Bill Text: IL SB0101 | 2021-2022 | 102nd General Assembly | Chaptered


Bill Title: Amends provisions related to local school councils in the Chicago School District Article of the School Code. Provides that beginning with the first local school council election that occurs after the effective date of the amendatory Act, a local school council shall be established for each attendance center within the school district, including public small schools within the district. Provides that one full-time student member shall be appointed in each attendance center enrolling students in 7th and 8th grade. In the case of a tie vote in the election of candidates to serve on a local school council, requires the local school council to determine the winner by lottery (rather than lot). Requires the Chicago Board of Education to make public the vetting process of staff member candidates. Allows any staff member seeking candidacy to inquire if the Board may deny the staff member's appointment; requires an inquiry to be made in writing in accordance with Board procedure. Provides for binding elections (rather than non-binding, advisory polls) for the appointment of student members to local school councils. Makes other changes concerning the appointment of teacher and non-teacher staff members and student members to a local school council. Makes changes to provisions concerning vacancies, the calling of special meetings, quorums, the vote to transfer allocations within funds, and limitations upon applicability. Specifies that a local school council retains the right to reject or modify any school improvement plan or implementation thereof, as long as the rejection or modification of the school improvement plan or implementation thereof is consistent with State and federal requirements. Makes changes concerning schools placed on probation, including providing for the restoration of certain powers to the local school councils of schools that have been on probation for 5 years or more. Requires the Board to deliver certain criteria to local school councils by October 31 of each year. Makes other changes. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 27-2)

Status: (Passed) 2021-12-03 - Public Act . . . . . . . . . 102-0677 [SB0101 Detail]

Download: Illinois-2021-SB0101-Chaptered.html



Public Act 102-0677
SB0101 EnrolledLRB102 10486 CMG 15815 b
AN ACT concerning education.
WHEREAS, Postsecondary education is increasingly necessary
for success in the modern workforce; and
WHEREAS, The affordability of college is an ongoing
concern for students, families, and State policymakers; and
WHEREAS, The equitable first-day-of-class access to
effective textbooks and other learning materials plays a
critical role in a student's postsecondary educational
experience; and
WHEREAS, Institutions of higher learning within and
outside of this State are utilizing online educational
software to enhance and personalize a student's learning
experience while driving down the costs of attending college;
therefore,
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
34-2.1, 34-2.2, 34-2.3, 34-2.4b, and 34-8.3 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 School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) Beginning with the first local school council election
that occurs after the effective date of this amendatory Act of
the 102nd General Assembly, a A local school council shall be
established for each attendance center within the school
district, including public small schools within the 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 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 through the 2020-2021 school year, the 12
voting members described above and one full-time student
member, and 15 voting members beginning with the 2021-2022
school year, the 12 voting members described above and 3
full-time student members, appointed as provided in subsection
(m) below. In each attendance center enrolling students in 7th
and 8th grade, one full-time student member shall be appointed
as provided in subsection (m) of this Section. 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
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in
Public Act 86-1477 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) 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. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
(c-5) Notwithstanding subsection (c), for the local school
council election set for the 2019-2020 school year, the Board
may hold the election on the first semester Parent Report Card
Pick-up Day of the 2020-2021 school year, making any necessary
modifications to the election process or date to comply with
guidance from the Department of Public Health and the federal
Centers for Disease Control and Prevention. The terms of
office of all local school council members eligible to serve
and seated on or after March 23, 2020 through January 10, 2021
are extended through January 10, 2021, provided that the
members continue to meet eligibility requirements for local
school council membership.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
(i) The elected members of each local school council
shall consist of the 6 parent members and the 2 community
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), except that the
terms of members elected to a local school council under
subsection (c-5) shall commence on January 11, 2021 and
end on July 1, 2022. Eligible voters for each attendance
center shall consist of the parents and community
residents for that attendance center.
(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.
(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. From March
23, 2020 through January 10, 2021, the chief executive
officer or his or her designee may make accommodations to
fill the vacancy of a teacher or non-teacher employee
member of a local school council.
(vii) At secondary attendance centers and attendance
centers enrolling students in 7th and 8th grade, the
voting student members shall be 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.
For the 2020-2021 school year, the chief executive officer
or his or her designee may make accommodations to fill the
vacancy of a student member of a local school council.
(e) The Council shall publicize the date and place of the
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
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 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 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 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 Illinois 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 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 lottery 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 first local school council election
that occurs after the effective date of this amendatory Act of
the 102nd General Assembly, 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 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. Prior to the appointment of
staff members to local school councils, the Board shall
make public the vetting process of staff member
candidates. Any staff member seeking candidacy shall be
allowed to make an inquiry to the Board to determine if the
Board may deny the appointment of the staff member. An
inquiry made to the Board shall be made in writing in
accordance with Board procedure.
(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 the same manner and by the same procedures as teacher
representatives are appointed in subdivisions (i) and (ii)
of this subsection (l).
(m) Beginning with the 1995-1996 school year through the
2020-2021 school year, the Board shall appoint one student
member to each secondary attendance center. Beginning with the
2021-2022 school year and for every school year thereafter,
the Board shall appoint 3 student members to the local school
council of each secondary attendance center and one student
member to the local school council of each attendance center
enrolling students in 7th and 8th grade. Students enrolled in
grade 6 or above are eligible to be candidates for a local
school council. No attendance center enrolling students in 7th
and 8th grade may have more than one student member, unless the
attendance center enrolls students in grades 7 through 12, in
which case the attendance center may have a total of 3 student
members on the local school council. The Board may establish
criteria for students to be considered eligible to serve as a
student member. 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 binding election a non-binding, advisory poll to
ascertain the preferences of the school students regarding
the appointment of students to the local school council
for that attendance center. At such election 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
elections non-binding, advisory polls are conducted in a
fair and equitable manner and maximize the involvement of
all school students. In the case of a tie vote, the local
school council shall determine the winner by lottery. The
preferences expressed in these elections non-binding,
advisory polls shall be transmitted by the principal to
the Board. These However, these preferences shall be
binding on the Board 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) (Blank). 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 or non-teacher staff 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. In the case of a student
vacancy, the vacancy shall be filled by the preferences of an
election poll of students.
(p) If less than the specified number of persons is
elected 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, as
provided in subsection (c-5) of Section 34-2.2 of this Code.
(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 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 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
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 staff 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 staff teacher
representative resigns from employment with the Board or
voluntarily transfers to another school, the staff member's
teacher's membership on the local school council and all
voting rights are terminated immediately as of the date of the
staff member's teacher's resignation or upon the date of the
staff member's teacher's voluntary transfer to another school.
If a staff 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.
(s) As used in this Section only, "community resident"
means a person, 17 years of age or older, residing within an
attendance area served by a school, excluding any person who
is a parent of a student enrolled in that school; provided that
with respect to any multi-area school, community resident
means any person, 17 years of age or older, residing within the
voting district established for that school pursuant to
Section 34-2.1c, excluding any person who is a parent of a
student enrolled in that school. This definition does not
apply to any provisions concerning school boards.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
102-538, eff. 8-20-21; revised 10-18-21.)
(105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
Sec. 34-2.2. Local school councils; manner councils -
Manner of operation.
(a) The annual organizational meeting of each local school
council shall be held at the attendance center or via
videoconference or teleconference if guidance from the
Department of Public Health or Centers for Disease Control and
Prevention limits the size of in-person meetings at the time
of the meeting. At the annual organization meeting, which
shall be held no sooner than July 1 and no later than July 14,
a parent member of the local school council shall be selected
by the members of such council as its chairperson, and a
secretary shall be selected by the members of such council
from among their number, each to serve a term of one year.
However, an organizational meeting held by members elected to
a local school council under subsection (c-5) of Section
34-2.1 may be held no sooner than January 11, 2021 and no later
than January 31, 2021. Whenever a vacancy in the office of
chairperson or secretary of a local school council shall
occur, a new chairperson (who shall be a parent member) or
secretary, as the case may be, shall be elected by the members
of the local school council from among their number to serve as
such chairperson or secretary for the unexpired term of office
in which the vacancy occurs. At each annual organizational
meeting, the time and place of any regular meetings of the
local school council shall be fixed. Special meetings of the
local school council may be called by the chairperson or by any
4 members from an attendance center enrolling students up to
grade 8 or any 5 members from a secondary attendance center or
an attendance center enrolling students in grades 7 through
12, by giving notice thereof in writing, specifying the time,
place and purpose of the meeting. Public notice of meetings
shall also be given in accordance with the Open Meetings Act.
(b) Members and officers of the local school council shall
serve without compensation and without reimbursement of any
expenses incurred in the performance of their duties, except
that the board of education may by rule establish a procedure
and thereunder provide for reimbursement of members and
officers of local school councils for such of their reasonable
and necessary expenses (excluding any lodging or meal
expenses) incurred in the performance of their duties as the
board may deem appropriate.
(c) A majority of the full membership of the local school
council shall constitute a quorum, except as provided in
subsection (c-5), and whenever a vote is taken on any measure
before the local school council, a quorum being present, the
affirmative vote of a majority of the votes of the full
membership then serving of the local school council shall
determine the outcome thereof; provided that whenever the
measure before the local school council is (i) the evaluation
of the principal, or (ii) the renewal of his or her performance
contract or the inclusion of any provision or modification of
the contract, or (iii) the direct selection by the local
school council of a new principal (including a new principal
to fill a vacancy) to serve under a 4 year performance
contract, or (iv) the determination of the names of candidates
to be submitted to the general superintendent for the position
of principal, the principal and any student members of a local
high school council shall not be counted for purposes of
determining whether a quorum is present to act on the measure
and shall have no vote thereon; and provided further that 7
affirmative votes of the local school council shall be
required for the direct selection by the local school council
of a new principal to serve under a 4 year performance contract
but not for the renewal of a principal's performance contract.
(c-5) If the number of members serving on a the local
school council at an attendance center enrolling students
through the 8th grade falls below 7 members due to vacancies,
then 4 serving members of whom at least 2 are parent or
community elected members of the local school council shall
constitute a quorum for the sole purpose of convening a
meeting to fill vacancies through appointments in accordance
with the process set forth in Section 34-2.1 of this Code. If
the number of members serving on a local school council at a
secondary attendance center falls below 8 members due to
vacancies, then 5 serving members of whom at least 2 are parent
or community members of the local school council shall
constitute a quorum for the sole purpose of convening a
meeting to fill vacancies through appointments in accordance
with the process set forth in Section 34-2.1 of this Code. For
such purposes, the affirmative vote of a majority of those
present shall be required to fill a vacancy through
appointment by the local school council.
(d) Student members of high school councils shall not be
eligible to vote on personnel matters, including but not
limited to principal evaluations and contracts and the
allocation of teaching and staff resources.
(e) The local school council of an attendance center which
provides bilingual education shall be encouraged to provide
translators at each council meeting to maximize participation
of parents and the community.
(f) Each local school council of an attendance center
which provides bilingual education shall create a Bilingual
Advisory Committee or recognize an existing Bilingual Advisory
Committee as a standing committee. The Chair and a majority of
the members of the advisory committee shall be parents of
students in the bilingual education program. The parents on
the advisory committee shall be selected by parents of
students in the bilingual education program, and the committee
shall select a Chair. The advisory committee for each
secondary attendance center shall include at least one
full-time bilingual education student. The Bilingual Advisory
Committee shall serve only in an advisory capacity to the
local school council.
(g) Local school councils may utilize the services of an
arbitration board to resolve intra-council disputes.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
102-296, eff. 8-6-21; revised 10-18-21.)
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
(Text of Section before amendment by P.A. 102-360)
Sec. 34-2.3. Local school councils; powers councils -
Powers and duties. Each local school council shall have and
exercise, consistent with the provisions of this Article and
the powers and duties of the board of education, the following
powers and duties:
1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the
school, (iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to improve
student academic achievement, (v) school management, and (vi)
any other factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement;
(B) to determine in the manner provided by subsection (c)
of Section 34-2.2 and subdivision 1.5 of this Section whether
the performance contract of the principal shall be renewed;
and
(C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal (including a
new principal to fill a vacancy) -- without submitting any
list of candidates for that position to the general
superintendent as provided in paragraph 2 of this Section --
to serve under a 4 year performance contract; provided that
(i) the determination of whether the principal's performance
contract is to be renewed, based upon the evaluation required
by subdivision 1.5 of this Section, shall be made no later than
150 days prior to the expiration of the current
performance-based contract of the principal, (ii) in cases
where such performance contract is not renewed -- a direct
selection of a new principal -- to serve under a 4 year
performance contract shall be made by the local school council
no later than 45 days prior to the expiration of the current
performance contract of the principal, and (iii) a selection
by the local school council of a new principal to fill a
vacancy under a 4 year performance contract shall be made
within 90 days after the date such vacancy occurs. A Council
shall be required, if requested by the principal, to provide
in writing the reasons for the council's not renewing the
principal's contract.
1.5. The local school council's determination of whether
to renew the principal's contract shall be based on an
evaluation to assess the educational and administrative
progress made at the school during the principal's current
performance-based contract. The local school council shall
base its evaluation on (i) student academic improvement, as
defined by the school improvement plan, (ii) student
absenteeism rates at the school, (iii) instructional
leadership, (iv) the effective implementation of programs,
policies, or strategies to improve student academic
achievement, (v) school management, and (vi) any other factors
deemed relevant by the local school council, including,
without limitation, the principal's communication skills and
ability to create and maintain a student-centered learning
environment, to develop opportunities for professional
development, and to encourage parental involvement and
community partnerships to achieve school improvement. If a
local school council fails to renew the performance contract
of a principal rated by the general superintendent, or his or
her designee, in the previous years' evaluations as meeting or
exceeding expectations, the principal, within 15 days after
the local school council's decision not to renew the contract,
may request a review of the local school council's principal
non-retention decision by a hearing officer appointed by the
American Arbitration Association. A local school council
member or members or the general superintendent may support
the principal's request for review. During the period of the
hearing officer's review of the local school council's
decision on whether or not to retain the principal, the local
school council shall maintain all authority to search for and
contract with a person to serve as interim or acting
principal, or as the principal of the attendance center under
a 4-year performance contract, provided that any performance
contract entered into by the local school council shall be
voidable or modified in accordance with the decision of the
hearing officer. The principal may request review only once
while at that attendance center. If a local school council
renews the contract of a principal who failed to obtain a
rating of "meets" or "exceeds expectations" in the general
superintendent's evaluation for the previous year, the general
superintendent, within 15 days after the local school
council's decision to renew the contract, may request a review
of the local school council's principal retention decision by
a hearing officer appointed by the American Arbitration
Association. The general superintendent may request a review
only once for that principal at that attendance center. All
requests to review the retention or non-retention of a
principal shall be submitted to the general superintendent,
who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association. The general
superintendent shall send a contemporaneous copy of the
request that was forwarded to the American Arbitration
Association to the principal and to each local school council
member and shall inform the local school council of its rights
and responsibilities under the arbitration process, including
the local school council's right to representation and the
manner and process by which the Board shall pay the costs of
the council's representation. If the local school council
retains the principal and the general superintendent requests
a review of the retention decision, the local school council
and the general superintendent shall be considered parties to
the arbitration, a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education, and the principal may retain counsel
and participate in the arbitration. If the local school
council does not retain the principal and the principal
requests a review of the retention decision, the local school
council and the principal shall be considered parties to the
arbitration and a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education. The hearing shall begin (i) within
45 days after the initial request for review is submitted by
the principal to the general superintendent or (ii) if the
initial request for review is made by the general
superintendent, within 45 days after that request is mailed to
the American Arbitration Association. The hearing officer
shall render a decision within 45 days after the hearing
begins and within 90 days after the initial request for
review. The Board shall contract with the American Arbitration
Association for all of the hearing officer's reasonable and
necessary costs. In addition, the Board shall pay any
reasonable costs incurred by a local school council for
representation before a hearing officer.
1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or her
designee, and members of the community. The burden of proof in
establishing that the local school council's decision was
arbitrary and capricious shall be on the party requesting the
arbitration, and this party shall sustain the burden by a
preponderance of the evidence. The hearing officer shall set
the local school council decision aside if that decision, in
light of the record developed at the hearing, is arbitrary and
capricious. The decision of the hearing officer may not be
appealed to the Board or the State Board of Education. If the
hearing officer decides that the principal shall be retained,
the retention period shall not exceed 2 years.
2. In the event (i) the local school council does not renew
the performance contract of the principal, or the principal
fails to receive a satisfactory rating as provided in
subsection (h) of Section 34-8.3, or the principal is removed
for cause during the term of his or her performance contract in
the manner provided by Section 34-85, or a vacancy in the
position of principal otherwise occurs prior to the expiration
of the term of a principal's performance contract, and (ii)
the local school council fails to directly select a new
principal to serve under a 4 year performance contract, the
local school council in such event shall submit to the general
superintendent a list of 3 candidates -- listed in the local
school council's order of preference -- for the position of
principal, one of which shall be selected by the general
superintendent to serve as principal of the attendance center.
If the general superintendent fails or refuses to select one
of the candidates on the list to serve as principal within 30
days after being furnished with the candidate list, the
general superintendent shall select and place a principal on
an interim basis (i) for a period not to exceed one year or
(ii) until the local school council selects a new principal
with 7 affirmative votes as provided in subsection (c) of
Section 34-2.2, whichever occurs first. If the local school
council fails or refuses to select and appoint a new
principal, as specified by subsection (c) of Section 34-2.2,
the general superintendent may select and appoint a new
principal on an interim basis for an additional year or until a
new contract principal is selected by the local school
council. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal of
an attendance center (i) if such person has been removed for
cause from employment by the Board or (ii) if such person does
not hold a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required by that
Article for the position of principal. A principal whose
performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if
otherwise qualified and certified as herein provided and if he
or she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3, be included by a local
school council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is to be
selected to serve as principal of the attendance center under
a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school council
does not renew the performance contract of its principal and
does not directly select a new principal to serve under a 4
year performance contract shall be submitted not later than 30
days prior to the expiration of the current performance
contract. In cases where the local school council fails or
refuses to submit the candidate list to the general
superintendent no later than 30 days prior to the expiration
of the incumbent principal's contract, the general
superintendent may appoint a principal on an interim basis for
a period not to exceed one year, during which time the local
school council shall be able to select a new principal with 7
affirmative votes as provided in subsection (c) of Section
34-2.2. In cases where a principal is removed for cause or a
vacancy otherwise occurs in the position of principal and the
vacancy is not filled by direct selection by the local school
council, the candidate list shall be submitted by the local
school council to the general superintendent within 90 days
after the date such removal or vacancy occurs. In cases where
the local school council fails or refuses to submit the
candidate list to the general superintendent within 90 days
after the date of the vacancy, the general superintendent may
appoint a principal on an interim basis for a period of one
year, during which time the local school council shall be able
to select a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as part
of the performance contract of its principal, provided that
such additional criteria shall not discriminate on the basis
of race, sex, creed, color or disability unrelated to ability
to perform, and shall not be inconsistent with the uniform 4
year performance contract for principals developed by the
board as provided in Section 34-8.1 of the School Code or with
other provisions of this Article governing the authority and
responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3 shall
be consistent with and subject to the terms of any contract for
services with a third party entered into by the Chicago School
Reform Board of Trustees or the board under this Act.
Via a supermajority vote of 8 7 members of a the local
school council enrolling students through the 8th grade or 9 8
members of a high school local school council at a secondary
attendance center or an attendance center enrolling students
in grades 7 through 12, the Council may transfer allocations
pursuant to Section 34-2.3 within funds; provided that such a
transfer is consistent with applicable law and collective
bargaining agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total fiscal
year budget for distribution on a prioritized basis to schools
throughout the school system in order to assure adequate
programs to meet the needs of special student populations as
determined by the Board. This distribution shall take into
account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school
councils. Information about these centrally funded programs
shall be distributed to the local school councils so that
their subsequent planning and programming will account for
these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum amount
to each local school based upon such formula as the board shall
determine taking into account the special needs of the student
body. The local school principal shall develop an expenditure
plan in consultation with the local school council, the
professional personnel leadership committee and with all other
school personnel, which reflects the priorities and activities
as described in the school's local school improvement plan and
is consistent with applicable law and collective bargaining
agreements and with board policies and standards; however, the
local school council shall have the right to request waivers
of board policy from the board of education and waivers of
employee collective bargaining agreements pursuant to Section
34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated agreement.
Adjustments shall be made due to layoff or reduction in
force, lack of funds or work, change in subject
requirements, enrollment changes, or contracts with third
parties for the performance of services or to rectify any
inconsistencies with system-wide allocation formulas or
for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, electronic
textbooks and the technological equipment necessary to
gain access to and use electronic textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 or 18-8.15 to which they are entitled. These funds
shall be spent only with the budgetary approval of the
Local School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new ones
consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall have
the right to direct the principal to shift expenditures
within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall be
available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the board
pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the opportunity
to make recommendations concerning the plan. At least twice a
year the principal and local school council shall report
publicly on progress and problems with respect to plan
implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent with
and in furtherance of instructional objectives and school
programs reflective of the school improvement plan adopted for
the attendance center; and to make recommendations to the
board, the general superintendent and the principal concerning
any reallocation of teaching resources or other staff whenever
the council determines that any such reallocation is
appropriate because the qualifications of any existing staff
at the attendance center do not adequately match or support
instructional objectives or school programs which reflect the
school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local school
council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained in
the System-Wide Educational Reform Goals and Objectives Plan,
criteria for evaluation of performance shall be established
for local school councils and local school council members. If
a local school council persists in noncompliance with
systemwide requirements, the Board may impose sanctions and
take necessary corrective action, consistent with Section
34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local school
council shall convene at least 2 well-publicized meetings
annually with its entire school community. These meetings
shall include presentation of the proposed local school
improvement plan, of the proposed school expenditure plan, and
the annual report, and shall provide an opportunity for public
comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform or
dress code policy that governs the attendance center and that
is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred; and
(ii) shall include criteria and procedures under which the
local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable school
uniform or dress code policy. A student whose parents or legal
guardians object on religious grounds to the student's
compliance with an applicable school uniform or dress code
policy shall not be required to comply with that policy if the
student's parents or legal guardians present to the local
school council a signed statement of objection detailing the
grounds for the objection.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 100-465, eff. 8-31-17.)
(Text of Section after amendment by P.A. 102-360)
Sec. 34-2.3. Local school councils; powers councils -
Powers and duties. Each local school council shall have and
exercise, consistent with the provisions of this Article and
the powers and duties of the board of education, the following
powers and duties:
1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the
school, (iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to improve
student academic achievement, (v) school management, and (vi)
any other factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement;
(B) to determine in the manner provided by subsection (c)
of Section 34-2.2 and subdivision 1.5 of this Section whether
the performance contract of the principal shall be renewed;
and
(C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal (including a
new principal to fill a vacancy) -- without submitting any
list of candidates for that position to the general
superintendent as provided in paragraph 2 of this Section --
to serve under a 4 year performance contract; provided that
(i) the determination of whether the principal's performance
contract is to be renewed, based upon the evaluation required
by subdivision 1.5 of this Section, shall be made no later than
150 days prior to the expiration of the current
performance-based contract of the principal, (ii) in cases
where such performance contract is not renewed -- a direct
selection of a new principal -- to serve under a 4 year
performance contract shall be made by the local school council
no later than 45 days prior to the expiration of the current
performance contract of the principal, and (iii) a selection
by the local school council of a new principal to fill a
vacancy under a 4 year performance contract shall be made
within 90 days after the date such vacancy occurs. A Council
shall be required, if requested by the principal, to provide
in writing the reasons for the council's not renewing the
principal's contract.
1.5. The local school council's determination of whether
to renew the principal's contract shall be based on an
evaluation to assess the educational and administrative
progress made at the school during the principal's current
performance-based contract. The local school council shall
base its evaluation on (i) student academic improvement, as
defined by the school improvement plan, (ii) student
absenteeism rates at the school, (iii) instructional
leadership, (iv) the effective implementation of programs,
policies, or strategies to improve student academic
achievement, (v) school management, and (vi) any other factors
deemed relevant by the local school council, including,
without limitation, the principal's communication skills and
ability to create and maintain a student-centered learning
environment, to develop opportunities for professional
development, and to encourage parental involvement and
community partnerships to achieve school improvement. If a
local school council fails to renew the performance contract
of a principal rated by the general superintendent, or his or
her designee, in the previous years' evaluations as meeting or
exceeding expectations, the principal, within 15 days after
the local school council's decision not to renew the contract,
may request a review of the local school council's principal
non-retention decision by a hearing officer appointed by the
American Arbitration Association. A local school council
member or members or the general superintendent may support
the principal's request for review. During the period of the
hearing officer's review of the local school council's
decision on whether or not to retain the principal, the local
school council shall maintain all authority to search for and
contract with a person to serve as interim or acting
principal, or as the principal of the attendance center under
a 4-year performance contract, provided that any performance
contract entered into by the local school council shall be
voidable or modified in accordance with the decision of the
hearing officer. The principal may request review only once
while at that attendance center. If a local school council
renews the contract of a principal who failed to obtain a
rating of "meets" or "exceeds expectations" in the general
superintendent's evaluation for the previous year, the general
superintendent, within 15 days after the local school
council's decision to renew the contract, may request a review
of the local school council's principal retention decision by
a hearing officer appointed by the American Arbitration
Association. The general superintendent may request a review
only once for that principal at that attendance center. All
requests to review the retention or non-retention of a
principal shall be submitted to the general superintendent,
who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association. The general
superintendent shall send a contemporaneous copy of the
request that was forwarded to the American Arbitration
Association to the principal and to each local school council
member and shall inform the local school council of its rights
and responsibilities under the arbitration process, including
the local school council's right to representation and the
manner and process by which the Board shall pay the costs of
the council's representation. If the local school council
retains the principal and the general superintendent requests
a review of the retention decision, the local school council
and the general superintendent shall be considered parties to
the arbitration, a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education, and the principal may retain counsel
and participate in the arbitration. If the local school
council does not retain the principal and the principal
requests a review of the retention decision, the local school
council and the principal shall be considered parties to the
arbitration and a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education. The hearing shall begin (i) within
45 days after the initial request for review is submitted by
the principal to the general superintendent or (ii) if the
initial request for review is made by the general
superintendent, within 45 days after that request is mailed to
the American Arbitration Association. The hearing officer
shall render a decision within 45 days after the hearing
begins and within 90 days after the initial request for
review. The Board shall contract with the American Arbitration
Association for all of the hearing officer's reasonable and
necessary costs. In addition, the Board shall pay any
reasonable costs incurred by a local school council for
representation before a hearing officer.
1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or her
designee, and members of the community. The burden of proof in
establishing that the local school council's decision was
arbitrary and capricious shall be on the party requesting the
arbitration, and this party shall sustain the burden by a
preponderance of the evidence. The hearing officer shall set
the local school council decision aside if that decision, in
light of the record developed at the hearing, is arbitrary and
capricious. The decision of the hearing officer may not be
appealed to the Board or the State Board of Education. If the
hearing officer decides that the principal shall be retained,
the retention period shall not exceed 2 years.
2. In the event (i) the local school council does not renew
the performance contract of the principal, or the principal
fails to receive a satisfactory rating as provided in
subsection (h) of Section 34-8.3, or the principal is removed
for cause during the term of his or her performance contract in
the manner provided by Section 34-85, or a vacancy in the
position of principal otherwise occurs prior to the expiration
of the term of a principal's performance contract, and (ii)
the local school council fails to directly select a new
principal to serve under a 4 year performance contract, the
local school council in such event shall submit to the general
superintendent a list of 3 candidates -- listed in the local
school council's order of preference -- for the position of
principal, one of which shall be selected by the general
superintendent to serve as principal of the attendance center.
If the general superintendent fails or refuses to select one
of the candidates on the list to serve as principal within 30
days after being furnished with the candidate list, the
general superintendent shall select and place a principal on
an interim basis (i) for a period not to exceed one year or
(ii) until the local school council selects a new principal
with 7 affirmative votes as provided in subsection (c) of
Section 34-2.2, whichever occurs first. If the local school
council fails or refuses to select and appoint a new
principal, as specified by subsection (c) of Section 34-2.2,
the general superintendent may select and appoint a new
principal on an interim basis for an additional year or until a
new contract principal is selected by the local school
council. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal of
an attendance center (i) if such person has been removed for
cause from employment by the Board or (ii) if such person does
not hold a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required by that
Article for the position of principal. A principal whose
performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if
otherwise qualified and certified as herein provided and if he
or she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3, be included by a local
school council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is to be
selected to serve as principal of the attendance center under
a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school council
does not renew the performance contract of its principal and
does not directly select a new principal to serve under a 4
year performance contract shall be submitted not later than 30
days prior to the expiration of the current performance
contract. In cases where the local school council fails or
refuses to submit the candidate list to the general
superintendent no later than 30 days prior to the expiration
of the incumbent principal's contract, the general
superintendent may appoint a principal on an interim basis for
a period not to exceed one year, during which time the local
school council shall be able to select a new principal with 7
affirmative votes as provided in subsection (c) of Section
34-2.2. In cases where a principal is removed for cause or a
vacancy otherwise occurs in the position of principal and the
vacancy is not filled by direct selection by the local school
council, the candidate list shall be submitted by the local
school council to the general superintendent within 90 days
after the date such removal or vacancy occurs. In cases where
the local school council fails or refuses to submit the
candidate list to the general superintendent within 90 days
after the date of the vacancy, the general superintendent may
appoint a principal on an interim basis for a period of one
year, during which time the local school council shall be able
to select a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as part
of the performance contract of its principal, provided that
such additional criteria shall not discriminate on the basis
of race, sex, creed, color or disability unrelated to ability
to perform, and shall not be inconsistent with the uniform 4
year performance contract for principals developed by the
board as provided in Section 34-8.1 of the School Code or with
other provisions of this Article governing the authority and
responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3 shall
be consistent with and subject to the terms of any contract for
services with a third party entered into by the Chicago School
Reform Board of Trustees or the board under this Act.
Via a supermajority vote of 8 7 members of a the local
school council enrolling students through the 8th grade or 9 8
members of a high school local school council at a secondary
attendance center or an attendance center enrolling students
in grades 7 through 12, the Council may transfer allocations
pursuant to Section 34-2.3 within funds; provided that such a
transfer is consistent with applicable law and collective
bargaining agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total fiscal
year budget for distribution on a prioritized basis to schools
throughout the school system in order to assure adequate
programs to meet the needs of special student populations as
determined by the Board. This distribution shall take into
account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school
councils. Information about these centrally funded programs
shall be distributed to the local school councils so that
their subsequent planning and programming will account for
these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum amount
to each local school based upon such formula as the board shall
determine taking into account the special needs of the student
body. The local school principal shall develop an expenditure
plan in consultation with the local school council, the
professional personnel leadership committee and with all other
school personnel, which reflects the priorities and activities
as described in the school's local school improvement plan and
is consistent with applicable law and collective bargaining
agreements and with board policies and standards; however, the
local school council shall have the right to request waivers
of board policy from the board of education and waivers of
employee collective bargaining agreements pursuant to Section
34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated agreement.
Adjustments shall be made due to layoff or reduction in
force, lack of funds or work, change in subject
requirements, enrollment changes, or contracts with third
parties for the performance of services or to rectify any
inconsistencies with system-wide allocation formulas or
for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, electronic
textbooks and the technological equipment necessary to
gain access to and use electronic textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 or 18-8.15 to which they are entitled. These funds
shall be spent only with the budgetary approval of the
Local School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new ones
consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall have
the right to direct the principal to shift expenditures
within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall be
available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the board
pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the opportunity
to make recommendations concerning the plan. At least twice a
year the principal and local school council shall report
publicly on progress and problems with respect to plan
implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent with
and in furtherance of instructional objectives and school
programs reflective of the school improvement plan adopted for
the attendance center; and to make recommendations to the
board, the general superintendent and the principal concerning
any reallocation of teaching resources or other staff whenever
the council determines that any such reallocation is
appropriate because the qualifications of any existing staff
at the attendance center do not adequately match or support
instructional objectives or school programs which reflect the
school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local school
council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained in
the System-Wide Educational Reform Goals and Objectives Plan,
criteria for evaluation of performance shall be established
for local school councils and local school council members. If
a local school council persists in noncompliance with
systemwide requirements, the Board may impose sanctions and
take necessary corrective action, consistent with Section
34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local school
council shall convene at least 2 well-publicized meetings
annually with its entire school community. These meetings
shall include presentation of the proposed local school
improvement plan, of the proposed school expenditure plan, and
the annual report, and shall provide an opportunity for public
comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform or
dress code policy that governs the attendance center and that
is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred;
(ii) shall include criteria and procedures under which the
local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable school
uniform or dress code policy; and (iii) shall not include or
apply to hairstyles, including hairstyles historically
associated with race, ethnicity, or hair texture, including,
but not limited to, protective hairstyles such as braids,
locks, and twists. A student whose parents or legal guardians
object on religious grounds to the student's compliance with
an applicable school uniform or dress code policy shall not be
required to comply with that policy if the student's parents
or legal guardians present to the local school council a
signed statement of objection detailing the grounds for the
objection. If a local school council does not comply with the
requirements and prohibitions set forth in this paragraph 14,
the attendance center is subject to the penalty imposed
pursuant to subsection (a) of Section 2-3.25.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 102-360, eff. 1-1-22.)
(105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
Sec. 34-2.4b. Limitation upon applicability. Beginning
with the first local school council election that occurs after
the effective date of this amendatory Act of the 102nd General
Assembly, the The provisions of Sections 34-2.1, 34-2.2,
34-2.3, 34-2.3a, 34-2.4 and 34-8.3, and those provisions of
paragraph 1 of Section 34-18 and paragraph (c) of Section
34A-201a relating to the allocation or application -- by
formula or otherwise -- of lump sum amounts and other funds to
attendance centers, shall not apply to attendance centers that
have applied for and been designated as a "Small School" by the
Board, the Cook County Juvenile Detention Center and Cook
County Jail schools, nor to the district's alternative schools
for pregnant girls, nor to alternative schools established
under Article 13A, nor to a contract school, nor to the Michael
R. Durso School, the Jackson Adult Center, the Hillard Adult
Center, the Alternative Transitional School, or any other
attendance center designated by the Board as an alternative
school, nor to any school established as a teacher training
academy, nor to any school with a specialty 2-year programming
model, nor to any school established as a one-year school or
program, nor to any school with a specialty student focus or
transient student population, provided that the designation is
not applied to an attendance center that has in place a legally
constituted local school council, except for contract
turnaround schools. The board of education shall have and
exercise with respect to those schools and with respect to the
conduct, operation, affairs and budgets of those schools, and
with respect to the principals, teachers and other school
staff there employed, the same powers which are exercisable by
local school councils with respect to the other attendance
centers, principals, teachers and school staff within the
district, together with all powers and duties generally
exercisable by the board of education with respect to all
attendance centers within the district. The board of education
shall develop appropriate alternative methods for involving
parents, community members and school staff to the maximum
extent possible in all of the activities of those schools, and
may delegate to the parents, community members and school
staff so involved the same powers which are exercisable by
local school councils with respect to other attendance
centers.
(Source: P.A. 96-105, eff. 7-30-09.)
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance
centers.
(a) The general superintendent shall monitor the
performance of the attendance centers within the district and
shall identify attendance centers, pursuant to criteria that
the board shall establish, in which:
(1) there is a failure to develop, implement, or
comply with a school improvement plan;
(2) there is a pervasive breakdown in the educational
program as indicated by factors, including, but not
limited to, the absence of improvement in student reading
and math achievement scores, an increased drop-out rate, a
decreased graduation rate, and a decrease in rate of
student attendance;
(3) (blank); or
(4) there is a failure or refusal to comply with the
provisions of this Act, other applicable laws, collective
bargaining agreements, court orders, or with Board rules
which the Board is authorized to promulgate.
(b) If the general superintendent identifies a
nonperforming school as described herein, he or she shall
place the attendance center on remediation by developing a
remediation plan for the center. The purpose of the
remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the
following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding for
training for the local school council;
(3) directing implementation of a school improvement
plan;
(4) mediating disputes or other obstacles to reform or
improvement at the attendance center.
Nothing in this Section removes any authority of the local
school council, which shall retain the right to reject or
modify any school improvement plan or implementation thereof,
as long as the rejection or modification of any school
improvement plan or implementation thereof is consistent with
State and federal requirements.
If, however, the general superintendent determines that
the problems are not able to be remediated by these methods,
the general superintendent shall place the attendance center
on probation. The board shall establish guidelines that
determine the factors for placing an attendance center on
probation.
(c) Each school placed on probation shall have a school
improvement plan and school budget for correcting deficiencies
identified by the board. The plan shall include specific steps
that the local school council and school staff must take to
correct identified deficiencies and specific objective
criteria by which the school's subsequent progress will be
determined. The school budget shall include specific
expenditures directly calculated to correct educational and
operational deficiencies identified at the school by the
probation team.
(d) Schools placed on probation that, after a maximum of
one year, fail to make adequate progress in correcting
deficiencies are subject to the following actions by the
general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
provisions of Section 24A-5.
(4) Reconstitution of the attendance center and
replacement and reassignment by the general superintendent
of all employees of the attendance center.
(5) Intervention under Section 34-8.4.
(5.5) Operating an attendance center as a contract
turnaround school.
(6) Closing of the school.
(e) Schools placed on probation shall remain on probation
from year to year until deficiencies are corrected, even if
such schools make acceptable annual progress. The board shall
establish, in writing, criteria for determining whether or not
a school shall remain on probation. If academic achievement
tests are used as the factor for placing a school on probation,
the general superintendent shall consider objective criteria,
not just an increase in test scores, in deciding whether or not
a school shall remain on probation. These criteria shall
include attendance, test scores, student mobility rates,
poverty rates, bilingual education eligibility, special
education, and English language proficiency programs, with
progress made in these areas being taken into consideration in
deciding whether or not a school shall remain on probation.
Such criteria shall be delivered to each local school council
on or before October 31 of each year.
(e-5) Notwithstanding any other provision of this Section
to the contrary, a school that has been on probation for 5
years or more shall have the following powers restored to its
local school council:
(1) to grant approval of the school improvement plan;
and
(2) to approve the school budget.
With respect to the employment, dismissal, and evaluation
of a school principal, the local school council of a school
that has been on probation for 5 years or more shall conduct a
non-binding poll that must be considered by the network chief.
The network chief shall work collaboratively with the local
school council throughout the process of employment,
dismissal, and evaluation of a school principal.
(f) Where the board has reason to believe that violations
of civil rights, or of civil or criminal law have occurred, or
when the general superintendent deems that the school is in
educational crisis it may take immediate corrective action,
including the actions specified in this Section, without first
placing the school on remediation or probation. Nothing
described herein shall limit the authority of the board as
provided by any law of this State. The board shall develop
criteria governing the determination regarding when a school
is in educational crisis. Such criteria shall be delivered to
each local school council on or before October 31 of each year.
(g) All persons serving as subdistrict superintendent on
May 1, 1995 shall be deemed by operation of law to be serving
under a performance contract which expires on June 30, 1995,
and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board
shall have no obligation to compensate any such person as a
subdistrict superintendent after June 30, 1995.
(h) The general superintendent shall, in consultation with
local school councils, conduct an annual evaluation of each
principal in the district pursuant to guidelines promulgated
by the Board of Education.
(Source: P.A. 96-105, eff. 7-30-09.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
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