Bill Text: IL HB3436 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Chicago School District Article of the School Code. With respect to a parent's or community resident's eligibility to serve on the local school council of an attendance center, allows a parent or community resident who is employed by the Chicago Board of Education and who is assigned to work at one or more attendance centers to serve as a member of the local school council as long as he or she is not assigned to spend the majority of his or her employment at the attendance center for which he or she is to serve as a local school council member (instead of prohibiting any employee of the Board from serving as a parent or community resident member). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3436 Detail]

Download: Illinois-2017-HB3436-Engrossed.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
534-2.1 as follows:
6 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
7 Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9 (a) A local school council shall be established for each
10attendance center within the school district. Each local school
11council shall consist of the following 12 voting members: the
12principal of the attendance center, 2 teachers employed and
13assigned to perform the majority of their employment duties at
14the attendance center, 6 parents of students currently enrolled
15at the attendance center, one employee of the school district
16employed and assigned to perform the majority of his or her
17employment duties at the attendance center who is not a
18teacher, and 2 community residents. Neither the parents nor the
19community residents who serve as members of the local school
20council shall be employees of the Board of Education; however,
21a parent or community resident who is employed by the Board and
22who is assigned to work at one or more attendance centers may
23serve as a member of the local school council as long as he or

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1she is not assigned to spend the majority of his or her
2employment at the attendance center for which he or she is to
3serve as a local school council member. In each secondary
4attendance center, the local school council shall consist of 13
5voting members -- the 12 voting members described above and one
6full-time student member, appointed as provided in subsection
7(m) below. In the event that the chief executive officer of the
8Chicago School Reform Board of Trustees determines that a local
9school council is not carrying out its financial duties
10effectively, the chief executive officer is authorized to
11appoint a representative of the business community with
12experience in finance and management to serve as an advisor to
13the local school council for the purpose of providing advice
14and assistance to the local school council on fiscal matters.
15The advisor shall have access to relevant financial records of
16the local school council. The advisor may attend executive
17sessions. The chief executive officer shall issue a written
18policy defining the circumstances under which a local school
19council is not carrying out its financial duties effectively.
20 (b) Within 7 days of January 11, 1991, the Mayor shall
21appoint the members and officers (a Chairperson who shall be a
22parent member and a Secretary) of each local school council who
23shall hold their offices until their successors shall be
24elected and qualified. Members so appointed shall have all the
25powers and duties of local school councils as set forth in this
26amendatory Act of 1991. The Mayor's appointments shall not

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1require approval by the City Council.
2 The membership of each local school council shall be
3encouraged to be reflective of the racial and ethnic
4composition of the student population of the attendance center
5served by the local school council.
6 (c) Beginning with the 1995-1996 school year and in every
7even-numbered year thereafter, the Board shall set second
8semester Parent Report Card Pick-up Day for Local School
9Council elections and may schedule elections at year-round
10schools for the same dates as the remainder of the school
11system. Elections shall be conducted as provided herein by the
12Board of Education in consultation with the local school
13council at each attendance center.
14 (d) Beginning with the 1995-96 school year, the following
15procedures shall apply to the election of local school council
16members at each attendance center:
17 (i) The elected members of each local school council
18 shall consist of the 6 parent members and the 2 community
19 resident members.
20 (ii) Each elected member shall be elected by the
21 eligible voters of that attendance center to serve for a
22 two-year term commencing on July 1 immediately following
23 the election described in subsection (c). Eligible voters
24 for each attendance center shall consist of the parents and
25 community residents for that attendance center.
26 (iii) Each eligible voter shall be entitled to cast one

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1 vote for up to a total of 5 candidates, irrespective of
2 whether such candidates are parent or community resident
3 candidates.
4 (iv) Each parent voter shall be entitled to vote in the
5 local school council election at each attendance center in
6 which he or she has a child currently enrolled. Each
7 community resident voter shall be entitled to vote in the
8 local school council election at each attendance center for
9 which he or she resides in the applicable attendance area
10 or voting district, as the case may be.
11 (v) Each eligible voter shall be entitled to vote once,
12 but not more than once, in the local school council
13 election at each attendance center at which the voter is
14 eligible to vote.
15 (vi) The 2 teacher members and the non-teacher employee
16 member of each local school council shall be appointed as
17 provided in subsection (l) below each to serve for a
18 two-year term coinciding with that of the elected parent
19 and community resident members.
20 (vii) At secondary attendance centers, the voting
21 student member shall be appointed as provided in subsection
22 (m) below to serve for a one-year term coinciding with the
23 beginning of the terms of the elected parent and community
24 members of the local school council.
25 (e) The Council shall publicize the date and place of the
26election by posting notices at the attendance center, in public

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1places within the attendance boundaries of the attendance
2center and by distributing notices to the pupils at the
3attendance center, and shall utilize such other means as it
4deems necessary to maximize the involvement of all eligible
5voters.
6 (f) Nomination. The Council shall publicize the opening of
7nominations by posting notices at the attendance center, in
8public places within the attendance boundaries of the
9attendance center and by distributing notices to the pupils at
10the attendance center, and shall utilize such other means as it
11deems necessary to maximize the involvement of all eligible
12voters. Not less than 2 weeks before the election date, persons
13eligible to run for the Council shall submit their name, date
14of birth, social security number, if available, and some
15evidence of eligibility to the Council. The Council shall
16encourage nomination of candidates reflecting the
17racial/ethnic population of the students at the attendance
18center. Each person nominated who runs as a candidate shall
19disclose, in a manner determined by the Board, any economic
20interest held by such person, by such person's spouse or
21children, or by each business entity in which such person has
22an ownership interest, in any contract with the Board, any
23local school council or any public school in the school
24district. Each person nominated who runs as a candidate shall
25also disclose, in a manner determined by the Board, if he or
26she ever has been convicted of any of the offenses specified in

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1subsection (c) of Section 34-18.5; provided that neither this
2provision nor any other provision of this Section shall be
3deemed to require the disclosure of any information that is
4contained in any law enforcement record or juvenile court
5record that is confidential or whose accessibility or
6disclosure is restricted or prohibited under Section 5-901 or
75-905 of the Juvenile Court Act of 1987. Failure to make such
8disclosure shall render a person ineligible for election or to
9serve on the local school council. The same disclosure shall be
10required of persons under consideration for appointment to the
11Council pursuant to subsections (l) and (m) of this Section.
12 (f-5) Notwithstanding disclosure, a person who has been
13convicted of any of the following offenses at any time shall be
14ineligible for election or appointment to a local school
15council and ineligible for appointment to a local school
16council pursuant to subsections (l) and (m) of this Section:
17(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1811-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1911-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
2012-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
21Section 11-14.3, of the Criminal Code of 1961 or the Criminal
22Code of 2012, or (ii) any offense committed or attempted in any
23other state or against the laws of the United States, which, if
24committed or attempted in this State, would have been
25punishable as one or more of the foregoing offenses.
26Notwithstanding disclosure, a person who has been convicted of

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1any of the following offenses within the 10 years previous to
2the date of nomination or appointment shall be ineligible for
3election or appointment to a local school council: (i) those
4defined in Section 401.1, 405.1, or 405.2 of the Illinois
5Controlled Substances Act or (ii) any offense committed or
6attempted in any other state or against the laws of the United
7States, which, if committed or attempted in this State, would
8have been punishable as one or more of the foregoing offenses.
9 Immediately upon election or appointment, incoming local
10school council members shall be required to undergo a criminal
11background investigation, to be completed prior to the member
12taking office, in order to identify any criminal convictions
13under the offenses enumerated in Section 34-18.5. The
14investigation shall be conducted by the Department of State
15Police in the same manner as provided for in Section 34-18.5.
16However, notwithstanding Section 34-18.5, the social security
17number shall be provided only if available. If it is determined
18at any time that a local school council member or member-elect
19has been convicted of any of the offenses enumerated in this
20Section or failed to disclose a conviction of any of the
21offenses enumerated in Section 34-18.5, the general
22superintendent shall notify the local school council member or
23member-elect of such determination and the local school council
24member or member-elect shall be removed from the local school
25council by the Board, subject to a hearing, convened pursuant
26to Board rule, prior to removal.

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1 (g) At least one week before the election date, the Council
2shall publicize, in the manner provided in subsection (e), the
3names of persons nominated for election.
4 (h) Voting shall be in person by secret ballot at the
5attendance center between the hours of 6:00 a.m. and 7:00 p.m.
6 (i) Candidates receiving the highest number of votes shall
7be declared elected by the Council. In cases of a tie, the
8Council shall determine the winner by lot.
9 (j) The Council shall certify the results of the election
10and shall publish the results in the minutes of the Council.
11 (k) The general superintendent shall resolve any disputes
12concerning election procedure or results and shall ensure that,
13except as provided in subsections (e) and (g), no resources of
14any attendance center shall be used to endorse or promote any
15candidate.
16 (l) Beginning with the 1995-1996 school year and in every
17even numbered year thereafter, the Board shall appoint 2
18teacher members to each local school council. These
19appointments shall be made in the following manner:
20 (i) The Board shall appoint 2 teachers who are employed
21 and assigned to perform the majority of their employment
22 duties at the attendance center to serve on the local
23 school council of the attendance center for a two-year term
24 coinciding with the terms of the elected parent and
25 community members of that local school council. These
26 appointments shall be made from among those teachers who

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1 are nominated in accordance with subsection (f).
2 (ii) A non-binding, advisory poll to ascertain the
3 preferences of the school staff regarding appointments of
4 teachers to the local school council for that attendance
5 center shall be conducted in accordance with the procedures
6 used to elect parent and community Council
7 representatives. At such poll, each member of the school
8 staff shall be entitled to indicate his or her preference
9 for up to 2 candidates from among those who submitted
10 statements of candidacy as described above. These
11 preferences shall be advisory only and the Board shall
12 maintain absolute discretion to appoint teacher members to
13 local school councils, irrespective of the preferences
14 expressed in any such poll.
15 (iii) In the event that a teacher representative is
16 unable to perform his or her employment duties at the
17 school due to illness, disability, leave of absence,
18 disciplinary action, or any other reason, the Board shall
19 declare a temporary vacancy and appoint a replacement
20 teacher representative to serve on the local school council
21 until such time as the teacher member originally appointed
22 pursuant to this subsection (l) resumes service at the
23 attendance center or for the remainder of the term. The
24 replacement teacher representative shall be appointed in
25 the same manner and by the same procedures as teacher
26 representatives are appointed in subdivisions (i) and (ii)

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1 of this subsection (l).
2 (m) Beginning with the 1995-1996 school year, and in every
3year thereafter, the Board shall appoint one student member to
4each secondary attendance center. These appointments shall be
5made 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 week
10 of school and continuing for 2 weeks thereafter. The form
11 and manner of such candidacy statements shall be determined
12 by the Board.
13 (ii) During the twenty-second week of school in every
14 year, the principal of each attendance center shall conduct
15 a non-binding, advisory poll to ascertain the preferences
16 of the school students regarding the appointment of a
17 student to the local school council for that attendance
18 center. At such poll, each student shall be entitled to
19 indicate his or her preference for up to one candidate from
20 among those who submitted statements of candidacy as
21 described above. The Board shall promulgate rules to ensure
22 that these non-binding, advisory polls are conducted in a
23 fair and equitable manner and maximize the involvement of
24 all school students. The preferences expressed in these
25 non-binding, advisory polls shall be transmitted by the
26 principal to the Board. However, these preferences shall be

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1 advisory only and the Board shall maintain absolute
2 discretion to appoint student members to local school
3 councils, irrespective of the preferences expressed in any
4 such poll.
5 (iii) For the 1995-96 school year only, appointments
6 shall be made from among those students who submitted
7 statements of candidacy to the principal of the attendance
8 center during the first 2 weeks of the school year. The
9 principal shall communicate the results of any nonbinding,
10 advisory poll to the Board. These results shall be advisory
11 only, and the Board shall maintain absolute discretion to
12 appoint student members to local school councils,
13 irrespective of the preferences expressed in any such poll.
14 (n) The Board may promulgate such other rules and
15regulations for election procedures as may be deemed necessary
16to ensure fair elections.
17 (o) In the event that a vacancy occurs during a member's
18term, the Council shall appoint a person eligible to serve on
19the Council, to fill the unexpired term created by the vacancy,
20except that any teacher vacancy shall be filled by the Board
21after considering the preferences of the school staff as
22ascertained through a non-binding advisory poll of school
23staff.
24 (p) If less than the specified number of persons is elected
25within each candidate category, the newly elected local school
26council shall appoint eligible persons to serve as members of

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1the Council for two-year terms.
2 (q) The Board shall promulgate rules regarding conflicts of
3interest and disclosure of economic interests which shall apply
4to local school council members and which shall require reports
5or statements to be filed by Council members at regular
6intervals with the Secretary of the Board. Failure to comply
7with such rules or intentionally falsifying such reports shall
8be grounds for disqualification from local school council
9membership. A vacancy on the Council for disqualification may
10be so declared by the Secretary of the Board. Rules regarding
11conflicts of interest and disclosure of economic interests
12promulgated by the Board shall apply to local school council
13members. No less than 45 days prior to the deadline, the
14general superintendent shall provide notice, by mail, to each
15local school council member of all requirements and forms for
16compliance with economic interest statements.
17 (r) (1) If a parent member of a local school council ceases
18to have any child enrolled in the attendance center governed by
19the Local School Council due to the graduation or voluntary
20transfer of a child or children from the attendance center, the
21parent's membership on the Local School Council and all voting
22rights are terminated immediately as of the date of the child's
23graduation or voluntary transfer. If the child of a parent
24member of a local school council dies during the member's term
25in office, the member may continue to serve on the local school
26council for the balance of his or her term. Further, a local

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1school council member may be removed from the Council by a
2majority vote of the Council as provided in subsection (c) of
3Section 34-2.2 if the Council member has missed 3 consecutive
4regular meetings, not including committee meetings, or 5
5regular meetings in a 12 month period, not including committee
6meetings. If a parent member of a local school council ceases
7to be eligible to serve on the Council for any other reason, he
8or she shall be removed by the Board subject to a hearing,
9convened pursuant to Board rule, prior to removal. A vote to
10remove a Council member by the local school council shall only
11be valid if the Council member has been notified personally or
12by certified mail, mailed to the person's last known address,
13of the Council's intent to vote on the Council member's removal
14at least 7 days prior to the vote. The Council member in
15question shall have the right to explain his or her actions and
16shall be eligible to vote on the question of his or her removal
17from the Council. The provisions of this subsection shall be
18contained within the petitions used to nominate Council
19candidates.
20 (2) A person may continue to serve as a community resident
21member of a local school council as long as he or she resides
22in the attendance area served by the school and is not employed
23by the Board, except as otherwise permitted under subsection
24(a) of this Section, nor is a parent of a student enrolled at
25the school. If a community resident member ceases to be
26eligible to serve on the Council, he or she shall be removed by

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1the Board subject to a hearing, convened pursuant to Board
2rule, prior to removal.
3 (3) A person may continue to serve as a teacher member of a
4local school council as long as he or she is employed and
5assigned to perform a majority of his or her duties at the
6school, provided that if the teacher representative resigns
7from employment with the Board or voluntarily transfers to
8another school, the teacher's membership on the local school
9council and all voting rights are terminated immediately as of
10the date of the teacher's resignation or upon the date of the
11teacher's voluntary transfer to another school. If a teacher
12member of a local school council ceases to be eligible to serve
13on a local school council for any other reason, that member
14shall be removed by the Board subject to a hearing, convened
15pursuant to Board rule, prior to removal.
16 (s) As used in this Section only, "community resident"
17means a person, 17 years of age or older, residing within an
18attendance area served by a school, excluding any person who is
19a parent of a student enrolled in that school; provided that
20with respect to any multi-area school, community resident means
21any person, 17 years of age or older, residing within the
22voting district established for that school pursuant to Section
2334-2.1c, excluding any person who is a parent of a student
24enrolled in that school. This definition does not apply to any
25provisions concerning school boards.
26(Source: P.A. 99-597, eff. 1-1-17.)

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1 Section 99. Effective date. This Act takes effect upon
2becoming law.
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