a transfer student or |
23 | | any other student for
noncompliance with that
policy during |
24 | | such period of time as is reasonably necessary to enable the
|
25 | | student to acquire a school uniform or otherwise comply with |
26 | | the dress code
policy that is in effect at the attendance |
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1 | | center into which the student's
enrollment is transferred; |
2 | | (ii) shall include criteria and procedures under
which the |
3 | | local school council will accommodate the needs of or |
4 | | otherwise
provide
appropriate resources to assist a student |
5 | | from an indigent family in complying
with an applicable school |
6 | | uniform or dress code policy; and (iii) shall not include or |
7 | | apply to hairstyles, including hairstyles historically |
8 | | associated with race, ethnicity, or hair texture, including, |
9 | | but not limited to, protective hairstyles such as braids, |
10 | | locks, and twists.
A student whose parents or legal guardians |
11 | | object on religious grounds to the
student's compliance with |
12 | | an applicable school uniform or dress code policy
shall not be |
13 | | required to comply with that policy if the student's parents |
14 | | or
legal guardians present to the local school council a |
15 | | signed statement of
objection detailing the grounds for the |
16 | | objection. If a local school council does not comply with the |
17 | | requirements and prohibitions set forth in this paragraph 14, |
18 | | the attendance center is subject to the penalty imposed |
19 | | pursuant to subsection (a) of Section 2-3.25.
|
20 | | 15. All decisions made and actions taken by the local |
21 | | school council in
the exercise of its powers and duties shall |
22 | | comply with State and federal
laws, all applicable collective |
23 | | bargaining agreements, court orders and
rules properly |
24 | | promulgated by the Board.
|
25 | | 15a. To grant, in accordance with board rules and |
26 | | policies,
the use of assembly halls and classrooms when not |
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1 | | otherwise needed,
including lighting, heat, and attendants, |
2 | | for public lectures, concerts, and
other educational and |
3 | | social activities.
|
4 | | 15b. To approve, in accordance with board rules and |
5 | | policies, receipts and
expenditures for all internal accounts |
6 | | of the
attendance center, and to approve all fund-raising |
7 | | activities by nonschool
organizations that use the school |
8 | | building.
|
9 | | 16. (Blank).
|
10 | | 17. Names and addresses of local school council members |
11 | | shall
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 |
15 | | with the first local school council election that occurs after |
16 | | the effective date of this amendatory Act of the 102nd General |
17 | | Assembly, the The provisions of
Sections 34-2.1, 34-2.2, |
18 | | 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 , and
those provisions of |
19 | | paragraph 1 of Section 34-18 and paragraph (c) of
Section |
20 | | 34A-201a relating to the allocation or application -- by |
21 | | formula or
otherwise -- of lump sum amounts and other funds to |
22 | | attendance centers ,
shall not apply to attendance centers that |
23 | | have applied for and
been designated as a "Small School" by the |
24 | | Board, the
Cook County Juvenile Detention Center and Cook
|
25 | | County Jail schools, nor to the district's alternative schools |
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1 | | for pregnant
girls, nor to alternative schools established |
2 | | under Article 13A, nor to a contract school,
nor to the
Michael |
3 | | R. Durso School, the Jackson Adult Center, the Hillard Adult
|
4 | | Center, the Alternative Transitional School, or any other |
5 | | attendance
center designated by the Board as an alternative |
6 | | school, nor to any school established as a teacher training |
7 | | academy, nor to any school with a specialty 2-year programming |
8 | | model, nor to any school established as a one-year school or |
9 | | program, nor to any school with a specialty student focus or |
10 | | transient student population, provided that the
designation is |
11 | | not applied to an attendance center that has in place a legally
|
12 | | constituted local school council, except for contract |
13 | | turnaround schools. The board of education shall have and
|
14 | | exercise with respect to those schools and with respect to the |
15 | | conduct,
operation, affairs and budgets of those schools, and |
16 | | with respect to the
principals, teachers and other school |
17 | | staff there employed, the same powers
which are exercisable by |
18 | | local school councils with respect to the other
attendance |
19 | | centers, principals, teachers and school staff within the
|
20 | | district, together with all powers and duties generally |
21 | | exercisable by the
board of education with respect to all |
22 | | attendance centers within the
district. The board of education |
23 | | shall develop appropriate alternative
methods for involving |
24 | | parents, community members and school staff to the
maximum |
25 | | extent possible in all of the activities of those schools, and |
26 | | may
delegate to the parents, community members and school |
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1 | | staff so involved the
same powers which are exercisable by |
2 | | local school councils with respect to
other attendance |
3 | | centers.
|
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 |
7 | | centers.
|
8 | | (a) The general superintendent shall monitor the
|
9 | | performance of the
attendance centers within the district and |
10 | | shall
identify
attendance centers, pursuant to criteria that |
11 | | the 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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1 | | nonperforming school
as described herein, he or she shall |
2 | | place the attendance center on
remediation by developing a |
3 | | remediation plan for the center. The purpose
of the |
4 | | remediation plan shall be to correct the deficiencies in the
|
5 | | performance of the attendance center by one or more of the |
6 | | following 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 |
15 | | school council, which shall retain the right to reject or |
16 | | modify any school improvement plan or implementation thereof, |
17 | | as long as the rejection or modification of any school |
18 | | improvement plan or implementation thereof is consistent with |
19 | | State and federal requirements. |
20 | | If, however, the general superintendent determines that
|
21 | | the problems
are not able to be remediated by these methods, |
22 | | the
general superintendent shall place the attendance center |
23 | | on probation.
The board shall establish guidelines that |
24 | | determine the factors for placing
an attendance center on |
25 | | probation.
|
26 | | (c) Each
school placed on probation shall have a school |
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1 | | improvement plan
and school budget for correcting deficiencies |
2 | | identified
by the board. The plan shall
include specific steps |
3 | | that the local school council and school staff must
take to |
4 | | correct identified deficiencies and specific objective |
5 | | criteria
by which the
school's subsequent progress will be |
6 | | determined.
The school budget shall include specific |
7 | | expenditures directly calculated to
correct educational and |
8 | | operational deficiencies identified at the school by
the |
9 | | probation team.
|
10 | | (d) Schools placed on probation that, after a maximum of |
11 | | one year, fail
to make
adequate progress in correcting |
12 | | deficiencies are subject to the following actions
by the |
13 | | general superintendent with the approval of the board, after
|
14 | | opportunity 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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1 | | from year to
year until deficiencies are corrected, even if |
2 | | such schools make acceptable
annual progress.
The board shall |
3 | | establish, in writing, criteria for determining whether or
not |
4 | | a school shall remain on probation. If academic achievement |
5 | | tests are used
as the factor for placing a school on probation, |
6 | | the general superintendent
shall consider objective criteria, |
7 | | not just an increase in test scores, in
deciding whether or not |
8 | | a school shall remain on probation. These criteria
shall |
9 | | include attendance, test scores, student mobility rates, |
10 | | poverty rates,
bilingual education eligibility, special |
11 | | education, and English language
proficiency programs, with |
12 | | progress made in these areas being taken into
consideration in |
13 | | deciding whether or not a school shall remain on probation. |
14 | | Such criteria shall be delivered to each local school council |
15 | | on or before October 31 of each year. |
16 | | (e-5) Notwithstanding any other provision of this Section |
17 | | to the contrary, a school that has been on probation for 5 |
18 | | years or more shall have the following powers restored to its |
19 | | local 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 |
24 | | of a school principal, the local school council of a school |
25 | | that has been on probation for 5 years or more shall conduct a |
26 | | non-binding poll that must be considered by the network chief. |
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1 | | The network chief shall work collaboratively with the local |
2 | | school council throughout the process of employment, |
3 | | dismissal, and evaluation of a school principal. |
4 | | (f) Where the board
has reason to believe that violations |
5 | | of
civil rights, or of civil or criminal law have occurred, or |
6 | | when the general
superintendent deems that the school is in |
7 | | educational crisis it may take
immediate corrective action, |
8 | | including the actions specified in this Section,
without first |
9 | | placing the school on remediation or probation. Nothing
|
10 | | described herein shall limit the authority of the board as |
11 | | provided by any law
of this State. The board shall
develop |
12 | | criteria governing the determination regarding when a school |
13 | | is in
educational crisis. Such criteria shall be delivered to |
14 | | each local school council on or before October 31 of each year.
|
15 | | (g) All persons serving as subdistrict superintendent on |
16 | | May 1, 1995 shall
be deemed by operation of law to be serving |
17 | | under a performance contract which
expires on June 30, 1995, |
18 | | and the employment of each such person as subdistrict
|
19 | | superintendent shall terminate on June 30, 1995. The board |
20 | | shall have no
obligation to compensate any such person as a |
21 | | subdistrict superintendent after
June 30, 1995.
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22 | | (h) The general superintendent shall, in
consultation with |
23 | | local
school councils, conduct an annual evaluation of each |
24 | | principal in the
district pursuant to guidelines promulgated |
25 | | by the Board of
Education.
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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 |
2 | | changes in a statute that is represented in this Act by text |
3 | | that is not yet or no longer in effect (for example, a Section |
4 | | represented by multiple versions), the use of that text does |
5 | | not accelerate or delay the taking effect of (i) the changes |
6 | | made by this Act or (ii) provisions derived from any other |
7 | | Public Act.
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8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.".
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