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91_SB0652enr SB652 Enrolled LRB9105695NTsb 1 AN ACT concerning education, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Governmental Ethics Act is 5 amended by changing Section 4A-101 as follows: 6 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) 7 Sec. 4A-101. Persons required to file. The following 8 persons shall file verified written statements of economic 9 interests, as provided in this Article: 10 (a) Members of the General Assembly and candidates 11 for nomination or election to the General Assembly. 12 (b) Persons holding an elected office in the 13 Executive Branch of this State, and candidates for 14 nomination or election to these offices. 15 (c) Members of a Commission or Board created by the 16 Illinois Constitution, and candidates for nomination or 17 election to such Commission or Board. 18 (d) Persons whose appointment to office is subject 19 to confirmation by the Senate. 20 (e) Holders of, and candidates for nomination or 21 election to, the office of judge or associate judge of 22 the Circuit Court and the office of judge of the 23 Appellate or Supreme Court. 24 (f) Persons who are employed by any branch, agency, 25 authority or board of the government of this State, 26 including but not limited to, the Illinois State Toll 27 Highway Authority, the Illinois Housing Development 28 Authority, the Illinois Community College Board, and 29 institutions under the jurisdiction of the Board of 30 Trustees of the University of Illinois, Board of Trustees 31 of Southern Illinois University, Board of Trustees of SB652 Enrolled -2- LRB9105695NTsb 1 Chicago State University, Board of Trustees of Eastern 2 Illinois University, Board of Trustees of Governor's 3 State University, Board of Trustees of Illinois State 4 University, Board of Trustees of Northeastern Illinois 5 University, Board of Trustees of Northern Illinois 6 University, Board of Trustees of Western Illinois 7 University, or Board of Trustees of the Illinois 8 Mathematics and Science Academy, and are compensated for 9 services as employees and not as independent contractors 10 and who: 11 (1) are, or function as, the head of a 12 department, commission, board, division, bureau, 13 authority or other administrative unit within the 14 government of this State, or who exercise similar 15 authority within the government of this State; 16 (2) have direct supervisory authority over, or 17 direct responsibility for the formulation, 18 negotiation, issuance or execution of contracts 19 entered into by the State in the amount of $5,000 or 20 more; 21 (3) have authority for the issuance or 22 promulgation of rules and regulations within areas 23 under the authority of the State; 24 (4) have authority for the approval of 25 professional licenses; 26 (5) have responsibility with respect to the 27 financial inspection of regulated nongovernmental 28 entities; 29 (6) adjudicate, arbitrate, or decide any 30 judicial or administrative proceeding, or review the 31 adjudication, arbitration or decision of any 32 judicial or administrative proceeding within the 33 authority of the State; or 34 (7) have supervisory responsibility for 20 or SB652 Enrolled -3- LRB9105695NTsb 1 more employees of the State. 2 (g) Persons who are elected to office in a unit of 3 local government, and candidates for nomination or 4 election to that office, including regional 5 superintendents of school districts. 6 (h) Persons appointed to the governing board of a 7 unit of local government, or of a special district, and 8 persons appointed to a zoning board, or zoning board of 9 appeals, or to a regional, county, or municipal plan 10 commission, or to a board of review of any county, and 11 persons appointed to the Board of the Metropolitan Pier 12 and Exposition Authority and any Trustee appointed under 13 Section 22 of the Metropolitan Pier and Exposition 14 Authority Act, and persons appointed to a board or 15 commission of a unit of local government who have 16 authority to authorize the expenditure of public funds. 17 This subsection does not apply to members of boards or 18 commissions who function in an advisory capacity. 19 (i) Persons who are employed by a unit of local 20 government and are compensated for services as employees 21 and not as independent contractors and who: 22 (1) are, or function as, the head of a 23 department, division, bureau, authority or other 24 administrative unit within the unit of local 25 government, or who exercise similar authority within 26 the unit of local government; 27 (2) have direct supervisory authority over, or 28 direct responsibility for the formulation, 29 negotiation, issuance or execution of contracts 30 entered into by the unit of local government in the 31 amount of $1,000 or greater; 32 (3) have authority to approve licenses and 33 permits by the unit of local government; this item 34 does not include employees who function in a SB652 Enrolled -4- LRB9105695NTsb 1 ministerial capacity; 2 (4) adjudicate, arbitrate, or decide any 3 judicial or administrative proceeding, or review the 4 adjudication, arbitration or decision of any 5 judicial or administrative proceeding within the 6 authority of the unit of local government; 7 (5) have authority to issue or promulgate 8 rules and regulations within areas under the 9 authority of the unit of local government; or 10 (6) have supervisory responsibility for 20 or 11 more employees of the unit of local government. 12 (j) Persons on the Board of Trustees of the 13 Illinois Mathematics and Science Academy. 14 (k) Persons employed by a school district in 15 positions that require that person to hold an 16 administrative or a chief school business official 17 endorsement. 18 (l) (Blank).Persons appointed or elected to a19local school council established pursuant to Section2034-2.1 of the School Code.21 This Section shall not be construed to prevent any unit 22 of local government from enacting financial disclosure 23 requirements that mandaterequiremore information than 24 required by this Act. 25 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-4, eff. 26 1-1-96; 89-5, eff. 1-1-96; 89-106, eff. 7-7-95; 89-433, eff. 27 12-15-95.) 28 Section 10. The School Code is amended by changing 29 Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-3.4, 30 34-8, 34-8.1, 34-8.3, 34-11, 34-12, and 34-13 and adding 31 Section 34-8.3a as follows: 32 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1) SB652 Enrolled -5- LRB9105695NTsb 1 (Text of Section before amendment by P.A. 90-590) 2 Sec. 34-2.1. Local School Councils - Composition - 3 Voter-Eligibility - Elections - Terms. 4 (a) A local school council shall be established for each 5 attendance center within the school district. Each local 6 school council shall consist of the following 11 voting 7 members: the principal of the attendance center, 2 teachers 8 employed and assigned to perform the majority of their 9 employment duties at the attendance center, 6 parents of 10 students currently enrolled at the attendance center and 2 11 community residents. Neither the parents nor the community 12 residents who serve as members of the local school council 13 shall be employees of the Board of Education. In each 14 secondary attendance center, the local school council shall 15 consist of 12 voting members -- the 11 voting members 16 described above and one full-time student member, appointed 17 as provided in subsection (m) below. In the event that the 18 chief executive officer of the Chicago School Reform Board of 19 Trustees determines that a local school council is not 20 carrying out its financial duties effectively, the chief 21 executive officer is authorized to appoint a representative 22 of the business community with experience in finance and 23 management to serve as an advisor to the local school council 24 for the purpose of providing advice and assistance to the 25 local school council on fiscal matters. The advisor shall 26 have access to relevant financial records of the local school 27 council. The advisor may attend executive sessions. The 28 chief executive officer shall issue a written policy defining 29 the circumstances under which a local school council is not 30 carrying out its financial duties effectively. 31 (b) Within 7 days of January 11, 1991, the Mayor shall 32 appoint the members and officers (a Chairperson who shall be 33 a parent member and a Secretary) of each local school council 34 who shall hold their offices until their successors shall be SB652 Enrolled -6- LRB9105695NTsb 1 elected and qualified. Members so appointed shall have all 2 the powers and duties of local school councils as set forth 3 in this amendatory Act of 1991. The Mayor's appointments 4 shall not require approval by the City Council. 5 The membership of each local school council shall be 6 encouraged to be reflective of the racial and ethnic 7 composition of the student population of the attendance 8 center served by the local school council. 9 (c) Beginning with the 1995-1996 school year and in 10 every even-numbered year thereafter, the Board shall set 11 second semester Parent Report Card Pick-up Day for Local 12 School Council elections and may schedule elections at 13 year-round schools for the same dates as the remainder of the 14 school system. Elections shall be conducted as provided 15 herein by the Board of Education in consultation with the 16 local school council at each attendance center. 17 (d) Beginning with the 1995-96 school year, the 18 following procedures shall apply to the election of local 19 school council members at each attendance center: 20 (i) The elected members of each local school 21 council shall consist of the 6 parent members and the 2 22 community resident members. 23 (ii) Each elected member shall be elected by the 24 eligible voters of that attendance center to serve for a 25 two-year term commencing on July 1 immediately following 26 the election described in subsection (c). Eligible 27 voters for each attendance center shall consist of the 28 parents and community residents for that attendance 29 center. 30 (iii) Each eligible voter shall be entitled to cast 31 one vote for up to a total of 5 candidates, irrespective 32 of whether such candidates are parent or community 33 resident candidates. 34 (iv) Each parent voter shall be entitled to vote in SB652 Enrolled -7- LRB9105695NTsb 1 the local school council election at each attendance 2 center in which he or she has a child currently enrolled. 3 Each community resident voter shall be entitled to vote 4 in the local school council election at each attendance 5 center for which he or she resides in the applicable 6 attendance area or voting district, as the case may be. 7 (v) Each eligible voter shall be entitled to vote 8 once, but not more than once, in the local school council 9 election at each attendance center at which the voter is 10 eligible to vote. 11 (vi) The 2 teacher members of each local school 12 council shall be appointed as provided in subsection (l) 13 below each to serve for a two-year term coinciding with 14 that of the elected parent and community resident 15 members. 16 (vii) At secondary attendance centers, the voting 17 student member shall be appointed as provided in 18 subsection (m) below to serve for a one-year term 19 coinciding with the beginning of the terms of the elected 20 parent and community members of the local school council. 21 (e) The Council shall publicize the date and place of 22 the election by posting notices at the attendance center, in 23 public places within the attendance boundaries of the 24 attendance center and by distributing notices to the pupils 25 at the attendance center, and shall utilize such other means 26 as it deems necessary to maximize the involvement of all 27 eligible voters. 28 (f) Nomination. The Council shall publicize the opening 29 of nominations by posting notices at the attendance center, 30 in public places within the attendance boundaries of the 31 attendance center and by distributing notices to the pupils 32 at the attendance center, and shall utilize such other means 33 as it deems necessary to maximize the involvement of all 34 eligible voters. Not less than 2 weeks before the election SB652 Enrolled -8- LRB9105695NTsb 1 date, persons eligible to run for the Council shall submit 2 their name, date of birth, social security number, if 3 available, and some evidence of eligibility to the Council. 4 The Council shall encourage nomination of candidates 5 reflecting the racial/ethnic population of the students at 6 the attendance center. Each person nominated who runs as a 7 candidate shall disclose, in a manner determined by the 8 Board, any economic interest held by such person, by such 9 person's spouse or children, or by each business entity in 10 which such person has an ownership interest, in any contract 11 with the Board, any local school council or any public school 12 in the school district. Each person nominated who runs as a 13 candidate shall also disclose, in a manner determined by the 14 Board, if he or she ever has been convicted of any of the 15 offenses specified in subsection (c) of Section 34-18.5; 16 provided that neither this provision nor any other provision 17 of this Section shall be deemed to require the disclosure of 18 any information that is contained in any law enforcement 19 record or juvenile court record that is confidential or whose 20 accessibility or disclosure is restricted or prohibited under 21 Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure 22 to make such disclosure shall render a person ineligible for 23 election or to serve on the local school council. The same 24 disclosure shall be required of persons under consideration 25 for appointment to the Council pursuant to subsections (l) 26 and (m) of this Section. 27 (f-5) Notwithstanding disclosure, a person who has been 28 convicted of any of the following offenses at any time shall 29 be ineligible for election or appointment to a local school 30 council and ineligible for appointment to a local school 31 council pursuant to subsections (l) and (m) of this Section: 32 (i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1, 33 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 34 12-15, or 12-16 of the Criminal Code of 1961 or (ii) any SB652 Enrolled -9- LRB9105695NTsb 1 offense committed or attempted in any other state or against 2 the laws of the United States, which, if committed or 3 attempted in this State, would have been punishable as one or 4 more of the foregoing offenses. Notwithstanding disclosure, 5 a person who has been convicted of any of the following 6 offenses within the 10 years previous to the date of 7 nomination or appointment shall be ineligible for appointment 8 to a local school council pursuant to subsections (l) and (m) 9 of this Section: (i) those defined in Section 401.1, 405.1, 10 or 405.2 of the Illinois Controlled Substances Act or (ii) 11 any offense committed or attempted in any other state or 12 against the laws of the United States, which, if committed or 13 attempted in this State, would have been punishable as one or 14 more of the foregoing offenses. 15 Immediately upon election or appointment, incoming local 16 school council members shall be required to undergo a 17 criminal background investigation, to be completed prior to 18 the member taking office, using the member's name, date of 19 birth, and social security number, if available, in order to 20 identify any criminal convictions under the offenses 21 enumerated in Section 34-18.5. In instances in which one or 22 more individuals have the same name, date of birth, and 23 social security number as the member, the member shall 24 undergo a fingerprint background check. If it is determined 25 at any time that a local school council member or 26 member-elect has been convicted of any of the offenses 27 enumerated in this Section or failed to disclose a conviction 28 of any of the offenses enumerated in Section 34-18.5, the 29 general superintendent shall notify the local school council 30 member or member-elect of such determination and the local 31 school council member or member-elect shall be removed from 32 the local school council by the Board, subject to a hearing, 33 convened pursuant to Board rule, prior to removal. 34 (g) At least one week before the election date, the SB652 Enrolled -10- LRB9105695NTsb 1 Council shall publicize, in the manner provided in subsection 2 (e), the names of persons nominated for election. 3 (h) Voting shall be in person by secret ballot at the 4 attendance center between the hours of 6:00 a.m. and 7:00 5 p.m. 6 (i) Candidates receiving the highest number of votes 7 shall be declared elected by the Council. In cases of a tie, 8 the Council shall determine the winner by lot. 9 (j) The Council shall certify the results of the 10 election and shall publish the results in the minutes of the 11 Council. 12 (k) The general superintendent shall resolve any 13 disputes concerning election procedure or results and shall 14 ensure that, except as provided in subsections (e) and (g), 15 no resources of any attendance center shall be used to 16 endorse or promote any candidate. 17 (l) Beginning with the 1995-1996 school year and in 18 every even numbered year thereafter, the Board shall appoint 19 2 teacher members to each local school council. These 20 appointments shall be made in the following manner: 21 (i) The Board shall appoint 2 teachers who are 22 employed and assigned to perform the majority of their 23 employment duties at the attendance center to serve on 24 the local school council of the attendance center for a 25 two-year term coinciding with the terms of the elected 26 parent and community members of that local school 27 council. These appointments shall be made from among 28 those teachers who are nominated in accordance with 29 subsection (f). 30 (ii) A non-binding, advisory poll to ascertain the 31 preferences of the school staff regarding appointments of 32 teachers to the local school council for that attendance 33 center shall be conducted in accordance with the 34 procedures used to elect parent and community Council SB652 Enrolled -11- LRB9105695NTsb 1 representatives. At such poll, each member of the school 2 staff shall be entitled to indicate his or her preference 3 for up to 2 candidates from among those who submitted 4 statements of candidacy as described above. These 5 preferences shall be advisory only and the Board shall 6 maintain absolute discretion to appoint teacher members 7 to local school councils, irrespective of the preferences 8 expressed in any such poll. 9 (iii) In the event that a teacher representative is 10 unable to perform his or her employment duties at the 11 school due to illness, disability, leave of absence, or 12 any other reason, the Board shall declare a temporary 13 vacancy and appoint a replacement teacher representative 14 to serve on the local school council until such time as 15 the teacher member originally appointed pursuant to this 16 subsection (l) resumes service at the attendance center 17 or for the remainder of the term. The replacement 18 teacher representative shall be appointed in the same 19 manner and by the same procedures as teacher 20 representatives are appointed in subdivisions (i) and 21 (ii) of this subsection (l). 22 (m) Beginning with the 1995-1996 school year, and in 23 every year thereafter, the Board shall appoint one student 24 member to each secondary attendance center. These 25 appointments shall be made in the following manner: 26 (i) Appointments shall be made from among those 27 students who submit statements of candidacy to the 28 principal of the attendance center, such statements to be 29 submitted commencing on the first day of the twentieth 30 week of school and continuing for 2 weeks thereafter. 31 The form and manner of such candidacy statements shall be 32 determined by the Board. 33 (ii) During the twenty-second week of school in 34 every year, the principal of each attendance center shall SB652 Enrolled -12- LRB9105695NTsb 1 conduct a non-binding, advisory poll to ascertain the 2 preferences of the school students regarding the 3 appointment of a student to the local school council for 4 that attendance center. At such poll, each student shall 5 be entitled to indicate his or her preference for up to 6 one candidate from among those who submitted statements 7 of candidacy as described above. The Board shall 8 promulgate rules to ensure that these non-binding, 9 advisory polls are conducted in a fair and equitable 10 manner and maximize the involvement of all school 11 students. The preferences expressed in these 12 non-binding, advisory polls shall be transmitted by the 13 principal to the Board. However, these preferences shall 14 be advisory only and the Board shall maintain absolute 15 discretion to appoint student members to local school 16 councils, irrespective of the preferences expressed in 17 any such poll. 18 (iii) For the 1995-96 school year only, 19 appointments shall be made from among those students who 20 submitted statements of candidacy to the principal of the 21 attendance center during the first 2 weeks of the school 22 year. The principal shall communicate the results of any 23 nonbinding, advisory poll to the Board. These results 24 shall be advisory only, and the Board shall maintain 25 absolute discretion to appoint student members to local 26 school councils, irrespective of the preferences 27 expressed in any such poll. 28 (n) The Board may promulgate such other rules and 29 regulations for election procedures as may be deemed 30 necessary to ensure fair elections. 31 (o) In the event that a vacancy occurs during a member's 32 term, the Council shall appoint a person eligible to serve on 33 the Council, to fill the unexpired term created by the 34 vacancy, except that any teacher vacancy shall be filled by SB652 Enrolled -13- LRB9105695NTsb 1 the Board after considering the preferences of the school 2 staff as ascertained through a non-binding advisory poll of 3 school staff. 4 (p) If less than the specified number of persons is 5 elected within each candidate category, the newly elected 6 local school council shall appoint eligible persons to serve 7 as members of the Council for two-year terms. 8 (q) The Board shall promulgate rules regarding conflicts 9 of interest and disclosure of economic interests which shall 10 apply to local school council members and which shall require 11 reports or statements to be filed by Council members at 12 regular intervals with the Secretary of the Board. Failure 13 to comply with such rules or intentionally falsifying such 14 reports shall be grounds for disqualification from local 15 school council membership. A vacancy on the Council for 16 disqualification may be so declared by the Secretary of the 17 Board. Rules regarding conflicts of interest and disclosure 18 of economic interests promulgated by the Board shall apply to 19 local school council membersin addition to the requirements20of the Illinois Governmental Ethics Act applicable to local21school council members. No less than 45 days prior to the 22 deadline, the general superintendent shall provide notice, by 23 mail, to each local school council member of all requirements 24 and forms for compliance with economic interest statements. 25 (r) (1) If a parent member of a Local School Council 26 ceases to have any child enrolled in the attendance center 27 governed by the Local School Council due to the graduation or 28 voluntary transfer of a child or children from the attendance 29 center, the parent's membership on the Local School Council 30 and all voting rights are terminated immediately as of the 31 date of the child's graduation or voluntary transfer. 32 Further, a local school council member may be removed from 33 the Council by a majority vote of the Council as provided in 34 subsection (c) of Section 34-2.2 if the Council member has SB652 Enrolled -14- LRB9105695NTsb 1 missed 3 consecutive regular meetings, not including 2 committee meetings, or 5 regular meetings in a 12 month 3 period, not including committee meetings. If a parent member 4 of a local school council ceases to be eligible to serve on 5 the Council for any other reason, he or she shall be removed 6 by the Board subject to a hearing, convened pursuant to Board 7 rule, prior to removal.Further, a local school council8member may be removed by the council by a majority vote of9the council as provided in subsection (c) of Section 34-2.210if the council determines that a member failed to disclose a11conviction of any of the offenses specified in subsection (c)12of Section 34-18.5 as required in subsection (f) of this13Section 34-2.1.A vote to remove a Council member by the 14 local school council shall only be valid if the Council 15 member has been notified personally or by certified mail, 16 mailed to the person's last known address, of the Council's 17 intent to vote on the Council member's removal at least 7 18 days prior to the vote. The Council member in question shall 19 have the right to explain his or her actions and shall be 20 eligible to vote on the question of his or her removal from 21 the Council. The provisions of this subsection shall be 22 contained within the petitions used to nominate Council 23 candidates. 24 (2) A person may continue to serve as a community 25 resident member of a local school council as long as he or 26 she resides in the attendance area served by the school and 27 is not employed by the Board nor is a parent of a student 28 enrolled at the school. If a community resident member 29 ceases to be eligible to serve on the Council, he or she 30 shall be removed by the Board subject to a hearing, convened 31 pursuant to Board rule, prior to removal. 32 (3) A person may continue to serve as a teacher member 33 of a local school council as long as he or she is employed 34 and assigned to perform a majority of his or her duties at SB652 Enrolled -15- LRB9105695NTsb 1 the school, provided that if the teacher representative 2 resigns from employment with the Board or voluntarily 3 transfers to another school, the teacher's membership on the 4 local school council and all voting rights are terminated 5 immediately as of the date of the teacher's resignation or 6 upon the date of the teacher's voluntary transfer to another 7 school. If a teacher member of a local school council ceases 8 to be eligible to serve on a local school council for any 9 other reason, that member shall be removed by the Board 10 subject to a hearing, convened pursuant to Board rule, prior 11 to removal. 12 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95; 13 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff. 14 8-14-97.) 15 (Text of Section after amendment by P.A. 90-590) 16 Sec. 34-2.1. Local School Councils - Composition - 17 Voter-Eligibility - Elections - Terms. 18 (a) A local school council shall be established for each 19 attendance center within the school district. Each local 20 school council shall consist of the following 11 voting 21 members: the principal of the attendance center, 2 teachers 22 employed and assigned to perform the majority of their 23 employment duties at the attendance center, 6 parents of 24 students currently enrolled at the attendance center and 2 25 community residents. Neither the parents nor the community 26 residents who serve as members of the local school council 27 shall be employees of the Board of Education. In each 28 secondary attendance center, the local school council shall 29 consist of 12 voting members -- the 11 voting members 30 described above and one full-time student member, appointed 31 as provided in subsection (m) below. In the event that the 32 chief executive officer of the Chicago School Reform Board of 33 Trustees determines that a local school council is not 34 carrying out its financial duties effectively, the chief SB652 Enrolled -16- LRB9105695NTsb 1 executive officer is authorized to appoint a representative 2 of the business community with experience in finance and 3 management to serve as an advisor to the local school council 4 for the purpose of providing advice and assistance to the 5 local school council on fiscal matters. The advisor shall 6 have access to relevant financial records of the local school 7 council. The advisor may attend executive sessions. The 8 chief executive officer shall issue a written policy defining 9 the circumstances under which a local school council is not 10 carrying out its financial duties effectively. 11 (b) Within 7 days of January 11, 1991, the Mayor shall 12 appoint the members and officers (a Chairperson who shall be 13 a parent member and a Secretary) of each local school council 14 who shall hold their offices until their successors shall be 15 elected and qualified. Members so appointed shall have all 16 the powers and duties of local school councils as set forth 17 in this amendatory Act of 1991. The Mayor's appointments 18 shall not require approval by the City Council. 19 The membership of each local school council shall be 20 encouraged to be reflective of the racial and ethnic 21 composition of the student population of the attendance 22 center served by the local school council. 23 (c) Beginning with the 1995-1996 school year and in 24 every even-numbered year thereafter, the Board shall set 25 second semester Parent Report Card Pick-up Day for Local 26 School Council elections and may schedule elections at 27 year-round schools for the same dates as the remainder of the 28 school system. Elections shall be conducted as provided 29 herein by the Board of Education in consultation with the 30 local school council at each attendance center. 31 (d) Beginning with the 1995-96 school year, the 32 following procedures shall apply to the election of local 33 school council members at each attendance center: 34 (i) The elected members of each local school SB652 Enrolled -17- LRB9105695NTsb 1 council shall consist of the 6 parent members and the 2 2 community resident members. 3 (ii) Each elected member shall be elected by the 4 eligible voters of that attendance center to serve for a 5 two-year term commencing on July 1 immediately following 6 the election described in subsection (c). Eligible 7 voters for each attendance center shall consist of the 8 parents and community residents for that attendance 9 center. 10 (iii) Each eligible voter shall be entitled to cast 11 one vote for up to a total of 5 candidates, irrespective 12 of whether such candidates are parent or community 13 resident candidates. 14 (iv) Each parent voter shall be entitled to vote in 15 the local school council election at each attendance 16 center in which he or she has a child currently enrolled. 17 Each community resident voter shall be entitled to vote 18 in the local school council election at each attendance 19 center for which he or she resides in the applicable 20 attendance area or voting district, as the case may be. 21 (v) Each eligible voter shall be entitled to vote 22 once, but not more than once, in the local school council 23 election at each attendance center at which the voter is 24 eligible to vote. 25 (vi) The 2 teacher members of each local school 26 council shall be appointed as provided in subsection (l) 27 below each to serve for a two-year term coinciding with 28 that of the elected parent and community resident 29 members. 30 (vii) At secondary attendance centers, the voting 31 student member shall be appointed as provided in 32 subsection (m) below to serve for a one-year term 33 coinciding with the beginning of the terms of the elected 34 parent and community members of the local school council. SB652 Enrolled -18- LRB9105695NTsb 1 (e) The Council shall publicize the date and place of 2 the election by posting notices at the attendance center, in 3 public places within the attendance boundaries of the 4 attendance center and by distributing notices to the pupils 5 at the attendance center, and shall utilize such other means 6 as it deems necessary to maximize the involvement of all 7 eligible voters. 8 (f) Nomination. The Council shall publicize the opening 9 of nominations by posting notices at the attendance center, 10 in public places within the attendance boundaries of the 11 attendance center and by distributing notices to the pupils 12 at the attendance center, and shall utilize such other means 13 as it deems necessary to maximize the involvement of all 14 eligible voters. Not less than 2 weeks before the election 15 date, persons eligible to run for the Council shall submit 16 their name, date of birth, social security number, if 17 available, and some evidence of eligibility to the Council. 18 The Council shall encourage nomination of candidates 19 reflecting the racial/ethnic population of the students at 20 the attendance center. Each person nominated who runs as a 21 candidate shall disclose, in a manner determined by the 22 Board, any economic interest held by such person, by such 23 person's spouse or children, or by each business entity in 24 which such person has an ownership interest, in any contract 25 with the Board, any local school council or any public school 26 in the school district. Each person nominated who runs as a 27 candidate shall also disclose, in a manner determined by the 28 Board, if he or she ever has been convicted of any of the 29 offenses specified in subsection (c) of Section 34-18.5; 30 provided that neither this provision nor any other provision 31 of this Section shall be deemed to require the disclosure of 32 any information that is contained in any law enforcement 33 record or juvenile court record that is confidential or whose 34 accessibility or disclosure is restricted or prohibited under SB652 Enrolled -19- LRB9105695NTsb 1 Section 5-901 or 5-905 of the Juvenile Court Act of 1987. 2 Failure to make such disclosure shall render a person 3 ineligible for election or to serve on the local school 4 council. The same disclosure shall be required of persons 5 under consideration for appointment to the Council pursuant 6 to subsections (l) and (m) of this Section. 7 (f-5) Notwithstanding disclosure, a person who has been 8 convicted of any of the following offenses at any time shall 9 be ineligible for election or appointment to a local school 10 council and ineligible for appointment to a local school 11 council pursuant to subsections (l) and (m) of this Section: 12 (i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1, 13 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1, 14 12-15, or 12-16 of the Criminal Code of 1961 or (ii) any 15 offense committed or attempted in any other state or against 16 the laws of the United States, which, if committed or 17 attempted in this State, would have been punishable as one or 18 more of the foregoing offenses. Notwithstanding disclosure, 19 a person who has been convicted of any of the following 20 offenses within the 10 years previous to the date of 21 nomination or appointment shall be ineligible for appointment 22 to a local school council pursuant to subsections (l) and (m) 23 of this Section: (i) those defined in Section 401.1, 405.1, 24 or 405.2 of the Illinois Controlled Substances Act or (ii) 25 any offense committed or attempted in any other state or 26 against the laws of the United States, which, if committed or 27 attempted in this State, would have been punishable as one or 28 more of the foregoing offenses. 29 Immediately upon election or appointment, incoming local 30 school council members shall be required to undergo a 31 criminal background investigation, to be completed prior to 32 the member taking office, using the member's name, date of 33 birth, and social security number, if available, in order to 34 identify any criminal convictions under the offenses SB652 Enrolled -20- LRB9105695NTsb 1 enumerated in Section 34-18.5. In instances in which one or 2 more individuals have the same name, date of birth, and 3 social security number as the member, the member shall 4 undergo a fingerprint background check. If it is determined 5 at any time that a local school council member or 6 member-elect has been convicted of any of the offenses 7 enumerated in this Section or failed to disclose a conviction 8 of any of the offenses enumerated in Section 34-18.5, the 9 general superintendent shall notify the local school council 10 member or member-elect of such determination and the local 11 school council member or member-elect shall be removed from 12 the local school council by the Board, subject to a hearing, 13 convened pursuant to Board rule, prior to removal. 14 (g) At least one week before the election date, the 15 Council shall publicize, in the manner provided in subsection 16 (e), the names of persons nominated for election. 17 (h) Voting shall be in person by secret ballot at the 18 attendance center between the hours of 6:00 a.m. and 7:00 19 p.m. 20 (i) Candidates receiving the highest number of votes 21 shall be declared elected by the Council. In cases of a tie, 22 the Council shall determine the winner by lot. 23 (j) The Council shall certify the results of the 24 election and shall publish the results in the minutes of the 25 Council. 26 (k) The general superintendent shall resolve any 27 disputes concerning election procedure or results and shall 28 ensure that, except as provided in subsections (e) and (g), 29 no resources of any attendance center shall be used to 30 endorse or promote any candidate. 31 (l) Beginning with the 1995-1996 school year and in 32 every even numbered year thereafter, the Board shall appoint 33 2 teacher members to each local school council. These 34 appointments shall be made in the following manner: SB652 Enrolled -21- LRB9105695NTsb 1 (i) The Board shall appoint 2 teachers who are 2 employed and assigned to perform the majority of their 3 employment duties at the attendance center to serve on 4 the local school council of the attendance center for a 5 two-year term coinciding with the terms of the elected 6 parent and community members of that local school 7 council. These appointments shall be made from among 8 those teachers who are nominated in accordance with 9 subsection (f). 10 (ii) A non-binding, advisory poll to ascertain the 11 preferences of the school staff regarding appointments of 12 teachers to the local school council for that attendance 13 center shall be conducted in accordance with the 14 procedures used to elect parent and community Council 15 representatives. At such poll, each member of the school 16 staff shall be entitled to indicate his or her preference 17 for up to 2 candidates from among those who submitted 18 statements of candidacy as described above. These 19 preferences shall be advisory only and the Board shall 20 maintain absolute discretion to appoint teacher members 21 to local school councils, irrespective of the preferences 22 expressed in any such poll. 23 (iii) In the event that a teacher representative is 24 unable to perform his or her employment duties at the 25 school due to illness, disability, leave of absence, 26 disciplinary action, or any other reason, the Board shall 27 declare a temporary vacancy and appoint a replacement 28 teacher representative to serve on the local school 29 council until such time as the teacher member originally 30 appointed pursuant to this subsection (l) resumes service 31 at the attendance center or for the remainder of the 32 term. The replacement teacher representative shall be 33 appointed in the same manner and by the same procedures 34 as teacher representatives are appointed in subdivisions SB652 Enrolled -22- LRB9105695NTsb 1 (i) and (ii) of this subsection (l). 2 (m) Beginning with the 1995-1996 school year, and in 3 every year thereafter, the Board shall appoint one student 4 member to each secondary attendance center. These 5 appointments shall be made in the following manner: 6 (i) Appointments shall be made from among those 7 students who submit statements of candidacy to the 8 principal of the attendance center, such statements to be 9 submitted commencing on the first day of the twentieth 10 week of school and continuing for 2 weeks thereafter. 11 The form and manner of such candidacy statements shall be 12 determined by the Board. 13 (ii) During the twenty-second week of school in 14 every year, the principal of each attendance center shall 15 conduct a non-binding, advisory poll to ascertain the 16 preferences of the school students regarding the 17 appointment of a student to the local school council for 18 that attendance center. At such poll, each student shall 19 be entitled to indicate his or her preference for up to 20 one candidate from among those who submitted statements 21 of candidacy as described above. The Board shall 22 promulgate rules to ensure that these non-binding, 23 advisory polls are conducted in a fair and equitable 24 manner and maximize the involvement of all school 25 students. The preferences expressed in these 26 non-binding, advisory polls shall be transmitted by the 27 principal to the Board. However, these preferences shall 28 be advisory only and the Board shall maintain absolute 29 discretion to appoint student members to local school 30 councils, irrespective of the preferences expressed in 31 any such poll. 32 (iii) For the 1995-96 school year only, 33 appointments shall be made from among those students who 34 submitted statements of candidacy to the principal of the SB652 Enrolled -23- LRB9105695NTsb 1 attendance center during the first 2 weeks of the school 2 year. The principal shall communicate the results of any 3 nonbinding, advisory poll to the Board. These results 4 shall be advisory only, and the Board shall maintain 5 absolute discretion to appoint student members to local 6 school councils, irrespective of the preferences 7 expressed in any such poll. 8 (n) The Board may promulgate such other rules and 9 regulations for election procedures as may be deemed 10 necessary to ensure fair elections. 11 (o) In the event that a vacancy occurs during a member's 12 term, the Council shall appoint a person eligible to serve on 13 the Council, to fill the unexpired term created by the 14 vacancy, except that any teacher vacancy shall be filled by 15 the Board after considering the preferences of the school 16 staff as ascertained through a non-binding advisory poll of 17 school staff. 18 (p) If less than the specified number of persons is 19 elected within each candidate category, the newly elected 20 local school council shall appoint eligible persons to serve 21 as members of the Council for two-year terms. 22 (q) The Board shall promulgate rules regarding conflicts 23 of interest and disclosure of economic interests which shall 24 apply to local school council members and which shall require 25 reports or statements to be filed by Council members at 26 regular intervals with the Secretary of the Board. Failure 27 to comply with such rules or intentionally falsifying such 28 reports shall be grounds for disqualification from local 29 school council membership. A vacancy on the Council for 30 disqualification may be so declared by the Secretary of the 31 Board. Rules regarding conflicts of interest and disclosure 32 of economic interests promulgated by the Board shall apply to 33 local school council membersin addition to the requirements34of the Illinois Governmental Ethics Act applicable to localSB652 Enrolled -24- LRB9105695NTsb 1school council members. No less than 45 days prior to the 2 deadline, the general superintendent shall provide notice, by 3 mail, to each local school council member of all requirements 4 and forms for compliance with economic interest statements. 5 (r) (1) If a parent member of a local school council 6 ceases to have any child enrolled in the attendance center 7 governed by the Local School Council due to the graduation or 8 voluntary transfer of a child or children from the attendance 9 center, the parent's membership on the Local School Council 10 and all voting rights are terminated immediately as of the 11 date of the child's graduation or voluntary transfer. 12 Further, a local school council member may be removed from 13 the Council by a majority vote of the Council as provided in 14 subsection (c) of Section 34-2.2 if the Council member has 15 missed 3 consecutive regular meetings, not including 16 committee meetings, or 5 regular meetings in a 12 month 17 period, not including committee meetings. If a parent member 18 of a local school council ceases to be eligible to serve on 19 the Council for any other reason, he or she shall be removed 20 by the Board subject to a hearing, convened pursuant to Board 21 rule, prior to removal.Further, a local school council22member may be removed by the council by a majority vote of23the council as provided in subsection (c) of Section 34-2.224if the council determines that a member failed to disclose a25conviction of any of the offenses specified in subsection (c)26of Section 34-18.5 as required in subsection (f) of this27Section 34-2.1.A vote to remove a Council member by the 28 local school council shall only be valid if the Council 29 member has been notified personally or by certified mail, 30 mailed to the person's last known address, of the Council's 31 intent to vote on the Council member's removal at least 7 32 days prior to the vote. The Council member in question shall 33 have the right to explain his or her actions and shall be 34 eligible to vote on the question of his or her removal from SB652 Enrolled -25- LRB9105695NTsb 1 the Council. The provisions of this subsection shall be 2 contained within the petitions used to nominate Council 3 candidates. 4 (2) A person may continue to serve as a community 5 resident member of a local school council as long as he or 6 she resides in the attendance area served by the school and 7 is not employed by the Board nor is a parent of a student 8 enrolled at the school. If a community resident member 9 ceases to be eligible to serve on the Council, he or she 10 shall be removed by the Board subject to a hearing, convened 11 pursuant to Board rule, prior to removal. 12 (3) A person may continue to serve as a teacher member 13 of a local school council as long as he or she is employed 14 and assigned to perform a majority of his or her duties at 15 the school, provided that if the teacher representative 16 resigns from employment with the Board or voluntarily 17 transfers to another school, the teacher's membership on the 18 local school council and all voting rights are terminated 19 immediately as of the date of the teacher's resignation or 20 upon the date of the teacher's voluntary transfer to another 21 school. If a teacher member of a local school council ceases 22 to be eligible to serve on a local school council for any 23 other reason, that member shall be removed by the Board 24 subject to a hearing, convened pursuant to Board rule, prior 25 to removal. 26 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95; 27 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff. 28 8-14-97; 90-590, eff. 1-1-00.) 29 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2) 30 Sec. 34-2.2. Local school councils - Manner of 31 operation. 32 (a) The annual organizational meeting of each local 33 school council shall be held at the attendance center. At SB652 Enrolled -26- LRB9105695NTsb 1 the annual organization meeting, which shall be held no 2 sooner than July 1 and no later than July 14, a parent member 3 of the local school council shall be selected by the members 4 of such council as its chairperson, and a secretary shall be 5 selected by the members of such council from among their 6 number, each to serve a term of one year. Whenever a vacancy 7 in the office of chairperson or secretary of a local school 8 council shall occur, a new chairperson (who shall be a parent 9 member) or secretary, as the case may be, shall be elected by 10 the members of the local school council from among their 11 number to serve as such chairperson or secretary for the 12 unexpired term of office in which the vacancy occurs. At 13 each annual organizational meeting, the time and place of any 14 regular meetings of the local school council shall be fixed. 15 Special meetings of the local school council may be called by 16 the chairperson or by any 4 members by giving notice thereof 17 in writing, specifying the time, place and purpose of the 18 meeting. Public notice of meetings shall also be given in 19 accordance with the Open Meetings Act. 20 (b) Members and officers of the local school council 21 shall serve without compensation and without reimbursement of 22 any expenses incurred in the performance of their duties, 23 except that the board of education may by rule establish a 24 procedure and thereunder provide for reimbursement of members 25 and officers of local school councils for such of their 26 reasonable and necessary expenses (excluding any lodging or 27 meal expenses) incurred in the performance of their duties as 28 the board may deem appropriate. 29 (c) A majority of the full membership of the local 30 school council shall constitute a quorum, and whenever a vote 31 is taken on any measure before the local school council, a 32 quorum being present, the affirmative vote of a majority of 33 the votes of the full membership then serving of the local 34 school council shall determine the outcome thereof; provided SB652 Enrolled -27- LRB9105695NTsb 1 that whenever the measure before the local school council is 2 (i) the evaluation of the principal, or (ii) the renewal of 3 his or her performance contract or the inclusion of any 4 provision or modification of the contract, or (iii) the 5 direct selection by the local school council of a new 6 principal (including a new principal to fill a vacancy) to 7 serve under a 4 year performance contract, or (iv) the 8 determination of the names of candidates to be submitted to 9 the general superintendent for the position of principal,or10(v) the selection of a principal in cases of the general11superintendent's failure or refusal to make the selection12after a list or lists of candidates for the position of13principal have been submitted by the local school council to14the general superintendent as provided in Section 34-2.3,the 15 principal and student member of a high school council shall 16 not be counted for purposes of determining whether a quorum 17 is present to act on the measure and shall have no vote 18 thereon; and provided further that 7 affirmative votes of the 19 local school council shall be required for the direct 20 selection by the local school councilwithout the prior21submission of a list of candidates to the general22superintendent for the position of principal as provided in23Section 34-2.3of a new principal(including a new principal24to fill a vacancy)to serve under a 4 year performance 25 contract but not for the renewal of a principal's performance 26 contract. 27 (d) Student members of high school councils shall not be 28 eligible to vote on personnel matters, including but not 29 limited to principal evaluations and contracts and the 30 allocation of teaching and staff resources. 31 (e) The local school council of an attendance center 32 which provides bilingual education shall be encouraged to 33 provide translators at each council meeting to maximize 34 participation of parents and the community. SB652 Enrolled -28- LRB9105695NTsb 1 (f) Each local school council of an attendance center 2 which provides bilingual education shall create a Bilingual 3 Advisory Committee or recognize an existing Bilingual 4 Advisory Committee as a standing committee. The Chair and a 5 majority of the members of the advisory committee shall be 6 parents of students in the bilingual education program. The 7 parents on the advisory committee shall be selected by 8 parents of students in the bilingual education program, and 9 the committee shall select a Chair. The advisory committee 10 for each secondary attendance center shall include at least 11 one full-time bilingual education student. The Bilingual 12 Advisory Committee shall serve only in an advisory capacity 13 to the local school council. 14 (g) Local school councils may utilize the services of an 15 arbitration board to resolve intra-council disputes. 16 (Source: P.A. 88-85; 88-686, eff. 1-24-95; 89-15, eff. 17 5-30-95.) 18 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3) 19 Sec. 34-2.3. Local school councils - Powers and duties. 20 Each local school council shall have and exercise, consistent 21 with the provisions of this Article and the powers and duties 22 of the board of education, the following powers and duties: 23 1. (A) To annually evaluate the performance of the 24 principal of the attendance center using a Board approved 25 principal evaluation form, which shall include the evaluation 26 of (i) student academic improvement, as defined by the school 27 improvement plan, (ii) student absenteeism rates at the 28 school, (iii) instructional leadership, (iv) the effective 29 implementation of programs, policies, or strategies to 30 improve student academic achievement, (v) school management, 31 and (vi) any other factors deemed relevant by the local 32 school council, including, without limitation, the 33 principal's communication skills and ability to create and SB652 Enrolled -29- LRB9105695NTsb 1 maintain a student-centered learning environment, to develop 2 opportunities for professional development, and to encourage 3 parental involvement and community partnerships to achieve 4 school improvement;taking into consideration the annual5evaluation of the principal conducted by the general6superintendent pursuant to subsection (h) of Section 34-8.3,7 (B) to determine in the manner provided by 8 subsection (c) of Section 34-2.2 whether the performance 9 contract of the principal shall be renewed; and,10 (C)andto directly select, in the manner provided 11 by subsection (c) of Section 34-2.2, a new principal 12 (including a new principal to fill a vacancy) -- without 13 submitting any list of candidates for that position to 14 the general superintendent as provided in paragraph 2 of 15 this Section -- to serve under a 4 year performance 16 contract; provided that (i) the determination of whether 17 the principal's performance contract is to be renewed and 18 -- in cases where such performance contract is not 19 renewed -- a direct selection of a new principal -- to 20 serve under a 4 year performance contract shall be made 21 by the local school council no later than 45 days prior 22 to the expiration of the current performance contract of 23 the principalby April 15 of the calendar year in which24the current performance contract of the principal expires25, and (ii) adirectselection by the local school council 26 of a new principal to fill a vacancy under a 4 year 27 performance contract shall be made within 90 days after 28 the date such vacancy occurs. A Council shall be 29 required, if requested by the principal, to provide in 30 writing the reasons for the council's not renewing the 31 principal's contract. 32 1.5. The local school council's determination of whether 33 to renew the principal's contract shall be based on an 34 evaluation to assess the educational and administrative SB652 Enrolled -30- LRB9105695NTsb 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 9 factors deemed relevant by the local school council, 10 including, without limitation, the principal's communication 11 skills and ability to create and maintain a student-centered 12 learning environment, to develop opportunities for 13 professional development, and to encourage parental 14 involvement and community partnerships to achieve school 15 improvement. If a local school council fails to renew the 16 performance contract of a principal rated by the general 17 superintendent, or his or her designee, in the previous 18 years' evaluations as meeting or exceeding expectations, the 19 principal, within 15 days after the local school council's 20 decision not to renew the contract, may request a review of 21 the local school council's principal non-retention decision 22 by a hearing officer appointed by the American Arbitration 23 Association. A local school council member or members or the 24 general superintendent may support the principal's request 25 for review. During the period of the hearing officer's review 26 of the local school council's decision on whether or not to 27 retain the principal, the local school council shall maintain 28 all authority to search for and contract with a person to 29 serve as interim or acting principal, or as the principal of 30 the attendance center under a 4-year performance contract, 31 provided that any performance contract entered into by the 32 local school council shall be voidable or modified in 33 accordance with the decision of the hearing officer. The 34 principal may request review only once while at that SB652 Enrolled -31- LRB9105695NTsb 1 attendance center. If a local school council renews the 2 contract of a principal who failed to obtain a rating of 3 "meets" or "exceeds expectations" in the general 4 superintendent's evaluation for the previous year, a local 5 school council member or members or the general 6 superintendent, within 15 days after the local school 7 council's decision to renew the contract, may request a 8 review of the local school council's principal retention 9 decision by a hearing officer appointed by the American 10 Arbitration Association. The local school council member or 11 members or the general superintendent may request a review 12 only once for that principal at that attendance center. All 13 requests to review the retention or non-retention of a 14 principal shall be submitted to the general superintendent, 15 who shall, in turn, forward such requests, within 14 days of 16 receipt, to the American Arbitration Association. If the 17 local school council retains the principal and the general 18 superintendent requests a review of the retention decision, 19 the principal and the general superintendent shall be 20 considered adversarial parties and a hearing officer shall be 21 chosen between those 2 parties as described in Section 34-85 22 of this Code. If the local school council retains the 23 principal and a member or members of the local school council 24 requests a review of the principal's contract, the principal 25 and the local school council shall be considered adversarial 26 parties and a hearing officer shall be chosen between those 2 27 parties as described in Section 34-85 of this Code. If the 28 local school council does not retain the principal and the 29 principal requests a review of the retention decision, the 30 local school council and the principal shall be considered 31 adversarial parties and a hearing officer shall be chosen 32 between those 2 parties in the manner described in Section 33 34-85 of this Code. The hearing shall begin within 45 days 34 after the initial request for review. The hearing officer SB652 Enrolled -32- LRB9105695NTsb 1 shall render a decision within 45 days after the hearing 2 begins. The Board shall contract with the American 3 Arbitration Association for all of the hearing officer's 4 reasonable and necessary costs. In addition, the Board shall 5 pay any reasonable costs incurred by a local school council 6 for representation before a hearing officer. 7 1.10. The hearing officer shall conduct a hearing, which 8 shall include (i) a review of the principal's performance, 9 evaluations, and other evidence of the principal's service at 10 the school, (ii) reasons provided by the local school council 11 for its decision, and (iii) documentation evidencing views of 12 interested persons, including, without limitation, students, 13 parents, local school council members, school faculty and 14 staff, the principal, the general superintendent or his or 15 her designee, and members of the community. The hearing 16 officer shall set the local school council decision aside if 17 that decision, in light of the record developed at the 18 hearing, is arbitrary and capricious. The decision of the 19 hearing officer may not be appealed to the Board or the State 20 Board of Education. If the hearing officer decides that the 21 principal shall be retained, the retention period shall not 22 exceed 2 years. 23 2. In the event (i) the local school council does not 24 renew the performance contract of the principal, or the 25 principal fails to receive a satisfactory rating as provided 26 in subsection (h) of Section 34-8.3, or the principal is 27 removed for cause during the term of his or her performance 28 contract in the manner provided by Section 34-85, or a 29 vacancy in the position of principal otherwise occurs prior 30 to the expiration of the term of a principal's performance 31 contract, and (ii) the local school council fails to directly 32 select a new principal(including a new principal to fill a33vacancy)to serve under a 4 year performance contract, the 34 local school council in such event shall submit to the SB652 Enrolled -33- LRB9105695NTsb 1 general superintendent a list of 3 candidates -- listed in 2 the local school council's order of preference -- for the 3 position of principal, one of which shall be selected by the 4 general superintendent to serve as principal of the 5 attendance center. If the general superintendent fails or 6 refuses to select one of the candidates on the list to serve 7 as principal within 30 days after being furnished with the 8 candidate list, the general superintendent shall select and 9 place a principal on an interim basis (i) for a period not to 10 exceed one year or (ii) until the local school council 11 selects a new principal with 7 affirmative votes as provided 12 in subsection (c) of Section 34-2.2, whichever occurs first. 13 If the local school council fails or refuses to select and 14 appoint a new principal, as specified by subsection (c) of 15 Section 34-2.2, the general superintendent may select and 16 appoint a new principal on an interim basis for an additional 17 year or until a new contract principal is selected by the 18 local school councilthe local school council within 15 days19after such failure or refusal shall itself select one of the20candidates from the list as principal of the attendance21center. There shall be no discrimination on the basis of 22 race, sex, creed, color or disability unrelated to ability to 23 perform in connection with the submission of candidates for, 24 and the selection of a candidate to serve as principal of an 25 attendance center. No person shall be directly selected, 26 listed as a candidate for, or selected to serve as principal 27 of an attendance center (i) if such person has been removed 28 for cause from employment by the Board or (ii) if such person 29 does not hold a valid administrative certificate issued or 30 exchanged under Article 21 and endorsed as required by that 31 Article for the position of principal. A principal whose 32 performance contract is not renewed as provided under 33 subsection (c) of Section 34-2.2 may nevertheless, if 34 otherwise qualified and certified as herein provided and if SB652 Enrolled -34- LRB9105695NTsb 1 he or she has received a satisfactory rating as provided in 2 subsection (h) of Section 34-8.3, be included by a local 3 school council as one of the 3 candidates listed in order of 4 preference on any candidate list from which one person is to 5 be selected to serve as principal of the attendance center 6 under a new performance contract. The initial candidate list 7 required to be submitted by a local school council to the 8 general superintendent in cases where the local school 9 council does not renew the performance contract of its 10 principal and does not directly select a new principal to 11 serve under a 4 year performance contract shall be submitted 12 not later than 30 days prior to the expiration of the current 13 performance contract. In cases where the local school 14 council fails or refuses to submit the candidate list to the 15 general superintendent no later than 30 days prior to the 16 expiration of the incumbent principal's contract, the general 17 superintendent may appoint a principal on an interim basis 18 for a period not to exceed one year, during which time the 19 local school council shall be able to select a new principal 20 with 7 affirmative votes as provided in subsection (c) of 21 Section 34-2.2May 1 of the calendar year in which such22performance contract expires. In cases where a principal is 23 removed for cause or a vacancy otherwise occurs in the 24 position of principal and the vacancy is not filled by direct 25 selection by the local school council, the candidate list 26 shall be submitted by the local school council to the general 27 superintendent withinnot later than90 days after the date 28 such removal or vacancy occurs. In cases where the local 29 school council fails or refuses to submit the candidate list 30 to the general superintendent within 90 days after the date 31 of the vacancy, the general superintendent may appoint a 32 principal on an interim basis for a period of one year, 33 during which time the local school council shall be able to 34 select a new principal with 7 affirmative votes as provided SB652 Enrolled -35- LRB9105695NTsb 1 in subsection (c) of Section 34-2.2. 2 2.5. Whenever a vacancy in the office of a principal 3 occurs for any reason, the vacancy shall be filled in the 4 manner provided by this Section by the selection of a new 5 principal to serve under a 4 year performance contract. 6 3. To establish additional criteria to be included as 7 part of the performance contract of its principal, provided 8 that such additional criteria shall not discriminate on the 9 basis of race, sex, creed, color or disability unrelated to 10 ability to perform, and shall not be inconsistent with the 11 uniform 4 year performance contract for principals developed 12 by the board as provided in Section 34-8.1 of the School Code 13 or with other provisions of this Article governing the 14 authority and responsibility of principals. 15 4. To approve the expenditure plan prepared by the 16 principal with respect to all funds allocated and distributed 17 to the attendance center by the Board. The expenditure plan 18 shall be administered by the principal. Notwithstanding any 19 other provision of this Act or any other law, any expenditure 20 plan approved and administered under this Section 34-2.3 21 shall be consistent with and subject to the terms of any 22 contract for services with a third party entered into by the 23 Chicago School Reform Board of Trustees or the board under 24 this Act. 25 Via a supermajority vote of 7 members of the local school 26 council or 8 members of a high school local school council, 27 the Council may transfer allocations pursuant to Section 28 34-2.3 within funds; provided that such a transfer is 29 consistent with applicable law and collective bargaining 30 agreements. 31 Beginning in fiscal year 1991 and in each fiscal year 32 thereafter, the Board may reserve up to 1% of its total 33 fiscal year budget for distribution on a prioritized basis to 34 schools throughout the school system in order to assure SB652 Enrolled -36- LRB9105695NTsb 1 adequate programs to meet the needs of special student 2 populations as determined by the Board. This distribution 3 shall take into account the needs catalogued in the 4 Systemwide Plan and the various local school improvement 5 plans of the local school councils. Information about these 6 centrally funded programs shall be distributed to the local 7 school councils so that their subsequent planning and 8 programming will account for 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 12 amount to each local school based upon such formula as the 13 board shall determine taking into account the special needs 14 of the student body. The local school principal shall 15 develop an expenditure plan in consultation with the local 16 school council, the professional personnel advisory committee 17 and with all other school personnel, which reflects the 18 priorities and activities as described in the school's local 19 school improvement plan and is consistent with applicable law 20 and collective bargaining agreements and with board policies 21 and standards; however, the local school council shall have 22 the right to request waivers of board policy from the board 23 of education and waivers of employee collective bargaining 24 agreements pursuant to Section 34-8.1a. 25 The expenditure plan developed by the principal with 26 respect to amounts available from the fund for prioritized 27 special needs programs and the allocated lump sum amount must 28 be approved by the local school council. 29 The lump sum allocation shall take into account the 30 following principles: 31 a. Teachers: Each school shall be allocated funds 32 equal to the amount appropriated in the previous school 33 year for compensation for teachers (regular grades 34 kindergarten through 12th grade) plus whatever increases SB652 Enrolled -37- LRB9105695NTsb 1 in compensation have been negotiated contractually or 2 through longevity as provided in the negotiated 3 agreement. Adjustments shall be made due to layoff or 4 reduction in force, lack of funds or work, change in 5 subject requirements, enrollment changes, or contracts 6 with third parties for the performance of services or to 7 rectify any inconsistencies with system-wide allocation 8 formulas or for other legitimate reasons. 9 b. Other personnel: Funds for other teacher 10 certificated and uncertificated personnel paid through 11 non-categorical funds shall be provided according to 12 system-wide formulas based on student enrollment and the 13 special needs of the school as determined by the Board. 14 c. Non-compensation items: Appropriations for all 15 non-compensation items shall be based on system-wide 16 formulas based on student enrollment and on the special 17 needs of the school or factors related to the physical 18 plant, including but not limited to textbooks, supplies, 19 electricity, equipment, and routine maintenance. 20 d. Funds for categorical programs: Schools shall 21 receive personnel and funds based on, and shall use such 22 personnel and funds in accordance with State and Federal 23 requirements applicable to each categorical program 24 provided to meet the special needs of the student body 25 (including but not limited to, Federal Chapter I, 26 Bilingual, and Special Education). 27 d.1. Funds for State Title I: Each school shall 28 receive funds based on State and Board requirements 29 applicable to each State Title I pupil provided to meet 30 the special needs of the student body. Each school shall 31 receive the proportion of funds as provided in Section 32 18-8 to which they are entitled. These funds shall be 33 spent only with the budgetary approval of the Local 34 School Council as provided in Section 34-2.3. SB652 Enrolled -38- LRB9105695NTsb 1 e. The Local School Council shall have the right to 2 request the principal to close positions and open new 3 ones consistent with the provisions of the local school 4 improvement plan provided that these decisions are 5 consistent with applicable law and collective bargaining 6 agreements. If a position is closed, pursuant to this 7 paragraph, the local school shall have for its use the 8 system-wide average compensation for the closed position. 9 f. Operating within existing laws and collective 10 bargaining agreements, the local school council shall 11 have the right to direct the principal to shift 12 expenditures within funds. 13 g. (Blank). 14 Any funds unexpended at the end of the fiscal year shall 15 be available to the board of education for use as part of its 16 budget for the following fiscal year. 17 5. To make recommendations to the principal concerning 18 textbook selection and concerning curriculum developed 19 pursuant to the school improvement plan which is consistent 20 with systemwide curriculum objectives in accordance with 21 Sections 34-8 and 34-18 of the School Code and in conformity 22 with the collective bargaining agreement. 23 6. To advise the principal concerning the attendance and 24 disciplinary policies for the attendance center, subject to 25 the provisions of this Article and Article 26, and consistent 26 with the uniform system of discipline established by the 27 board pursuant to Section 34-19. 28 7. To approve a school improvement plan developed as 29 provided in Section 34-2.4. The process and schedule for plan 30 development shall be publicized to the entire school 31 community, and the community shall be afforded the 32 opportunity to make recommendations concerning the plan. At 33 least twice a year the principal and local school council 34 shall report publicly on progress and problems with respect SB652 Enrolled -39- LRB9105695NTsb 1 to plan 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 5 with and in furtherance of instructional objectives and 6 school programs reflective of the school improvement plan 7 adopted for the attendance center; and to make 8 recommendations to the board, the general superintendent and 9 the principal concerning any reallocation of teaching 10 resources or other staff whenever the council determines that 11 any such reallocation is appropriate because the 12 qualifications of any existing staff at the attendance center 13 do not adequately match or support instructional objectives 14 or school programs which reflect the 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 22 school 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 27 personnel or not-for-profit organizations not associated with 28 the school district to train or assist council members. If 29 training or assistance is provided by contract with personnel 30 or organizations not associated with the school district, the 31 period of training or assistance shall not exceed 30 hours 32 during a given school year; person shall not be employed on a 33 continuous basis longer than said period and shall not have 34 been employed by the Chicago Board of Education within the SB652 Enrolled -40- LRB9105695NTsb 1 preceding six months. Council members shall receive training 2 in at least the following areas: 3 1. school budgets; 4 2. educational theory pertinent to the attendance 5 center's particular needs, including the development of 6 the school improvement plan and the principal's 7 performance contract; and 8 3. personnel selection. 9 Council members shall, to the greatest extent possible, 10 complete such training within 90 days of election. 11 11. In accordance with systemwide guidelines contained 12 in the System-Wide Educational Reform Goals and Objectives 13 Plan, criteria for evaluation of performance shall be 14 established for local school councils and local school 15 council members. If a local school council persists in 16 noncompliance with systemwide requirements, the Board may 17 impose sanctions and take necessary corrective action, 18 consistent with Section 34-8.3. 19 12. Each local school council shall comply with the Open 20 Meetings Act and the Freedom of Information Act. Each local 21 school council shall issue and transmit to its school 22 community a detailed annual report accounting for its 23 activities programmatically and financially. Each local 24 school council shall convene at least 2 well-publicized 25 meetings annually with its entire school community. These 26 meetings shall include presentation of the proposed local 27 school improvement plan, of the proposed school expenditure 28 plan, and the annual report, and shall provide an opportunity 29 for public comment. 30 13. Each local school council is encouraged to involve 31 additional non-voting members of the school community in 32 facilitating the council's exercise of its responsibilities. 33 14. The local school council may adopt a school uniform 34 or dress code policy that governs the attendance center and SB652 Enrolled -41- LRB9105695NTsb 1 that is necessary to maintain the orderly process of a school 2 function or prevent endangerment of student health or safety, 3 consistent with the policies and rules of the Board of 4 Education. A school uniform or dress code policy adopted by a 5 local school council: (i) shall not be applied in such manner 6 as to discipline or deny attendance to a transfer student or 7 any other student for noncompliance with that policy during 8 such period of time as is reasonably necessary to enable the 9 student to acquire a school uniform or otherwise comply with 10 the dress code policy that is in effect at the attendance 11 center into which the student's enrollment is transferred; 12 and (ii) shall include criteria and procedures under which 13 the local school council will accommodate the needs of or 14 otherwise provide appropriate resources to assist a student 15 from an indigent family in complying with an applicable 16 school uniform or dress code policy. A student whose parents 17 or legal guardians object on religious grounds to the 18 student's compliance with an applicable school uniform or 19 dress code policy shall not be required to comply with that 20 policy if the student's parents or legal guardians present to 21 the local school council a signed statement of objection 22 detailing the grounds for the objection. 23 15. All decisions made and actions taken by the local 24 school council in the exercise of its powers and duties shall 25 comply with State and federal laws, all applicable collective 26 bargaining agreements, court orders and rules properly 27 promulgated by the Board. 28 15a. To grant, in accordance with board rules and 29 policies, the use of assembly halls and classrooms when not 30 otherwise needed, including lighting, heat, and attendants, 31 for public lectures, concerts, and other educational and 32 social activities. 33 15b. To approve, in accordance with board rules and 34 policies, receipts and expenditures for all internal accounts SB652 Enrolled -42- LRB9105695NTsb 1 of the attendance center, and to approve all fund-raising 2 activities by nonschool organizations that use the school 3 building. 4 16. (Blank). 5 17. Names and addresses of local school council members 6 shall be a matter of public record. 7 (Source: P.A. 89-15, eff. 5-30-95; 89-610, eff. 8-6-96; 8 89-636, eff. 8-9-96; 90-14, eff. 7-1-97.) 9 (105 ILCS 5/34-2.3b) 10 Sec. 34-2.3b. Local School Council Training. The board 11 shall collaborate with universities and other interested 12 entities and individuals to offer training to local school 13 council members on topics relevant to school operations and 14 their responsibilities as local school council members, 15 including but not limited to legal requirements, role 16 differentiation, responsibilities, and authorities, and 17 improving student achievement. Training of local school 18 council members shall be provided at the direction of the 19 board in consultation with the Council of Chicago-area Deans 20 of Education. Incoming local school council members shall be 21 required to complete a 3-day training program provided under 22 this Section within 6 months of taking office. The board 23 shall monitor the compliance of incoming local school council 24 members with the 3-day training program requirement 25 established by this Section. The board shall declare vacant 26 the office of a local school council member who fails to 27 complete the 3-day training program provided under this 28 Section within the 6 month period allowed. Any such vacancy 29 shall be filled as provided in subsection (o) of Section 30 34-2.1 by appointment of another person qualified to hold the 31 office. In addition to requiring local school council 32 members to complete the 3-day training program under this 33 Section, the board may encourage local school council members SB652 Enrolled -43- LRB9105695NTsb 1 to complete additional training during their term of office 2 and shall provide recognition for individuals completing that 3 additional training. The board is authorized to collaborate 4 with universities, non-profits, and other interested 5 organizations and individuals to offer additional training to 6 local school council members on a regular basis during their 7 term in office. The board shall not be required to bear the 8 cost of the required 3-day training program or any additional 9 training provided to local school council members under this 10 Section. 11 The board shall also offer training to aid local school 12 councils in developing principal evaluation procedures and 13 criteria. The board shall send out requests for proposals 14 concerning this training and is authorized to contract with 15 universities, non-profits, and other interested organizations 16 and individuals to provide this training. The board is 17 authorized to use funds from private organizations, 18 non-profits, or any other outside source as well as its own 19 funds for this purpose. 20 (Source: P.A. 89-15, eff. 5-30-95; 90-100, eff. 7-11-97.) 21 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b) 22 Sec. 34-2.4b. Limitation upon applicability. The 23 provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 24 34-2.4 and 34-8.3, and those provisions of paragraph 1 of 25 Section 34-18 and paragraph (c) of Section 34A-201a relating 26 to the allocation or application -- by formula or otherwise 27 -- of lump sum amounts and other funds to attendance centers, 28 shall not apply to attendance centers that have applied for 29 and been designated as a "Small School" by the Board, the 30 Cook County Juvenile Detention Center and Cook County Jail 31 schools, nor to the district's alternative schools for 32 pregnant girls, nor to alternative schools established under 33 Article 13A, nor toWashburne Trade School,theIndustrialSB652 Enrolled -44- LRB9105695NTsb 1Skills Center orMichael R. Durso School, the Jackson Adult 2 Center, the Hillard Adult Center,orthe Alternative 3 Transitional School, or any other attendance center 4 designated by the Board as an alternative school, provided 5 that the designation is not applied to a school building that 6 has in place a legally constituted local school council; and 7 the board of education shall have and exercise with respect 8 to those schools and with respect to the conduct, operation, 9 affairs and budgets of those schools, and with respect to the 10 principals, teachers and other school staff there employed, 11 the same powers which are exercisable by local school 12 councils with respect to the other attendance centers, 13 principals, teachers and school staff within the district, 14 together with all powers and duties generally exercisable by 15 the board of education with respect to all attendance centers 16 within the district. The board of education shall develop 17 appropriate alternative methods for involving parents, 18 community members and school staff to the maximum extent 19 possible in all of the activities of those schools, and may 20 delegate to the parents, community members and school staff 21 so involved the same powers which are exercisable by local 22 school councils with respect to other attendance centers. 23 (Source: P.A. 89-15, eff. 5-30-95; 89-636, eff. 8-9-96; 24 90-566, eff. 1-2-98.) 25 (105 ILCS 5/34-3.4) 26 (Section scheduled to be repealed on June 30, 2000) 27 Sec. 34-3.4. Chicago Schools Academic Accountability 28 Council. 29 (a) The Chicago Schools Academic Accountability Council, 30 hereinafter in this Section referred to as the "Council", 31 shall be created as provided in this Section to assist the 32 board and the State Board of Education in ensuring the 33 continuous improvement in all schools operated by the board. SB652 Enrolled -45- LRB9105695NTsb 1 (b) The purpose of the Council is to develop and 2 implement a comprehensive system of review, evaluation, and 3 analysis of school performance within the Chicago public 4 schools. 5 (c) The Trustees in consultation with the State Board of 6 Education shall establish the Chicago Schools Academic 7 Accountability Council to develop and implement an evaluation 8 system of the academic achievement of schools in districts 9 having a population that exceeds 500,000. The Trustees, in 10 consultation with the State Board of Education, shall 11 determine the size and makeup of the Council, the terms of 12 office of its members, and the process for appointment, 13 removal, and replacement of Council members. Evaluations will 14 be provided to the Trustees, the chief educational officer, 15 the respective principals, the respective local school 16 councils, and the State Superintendent of Education. 17 Evaluations may make recommendations to support future school 18 improvement, including recognition for exemplary achievement, 19 and initiation of remediation, probation, intervention, or 20 closure for an attendance center not meeting academic 21 standards. Consultation with the State Board of Education 22 shall be directed at ensuring consistency of evaluations and 23 preventing duplicative evaluation efforts. 24 (d) Nothing in this Section is designed to limit or 25 otherwise affect the general powers and responsibilities of 26 the chief educational officer to intervene or otherwise act 27 with respect to any attendance center not meeting standards 28 of academic performance and improvement specified by the 29 board, including intervention or action through remediation, 30 probation, intervention or closure. 31 (e) The Trustees and the chief educational officer may 32 request the Council to conduct or arrange for evaluations of 33 educational programs, policies, and procedures as may be 34 deemed necessary to ensure the academic progress of the SB652 Enrolled -46- LRB9105695NTsb 1 attendance centers in the system. 2 (f) The annual budget of the Council shall be determined 3 by the Trustees. Revenues needed to support the operations 4 of the Council may be derived from any available sources, 5 including, but not limited to, State aid received by the 6 board that was previously paid to the School Finance 7 Authority. Revenues may also be derived from grants and 8 other contributions from civic, business, and community-based 9 foundations and from other private sources. 10 (g) The Council shall be subject to the provisions of 11 the Open Meetings Act and the Freedom of Information Act. 12 (h) This Section is repealed on June 30, 20042000. 13 (Source: P.A. 89-15, eff. 5-30-95; 89-626, eff. 8-9-96.) 14 (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) 15 Sec. 34-8. Powers and duties of general superintendent. 16 The general superintendent of schools shall prescribe and 17 control, subject to the approval of the board and to other 18 provisions of this Article, the courses of study mandated by 19 State law, textbooks, educational apparatus and equipment, 20 discipline in and conduct of the schools, and shall perform 21 such other duties as the board may by rule prescribe. The 22 superintendent shall also notify the State Board of 23 Education, the board and the chief administrative official, 24 other than the alleged perpetrator himself, in the school 25 where the alleged perpetrator serves, that any person who is 26 employed in a school or otherwise comes into frequent contact 27 with children in the school has been named as a perpetrator 28 in an indicated report filed pursuant to the Abused and 29 Neglected Child Reporting Act, approved June 26, 1975, as 30 amended. 31 The general superintendent may be granted the authority 32 by the board to hire a specific number of employees to assist 33 in meeting immediate responsibilities. Conditions of SB652 Enrolled -47- LRB9105695NTsb 1 employment for such personnel shall not be subject to the 2 provisions of Section 34-85. 3 The general superintendent may, pursuant to a delegation 4 of authority by the board and Section 34-18, approve 5 contracts and expenditures. 6 Pursuant to other provisions of this Article, sites shall 7 be selected, schoolhouses located thereon and plans therefor 8 approved, and textbooks and educational apparatus and 9 equipment shall be adopted and purchased by the board only 10 upon the recommendation of the general superintendent of 11 schools or by a majority vote of the full membership of the 12 board and, in the case of textbooks, subject to Article 28 of 13 this Act. The board may furnish free textbooks to pupils and 14 may publish its own textbooks and manufacture its own 15 apparatus, equipment and supplies. 16 In addition, in January of each year, beginning in 1990, 17 the general superintendent of schools shall report to the 18 regional superintendent of schools of the educational service 19 region in which the school district organized under this 20 Article is located, the number of high school students in the 21 district who are enrolled in accredited courses (for which 22 high school credit will be awarded upon successful completion 23 of the courses) at any community college, together with the 24 name and number of the course or courses which each such 25 student is taking. 26 The general superintendent shall also have the authority 27 to monitor the performance of attendance centers, to identify 28 and place an attendance center on remediation and probation, 29 and to recommend to the board that the attendance center be 30 placed on intervention and be reconstituted, subject to the 31 provisions of Sections 34-8.3 and 8.4. 32 The general superintendent, or his or her designee, shall 33 conduct an annual evaluation of each principal in the 34 district pursuant to guidelines promulgated by the Board and SB652 Enrolled -48- LRB9105695NTsb 1 the Board approved principal evaluation form. The evaluation 2 shall be based on factors, including the following: (i) 3 student academic improvement, as defined by the school 4 improvement plan; (ii) student absenteeism rates at the 5 school; (iii) instructional leadership; (iv) effective 6 implementation of programs, policies, or strategies to 7 improve student academic achievement; (v) school management; 8 and (vi) other factors, including, without limitation, the 9 principal's communication skills and ability to create and 10 maintain a student-centered learning environment, to develop 11 opportunities for professional development, and to encourage 12 parental involvement and community partnerships to achieve 13 school improvement. 14 (Source: P.A. 88-511; 89-15, eff. 5-30-95.) 15 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1) 16 Sec. 34-8.1. Principals. Principals shall be employed to 17 supervise the operation of each attendance center. Their 18 powers and duties shall include but not be limited to the 19 authority (i) to direct, supervise, evaluate, and suspend 20 with or without pay or otherwise discipline all teachers, 21 assistant principals, and other employees assigned to the 22 attendance center in accordance with board rules and policies 23 and (ii) to direct all other persons assigned to the 24 attendance center pursuant to a contract with a third party 25 to provide services to the school system. The right to 26 employ, discharge, and layoff shall be vested solely with the 27 board. The principal shall fill positions by appointment as 28 provided in this Section and may make recommendations to the 29 board regarding the employment, discharge, or layoff of any 30 individual. The authority of the principal shall include the 31 authority to direct the hours during which the attendance 32 center shall be open and available for use provided the use 33 complies with board rules and policies, to determine when and SB652 Enrolled -49- LRB9105695NTsb 1 what operations shall be conducted within those hours, and to 2 schedule staff within those hours. Under the direction of, 3 and subject to the authority of the principal, the Engineer 4 In Charge shall be accountable for the safe, economical 5 operation of the plant and grounds and shall also be 6 responsible for orientation, training, and supervising the 7 work of Engineers, Trainees, school maintenance assistants, 8 custodial workers and other plant operation employees under 9 his or her direction. 10 There shall be established by the board a system of 11 semi-annual evaluations conducted by the principal as to 12 performance of the engineer in charge. Nothing in this 13 Section shall prevent the principal from conducting 14 additional evaluations. An overall numerical rating shall 15 be given by the principal based on the evaluation conducted 16 by the principal. An unsatisfactory numerical rating shall 17 result in disciplinary action, which may include, without 18 limitation and in the judgment of the principal, loss of 19 promotion or bidding procedure, reprimand, suspension with or 20 without pay, or recommended dismissal. The board shall 21 establish procedures for conducting the evaluation and 22 reporting the results to the engineer in charge. 23 Under the direction of, and subject to the authority of, 24 the principal, the Food Service Manager is responsible at all 25 times for the proper operation and maintenance of the lunch 26 room to which he is assigned and shall also be responsible 27 for the orientation, training, and supervising the work of 28 cooks, bakers, porters, and lunchroom attendants under his or 29 her direction. 30 There shall be established by the Board a system of 31 semi-annual evaluations conducted by the principal as to the 32 performance of the food service manager. Nothing in this 33 Section shall prevent the principal from conducting 34 additional evaluations. An overall numerical rating shall be SB652 Enrolled -50- LRB9105695NTsb 1 given by the principal based on the evaluation conducted by 2 the principal. An unsatisfactory numerical rating shall 3 result in disciplinary action which may include, without 4 limitation and in the judgment of the principal, loss of 5 promotion or bidding procedure, reprimand, suspension with or 6 without pay, or recommended dismissal. The board shall 7 establish rules for conducting the evaluation and reporting 8 the results to the food service manager. 9 Nothing in this Section shall be interpreted to require 10 the employment or assignment of an Engineer-In-Charge or a 11 Food Service Manager for each attendance center. 12 Principals shall be employed to supervise the educational 13 operation of each attendance center. If a principal is absent 14 due to extended illness or leave or absence, an assistant 15 principal may be assigned as acting principal for a period 16 not to exceed 100 school days. Each principal shall assume 17 administrative responsibility and instructional leadership, 18 in accordance with reasonable rules and regulations of the 19 board, for the planning, operation and evaluation of the 20 educational program of the attendance center to which he is 21 assigned. The principal shall submit recommendations to the 22 general superintendent concerning the appointment, dismissal, 23 retention, promotion, and assignment of all personnel 24 assigned to the attendance center; provided, that from and 25 after September 1, 1989: (i) if any vacancy occurs in a 26 position at the attendance center or if an additional or new 27 position is created at the attendance center, that position 28 shall be filled by appointment made by the principal in 29 accordance with procedures established and provided by the 30 Board whenever the majority of the duties included in that 31 position are to be performed at the attendance center which 32 is under the principal's supervision, and each such 33 appointment so made by the principal shall be made and based 34 upon merit and ability to perform in that position without SB652 Enrolled -51- LRB9105695NTsb 1 regard to seniority or length of service, provided, that such 2 appointments shall be subject to the Board's desegregation 3 obligations, including but not limited to the Consent Decree 4 and Desegregation Plan in U.S. v. Chicago Board of Education; 5 (ii) the principal shall submit recommendations based upon 6 merit and ability to perform in the particular position, 7 without regard to seniority or length of service, to the 8 general superintendent concerning the appointment of any 9 teacher, teacher aide, counselor, clerk, hall guard, security 10 guard and any other personnel which is to be made by the 11 general superintendent whenever less than a majority of the 12 duties of that teacher, teacher aide, counselor, clerk, hall 13 guard, and security guard and any other personnel are to be 14 performed at the attendance center which is under the 15 principal's supervision; and (iii) subject to law and the 16 applicable collective bargaining agreements, the authority 17 and responsibilities of a principal with respect to the 18 evaluation of all teachers and other personnel assigned to an 19 attendance center shall commence immediately upon his or her 20 appointment as principal of the attendance center, without 21 regard to the length of time that he or she has been the 22 principal of that attendance center. 23 Notwithstanding the existence of any other law of this 24 State, nothing in this Act shall prevent the board from 25 entering into a contract with a third party for services 26 currently performed by any employee or bargaining unit 27 member. 28 Notwithstanding any other provision of this Article, each 29 principal may approve contracts, binding on the board, in the 30 amount of no more than $10,000, if the contract is endorsed 31 by the Local School Council. 32 Unless otherwise prohibited by law or by rule of the 33 board, the principal shall provide to local school council 34 members copies of all internal audits and any other pertinent SB652 Enrolled -52- LRB9105695NTsb 1 information generated by any audits or reviews of the 2 programs and operation of the attendance center. 3 Each principal shall hold a valid administrative 4 certificate issued or exchanged in accordance with Article 21 5 and endorsed as required by that Article for the position of 6 principal. The board may establish or impose academic, 7 educational, examination, and experience requirements and 8 criteria that are in addition to those established and 9 required by Article 21 for issuance of a valid certificate 10 endorsed for the position of principal as a condition of the 11 nomination, selection, appointment, employment, or continued 12 employment of a person as principal of any attendance center, 13 or as a condition of the renewal of any principal's 14 performance contract. 15 The board shall specify in its formal job description for 16 principals, and from and after July 1, 1990 shall specify in 17 the 4 year performance contracts for use with respect to all 18 principals, that his or her primary responsibility is in the 19 improvement of instruction. A majority of the time spent by 20 a principal shall be spent on curriculum and staff 21 development through both formal and informal activities, 22 establishing clear lines of communication regarding school 23 goals, accomplishments, practices and policies with parents 24 and teachers. The principal, with the assistance of the 25 local school council, shall develop a school improvement plan 26 as provided in Section 34-2.4 and, upon approval of the plan 27 by the local school council, shall be responsible for 28 directing implementation of the plan. The principal, with the 29 assistance of the Professional Personnel Advisory Committee, 30 shall develop the specific methods and contents of the 31 school's curriculum within the board's system-wide curriculum 32 standards and objectives and the requirements of the school 33 improvement plan. The board shall ensure that all principals 34 are evaluated on their instructional leadership ability and SB652 Enrolled -53- LRB9105695NTsb 1 their ability to maintain a positive education and learning 2 climate. It shall also be the responsibility of the 3 principal to utilize resources of proper law enforcement 4 agencies when the safety and welfare of students and teachers 5 are threatened by illegal use of drugs and alcohol, by 6 illegal use or possession of weapons, or by illegal gang 7 activity. 8 On or before October 1, 1989, the Board of Education, in 9 consultation with any professional organization representing 10 principals in the district, shall promulgate rules and 11 implement a lottery for the purpose of determining whether a 12 principal's existing performance contract (including the 13 performance contract applicable to any principal's position 14 in which a vacancy then exists) expires on June 30, 1990 or 15 on June 30, 1991, and whether the ensuing 4 year performance 16 contract begins on July 1, 1990 or July 1, 1991. The Board of 17 Education shall establish and conduct the lottery in such 18 manner that of all the performance contracts of principals 19 (including the performance contracts applicable to all 20 principal positions in which a vacancy then exists), 50% of 21 such contracts shall expire on June 30, 1990, and 50% shall 22 expire on June 30, 1991. All persons serving as principal on 23 May 1, 1989, and all persons appointed as principal after May 24 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a 25 manner other than as provided by Section 34-2.3, shall be 26 deemed by operation of law to be serving under a performance 27 contract which expires on June 30, 1990 or June 30, 1991; and 28 unless such performance contract of any such principal is 29 renewed (or such person is again appointed to serve as 30 principal) in the manner provided by Section 34-2.2 or 31 34-2.3, the employment of such person as principal shall 32 terminate on June 30, 1990 or June 30, 1991. 33 Commencing on July 1, 1990, or on July 1, 1991, and 34 thereafter, the principal of each attendance center shall be SB652 Enrolled -54- LRB9105695NTsb 1 the person selected in the manner provided by Section 34-2.3 2 to serve as principal of that attendance center under a 4 3 year performance contract. All performance contracts of 4 principals expiring after July 1, 1990, or July 1, 1991, 5 shall commence on the date specified in the contract, and the 6 renewal of their performance contracts and the appointment of 7 principals when their performance contracts are not renewed 8 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a 9 vacancy in the office of a principal occurs for any reason, 10 the vacancy shall be filled by the selection of a new 11 principal to serve under a 4 year performance contract in the 12 manner provided by Section 34-2.3. 13 The board of education shall develop and prepare, in 14 consultation with the organization representing principals, a 15 4 year performance contract for use at all attendance 16 centers, and shall furnish the same to each local school 17 council. The contract's 4-year term may be modified by the 18 board pursuant to the principal retention review provisions 19 of Section 34-2.3. The performance contract of each 20 principal shall consist of the uniform performance contract, 21 as developed or from time to time modified by the board, and 22 such additional criteria as are established by a local school 23 council pursuant to Section 34-2.3 for the performance 24 contract of its principal. 25 During the term of his or her performance contract, a 26 principal may be removed only as provided for in the 27 performance contract except for cause. He or she shall also 28 be obliged to follow the rules of the board of education 29 concerning conduct and efficiency. 30 In the event the performance contract of a principal is 31 not renewed or a principal is not reappointed as principal 32 under a new performance contract, or in the event a principal 33 is appointed to any position of superintendent or higher 34 position, or voluntarily resigns his position of principal, SB652 Enrolled -55- LRB9105695NTsb 1 his or her employment as a principal shall terminate and such 2 former principal shall not be reinstated to the position from 3 which he or she was promoted to principal, except that he or 4 she, if otherwise qualified and certified in accordance with 5 Article 21, shall be placed by the board on appropriate 6 eligibility lists which it prepares for use in the filling of 7 vacant or additional or newly created positions for teachers. 8 The principal's total years of service to the board as both a 9 teacher and a principal, or in other professional capacities, 10 shall be used in calculating years of experience for purposes 11 of being selected as a teacher into new, additional or vacant 12 positions. 13 In the event the performance contract of a principal is 14 not renewed or a principal is not reappointed as principal 15 under a new performance contract, such principal shall be 16 eligible to continue to receive his or her previously 17 provided level of health insurance benefits for a period of 18 90 days following the non-renewal of the contract at no 19 expense to the principal, provided that such principal has 20 not retired. 21 (Source: P.A. 88-45; 88-85; 88-511; 88-670, eff. 12-2-94; 22 88-686, eff. 1-24-95; 89-15, eff. 5-30-95; 89-636, eff. 23 8-9-96.) 24 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3) 25 Sec. 34-8.3. Remediation and probation of attendance 26 centers. 27 (a) The general superintendent shall monitor the 28 performance of the attendance centers within the district and 29 shall identify attendance centers in whichthat have: 30 (1) there is a failurefailedto develop,or31 implement, or comply with a school improvement plan; 32 (2) there is a pervasive breakdown in the 33 educational program as indicated by factors, including, SB652 Enrolled -56- LRB9105695NTsb 1 but not limited to, the absence of improvement in student 2 reading and math achievement scores, an increased 3 drop-out rate, a decreased graduation rate, and a 4 decrease in rate of student attendancefailed to make5adequate progress toward complying with a school6improvement plan; 7 (3) (blank)failed or refused to comply with its8school improvement plan; or 9 (4) there is a failureotherwise failedor refusal 10refusedto comply with the provisions of this Act, other 11 applicable laws, collective bargaining agreements, court 12 orders, or with Board rules which the Board is authorized 13 to promulgate. 14 (b) If the general superintendent identifies a 15 nonperforming school as described herein, he or she shall 16 place the attendance center on remediation by developing a 17 remediation plan for the center. The purpose of the 18 remediation plan shall be to correct the deficiencies in the 19 performance of the attendance center by one or more of the 20 following methods: 21 (1) drafting a new school improvement plan; 22 (2) applying to the board for additional funding 23 for training for the local school council; 24 (3) directing implementation of a school 25 improvement plan; 26 (4) mediating disputes or other obstacles to reform 27 or improvement at the attendance center. 28 If, however, the general superintendent determines that 29 the problems are not able to be remediated by these methods, 30 the general superintendent shall place the attendance center 31 on probation. 32 (c) Each school placed on probation shall have a school 33 improvement plan and school budget for correcting 34 deficiencies identifiedspecifiedby the board. TheThisSB652 Enrolled -57- LRB9105695NTsb 1 plan shall include specific steps that the local school 2 council and school staff must take to correct identified 3 deficiencies and specific objective criteria by which the 4 school's subsequent progress will be determinedjudged. The 5 school budget shall include specific expenditures directly 6 calculated to correct educational and operational 7 deficiencies identified at the school by the probation team. 8The plan may also specify external technical assistance that9will be provided to the school, drawing on its school10discretionary fund and other school funds.11 (d) Schools placed on probation that, after a maximum of 12 one year, fail to make adequate progress in correcting 13 deficiencies are subject to the following action by the 14 general superintendent with the approval of the board, after 15 opportunity for a hearing: 16 (1) Ordering new local school council elections. 17 (2) Removing and replacing the principal. 18 (3) Replacement of faculty members, subject to the 19 provisions of Section 24A-5. 20 (4) Reconstitution of the attendance center and 21 replacement and reassignment by the general 22 superintendent of all employees of the attendance center. 23 (5) Intervention under Section 34-8.4. 24 (6) Closing of the school. 25 (e) Schools placed on probation shall remain on 26 probation from year to year until deficiencies are corrected, 27 even if such schools make acceptable annual progress. 28 (f) Where the board has reason to believe that 29 violations of civil rights, or of civil or criminal law have 30 occurred, or when the general superintendent deems that the 31 school is in educational crisis it may take immediate 32 corrective action, including the actions specified in this 33 Section, without first placing the school on remediation or 34 probation. Nothing described herein shall limit the SB652 Enrolled -58- LRB9105695NTsb 1 authority of the board as provided by any law of this State. 2 The board shall develop criteria governing the determination 3 regarding when a school is in educational crisis. 4 (g) All persons serving as subdistrict superintendent on 5 May 1, 1995 shall be deemed by operation of law to be serving 6 under a performance contract which expires on June 30, 1995, 7 and the employment of each such person as subdistrict 8 superintendent shall terminate on June 30, 1995. The board 9 shall have no obligation to compensate any such person as a 10 subdistrict superintendent after June 30, 1995. 11 (h) The general superintendent shall, in consultation 12 with local school councils, conduct an annual evaluation of 13 each principal in the district pursuant to guidelines 14 promulgated by the Board of Education. 15 (Source: P.A. 89-15, eff. 5-30-95.) 16 (105 ILCS 5/34-8.3a new) 17 Sec. 34-8.3a. Financial supervision of attendance 18 centers. 19 (a) A fiscal advisor that has been appointed pursuant to 20 subsection (a) of Section 34-2.1 of this Code shall, not 21 later than 90 days after his or her appointment, report to 22 the general superintendent, the board of education, the local 23 school council, and the principal of the school on the 24 progress made in addressing any of the financial 25 deficiencies. If the fiscal advisor determines that the 26 attendance center has rectified all identified deficiencies 27 or has made satisfactory progress in addressing identified 28 deficiencies such that the deficiencies shall be corrected 29 subsequent to the 90-day period, no further action shall be 30 taken by the Board. If, however, the local school council 31 and the principal have not rectified or made satisfactory 32 progress in correcting identified deficiencies, the general 33 superintendent may appoint a financial supervision team, SB652 Enrolled -59- LRB9105695NTsb 1 consisting of the fiscal advisor, the general superintendent 2 or his or her designee, and a representative of an outside, 3 independent auditor. Financial supervision teams may develop 4 and implement school budgets to correct the financial 5 irregularities identified in the fiscal advisor's report. 6 The budget shall identify specifically those expenditures 7 that directly correct the irregularities identified in the 8 fiscal advisor's report. Financial supervision teams shall 9 institute systems and procedures necessary to achieve 10 appropriate fiscal management at the school. 11 (b) Financial supervision teams may modify an existing 12 school improvement plan only to the extent necessary to 13 implement the school budget it develops. Modifications to a 14 school improvement plan shall include specific steps that the 15 local school council and school staff must take to correct 16 each specific financial irregularity identified by the fiscal 17 advisor's report. The modifications to a school improvement 18 plan shall further specify objective criteria by which the 19 deficiencies identified in the fiscal advisor's report are to 20 be corrected. The local school council and school staff 21 shall be consulted on the school budget and modifications to 22 the school improvement plan to be implemented by the 23 financial supervision team but will have no authority to 24 modify either. 25 (c) Upon implementation of the budget developed by the 26 financial supervision team, and accompanying modifications to 27 a school improvement plan, the financial supervision team's 28 authority to conduct fiscal or related educational management 29 of a school shall cease. 30 (105 ILCS 5/34-11) (from Ch. 122, par. 34-11) 31 Sec. 34-11. Duties of general counsel;attorney32 assistants. The board by a majority vote of its full 33 membership shall appoint a general counselan attorneywho SB652 Enrolled -60- LRB9105695NTsb 1 shall have charge and control, subject to the approval of the 2 board, of the law department and of all litigation, legal 3 questions and such other legal matters as may be referred to 4 the department by the board or by the general superintendent 5 of schools. Appointments, promotions and discharge of 6 assistant attorneys shall be made by a majority of the board 7 upon recommendation of the attorney or by a majority vote of 8 the full membership of the board. The general counsel 9attorneyshall hold this office for an indefinite term 10 subject to removal by a majority vote of the full membership 11 of the board. In this Article, "attorney" means general 12 counsel. 13 (Source: Laws 1961, p. 31.) 14 (105 ILCS 5/34-12) (from Ch. 122, par. 34-12) 15 Sec. 34-12. Participation in meetings by superintendent 16 and attorney. The general superintendent of schools and the 17 general counselattorneymay be present at all meetings of 18 the board and shall have a right to take part in its 19 discussions and deliberations, but shall have no vote. 20 (Source: Laws 1961, p. 31.) 21 (105 ILCS 5/34-13) (from Ch. 122, par. 34-13) 22 Sec. 34-13. Appointment, removal or suspension of 23 attorney and assistants. The appointment and removal of the 24 general superintendent of schools, heads of general 25 departments now in existence or hereafter established, the 26 general counselattorney, and all assistant attorneys shall 27 not be subject to the civil service law. The heads of general 28 departments now in existence or hereafter established may be 29 removed by a majority vote of the full membership of the 30 board upon the recommendation of the general superintendent 31 of schools or by a majority vote of the full membership of 32 the board. SB652 Enrolled -61- LRB9105695NTsb 1 (Source: P.A. 85-1418; 86-1477.) 2 Section 95. No acceleration or delay. Where this Act 3 makes changes in a statute that is represented in this Act by 4 text that is not yet or no longer in effect (for example, a 5 Section represented by multiple versions), the use of that 6 text does not accelerate or delay the taking effect of (i) 7 the changes made by this Act or (ii) provisions derived from 8 any other Public Act. 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.