99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2523

Introduced , by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:

See Index

Amends the School Code. Requires the revised School Improvement Plan for a Chicago public school that is initially placed on academic watch status after a fourth annual calculation or that remains on academic watch status after a fifth annual calculation to be approved by the school's local school council even if on probation. Provides that a charter school operating within the City of Chicago shall be administered by a local school council. Provides that a local school council shall be established

for each attendance
center within the Chicago school district. Provides

that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed to the local school council, 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. Provides that the Chicago Board of Education shall provide $2,500 annually to each local school council for the purposes of training and to procure reasonable and necessary office equipment and supplies as each local school council sees fit. Creates the LSC Certification Commission to provide fundamental training to members of local school councils and to certify each member. Makes changes concerning training for local school council members. Provides that the LSC Certification Commission may request and, upon such request, the Board shall budget and distribute such funds as are equal to the total allocations for the certification of local school council members in the immediately prior year. Makes changes concerning certain limitations upon applicability. 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 2-3.25d, 27A-5, 34-2.1, 34-2.2, 34-2.3, 34-2.3b, 34-2.4b,

6 34-8.3, and 34-8.4 as follows:

7 (105 ILCS 5/2-3.25d) (from Ch. 122, par. 2-3.25d)

8 Sec. 2-3.25d. Academic early warning and watch status.

9 (a) Beginning with the 2005-2006 school year, unless the

10 federal government formally disapproves of such policy through

11 the submission and review process for the Illinois

12 Accountability Workbook, those schools that do not meet

13 adequate yearly progress criteria for 2 consecutive annual

14 calculations in the same subject or in their participation

15 rate, attendance rate, or graduation rate shall be placed on

16 academic early warning status for the next school year. Schools

17 on academic early warning status that do not meet adequate

18 yearly progress criteria for a third annual calculation in the

19 same subject or in their participation rate, attendance rate,

20 or graduation rate shall remain on academic early warning

21 status. Schools on academic early warning status that do not

22 meet adequate yearly progress criteria for a fourth annual

23 calculation in the same subject or in their participation rate,

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1 attendance rate, or graduation rate shall be placed on initial

2 academic watch status. Schools on academic watch status that do

3 not meet adequate yearly progress criteria for a fifth or

4 subsequent annual calculation in the same subject or in their

5 participation rate, attendance rate, or graduation rate shall

6 remain on academic watch status. Schools on academic early

7 warning or academic watch status that meet adequate yearly

8 progress criteria for 2 consecutive calculations shall be

9 considered as having met expectations and shall be removed from

10 any status designation.

11 The school district of a school placed on either academic

12 early warning status or academic watch status may appeal the

13 status to the State Board of Education in accordance with

14 Section 2-3.25m of this Code.

15 A school district that has one or more schools on academic

16 early warning or academic watch status shall prepare a revised

17 School Improvement Plan or amendments thereto setting forth the

18 district's expectations for removing each school from academic

19 early warning or academic watch status and for improving

20 student performance in the affected school or schools.

21 Districts operating under Article 34 of this Code may prepare

22 the School Improvement Plan required under Section 34-2.4 of

23 this Code.

24 The revised School Improvement Plan for a school that is

25 initially placed on academic early warning status or that

26 remains on academic early warning status after a third annual

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1 calculation must be approved by the school board (and by the

2 school's local school council in a district operating under

3 Article 34 of this Code, unless the school is on probation

4 pursuant to subsection (c) of Section 34-8.3 of this Code).

5 The revised School Improvement Plan for a school that is

6 initially placed on academic watch status after a fourth annual

7 calculation must be approved by the school board (and by the

8 school's local school council in a district operating under

9 Article 34 of this Code~~, unless the school is on probation~~

10 ~~pursuant to subsection (c) of Section 34-8.3 of this Code~~).

11 The revised School Improvement Plan for a school that

12 remains on academic watch status after a fifth annual

13 calculation must be approved by the school board (and by the

14 school's local school council in a district operating under

15 Article 34 of this Code~~, unless the school is on probation~~

16 ~~pursuant to subsection (c) of Section 34-8.3 of this Code~~). In

17 addition, the district must develop a school restructuring plan

18 for the school that must be approved by the school board (and

19 by the school's local school council in a district operating

20 under Article 34 of this Code).

21 A school on academic watch status that does not meet

22 adequate yearly progress criteria for a sixth annual

23 calculation shall implement its approved school restructuring

24 plan beginning with the next school year, subject to the State

25 interventions specified in Sections 2-3.25f and 2-3.25f-5 of

26 this Code.

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1 (b) Beginning with the 2005-2006 school year, unless the

2 federal government formally disapproves of such policy through

3 the submission and review process for the Illinois

4 Accountability Workbook, those school districts that do not

5 meet adequate yearly progress criteria for 2 consecutive annual

6 calculations in the same subject or in their participation

7 rate, attendance rate, or graduation rate shall be placed on

8 academic early warning status for the next school year.

9 Districts on academic early warning status that do not meet

10 adequate yearly progress criteria for a third annual

11 calculation in the same subject or in their participation rate,

12 attendance rate, or graduation rate shall remain on academic

13 early warning status. Districts on academic early warning

14 status that do not meet adequate yearly progress criteria for a

15 fourth annual calculation in the same subject or in their

16 participation rate, attendance rate, or graduation rate shall

17 be placed on initial academic watch status. Districts on

18 academic watch status that do not meet adequate yearly progress

19 criteria for a fifth or subsequent annual calculation in the

20 same subject or in their participation rate, attendance rate,

21 or graduation rate shall remain on academic watch status.

22 Districts on academic early warning or academic watch status

23 that meet adequate yearly progress criteria for one annual

24 calculation shall be considered as having met expectations and

25 shall be removed from any status designation.

26 A district placed on either academic early warning status

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1 or academic watch status may appeal the status to the State

2 Board of Education in accordance with Section 2-3.25m of this

3 Code.

4 Districts on academic early warning or academic watch

5 status shall prepare a District Improvement Plan or amendments

6 thereto setting forth the district's expectations for removing

7 the district from academic early warning or academic watch

8 status and for improving student performance in the district.

9 All District Improvement Plans must be approved by the

10 school board.

11 (c) All revised School and District Improvement Plans shall

12 be developed in collaboration with parents, staff in the

13 affected school or school district, and outside experts. All

14 revised School and District Improvement Plans shall be

15 developed, submitted, and monitored pursuant to rules adopted

16 by the State Board of Education. The revised Improvement Plan

17 shall address measurable outcomes for improving student

18 performance so that such performance meets adequate yearly

19 progress criteria as specified by the State Board of Education.

20 All school districts required to revise a School Improvement

21 Plan in accordance with this Section shall establish a peer

22 review process for the evaluation of School Improvement Plans.

23 (d) All federal requirements apply to schools and school

24 districts utilizing federal funds under Title I, Part A of the

25 federal Elementary and Secondary Education Act of 1965.

26 (e) The State Board of Education, from any moneys it may

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1 have available for this purpose, must implement and administer

2 a grant program that provides 2-year grants to school districts

3 on the academic watch list and other school districts that have

4 the lowest achieving students, as determined by the State Board

5 of Education, to be used to improve student achievement. In

6 order to receive a grant under this program, a school district

7 must establish an accountability program. The accountability

8 program must involve the use of statewide testing standards and

9 local evaluation measures. A grant shall be automatically

10 renewed when achievement goals are met. The Board may adopt any

11 rules necessary to implement and administer this grant program.

12 (Source: P.A. 98-1155, eff. 1-9-15.)

13 (105 ILCS 5/27A-5)

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

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

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

17 school shall be organized and operated as a nonprofit

18 corporation or other discrete, legal, nonprofit entity

19 authorized under the laws of the State of Illinois.

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

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

22 school or attendance center to charter school status. Beginning

23 on the effective date of this amendatory Act of the 93rd

24 General Assembly, in all new applications to establish a

25 charter school in a city having a population exceeding 500,000,

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1 operation of the charter school shall be limited to one campus.

2 The changes made to this Section by this amendatory Act of the

3 93rd General Assembly do not apply to charter schools existing

4 or approved on or before the effective date of this amendatory

5 Act.

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

7 a cyber school where students engage in online curriculum and

8 instruction via the Internet and electronic communication with

9 their teachers at remote locations and with students

10 participating at different times.

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

12 moratorium on the establishment of charter schools with

13 virtual-schooling components in school districts other than a

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

15 moratorium does not apply to a charter school with

16 virtual-schooling components existing or approved prior to

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

18 school with virtual-schooling components already approved

19 prior to April 1, 2013.

20 On or before March 1, 2014, the Commission shall submit to

21 the General Assembly a report on the effect of

22 virtual-schooling, including without limitation the effect on

23 student performance, the costs associated with

24 virtual-schooling, and issues with oversight. The report shall

25 include policy recommendations for virtual-schooling.

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

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

2 provided in its charter. The governing body of a charter school

3 shall be subject to the Freedom of Information Act and the Open

4 Meetings Act. Any charter school operating within a school

5 district organized under Article 34 of this Code shall be

6 administered by a local school council established pursuant to

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

8 powers afforded to a local school council operating in a public

9 school.

10 (d) A charter school shall comply with all applicable

11 health and safety requirements applicable to public schools

12 under the laws of the State of Illinois.

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

14 charter school shall not charge tuition; provided that a

15 charter school may charge reasonable fees for textbooks,

16 instructional materials, and student activities.

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

18 management and operation of its fiscal affairs including, but

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

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

21 outside, independent contractor retained by the charter

22 school. To ensure financial accountability for the use of

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

24 operation, each charter school shall submit to its authorizer

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

26 990 the charter school filed that year with the federal

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

2 proper financial oversight of the charter school, an authorizer

3 may require quarterly financial statements from each charter

4 school.

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

6 this Article; the Illinois Educational Labor Relations Act; all

7 federal and State laws and rules applicable to public schools

8 that pertain to special education and the instruction of

9 English language learners, referred to in this Code as

10 "children of limited English-speaking ability"; and its

11 charter. A charter school is exempt from all other State laws

12 and regulations in this Code governing public schools and local

13 school board policies, except the following:

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

15 criminal history records checks and checks of the Statewide

16 Sex Offender Database and Statewide Murderer and Violent

17 Offender Against Youth Database of applicants for

18 employment;

19 (2) Sections 24-24 and 34-84A of this Code regarding

20 discipline of students;

21 (3) the Local Governmental and Governmental Employees

22 Tort Immunity Act;

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

24 Corporation Act of 1986 regarding indemnification of

25 officers, directors, employees, and agents;

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

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1 (6) the Illinois School Student Records Act;

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

3 cards;

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

5 ~~and~~

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

7 prevention; and ~~.~~

8 (10) ~~(9)~~ Section 2-3.162 ~~2-3.160~~ of this ~~the School~~

9 Code regarding student discipline reporting.

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

11 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 to

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

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

23 effective date of this amendatory Act of the 93rd General

24 Assembly and that operates in a city having a population

25 exceeding 500,000 may not contract with a for-profit entity to

26 manage or operate the school during the period that commences

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1 on the effective date of this amendatory Act of the 93rd

2 General Assembly and concludes at the end of the 2004-2005

3 school year. Except as provided in subsection (i) of this

4 Section, a school district may charge a charter school

5 reasonable rent for the use of the district's buildings,

6 grounds, and facilities. Any services for which a charter

7 school contracts with a school district shall be provided by

8 the district at cost. Any services for which a charter school

9 contracts with a local school board or with the governing body

10 of a State college or university or public community college

11 shall be provided by the public entity at 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 subject

19 to negotiation between the charter school and the local school

20 board and shall be set forth in the charter.

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

22 grade level.

23 (k) If the charter school is approved by the Commission,

24 then the Commission charter school is its own local education

25 agency.

26 (Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12;

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1 97-813, eff. 7-13-12; 98-16, eff. 5-24-13; 98-639, eff. 6-9-14;

2 98-669, eff. 6-26-14; 98-739, eff. 7-16-14; 98-783, eff.

3 1-1-15; 98-1059, eff. 8-26-14; 98-1102, eff. 8-26-14; revised

4 10-14-14.)

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. Each

11 local school council shall consist of the following 12 voting

12 members: the principal of the attendance center, 2 teachers

13 employed and assigned to perform the majority of their

14 employment duties at the attendance center, 6 parents of

15 students currently enrolled at the attendance center, one

16 employee of the school district employed and assigned to

17 perform the majority of his or her employment duties at the

18 attendance center who is not a teacher, and 2 community

19 residents. Neither the parents nor the community residents who

20 serve as members of the local school council shall be employees

21 of the Board of Education.In addition, in each attendance

22 center enrolling students in 7th or 8th grade, one full-time

23 student member shall be appointed as provided in subsection (m)

24 of this Section. In each secondary attendance center, the local

25 school council shall consist of 13 voting members -- the 12

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1 voting members described above and one full-time student

2 member, appointed as provided in subsection (m) below. In the

3 event that the chief executive officer of the Chicago School

4 Reform Board of Trustees determines that a local school council

5 is not carrying out its financial duties effectively, the chief

6 executive officer is authorized to appoint a representative of

7 the business community with experience in finance and

8 management to serve as an advisor to the local school council

9 for the purpose of providing advice and assistance to the local

10 school council on fiscal matters. The advisor shall have access

11 to relevant financial records of the local school council. The

12 advisor may attend executive sessions. The chief executive

13 officer shall issue a written policy defining the circumstances

14 under which a local school council is not carrying out its

15 financial duties effectively.

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

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

18 parent member and a Secretary) of each local school council who

19 shall hold their offices until their successors shall be

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

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

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

23 require approval by the City Council.

24 The membership of each local school council shall be

25 encouraged to be reflective of the racial and ethnic

26 composition of the student population of the attendance center

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1 served by the local school council.

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

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

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

5 Council elections and may schedule elections at year-round

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

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

8 Board of Education in consultation with the local school

9 council at each attendance center.

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

11 procedures shall apply to the election of local school council

12 members at each attendance center:

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

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

15 resident members.

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

17 eligible voters of that attendance center to serve for a

18 two-year term commencing on July 1 immediately following

19 the election described in subsection (c). Eligible voters

20 for each attendance center shall consist of the parents and

21 community residents for that attendance center.

22 (iii) Each eligible voter shall be entitled to cast one

23 vote for up to a total of 5 candidates, irrespective of

24 whether such candidates are parent or community resident

25 candidates.

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

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1 local school council election at each attendance center in

2 which he or she has a child currently enrolled. Each

3 community resident voter shall be entitled to vote in the

4 local school council election at each attendance center for

5 which he or she resides in the applicable attendance area

6 or voting district, as the case may be.

7 (v) Each eligible voter shall be entitled to vote once,

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

9 election at each attendance center at which the voter is

10 eligible to vote.

11 (vi) The 2 teacher members and the non-teacher employee

12 member of each local school council shall be appointed as

13 provided in subsection (l) below each to serve for a

14 two-year term coinciding with that of the elected parent

15 and community resident members.

16 (vii) At secondary attendance centers and attendance

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

18 student member shall be appointed as provided in subsection

19 (m) below to serve for a one-year term coinciding with the

20 beginning of the terms of the elected parent and community

21 members of the local school council.

22 (e) The Council shall publicize the date and place of the

23 election by posting notices at the attendance center, in public

24 places within the attendance boundaries of the attendance

25 center and by distributing notices to the pupils at the

26 attendance center, and shall utilize such other means as it

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1 deems necessary to maximize the involvement of all eligible

2 voters.

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

4 nominations by posting notices at the attendance center, in

5 public places within the attendance boundaries of the

6 attendance center and by distributing notices to the pupils at

7 the attendance center, and shall utilize such other means as it

8 deems necessary to maximize the involvement of all eligible

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

10 eligible to run for the Council shall submit their name, date

11 of birth, social security number, if available, and some

12 evidence of eligibility to the Council. The Council shall

13 encourage nomination of candidates reflecting the

14 racial/ethnic population of the students at the attendance

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

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

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

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

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

20 local school council or any public school in the school

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

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

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

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

25 provision nor any other provision of this Section shall be

26 deemed to require the disclosure of any information that is

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1 contained in any law enforcement record or juvenile court

2 record that is confidential or whose accessibility or

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

4 5-905 of the Juvenile Court Act of 1987. Failure to make such

5 disclosure shall render a person ineligible for election or to

6 serve on the local school council. The same disclosure shall be

7 required of persons under consideration for appointment to the

8 Council pursuant to subsections (l) and (m) of this Section.

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

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

11 ineligible for election or appointment to a local school

12 council and ineligible for appointment to a local school

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

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

15 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,

16 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,

17 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of

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

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

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

21 committed or attempted in this State, would have been

22 punishable as one or more of the foregoing offenses.

23 Notwithstanding disclosure, a person who has been convicted of

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

25 the date of nomination or appointment shall be ineligible for

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

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

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

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

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

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

6 Immediately upon election or appointment, incoming local

7 school council members shall be required to undergo a criminal

8 background investigation, to be completed prior to the member

9 taking office, in order to identify any criminal convictions

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

11 investigation shall be conducted by the Department of State

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

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

14 number shall be provided only if available. If it is determined

15 at any time that a local school council member or member-elect

16 has been convicted of any of the offenses enumerated in this

17 Section or failed to disclose a conviction of any of the

18 offenses enumerated in Section 34-18.5, the general

19 superintendent shall notify the local school council member or

20 member-elect of such determination and the local school council

21 member or member-elect shall be removed from the local school

22 council by the Board, subject to a hearing, convened pursuant

23 to Board rule, prior to removal.

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

25 shall publicize, in the manner provided in subsection (e), the

26 names of persons nominated for election.

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

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

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

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

5 Council shall determine the winner by lot.

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

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

8 (k) The general superintendent shall resolve any disputes

9 concerning election procedure or results and shall ensure that,

10 except as provided in subsections (e) and (g), no resources of

11 any attendance center shall be used to endorse or promote any

12 candidate.

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

14 even numbered year thereafter, the Board shall appoint 2

15 teacher members to each local school council. These

16 appointments shall be made in the following manner:

17 (i) The Board shall appoint 2 teachers who are employed

18 and assigned to perform the majority of their employment

19 duties at the attendance center to serve on the local

20 school council of the attendance center for a two-year term

21 coinciding with the terms of the elected parent and

22 community members of that local school council. These

23 appointments shall be made from among those teachers who

24 are nominated in accordance with subsection (f).

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

26 preferences of the school staff regarding appointments of

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1 teachers to the local school council for that attendance

2 center shall be conducted in accordance with the procedures

3 used to elect parent and community Council

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

5 staff shall be entitled to indicate his or her preference

6 for up to 2 candidates from among those who submitted

7 statements of candidacy as described above. These

8 preferences shall be advisory only and the Board shall

9 maintain absolute discretion to appoint teacher members to

10 local school councils, irrespective of the preferences

11 expressed in any such poll.

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

13 unable to perform his or her employment duties at the

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

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

16 declare a temporary vacancy and appoint a replacement

17 teacher representative to serve on the local school council

18 until such time as the teacher member originally appointed

19 pursuant to this subsection (l) resumes service at the

20 attendance center or for the remainder of the term. The

21 replacement teacher representative shall be appointed in

22 the same manner and by the same procedures as teacher

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

24 of this subsection (l).

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

26 every schoolyear~~thereafter~~, the Board shall appoint one

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1 student member to each secondary attendance centerand

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

3 although no attendance center shall have more than one student

4 member. These appointments shall be made in the following

5 manner:

6 (i) Appointments shall be made from among those

7 students who submit statements of candidacy to the

8 principal of the attendance center, such statements to be

9 submitted commencing on the first day of the twentieth week

10 of school and continuing for 2 weeks thereafter. The form

11 and manner of such candidacy statements shall be determined

12 by the Board.

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

14 year, the principal of each attendance center shall conduct

15 a non-binding, advisory poll to ascertain the preferences

16 of the school students regarding the appointment of a

17 student to the local school council for that attendance

18 center. At such poll, each student shall be entitled to

19 indicate his or her preference for up to one candidate from

20 among those who submitted statements of candidacy as

21 described above. The Board shall promulgate rules to ensure

22 that these non-binding, advisory polls are conducted in a

23 fair and equitable manner and maximize the involvement of

24 all school students. The preferences expressed in these

25 non-binding, advisory polls shall be transmitted by the

26 principal to the Board. However, these preferences shall be

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1 advisory only and the Board shall maintain absolute

2 discretion to appoint student members to local school

3 councils, irrespective of the preferences expressed in any

4 such poll.

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

6 shall be made from among those students who submitted

7 statements of candidacy to the principal of the attendance

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

9 principal shall communicate the results of any nonbinding,

10 advisory poll to the Board. These results shall be advisory

11 only, and the Board shall maintain absolute discretion to

12 appoint student members to local school councils,

13 irrespective of the preferences expressed in any such poll.

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

15 regulations for election procedures as may be deemed necessary

16 to ensure fair elections.

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

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

19 the Council, to fill the unexpired term created by the vacancy,

20 except that any teacher vacancy shall be filled by the Board

21 after considering the preferences of the school staff as

22 ascertained through a non-binding advisory poll of school

23 staff.

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

25 within each candidate category, the newly elected local school

26 council shall appoint eligible persons to serve as members of

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1 the Council for two-year terms.

2 (q) The Board shall promulgate rules regarding conflicts of

3 interest and disclosure of economic interests which shall apply

4 to local school council members and which shall require reports

5 or statements to be filed by Council members at regular

6 intervals with the Secretary of the Board. Failure to comply

7 with such rules or intentionally falsifying such reports shall

8 be grounds for disqualification from local school council

9 membership. A vacancy on the Council for disqualification may

10 be so declared by the Secretary of the Board. Rules regarding

11 conflicts of interest and disclosure of economic interests

12 promulgated by the Board shall apply to local school council

13 members. No less than 45 days prior to the deadline, the

14 general superintendent shall provide notice, by mail, to each

15 local school council member of all requirements and forms for

16 compliance with economic interest statements.

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

18 to have any child enrolled in the attendance center governed by

19 the Local School Council due to the graduation or voluntary

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

21 parent's membership on the Local School Council and all voting

22 rights are terminated immediately as of the date of the child's

23 graduation or voluntary transfer. If the child of a parent

24 member of a local school council dies during the member's term

25 in office, the member may continue to serve on the local school

26 council for the balance of his or her term. Further, a local

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1 school council member may be removed from the Council by a

2 majority vote of the Council as provided in subsection (c) of

3 Section 34-2.2 if the Council member has missed 3 consecutive

4 regular meetings, not including committee meetings, or 5

5 regular meetings in a 12 month period, not including committee

6 meetings. If a parent member of a local school council ceases

7 to be eligible to serve on the Council for any other reason, he

8 or she shall be removed by the Board subject to a hearing,

9 convened pursuant to Board rule, prior to removal. A vote to

10 remove a Council member by the local school council shall only

11 be valid if the Council member has been notified personally or

12 by certified mail, mailed to the person's last known address,

13 of the Council's intent to vote on the Council member's removal

14 at least 7 days prior to the vote. The Council member in

15 question shall have the right to explain his or her actions and

16 shall be eligible to vote on the question of his or her removal

17 from the Council. The provisions of this subsection shall be

18 contained within the petitions used to nominate Council

19 candidates.

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

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

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

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

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

25 serve on the Council, he or she shall be removed by the Board

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

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1 removal.

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

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

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

5 school, provided that if the teacher representative resigns

6 from employment with the Board or voluntarily transfers to

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

8 council and all voting rights are terminated immediately as of

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

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

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

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

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

14 pursuant to Board rule, prior to removal.

15 (Source: P.A. 96-1412, eff. 1-1-11; 96-1551, eff. 7-1-11;

16 97-1150, eff. 1-25-13.)

17 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)

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

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

20 council shall be held at the attendance center. At the annual

21 organization meeting, which shall be held no sooner than July 1

22 and no later than July 14, a parent member of the local school

23 council shall be selected by the members of such council as its

24 chairperson, and a secretary shall be selected by the members

25 of such council from among their number, each to serve a term

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1 of one year. Whenever a vacancy in the office of chairperson or

2 secretary of a local school council shall occur, a new

3 chairperson (who shall be a parent member) or secretary, as the

4 case may be, shall be elected by the members of the local

5 school council from among their number to serve as such

6 chairperson or secretary for the unexpired term of office in

7 which the vacancy occurs. At each annual organizational

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

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

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

11 4 members by giving notice thereof in writing, specifying the

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

13 meetings shall also be given in accordance with the Open

14 Meetings Act.

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

16 serve without compensation and without reimbursement of any

17 expenses incurred in the performance of their duties, except

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

19 and thereunder provide for reimbursement of members and

20 officers of local school councils for such of their reasonable

21 and necessary expenses (excluding any lodging or meal expenses)

22 incurred in the performance of their duties as the board may

23 deem appropriate.

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

25 council shall constitute a quorum, and whenever a vote is taken

26 on any measure before the local school council, a quorum being

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1 present, the affirmative vote of a majority of the votes of the

2 full membership then serving of the local school council shall

3 determine the outcome thereof; provided that whenever the

4 measure before the local school council is (i) the evaluation

5 of the principal, or (ii) the renewal of his or her performance

6 contract or the inclusion of any provision or modification of

7 the contract, or (iii) the direct selection by the local school

8 council of a new principal (including a new principal to fill a

9 vacancy) to serve under a 4 year performance contract, or (iv)

10 the determination of the names of candidates to be submitted to

11 the general superintendent for the position of principal, the

12 principal and student member~~of a high school council~~ shall not

13 be counted for purposes of determining whether a quorum is

14 present to act on the measure and shall have no vote thereon;

15 and provided further that 7 affirmative votes of the local

16 school council shall be required for the direct selection by

17 the local school council of a new principal to serve under a 4

18 year performance contract but not for the renewal of a

19 principal's performance contract. A supermajority of 8 votes is

20 required to veto any action proposed or approved pursuant to

21 subsection (d) of Section 34-8.3 of this Code or any action

22 proposed or approved under Section 34-8.4 of this Code.

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

24 eligible to vote on personnel matters, including but not

25 limited to principal evaluations and contracts and the

26 allocation of teaching and staff resources.

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

2 provides bilingual education shall be encouraged to provide

3 translators at each council meeting to maximize participation

4 of parents and the community.

5 (f) Each local school council of an attendance center which

6 provides bilingual education shall create a Bilingual Advisory

7 Committee or recognize an existing Bilingual Advisory

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

9 the members of the advisory committee shall be parents of

10 students in the bilingual education program. The parents on the

11 advisory committee shall be selected by parents of students in

12 the bilingual education program, and the committee shall select

13 a Chair. The advisory committee for each secondary attendance

14 center shall include at least one full-time bilingual education

15 student. The Bilingual Advisory Committee shall serve only in

16 an advisory capacity to the local school council.

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

18 arbitration board to resolve intra-council disputes.

19 (Source: P.A. 91-622, eff. 8-19-99.)

20 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)

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

22 Each local school council shall have and exercise, consistent

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

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

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

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1 principal of the attendance center using a Board approved

2 principal evaluation form, which shall include the evaluation

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

4 improvement plan, (ii) student absenteeism rates at the school,

5 (iii) instructional leadership, (iv) the effective

6 implementation of programs, policies, or strategies to improve

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

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

9 including, without limitation, the principal's communication

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

11 learning environment, to develop opportunities for

12 professional development, and to encourage parental

13 involvement and community partnerships to achieve school

14 improvement;

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

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

17 the performance contract of the principal shall be renewed; and

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

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

20 new principal to fill a vacancy) -- without submitting any list

21 of candidates for that position to the general superintendent

22 as provided in paragraph 2 of this Section -- to serve under a

23 4 year performance contract; provided that (i) the

24 determination of whether the principal's performance contract

25 is to be renewed, based upon the evaluation required by

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

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1 150 days prior to the expiration of the current

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

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

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

5 performance contract shall be made by the local school council

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

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

8 the local school council of a new principal to fill a vacancy

9 under a 4 year performance contract shall be made within 90

10 days after the date such vacancy occurs. A Council shall be

11 required, if requested by the principal, to provide in writing

12 the reasons for the council's not renewing the principal's

13 contract.

14 1.5. The local school council's determination of whether to

15 renew the principal's contract shall be based on an evaluation

16 to assess the educational and administrative progress made at

17 the school during the principal's current performance-based

18 contract. The local school council shall base its evaluation on

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

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

21 (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

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

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1 learning environment, to develop opportunities for

2 professional development, and to encourage parental

3 involvement and community partnerships to achieve school

4 improvement. If a local school council fails to renew the

5 performance contract of a principal rated by the general

6 superintendent, or his or her designee, in the previous years'

7 evaluations as meeting or exceeding expectations, the

8 principal, within 15 days after the local school council's

9 decision not to renew the contract, may request a review of the

10 local school council's principal non-retention decision by a

11 hearing officer appointed by the American Arbitration

12 Association. A local school council member or members or the

13 general superintendent may support the principal's request for

14 review. During the period of the hearing officer's review of

15 the local school council's decision on whether or not to retain

16 the principal, the local school council shall maintain all

17 authority to search for and contract with a person to serve as

18 interim or acting principal, or as the principal of the

19 attendance center under a 4-year performance contract,

20 provided that any performance contract entered into by the

21 local school council shall be voidable or modified in

22 accordance with the decision of the hearing officer. The

23 principal may request review only once while at that attendance

24 center. If a local school council renews the contract of a

25 principal who failed to obtain a rating of "meets" or "exceeds

26 expectations" in the general superintendent's evaluation for

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1 the previous year, the general superintendent, within 15 days

2 after the local school council's decision to renew the

3 contract, may request a review of the local school council's

4 principal retention decision by a hearing officer appointed by

5 the American Arbitration Association. The general

6 superintendent may request a review only once for that

7 principal at that attendance center. All requests to review the

8 retention or non-retention of a principal shall be submitted to

9 the general superintendent, who shall, in turn, forward such

10 requests, within 14 days of receipt, to the American

11 Arbitration Association. The general superintendent shall send

12 a contemporaneous copy of the request that was forwarded to the

13 American Arbitration Association to the principal and to each

14 local school council member and shall inform the local school

15 council of its rights and responsibilities under the

16 arbitration process, including the local school council's

17 right to representation and the manner and process by which the

18 Board shall pay the costs of the council's representation. If

19 the local school council retains the principal and the general

20 superintendent requests a review of the retention decision, the

21 local school council and the general superintendent shall be

22 considered parties to the arbitration, a hearing officer shall

23 be chosen between those 2 parties pursuant to procedures

24 promulgated by the State Board of Education, and the principal

25 may retain counsel and participate in the arbitration. If the

26 local school council does not retain the principal and the

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1 principal requests a review of the retention decision, the

2 local school council and the principal shall be considered

3 parties to the arbitration and a hearing officer shall be

4 chosen between those 2 parties pursuant to procedures

5 promulgated by the State Board of Education. The hearing shall

6 begin (i) within 45 days after the initial request for review

7 is submitted by the principal to the general superintendent or

8 (ii) if the initial request for review is made by the general

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

10 the American Arbitration Association. The hearing officer

11 shall render a decision within 45 days after the hearing begins

12 and within 90 days after the initial request for review. The

13 Board shall contract with the American Arbitration Association

14 for all of the hearing officer's reasonable and necessary

15 costs. In addition, the Board shall pay any reasonable costs

16 incurred by a local school council for representation before a

17 hearing officer.

18 1.10. The hearing officer shall conduct a hearing, which

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

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

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

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

23 interested persons, including, without limitation, students,

24 parents, local school council members, school faculty and

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

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

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1 establishing that the local school council's decision was

2 arbitrary and capricious shall be on the party requesting the

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

4 preponderance of the evidence. The hearing officer shall set

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

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

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

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

9 hearing officer decides that the principal shall be retained,

10 the retention period shall not exceed 2 years.

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

12 the performance contract of the principal, or the principal

13 fails to receive a satisfactory rating as provided in

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

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

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

17 position of principal otherwise occurs prior to the expiration

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

19 local school council fails to directly select a new principal

20 to serve under a 4 year performance contract, the local school

21 council in such event shall submit to the general

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

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

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

25 superintendent to serve as principal of the attendance center.

26 If the general superintendent fails or refuses to select one of

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1 the candidates on the list to serve as principal within 30 days

2 after being furnished with the candidate list, the general

3 superintendent shall select and place a principal on an interim

4 basis (i) for a period not to exceed one year or (ii) until the

5 local school council selects a new principal with 7 affirmative

6 votes as provided in subsection (c) of Section 34-2.2,

7 whichever occurs first. If the local school council fails or

8 refuses to select and appoint a new principal, as specified by

9 subsection (c) of Section 34-2.2, the general superintendent

10 may select and appoint a new principal on an interim basis for

11 an additional year or until a new contract principal is

12 selected by the local school council. There shall be no

13 discrimination on the basis of race, sex, creed, color or

14 disability unrelated to ability to perform in connection with

15 the submission of candidates for, and the selection of a

16 candidate to serve as principal of an attendance center. No

17 person shall be directly selected, listed as a candidate for,

18 or selected to serve as principal of an attendance center (i)

19 if such person has been removed for cause from employment by

20 the Board or (ii) if such person does not hold a valid

21 administrative certificate issued or exchanged under Article

22 21 and endorsed as required by that Article for the position of

23 principal. A principal whose performance contract is not

24 renewed as provided under subsection (c) of Section 34-2.2 may

25 nevertheless, if otherwise qualified and certified as herein

26 provided and if he or she has received a satisfactory rating as

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1 provided in subsection (h) of Section 34-8.3, be included by a

2 local school council as one of the 3 candidates listed in order

3 of preference on any candidate list from which one person is to

4 be selected to serve as principal of the attendance center

5 under a new performance contract. The initial candidate list

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

7 general superintendent in cases where the local school council

8 does not renew the performance contract of its principal and

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

10 year performance contract shall be submitted not later than 30

11 days prior to the expiration of the current performance

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

13 refuses to submit the candidate list to the general

14 superintendent no later than 30 days prior to the expiration of

15 the incumbent principal's contract, the general superintendent

16 may appoint a principal on an interim basis for a period not to

17 exceed one year, during which time the local school council

18 shall be able to select a new principal with 7 affirmative

19 votes as provided in subsection (c) of Section 34-2.2. In cases

20 where a principal is removed for cause or a vacancy otherwise

21 occurs in the position of principal and the vacancy is not

22 filled by direct selection by the local school council, the

23 candidate list shall be submitted by the local school council

24 to the general superintendent within 90 days after the date

25 such removal or vacancy occurs. In cases where the local school

26 council fails or refuses to submit the candidate list to the

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1 general superintendent within 90 days after the date of the

2 vacancy, the general superintendent may appoint a principal on

3 an interim basis for a period of one year, during which time

4 the local school council shall be able to select a new

5 principal with 7 affirmative votes as provided in subsection

6 (c) of Section 34-2.2.

7 2.5. Whenever a vacancy in the office of a principal occurs

8 for any reason, the vacancy shall be filled in the manner

9 provided by this Section by the selection of a new principal to

10 serve under a 4 year performance contract.

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

12 of the performance contract of its principal, provided that

13 such additional criteria shall not discriminate on the basis of

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

15 perform, and shall not be inconsistent with the uniform 4 year

16 performance contract for principals developed by the board as

17 provided in Section 34-8.1 of the School Code or with other

18 provisions of this Article governing the authority and

19 responsibility of principals.

20 4. To approve the expenditure plan prepared by the

21 principal with respect to all funds allocated and distributed

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

23 shall be administered by the principal. Notwithstanding any

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

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

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

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

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

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

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

5 Council may transfer allocations pursuant to Section 34-2.3

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

7 applicable law and collective bargaining agreements.

8 Beginning in fiscal year 1991 and in each fiscal year

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

10 year budget for distribution on a prioritized basis to schools

11 throughout the school system in order to assure adequate

12 programs to meet the needs of special student populations as

13 determined by the Board. This distribution shall take into

14 account the needs catalogued in the Systemwide Plan and the

15 various local school improvement plans of the local school

16 councils. Information about these centrally funded programs

17 shall be distributed to the local school councils so that their

18 subsequent planning and programming will account for these

19 provisions.

20 Beginning in fiscal year 1991 and in each fiscal year

21 thereafter, from other amounts available in the applicable

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

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

24 determine taking into account the special needs of the student

25 body. The local school principal shall develop an expenditure

26 plan in consultation with the local school council, the

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1 professional personnel leadership committee and with all other

2 school personnel, which reflects the priorities and activities

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

4 is consistent with applicable law and collective bargaining

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

6 local school council shall have the right to request waivers of

7 board policy from the board of education and waivers of

8 employee collective bargaining agreements pursuant to Section

9 34-8.1a.

10 The expenditure plan developed by the principal with

11 respect to amounts available from the fund for prioritized

12 special needs programs and the allocated lump sum amount must

13 be approved by the local school council.

14 The lump sum allocation shall take into account the

15 following principles:

16 a. Teachers: Each school shall be allocated funds equal

17 to the amount appropriated in the previous school year for

18 compensation for teachers (regular grades kindergarten

19 through 12th grade) plus whatever increases in

20 compensation have been negotiated contractually or through

21 longevity as provided in the negotiated agreement.

22 Adjustments shall be made due to layoff or reduction in

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

24 requirements, enrollment changes, or contracts with third

25 parties for the performance of services or to rectify any

26 inconsistencies with system-wide allocation formulas or

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1 for other legitimate reasons.

2 b. Other personnel: Funds for other teacher

3 certificated and uncertificated personnel paid through

4 non-categorical funds shall be provided according to

5 system-wide formulas based on student enrollment and the

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

7 c. Non-compensation items: Appropriations for all

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

9 formulas based on student enrollment and on the special

10 needs of the school or factors related to the physical

11 plant, including but not limited to textbooks, electronic

12 textbooks and the technological equipment necessary to

13 gain access to and use electronic textbooks, supplies,

14 electricity, equipment, and routine maintenance.

15 d. Funds for categorical programs: Schools shall

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

17 personnel and funds in accordance with State and Federal

18 requirements applicable to each categorical program

19 provided to meet the special needs of the student body

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

21 Bilingual, and Special Education).

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

23 funds based on State and Board requirements applicable to

24 each State Title I pupil provided to meet the special needs

25 of the student body. Each school shall receive the

26 proportion of funds as provided in Section 18-8 to which

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1 they are entitled. These funds shall be spent only with the

2 budgetary approval of the Local School Council as provided

3 in Section 34-2.3.

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

5 request the principal to close positions and open new ones

6 consistent with the provisions of the local school

7 improvement plan provided that these decisions are

8 consistent with applicable law and collective bargaining

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

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

11 system-wide average compensation for the closed position.

12 f. Operating within existing laws and collective

13 bargaining agreements, the local school council shall have

14 the right to direct the principal to shift expenditures

15 within funds.

16 g. (Blank).

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

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

19 budget for the following fiscal year.

20 5. To make recommendations to the principal concerning

21 textbook selection and concerning curriculum developed

22 pursuant to the school improvement plan which is consistent

23 with systemwide curriculum objectives in accordance with

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

25 with the collective bargaining agreement.

26 6. To advise the principal concerning the attendance and

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1 disciplinary policies for the attendance center, subject to the

2 provisions of this Article and Article 26, and consistent with

3 the uniform system of discipline established by the board

4 pursuant to Section 34-19.

5 7. To approve a school improvement plan developed as

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

7 development shall be publicized to the entire school community,

8 and the community shall be afforded the opportunity to make

9 recommendations concerning the plan. At least twice a year the

10 principal and local school council shall report publicly on

11 progress and problems with respect to plan implementation.

12 8. To evaluate the allocation of teaching resources and

13 other certificated and uncertificated staff to the attendance

14 center to determine whether such allocation is consistent with

15 and in furtherance of instructional objectives and school

16 programs reflective of the school improvement plan adopted for

17 the attendance center; and to make recommendations to the

18 board, the general superintendent and the principal concerning

19 any reallocation of teaching resources or other staff whenever

20 the council determines that any such reallocation is

21 appropriate because the qualifications of any existing staff at

22 the attendance center do not adequately match or support

23 instructional objectives or school programs which reflect the

24 school improvement plan.

25 9. To make recommendations to the principal and the general

26 superintendent concerning their respective appointments, after

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1 August 31, 1989, and in the manner provided by Section 34-8 and

2 Section 34-8.1, of persons to fill any vacant, additional or

3 newly created positions for teachers at the attendance center

4 or at attendance centers which include the attendance center

5 served by the local school council.

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

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

8 Pursuant to Board guidelines a local school council is

9 authorized to direct the Board of Education to contract with

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

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

12 training or assistance is provided by contract with personnel

13 or organizations not associated with the school district, the

14 period of training or assistance shall not exceed 30 hours

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

16 continuous basis longer than said period and shall not have

17 been employed by the Chicago Board of Education within the

18 preceding six months. Council members shall receive training in

19 at least the following areas:

20 1. school budgets;

21 2. educational theory pertinent to the attendance

22 center's particular needs, including the development of

23 the school improvement plan and the principal's

24 performance contract; and

25 3. personnel selection.

26 Council members shall, to the greatest extent possible,

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1 complete such training within 90 days of election.To assist

2 the local school councils, the Board shall provide $2,500

3 annually to each local school council for the purposes of

4 training and to procure reasonable and necessary office

5 equipment and supplies as each local school council sees fit.

6 11. In accordance with systemwide guidelines contained in

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

8 criteria for evaluation of performance shall be established for

9 local school councils and local school council members. If a

10 local school council persists in noncompliance with systemwide

11 requirements, the Board may impose sanctions and take necessary

12 corrective action, consistent with Section 34-8.3. Any such

13 action allowed for or taken pursuant to subsection (d) of

14 Section 34-8.3 or Section 34-8.4 of this Code may be vetoed by

15 a supermajority of 8 of the voting members of the local school

16 council.

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

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

19 school council shall issue and transmit to its school community

20 a detailed annual report accounting for its activities

21 programmatically and financially. Each local school council

22 shall convene at least 2 well-publicized meetings annually with

23 its entire school community. These meetings shall include

24 presentation of the proposed local school improvement plan, of

25 the proposed school expenditure plan, and the annual report,

26 and shall provide an opportunity for public comment.

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1 13. Each local school council is encouraged to involve

2 additional non-voting members of the school community in

3 facilitating the council's exercise of its responsibilities.

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

5 dress code policy that governs the attendance center and that

6 is necessary to maintain the orderly process of a school

7 function or prevent endangerment of student health or safety,

8 consistent with the policies and rules of the Board of

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

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

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

12 any other student for noncompliance with that policy during

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

14 student to acquire a school uniform or otherwise comply with

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

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

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

18 local school council will accommodate the needs of or otherwise

19 provide appropriate resources to assist a student from an

20 indigent family in complying with an applicable school uniform

21 or dress code policy. A student whose parents or legal

22 guardians object on religious grounds to the student's

23 compliance with an applicable school uniform or dress code

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

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

26 school council a signed statement of objection detailing the

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1 grounds for the objection.

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

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

4 comply with State and federal laws, all applicable collective

5 bargaining agreements, court orders and rules properly

6 promulgated by the Board.

7 15a. To grant, in accordance with board rules and policies,

8 the use of assembly halls and classrooms when not otherwise

9 needed, including lighting, heat, and attendants, for public

10 lectures, concerts, and other educational and social

11 activities.

12 15b. To approve, in accordance with board rules and

13 policies, receipts and expenditures for all internal accounts

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

15 activities by nonschool organizations that use the school

16 building.

17 16. (Blank).

18 17. Names and addresses of local school council members

19 shall be a matter of public record.

20 (Source: P.A. 96-1403, eff. 7-29-10.)

21 (105 ILCS 5/34-2.3b)

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

23 (a) The LSC Certification Commission, an independent

24 commission, is established to provide fundamental training to

25 members of local school councils and to certify each member.

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1 The LSC Certification Commission shall be comprised of

2 representatives from the district and representatives from

3 organizations that have provided training to local school

4 council members on and after January 23, 2014. ~~The board shall~~

5 ~~collaborate with universities and other interested entities~~

6 ~~and individuals to offer training to local school council~~

7 ~~members on topics relevant to school operations and their~~

8 ~~responsibilities as local school council members, including~~

9 ~~but not limited to legal requirements, role differentiation,~~

10 ~~responsibilities, and authorities, and improving student~~

11 ~~achievement.~~

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

13 provided at the direction of the LSC Certification Commission,

14 which shall work with universities and other interested

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

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

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

18 local school council members shall be required to complete a

19 3-day training program provided under this Section within 6

20 months of taking office. The LSC Certification Commission ~~board~~

21 shall monitor the compliance of incoming local school council

22 members with the 3-day training program requirement

23 established by this Section.

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

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

26 council member who fails to complete the 3-day training program

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1 provided under this Section within the 6 month period allowed.

2 Any such vacancy shall be filled as provided in subsection (o)

3 of Section 34-2.1 by appointment of another person qualified to

4 hold the office.~~In addition to requiring local school council~~

5 ~~members to complete the 3-day training program under this~~

6 ~~Section, the board may encourage local school council members~~

7 ~~to complete additional training during their term of office and~~

8 ~~shall provide recognition for individuals completing that~~

9 ~~additional training. The board is authorized to collaborate~~

10 ~~with universities, non-profits, and other interested~~

11 ~~organizations and individuals to offer additional training to~~

12 ~~local school council members on a regular basis during their~~

13 ~~term in office. The board shall not be required to bear the~~

14 ~~cost of the required 3-day training program or any additional~~

15 ~~training provided to local school council members under this~~

16 ~~Section.~~

17 (d) The LSC Certification Commission ~~board~~ shall also offer

18 training to aid local school councils in developing principal

19 evaluation procedures and criteria. The board shall send out

20 requests for proposals concerning this training and is

21 authorized to contract with universities, non-profits, and

22 other interested organizations and individuals to provide this

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

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

25 ~~as its own funds for this purpose.~~

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

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

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

3 local school council members under this Section in the

4 immediately prior year. Upon a majority vote of the LSC

5 Certification Commission, that request may exceed the prior

6 year's allocations by 2%.

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

8 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)

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

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

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

12 34-18 and paragraph (c) of Section 34A-201a relating to the

13 allocation or application -- by formula or otherwise -- of lump

14 sum amounts and other funds to attendance centers, shall not

15 apply to attendance centers that have applied for and been

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

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

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

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

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

21 Jackson Adult Center, the Hillard Adult Center, the Alternative

22 Transitional School, or any other attendance center designated

23 by the Board as an alternative school, provided that the

24 designation is not applied to an attendance center that has in

25 place a legally constituted local school council, except for

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1 contract turnaround schools. ~~The board of education shall have~~

2 ~~and exercise with respect to those schools and with respect to~~

3 ~~the conduct, operation, affairs and budgets of those schools,~~

4 ~~and with respect to the principals, teachers and other school~~

5 ~~staff there employed, the same powers which are exercisable by~~

6 ~~local school councils with respect to the other attendance~~

7 ~~centers, principals, teachers and school staff within the~~

8 ~~district, together with all powers and duties generally~~

9 ~~exercisable by the board of education with respect to all~~

10 ~~attendance centers within the district. The board of education~~

11 ~~shall develop appropriate alternative methods for involving~~

12 ~~parents, community members and school staff to the maximum~~

13 ~~extent possible in all of the activities of those schools, and~~

14 ~~may delegate to the parents, community members and school staff~~

15 ~~so involved the same powers which are exercisable by local~~

16 ~~school councils with respect to other attendance centers.~~

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

18 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)

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

20 centers.

21 (a) The general superintendent shall monitor the

22 performance of the attendance centers within the district and

23 shall identify attendance centers, pursuant to criteria that

24 the board shall establish, in which:

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

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1 with a school improvement plan;

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

3 program as indicated by factors, including, but not limited

4 to, the absence of improvement in student reading and math

5 achievement scores, an increased drop-out rate, a

6 decreased graduation rate, and a decrease in rate of

7 student attendance;

8 (3) (blank); or

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

10 provisions of this Act, other applicable laws, collective

11 bargaining agreements, court orders, or with Board rules

12 which the Board is authorized to promulgate.

13 (b) If the general superintendent identifies a

14 nonperforming school as described herein, he or she shall place

15 the attendance center on remediation by developing a

16 remediation plan for the center. The purpose of the remediation

17 plan shall be to correct the deficiencies in the performance of

18 the attendance center by one or more of the following methods:

19 (1) drafting a new school improvement plan;

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

21 training for the local school council;

22 (3) directing implementation of a school improvement

23 plan;

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

25 improvement at the attendance center.

26 Nothing in this Section removes any authority of the local

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

2 modify any school improvement plan or implementation thereof.

3 If, however, the general superintendent determines that

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

5 the general superintendent shall place the attendance center on

6 probation. The board shall establish guidelines that determine

7 the factors for placing an attendance center on probation.

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

9 improvement plan and school budget for correcting deficiencies

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

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

12 correct identified deficiencies and specific objective

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

14 determined. The school budget shall include specific

15 expenditures directly calculated to correct educational and

16 operational deficiencies identified at the school by the

17 probation team.

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

19 one year, fail to make adequate progress in correcting

20 deficiencies are subject to the following actions by the

21 general superintendent with the approval of the board, after

22 opportunity for a hearing:

23 (1) Ordering new local school council elections.

24 (2) Removing and replacing the principal.

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

26 provisions of Section 24A-5.

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1 (4) Reconstitution of the attendance center and

2 replacement and reassignment by the general superintendent

3 of all employees of the attendance center.

4 (5) Intervention under Section 34-8.4.

5 (5.5) Operating an attendance center as a contract

6 turnaround school.

7 (6) Closing of the school.

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

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

10 of the local school council.

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

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

13 such schools make acceptable annual progress. The board shall

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

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

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

17 each year.If academic achievement tests are used as the factor

18 for placing a school on probation, the general superintendent

19 shall consider objective criteria, not just an increase in test

20 scores, in deciding whether or not a school shall remain on

21 probation. These criteria shall include attendance, test

22 scores, student mobility rates, poverty rates, bilingual

23 education eligibility, special education, and English language

24 proficiency programs, with progress made in these areas being

25 taken into consideration in deciding whether or not a school

26 shall remain on probation.

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

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

3 when the general superintendent deems that the school is in

4 educational crisis it may take immediate corrective action,

5 including the actions specified in this Section, without first

6 placing the school on remediation or probation. Nothing

7 described herein shall limit the authority of the board as

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

9 criteria governing the determination regarding when a school is

10 in educational crisis.Such criteria shall be delivered to each

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

12 action under subsection (d) of this Section is subject to veto

13 by a supermajority of 8 of the voting members of the local

14 school council.

15 (g) All persons serving as subdistrict superintendent on

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

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

18 and the employment of each such person as subdistrict

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

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

21 subdistrict superintendent after June 30, 1995.

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

23 local school councils, conduct an annual evaluation of each

24 principal in the district pursuant to guidelines promulgated by

25 the Board of Education.

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

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1 (105 ILCS 5/34-8.4)

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

3 Accountability Council may recommend to the Chicago School

4 Reform Board of Trustees that any school placed on remediation

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

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

7 1994-1995 have met the State Board of Education's category of

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

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

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

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

12 intervention.

13 Prior to subjecting a school to intervention, the Trustees

14 shall conduct a public hearing and make findings of facts

15 concerning the recommendation of the Chicago Schools Academic

16 Accountability Council and the factors causing the failure of

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

18 opportunity at the hearing for interested persons to comment

19 about the intervention recommendation. After the hearing has

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

21 shall make a determination whether to subject the school to

22 intervention.

23 If the Trustees determine that a school shall be subject to

24 intervention under this Section, the Trustees shall develop an

25 intervention implementation plan and shall cause a performance

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1 evaluation to be made of each employee at the school. Upon

2 consideration of such evaluations, and consistent with the

3 intervention implementation plan, the Trustees may reassign,

4 layoff, or dismiss any employees at the attendance center,

5 notwithstanding the provisions of Sections 24A-5 and 34-85.

6 The chief educational officer shall appoint a principal for

7 the school and shall set the terms and conditions of the

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

9 years. The principal shall select all teachers and

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

11 provision of Section 34-8.1 that conflicts with this Section

12 shall not apply to a school subjected to intervention under

13 this Section.

14 If pursuant to this Section, the general superintendent,

15 with the approval of the board, orders new local school council

16 elections, the general superintendent shall carry out the

17 responsibilities of the local school council for a school

18 subject to intervention until the new local school council

19 members are elected and trained.

20 Any action authorized by this Section may be vetoed by a

21 supermajority of 8 of the voting members of the local school

22 council for the attendance center affected by the action.

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

24 funds distributed to a school subject to intervention during

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

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

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1 for employee performance incentives. The Trustees shall

2 prepare a report evaluating the results of any interventions

3 undertaken pursuant to this Section and shall make

4 recommendations concerning implementation of special programs

5 for dealing with underperforming schools on an ongoing basis.

6 This report shall be submitted to the State Superintendent of

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

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

9 90-548, eff. 1-1-98.)

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

11 becoming law.

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INDEX

Statutes amended in order of appearance