Bill Text: IL SB2042 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Amends the Chicago School District Article of the School Code. Provides that a local school council shall be established for each public small school within the school district. Provides that in each attendance center enrolling students in 7th or 8th grade, one full-time student member shall be appointed, although no attendance center shall have more than one student member. With respect to the appointment of teacher members to local schools councils by the Chicago Board of Education, requires the Board to make public the vetting process of teacher candidates. Allows any member of the school community to make an inquiry to the Board to determine if the Board may challenge a teacher's candidacy. Provides for binding elections (rather than non-binding, advisory polls) for the appointment of student members to local school councils. Allows the Board to establish criteria for students to be considered eligible to serve as a student member. Makes changes concerning limitations upon applicability and remediation and probation of attendance centers. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2021-06-15 - Referred to Rules Committee [SB2042 Detail]

Download: Illinois-2021-SB2042-Engrossed.html



SB2042 EngrossedLRB102 16607 CMG 22005 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
534-2.1, 34-2.2, 34-2.4b, and 34-8.3 as follows:
6 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
7 Sec. 34-2.1. Local School Councils - Composition -
8Voter-Eligibility - Elections - Terms.
9 (a) Notwithstanding any other provision of law, a A local
10school council shall be established for each attendance center
11within the school district, including public small schools
12within the district. Each local school council shall consist
13of the following 12 voting members: the principal of the
14attendance center, 2 teachers employed and assigned to perform
15the majority of their employment duties at the attendance
16center, 6 parents of students currently enrolled at the
17attendance center, one employee of the school district
18employed and assigned to perform the majority of his or her
19employment duties at the attendance center who is not a
20teacher, and 2 community residents. Neither the parents nor
21the community residents who serve as members of the local
22school council shall be employees of the Board of Education.
23In each secondary attendance center, the local school council

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1shall consist of 13 voting members -- the 12 voting members
2described above and one full-time student member, appointed as
3provided in subsection (m) below. In each attendance center
4enrolling students in 7th or 8th grade, one full-time student
5member shall be appointed as provided in subsection (m) of
6this Section. In the event that the chief executive officer of
7the Chicago School Reform Board of Trustees determines that a
8local school council is not carrying out its financial duties
9effectively, the chief executive officer is authorized to
10appoint a representative of the business community with
11experience in finance and management to serve as an advisor to
12the local school council for the purpose of providing advice
13and assistance to the local school council on fiscal matters.
14The advisor shall have access to relevant financial records of
15the local school council. The advisor may attend executive
16sessions. The chief executive officer shall issue a written
17policy defining the circumstances under which a local school
18council is not carrying out its financial duties effectively.
19 (b) Within 7 days of January 11, 1991, the Mayor shall
20appoint the members and officers (a Chairperson who shall be a
21parent member and a Secretary) of each local school council
22who shall hold their offices until their successors shall be
23elected and qualified. Members so appointed shall have all the
24powers and duties of local school councils as set forth in this
25amendatory Act of 1991. The Mayor's appointments shall not
26require approval by the City Council.

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1 The membership of each local school council shall be
2encouraged to be reflective of the racial and ethnic
3composition of the student population of the attendance center
4served by the local school council.
5 (c) Beginning with the 1995-1996 school year and in every
6even-numbered year thereafter, the Board shall set second
7semester Parent Report Card Pick-up Day for Local School
8Council elections and may schedule elections at year-round
9schools for the same dates as the remainder of the school
10system. Elections shall be conducted as provided herein by the
11Board of Education in consultation with the local school
12council at each attendance center.
13 (c-5) Notwithstanding subsection (c), for the local school
14council election set for the 2019-2020 school year, the Board
15may hold the election on the first semester Parent Report Card
16Pick-up Day of the 2020-2021 school year, making any necessary
17modifications to the election process or date to comply with
18guidance from the Department of Public Health and the federal
19Centers for Disease Control and Prevention. The terms of
20office of all local school council members eligible to serve
21and seated on or after March 23, 2020 through January 10, 2021
22are extended through January 10, 2021, provided that the
23members continue to meet eligibility requirements for local
24school council membership.
25 (d) Beginning with the 1995-96 school year, the following
26procedures shall apply to the election of local school council

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1members at each attendance center:
2 (i) The elected members of each local school council
3 shall consist of the 6 parent members and the 2 community
4 resident members.
5 (ii) Each elected member shall be elected by the
6 eligible voters of that attendance center to serve for a
7 two-year term commencing on July 1 immediately following
8 the election described in subsection (c), except that the
9 terms of members elected to a local school council under
10 subsection (c-5) shall commence on January 11, 2021 and
11 end on July 1, 2022. Eligible voters for each attendance
12 center shall consist of the parents and community
13 residents for that attendance center.
14 (iii) Each eligible voter shall be entitled to cast
15 one vote for up to a total of 5 candidates, irrespective of
16 whether such candidates are parent or community resident
17 candidates.
18 (iv) Each parent voter shall be entitled to vote in
19 the local school council election at each attendance
20 center in which he or she has a child currently enrolled.
21 Each community resident voter shall be entitled to vote in
22 the local school council election at each attendance
23 center for which he or she resides in the applicable
24 attendance area or voting district, as the case may be.
25 (v) Each eligible voter shall be entitled to vote
26 once, but not more than once, in the local school council

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1 election at each attendance center at which the voter is
2 eligible to vote.
3 (vi) The 2 teacher members and the non-teacher
4 employee member of each local school council shall be
5 appointed as provided in subsection (l) below each to
6 serve for a two-year term coinciding with that of the
7 elected parent and community resident members. From March
8 23, 2020 through January 10, 2021, the chief executive
9 officer or his or her designee may make accommodations to
10 fill the vacancy of a teacher or non-teacher employee
11 member of a local school council.
12 (vii) At secondary attendance centers and attendance
13 centers enrolling students in 7th or 8th grade, the voting
14 student member shall be appointed as provided in
15 subsection (m) below to serve for a one-year term
16 coinciding with the beginning of the terms of the elected
17 parent and community members of the local school council.
18 For the 2020-2021 school year, the chief executive officer
19 or his or her designee may make accommodations to fill the
20 vacancy of a student member of a local school council.
21 (e) The Council shall publicize the date and place of the
22election by posting notices at the attendance center, in
23public places within the attendance boundaries of the
24attendance center and by distributing notices to the pupils at
25the attendance center, and shall utilize such other means as
26it deems necessary to maximize the involvement of all eligible

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1voters.
2 (f) Nomination. The Council shall publicize the opening of
3nominations by posting notices at the attendance center, in
4public places within the attendance boundaries of the
5attendance center and by distributing notices to the pupils at
6the attendance center, and shall utilize such other means as
7it deems necessary to maximize the involvement of all eligible
8voters. Not less than 2 weeks before the election date,
9persons eligible to run for the Council shall submit their
10name, date of birth, social security number, if available, and
11some evidence of eligibility to the Council. The Council shall
12encourage nomination of candidates reflecting the
13racial/ethnic population of the students at the attendance
14center. Each person nominated who runs as a candidate shall
15disclose, in a manner determined by the Board, any economic
16interest held by such person, by such person's spouse or
17children, or by each business entity in which such person has
18an ownership interest, in any contract with the Board, any
19local school council or any public school in the school
20district. Each person nominated who runs as a candidate shall
21also disclose, in a manner determined by the Board, if he or
22she ever has been convicted of any of the offenses specified in
23subsection (c) of Section 34-18.5; provided that neither this
24provision nor any other provision of this Section shall be
25deemed to require the disclosure of any information that is
26contained in any law enforcement record or juvenile court

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1record that is confidential or whose accessibility or
2disclosure is restricted or prohibited under Section 5-901 or
35-905 of the Juvenile Court Act of 1987. Failure to make such
4disclosure shall render a person ineligible for election or to
5serve on the local school council. The same disclosure shall
6be required of persons under consideration for appointment to
7the Council pursuant to subsections (l) and (m) of this
8Section.
9 (f-5) Notwithstanding disclosure, a person who has been
10convicted of any of the following offenses at any time shall be
11ineligible for election or appointment to a local school
12council and ineligible for appointment to a local school
13council pursuant to subsections (l) and (m) of this Section:
14(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1511-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1611-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1712-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
18Section 11-14.3, of the Criminal Code of 1961 or the Criminal
19Code of 2012, or (ii) any offense committed or attempted in any
20other state or against the laws of the United States, which, if
21committed or attempted in this State, would have been
22punishable as one or more of the foregoing offenses.
23Notwithstanding disclosure, a person who has been convicted of
24any of the following offenses within the 10 years previous to
25the date of nomination or appointment shall be ineligible for
26election or appointment to a local school council: (i) those

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

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1 (h) Voting shall be in person by secret ballot at the
2attendance center between the hours of 6:00 a.m. and 7:00 p.m.
3 (i) Candidates receiving the highest number of votes shall
4be declared elected by the Council. In cases of a tie, the
5Council shall determine the winner by lot.
6 (j) The Council shall certify the results of the election
7and shall publish the results in the minutes of the Council.
8 (k) The general superintendent shall resolve any disputes
9concerning election procedure or results and shall ensure
10that, except as provided in subsections (e) and (g), no
11resources of any attendance center shall be used to endorse or
12promote any candidate.
13 (l) In Beginning with the 1995-1996 school year and in
14every even numbered year thereafter, the Board shall appoint 2
15teacher members to each local school council. These
16appointments shall be made in the following manner:
17 (i) The Board shall appoint 2 teachers who are
18 employed and assigned to perform the majority of their
19 employment duties at the attendance center to serve on the
20 local school council of the attendance center for a
21 two-year term coinciding with the terms of the elected
22 parent and community members of that local school council.
23 These appointments shall be made from among those teachers
24 who are nominated in accordance with subsection (f).
25 (ii) A non-binding, advisory poll to ascertain the
26 preferences of the school staff regarding appointments of

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

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1 at the attendance center or for the remainder of the term.
2 The replacement teacher representative shall be appointed
3 in the same manner and by the same procedures as teacher
4 representatives are appointed in subdivisions (i) and (ii)
5 of this subsection (l).
6 (m) In Beginning with the 1995-1996 school year, and in
7every school year thereafter, the Board shall appoint one
8student member to each secondary attendance center and
9attendance center enrolling students in 7th or 8th grade,
10although no attendance center shall have more than one student
11member. The Board may establish criteria for students to be
12considered eligible to serve as a student member. These
13appointments shall be made in the following manner:
14 (i) Appointments shall be made from among those
15 students who submit statements of candidacy to the
16 principal of the attendance center, such statements to be
17 submitted commencing on the first day of the twentieth
18 week of school and continuing for 2 weeks thereafter. The
19 form and manner of such candidacy statements shall be
20 determined by the Board.
21 (ii) During the twenty-second week of school in every
22 year, the principal of each attendance center shall
23 conduct a binding election a non-binding, advisory poll to
24 ascertain the preferences of the school students regarding
25 the appointment of a student to the local school council
26 for that attendance center. At such election poll, each

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1 student shall be entitled to indicate his or her
2 preference for up to one candidate from among those who
3 submitted statements of candidacy as described above. The
4 Board shall promulgate rules to ensure that these
5 elections non-binding, advisory polls are conducted in a
6 fair and equitable manner and maximize the involvement of
7 all school students. The preferences expressed in these
8 elections non-binding, advisory polls shall be transmitted
9 by the principal to the Board. These However, these
10 preferences shall be binding on the Board advisory only
11 and the Board shall maintain absolute discretion to
12 appoint student members to local school councils,
13 irrespective of the preferences expressed in any such
14 poll.
15 (iii) (Blank). For the 1995-96 school year only,
16 appointments shall be made from among those students who
17 submitted statements of candidacy to the principal of the
18 attendance center during the first 2 weeks of the school
19 year. The principal shall communicate the results of any
20 nonbinding, advisory poll to the Board. These results
21 shall be advisory only, and the Board shall maintain
22 absolute discretion to appoint student members to local
23 school councils, irrespective of the preferences expressed
24 in any such poll.
25 (n) The Board may promulgate such other rules and
26regulations for election procedures as may be deemed necessary

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

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

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

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1means a person, 17 years of age or older, residing within an
2attendance area served by a school, excluding any person who
3is a parent of a student enrolled in that school; provided that
4with respect to any multi-area school, community resident
5means any person, 17 years of age or older, residing within the
6voting district established for that school pursuant to
7Section 34-2.1c, excluding any person who is a parent of a
8student enrolled in that school. This definition does not
9apply to any provisions concerning school boards.
10(Source: P.A. 101-643, eff. 6-18-20.)
11 (105 ILCS 5/34-2.2) (from Ch. 122, par. 34-2.2)
12 Sec. 34-2.2. Local school councils - Manner of operation.
13 (a) The annual organizational meeting of each local school
14council shall be held at the attendance center or via
15videoconference or teleconference if guidance from the
16Department of Public Health or Centers for Disease Control and
17Prevention limits the size of in-person meetings at the time
18of the meeting. At the annual organization meeting, which
19shall be held no sooner than July 1 and no later than July 14,
20a parent member of the local school council shall be selected
21by the members of such council as its chairperson, and a
22secretary shall be selected by the members of such council
23from among their number, each to serve a term of one year.
24However, an organizational meeting held by members elected to
25a local school council under subsection (c-5) of Section

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134-2.1 may be held no sooner than January 11, 2021 and no later
2than January 31, 2021. Whenever a vacancy in the office of
3chairperson or secretary of a local school council shall
4occur, a new chairperson (who shall be a parent member) or
5secretary, as the case may be, shall be elected by the members
6of the local school council from among their number to serve as
7such chairperson or secretary for the unexpired term of office
8in which the vacancy occurs. At each annual organizational
9meeting, the time and place of any regular meetings of the
10local school council shall be fixed. Special meetings of the
11local school council may be called by the chairperson or by any
124 members by giving notice thereof in writing, specifying the
13time, place and purpose of the meeting. Public notice of
14meetings shall also be given in accordance with the Open
15Meetings Act.
16 (b) Members and officers of the local school council shall
17serve without compensation and without reimbursement of any
18expenses incurred in the performance of their duties, except
19that the board of education may by rule establish a procedure
20and thereunder provide for reimbursement of members and
21officers of local school councils for such of their reasonable
22and necessary expenses (excluding any lodging or meal
23expenses) incurred in the performance of their duties as the
24board may deem appropriate.
25 (c) A majority of the full membership of the local school
26council shall constitute a quorum, and whenever a vote is

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1taken on any measure before the local school council, a quorum
2being present, the affirmative vote of a majority of the votes
3of the full membership then serving of the local school
4council shall determine the outcome thereof; provided that
5whenever the measure before the local school council is (i)
6the evaluation of the principal, or (ii) the renewal of his or
7her performance contract or the inclusion of any provision or
8modification of the contract, or (iii) the direct selection by
9the local school council of a new principal (including a new
10principal to fill a vacancy) to serve under a 4 year
11performance contract, or (iv) the determination of the names
12of candidates to be submitted to the general superintendent
13for the position of principal, the principal and student
14member of a high school council shall not be counted for
15purposes of determining whether a quorum is present to act on
16the measure and shall have no vote thereon; and provided
17further that 7 affirmative votes of the local school council
18shall be required for the direct selection by the local school
19council of a new principal to serve under a 4 year performance
20contract but not for the renewal of a principal's performance
21contract.
22 (d) Student members of high school councils shall not be
23eligible to vote on personnel matters, including but not
24limited to principal evaluations and contracts and the
25allocation of teaching and staff resources.
26 (e) The local school council of an attendance center which

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1provides bilingual education shall be encouraged to provide
2translators at each council meeting to maximize participation
3of parents and the community.
4 (f) Each local school council of an attendance center
5which provides bilingual education shall create a Bilingual
6Advisory Committee or recognize an existing Bilingual Advisory
7Committee as a standing committee. The Chair and a majority of
8the members of the advisory committee shall be parents of
9students in the bilingual education program. The parents on
10the advisory committee shall be selected by parents of
11students in the bilingual education program, and the committee
12shall select a Chair. The advisory committee for each
13secondary attendance center shall include at least one
14full-time bilingual education student. The Bilingual Advisory
15Committee shall serve only in an advisory capacity to the
16local school council.
17 (g) Local school councils may utilize the services of an
18arbitration board to resolve intra-council disputes.
19(Source: P.A. 101-643, eff. 6-18-20.)
20 (105 ILCS 5/34-2.4b) (from Ch. 122, par. 34-2.4b)
21 Sec. 34-2.4b. Limitation upon applicability.
22 (a) The provisions of Sections 34-2.1, 34-2.2, 34-2.3,
2334-2.3a, 34-2.4 and 34-8.3, and those provisions of paragraph
241 of Section 34-18 and paragraph (c) of Section 34A-201a
25relating to the allocation or application -- by formula or

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1otherwise -- of lump sum amounts and other funds to attendance
2centers, shall not apply to attendance centers that have
3applied for and been designated as a "Small School" by the
4Board except for the schools listed in subsection (b), the
5Cook County Juvenile Detention Center and Cook County Jail
6schools, nor to the district's alternative schools for
7pregnant girls, nor to alternative schools established under
8Article 13A, nor to a contract school, nor to the Michael R.
9Durso School, the Jackson Adult Center, the Hillard Adult
10Center, the Alternative Transitional School, or any other
11attendance center designated by the Board as an alternative
12school, provided that the designation is not applied to an
13attendance center that has in place a legally constituted
14local school council, except for contract turnaround schools
15other than the schools listed in subsection (b). The board of
16education shall have and exercise with respect to those
17schools and with respect to the conduct, operation, affairs
18and budgets of those schools, and with respect to the
19principals, teachers and other school staff there employed,
20the same powers which are exercisable by local school councils
21with respect to the other attendance centers, principals,
22teachers and school staff within the district, together with
23all powers and duties generally exercisable by the board of
24education with respect to all attendance centers within the
25district. The board of education shall develop appropriate
26alternative methods for involving parents, community members

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1and school staff to the maximum extent possible in all of the
2activities of those schools, and may delegate to the parents,
3community members and school staff so involved the same powers
4which are exercisable by local school councils with respect to
5other attendance centers.
6 (b) The provisions of subsection (a) do not apply to the
7following schools:
8 (1) Telpochcalli.
9 (2) Ariel.
10 (3) Raby High School.
11 (4) Williams High School.
12 (5) Bronzeville High School.
13 (6) Infinity High School.
14 (7) Multicultural High School.
15 (8) Orr High School.
16 (9) Lindblom High School.
17 (10) World Language High School.
18 (11) Uplift High School.
19 (12) Tarkington.
20 (13) Suder.
21 (14) Frazier Prospective.
22(Source: P.A. 96-105, eff. 7-30-09.)
23 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
24 Sec. 34-8.3. Remediation and probation of attendance
25centers.

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1 (a) The general superintendent shall monitor the
2performance of the attendance centers within the district and
3shall identify attendance centers, pursuant to criteria that
4the board shall establish, in which:
5 (1) there is a failure to develop, implement, or
6 comply with a school improvement plan;
7 (2) there is a pervasive breakdown in the educational
8 program as indicated by factors, including, but not
9 limited to, the absence of improvement in student reading
10 and math achievement scores, an increased drop-out rate, a
11 decreased graduation rate, and a decrease in rate of
12 student attendance;
13 (3) (blank); or
14 (4) there is a failure or refusal to comply with the
15 provisions of this Act, other applicable laws, collective
16 bargaining agreements, court orders, or with Board rules
17 which the Board is authorized to promulgate.
18 (b) If the general superintendent identifies a
19nonperforming school as described herein, he or she shall
20place the attendance center on remediation by developing a
21remediation plan for the center. The purpose of the
22remediation plan shall be to correct the deficiencies in the
23performance of the attendance center by one or more of the
24following methods:
25 (1) drafting a new school improvement plan;
26 (2) applying to the board for additional funding for

SB2042 Engrossed- 23 -LRB102 16607 CMG 22005 b
1 training for the local school council;
2 (3) directing implementation of a school improvement
3 plan;
4 (4) mediating disputes or other obstacles to reform or
5 improvement at the attendance center.
6 Nothing in this Section removes any authority of the local
7school council, which shall retain the right to reject or
8modify any school improvement plan or implementation thereof,
9as long as the rejection or modification of any school
10improvement plan or implementation thereof is consistent with
11State and federal requirements.
12 If, however, the general superintendent determines that
13the problems are not able to be remediated by these methods,
14the general superintendent shall place the attendance center
15on probation. The board shall establish guidelines that
16determine the factors for placing an attendance center on
17probation.
18 (c) Each school placed on probation shall have a school
19improvement plan and school budget for correcting deficiencies
20identified by the board. The plan shall include specific steps
21that the local school council and school staff must take to
22correct identified deficiencies and specific objective
23criteria by which the school's subsequent progress will be
24determined. The school budget shall include specific
25expenditures directly calculated to correct educational and
26operational deficiencies identified at the school by the

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1probation team.
2 (d) Schools placed on probation that, after a maximum of
3one year, fail to make adequate progress in correcting
4deficiencies are subject to the following actions by the
5general superintendent with the approval of the board, after
6opportunity for a hearing:
7 (1) (Blank). Ordering new local school council
8 elections.
9 (2) Removing and replacing the principal.
10 (3) Replacement of faculty members, subject to the
11 provisions of Section 24A-5.
12 (4) Reconstitution of the attendance center and
13 replacement and reassignment by the general superintendent
14 of all employees of the attendance center.
15 (5) Intervention under Section 34-8.4.
16 (5.5) Operating an attendance center as a contract
17 turnaround school.
18 (6) Closing of the school.
19 (e) Schools placed on probation shall remain on probation
20from year to year until deficiencies are corrected, even if
21such schools make acceptable annual progress. The board shall
22establish, in writing, criteria for determining whether or not
23a school shall remain on probation. If academic achievement
24tests are used as the factor for placing a school on probation,
25the general superintendent shall consider objective criteria,
26not just an increase in test scores, in deciding whether or not

SB2042 Engrossed- 25 -LRB102 16607 CMG 22005 b
1a school shall remain on probation. These criteria shall
2include attendance, test scores, student mobility rates,
3poverty rates, bilingual education eligibility, special
4education, and English language proficiency programs, with
5progress made in these areas being taken into consideration in
6deciding whether or not a school shall remain on probation.
7Such criteria shall be delivered to each local school council
8on or before August 1 of each year.
9 (e-5) Notwithstanding any other provision of this Section
10to the contrary, a school that has been on probation for 5
11years or more shall have the following powers restored to its
12local school council:
13 (1) to grant approval of the school improvement plan;
14 and
15 (2) to approve the school budget.
16 With respect to the employment, dismissal, and evaluation
17of a school principal, the local school council of a school
18that has been on probation for 5 years or more shall conduct a
19non-binding poll that must be considered by the network chief.
20The network chief shall work collaboratively with the local
21school council throughout the process.
22 (f) Where the board has reason to believe that violations
23of civil rights, or of civil or criminal law have occurred, or
24when the general superintendent deems that the school is in
25educational crisis it may take immediate corrective action,
26including the actions specified in this Section, without first

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1placing the school on remediation or probation. Nothing
2described herein shall limit the authority of the board as
3provided by any law of this State. The board shall develop
4criteria governing the determination regarding when a school
5is in educational crisis. Such criteria shall be delivered to
6each local school council on or before August 1 of each year.
7 (g) All persons serving as subdistrict superintendent on
8May 1, 1995 shall be deemed by operation of law to be serving
9under a performance contract which expires on June 30, 1995,
10and the employment of each such person as subdistrict
11superintendent shall terminate on June 30, 1995. The board
12shall have no obligation to compensate any such person as a
13subdistrict superintendent after June 30, 1995.
14 (h) The general superintendent shall, in consultation with
15local school councils, conduct an annual evaluation of each
16principal in the district pursuant to guidelines promulgated
17by the Board of Education.
18(Source: P.A. 96-105, eff. 7-30-09.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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