Bill Text: IL HB2276 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-14 - Referred to Rules Committee [HB2276 Detail]

Download: Illinois-2023-HB2276-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2276 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED:
105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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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) Beginning with the first local school council election
that occurs after December 3, 2021 (the effective date of
Public Act 102-677), a local school council shall be
established for each attendance center within the school
district, including public small schools within the 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

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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 each attendance center enrolling students in 7th
and 8th grade, one full-time student member shall be appointed
as provided in subsection (m) of this Section. 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

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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
Public Act 86-1477. 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

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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

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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 and attendance
centers enrolling students in 7th and 8th grade, the
voting student members 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

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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

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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.
Upon the election or appointment of a local school council
member, the school district shall perform a check of the Dru
Sjodin National Sex Offender Public Website, the Statewide Sex
Offender Database, and the Statewide Murderer and Violent
Offender Against Youth Database. An individual is ineligible
for election or appointment to a local school council if he or
she appears on the Dru Sjodin National Sex Offender Public
Website or the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database under
Section 34-18.5. If the general superintendent determines at
any time that a local school council member or member-elect
appears on the Dru Sjodin National Sex Offender Public Website
or the Statewide Sex Offender Database or Statewide Murderer

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and Violent Offender Against Youth Database, the general
superintendent must notify the local school council member or
member-elect of such determination and the local school
council member or member-elect must be removed from the local
school council by the board, subject to a hearing, convened
pursuant to board rule, prior to removal.
Notwithstanding any other provision of law to the
contrary, a local school council member must comply with all
applicable board rules and policies regarding employees or
volunteers.
(f-5) (Blank). 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

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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 Illinois 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

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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 lottery.
(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 first local school council election
that occurs after December 3, 2021 (the effective date of
Public Act 102-677), in every even numbered year, 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

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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. Prior to the appointment of
staff members to local school councils, the Board shall
make public the vetting process of staff member
candidates. Any staff member seeking candidacy shall be
allowed to make an inquiry to the Board to determine if the
Board may deny the appointment of the staff member. An
inquiry made to the Board shall be made in writing in
accordance with Board procedure.
(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

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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, 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 the local school
council of each secondary attendance center and one student
member to the local school council of each attendance center
enrolling students in 7th and 8th grade. Students enrolled in
grade 6 or above are eligible to be candidates for a local
school council. No attendance center enrolling students in 7th
and 8th grade may have more than one student member, unless the
attendance center enrolls students in grades 7 through 12, in
which case the attendance center may have a total of 3 student
members on the local school council. The Board may establish
criteria for students to be considered eligible to serve as a
student member. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those

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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 binding election to ascertain the preferences of
the school students regarding the appointment of students
to the local school council for that attendance center. At
such election, 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 elections are conducted in a fair and equitable
manner and maximize the involvement of all school
students. In the case of a tie vote, the local school
council shall determine the winner by lottery. The
preferences expressed in these elections shall be
transmitted by the principal to the Board. These
preferences shall be binding on the Board.
(iii) (Blank).
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.

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(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 or non-teacher staff 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. In the case of a student vacancy, the
vacancy shall be filled by the preferences of an election poll
of students.
(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 2-year terms, as provided in
subsection (c-5) of Section 34-2.2 of this Code.
(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

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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

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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 staff 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 staff representative resigns from
employment with the Board or voluntarily transfers to another
school, the staff member's membership on the local school
council and all voting rights are terminated immediately as of
the date of the staff member's resignation or upon the date of
the staff member's voluntary transfer to another school. If a
staff 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,

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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; 102-194, eff. 7-30-21;
102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff.
5-13-22.)