Bill Text: IL HB2276 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-14 - Referred to Rules Committee [HB2276 Detail]

Download: Illinois-2023-HB2276-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2276

Introduced , by Rep. Eva-Dina Delgado

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

Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
534-2.1 as follows:
6 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
7 Sec. 34-2.1. Local school councils; composition; voter
8eligibility; elections; terms.
9 (a) Beginning with the first local school council election
10that occurs after December 3, 2021 (the effective date of
11Public Act 102-677), a local school council shall be
12established for each attendance center within the school
13district, including public small schools within the district.
14Each local school council shall consist of the following 12
15voting members: the principal of the attendance center, 2
16teachers employed and assigned to perform the majority of
17their employment duties at the attendance center, 6 parents of
18students currently enrolled at the attendance center, one
19employee of the school district employed and assigned to
20perform the majority of his or her employment duties at the
21attendance center who is not a teacher, and 2 community
22residents. Neither the parents nor the community residents who
23serve as members of the local school council shall be

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1employees of the Board of Education. In each secondary
2attendance center, the local school council shall consist of
313 voting members through the 2020-2021 school year, the 12
4voting members described above and one full-time student
5member, and 15 voting members beginning with the 2021-2022
6school year, the 12 voting members described above and 3
7full-time student members, appointed as provided in subsection
8(m) below. In each attendance center enrolling students in 7th
9and 8th grade, one full-time student member shall be appointed
10as provided in subsection (m) of this Section. In the event
11that the chief executive officer of the Chicago School Reform
12Board of Trustees determines that a local school council is
13not carrying out its financial duties effectively, the chief
14executive officer is authorized to appoint a representative of
15the business community with experience in finance and
16management to serve as an advisor to the local school council
17for the purpose of providing advice and assistance to the
18local school council on fiscal matters. The advisor shall have
19access to relevant financial records of the local school
20council. The advisor may attend executive sessions. The chief
21executive officer shall issue a written policy defining the
22circumstances under which a local school council is not
23carrying out its financial duties effectively.
24 (b) Within 7 days of January 11, 1991, the Mayor shall
25appoint the members and officers (a Chairperson who shall be a
26parent member and a Secretary) of each local school council

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1who shall hold their offices until their successors shall be
2elected and qualified. Members so appointed shall have all the
3powers and duties of local school councils as set forth in
4Public Act 86-1477. The Mayor's appointments shall not require
5approval by the City Council.
6 The membership of each local school council shall be
7encouraged to be reflective of the racial and ethnic
8composition of the student population of the attendance center
9served by the local school council.
10 (c) Beginning with the 1995-1996 school year and in every
11even-numbered year thereafter, the Board shall set second
12semester Parent Report Card Pick-up Day for Local School
13Council elections and may schedule elections at year-round
14schools for the same dates as the remainder of the school
15system. Elections shall be conducted as provided herein by the
16Board of Education in consultation with the local school
17council at each attendance center.
18 (c-5) Notwithstanding subsection (c), for the local school
19council election set for the 2019-2020 school year, the Board
20may hold the election on the first semester Parent Report Card
21Pick-up Day of the 2020-2021 school year, making any necessary
22modifications to the election process or date to comply with
23guidance from the Department of Public Health and the federal
24Centers for Disease Control and Prevention. The terms of
25office of all local school council members eligible to serve
26and seated on or after March 23, 2020 through January 10, 2021

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1are extended through January 10, 2021, provided that the
2members continue to meet eligibility requirements for local
3school council membership.
4 (d) Beginning with the 1995-96 school year, the following
5procedures shall apply to the election of local school council
6members at each attendance center:
7 (i) The elected members of each local school council
8 shall consist of the 6 parent members and the 2 community
9 resident members.
10 (ii) Each elected member shall be elected by the
11 eligible voters of that attendance center to serve for a
12 two-year term commencing on July 1 immediately following
13 the election described in subsection (c), except that the
14 terms of members elected to a local school council under
15 subsection (c-5) shall commence on January 11, 2021 and
16 end on July 1, 2022. Eligible voters for each attendance
17 center shall consist of the parents and community
18 residents for that attendance center.
19 (iii) Each eligible voter shall be entitled to cast
20 one vote for up to a total of 5 candidates, irrespective of
21 whether such candidates are parent or community resident
22 candidates.
23 (iv) Each parent voter shall be entitled to vote in
24 the local school council election at each attendance
25 center in which he or she has a child currently enrolled.
26 Each community resident voter shall be entitled to vote in

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1 the local school council election at each attendance
2 center for which he or she resides in the applicable
3 attendance area or voting district, as the case may be.
4 (v) Each eligible voter shall be entitled to vote
5 once, but not more than once, in the local school council
6 election at each attendance center at which the voter is
7 eligible to vote.
8 (vi) The 2 teacher members and the non-teacher
9 employee member of each local school council shall be
10 appointed as provided in subsection (l) below each to
11 serve for a two-year term coinciding with that of the
12 elected parent and community resident members. From March
13 23, 2020 through January 10, 2021, the chief executive
14 officer or his or her designee may make accommodations to
15 fill the vacancy of a teacher or non-teacher employee
16 member of a local school council.
17 (vii) At secondary attendance centers and attendance
18 centers enrolling students in 7th and 8th grade, the
19 voting student members shall be appointed as provided in
20 subsection (m) below to serve for a one-year term
21 coinciding with the beginning of the terms of the elected
22 parent and community members of the local school council.
23 For the 2020-2021 school year, the chief executive officer
24 or his or her designee may make accommodations to fill the
25 vacancy of a student member of a local school council.
26 (e) The Council shall publicize the date and place of the

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1election by posting notices at the attendance center, in
2public places within the attendance boundaries of the
3attendance center and by distributing notices to the pupils at
4the attendance center, and shall utilize such other means as
5it deems necessary to maximize the involvement of all eligible
6voters.
7 (f) Nomination. The Council shall publicize the opening of
8nominations by posting notices at the attendance center, in
9public places within the attendance boundaries of the
10attendance center and by distributing notices to the pupils at
11the attendance center, and shall utilize such other means as
12it deems necessary to maximize the involvement of all eligible
13voters. Not less than 2 weeks before the election date,
14persons eligible to run for the Council shall submit their
15name, date of birth, social security number, if available, and
16some evidence of eligibility to the Council. The Council shall
17encourage nomination of candidates reflecting the
18racial/ethnic population of the students at the attendance
19center. Each person nominated who runs as a candidate shall
20disclose, in a manner determined by the Board, any economic
21interest held by such person, by such person's spouse or
22children, or by each business entity in which such person has
23an ownership interest, in any contract with the Board, any
24local school council or any public school in the school
25district. Each person nominated who runs as a candidate shall
26also disclose, in a manner determined by the Board, if he or

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1she ever has been convicted of any of the offenses specified in
2subsection (c) of Section 34-18.5; provided that neither this
3provision nor any other provision of this Section shall be
4deemed to require the disclosure of any information that is
5contained in any law enforcement record or juvenile court
6record that is confidential or whose accessibility or
7disclosure is restricted or prohibited under Section 5-901 or
85-905 of the Juvenile Court Act of 1987. Failure to make such
9disclosure shall render a person ineligible for election or to
10serve on the local school council. The same disclosure shall
11be required of persons under consideration for appointment to
12the Council pursuant to subsections (l) and (m) of this
13Section.
14 Upon the election or appointment of a local school council
15member, the school district shall perform a check of the Dru
16Sjodin National Sex Offender Public Website, the Statewide Sex
17Offender Database, and the Statewide Murderer and Violent
18Offender Against Youth Database. An individual is ineligible
19for election or appointment to a local school council if he or
20she appears on the Dru Sjodin National Sex Offender Public
21Website or the Statewide Sex Offender Database or Statewide
22Murderer and Violent Offender Against Youth Database under
23Section 34-18.5. If the general superintendent determines at
24any time that a local school council member or member-elect
25appears on the Dru Sjodin National Sex Offender Public Website
26or the Statewide Sex Offender Database or Statewide Murderer

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1and Violent Offender Against Youth Database, the general
2superintendent must notify the local school council member or
3member-elect of such determination and the local school
4council member or member-elect must be removed from the local
5school council by the board, subject to a hearing, convened
6pursuant to board rule, prior to removal.
7 Notwithstanding any other provision of law to the
8contrary, a local school council member must comply with all
9applicable board rules and policies regarding employees or
10volunteers.
11 (f-5) (Blank). Notwithstanding disclosure, a person who
12has been convicted of any of the following offenses at any time
13shall be ineligible for election or appointment to a local
14school council and ineligible for appointment to a local
15school council pursuant to subsections (l) and (m) of this
16Section: (i) those defined in Section 11-1.20, 11-1.30,
1711-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16,
1811-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
1912-13, 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2)
20of Section 11-14.3, of the Criminal Code of 1961 or the
21Criminal Code of 2012, or (ii) any offense committed or
22attempted in any other state or against the laws of the United
23States, which, if committed or attempted in this State, would
24have been punishable as one or more of the foregoing offenses.
25Notwithstanding disclosure, a person who has been convicted of
26any of the following offenses within the 10 years previous to

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1the date of nomination or appointment shall be ineligible for
2election or appointment to a local school council: (i) those
3defined in Section 401.1, 405.1, or 405.2 of the Illinois
4Controlled Substances Act or (ii) any offense committed or
5attempted in any other state or against the laws of the United
6States, which, if committed or attempted in this State, would
7have been punishable as one or more of the foregoing offenses.
8 Immediately upon election or appointment, incoming local
9school council members shall be required to undergo a criminal
10background investigation, to be completed prior to the member
11taking office, in order to identify any criminal convictions
12under the offenses enumerated in Section 34-18.5. The
13investigation shall be conducted by the Illinois State Police
14in the same manner as provided for in Section 34-18.5.
15However, notwithstanding Section 34-18.5, the social security
16number shall be provided only if available. If it is
17determined at any time that a local school council member or
18member-elect has been convicted of any of the offenses
19enumerated in this Section or failed to disclose a conviction
20of any of the offenses enumerated in Section 34-18.5, the
21general superintendent shall notify the local school council
22member or member-elect of such determination and the local
23school council member or member-elect shall be removed from
24the local school council by the Board, subject to a hearing,
25convened pursuant to Board rule, prior to removal.
26 (g) At least one week before the election date, the

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1Council shall publicize, in the manner provided in subsection
2(e), the names of persons nominated for election.
3 (h) Voting shall be in person by secret ballot at the
4attendance center between the hours of 6:00 a.m. and 7:00 p.m.
5 (i) Candidates receiving the highest number of votes shall
6be declared elected by the Council. In cases of a tie, the
7Council shall determine the winner by lottery.
8 (j) The Council shall certify the results of the election
9and shall publish the results in the minutes of the Council.
10 (k) The general superintendent shall resolve any disputes
11concerning election procedure or results and shall ensure
12that, except as provided in subsections (e) and (g), no
13resources of any attendance center shall be used to endorse or
14promote any candidate.
15 (l) Beginning with the first local school council election
16that occurs after December 3, 2021 (the effective date of
17Public Act 102-677), in every even numbered year, the Board
18shall appoint 2 teacher members to each local school council.
19These appointments shall be made in the following manner:
20 (i) The Board shall appoint 2 teachers who are
21 employed and assigned to perform the majority of their
22 employment duties at the attendance center to serve on the
23 local school council of the attendance center for a
24 two-year term coinciding with the terms of the elected
25 parent and community members of that local school council.
26 These appointments shall be made from among those teachers

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1 who are nominated in accordance with subsection (f).
2 (ii) A non-binding, advisory poll to ascertain the
3 preferences of the school staff regarding appointments of
4 teachers to the local school council for that attendance
5 center shall be conducted in accordance with the
6 procedures used to elect parent and community Council
7 representatives. At such poll, each member of the school
8 staff shall be entitled to indicate his or her preference
9 for up to 2 candidates from among those who submitted
10 statements of candidacy as described above. These
11 preferences shall be advisory only and the Board shall
12 maintain absolute discretion to appoint teacher members to
13 local school councils, irrespective of the preferences
14 expressed in any such poll. Prior to the appointment of
15 staff members to local school councils, the Board shall
16 make public the vetting process of staff member
17 candidates. Any staff member seeking candidacy shall be
18 allowed to make an inquiry to the Board to determine if the
19 Board may deny the appointment of the staff member. An
20 inquiry made to the Board shall be made in writing in
21 accordance with Board procedure.
22 (iii) In the event that a teacher representative is
23 unable to perform his or her employment duties at the
24 school due to illness, disability, leave of absence,
25 disciplinary action, or any other reason, the Board shall
26 declare a temporary vacancy and appoint a replacement

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1 teacher representative to serve on the local school
2 council until such time as the teacher member originally
3 appointed pursuant to this subsection (l) resumes service
4 at the attendance center or for the remainder of the term.
5 The replacement teacher representative shall be appointed
6 in the same manner and by the same procedures as teacher
7 representatives are appointed in subdivisions (i) and (ii)
8 of this subsection (l).
9 (m) Beginning with the 1995-1996 school year through the
102020-2021 school year, the Board shall appoint one student
11member to each secondary attendance center. Beginning with the
122021-2022 school year and for every school year thereafter,
13the Board shall appoint 3 student members to the local school
14council of each secondary attendance center and one student
15member to the local school council of each attendance center
16enrolling students in 7th and 8th grade. Students enrolled in
17grade 6 or above are eligible to be candidates for a local
18school council. No attendance center enrolling students in 7th
19and 8th grade may have more than one student member, unless the
20attendance center enrolls students in grades 7 through 12, in
21which case the attendance center may have a total of 3 student
22members on the local school council. The Board may establish
23criteria for students to be considered eligible to serve as a
24student member. These appointments shall be made in the
25following manner:
26 (i) Appointments shall be made from among those

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1 students who submit statements of candidacy to the
2 principal of the attendance center, such statements to be
3 submitted commencing on the first day of the twentieth
4 week of school and continuing for 2 weeks thereafter. The
5 form and manner of such candidacy statements shall be
6 determined by the Board.
7 (ii) During the twenty-second week of school in every
8 year, the principal of each attendance center shall
9 conduct a binding election to ascertain the preferences of
10 the school students regarding the appointment of students
11 to the local school council for that attendance center. At
12 such election, each student shall be entitled to indicate
13 his or her preference for up to one candidate from among
14 those who submitted statements of candidacy as described
15 above. The Board shall promulgate rules to ensure that
16 these elections are conducted in a fair and equitable
17 manner and maximize the involvement of all school
18 students. In the case of a tie vote, the local school
19 council shall determine the winner by lottery. The
20 preferences expressed in these elections shall be
21 transmitted by the principal to the Board. These
22 preferences shall be binding on the Board.
23 (iii) (Blank).
24 (n) The Board may promulgate such other rules and
25regulations for election procedures as may be deemed necessary
26to ensure fair elections.

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1 (o) In the event that a vacancy occurs during a member's
2term, the Council shall appoint a person eligible to serve on
3the Council to fill the unexpired term created by the vacancy,
4except that any teacher or non-teacher staff vacancy shall be
5filled by the Board after considering the preferences of the
6school staff as ascertained through a non-binding advisory
7poll of school staff. In the case of a student vacancy, the
8vacancy shall be filled by the preferences of an election poll
9of students.
10 (p) If less than the specified number of persons is
11elected within each candidate category, the newly elected
12local school council shall appoint eligible persons to serve
13as members of the Council for 2-year terms, as provided in
14subsection (c-5) of Section 34-2.2 of this Code.
15 (q) The Board shall promulgate rules regarding conflicts
16of interest and disclosure of economic interests which shall
17apply to local school council members and which shall require
18reports or statements to be filed by Council members at
19regular intervals with the Secretary of the Board. Failure to
20comply with such rules or intentionally falsifying such
21reports shall be grounds for disqualification from local
22school council membership. A vacancy on the Council for
23disqualification may be so declared by the Secretary of the
24Board. Rules regarding conflicts of interest and disclosure of
25economic interests promulgated by the Board shall apply to
26local school council members. No less than 45 days prior to the

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1deadline, the general superintendent shall provide notice, by
2mail, to each local school council member of all requirements
3and forms for compliance with economic interest statements.
4 (r) (1) If a parent member of a local school council ceases
5to have any child enrolled in the attendance center governed
6by the Local School Council due to the graduation or voluntary
7transfer of a child or children from the attendance center,
8the parent's membership on the Local School Council and all
9voting rights are terminated immediately as of the date of the
10child's graduation or voluntary transfer. If the child of a
11parent member of a local school council dies during the
12member's term in office, the member may continue to serve on
13the local school council for the balance of his or her term.
14Further, a local school council member may be removed from the
15Council by a majority vote of the Council as provided in
16subsection (c) of Section 34-2.2 if the Council member has
17missed 3 consecutive regular meetings, not including committee
18meetings, or 5 regular meetings in a 12-month period, not
19including committee meetings. If a parent member of a local
20school council ceases to be eligible to serve on the Council
21for any other reason, he or she shall be removed by the Board
22subject to a hearing, convened pursuant to Board rule, prior
23to removal. A vote to remove a Council member by the local
24school council shall only be valid if the Council member has
25been notified personally or by certified mail, mailed to the
26person's last known address, of the Council's intent to vote

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1on the Council member's removal at least 7 days prior to the
2vote. The Council member in question shall have the right to
3explain his or her actions and shall be eligible to vote on the
4question of his or her removal from the Council. The
5provisions of this subsection shall be contained within the
6petitions used to nominate Council candidates.
7 (2) A person may continue to serve as a community resident
8member of a local school council as long as he or she resides
9in the attendance area served by the school and is not employed
10by the Board nor is a parent of a student enrolled at the
11school. If a community resident member ceases to be eligible
12to serve on the Council, he or she shall be removed by the
13Board subject to a hearing, convened pursuant to Board rule,
14prior to removal.
15 (3) A person may continue to serve as a staff member of a
16local school council as long as he or she is employed and
17assigned to perform a majority of his or her duties at the
18school, provided that if the staff representative resigns from
19employment with the Board or voluntarily transfers to another
20school, the staff member's membership on the local school
21council and all voting rights are terminated immediately as of
22the date of the staff member's resignation or upon the date of
23the staff member's voluntary transfer to another school. If a
24staff member of a local school council ceases to be eligible to
25serve on a local school council for any other reason, that
26member shall be removed by the Board subject to a hearing,

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1convened pursuant to Board rule, prior to removal.
2 (s) As used in this Section only, "community resident"
3means a person, 17 years of age or older, residing within an
4attendance area served by a school, excluding any person who
5is a parent of a student enrolled in that school; provided that
6with respect to any multi-area school, community resident
7means any person, 17 years of age or older, residing within the
8voting district established for that school pursuant to
9Section 34-2.1c, excluding any person who is a parent of a
10student enrolled in that school. This definition does not
11apply to any provisions concerning school boards.
12(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
13102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff.
145-13-22.)
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