Illinois-2021-SB1834-Introduced

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1834

Introduced 2/26/2021, by Sen. Cristina H. Pacione-Zayas

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/27A-5`
`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`
`105 ILCS 5/34-2.3`	`from Ch. 122, par. 34-2.3`
`105 ILCS 5/34-2.3b`
`105 ILCS 5/34-2.4b`	`from Ch. 122, par. 34-2.4b`
`105 ILCS 5/34-8.3`	`from Ch. 122, par. 34-8.3`
`105 ILCS 5/34-8.4`

Amends the School Code. 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 small school, contract school, and military school within the Chicago 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. 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 Chicago 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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1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections

5 27A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b, 34-8.3, and

6 34-8.4 as follows:

7 (105 ILCS 5/27A-5)

8 Sec. 27A-5. Charter school; legal entity; requirements.

9 (a) A charter school shall be a public, nonsectarian,

10 nonreligious, non-home based, and non-profit school. A charter

11 school shall be organized and operated as a nonprofit

12 corporation or other discrete, legal, nonprofit entity

13 authorized under the laws of the State of Illinois.

14 (b) A charter school may be established under this Article

15 by creating a new school or by converting an existing public

16 school or attendance center to charter school status.

17 Beginning on April 16, 2003 (the effective date of Public Act

18 93-3), in all new applications to establish a charter school

19 in a city having a population exceeding 500,000, operation of

20 the charter school shall be limited to one campus. The changes

21 made to this Section by Public Act 93-3 do not apply to charter

22 schools existing or approved on or before April 16, 2003 (the

23 effective date of Public Act 93-3).

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1 (b-5) In this subsection (b-5), "virtual-schooling" means

2 a cyber school where students engage in online curriculum and

3 instruction via the Internet and electronic communication with

4 their teachers at remote locations and with students

5 participating at different times.

6 From April 1, 2013 through December 31, 2016, there is a

7 moratorium on the establishment of charter schools with

8 virtual-schooling components in school districts other than a

9 school district organized under Article 34 of this Code. This

10 moratorium does not apply to a charter school with

11 virtual-schooling components existing or approved prior to

12 April 1, 2013 or to the renewal of the charter of a charter

13 school with virtual-schooling components already approved

14 prior to April 1, 2013.

15 (c) A charter school shall be administered and governed by

16 its board of directors or other governing body in the manner

17 provided in its charter. The governing body of a charter

18 school shall be subject to the Freedom of Information Act and

19 the Open Meetings Act. No later than January 1, 2021 (one year

20 after the effective date of Public Act 101-291) ~~this~~

21 ~~amendatory Act of the 101st General Assembly~~, a charter

22 school's board of directors or other governing body must

23 include at least one parent or guardian of a pupil currently

24 enrolled in the charter school who may be selected through the

25 charter school or a charter network election, appointment by

26 the charter school's board of directors or other governing

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1 body, or by the charter school's Parent Teacher Organization

2 or its equivalent. Any charter school operating within a

3 school district organized under Article 34 of this Code shall

4 be administered by a local school council established pursuant

5 to Section 34-2.1 of this Code, with all the normal and usual

6 powers afforded to a local school council operating in a

7 public school.

8 (c-5) No later than January 1, 2021 (one year after the

9 effective date of Public Act 101-291) ~~this amendatory Act of~~

10 ~~the 101st General Assembly~~ or within the first year of his or

11 her first term, every voting member of a charter school's

12 board of directors or other governing body shall complete a

13 minimum of 4 hours of professional development leadership

14 training to ensure that each member has sufficient familiarity

15 with the board's or governing body's role and

16 responsibilities, including financial oversight and

17 accountability of the school, evaluating the principal's and

18 school's performance, adherence to the Freedom of Information

19 Act and the Open Meetings Act ~~Acts~~, and compliance with

20 education and labor law. In each subsequent year of his or her

21 term, a voting member of a charter school's board of directors

22 or other governing body shall complete a minimum of 2 hours of

23 professional development training in these same areas. The

24 training under this subsection may be provided or certified by

25 a statewide charter school membership association or may be

26 provided or certified by other qualified providers approved by

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1 the State Board of Education.

2 (d) For purposes of this subsection (d), "non-curricular

3 health and safety requirement" means any health and safety

4 requirement created by statute or rule to provide, maintain,

5 preserve, or safeguard safe or healthful conditions for

6 students and school personnel or to eliminate, reduce, or

7 prevent threats to the health and safety of students and

8 school personnel. "Non-curricular health and safety

9 requirement" does not include any course of study or

10 specialized instructional requirement for which the State

11 Board has established goals and learning standards or which is

12 designed primarily to impart knowledge and skills for students

13 to master and apply as an outcome of their education.

14 A charter school shall comply with all non-curricular

15 health and safety requirements applicable to public schools

16 under the laws of the State of Illinois. On or before September

17 1, 2015, the State Board shall promulgate and post on its

18 Internet website a list of non-curricular health and safety

19 requirements that a charter school must meet. The list shall

20 be updated annually no later than September 1. Any charter

21 contract between a charter school and its authorizer must

22 contain a provision that requires the charter school to follow

23 the list of all non-curricular health and safety requirements

24 promulgated by the State Board and any non-curricular health

25 and safety requirements added by the State Board to such list

26 during the term of the charter. Nothing in this subsection (d)

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1 precludes an authorizer from including non-curricular health

2 and safety requirements in a charter school contract that are

3 not contained in the list promulgated by the State Board,

4 including non-curricular health and safety requirements of the

5 authorizing local school board.

6 (e) Except as otherwise provided in the School Code, a

7 charter school shall not charge tuition; provided that a

8 charter school may charge reasonable fees for textbooks,

9 instructional materials, and student activities.

10 (f) A charter school shall be responsible for the

11 management and operation of its fiscal affairs including, but

12 not limited to, the preparation of its budget. An audit of each

13 charter school's finances shall be conducted annually by an

14 outside, independent contractor retained by the charter

15 school. To ensure financial accountability for the use of

16 public funds, on or before December 1 of every year of

17 operation, each charter school shall submit to its authorizer

18 and the State Board a copy of its audit and a copy of the Form

19 990 the charter school filed that year with the federal

20 Internal Revenue Service. In addition, if deemed necessary for

21 proper financial oversight of the charter school, an

22 authorizer may require quarterly financial statements from

23 each charter school.

24 (g) A charter school shall comply with all provisions of

25 this Article, the Illinois Educational Labor Relations Act,

26 all federal and State laws and rules applicable to public

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1 schools that pertain to special education and the instruction

2 of English learners, and its charter. A charter school is

3 exempt from all other State laws and regulations in this Code

4 governing public schools and local school board policies;

5 however, a charter school is not exempt from the following:

6 (1) Sections 10-21.9 and 34-18.5 of this Code

7 regarding criminal history records checks and checks of

8 the Statewide Sex Offender Database and Statewide Murderer

9 and Violent Offender Against Youth Database of applicants

10 for employment;

11 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

12 34-84a of this Code regarding discipline of students;

13 (3) the Local Governmental and Governmental Employees

14 Tort Immunity Act;

15 (4) Section 108.75 of the General Not For Profit

16 Corporation Act of 1986 regarding indemnification of

17 officers, directors, employees, and agents;

18 (5) the Abused and Neglected Child Reporting Act;

19 (5.5) subsection (b) of Section 10-23.12 and

20 subsection (b) of Section 34-18.6 of this Code;

21 (6) the Illinois School Student Records Act;

22 (7) Section 10-17a of this Code regarding school

23 report cards;

24 (8) the P-20 Longitudinal Education Data System Act;

25 (9) Section 27-23.7 of this Code regarding bullying

26 prevention;

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1 (10) Section 2-3.162 of this Code regarding student

2 discipline reporting;

3 (11) Sections 22-80 and 27-8.1 of this Code;

4 (12) Sections 10-20.60 and 34-18.53 of this Code;

5 (13) Sections 10-20.63 and 34-18.56 of this Code;

6 (14) Section 26-18 of this Code;

7 (15) Section 22-30 of this Code; ~~and~~

8 (16) Sections 24-12 and 34-85 of this Code; and ~~.~~

9 (17) the ~~(16) The~~ Seizure Smart School Act.

10 The change made by Public Act 96-104 to this subsection

11 (g) is declaratory of existing law.

12 (h) A charter school may negotiate and contract with a

13 school district, the governing body of a State college or

14 university or public community college, or any other public or

15 for-profit or nonprofit private entity for: (i) the use of a

16 school building and grounds or any other real property or

17 facilities that the charter school desires to use or convert

18 for use as a charter school site, (ii) the operation and

19 maintenance thereof, and (iii) the provision of any service,

20 activity, or undertaking that the charter school is required

21 to perform in order to carry out the terms of its charter.

22 However, a charter school that is established on or after

23 April 16, 2003 (the effective date of Public Act 93-3) and that

24 operates in a city having a population exceeding 500,000 may

25 not contract with a for-profit entity to manage or operate the

26 school during the period that commences on April 16, 2003 (the

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1 effective date of Public Act 93-3) and concludes at the end of

2 the 2004-2005 school year. Except as provided in subsection

3 (i) of this Section, a school district may charge a charter

4 school reasonable rent for the use of the district's

5 buildings, grounds, and facilities. Any services for which a

6 charter school contracts with a school district shall be

7 provided by the district at cost. Any services for which a

8 charter school contracts with a local school board or with the

9 governing body of a State college or university or public

10 community college shall be provided by the public entity at

11 cost.

12 (i) In no event shall a charter school that is established

13 by converting an existing school or attendance center to

14 charter school status be required to pay rent for space that is

15 deemed available, as negotiated and provided in the charter

16 agreement, in school district facilities. However, all other

17 costs for the operation and maintenance of school district

18 facilities that are used by the charter school shall be

19 subject to negotiation between the charter school and the

20 local school board and shall be set forth in the charter.

21 (j) A charter school may limit student enrollment by age

22 or grade level.

23 (k) If the charter school is approved by the State Board or

24 Commission, then the charter school is its own local education

25 agency.

26 (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;

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1 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.

2 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,

3 eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;

4 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)

5 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)

6 Sec. 34-2.1. Local School Councils - Composition -

7 Voter-Eligibility - Elections - Terms.

8 (a) Notwithstanding any other provision of law, a ~~A~~ local

9 school council shall be established for each attendance center

10 within the school district, except for private schools, but

11 including public small schools, contract schools, and military

12 schools within the district. Each local school council shall

13 consist of the following 12 voting members: the principal of

14 the attendance center, 2 teachers employed and assigned to

15 perform the majority of their employment duties at the

16 attendance center, 6 parents of students currently enrolled at

17 the attendance center, one employee of the school district

18 employed and assigned to perform the majority of his or her

19 employment duties at the attendance center who is not a

20 teacher, and 2 community residents. Neither the parents nor

21 the community residents who serve as members of the local

22 school council shall be employees of the Board of Education.

23 In each secondary attendance center, the local school council

24 shall consist of 13 voting members -- the 12 voting members

25 described above and one full-time student member, appointed as

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1 provided in subsection (m) below.In each attendance center

2 enrolling students in 7th or 8th grade, one full-time student

3 member shall be appointed as provided in subsection (m) of

4 this Section.In the event that the chief executive officer of

5 the Chicago School Reform Board of Trustees determines that a

6 local school council is not carrying out its financial duties

7 effectively, the chief executive officer is authorized to

8 appoint a representative of the business community with

9 experience in finance and management to serve as an advisor to

10 the local school council for the purpose of providing advice

11 and assistance to the local school council on fiscal matters.

12 The advisor shall have access to relevant financial records of

13 the local school council. The advisor may attend executive

14 sessions. The chief executive officer shall issue a written

15 policy defining the circumstances under which a local school

16 council is not carrying out its financial duties effectively.

17 (b) Within 7 days of January 11, 1991, the Mayor shall

18 appoint the members and officers (a Chairperson who shall be a

19 parent member and a Secretary) of each local school council

20 who shall hold their offices until their successors shall be

21 elected and qualified. Members so appointed shall have all the

22 powers and duties of local school councils as set forth in this

23 amendatory Act of 1991. The Mayor's appointments shall not

24 require approval by the City Council.

25 The membership of each local school council shall be

26 encouraged to be reflective of the racial and ethnic

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1 composition of the student population of the attendance center

2 served by the local school council.

3 (c) Beginning with the 1995-1996 school year and in every

4 even-numbered year thereafter, the Board shall set second

5 semester Parent Report Card Pick-up Day for Local School

6 Council elections and may schedule elections at year-round

7 schools for the same dates as the remainder of the school

8 system. Elections shall be conducted as provided herein by the

9 Board of Education in consultation with the local school

10 council at each attendance center.

11 (c-5) Notwithstanding subsection (c), for the local school

12 council election set for the 2019-2020 school year, the Board

13 may hold the election on the first semester Parent Report Card

14 Pick-up Day of the 2020-2021 school year, making any necessary

15 modifications to the election process or date to comply with

16 guidance from the Department of Public Health and the federal

17 Centers for Disease Control and Prevention. The terms of

18 office of all local school council members eligible to serve

19 and seated on or after March 23, 2020 through January 10, 2021

20 are extended through January 10, 2021, provided that the

21 members continue to meet eligibility requirements for local

22 school council membership.

23 (d) Beginning with the 1995-96 school year, the following

24 procedures shall apply to the election of local school council

25 members at each attendance center:

26 (i) The elected members of each local school council

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1 shall consist of the 6 parent members and the 2 community

2 resident members.

3 (ii) Each elected member shall be elected by the

4 eligible voters of that attendance center to serve for a

5 two-year term commencing on July 1 immediately following

6 the election described in subsection (c), except that the

7 terms of members elected to a local school council under

8 subsection (c-5) shall commence on January 11, 2021 and

9 end on July 1, 2022. Eligible voters for each attendance

10 center shall consist of the parents and community

11 residents for that attendance center.

12 (iii) Each eligible voter shall be entitled to cast

13 one vote for up to a total of 5 candidates, irrespective of

14 whether such candidates are parent or community resident

15 candidates.

16 (iv) Each parent voter shall be entitled to vote in

17 the local school council election at each attendance

18 center in which he or she has a child currently enrolled.

19 Each community resident voter shall be entitled to vote in

20 the local school council election at each attendance

21 center for which he or she resides in the applicable

22 attendance area or voting district, as the case may be.

23 (v) Each eligible voter shall be entitled to vote

24 once, but not more than once, in the local school council

25 election at each attendance center at which the voter is

26 eligible to vote.

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1 (vi) The 2 teacher members and the non-teacher

2 employee member of each local school council shall be

3 appointed as provided in subsection (l) below each to

4 serve for a two-year term coinciding with that of the

5 elected parent and community resident members. From March

6 23, 2020 through January 10, 2021, the chief executive

7 officer or his or her designee may make accommodations to

8 fill the vacancy of a teacher or non-teacher employee

9 member of a local school council.

10 (vii) At secondary attendance centers and attendance

11 centers enrolling students in 7th or 8th grade, the voting

12 student 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

20 election by posting notices at the attendance center, in

21 public places within the attendance boundaries of the

22 attendance center and by distributing notices to the pupils at

23 the attendance center, and shall utilize such other means as

24 it deems necessary to maximize the involvement of all eligible

25 voters.

26 (f) Nomination. The Council shall publicize the opening of

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1 nominations by posting notices at the attendance center, in

2 public places within the attendance boundaries of the

3 attendance center and by distributing notices to the pupils at

4 the attendance center, and shall utilize such other means as

5 it deems necessary to maximize the involvement of all eligible

6 voters. Not less than 2 weeks before the election date,

7 persons eligible to run for the Council shall submit their

8 name, date of birth, social security number, if available, and

9 some evidence of eligibility to the Council. The Council shall

10 encourage nomination of candidates reflecting the

11 racial/ethnic population of the students at the attendance

12 center. Each person nominated who runs as a candidate shall

13 disclose, in a manner determined by the Board, any economic

14 interest held by such person, by such person's spouse or

15 children, or by each business entity in which such person has

16 an ownership interest, in any contract with the Board, any

17 local school council or any public school in the school

18 district. Each person nominated who runs as a candidate shall

19 also disclose, in a manner determined by the Board, if he or

20 she ever has been convicted of any of the offenses specified in

21 subsection (c) of Section 34-18.5; provided that neither this

22 provision nor any other provision of this Section shall be

23 deemed to require the disclosure of any information that is

24 contained in any law enforcement record or juvenile court

25 record that is confidential or whose accessibility or

26 disclosure is restricted or prohibited under Section 5-901 or

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1 5-905 of the Juvenile Court Act of 1987. Failure to make such

2 disclosure shall render a person ineligible for election or to

3 serve on the local school council. The same disclosure shall

4 be required of persons under consideration for appointment to

5 the Council pursuant to subsections (l) and (m) of this

6 Section.

7 (f-5) Notwithstanding disclosure, a person who has been

8 convicted of any of the following offenses at any time shall be

9 ineligible for election or appointment to a local school

10 council and ineligible for appointment to a local school

11 council pursuant to subsections (l) and (m) of this Section:

12 (i) those defined in Section 11-1.20, 11-1.30, 11-1.40,

13 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,

14 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,

15 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of

16 Section 11-14.3, of the Criminal Code of 1961 or the Criminal

17 Code of 2012, or (ii) any offense committed or attempted in any

18 other state or against the laws of the United States, which, if

19 committed or attempted in this State, would have been

20 punishable as one or more of the foregoing offenses.

21 Notwithstanding disclosure, a person who has been convicted of

22 any of the following offenses within the 10 years previous to

23 the date of nomination or appointment shall be ineligible for

24 election or appointment to a local school council: (i) those

25 defined in Section 401.1, 405.1, or 405.2 of the Illinois

26 Controlled Substances Act or (ii) any offense committed or

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1 attempted in any other state or against the laws of the United

2 States, which, if committed or attempted in this State, would

3 have been punishable as one or more of the foregoing offenses.

4 Immediately upon election or appointment, incoming local

5 school council members shall be required to undergo a criminal

6 background investigation, to be completed prior to the member

7 taking office, in order to identify any criminal convictions

8 under the offenses enumerated in Section 34-18.5. The

9 investigation shall be conducted by the Department of State

10 Police in the same manner as provided for in Section 34-18.5.

11 However, notwithstanding Section 34-18.5, the social security

12 number shall be provided only if available. If it is

13 determined at any time that a local school council member or

14 member-elect has been convicted of any of the offenses

15 enumerated in this Section or failed to disclose a conviction

16 of any of the offenses enumerated in Section 34-18.5, the

17 general superintendent shall notify the local school council

18 member or member-elect of such determination and the local

19 school council member or member-elect shall be removed from

20 the local school council by the Board, subject to a hearing,

21 convened pursuant to Board rule, prior to removal.

22 (g) At least one week before the election date, the

23 Council shall publicize, in the manner provided in subsection

24 (e), the names of persons nominated for election.

25 (h) Voting shall be in person by secret ballot at the

26 attendance center between the hours of 6:00 a.m. and 7:00 p.m.

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1 (i) Candidates receiving the highest number of votes shall

2 be declared elected by the Council. In cases of a tie, the

3 Council shall determine the winner by lot.

4 (j) The Council shall certify the results of the election

5 and shall publish the results in the minutes of the Council.

6 (k) The general superintendent shall resolve any disputes

7 concerning election procedure or results and shall ensure

8 that, except as provided in subsections (e) and (g), no

9 resources of any attendance center shall be used to endorse or

10 promote any candidate.

11 (l) Beginning with the 1995-1996 school year and in every

12 even numbered year thereafter, the Board shall appoint 2

13 teacher members to each local school council. These

14 appointments shall be made in the following manner:

15 (i) The Board shall appoint 2 teachers who are

16 employed and assigned to perform the majority of their

17 employment duties at the attendance center to serve on the

18 local school council of the attendance center for a

19 two-year term coinciding with the terms of the elected

20 parent and community members of that local school council.

21 These appointments shall be made from among those teachers

22 who are nominated in accordance with subsection (f).

23 (ii) A non-binding, advisory poll to ascertain the

24 preferences of the school staff regarding appointments of

25 teachers to the local school council for that attendance

26 center shall be conducted in accordance with the

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1 procedures used to elect parent and community Council

2 representatives. At such poll, each member of the school

3 staff shall be entitled to indicate his or her preference

4 for up to 2 candidates from among those who submitted

5 statements of candidacy as described above. These

6 preferences shall be advisory only and the Board shall

7 maintain absolute discretion to appoint teacher members to

8 local school councils, irrespective of the preferences

9 expressed in any such poll.

10 (iii) In the event that a teacher representative is

11 unable to perform his or her employment duties at the

12 school due to illness, disability, leave of absence,

13 disciplinary action, or any other reason, the Board shall

14 declare a temporary vacancy and appoint a replacement

15 teacher representative to serve on the local school

16 council until such time as the teacher member originally

17 appointed pursuant to this subsection (l) resumes service

18 at the attendance center or for the remainder of the term.

19 The replacement teacher representative shall be appointed

20 in the same manner and by the same procedures as teacher

21 representatives are appointed in subdivisions (i) and (ii)

22 of this subsection (l).

23 (m) In ~~Beginning with the 1995-1996 school year, and in~~

24 everyschool year ~~thereafter~~, the Board shall appoint one

25 student member to each secondary attendance centerand

26 attendance center enrolling students in 7th or 8th grade,

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1 although no attendance center shall have more than one student

2 member. These appointments shall be made in the following

3 manner:

4 (i) Appointments shall be made from among those

5 students who submit statements of candidacy to the

6 principal of the attendance center, such statements to be

7 submitted commencing on the first day of the twentieth

8 week of school and continuing for 2 weeks thereafter. The

9 form and manner of such candidacy statements shall be

10 determined by the Board.

11 (ii) During the twenty-second week of school in every

12 year, the principal of each attendance center shall

13 conduct a non-binding, advisory poll to ascertain the

14 preferences of the school students regarding the

15 appointment of a student to the local school council for

16 that attendance center. At such poll, each student shall

17 be entitled to indicate his or her preference for up to one

18 candidate from among those who submitted statements of

19 candidacy as described above. The Board shall promulgate

20 rules to ensure that these non-binding, advisory polls are

21 conducted in a fair and equitable manner and maximize the

22 involvement of all school students. The preferences

23 expressed in these non-binding, advisory polls shall be

24 transmitted by the principal to the Board. However, these

25 preferences shall be advisory only and the Board shall

26 maintain absolute discretion to appoint student members to

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1 local school councils, irrespective of the preferences

2 expressed in any such poll.

3 (iii) For the 1995-96 school year only, appointments

4 shall be made from among those students who submitted

5 statements of candidacy to the principal of the attendance

6 center during the first 2 weeks of the school year. The

7 principal shall communicate the results of any nonbinding,

8 advisory poll to the Board. These results shall be

9 advisory only, and the Board shall maintain absolute

10 discretion to appoint student members to local school

11 councils, irrespective of the preferences expressed in any

12 such poll.

13 (n) The Board may promulgate such other rules and

14 regulations for election procedures as may be deemed necessary

15 to ensure fair elections.

16 (o) In the event that a vacancy occurs during a member's

17 term, the Council shall appoint a person eligible to serve on

18 the Council, to fill the unexpired term created by the

19 vacancy, except that any teacher vacancy shall be filled by

20 the Board after considering the preferences of the school

21 staff as ascertained through a non-binding advisory poll of

22 school staff.

23 (p) If less than the specified number of persons is

24 elected within each candidate category, the newly elected

25 local school council shall appoint eligible persons to serve

26 as members of the Council for two-year terms.

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1 (q) The Board shall promulgate rules regarding conflicts

2 of interest and disclosure of economic interests which shall

3 apply to local school council members and which shall require

4 reports or statements to be filed by Council members at

5 regular intervals with the Secretary of the Board. Failure to

6 comply with such rules or intentionally falsifying such

7 reports shall be grounds for disqualification from local

8 school council membership. A vacancy on the Council for

9 disqualification may be so declared by the Secretary of the

10 Board. Rules regarding conflicts of interest and disclosure of

11 economic interests promulgated by the Board shall apply to

12 local school council members. No less than 45 days prior to the

13 deadline, the general superintendent shall provide notice, by

14 mail, to each local school council member of all requirements

15 and forms for compliance with economic interest statements.

16 (r) (1) If a parent member of a local school council ceases

17 to have any child enrolled in the attendance center governed

18 by the Local School Council due to the graduation or voluntary

19 transfer of a child or children from the attendance center,

20 the parent's membership on the Local School Council and all

21 voting rights are terminated immediately as of the date of the

22 child's graduation or voluntary transfer. If the child of a

23 parent member of a local school council dies during the

24 member's term in office, the member may continue to serve on

25 the local school council for the balance of his or her term.

26 Further, a local school council member may be removed from the

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1 Council by a majority vote of the Council as provided in

2 subsection (c) of Section 34-2.2 if the Council member has

3 missed 3 consecutive regular meetings, not including committee

4 meetings, or 5 regular meetings in a 12 month period, not

5 including committee meetings. If a parent member of a local

6 school council ceases to be eligible to serve on the Council

7 for any other reason, he or she shall be removed by the Board

8 subject to a hearing, convened pursuant to Board rule, prior

9 to removal. A vote to remove a Council member by the local

10 school council shall only be valid if the Council member has

11 been notified personally or by certified mail, mailed to the

12 person's last known address, of the Council's intent to vote

13 on the Council member's removal at least 7 days prior to the

14 vote. The Council member in question shall have the right to

15 explain his or her actions and shall be eligible to vote on the

16 question of his or her removal from the Council. The

17 provisions of this subsection shall be contained within the

18 petitions used to nominate Council candidates.

19 (2) A person may continue to serve as a community resident

20 member of a local school council as long as he or she resides

21 in the attendance area served by the school and is not employed

22 by the Board nor is a parent of a student enrolled at the

23 school. If a community resident member ceases to be eligible

24 to serve on the Council, he or she shall be removed by the

25 Board subject to a hearing, convened pursuant to Board rule,

26 prior to removal.

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1 (3) A person may continue to serve as a teacher member of a

2 local school council as long as he or she is employed and

3 assigned to perform a majority of his or her duties at the

4 school, provided that if the teacher representative resigns

5 from employment with the Board or voluntarily transfers to

6 another school, the teacher's membership on the local school

7 council and all voting rights are terminated immediately as of

8 the date of the teacher's resignation or upon the date of the

9 teacher's voluntary transfer to another school. If a teacher

10 member of a local school council ceases to be eligible to serve

11 on a local school council for any other reason, that member

12 shall be removed by the Board subject to a hearing, convened

13 pursuant to Board rule, prior to removal.

14 (s) As used in this Section only, "community resident"

15 means a person, 17 years of age or older, residing within an

16 attendance area served by a school, excluding any person who

17 is a parent of a student enrolled in that school; provided that

18 with respect to any multi-area school, community resident

19 means any person, 17 years of age or older, residing within the

20 voting district established for that school pursuant to

21 Section 34-2.1c, excluding any person who is a parent of a

22 student enrolled in that school. This definition does not

23 apply to any provisions concerning school boards.

24 (Source: P.A. 101-643, eff. 6-18-20.)

25 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)

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1 Sec. 34-2.2. Local school councils - Manner of operation.

2 (a) The annual organizational meeting of each local school

3 council shall be held at the attendance center or via

4 videoconference or teleconference if guidance from the

5 Department of Public Health or Centers for Disease Control and

6 Prevention limits the size of in-person meetings at the time

7 of the meeting. At the annual organization meeting, which

8 shall be held no sooner than July 1 and no later than July 14,

9 a parent member of the local school council shall be selected

10 by the members of such council as its chairperson, and a

11 secretary shall be selected by the members of such council

12 from among their number, each to serve a term of one year.

13 However, an organizational meeting held by members elected to

14 a local school council under subsection (c-5) of Section

15 34-2.1 may be held no sooner than January 11, 2021 and no later

16 than January 31, 2021. Whenever a vacancy in the office of

17 chairperson or secretary of a local school council shall

18 occur, a new chairperson (who shall be a parent member) or

19 secretary, as the case may be, shall be elected by the members

20 of the local school council from among their number to serve as

21 such chairperson or secretary for the unexpired term of office

22 in which the vacancy occurs. At each annual organizational

23 meeting, the time and place of any regular meetings of the

24 local school council shall be fixed. Special meetings of the

25 local school council may be called by the chairperson or by any

26 4 members by giving notice thereof in writing, specifying the

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1 time, place and purpose of the meeting. Public notice of

2 meetings shall also be given in accordance with the Open

3 Meetings Act.

4 (b) Members and officers of the local school council shall

5 serve without compensation and without reimbursement of any

6 expenses incurred in the performance of their duties, except

7 that the board of education may by rule establish a procedure

8 and thereunder provide for reimbursement of members and

9 officers of local school councils for such of their reasonable

10 and necessary expenses (excluding any lodging or meal

11 expenses) incurred in the performance of their duties as the

12 board may deem appropriate.

13 (c) A majority of the full membership of the local school

14 council shall constitute a quorum, and whenever a vote is

15 taken on any measure before the local school council, a quorum

16 being present, the affirmative vote of a majority of the votes

17 of the full membership then serving of the local school

18 council shall determine the outcome thereof; provided that

19 whenever the measure before the local school council is (i)

20 the evaluation of the principal, or (ii) the renewal of his or

21 her performance contract or the inclusion of any provision or

22 modification of the contract, or (iii) the direct selection by

23 the local school council of a new principal (including a new

24 principal to fill a vacancy) to serve under a 4 year

25 performance contract, or (iv) the determination of the names

26 of candidates to be submitted to the general superintendent

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1 for the position of principal, the principal and student

2 member of a high school council shall not be counted for

3 purposes of determining whether a quorum is present to act on

4 the measure and shall have no vote thereon; and provided

5 further that 7 affirmative votes of the local school council

6 shall be required for the direct selection by the local school

7 council of a new principal to serve under a 4 year performance

8 contract but not for the renewal of a principal's performance

9 contract. A supermajority of 8 votes is required to veto any

10 action proposed or approved pursuant to subsection (d) of

11 Section 34-8.3 of this Code or any action proposed or approved

12 under Section 34-8.4 of this Code.

13 (d) Student members ~~of high school councils~~ shall not be

14 eligible to vote on personnel matters, including but not

15 limited to principal evaluations and contracts and the

16 allocation of teaching and staff resources.

17 (e) The local school council of an attendance center which

18 provides bilingual education shall be encouraged to provide

19 translators at each council meeting to maximize participation

20 of parents and the community.

21 (f) Each local school council of an attendance center

22 which provides bilingual education shall create a Bilingual

23 Advisory Committee or recognize an existing Bilingual Advisory

24 Committee as a standing committee. The Chair and a majority of

25 the members of the advisory committee shall be parents of

26 students in the bilingual education program. The parents on

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1 the advisory committee shall be selected by parents of

2 students in the bilingual education program, and the committee

3 shall select a Chair. The advisory committee for each

4 secondary attendance center shall include at least one

5 full-time bilingual education student. The Bilingual Advisory

6 Committee shall serve only in an advisory capacity to the

7 local school council.

8 (g) Local school councils may utilize the services of an

9 arbitration board to resolve intra-council disputes.

10 (Source: P.A. 101-643, eff. 6-18-20.)

11 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)

12 Sec. 34-2.3. Local school councils - Powers and duties.

13 Each local school council shall have and exercise, consistent

14 with the provisions of this Article and the powers and duties

15 of the board of education, the following powers and duties:

16 1. (A) To annually evaluate the performance of the

17 principal of the attendance center using a Board approved

18 principal evaluation form, which shall include the evaluation

19 of (i) student academic improvement, as defined by the school

20 improvement plan, (ii) student absenteeism rates at the

21 school, (iii) instructional leadership, (iv) the effective

22 implementation of programs, policies, or strategies to improve

23 student academic achievement, (v) school management, and (vi)

24 any other factors deemed relevant by the local school council,

25 including, without limitation, the principal's communication

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1 skills and ability to create and maintain a student-centered

2 learning environment, to develop opportunities for

3 professional development, and to encourage parental

4 involvement and community partnerships to achieve school

5 improvement;

6 (B) to determine in the manner provided by subsection (c)

7 of Section 34-2.2 and subdivision 1.5 of this Section whether

8 the performance contract of the principal shall be renewed;

9 and

10 (C) to directly select, in the manner provided by

11 subsection (c) of Section 34-2.2, a new principal (including a

12 new principal to fill a vacancy) -- without submitting any

13 list of candidates for that position to the general

14 superintendent as provided in paragraph 2 of this Section --

15 to serve under a 4 year performance contract; provided that

16 (i) the determination of whether the principal's performance

17 contract is to be renewed, based upon the evaluation required

18 by subdivision 1.5 of this Section, shall be made no later than

19 150 days prior to the expiration of the current

20 performance-based contract of the principal, (ii) in cases

21 where such performance contract is not renewed -- a direct

22 selection of a new principal -- to serve under a 4 year

23 performance contract shall be made by the local school council

24 no later than 45 days prior to the expiration of the current

25 performance contract of the principal, and (iii) a selection

26 by the local school council of a new principal to fill a

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1 vacancy under a 4 year performance contract shall be made

2 within 90 days after the date such vacancy occurs. A Council

3 shall be required, if requested by the principal, to provide

4 in writing the reasons for the council's not renewing the

5 principal's contract.

6 1.5. The local school council's determination of whether

7 to renew the principal's contract shall be based on an

8 evaluation to assess the educational and administrative

9 progress made at the school during the principal's current

10 performance-based contract. The local school council shall

11 base its evaluation on (i) student academic improvement, as

12 defined by the school improvement plan, (ii) student

13 absenteeism rates at the school, (iii) instructional

14 leadership, (iv) the effective implementation of programs,

15 policies, or strategies to improve student academic

16 achievement, (v) school management, and (vi) any other factors

17 deemed relevant by the local school council, including,

18 without limitation, the principal's communication skills and

19 ability to create and maintain a student-centered learning

20 environment, to develop opportunities for professional

21 development, and to encourage parental involvement and

22 community partnerships to achieve school improvement. If a

23 local school council fails to renew the performance contract

24 of a principal rated by the general superintendent, or his or

25 her designee, in the previous years' evaluations as meeting or

26 exceeding expectations, the principal, within 15 days after

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1 the local school council's decision not to renew the contract,

2 may request a review of the local school council's principal

3 non-retention decision by a hearing officer appointed by the

4 American Arbitration Association. A local school council

5 member or members or the general superintendent may support

6 the principal's request for review. During the period of the

7 hearing officer's review of the local school council's

8 decision on whether or not to retain the principal, the local

9 school council shall maintain all authority to search for and

10 contract with a person to serve as interim or acting

11 principal, or as the principal of the attendance center under

12 a 4-year performance contract, provided that any performance

13 contract entered into by the local school council shall be

14 voidable or modified in accordance with the decision of the

15 hearing officer. The principal may request review only once

16 while at that attendance center. If a local school council

17 renews the contract of a principal who failed to obtain a

18 rating of "meets" or "exceeds expectations" in the general

19 superintendent's evaluation for the previous year, the general

20 superintendent, within 15 days after the local school

21 council's decision to renew the contract, may request a review

22 of the local school council's principal retention decision by

23 a hearing officer appointed by the American Arbitration

24 Association. The general superintendent may request a review

25 only once for that principal at that attendance center. All

26 requests to review the retention or non-retention of a

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1 principal shall be submitted to the general superintendent,

2 who shall, in turn, forward such requests, within 14 days of

3 receipt, to the American Arbitration Association. The general

4 superintendent shall send a contemporaneous copy of the

5 request that was forwarded to the American Arbitration

6 Association to the principal and to each local school council

7 member and shall inform the local school council of its rights

8 and responsibilities under the arbitration process, including

9 the local school council's right to representation and the

10 manner and process by which the Board shall pay the costs of

11 the council's representation. If the local school council

12 retains the principal and the general superintendent requests

13 a review of the retention decision, the local school council

14 and the general superintendent shall be considered parties to

15 the arbitration, a hearing officer shall be chosen between

16 those 2 parties pursuant to procedures promulgated by the

17 State Board of Education, and the principal may retain counsel

18 and participate in the arbitration. If the local school

19 council does not retain the principal and the principal

20 requests a review of the retention decision, the local school

21 council and the principal shall be considered parties to the

22 arbitration and a hearing officer shall be chosen between

23 those 2 parties pursuant to procedures promulgated by the

24 State Board of Education. The hearing shall begin (i) within

25 45 days after the initial request for review is submitted by

26 the principal to the general superintendent or (ii) if the

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1 initial request for review is made by the general

2 superintendent, within 45 days after that request is mailed to

3 the American Arbitration Association. The hearing officer

4 shall render a decision within 45 days after the hearing

5 begins and within 90 days after the initial request for

6 review. The Board shall contract with the American Arbitration

7 Association for all of the hearing officer's reasonable and

8 necessary costs. In addition, the Board shall pay any

9 reasonable costs incurred by a local school council for

10 representation before a hearing officer.

11 1.10. The hearing officer shall conduct a hearing, which

12 shall include (i) a review of the principal's performance,

13 evaluations, and other evidence of the principal's service at

14 the school, (ii) reasons provided by the local school council

15 for its decision, and (iii) documentation evidencing views of

16 interested persons, including, without limitation, students,

17 parents, local school council members, school faculty and

18 staff, the principal, the general superintendent or his or her

19 designee, and members of the community. The burden of proof in

20 establishing that the local school council's decision was

21 arbitrary and capricious shall be on the party requesting the

22 arbitration, and this party shall sustain the burden by a

23 preponderance of the evidence. The hearing officer shall set

24 the local school council decision aside if that decision, in

25 light of the record developed at the hearing, is arbitrary and

26 capricious. The decision of the hearing officer may not be

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1 appealed to the Board or the State Board of Education. If the

2 hearing officer decides that the principal shall be retained,

3 the retention period shall not exceed 2 years.

4 2. In the event (i) the local school council does not renew

5 the performance contract of the principal, or the principal

6 fails to receive a satisfactory rating as provided in

7 subsection (h) of Section 34-8.3, or the principal is removed

8 for cause during the term of his or her performance contract in

9 the manner provided by Section 34-85, or a vacancy in the

10 position of principal otherwise occurs prior to the expiration

11 of the term of a principal's performance contract, and (ii)

12 the local school council fails to directly select a new

13 principal to serve under a 4 year performance contract, the

14 local school council in such event shall submit to the general

15 superintendent a list of 3 candidates -- listed in the local

16 school council's order of preference -- for the position of

17 principal, one of which shall be selected by the general

18 superintendent to serve as principal of the attendance center.

19 If the general superintendent fails or refuses to select one

20 of the candidates on the list to serve as principal within 30

21 days after being furnished with the candidate list, the

22 general superintendent shall select and place a principal on

23 an interim basis (i) for a period not to exceed one year or

24 (ii) until the local school council selects a new principal

25 with 7 affirmative votes as provided in subsection (c) of

26 Section 34-2.2, whichever occurs first. If the local school

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1 council fails or refuses to select and appoint a new

2 principal, as specified by subsection (c) of Section 34-2.2,

3 the general superintendent may select and appoint a new

4 principal on an interim basis for an additional year or until a

5 new contract principal is selected by the local school

6 council. There shall be no discrimination on the basis of

7 race, sex, creed, color or disability unrelated to ability to

8 perform in connection with the submission of candidates for,

9 and the selection of a candidate to serve as principal of an

10 attendance center. No person shall be directly selected,

11 listed as a candidate for, or selected to serve as principal of

12 an attendance center (i) if such person has been removed for

13 cause from employment by the Board or (ii) if such person does

14 not hold a valid administrative certificate issued or

15 exchanged under Article 21 and endorsed as required by that

16 Article for the position of principal. A principal whose

17 performance contract is not renewed as provided under

18 subsection (c) of Section 34-2.2 may nevertheless, if

19 otherwise qualified and certified as herein provided and if he

20 or she has received a satisfactory rating as provided in

21 subsection (h) of Section 34-8.3, be included by a local

22 school council as one of the 3 candidates listed in order of

23 preference on any candidate list from which one person is to be

24 selected to serve as principal of the attendance center under

25 a new performance contract. The initial candidate list

26 required to be submitted by a local school council to the

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1 general superintendent in cases where the local school council

2 does not renew the performance contract of its principal and

3 does not directly select a new principal to serve under a 4

4 year performance contract shall be submitted not later than 30

5 days prior to the expiration of the current performance

6 contract. In cases where the local school council fails or

7 refuses to submit the candidate list to the general

8 superintendent no later than 30 days prior to the expiration

9 of the incumbent principal's contract, the general

10 superintendent may appoint a principal on an interim basis for

11 a period not to exceed one year, during which time the local

12 school council shall be able to select a new principal with 7

13 affirmative votes as provided in subsection (c) of Section

14 34-2.2. In cases where a principal is removed for cause or a

15 vacancy otherwise occurs in the position of principal and the

16 vacancy is not filled by direct selection by the local school

17 council, the candidate list shall be submitted by the local

18 school council to the general superintendent within 90 days

19 after the date such removal or vacancy occurs. In cases where

20 the local school council fails or refuses to submit the

21 candidate list to the general superintendent within 90 days

22 after the date of the vacancy, the general superintendent may

23 appoint a principal on an interim basis for a period of one

24 year, during which time the local school council shall be able

25 to select a new principal with 7 affirmative votes as provided

26 in subsection (c) of Section 34-2.2.

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1 2.5. Whenever a vacancy in the office of a principal

2 occurs for any reason, the vacancy shall be filled in the

3 manner provided by this Section by the selection of a new

4 principal to serve under a 4 year performance contract.

5 3. To establish additional criteria to be included as part

6 of the performance contract of its principal, provided that

7 such additional criteria shall not discriminate on the basis

8 of race, sex, creed, color or disability unrelated to ability

9 to perform, and shall not be inconsistent with the uniform 4

10 year performance contract for principals developed by the

11 board as provided in Section 34-8.1 of the School Code or with

12 other provisions of this Article governing the authority and

13 responsibility of principals.

14 4. To approve the expenditure plan prepared by the

15 principal with respect to all funds allocated and distributed

16 to the attendance center by the Board. The expenditure plan

17 shall be administered by the principal. Notwithstanding any

18 other provision of this Act or any other law, any expenditure

19 plan approved and administered under this Section 34-2.3 shall

20 be consistent with and subject to the terms of any contract for

21 services with a third party entered into by the Chicago School

22 Reform Board of Trustees or the board under this Act.

23 Via a supermajority vote of 7 members of the local school

24 council or 8 members of a high school local school council, the

25 Council may transfer allocations pursuant to Section 34-2.3

26 within funds; provided that such a transfer is consistent with

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1 applicable law and collective bargaining agreements.

2 Beginning in fiscal year 1991 and in each fiscal year

3 thereafter, the Board may reserve up to 1% of its total fiscal

4 year budget for distribution on a prioritized basis to schools

5 throughout the school system in order to assure adequate

6 programs to meet the needs of special student populations as

7 determined by the Board. This distribution shall take into

8 account the needs catalogued in the Systemwide Plan and the

9 various local school improvement plans of the local school

10 councils. Information about these centrally funded programs

11 shall be distributed to the local school councils so that

12 their subsequent planning and programming will account for

13 these provisions.

14 Beginning in fiscal year 1991 and in each fiscal year

15 thereafter, from other amounts available in the applicable

16 fiscal year budget, the board shall allocate a lump sum amount

17 to each local school based upon such formula as the board shall

18 determine taking into account the special needs of the student

19 body. The local school principal shall develop an expenditure

20 plan in consultation with the local school council, the

21 professional personnel leadership committee and with all other

22 school personnel, which reflects the priorities and activities

23 as described in the school's local school improvement plan and

24 is consistent with applicable law and collective bargaining

25 agreements and with board policies and standards; however, the

26 local school council shall have the right to request waivers

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1 of board policy from the board of education and waivers of

2 employee collective bargaining agreements pursuant to Section

3 34-8.1a.

4 The expenditure plan developed by the principal with

5 respect to amounts available from the fund for prioritized

6 special needs programs and the allocated lump sum amount must

7 be approved by the local school council.

8 The lump sum allocation shall take into account the

9 following principles:

10 a. Teachers: Each school shall be allocated funds

11 equal to the amount appropriated in the previous school

12 year for compensation for teachers (regular grades

13 kindergarten through 12th grade) plus whatever increases

14 in compensation have been negotiated contractually or

15 through longevity as provided in the negotiated agreement.

16 Adjustments shall be made due to layoff or reduction in

17 force, lack of funds or work, change in subject

18 requirements, enrollment changes, or contracts with third

19 parties for the performance of services or to rectify any

20 inconsistencies with system-wide allocation formulas or

21 for other legitimate reasons.

22 b. Other personnel: Funds for other teacher

23 certificated and uncertificated personnel paid through

24 non-categorical funds shall be provided according to

25 system-wide formulas based on student enrollment and the

26 special needs of the school as determined by the Board.

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1 c. Non-compensation items: Appropriations for all

2 non-compensation items shall be based on system-wide

3 formulas based on student enrollment and on the special

4 needs of the school or factors related to the physical

5 plant, including but not limited to textbooks, electronic

6 textbooks and the technological equipment necessary to

7 gain access to and use electronic textbooks, supplies,

8 electricity, equipment, and routine maintenance.

9 d. Funds for categorical programs: Schools shall

10 receive personnel and funds based on, and shall use such

11 personnel and funds in accordance with State and Federal

12 requirements applicable to each categorical program

13 provided to meet the special needs of the student body

14 (including but not limited to, Federal Chapter I,

15 Bilingual, and Special Education).

16 d.1. Funds for State Title I: Each school shall

17 receive funds based on State and Board requirements

18 applicable to each State Title I pupil provided to meet

19 the special needs of the student body. Each school shall

20 receive the proportion of funds as provided in Section

21 18-8 or 18-8.15 to which they are entitled. These funds

22 shall be spent only with the budgetary approval of the

23 Local School Council as provided in Section 34-2.3.

24 e. The Local School Council shall have the right to

25 request the principal to close positions and open new ones

26 consistent with the provisions of the local school

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1 improvement plan provided that these decisions are

2 consistent with applicable law and collective bargaining

3 agreements. If a position is closed, pursuant to this

4 paragraph, the local school shall have for its use the

5 system-wide average compensation for the closed position.

6 f. Operating within existing laws and collective

7 bargaining agreements, the local school council shall have

8 the right to direct the principal to shift expenditures

9 within funds.

10 g. (Blank).

11 Any funds unexpended at the end of the fiscal year shall be

12 available to the board of education for use as part of its

13 budget for the following fiscal year.

14 5. To make recommendations to the principal concerning

15 textbook selection and concerning curriculum developed

16 pursuant to the school improvement plan which is consistent

17 with systemwide curriculum objectives in accordance with

18 Sections 34-8 and 34-18 of the School Code and in conformity

19 with the collective bargaining agreement.

20 6. To advise the principal concerning the attendance and

21 disciplinary policies for the attendance center, subject to

22 the provisions of this Article and Article 26, and consistent

23 with the uniform system of discipline established by the board

24 pursuant to Section 34-19.

25 7. To approve a school improvement plan developed as

26 provided in Section 34-2.4. The process and schedule for plan

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1 development shall be publicized to the entire school

2 community, and the community shall be afforded the opportunity

3 to make recommendations concerning the plan. At least twice a

4 year the principal and local school council shall report

5 publicly on progress and problems with respect to plan

6 implementation.

7 8. To evaluate the allocation of teaching resources and

8 other certificated and uncertificated staff to the attendance

9 center to determine whether such allocation is consistent with

10 and in furtherance of instructional objectives and school

11 programs reflective of the school improvement plan adopted for

12 the attendance center; and to make recommendations to the

13 board, the general superintendent and the principal concerning

14 any reallocation of teaching resources or other staff whenever

15 the council determines that any such reallocation is

16 appropriate because the qualifications of any existing staff

17 at the attendance center do not adequately match or support

18 instructional objectives or school programs which reflect the

19 school improvement plan.

20 9. To make recommendations to the principal and the

21 general superintendent concerning their respective

22 appointments, after August 31, 1989, and in the manner

23 provided by Section 34-8 and Section 34-8.1, of persons to

24 fill any vacant, additional or newly created positions for

25 teachers at the attendance center or at attendance centers

26 which include the attendance center served by the local school

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1 council.

2 10. To request of the Board the manner in which training

3 and assistance shall be provided to the local school council.

4 Pursuant to Board guidelines a local school council is

5 authorized to direct the Board of Education to contract with

6 personnel or not-for-profit organizations not associated with

7 the school district to train or assist council members. If

8 training or assistance is provided by contract with personnel

9 or organizations not associated with the school district, the

10 period of training or assistance shall not exceed 30 hours

11 during a given school year; person shall not be employed on a

12 continuous basis longer than said period and shall not have

13 been employed by the Chicago Board of Education within the

14 preceding six months. Council members shall receive training

15 in at least the following areas:

16 1. school budgets;

17 2. educational theory pertinent to the attendance

18 center's particular needs, including the development of

19 the school improvement plan and the principal's

20 performance contract; and

21 3. personnel selection.

22 Council members shall, to the greatest extent possible,

23 complete such training within 90 days of election.

24 11. In accordance with systemwide guidelines contained in

25 the System-Wide Educational Reform Goals and Objectives Plan,

26 criteria for evaluation of performance shall be established

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1 for local school councils and local school council members. If

2 a local school council persists in noncompliance with

3 systemwide requirements, the Board may impose sanctions and

4 take necessary corrective action, consistent with Section

5 34-8.3. Any such action allowed for or taken pursuant to

6 subsection (d) of Section 34-8.3 or Section 34-8.4 of this

7 Code must be vetoed by a supermajority of 8 of the voting

8 members of the local school council.

9 12. Each local school council shall comply with the Open

10 Meetings Act and the Freedom of Information Act. Each local

11 school council shall issue and transmit to its school

12 community a detailed annual report accounting for its

13 activities programmatically and financially. Each local school

14 council shall convene at least 2 well-publicized meetings

15 annually with its entire school community. These meetings

16 shall include presentation of the proposed local school

17 improvement plan, of the proposed school expenditure plan, and

18 the annual report, and shall provide an opportunity for public

19 comment.

20 13. Each local school council is encouraged to involve

21 additional non-voting members of the school community in

22 facilitating the council's exercise of its responsibilities.

23 14. The local school council may adopt a school uniform or

24 dress code policy that governs the attendance center and that

25 is necessary to maintain the orderly process of a school

26 function or prevent endangerment of student health or safety,

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1 consistent with the policies and rules of the Board of

2 Education. A school uniform or dress code policy adopted by a

3 local school council: (i) shall not be applied in such manner

4 as to discipline or deny attendance to a transfer student or

5 any other student for noncompliance with that policy during

6 such period of time as is reasonably necessary to enable the

7 student to acquire a school uniform or otherwise comply with

8 the dress code policy that is in effect at the attendance

9 center into which the student's enrollment is transferred; and

10 (ii) shall include criteria and procedures under which the

11 local school council will accommodate the needs of or

12 otherwise provide appropriate resources to assist a student

13 from an indigent family in complying with an applicable school

14 uniform or dress code policy. A student whose parents or legal

15 guardians object on religious grounds to the student's

16 compliance with an applicable school uniform or dress code

17 policy shall not be required to comply with that policy if the

18 student's parents or legal guardians present to the local

19 school council a signed statement of objection detailing the

20 grounds for the objection.

21 15. All decisions made and actions taken by the local

22 school council in the exercise of its powers and duties shall

23 comply with State and federal laws, all applicable collective

24 bargaining agreements, court orders and rules properly

25 promulgated by the Board.

26 15a. To grant, in accordance with board rules and

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1 policies, the use of assembly halls and classrooms when not

2 otherwise needed, including lighting, heat, and attendants,

3 for public lectures, concerts, and other educational and

4 social activities.

5 15b. To approve, in accordance with board rules and

6 policies, receipts and expenditures for all internal accounts

7 of the attendance center, and to approve all fund-raising

8 activities by nonschool organizations that use the school

9 building.

10 16. (Blank).

11 17. Names and addresses of local school council members

12 shall be a matter of public record.

13 (Source: P.A. 100-465, eff. 8-31-17.)

14 (105 ILCS 5/34-2.3b)

15 Sec. 34-2.3b. Local School Council Training.

16 (a) The LSC Certification Commission, an independent

17 commission, is established to provide fundamental training to

18 members of local school councils and certify each member. The

19 LSC Certification Commission shall be comprised of

20 representatives from the Chicago public school system and

21 representatives from organizations that have provided training

22 to local school council members on and after January 23, 2014.

23 ~~The board shall collaborate with universities and other~~

24 ~~interested entities and individuals to offer training to local~~

25 ~~school council members on topics relevant to school operations~~

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1 ~~and their responsibilities as local school council members,~~

2 ~~including but not limited to legal requirements, role~~

3 ~~differentiation, responsibilities, and authorities, and~~

4 ~~improving student achievement.~~

5 (b)Training of local school council members shall be

6 provided at the direction of the LSC Certification Commission,

7 which shall work with universities and other interested

8 entities to develop and administer a required 3-day training

9 program for local school council members ~~board in consultation~~

10 ~~with the Council of Chicago-area Deans of Education~~. Incoming

11 local school council members shall be required to complete a

12 3-day training program provided under this Section within 6

13 months of taking office. The LSC Certification Commission

14 ~~board~~shall monitor the compliance of incoming local school

15 council members with the 3-day training program requirement

16 established by this Section.

17 (c) At the direction of the LSC Certification Commission,

18 the ~~The~~board shall declare vacant the office of a local school

19 council member who fails to complete the 3-day training

20 program provided under this Section within the 6 month period

21 allowed. Any such vacancy shall be filled as provided in

22 subsection (o) of Section 34-2.1 by appointment of another

23 person qualified to hold the office.~~In addition to requiring~~

24 ~~local school council members to complete the 3-day training~~

25 ~~program under this Section, the board may encourage local~~

26 ~~school council members to complete additional training during~~

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1 ~~their term of office and shall provide recognition for~~

2 ~~individuals completing that additional training. The board is~~

3 ~~authorized to collaborate with universities, non-profits, and~~

4 ~~other interested organizations and individuals to offer~~

5 ~~additional training to local school council members on a~~

6 ~~regular basis during their term in office. The board shall not~~

7 ~~be required to bear the cost of the required 3-day training~~

8 ~~program or any additional training provided to local school~~

9 ~~council members under this Section.~~

10 (d) The LSC Certification Commission ~~board~~ shall also

11 offer training to aid local school councils in developing

12 principal evaluation procedures and criteria. The board shall

13 send out requests for proposals concerning this training and

14 is authorized to contract with universities, non-profits, and

15 other interested organizations and individuals to provide this

16 training. ~~The board is authorized to use funds from private~~

17 ~~organizations, non-profits, or any other outside source as~~

18 ~~well as its own funds for this purpose.~~

19 (e) The LSC Certification Commission may request and, upon

20 such request, the board shall budget and distribute such funds

21 as are equal to the total allocations for the certification of

22 local school council members under this Section in the year

23 immediately prior. Upon a majority vote of the LSC

24 Certification Commission, that request may exceed the prior

25 year's allocations by 2%.

26 (Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.)

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1 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)

2 Sec. 34-2.4b. Limitation upon applicability. The

3 ~~provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, 34-2.4~~

4 ~~and 34-8.3, and those~~ provisions of paragraph 1 of Section

5 34-18 and paragraph (c) of Section 34A-201a relating to the

6 allocation or application -- by formula or otherwise -- of

7 lump sum amounts and other funds to attendance centers, shall

8 not apply to attendance centers that have applied for and been

9 designated as a "Small School" by the Board, the Cook County

10 Juvenile Detention Center and Cook County Jail schools, nor to

11 the district's alternative schools for pregnant girls, nor to

12 alternative schools established under Article 13A, nor to a

13 contract school, nor to the Michael R. Durso School, the

14 Jackson Adult Center, the Hillard Adult Center, the

15 Alternative Transitional School, or any other attendance

16 center designated by the Board as an alternative school,

17 provided that the designation is not applied to an attendance

18 center that has in place a legally constituted local school

19 council, except for contract turnaround schools. ~~The board of~~

20 ~~education shall have and exercise with respect to those~~

21 ~~schools and with respect to the conduct, operation, affairs~~

22 ~~and budgets of those schools, and with respect to the~~

23 ~~principals, teachers and other school staff there employed,~~

24 ~~the same powers which are exercisable by local school councils~~

25 ~~with respect to the other attendance centers, principals,~~

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1 ~~teachers and school staff within the district, together with~~

2 ~~all powers and duties generally exercisable by the board of~~

3 ~~education with respect to all attendance centers within the~~

4 ~~district. The board of education shall develop appropriate~~

5 ~~alternative methods for involving parents, community members~~

6 ~~and school staff to the maximum extent possible in all of the~~

7 ~~activities of those schools, and may delegate to the parents,~~

8 ~~community members and school staff so involved the same powers~~

9 ~~which are exercisable by local school councils with respect to~~

10 ~~other attendance centers.~~

11 (Source: P.A. 96-105, eff. 7-30-09.)

12 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)

13 Sec. 34-8.3. Remediation and probation of attendance

14 centers.

15 (a) The general superintendent shall monitor the

16 performance of the attendance centers within the district and

17 shall identify attendance centers, pursuant to criteria that

18 the board shall establish, in which:

19 (1) there is a failure to develop, implement, or

20 comply with a school improvement plan;

21 (2) there is a pervasive breakdown in the educational

22 program as indicated by factors, including, but not

23 limited to, the absence of improvement in student reading

24 and math achievement scores, an increased drop-out rate, a

25 decreased graduation rate, and a decrease in rate of

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1 student attendance;

2 (3) (blank); or

3 (4) there is a failure or refusal to comply with the

4 provisions of this Act, other applicable laws, collective

5 bargaining agreements, court orders, or with Board rules

6 which the Board is authorized to promulgate.

7 (b) If the general superintendent identifies a

8 nonperforming school as described herein, he or she shall

9 place the attendance center on remediation by developing a

10 remediation plan for the center. The purpose of the

11 remediation plan shall be to correct the deficiencies in the

12 performance of the attendance center by one or more of the

13 following methods:

14 (1) drafting a new school improvement plan;

15 (2) applying to the board for additional funding for

16 training for the local school council;

17 (3) directing implementation of a school improvement

18 plan;

19 (4) mediating disputes or other obstacles to reform or

20 improvement at the attendance center.

21 Nothing in this Section removes any authority of the local

22 school council, which shall retain the right to reject or

23 modify any school improvement plan or implementation thereof.

24 If, however, the general superintendent determines that

25 the problems are not able to be remediated by these methods,

26 the general superintendent shall place the attendance center

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1 on probation. The board shall establish guidelines that

2 determine the factors for placing an attendance center on

3 probation.

4 (c) Each school placed on probation shall have a school

5 improvement plan and school budget for correcting deficiencies

6 identified by the board. The plan shall include specific steps

7 that the local school council and school staff must take to

8 correct identified deficiencies and specific objective

9 criteria by which the school's subsequent progress will be

10 determined. The school budget shall include specific

11 expenditures directly calculated to correct educational and

12 operational deficiencies identified at the school by the

13 probation team.

14 (d) Schools placed on probation that, after a maximum of

15 one year, fail to make adequate progress in correcting

16 deficiencies are subject to the following actions by the

17 general superintendent with the approval of the board, after

18 opportunity for a hearing:

19 (1) Ordering new local school council elections.

20 (2) Removing and replacing the principal.

21 (3) Replacement of faculty members, subject to the

22 provisions of Section 24A-5.

23 (4) Reconstitution of the attendance center and

24 replacement and reassignment by the general superintendent

25 of all employees of the attendance center.

26 (5) Intervention under Section 34-8.4.

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1 (5.5) Operating an attendance center as a contract

2 turnaround school.

3 (6) Closing of the school.

4 Any action proposed or approved under this subsection (d) is

5 subject to veto by a supermajority of 8 of the voting members

6 of the local school council.

7 (e) Schools placed on probation shall remain on probation

8 from year to year until deficiencies are corrected, even if

9 such schools make acceptable annual progress. The board shall

10 establish, in writing, criteria for determining whether or not

11 a school shall remain on probation. Such criteria shall be

12 delivered to each local school council on or before August 1 of

13 each year.If academic achievement tests are used as the

14 factor for placing a school on probation, the general

15 superintendent shall consider objective criteria, not just an

16 increase in test scores, in deciding whether or not a school

17 shall remain on probation. These criteria shall include

18 attendance, test scores, student mobility rates, poverty

19 rates, bilingual education eligibility, special education, and

20 English language proficiency programs, with progress made in

21 these areas being taken into consideration in deciding whether

22 or not a school shall remain on probation.

23 (f) Where the board has reason to believe that violations

24 of civil rights, or of civil or criminal law have occurred, or

25 when the general superintendent deems that the school is in

26 educational crisis it may take immediate corrective action,

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1 including the actions specified in this Section, without first

2 placing the school on remediation or probation. Nothing

3 described herein shall limit the authority of the board as

4 provided by any law of this State. The board shall develop

5 criteria governing the determination regarding when a school

6 is in educational crisis.Such criteria shall be delivered to

7 each local school council on or before August 1 of each year.

8 An action under subsection (d) of this Section shall be

9 subject to veto by a supermajority of 8 of the voting members

10 of the local school council.

11 (g) All persons serving as subdistrict superintendent on

12 May 1, 1995 shall be deemed by operation of law to be serving

13 under a performance contract which expires on June 30, 1995,

14 and the employment of each such person as subdistrict

15 superintendent shall terminate on June 30, 1995. The board

16 shall have no obligation to compensate any such person as a

17 subdistrict superintendent after June 30, 1995.

18 (h) The general superintendent shall, in consultation with

19 local school councils, conduct an annual evaluation of each

20 principal in the district pursuant to guidelines promulgated

21 by the Board of Education.

22 (Source: P.A. 96-105, eff. 7-30-09.)

23 (105 ILCS 5/34-8.4)

24 Sec. 34-8.4. Intervention. The Chicago Schools Academic

25 Accountability Council may recommend to the Chicago School

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1 Reform Board of Trustees that any school placed on remediation

2 or probation under Section 34-8.3 or schools that for the 3

3 consecutive school years of 1992-1993, 1993-1994, and

4 1994-1995 have met the State Board of Education's category of

5 "does not meet expectations" be made subject to intervention

6 under this Section 34-8.4. In addition to any powers created

7 under this Section, the Trustees shall have all powers created

8 under Section 34-8.3 with respect to schools subjected to

9 intervention.

10 Prior to subjecting a school to intervention, the Trustees

11 shall conduct a public hearing and make findings of facts

12 concerning the recommendation of the Chicago Schools Academic

13 Accountability Council and the factors causing the failure of

14 the school to adequately perform. The Trustees shall afford an

15 opportunity at the hearing for interested persons to comment

16 about the intervention recommendation. After the hearing has

17 been held and completion of findings of fact, the Trustees

18 shall make a determination whether to subject the school to

19 intervention.

20 If the Trustees determine that a school shall be subject

21 to intervention under this Section, the Trustees shall develop

22 an intervention implementation plan and shall cause a

23 performance evaluation to be made of each employee at the

24 school. Upon consideration of such evaluations, and consistent

25 with the intervention implementation plan, the Trustees may

26 reassign, layoff, or dismiss any employees at the attendance

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1 center, notwithstanding the provisions of Sections 24A-5 and

2 34-85.

3 The chief educational officer shall appoint a principal

4 for the school and shall set the terms and conditions of the

5 principal's contract, which in no case may be longer than 2

6 years. The principal shall select all teachers and

7 non-certified personnel for the school as may be necessary.

8 Any provision of Section 34-8.1 that conflicts with this

9 Section shall not apply to a school subjected to intervention

10 under this Section.

11 If pursuant to this Section, the general superintendent,

12 with the approval of the board, orders new local school

13 council elections, the general superintendent shall carry out

14 the responsibilities of the local school council for a school

15 subject to intervention until the new local school council

16 members are elected and trained.

17 Any action authorized by this Section must be vetoed by a

18 supermajority vote of 8 of the voting members of the local

19 school council for the attendance center affected by the

20 action.

21 Each school year, 5% of the supplemental general State aid

22 funds distributed to a school subject to intervention during

23 that school year under subsection 5(i)(1)(a) of part A of

24 Section 18-8 or subsection (H) of Section 18-8.05 shall be

25 used for employee performance incentives. The Trustees shall

26 prepare a report evaluating the results of any interventions

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1 undertaken pursuant to this Section and shall make

2 recommendations concerning implementation of special programs

3 for dealing with underperforming schools on an ongoing basis.

4 This report shall be submitted to the State Superintendent of

5 Education and Mayor of the City of Chicago by January 1, 1999.

6 (Source: P.A. 89-15, eff. 5-30-95; 89-698, eff. 1-14-97;

7 90-548, eff. 1-1-98.)

8 Section 99. Effective date. This Act takes effect upon

9 becoming law.