Bill Amendment: IL HB3239 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-CHICAGO-LSC-STUDENT MEM

Status: 2016-07-22 - Public Act . . . . . . . . . 99-0597 [HB3239 Detail]

Download: Illinois-2015-HB3239-House_Amendment_001.html

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Rep. Jaime M. Andrade, Jr.

Filed: 4/6/2016

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AMENDMENT TO HOUSE BILL 3239
AMENDMENT NO. ______. Amend House Bill 3239 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
34-2.1 as follows:
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local school
council shall consist of the following 12 voting members: the
principal of the attendance center, 2 teachers employed and
assigned to perform the majority of their employment duties at
the attendance center, 6 parents of students currently enrolled
at the attendance center, one employee of the school district
employed and assigned to perform the majority of his or her

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employment duties at the attendance center who is not a
teacher, and 2 community residents. Neither the parents nor the
community residents who serve as members of the local school
council shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 13 voting members -- the 12 voting members described
above and one full-time student member, elected by students
beginning with the 2016 local school council election appointed
as provided in subsection (m) below. In the event that the
chief executive officer of the Chicago School Reform Board of
Trustees determines that a local school council is not carrying
out its financial duties effectively, the chief executive
officer is authorized to appoint a representative of the
business community with experience in finance and management to
serve as an advisor to the local school council for the purpose
of providing advice and assistance to the local school council
on fiscal matters. The advisor shall have access to relevant
financial records of the local school council. The advisor may
attend executive sessions. The chief executive officer shall
issue a written policy defining the circumstances under which a
local school council is not carrying out its financial duties
effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council who
shall hold their offices until their successors shall be

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elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in this
amendatory Act of 1991. The Mayor's appointments shall not
require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
(c) The Beginning with the 1995-1996 school year and in
every even-numbered year thereafter, the Board shall set second
semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round
schools for the same dates as the remainder of the school
system. Parent and community resident members of local school
councils shall be elected in every even-numbered year. Student
members of high school councils shall be elected every year by
eligible student voters. Elections shall be conducted as
provided herein by the Board of Education in consultation with
the local school council at each attendance center.
(d) The Beginning with the 1995-96 school year, the
following procedures shall apply to the election of local
school council members at each attendance center, with
subdivisions (i) through (vi) applying to members other than
student members:
(i) The elected members of each local school council
shall consist of the 6 parent members and the 2 community

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resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible voters
for each attendance center shall consist of the parents and
community residents for that attendance center and, for a
secondary attendance center, all students enrolled at that
secondary attendance center who are 17 years of age or
older or who are 16 years of age but will turn 17 years of
age before the start of the local school council's next
term.
(iii) Each eligible voter shall be entitled to cast one
vote for up to a total of 5 candidates, irrespective of
whether such candidates are parent or community resident
candidates.
(iv) Each parent voter shall be entitled to vote in the
local school council election at each attendance center in
which he or she has a child currently enrolled. Each
community resident voter shall be entitled to vote in the
local school council election at each attendance center for
which he or she resides in the applicable attendance area
or voting district, as the case may be. Each student voter
shall be entitled to vote in the local school council
election for the secondary attendance center in which he or
she is enrolled.

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(v) Each eligible voter shall be entitled to vote once,
but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members and the non-teacher employee
member of each local school council shall be appointed as
provided in subsection (l) below each to serve for a
two-year term coinciding with that of the elected parent
and community resident members.
(vii) At secondary attendance centers, the voting
student member shall be elected by all 10th and 11th grade
students enrolled at the secondary attendance center.
Student voters are entitled to cast one vote for a student
candidate in addition to being eligible to vote for parent
and community resident candidates under this subsection
(d). A student member shall be elected appointed as
provided in subsection (m) below to serve for a one-year
term coinciding with the beginning of the terms of the
elected parent and community members of the local school
council. In order to be eligible to be a student member, a
person must attend the secondary attendance center for
which he or she is running as a member of the local school
council and must be 17 years of age or older or 16 years of
age so long as the student will turn 17 years of age before
the start of the local school council's next term.
(e) The Council shall publicize the date and place of the

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election by posting notices at the attendance center, in public
places within the attendance boundaries of the attendance
center and by distributing notices to the pupils at the
attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters.
(f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date, persons
eligible to run for the Council shall submit their name, date
of birth, social security number, if available, and some
evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or

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

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have been punishable as one or more of the foregoing offenses.
Notwithstanding disclosure, a person who has been convicted of
any of the following offenses within the 10 years previous to
the date of nomination or appointment shall be ineligible for
election or appointment to a local school council: (i) those
defined in Section 401.1, 405.1, or 405.2 of the Illinois
Controlled Substances Act or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
Immediately upon election or appointment, incoming local
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Department of State
Police in the same manner as provided for in Section 34-18.5.
However, notwithstanding Section 34-18.5, the social security
number shall be provided only if available. If it is determined
at any time that a local school council member or member-elect
has been convicted of any of the offenses enumerated in this
Section or failed to disclose a conviction of any of the
offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or
member-elect of such determination and the local school council
member or member-elect shall be removed from the local school

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council by the Board, subject to a hearing, convened pursuant
to Board rule, prior to removal.
(g) At least one week before the election date, the Council
shall publicize, in the manner provided in subsection (e), the
names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the
Council shall determine the winner by lot.
(j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure that,
except as provided in subsections (e) and (g), no resources of
any attendance center shall be used to endorse or promote any
candidate.
(l) Beginning with the 1995-1996 school year and in every
even numbered year thereafter, the Board shall appoint 2
teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are employed
and assigned to perform the majority of their employment
duties at the attendance center to serve on the local
school council of the attendance center for a two-year term
coinciding with the terms of the elected parent and

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community members of that local school council. These
appointments shall be made from among those teachers who
are nominated in accordance with subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the procedures
used to elect parent and community Council
representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members to
local school councils, irrespective of the preferences
expressed in any such poll.
(iii) In the event that a teacher representative is
unable to perform his or her employment duties at the
school due to illness, disability, leave of absence,
disciplinary action, or any other reason, the Board shall
declare a temporary vacancy and appoint a replacement
teacher representative to serve on the local school council
until such time as the teacher member originally appointed
pursuant to this subsection (l) resumes service at the
attendance center or for the remainder of the term. The
replacement teacher representative shall be appointed in

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the same manner and by the same procedures as teacher
representatives are appointed in subdivisions (i) and (ii)
of this subsection (l).
(m) (Blank). Beginning with the 1995-1996 school year, and
in every year thereafter, the Board shall appoint one student
member to each secondary attendance center. These appointments
shall be made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth week
of school and continuing for 2 weeks thereafter. The form
and manner of such candidacy statements shall be determined
by the Board.
(ii) During the twenty-second week of school in every
year, the principal of each attendance center shall conduct
a non-binding, advisory poll to ascertain the preferences
of the school students regarding the appointment of a
student to the local school council for that attendance
center. At such poll, each student shall be entitled to
indicate his or her preference for up to one candidate from
among those who submitted statements of candidacy as
described above. The Board shall promulgate rules to ensure
that these non-binding, advisory polls are conducted in a
fair and equitable manner and maximize the involvement of
all school students. The preferences expressed in these

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non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall be
advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in any
such poll.
(iii) For the 1995-96 school year only, appointments
shall be made from among those students who submitted
statements of candidacy to the principal of the attendance
center during the first 2 weeks of the school year. The
principal shall communicate the results of any nonbinding,
advisory poll to the Board. These results shall be advisory
only, and the Board shall maintain absolute discretion to
appoint student members to local school councils,
irrespective of the preferences expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the vacancy,
except that any teacher vacancy shall be filled by the Board
after considering the preferences of the school staff as
ascertained through a non-binding advisory poll of school
staff.
(p) If less than the specified number of persons is elected

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within each candidate category, the newly elected local school
council shall appoint eligible persons to serve as members of
the Council for 2-year two-year terms or, in the case of a
student member of a high school council, appoint an eligible
person to serve a one-year term.
(q) The Board shall promulgate rules regarding conflicts of
interest and disclosure of economic interests which shall apply
to local school council members and which shall require reports
or statements to be filed by Council members at regular
intervals with the Secretary of the Board. Failure to comply
with such rules or intentionally falsifying such reports shall
be grounds for disqualification from local school council
membership. A vacancy on the Council for disqualification may
be so declared by the Secretary of the Board. Rules regarding
conflicts of interest and disclosure of economic interests
promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the
general superintendent shall provide notice, by mail, to each
local school council member of all requirements and forms for
compliance with economic interest statements.
(r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed by
the Local School Council due to the graduation or voluntary
transfer of a child or children from the attendance center, the
parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's

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graduation or voluntary transfer. If the child of a parent
member of a local school council dies during the member's term
in office, the member may continue to serve on the local school
council for the balance of his or her term. Further, a local
school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of
Section 34-2.2 if the Council member has missed 3 consecutive
regular meetings, not including committee meetings, or 5
regular meetings in a 12 month period, not including committee
meetings. If a parent member of a local school council ceases
to be eligible to serve on the Council for any other reason, he
or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal. A vote to
remove a Council member by the local school council shall only
be valid if the Council member has been notified personally or
by certified mail, mailed to the person's last known address,
of the Council's intent to vote on the Council member's removal
at least 7 days prior to the vote. The Council member in
question shall have the right to explain his or her actions and
shall be eligible to vote on the question of his or her removal
from the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed

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by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible to
serve on the Council, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior to
removal.
(3) A person may continue to serve as a teacher member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the teacher representative resigns
from employment with the Board or voluntarily transfers to
another school, the teacher's membership on the local school
council and all voting rights are terminated immediately as of
the date of the teacher's resignation or upon the date of the
teacher's voluntary transfer to another school. If a teacher
member of a local school council ceases to be eligible to serve
on a local school council for any other reason, that member
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(4) A person may continue to serve as a student member of a
high school council as long as he or she is enrolled in the
attendance center governed by the council. However, a student
graduating from that attendance center at the end of the school
year may continue to serve for the remainder of his or her
term. If a student member ceases to be eligible to serve on the
council, he or she shall be removed by the Board subject to a
hearing, convened pursuant to Board rule, prior to removal.

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