101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5820

Introduced , by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:
105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
105 ILCS 5/34-2.2 from Ch. 122, par. 34-2.2

Amends the Chicago School District Article of the School Code. Provides that beginning with the 2021-2022 school year, the membership of the local school council for each secondary attendance center shall include 3 full-time student members (rather than one full-time student member). Makes related changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Sections
534-2.1 and 34-2.2 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. In each
21secondary attendance center, the local school council shall
22consist of 13 voting members through the 2020-2021 school year, -
23- the 12 voting members described above and one full-time

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1student member, and 15 voting members beginning with the
22021-2022 school year, the 12 voting members described above
3and 3 full-time student members, appointed as provided in
4subsection (m) below. In the event that the chief executive
5officer of the Chicago School Reform Board of Trustees
6determines that a local school council is not carrying out its
7financial duties effectively, the chief executive officer is
8authorized to appoint a representative of the business
9community with experience in finance and management to serve as
10an advisor to the local school council for the purpose of
11providing advice and assistance to the local school council on
12fiscal matters. The advisor shall have access to relevant
13financial records of the local school council. The advisor may
14attend executive sessions. The chief executive officer shall
15issue a written policy defining the circumstances under which a
16local school council is not carrying out its financial duties
17effectively.
18 (b) Within 7 days of January 11, 1991, the Mayor shall
19appoint the members and officers (a Chairperson who shall be a
20parent member and a Secretary) of each local school council who
21shall hold their offices until their successors shall be
22elected and qualified. Members so appointed shall have all the
23powers and duties of local school councils as set forth in this
24amendatory Act of 1991. The Mayor's appointments shall not
25require approval by the City Council.
26 The membership of each local school council shall be

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1encouraged to be reflective of the racial and ethnic
2composition of the student population of the attendance center
3served by the local school council.
4 (c) Beginning with the 1995-1996 school year and in every
5even-numbered year thereafter, the Board shall set second
6semester Parent Report Card Pick-up Day for Local School
7Council elections and may schedule elections at year-round
8schools for the same dates as the remainder of the school
9system. Elections shall be conducted as provided herein by the
10Board of Education in consultation with the local school
11council at each attendance center.
12 (c-5) Notwithstanding subsection (c), for the local school
13council election set for the 2019-2020 school year, the Board
14may hold the election on the first semester Parent Report Card
15Pick-up Day of the 2020-2021 school year, making any necessary
16modifications to the election process or date to comply with
17guidance from the Department of Public Health and the federal
18Centers for Disease Control and Prevention. The terms of office
19of all local school council members eligible to serve and
20seated on or after March 23, 2020 through January 10, 2021 are
21extended through January 10, 2021, provided that the members
22continue to meet eligibility requirements for local school
23council membership.
24 (d) Beginning with the 1995-96 school year, the following
25procedures shall apply to the election of local school council
26members at each attendance center:

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1 (i) The elected members of each local school council
2 shall consist of the 6 parent members and the 2 community
3 resident members.
4 (ii) Each elected member shall be elected by the
5 eligible voters of that attendance center to serve for a
6 two-year term commencing on July 1 immediately following
7 the election described in subsection (c), except that the
8 terms of members elected to a local school council under
9 subsection (c-5) shall commence on January 11, 2021 and end
10 on July 1, 2022. Eligible voters for each attendance center
11 shall consist of the parents and community residents for
12 that attendance center.
13 (iii) Each eligible voter shall be entitled to cast one
14 vote for up to a total of 5 candidates, irrespective of
15 whether such candidates are parent or community resident
16 candidates.
17 (iv) Each parent voter shall be entitled to vote in the
18 local school council election at each attendance center in
19 which he or she has a child currently enrolled. Each
20 community resident voter shall be entitled to vote in the
21 local school council election at each attendance center for
22 which he or she resides in the applicable attendance area
23 or voting district, as the case may be.
24 (v) Each eligible voter shall be entitled to vote once,
25 but not more than once, in the local school council
26 election at each attendance center at which the voter is

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1 eligible to vote.
2 (vi) The 2 teacher members and the non-teacher employee
3 member of each local school council shall be appointed as
4 provided in subsection (l) below each to serve for a
5 two-year term coinciding with that of the elected parent
6 and community resident members. From March 23, 2020 through
7 January 10, 2021, the chief executive officer or his or her
8 designee may make accommodations to fill the vacancy of a
9 teacher or non-teacher employee member of a local school
10 council.
11 (vii) At secondary attendance centers, the voting
12 student members member shall be appointed as provided in
13 subsection (m) below to serve for a one-year term
14 coinciding with the beginning of the terms of the elected
15 parent and community members of the local school council.
16 For the 2020-2021 school year, the chief executive officer
17 or his or her designee may make accommodations to fill the
18 vacancy of a student member of a local school council.
19 (e) The Council shall publicize the date and place of the
20election by posting notices at the attendance center, in public
21places within the attendance boundaries of the attendance
22center and by distributing notices to the pupils at the
23attendance center, and shall utilize such other means as it
24deems necessary to maximize the involvement of all eligible
25voters.
26 (f) Nomination. The Council shall publicize the opening of

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1nominations by posting notices at the attendance center, in
2public places within the attendance boundaries of the
3attendance center and by distributing notices to the pupils at
4the attendance center, and shall utilize such other means as it
5deems necessary to maximize the involvement of all eligible
6voters. Not less than 2 weeks before the election date, persons
7eligible to run for the Council shall submit their name, date
8of birth, social security number, if available, and some
9evidence of eligibility to the Council. The Council shall
10encourage nomination of candidates reflecting the
11racial/ethnic population of the students at the attendance
12center. Each person nominated who runs as a candidate shall
13disclose, in a manner determined by the Board, any economic
14interest held by such person, by such person's spouse or
15children, or by each business entity in which such person has
16an ownership interest, in any contract with the Board, any
17local school council or any public school in the school
18district. Each person nominated who runs as a candidate shall
19also disclose, in a manner determined by the Board, if he or
20she ever has been convicted of any of the offenses specified in
21subsection (c) of Section 34-18.5; provided that neither this
22provision nor any other provision of this Section shall be
23deemed to require the disclosure of any information that is
24contained in any law enforcement record or juvenile court
25record that is confidential or whose accessibility or
26disclosure is restricted or prohibited under Section 5-901 or

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15-905 of the Juvenile Court Act of 1987. Failure to make such
2disclosure shall render a person ineligible for election or to
3serve on the local school council. The same disclosure shall be
4required of persons under consideration for appointment to the
5Council pursuant to subsections (l) and (m) of this Section.
6 (f-5) Notwithstanding disclosure, a person who has been
7convicted of any of the following offenses at any time shall be
8ineligible for election or appointment to a local school
9council and ineligible for appointment to a local school
10council pursuant to subsections (l) and (m) of this Section:
11(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1211-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1311-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1412-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
15Section 11-14.3, of the Criminal Code of 1961 or the Criminal
16Code of 2012, or (ii) any offense committed or attempted in any
17other state or against the laws of the United States, which, if
18committed or attempted in this State, would have been
19punishable as one or more of the foregoing offenses.
20Notwithstanding disclosure, a person who has been convicted of
21any of the following offenses within the 10 years previous to
22the date of nomination or appointment shall be ineligible for
23election or appointment to a local school council: (i) those
24defined in Section 401.1, 405.1, or 405.2 of the Illinois
25Controlled Substances Act or (ii) any offense committed or
26attempted in any other state or against the laws of the United

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1States, which, if committed or attempted in this State, would
2have been punishable as one or more of the foregoing offenses.
3 Immediately upon election or appointment, incoming local
4school council members shall be required to undergo a criminal
5background investigation, to be completed prior to the member
6taking office, in order to identify any criminal convictions
7under the offenses enumerated in Section 34-18.5. The
8investigation shall be conducted by the Department of State
9Police in the same manner as provided for in Section 34-18.5.
10However, notwithstanding Section 34-18.5, the social security
11number shall be provided only if available. If it is determined
12at any time that a local school council member or member-elect
13has been convicted of any of the offenses enumerated in this
14Section or failed to disclose a conviction of any of the
15offenses enumerated in Section 34-18.5, the general
16superintendent shall notify the local school council member or
17member-elect of such determination and the local school council
18member or member-elect shall be removed from the local school
19council by the Board, subject to a hearing, convened pursuant
20to Board rule, prior to removal.
21 (g) At least one week before the election date, the Council
22shall publicize, in the manner provided in subsection (e), the
23names of persons nominated for election.
24 (h) Voting shall be in person by secret ballot at the
25attendance center between the hours of 6:00 a.m. and 7:00 p.m.
26 (i) Candidates receiving the highest number of votes shall

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1be declared elected by the Council. In cases of a tie, the
2Council shall determine the winner by lot.
3 (j) The Council shall certify the results of the election
4and shall publish the results in the minutes of the Council.
5 (k) The general superintendent shall resolve any disputes
6concerning election procedure or results and shall ensure that,
7except as provided in subsections (e) and (g), no resources of
8any attendance center shall be used to endorse or promote any
9candidate.
10 (l) Beginning with the 1995-1996 school year and in every
11even numbered year thereafter, the Board shall appoint 2
12teacher members to each local school council. These
13appointments shall be made in the following manner:
14 (i) The Board shall appoint 2 teachers who are employed
15 and assigned to perform the majority of their employment
16 duties at the attendance center to serve on the local
17 school council of the attendance center for a two-year term
18 coinciding with the terms of the elected parent and
19 community members of that local school council. These
20 appointments shall be made from among those teachers who
21 are nominated in accordance with subsection (f).
22 (ii) A non-binding, advisory poll to ascertain the
23 preferences of the school staff regarding appointments of
24 teachers to the local school council for that attendance
25 center shall be conducted in accordance with the procedures
26 used to elect parent and community Council

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1 representatives. At such poll, each member of the school
2 staff shall be entitled to indicate his or her preference
3 for up to 2 candidates from among those who submitted
4 statements of candidacy as described above. These
5 preferences shall be advisory only and the Board shall
6 maintain absolute discretion to appoint teacher members to
7 local school councils, irrespective of the preferences
8 expressed in any such poll.
9 (iii) In the event that a teacher representative is
10 unable to perform his or her employment duties at the
11 school due to illness, disability, leave of absence,
12 disciplinary action, or any other reason, the Board shall
13 declare a temporary vacancy and appoint a replacement
14 teacher representative to serve on the local school council
15 until such time as the teacher member originally appointed
16 pursuant to this subsection (l) resumes service at the
17 attendance center or for the remainder of the term. The
18 replacement teacher representative shall be appointed in
19 the same manner and by the same procedures as teacher
20 representatives are appointed in subdivisions (i) and (ii)
21 of this subsection (l).
22 (m) Beginning with the 1995-1996 school year through the
232020-2021 school year, and in every year thereafter, the Board
24shall appoint one student member to each secondary attendance
25center. Beginning with the 2021-2022 school year and for every
26school year thereafter, the Board shall appoint 3 student

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1members to each secondary attendance center. These
2appointments shall be made in the following manner:
3 (i) Appointments shall be made from among those
4 students who submit statements of candidacy to the
5 principal of the attendance center, such statements to be
6 submitted commencing on the first day of the twentieth week
7 of school and continuing for 2 weeks thereafter. The form
8 and manner of such candidacy statements shall be determined
9 by the Board.
10 (ii) During the twenty-second week of school in every
11 year, the principal of each attendance center shall conduct
12 a non-binding, advisory poll to ascertain the preferences
13 of the school students regarding the appointment of a
14 student students to the local school council for that
15 attendance center. At such poll, each student shall be
16 entitled to indicate his or her preference for up to one
17 candidate from among those who submitted statements of
18 candidacy as described above. The Board shall promulgate
19 rules to ensure that these non-binding, advisory polls are
20 conducted in a fair and equitable manner and maximize the
21 involvement of all school students. The preferences
22 expressed in these non-binding, advisory polls shall be
23 transmitted by the principal to the Board. However, these
24 preferences shall be advisory only and the Board shall
25 maintain absolute discretion to appoint student members to
26 local school councils, irrespective of the preferences

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

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1to local school council members and which shall require reports
2or statements to be filed by Council members at regular
3intervals with the Secretary of the Board. Failure to comply
4with such rules or intentionally falsifying such reports shall
5be grounds for disqualification from local school council
6membership. A vacancy on the Council for disqualification may
7be so declared by the Secretary of the Board. Rules regarding
8conflicts of interest and disclosure of economic interests
9promulgated by the Board shall apply to local school council
10members. No less than 45 days prior to the deadline, the
11general superintendent shall provide notice, by mail, to each
12local school council member of all requirements and forms for
13compliance with economic interest statements.
14 (r) (1) If a parent member of a local school council ceases
15to have any child enrolled in the attendance center governed by
16the Local School Council due to the graduation or voluntary
17transfer of a child or children from the attendance center, the
18parent's membership on the Local School Council and all voting
19rights are terminated immediately as of the date of the child's
20graduation or voluntary transfer. If the child of a parent
21member of a local school council dies during the member's term
22in office, the member may continue to serve on the local school
23council for the balance of his or her term. Further, a local
24school council member may be removed from the Council by a
25majority vote of the Council as provided in subsection (c) of
26Section 34-2.2 if the Council member has missed 3 consecutive

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

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1assigned to perform a majority of his or her duties at the
2school, provided that if the teacher representative resigns
3from employment with the Board or voluntarily transfers to
4another school, the teacher's membership on the local school
5council and all voting rights are terminated immediately as of
6the date of the teacher's resignation or upon the date of the
7teacher's voluntary transfer to another school. If a teacher
8member of a local school council ceases to be eligible to serve
9on a local school council for any other reason, that member
10shall be removed by the Board subject to a hearing, convened
11pursuant to Board rule, prior to removal.
12 (s) As used in this Section only, "community resident"
13means a person, 17 years of age or older, residing within an
14attendance area served by a school, excluding any person who is
15a parent of a student enrolled in that school; provided that
16with respect to any multi-area school, community resident means
17any person, 17 years of age or older, residing within the
18voting district established for that school pursuant to Section
1934-2.1c, excluding any person who is a parent of a student
20enrolled in that school. This definition does not apply to any
21provisions concerning school boards.
22(Source: P.A. 101-643, eff. 6-18-20.)
23 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
24 Sec. 34-2.2. Local school councils - Manner of operation.
25 (a) The annual organizational meeting of each local school

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1council shall be held at the attendance center or via
2videoconference or teleconference if guidance from the
3Department of Public Health or Centers for Disease Control and
4Prevention limits the size of in-person meetings at the time of
5the meeting. At the annual organization meeting, which shall be
6held no sooner than July 1 and no later than July 14, a parent
7member of the local school council shall be selected by the
8members of such council as its chairperson, and a secretary
9shall be selected by the members of such council from among
10their number, each to serve a term of one year. However, an
11organizational meeting held by members elected to a local
12school council under subsection (c-5) of Section 34-2.1 may be
13held no sooner than January 11, 2021 and no later than January
1431, 2021. Whenever a vacancy in the office of chairperson or
15secretary of a local school council shall occur, a new
16chairperson (who shall be a parent member) or secretary, as the
17case may be, shall be elected by the members of the local
18school council from among their number to serve as such
19chairperson or secretary for the unexpired term of office in
20which the vacancy occurs. At each annual organizational
21meeting, the time and place of any regular meetings of the
22local school council shall be fixed. Special meetings of the
23local school council may be called by the chairperson or by any
244 members by giving notice thereof in writing, specifying the
25time, place and purpose of the meeting. Public notice of
26meetings shall also be given in accordance with the Open

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1Meetings Act.
2 (b) Members and officers of the local school council shall
3serve without compensation and without reimbursement of any
4expenses incurred in the performance of their duties, except
5that the board of education may by rule establish a procedure
6and thereunder provide for reimbursement of members and
7officers of local school councils for such of their reasonable
8and necessary expenses (excluding any lodging or meal expenses)
9incurred in the performance of their duties as the board may
10deem appropriate.
11 (c) A majority of the full membership of the local school
12council shall constitute a quorum, and whenever a vote is taken
13on any measure before the local school council, a quorum being
14present, the affirmative vote of a majority of the votes of the
15full membership then serving of the local school council shall
16determine the outcome thereof; provided that whenever the
17measure before the local school council is (i) the evaluation
18of the principal, or (ii) the renewal of his or her performance
19contract or the inclusion of any provision or modification of
20the contract, or (iii) the direct selection by the local school
21council of a new principal (including a new principal to fill a
22vacancy) to serve under a 4 year performance contract, or (iv)
23the determination of the names of candidates to be submitted to
24the general superintendent for the position of principal, the
25principal and any student members member of a high school
26council shall not be counted for purposes of determining

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1whether a quorum is present to act on the measure and shall
2have no vote thereon; and provided further that 7 affirmative
3votes of the local school council shall be required for the
4direct selection by the local school council of a new principal
5to serve under a 4 year performance contract but not for the
6renewal of a principal's performance contract.
7 (d) Student members of high school councils shall not be
8eligible to vote on personnel matters, including but not
9limited to principal evaluations and contracts and the
10allocation of teaching and staff resources.
11 (e) The local school council of an attendance center which
12provides bilingual education shall be encouraged to provide
13translators at each council meeting to maximize participation
14of parents and the community.
15 (f) Each local school council of an attendance center which
16provides bilingual education shall create a Bilingual Advisory
17Committee or recognize an existing Bilingual Advisory
18Committee as a standing committee. The Chair and a majority of
19the members of the advisory committee shall be parents of
20students in the bilingual education program. The parents on the
21advisory committee shall be selected by parents of students in
22the bilingual education program, and the committee shall select
23a Chair. The advisory committee for each secondary attendance
24center shall include at least one full-time bilingual education
25student. The Bilingual Advisory Committee shall serve only in
26an advisory capacity to the local school council.

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1 (g) Local school councils may utilize the services of an
2arbitration board to resolve intra-council disputes.
3(Source: P.A. 101-643, eff. 6-18-20.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.