Public Act 099-0597
 
HB3239 EnrolledLRB099 11011 NHT 31376 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
34-2.1 as follows:
 
    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
    Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
    (a) A local school council shall be established for each
attendance center within the school district. Each local school
council shall consist of the following 12 voting members: the
principal of the attendance center, 2 teachers employed and
assigned to perform the majority of their employment duties at
the attendance center, 6 parents of students currently enrolled
at the attendance center, one employee of the school district
employed and assigned to perform the majority of his or her
employment duties at the attendance center who is not a
teacher, and 2 community residents. Neither the parents nor the
community residents who serve as members of the local school
council shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 13 voting members -- the 12 voting members described
above and one full-time student member, appointed as provided
in subsection (m) below. In the event that the chief executive
officer of the Chicago School Reform Board of Trustees
determines that a local school council is not carrying out its
financial duties effectively, the chief executive officer is
authorized to appoint a representative of the business
community with experience in finance and management to serve as
an advisor to the local school council for the purpose of
providing advice and assistance to the local school council on
fiscal matters. The advisor shall have access to relevant
financial records of the local school council. The advisor may
attend executive sessions. The chief executive officer shall
issue a written policy defining the circumstances under which a
local school council is not carrying out its financial duties
effectively.
    (b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council who
shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in this
amendatory Act of 1991. The Mayor's appointments shall not
require approval by the City Council.
    The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
    (c) Beginning with the 1995-1996 school year and in every
even-numbered year thereafter, the Board shall set second
semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round
schools for the same dates as the remainder of the school
system. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
    (d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
        (i) The elected members of each local school council
    shall consist of the 6 parent members and the 2 community
    resident members.
        (ii) Each elected member shall be elected by the
    eligible voters of that attendance center to serve for a
    two-year term commencing on July 1 immediately following
    the election described in subsection (c). Eligible voters
    for each attendance center shall consist of the parents and
    community residents for that attendance center.
        (iii) Each eligible voter shall be entitled to cast one
    vote for up to a total of 5 candidates, irrespective of
    whether such candidates are parent or community resident
    candidates.
        (iv) Each parent voter shall be entitled to vote in the
    local school council election at each attendance center in
    which he or she has a child currently enrolled. Each
    community resident voter shall be entitled to vote in the
    local school council election at each attendance center for
    which he or she resides in the applicable attendance area
    or voting district, as the case may be.
        (v) Each eligible voter shall be entitled to vote once,
    but not more than once, in the local school council
    election at each attendance center at which the voter is
    eligible to vote.
        (vi) The 2 teacher members and the non-teacher employee
    member of each local school council shall be appointed as
    provided in subsection (l) below each to serve for a
    two-year term coinciding with that of the elected parent
    and community resident members.
        (vii) At secondary attendance centers, the voting
    student member shall be appointed as provided in subsection
    (m) below to serve for a one-year term coinciding with the
    beginning of the terms of the elected parent and community
    members of the local school council.
    (e) The Council shall publicize the date and place of the
election by posting notices at the attendance center, in public
places within the attendance boundaries of the attendance
center and by distributing notices to the pupils at the
attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters.
    (f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date, persons
eligible to run for the Council shall submit their name, date
of birth, social security number, if available, and some
evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or
she ever has been convicted of any of the offenses specified in
subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be
deemed to require the disclosure of any information that is
contained in any law enforcement record or juvenile court
record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile Court Act of 1987. Failure to make such
disclosure shall render a person ineligible for election or to
serve on the local school council. The same disclosure shall be
required of persons under consideration for appointment to the
Council pursuant to subsections (l) and (m) of this Section.
    (f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall be
ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
Section 11-14.3, of the Criminal Code of 1961 or the Criminal
Code of 2012, or (ii) any offense committed or attempted in any
other state or against the laws of the United States, which, if
committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses.
Notwithstanding disclosure, a person who has been convicted of
any of the following offenses within the 10 years previous to
the date of nomination or appointment shall be ineligible for
election or appointment to a local school council: (i) those
defined in Section 401.1, 405.1, or 405.2 of the Illinois
Controlled Substances Act or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
    Immediately upon election or appointment, incoming local
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Department of State
Police in the same manner as provided for in Section 34-18.5.
However, notwithstanding Section 34-18.5, the social security
number shall be provided only if available. If it is determined
at any time that a local school council member or member-elect
has been convicted of any of the offenses enumerated in this
Section or failed to disclose a conviction of any of the
offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or
member-elect of such determination and the local school council
member or member-elect shall be removed from the local school
council by the Board, subject to a hearing, convened pursuant
to Board rule, prior to removal.
    (g) At least one week before the election date, the Council
shall publicize, in the manner provided in subsection (e), the
names of persons nominated for election.
    (h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
    (i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the
Council shall determine the winner by lot.
    (j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
    (k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure that,
except as provided in subsections (e) and (g), no resources of
any attendance center shall be used to endorse or promote any
candidate.
    (l) Beginning with the 1995-1996 school year and in every
even numbered year thereafter, the Board shall appoint 2
teacher members to each local school council. These
appointments shall be made in the following manner:
        (i) The Board shall appoint 2 teachers who are employed
    and assigned to perform the majority of their employment
    duties at the attendance center to serve on the local
    school council of the attendance center for a two-year term
    coinciding with the terms of the elected parent and
    community members of that local school council. These
    appointments shall be made from among those teachers who
    are nominated in accordance with subsection (f).
        (ii) A non-binding, advisory poll to ascertain the
    preferences of the school staff regarding appointments of
    teachers to the local school council for that attendance
    center shall be conducted in accordance with the procedures
    used to elect parent and community Council
    representatives. At such poll, each member of the school
    staff shall be entitled to indicate his or her preference
    for up to 2 candidates from among those who submitted
    statements of candidacy as described above. These
    preferences shall be advisory only and the Board shall
    maintain absolute discretion to appoint teacher members to
    local school councils, irrespective of the preferences
    expressed in any such poll.
        (iii) In the event that a teacher representative is
    unable to perform his or her employment duties at the
    school due to illness, disability, leave of absence,
    disciplinary action, or any other reason, the Board shall
    declare a temporary vacancy and appoint a replacement
    teacher representative to serve on the local school council
    until such time as the teacher member originally appointed
    pursuant to this subsection (l) resumes service at the
    attendance center or for the remainder of the term. The
    replacement teacher representative shall be appointed in
    the same manner and by the same procedures as teacher
    representatives are appointed in subdivisions (i) and (ii)
    of this subsection (l).
    (m) Beginning with the 1995-1996 school year, and in every
year thereafter, the Board shall appoint one student member to
each secondary attendance center. These appointments shall be
made in the following manner:
        (i) Appointments shall be made from among those
    students who submit statements of candidacy to the
    principal of the attendance center, such statements to be
    submitted commencing on the first day of the twentieth week
    of school and continuing for 2 weeks thereafter. The form
    and manner of such candidacy statements shall be determined
    by the Board.
        (ii) During the twenty-second week of school in every
    year, the principal of each attendance center shall conduct
    a non-binding, advisory poll to ascertain the preferences
    of the school students regarding the appointment of a
    student to the local school council for that attendance
    center. At such poll, each student shall be entitled to
    indicate his or her preference for up to one candidate from
    among those who submitted statements of candidacy as
    described above. The Board shall promulgate rules to ensure
    that these non-binding, advisory polls are conducted in a
    fair and equitable manner and maximize the involvement of
    all school students. The preferences expressed in these
    non-binding, advisory polls shall be transmitted by the
    principal to the Board. However, these preferences shall be
    advisory only and the Board shall maintain absolute
    discretion to appoint student members to local school
    councils, irrespective of the preferences expressed in any
    such poll.
        (iii) For the 1995-96 school year only, appointments
    shall be made from among those students who submitted
    statements of candidacy to the principal of the attendance
    center during the first 2 weeks of the school year. The
    principal shall communicate the results of any nonbinding,
    advisory poll to the Board. These results shall be advisory
    only, and the Board shall maintain absolute discretion to
    appoint student members to local school councils,
    irrespective of the preferences expressed in any such poll.
    (n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
    (o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the vacancy,
except that any teacher vacancy shall be filled by the Board
after considering the preferences of the school staff as
ascertained through a non-binding advisory poll of school
staff.
    (p) If less than the specified number of persons is elected
within each candidate category, the newly elected local school
council shall appoint eligible persons to serve as members of
the Council for two-year terms.
    (q) The Board shall promulgate rules regarding conflicts of
interest and disclosure of economic interests which shall apply
to local school council members and which shall require reports
or statements to be filed by Council members at regular
intervals with the Secretary of the Board. Failure to comply
with such rules or intentionally falsifying such reports shall
be grounds for disqualification from local school council
membership. A vacancy on the Council for disqualification may
be so declared by the Secretary of the Board. Rules regarding
conflicts of interest and disclosure of economic interests
promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the
general superintendent shall provide notice, by mail, to each
local school council member of all requirements and forms for
compliance with economic interest statements.
    (r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed by
the Local School Council due to the graduation or voluntary
transfer of a child or children from the attendance center, the
parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's
graduation or voluntary transfer. If the child of a parent
member of a local school council dies during the member's term
in office, the member may continue to serve on the local school
council for the balance of his or her term. Further, a local
school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of
Section 34-2.2 if the Council member has missed 3 consecutive
regular meetings, not including committee meetings, or 5
regular meetings in a 12 month period, not including committee
meetings. If a parent member of a local school council ceases
to be eligible to serve on the Council for any other reason, he
or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal. A vote to
remove a Council member by the local school council shall only
be valid if the Council member has been notified personally or
by certified mail, mailed to the person's last known address,
of the Council's intent to vote on the Council member's removal
at least 7 days prior to the vote. The Council member in
question shall have the right to explain his or her actions and
shall be eligible to vote on the question of his or her removal
from the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
    (2) A person may continue to serve as a community resident
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed
by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible to
serve on the Council, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior to
removal.
    (3) A person may continue to serve as a teacher member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the teacher representative resigns
from employment with the Board or voluntarily transfers to
another school, the teacher's membership on the local school
council and all voting rights are terminated immediately as of
the date of the teacher's resignation or upon the date of the
teacher's voluntary transfer to another school. If a teacher
member of a local school council ceases to be eligible to serve
on a local school council for any other reason, that member
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
    (s) As used in this Section only, "community resident"
means a person, 17 years of age or older, residing within an
attendance area served by a school, excluding any person who is
a parent of a student enrolled in that school; provided that
with respect to any multi-area school, community resident means
any person, 17 years of age or older, residing within the
voting district established for that school pursuant to Section
34-2.1c, excluding any person who is a parent of a student
enrolled in that school. This definition does not apply to any
provisions concerning school boards.
(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)