Bill Text: IL HB5328 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the School Code. Requires the revised School Improvement Plan for a school that is initially placed on academic watch status after a fourth annual calculation or that remains on academic watch status after a fifth annual calculation to be approved by the school board and by the school's local school council, if applicable. Provides that a charter school operating within the City of Chicago shall be administered by a local school council. Provides that a local school council shall be established for each attendance center within the Chicago Public School district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. Requires a supermajority of 8 votes by the local school council to veto any action proposed or approved regarding certain schools placed on probation and intervention actions by the Chicago Schools Academic Accountability Council. Provides that the board of education shall provide $2,500 annually to each local school council for the purposes of training and to procure reasonable and necessary office equipment and supplies as each local school council sees fit. Creates the LSC Certification Commission to provide fundamental training to members of local school councils and certify each member and sets forth its composition. Sets forth a mandatory training program for local school council members. Provides that the LSC Certification Commission may request and, upon such request, the board of education shall budget and distribute such funds as are equal to the total allocations for the certification of local school council members in the year immediately prior. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5328 Detail]

Download: Illinois-2013-HB5328-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5328 Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED:
See Index
Amends the School Code. Requires the revised School Improvement Plan for a school that is initially placed on academic watch status after a fourth annual calculation or that remains on academic watch status after a fifth annual calculation to be approved by the school board and by the school's local school council, if applicable. Provides that a charter school operating within the City of Chicago shall be administered by a local school council. Provides that a local school council shall be established for each attendance center within the Chicago Public School district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than than one student member. Requires a supermajority of 8 votes by the local school council to veto any action proposed or approved regarding certain schools placed on probation and intervention actions by the Chicago Schools Academic Accountability Council. Provides that the board of education shall provide $2,500 annually to each local school council for the purposes of training and to procure reasonable and necessary office equipment and supplies as each local school council sees fit. Creates the LSC Certification Commission to provide fundamental training to members of local school councils and certify each member and sets forth its composition. Sets forth a mandatory training program for local school council members. Provides that the LSC Certification Commission may request and, upon such request, the board of education shall budget and distribute such funds as are equal to the total allocations for the certification of local school council members in the year immediately prior. Makes other changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
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 Sections
2-3.25d, 27A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b,
34-8.3, and 34-8.4 as follows:
(105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)
Sec. 2-3.25d. Academic early warning and watch status.
(a) Beginning with the 2005-2006 school year, unless the
federal government formally disapproves of such policy through
the submission and review process for the Illinois
Accountability Workbook, those schools that do not meet
adequate yearly progress criteria for 2 consecutive annual
calculations in the same subject or in their participation
rate, attendance rate, or graduation rate shall be placed on
academic early warning status for the next school year. Schools
on academic early warning status that do not meet adequate
yearly progress criteria for a third annual calculation in the
same subject or in their participation rate, attendance rate,
or graduation rate shall remain on academic early warning
status. Schools on academic early warning status that do not
meet adequate yearly progress criteria for a fourth annual
calculation in the same subject or in their participation rate,

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attendance rate, or graduation rate shall be placed on initial
academic watch status. Schools on academic watch status that do
not meet adequate yearly progress criteria for a fifth or
subsequent annual calculation in the same subject or in their
participation rate, attendance rate, or graduation rate shall
remain on academic watch status. Schools on academic early
warning or academic watch status that meet adequate yearly
progress criteria for 2 consecutive calculations shall be
considered as having met expectations and shall be removed from
any status designation.
The school district of a school placed on either academic
early warning status or academic watch status may appeal the
status to the State Board of Education in accordance with
Section 2-3.25m of this Code.
A school district that has one or more schools on academic
early warning or academic watch status shall prepare a revised
School Improvement Plan or amendments thereto setting forth the
district's expectations for removing each school from academic
early warning or academic watch status and for improving
student performance in the affected school or schools.
Districts operating under Article 34 of this Code may prepare
the School Improvement Plan required under Section 34-2.4 of
this Code.
The revised School Improvement Plan for a school that is
initially placed on academic early warning status or that
remains on academic early warning status after a third annual

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calculation must be approved by the school board (and by the
school's local school council in a district operating under
Article 34 of this Code, unless the school is on probation
pursuant to subsection (c) of Section 34-8.3 of this Code).
The revised School Improvement Plan for a school that is
initially placed on academic watch status after a fourth annual
calculation must be approved by the school board (and by the
school's local school council in a district operating under
Article 34 of this Code, unless the school is on probation
pursuant to subsection (c) of Section 34-8.3 of this Code).
The revised School Improvement Plan for a school that
remains on academic watch status after a fifth annual
calculation must be approved by the school board (and by the
school's local school council in a district operating under
Article 34 of this Code, unless the school is on probation
pursuant to subsection (c) of Section 34-8.3 of this Code). In
addition, the district must develop a school restructuring plan
for the school that must be approved by the school board (and
by the school's local school council in a district operating
under Article 34 of this Code).
A school on academic watch status that does not meet
adequate yearly progress criteria for a sixth annual
calculation shall implement its approved school restructuring
plan beginning with the next school year, subject to the State
interventions specified in Section 2-3.25f of this Code.
(b) Beginning with the 2005-2006 school year, unless the

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federal government formally disapproves of such policy through
the submission and review process for the Illinois
Accountability Workbook, those school districts that do not
meet adequate yearly progress criteria for 2 consecutive annual
calculations in the same subject or in their participation
rate, attendance rate, or graduation rate shall be placed on
academic early warning status for the next school year.
Districts on academic early warning status that do not meet
adequate yearly progress criteria for a third annual
calculation in the same subject or in their participation rate,
attendance rate, or graduation rate shall remain on academic
early warning status. Districts on academic early warning
status that do not meet adequate yearly progress criteria for a
fourth annual calculation in the same subject or in their
participation rate, attendance rate, or graduation rate shall
be placed on initial academic watch status. Districts on
academic watch status that do not meet adequate yearly progress
criteria for a fifth or subsequent annual calculation in the
same subject or in their participation rate, attendance rate,
or graduation rate shall remain on academic watch status.
Districts on academic early warning or academic watch status
that meet adequate yearly progress criteria for one annual
calculation shall be considered as having met expectations and
shall be removed from any status designation.
A district placed on either academic early warning status
or academic watch status may appeal the status to the State

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Board of Education in accordance with Section 2-3.25m of this
Code.
Districts on academic early warning or academic watch
status shall prepare a District Improvement Plan or amendments
thereto setting forth the district's expectations for removing
the district from academic early warning or academic watch
status and for improving student performance in the district.
All District Improvement Plans must be approved by the
school board.
(c) All revised School and District Improvement Plans shall
be developed in collaboration with parents, staff in the
affected school or school district, and outside experts. All
revised School and District Improvement Plans shall be
developed, submitted, and monitored pursuant to rules adopted
by the State Board of Education. The revised Improvement Plan
shall address measurable outcomes for improving student
performance so that such performance meets adequate yearly
progress criteria as specified by the State Board of Education.
All school districts required to revise a School Improvement
Plan in accordance with this Section shall establish a peer
review process for the evaluation of School Improvement Plans.
(d) All federal requirements apply to schools and school
districts utilizing federal funds under Title I, Part A of the
federal Elementary and Secondary Education Act of 1965.
(e) The State Board of Education, from any moneys it may
have available for this purpose, must implement and administer

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a grant program that provides 2-year grants to school districts
on the academic watch list and other school districts that have
the lowest achieving students, as determined by the State Board
of Education, to be used to improve student achievement. In
order to receive a grant under this program, a school district
must establish an accountability program. The accountability
program must involve the use of statewide testing standards and
local evaluation measures. A grant shall be automatically
renewed when achievement goals are met. The Board may adopt any
rules necessary to implement and administer this grant program.
(Source: P.A. 96-734, eff. 8-25-09.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on the effective date of this amendatory Act of the 93rd
General Assembly, in all new applications submitted to the
State Board or a local school board to establish a charter
school in a city having a population exceeding 500,000,

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operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the
93rd General Assembly do not apply to charter schools existing
or approved on or before the effective date of this amendatory
Act.
(b-5) In this subsection (b-5), "virtual-schooling" means
the teaching of courses through online methods with online
instructors, rather than the instructor and student being at
the same physical location. "Virtual-schooling" includes
without limitation instruction provided by full-time, online
virtual schools.
From April 1, 2013 through April 1, 2014, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.

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(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act. Any charter school operating within a school
district organized under Article 34 of this Code shall be
administered by a local school council established pursuant to
Section 34-2.1 of this Code, with all the normal and usual
powers afforded to a local school council operating in a public
school.
(d) A charter school shall comply with all applicable
health and safety requirements applicable to public schools
under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. Annually, by December 1, every charter school must
submit to the State Board a copy of its audit and a copy of the
Form 990 the charter school filed that year with the federal
Internal Revenue Service.

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(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, and
its charter. A charter school is exempt from all other State
laws and regulations in the School Code governing public
schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code
regarding criminal history records checks and checks of the
Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database of applicants for
employment;
(2) Sections 24-24 and 34-84A of the School Code
regarding discipline of students;
(3) The Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act;
(7) Section 10-17a of the School Code regarding school
report cards; and
(8) The P-20 Longitudinal Education Data System Act.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or

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university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General
Assembly and that operates in a city having a population
exceeding 500,000 may not contract with a for-profit entity to
manage or operate the school during the period that commences
on the effective date of this amendatory Act of the 93rd
General Assembly and concludes at the end of the 2004-2005
school year. Except as provided in subsection (i) of this
Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to

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charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;
97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)
(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) Notwithstanding any other provision of law, a A local
school council shall be established for each attendance center
within the school district, except for private schools. 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

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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 each
attendance center enrolling students in 7th or 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

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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

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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 and attendance

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centers enrolling students in 7th or 8th grade, 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

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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,

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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

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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:

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(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

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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, and in every
year thereafter, the Board shall appoint one student member to
each secondary attendance center and attendance center
enrolling students in 7th or 8th grade, although no attendance
center shall have more than one student member. 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

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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

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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

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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

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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.
(Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)

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(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. 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. 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

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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 student 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

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year performance contract but not for the renewal of a
principal's performance contract. A supermajority of 8 votes is
required to veto any action proposed or approved pursuant to
subsection (d) of Section 34-8.3 of this Code or any action
proposed or approved under Section 34-8.4 of this Code.
(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

HB5328 - 28 - LRB098 18972 OMW 54120 b
arbitration board to resolve intra-council disputes.
(Source: P.A. 91-622, eff. 8-19-99.)
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils - Powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the school,
(iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to improve
student academic achievement, (v) school management, and (vi)
any other factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement;
(B) to determine in the manner provided by subsection (c)
of Section 34-2.2 and subdivision 1.5 of this Section whether
the performance contract of the principal shall be renewed; and

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(C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal (including a
new principal to fill a vacancy) -- without submitting any list
of candidates for that position to the general superintendent
as provided in paragraph 2 of this Section -- to serve under a
4 year performance contract; provided that (i) the
determination of whether the principal's performance contract
is to be renewed, based upon the evaluation required by
subdivision 1.5 of this Section, shall be made no later than
150 days prior to the expiration of the current
performance-based contract of the principal, (ii) in cases
where such performance contract is not renewed -- a direct
selection of a new principal -- to serve under a 4 year
performance contract shall be made by the local school council
no later than 45 days prior to the expiration of the current
performance contract of the principal, and (iii) a selection by
the local school council of a new principal to fill a vacancy
under a 4 year performance contract shall be made within 90
days after the date such vacancy occurs. A Council shall be
required, if requested by the principal, to provide in writing
the reasons for the council's not renewing the principal's
contract.
1.5. The local school council's determination of whether to
renew the principal's contract shall be based on an evaluation
to assess the educational and administrative progress made at
the school during the principal's current performance-based

HB5328 - 30 - LRB098 18972 OMW 54120 b
contract. The local school council shall base its evaluation on
(i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the school,
(iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to improve
student academic achievement, (v) school management, and (vi)
any other factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement. If a local school council fails to renew the
performance contract of a principal rated by the general
superintendent, or his or her designee, in the previous years'
evaluations as meeting or exceeding expectations, the
principal, within 15 days after the local school council's
decision not to renew the contract, may request a review of the
local school council's principal non-retention decision by a
hearing officer appointed by the American Arbitration
Association. A local school council member or members or the
general superintendent may support the principal's request for
review. During the period of the hearing officer's review of
the local school council's decision on whether or not to retain
the principal, the local school council shall maintain all
authority to search for and contract with a person to serve as

HB5328 - 31 - LRB098 18972 OMW 54120 b
interim or acting principal, or as the principal of the
attendance center under a 4-year performance contract,
provided that any performance contract entered into by the
local school council shall be voidable or modified in
accordance with the decision of the hearing officer. The
principal may request review only once while at that attendance
center. If a local school council renews the contract of a
principal who failed to obtain a rating of "meets" or "exceeds
expectations" in the general superintendent's evaluation for
the previous year, the general superintendent, within 15 days
after the local school council's decision to renew the
contract, may request a review of the local school council's
principal retention decision by a hearing officer appointed by
the American Arbitration Association. The general
superintendent may request a review only once for that
principal at that attendance center. All requests to review the
retention or non-retention of a principal shall be submitted to
the general superintendent, who shall, in turn, forward such
requests, within 14 days of receipt, to the American
Arbitration Association. The general superintendent shall send
a contemporaneous copy of the request that was forwarded to the
American Arbitration Association to the principal and to each
local school council member and shall inform the local school
council of its rights and responsibilities under the
arbitration process, including the local school council's
right to representation and the manner and process by which the

HB5328 - 32 - LRB098 18972 OMW 54120 b
Board shall pay the costs of the council's representation. If
the local school council retains the principal and the general
superintendent requests a review of the retention decision, the
local school council and the general superintendent shall be
considered parties to the arbitration, a hearing officer shall
be chosen between those 2 parties pursuant to procedures
promulgated by the State Board of Education, and the principal
may retain counsel and participate in the arbitration. If the
local school council does not retain the principal and the
principal requests a review of the retention decision, the
local school council and the principal shall be considered
parties to the arbitration and a hearing officer shall be
chosen between those 2 parties pursuant to procedures
promulgated by the State Board of Education. The hearing shall
begin (i) within 45 days after the initial request for review
is submitted by the principal to the general superintendent or
(ii) if the initial request for review is made by the general
superintendent, within 45 days after that request is mailed to
the American Arbitration Association. The hearing officer
shall render a decision within 45 days after the hearing begins
and within 90 days after the initial request for review. The
Board shall contract with the American Arbitration Association
for all of the hearing officer's reasonable and necessary
costs. In addition, the Board shall pay any reasonable costs
incurred by a local school council for representation before a
hearing officer.

HB5328 - 33 - LRB098 18972 OMW 54120 b
1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or her
designee, and members of the community. The burden of proof in
establishing that the local school council's decision was
arbitrary and capricious shall be on the party requesting the
arbitration, and this party shall sustain the burden by a
preponderance of the evidence. The hearing officer shall set
the local school council decision aside if that decision, in
light of the record developed at the hearing, is arbitrary and
capricious. The decision of the hearing officer may not be
appealed to the Board or the State Board of Education. If the
hearing officer decides that the principal shall be retained,
the retention period shall not exceed 2 years.
2. In the event (i) the local school council does not renew
the performance contract of the principal, or the principal
fails to receive a satisfactory rating as provided in
subsection (h) of Section 34-8.3, or the principal is removed
for cause during the term of his or her performance contract in
the manner provided by Section 34-85, or a vacancy in the
position of principal otherwise occurs prior to the expiration

HB5328 - 34 - LRB098 18972 OMW 54120 b
of the term of a principal's performance contract, and (ii) the
local school council fails to directly select a new principal
to serve under a 4 year performance contract, the local school
council in such event shall submit to the general
superintendent a list of 3 candidates -- listed in the local
school council's order of preference -- for the position of
principal, one of which shall be selected by the general
superintendent to serve as principal of the attendance center.
If the general superintendent fails or refuses to select one of
the candidates on the list to serve as principal within 30 days
after being furnished with the candidate list, the general
superintendent shall select and place a principal on an interim
basis (i) for a period not to exceed one year or (ii) until the
local school council selects a new principal with 7 affirmative
votes as provided in subsection (c) of Section 34-2.2,
whichever occurs first. If the local school council fails or
refuses to select and appoint a new principal, as specified by
subsection (c) of Section 34-2.2, the general superintendent
may select and appoint a new principal on an interim basis for
an additional year or until a new contract principal is
selected by the local school council. There shall be no
discrimination on the basis of race, sex, creed, color or
disability unrelated to ability to perform in connection with
the submission of candidates for, and the selection of a
candidate to serve as principal of an attendance center. No
person shall be directly selected, listed as a candidate for,

HB5328 - 35 - LRB098 18972 OMW 54120 b
or selected to serve as principal of an attendance center (i)
if such person has been removed for cause from employment by
the Board or (ii) if such person does not hold a valid
administrative certificate issued or exchanged under Article
21 and endorsed as required by that Article for the position of
principal. A principal whose performance contract is not
renewed as provided under subsection (c) of Section 34-2.2 may
nevertheless, if otherwise qualified and certified as herein
provided and if he or she has received a satisfactory rating as
provided in subsection (h) of Section 34-8.3, be included by a
local school council as one of the 3 candidates listed in order
of preference on any candidate list from which one person is to
be selected to serve as principal of the attendance center
under a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school council
does not renew the performance contract of its principal and
does not directly select a new principal to serve under a 4
year performance contract shall be submitted not later than 30
days prior to the expiration of the current performance
contract. In cases where the local school council fails or
refuses to submit the candidate list to the general
superintendent no later than 30 days prior to the expiration of
the incumbent principal's contract, the general superintendent
may appoint a principal on an interim basis for a period not to
exceed one year, during which time the local school council

HB5328 - 36 - LRB098 18972 OMW 54120 b
shall be able to select a new principal with 7 affirmative
votes as provided in subsection (c) of Section 34-2.2. In cases
where a principal is removed for cause or a vacancy otherwise
occurs in the position of principal and the vacancy is not
filled by direct selection by the local school council, the
candidate list shall be submitted by the local school council
to the general superintendent within 90 days after the date
such removal or vacancy occurs. In cases where the local school
council fails or refuses to submit the candidate list to the
general superintendent within 90 days after the date of the
vacancy, the general superintendent may appoint a principal on
an interim basis for a period of one year, during which time
the local school council shall be able to select a new
principal with 7 affirmative votes as provided in subsection
(c) of Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal occurs
for any reason, the vacancy shall be filled in the manner
provided by this Section by the selection of a new principal to
serve under a 4 year performance contract.
3. To establish additional criteria to be included as part
of the performance contract of its principal, provided that
such additional criteria shall not discriminate on the basis of
race, sex, creed, color or disability unrelated to ability to
perform, and shall not be inconsistent with the uniform 4 year
performance contract for principals developed by the board as
provided in Section 34-8.1 of the School Code or with other

HB5328 - 37 - LRB098 18972 OMW 54120 b
provisions of this Article governing the authority and
responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3 shall
be consistent with and subject to the terms of any contract for
services with a third party entered into by the Chicago School
Reform Board of Trustees or the board under this Act.
Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local school council, the
Council may transfer allocations pursuant to Section 34-2.3
within funds; provided that such a transfer is consistent with
applicable law and collective bargaining agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total fiscal
year budget for distribution on a prioritized basis to schools
throughout the school system in order to assure adequate
programs to meet the needs of special student populations as
determined by the Board. This distribution shall take into
account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school
councils. Information about these centrally funded programs
shall be distributed to the local school councils so that their

HB5328 - 38 - LRB098 18972 OMW 54120 b
subsequent planning and programming will account for these
provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum amount
to each local school based upon such formula as the board shall
determine taking into account the special needs of the student
body. The local school principal shall develop an expenditure
plan in consultation with the local school council, the
professional personnel leadership committee and with all other
school personnel, which reflects the priorities and activities
as described in the school's local school improvement plan and
is consistent with applicable law and collective bargaining
agreements and with board policies and standards; however, the
local school council shall have the right to request waivers of
board policy from the board of education and waivers of
employee collective bargaining agreements pursuant to Section
34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds equal
to the amount appropriated in the previous school year for

HB5328 - 39 - LRB098 18972 OMW 54120 b
compensation for teachers (regular grades kindergarten
through 12th grade) plus whatever increases in
compensation have been negotiated contractually or through
longevity as provided in the negotiated agreement.
Adjustments shall be made due to layoff or reduction in
force, lack of funds or work, change in subject
requirements, enrollment changes, or contracts with third
parties for the performance of services or to rectify any
inconsistencies with system-wide allocation formulas or
for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, electronic
textbooks and the technological equipment necessary to
gain access to and use electronic textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal

HB5328 - 40 - LRB098 18972 OMW 54120 b
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall receive
funds based on State and Board requirements applicable to
each State Title I pupil provided to meet the special needs
of the student body. Each school shall receive the
proportion of funds as provided in Section 18-8 to which
they are entitled. These funds shall be spent only with the
budgetary approval of the Local School Council as provided
in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new ones
consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall have
the right to direct the principal to shift expenditures
within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall be

HB5328 - 41 - LRB098 18972 OMW 54120 b
available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to the
provisions of this Article and Article 26, and consistent with
the uniform system of discipline established by the board
pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school community,
and the community shall be afforded the opportunity to make
recommendations concerning the plan. At least twice a year the
principal and local school council shall report publicly on
progress and problems with respect to plan implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent with
and in furtherance of instructional objectives and school
programs reflective of the school improvement plan adopted for
the attendance center; and to make recommendations to the

HB5328 - 42 - LRB098 18972 OMW 54120 b
board, the general superintendent and the principal concerning
any reallocation of teaching resources or other staff whenever
the council determines that any such reallocation is
appropriate because the qualifications of any existing staff at
the attendance center do not adequately match or support
instructional objectives or school programs which reflect the
school improvement plan.
9. To make recommendations to the principal and the general
superintendent concerning their respective appointments, after
August 31, 1989, and in the manner provided by Section 34-8 and
Section 34-8.1, of persons to fill any vacant, additional or
newly created positions for teachers at the attendance center
or at attendance centers which include the attendance center
served by the local school council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the

HB5328 - 43 - LRB098 18972 OMW 54120 b
preceding six months. Council members shall receive training in
at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
To assist the local school councils, the board of education
shall provide $2,500 annually to each local school council for
the purposes of training and to procure reasonable and
necessary office equipment and supplies as each local school
council sees fit.
11. In accordance with systemwide guidelines contained in
the System-Wide Educational Reform Goals and Objectives Plan,
criteria for evaluation of performance shall be established for
local school councils and local school council members. If a
local school council persists in noncompliance with systemwide
requirements, the Board may impose sanctions and take necessary
corrective action, consistent with Section 34-8.3. Any such
action allowed for or taken pursuant to subsection (d) of
Section 34-8.3 or Section 34-8.4 of this Code must be vetoed by
a supermajority of 8 of the voting members of the local school
council.

HB5328 - 44 - LRB098 18972 OMW 54120 b
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school community
a detailed annual report accounting for its activities
programmatically and financially. Each local school council
shall convene at least 2 well-publicized meetings annually with
its entire school community. These meetings shall include
presentation of the proposed local school improvement plan, of
the proposed school expenditure plan, and the annual report,
and shall provide an opportunity for public comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform or
dress code policy that governs the attendance center and that
is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred; and

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(ii) shall include criteria and procedures under which the
local school council will accommodate the needs of or otherwise
provide appropriate resources to assist a student from an
indigent family in complying with an applicable school uniform
or dress code policy. A student whose parents or legal
guardians object on religious grounds to the student's
compliance with an applicable school uniform or dress code
policy shall not be required to comply with that policy if the
student's parents or legal guardians present to the local
school council a signed statement of objection detailing the
grounds for the objection.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and policies,
the use of assembly halls and classrooms when not otherwise
needed, including lighting, heat, and attendants, for public
lectures, concerts, and other educational and social
activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.

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16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 96-1403, eff. 7-29-10.)
(105 ILCS 5/34-2.3b)
Sec. 34-2.3b. Local School Council Training.
(a) The LSC Certification Commission, an independent
commission, is established to provide fundamental training to
members of local school councils and certify each member. The
LSC Certification Commission shall be comprised of
representatives from the Chicago public school system and
representatives from organizations that have provided training
to local school council members on and after January 23, 2014.
The board shall collaborate with universities and other
interested entities and individuals to offer training to local
school council members on topics relevant to school operations
and their responsibilities as local school council members,
including but not limited to legal requirements, role
differentiation, responsibilities, and authorities, and
improving student achievement.
(b) Training of local school council members shall be
provided at the direction of the LSC Certification Commission,
which shall work with universities and other interested
entities to develop and administer a required 3-day training
program for local school council members board in consultation

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with the Council of Chicago-area Deans of Education. Incoming
local school council members shall be required to complete a
3-day training program provided under this Section within 6
months of taking office. The LSC Certification Commission board
shall monitor the compliance of incoming local school council
members with the 3-day training program requirement
established by this Section.
(c) At the direction of the LSC Certification Commission,
the The board shall declare vacant the office of a local school
council member who fails to complete the 3-day training program
provided under this Section within the 6 month period allowed.
Any such vacancy shall be filled as provided in subsection (o)
of Section 34-2.1 by appointment of another person qualified to
hold the office. In addition to requiring local school council
members to complete the 3-day training program under this
Section, the board may encourage local school council members
to complete additional training during their term of office and
shall provide recognition for individuals completing that
additional training. The board is authorized to collaborate
with universities, non-profits, and other interested
organizations and individuals to offer additional training to
local school council members on a regular basis during their
term in office. The board shall not be required to bear the
cost of the required 3-day training program or any additional
training provided to local school council members under this
Section.

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(d) The LSC Certification Commission board shall also offer
training to aid local school councils in developing principal
evaluation procedures and criteria. The board shall send out
requests for proposals concerning this training and is
authorized to contract with universities, non-profits, and
other interested organizations and individuals to provide this
training. The board is authorized to use funds from private
organizations, non-profits, or any other outside source as well
as its own funds for this purpose.
(e) The LSC Certification Commission may request and, upon
such request, the board of education shall budget and
distribute such funds as are equal to the total allocations for
the certification of local school council members under this
Section in the year immediately prior. Upon a majority vote of
the LSC Certification Commission, that request may exceed the
prior year's allocations by 2%.
(Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)
(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. The
provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4
and 34-8.3, and those provisions of paragraph 1 of Section
34-18 and paragraph (c) of Section 34A-201a relating to the
allocation or application -- by formula or otherwise -- of lump
sum amounts and other funds to attendance centers, shall not
apply to attendance centers that have applied for and been

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designated as a "Small School" by the Board, the Cook County
Juvenile Detention Center and Cook County Jail schools, nor to
the district's alternative schools for pregnant girls, nor to
alternative schools established under Article 13A, nor to a
contract school, nor to the Michael R. Durso School, the
Jackson Adult Center, the Hillard Adult Center, the Alternative
Transitional School, or any other attendance center designated
by the Board as an alternative school, provided that the
designation is not applied to an attendance center that has in
place a legally constituted local school council, except for
contract turnaround schools. The board of education shall have
and exercise with respect to those schools and with respect to
the conduct, operation, affairs and budgets of those schools,
and with respect to the principals, teachers and other school
staff there employed, the same powers which are exercisable by
local school councils with respect to the other attendance
centers, principals, teachers and school staff within the
district, together with all powers and duties generally
exercisable by the board of education with respect to all
attendance centers within the district. The board of education
shall develop appropriate alternative methods for involving
parents, community members and school staff to the maximum
extent possible in all of the activities of those schools, and
may delegate to the parents, community members and school staff
so involved the same powers which are exercisable by local
school councils with respect to other attendance centers.

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(Source: P.A. 96-105, eff. 7-30-09.)
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance
centers.
(a) The general superintendent shall monitor the
performance of the attendance centers within the district and
shall identify attendance centers, pursuant to criteria that
the board shall establish, in which:
(1) there is a failure to develop, implement, or comply
with a school improvement plan;
(2) there is a pervasive breakdown in the educational
program as indicated by factors, including, but not limited
to, the absence of improvement in student reading and math
achievement scores, an increased drop-out rate, a
decreased graduation rate, and a decrease in rate of
student attendance;
(3) (blank); or
(4) there is a failure or refusal to comply with the
provisions of this Act, other applicable laws, collective
bargaining agreements, court orders, or with Board rules
which the Board is authorized to promulgate.
(b) If the general superintendent identifies a
nonperforming school as described herein, he or she shall place
the attendance center on remediation by developing a
remediation plan for the center. The purpose of the remediation

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plan shall be to correct the deficiencies in the performance of
the attendance center by one or more of the following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for
training for the local school council;
(3) directing implementation of a school improvement
plan;
(4) mediating disputes or other obstacles to reform or
improvement at the attendance center.
Nothing in this Section removes any authority of the local
school council, which shall retain the right to reject or
modify any school improvement plan or implementation thereof.
If, however, the general superintendent determines that
the problems are not able to be remediated by these methods,
the general superintendent shall place the attendance center on
probation. The board shall establish guidelines that determine
the factors for placing an attendance center on probation.
(c) Each school placed on probation shall have a school
improvement plan and school budget for correcting deficiencies
identified by the board. The plan shall include specific steps
that the local school council and school staff must take to
correct identified deficiencies and specific objective
criteria by which the school's subsequent progress will be
determined. The school budget shall include specific
expenditures directly calculated to correct educational and
operational deficiencies identified at the school by the

HB5328 - 52 - LRB098 18972 OMW 54120 b
probation team.
(d) Schools placed on probation that, after a maximum of
one year, fail to make adequate progress in correcting
deficiencies are subject to the following actions by the
general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
provisions of Section 24A-5.
(4) Reconstitution of the attendance center and
replacement and reassignment by the general superintendent
of all employees of the attendance center.
(5) Intervention under Section 34-8.4.
(5.5) Operating an attendance center as a contract
turnaround school.
(6) Closing of the school.
Any action proposed or approved under this subsection (d) is
subject to veto by a supermajority of 8 of the voting members
of the local school council.
(e) Schools placed on probation shall remain on probation
from year to year until deficiencies are corrected, even if
such schools make acceptable annual progress. The board shall
establish, in writing, criteria for determining whether or not
a school shall remain on probation. Such criteria shall be
delivered to each local school council on or before August 1 of

HB5328 - 53 - LRB098 18972 OMW 54120 b
each year. If academic achievement tests are used as the factor
for placing a school on probation, the general superintendent
shall consider objective criteria, not just an increase in test
scores, in deciding whether or not a school shall remain on
probation. These criteria shall include attendance, test
scores, student mobility rates, poverty rates, bilingual
education eligibility, special education, and English language
proficiency programs, with progress made in these areas being
taken into consideration in deciding whether or not a school
shall remain on probation.
(f) Where the board has reason to believe that violations
of civil rights, or of civil or criminal law have occurred, or
when the general superintendent deems that the school is in
educational crisis it may take immediate corrective action,
including the actions specified in this Section, without first
placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as
provided by any law of this State. The board shall develop
criteria governing the determination regarding when a school is
in educational crisis. Such criteria shall be delivered to each
local school council on or before August 1 of each year. An
action under subsection (d) of this Section shall be subject to
veto by a supermajority of 8 of the voting members of the local
school council.
(g) All persons serving as subdistrict superintendent on
May 1, 1995 shall be deemed by operation of law to be serving

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under a performance contract which expires on June 30, 1995,
and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board
shall have no obligation to compensate any such person as a
subdistrict superintendent after June 30, 1995.
(h) The general superintendent shall, in consultation with
local school councils, conduct an annual evaluation of each
principal in the district pursuant to guidelines promulgated by
the Board of Education.
(Source: P.A. 96-105, eff. 7-30-09.)
(105 ILCS 5/34-8.4)
Sec. 34-8.4. Intervention. The Chicago Schools Academic
Accountability Council may recommend to the Chicago School
Reform Board of Trustees that any school placed on remediation
or probation under Section 34-8.3 or schools that for the 3
consecutive school years of 1992-1993, 1993-1994, and
1994-1995 have met the State Board of Education's category of
"does not meet expectations" be made subject to intervention
under this Section 34-8.4. In addition to any powers created
under this Section, the Trustees shall have all powers created
under Section 34-8.3 with respect to schools subjected to
intervention.
Prior to subjecting a school to intervention, the Trustees
shall conduct a public hearing and make findings of facts
concerning the recommendation of the Chicago Schools Academic

HB5328 - 55 - LRB098 18972 OMW 54120 b
Accountability Council and the factors causing the failure of
the school to adequately perform. The Trustees shall afford an
opportunity at the hearing for interested persons to comment
about the intervention recommendation. After the hearing has
been held and completion of findings of fact, the Trustees
shall make a determination whether to subject the school to
intervention.
If the Trustees determine that a school shall be subject to
intervention under this Section, the Trustees shall develop an
intervention implementation plan and shall cause a performance
evaluation to be made of each employee at the school. Upon
consideration of such evaluations, and consistent with the
intervention implementation plan, the Trustees may reassign,
layoff, or dismiss any employees at the attendance center,
notwithstanding the provisions of Sections 24A-5 and 34-85.
The chief educational officer shall appoint a principal for
the school and shall set the terms and conditions of the
principal's contract, which in no case may be longer than 2
years. The principal shall select all teachers and
non-certified personnel for the school as may be necessary. Any
provision of Section 34-8.1 that conflicts with this Section
shall not apply to a school subjected to intervention under
this Section.
If pursuant to this Section, the general superintendent,
with the approval of the board, orders new local school council
elections, the general superintendent shall carry out the

HB5328 - 56 - LRB098 18972 OMW 54120 b
responsibilities of the local school council for a school
subject to intervention until the new local school council
members are elected and trained.
Any action authorized by this Section must be vetoed by a
supermajority vote of 8 of the voting members of the local
school council for the attendance center affected by the
action.
Each school year, 5% of the supplemental general State aid
funds distributed to a school subject to intervention during
that school year under subsection 5(i)(1)(a) of part A of
Section 18-8 or subsection (H) of Section 18-8.05 shall be used
for employee performance incentives. The Trustees shall
prepare a report evaluating the results of any interventions
undertaken pursuant to this Section and shall make
recommendations concerning implementation of special programs
for dealing with underperforming schools on an ongoing basis.
This report shall be submitted to the State Superintendent of
Education and Mayor of the City of Chicago by January 1, 1999.
(Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;
90-548, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB5328 - 57 - LRB098 18972 OMW 54120 b
INDEX
Statutes amended in order of appearance