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Public Act 102-0194


 

Public Act 0194 102ND GENERAL ASSEMBLY



 


 
Public Act 102-0194
 
HB1158 EnrolledLRB102 03174 CMG 13187 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 Sections
34-2.1 and 34-2.2 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 through the 2020-2021 school year, -- the 12
voting members described above and one full-time student
member, and 15 voting members beginning with the 2021-2022
school year, the 12 voting members described above and 3
full-time student members, 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.
    (c-5) Notwithstanding subsection (c), for the local school
council election set for the 2019-2020 school year, the Board
may hold the election on the first semester Parent Report Card
Pick-up Day of the 2020-2021 school year, making any necessary
modifications to the election process or date to comply with
guidance from the Department of Public Health and the federal
Centers for Disease Control and Prevention. The terms of
office of all local school council members eligible to serve
and seated on or after March 23, 2020 through January 10, 2021
are extended through January 10, 2021, provided that the
members continue to meet eligibility requirements for local
school council membership.
    (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), except that the
    terms of members elected to a local school council under
    subsection (c-5) shall commence on January 11, 2021 and
    end on July 1, 2022. 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. From March
    23, 2020 through January 10, 2021, the chief executive
    officer or his or her designee may make accommodations to
    fill the vacancy of a teacher or non-teacher employee
    member of a local school council.
        (vii) At secondary attendance centers, the voting
    student members 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.
    For the 2020-2021 school year, the chief executive officer
    or his or her designee may make accommodations to fill the
    vacancy of a student member of a 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 through the
2020-2021 school year, and in every year thereafter, the Board
shall appoint one student member to each secondary attendance
center. Beginning with the 2021-2022 school year and for every
school year thereafter, the Board shall appoint 3 student
members 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 students 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. 101-643, eff. 6-18-20.)
 
    (105 ILCS 5/34-2.2)  (from Ch. 122, par. 34-2.2)
    Sec. 34-2.2. Local school councils - Manner of operation.
    (a) The annual organizational meeting of each local school
council shall be held at the attendance center or via
videoconference or teleconference if guidance from the
Department of Public Health or Centers for Disease Control and
Prevention limits the size of in-person meetings at the time
of the meeting. At the annual organization meeting, which
shall be held no sooner than July 1 and no later than July 14,
a parent member of the local school council shall be selected
by the members of such council as its chairperson, and a
secretary shall be selected by the members of such council
from among their number, each to serve a term of one year.
However, an organizational meeting held by members elected to
a local school council under subsection (c-5) of Section
34-2.1 may be held no sooner than January 11, 2021 and no later
than January 31, 2021. Whenever a vacancy in the office of
chairperson or secretary of a local school council shall
occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members
of the local school council from among their number to serve as
such chairperson or secretary for the unexpired term of office
in which the vacancy occurs. At each annual organizational
meeting, the time and place of any regular meetings of the
local school council shall be fixed. Special meetings of the
local school council may be called by the chairperson or by any
4 members by giving notice thereof in writing, specifying the
time, place and purpose of the meeting. Public notice of
meetings shall also be given in accordance with the Open
Meetings Act.
    (b) Members and officers of the local school council shall
serve without compensation and without reimbursement of any
expenses incurred in the performance of their duties, except
that the board of education may by rule establish a procedure
and thereunder provide for reimbursement of members and
officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal
expenses) incurred in the performance of their duties as the
board may deem appropriate.
    (c) A majority of the full membership of the local school
council shall constitute a quorum, and whenever a vote is
taken on any measure before the local school council, a quorum
being present, the affirmative vote of a majority of the votes
of the full membership then serving of the local school
council shall determine the outcome thereof; provided that
whenever the measure before the local school council is (i)
the evaluation of the principal, or (ii) the renewal of his or
her performance contract or the inclusion of any provision or
modification of the contract, or (iii) the direct selection by
the local school council of a new principal (including a new
principal to fill a vacancy) to serve under a 4 year
performance contract, or (iv) the determination of the names
of candidates to be submitted to the general superintendent
for the position of principal, the principal and any student
members member of a high school council shall not be counted
for purposes of determining whether a quorum is present to act
on the measure and shall have no vote thereon; and provided
further that 7 affirmative votes of the local school council
shall be required for the direct selection by the local school
council of a new principal to serve under a 4 year performance
contract but not for the renewal of a principal's performance
contract.
    (d) Student members of high school councils shall not be
eligible to vote on personnel matters, including but not
limited to principal evaluations and contracts and the
allocation of teaching and staff resources.
    (e) The local school council of an attendance center which
provides bilingual education shall be encouraged to provide
translators at each council meeting to maximize participation
of parents and the community.
    (f) Each local school council of an attendance center
which provides bilingual education shall create a Bilingual
Advisory Committee or recognize an existing Bilingual Advisory
Committee as a standing committee. The Chair and a majority of
the members of the advisory committee shall be parents of
students in the bilingual education program. The parents on
the advisory committee shall be selected by parents of
students in the bilingual education program, and the committee
shall select a Chair. The advisory committee for each
secondary attendance center shall include at least one
full-time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the
local school council.
    (g) Local school councils may utilize the services of an
arbitration board to resolve intra-council disputes.
(Source: P.A. 101-643, eff. 6-18-20.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/30/2021