State of Illinois
91st General Assembly
Legislation

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91_HB1502

 
                                               LRB9103258NTsb

 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    34-2.1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.   The  School  Code  is  amended  by  changing
 6    section 34-2.1 as follows:

 7        (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
 8        (Text of Section before amendment by P.A. 90-590)
 9        Sec.   34-2.1.    Local   school  councils;  composition;
10    voter-eligibility;  elections; terms.
11        (a)  A local school council shall be established for each
12    attendance center within the  school  district.   Each  local
13    school  council  shall  consist  of  the  following 11 voting
14    members: the principal of the attendance center,  2  teachers
15    employed  and  assigned  to  perform  the  majority  of their
16    employment duties at the  attendance  center,  6  parents  of
17    students  currently  enrolled  at the attendance center and 2
18    community residents. Neither the parents  nor  the  community
19    residents  who  serve  as members of the local school council
20    shall be  employees  of  the  Board  of  Education.  In  each
21    secondary  attendance  center, the local school council shall
22    consist of  12  voting  members  --  the  11  voting  members
23    described  above  and one full-time student member, appointed
24    as provided in subsection (m) below. In the  event  that  the
25    chief executive officer of the Chicago School Reform Board of
26    Trustees  determines  that  a  local  school  council  is not
27    carrying out its  financial  duties  effectively,  the  chief
28    executive  officer  is authorized to appoint a representative
29    of the business community  with  experience  in  finance  and
30    management to serve as an advisor to the local school council
31    for  the  purpose  of  providing advice and assistance to the
 
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 1    local school council on fiscal matters.   The  advisor  shall
 2    have access to relevant financial records of the local school
 3    council.   The  advisor  may  attend  executive sessions. The
 4    chief executive officer shall issue a written policy defining
 5    the circumstances under which a local school council  is  not
 6    carrying out its financial duties effectively.
 7        (b)  Within  7  days of January 11, 1991, the Mayor shall
 8    appoint the members and officers (a Chairperson who shall  be
 9    a parent member and a Secretary) of each local school council
10    who  shall hold their offices until their successors shall be
11    elected and qualified. Members so appointed  shall  have  all
12    the  powers  and duties of local school councils as set forth
13    in this amendatory Act of  1991.   The  Mayor's  appointments
14    shall not require approval by the City Council.
15        The  membership  of  each  local  school council shall be
16    encouraged  to  be  reflective  of  the  racial  and   ethnic
17    composition  of  the  student  population  of  the attendance
18    center served by the local school council.
19        (c)  Beginning with the  1995-1996  school  year  and  in
20    every  even-numbered  year  thereafter,  the  Board shall set
21    second semester Parent Report  Card  Pick-up  Day  for  Local
22    School  Council  elections  and  may  schedule  elections  at
23    year-round schools for the same dates as the remainder of the
24    school  system.    Elections  shall  be conducted as provided
25    herein by the Board of Education  in  consultation  with  the
26    local school council at each attendance center.
27        (d)  Beginning   with   the   1995-96  school  year,  the
28    following procedures shall apply to  the  election  of  local
29    school council members at each attendance center:
30             (i)  The   elected  members  of  each  local  school
31        council shall consist of the 6 parent members and  the  2
32        community resident members.
33             (ii)  Each  elected  member  shall be elected by the
34        eligible voters of that attendance center to serve for  a
 
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 1        two-year  term commencing on July 1 immediately following
 2        the  election  described  in  subsection  (c).   Eligible
 3        voters for each attendance center shall  consist  of  the
 4        parents  and  community  residents  for  that  attendance
 5        center.
 6             (iii)  Each eligible voter shall be entitled to cast
 7        one  vote for up to a total of 5 candidates, irrespective
 8        of  whether  such  candidates  are  parent  or  community
 9        resident candidates.
10             (iv)  Each parent voter shall be entitled to vote in
11        the local school  council  election  at  each  attendance
12        center in which he or she has a child currently enrolled.
13        Each  community  resident voter shall be entitled to vote
14        in the local school council election at  each  attendance
15        center  for  which  he  or  she resides in the applicable
16        attendance area or voting district, as the case may be.
17             (v)  Each eligible voter shall be entitled  to  vote
18        once, but not more than once, in the local school council
19        election  at each attendance center at which the voter is
20        eligible to vote.
21             (vi)  The 2 teacher members  of  each  local  school
22        council  shall be appointed as provided in subsection (l)
23        below each to serve for a two-year term  coinciding  with
24        that   of  the  elected  parent  and  community  resident
25        members.
26             (vii)  At secondary attendance centers,  the  voting
27        student   member   shall  be  appointed  as  provided  in
28        subsection  (m)  below  to  serve  for  a  one-year  term
29        coinciding with the beginning of the terms of the elected
30        parent and community members of the local school council.
31        (e)  The Council shall publicize the date  and  place  of
32    the  election by posting notices at the attendance center, in
33    public  places  within  the  attendance  boundaries  of   the
34    attendance  center  and by distributing notices to the pupils
 
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 1    at the attendance center, and shall utilize such other  means
 2    as  it  deems  necessary  to  maximize the involvement of all
 3    eligible voters.
 4        (f)  Nomination.  The Council shall publicize the opening
 5    of nominations by posting notices at the  attendance  center,
 6    in  public  places  within  the  attendance boundaries of the
 7    attendance center and by distributing notices to  the  pupils
 8    at  the attendance center, and shall utilize such other means
 9    as it deems necessary to  maximize  the  involvement  of  all
10    eligible  voters.   Not less than 2 weeks before the election
11    date, persons eligible to run for the  Council  shall  submit
12    their  name  and some evidence of eligibility to the Council.
13    The  Council  shall  encourage   nomination   of   candidates
14    reflecting  the  racial/ethnic  population of the students at
15    the attendance center.  Each person nominated who runs  as  a
16    candidate  shall  disclose,  in  a  manner  determined by the
17    Board, any economic interest held by  such  person,  by  such
18    person's  spouse  or  children, or by each business entity in
19    which such person has an ownership interest, in any  contract
20    with the Board, any local school council or any public school
21    in  the  school district. Each person nominated who runs as a
22    candidate shall also disclose, in a manner determined by  the
23    Board,  if  he  or  she ever has been convicted of any of the
24    offenses specified in  subsection  (c)  of  Section  34-18.5;
25    provided  that neither this provision nor any other provision
26    of this Section shall be deemed to require the disclosure  of
27    any  information  that  is  contained  in any law enforcement
28    record or juvenile court record that is confidential or whose
29    accessibility or disclosure is restricted or prohibited under
30    Section 1-7 or 1-8 of the Juvenile Court Act of 1987. Failure
31    to make such disclosure shall render a person ineligible  for
32    election  to  the  local school council.  The same disclosure
33    shall  be  required  of  persons  under   consideration   for
34    appointment  to  the  Council pursuant to subsections (l) and
 
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 1    (m) of this Section.
 2        (g)  At least one week  before  the  election  date,  the
 3    Council shall publicize, in the manner provided in subsection
 4    (e), the names of persons nominated for election.
 5        (h)  Voting  shall  be  in person by secret ballot at the
 6    attendance center between the hours of  6:00  a.m.  and  7:00
 7    p.m.
 8        (i)  Candidates  receiving  the  highest  number of votes
 9    shall be declared elected by the Council.  In cases of a tie,
10    the Council shall determine the winner by lot.
11        (j)  The  Council  shall  certify  the  results  of   the
12    election  and shall publish the results in the minutes of the
13    Council.
14        (k)  The  general  superintendent   shall   resolve   any
15    disputes  concerning  election procedure or results and shall
16    ensure that, except as provided in subsections (e)  and  (g),
17    no  resources  of  any  attendance  center  shall  be used to
18    endorse or promote any candidate.
19        (l)  Beginning with the  1995-1996  school  year  and  in
20    every  even numbered year thereafter, the Board shall appoint
21    2 teacher  members  to  each  local  school  council.   These
22    appointments shall be made in the following manner:
23             (i)  The  Board  shall  appoint  2  teachers who are
24        employed and assigned to perform the  majority  of  their
25        employment  duties  at  the attendance center to serve on
26        the local school council of the attendance center  for  a
27        two-year  term  coinciding  with the terms of the elected
28        parent  and  community  members  of  that  local   school
29        council.   These  appointments  shall  be made from among
30        those teachers  who  are  nominated  in  accordance  with
31        subsection (f).
32             (ii)  A  non-binding, advisory poll to ascertain the
33        preferences of the school staff regarding appointments of
34        teachers to the local school council for that  attendance
 
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 1        center   shall   be  conducted  in  accordance  with  the
 2        procedures used to elect  parent  and  community  Council
 3        representatives.  At such poll, each member of the school
 4        staff shall be entitled to indicate his or her preference
 5        for  up  to  2  candidates from among those who submitted
 6        statements  of  candidacy  as  described  above.    These
 7        preferences shall be advisory only and  the  Board  shall
 8        maintain  absolute  discretion to appoint teacher members
 9        to local school councils, irrespective of the preferences
10        expressed in any such poll.
11        (m)  Beginning with the 1995-1996  school  year,  and  in
12    every  year  thereafter,  the Board shall appoint one student
13    member  to   each   secondary   attendance   center.    These
14    appointments shall be made in the following manner:
15             (i)  Appointments  shall  be  made  from among those
16        students  who  submit  statements  of  candidacy  to  the
17        principal of the attendance center, such statements to be
18        submitted commencing on the first day  of  the  twentieth
19        week  of  school  and  continuing for 2 weeks thereafter.
20        The form and manner of such candidacy statements shall be
21        determined by the Board.
22             (ii)  During the twenty-second  week  of  school  in
23        every year, the principal of each attendance center shall
24        conduct  a  non-binding,  advisory  poll to ascertain the
25        preferences  of  the  school   students   regarding   the
26        appointment  of a student to the local school council for
27        that attendance center.  At such poll, each student shall
28        be entitled to indicate his or her preference for  up  to
29        one  candidate  from among those who submitted statements
30        of  candidacy  as  described  above.   The  Board   shall
31        promulgate   rules  to  ensure  that  these  non-binding,
32        advisory polls are conducted  in  a  fair  and  equitable
33        manner   and  maximize  the  involvement  of  all  school
34        students.    The   preferences   expressed    in    these
 
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 1        non-binding,  advisory  polls shall be transmitted by the
 2        principal to the Board.  However, these preferences shall
 3        be advisory only and the Board  shall  maintain  absolute
 4        discretion  to  appoint  student  members to local school
 5        councils, irrespective of the  preferences  expressed  in
 6        any such poll.
 7             (iii)  For    the    1995-96   school   year   only,
 8        appointments shall be made from among those students  who
 9        submitted statements of candidacy to the principal of the
10        attendance  center during the first 2 weeks of the school
11        year. The principal shall communicate the results of  any
12        nonbinding,  advisory  poll  to the Board.  These results
13        shall be advisory only,  and  the  Board  shall  maintain
14        absolute  discretion  to appoint student members to local
15        school  councils,   irrespective   of   the   preferences
16        expressed in any such poll.
17        (n)  The  Board  may  promulgate  such  other  rules  and
18    regulations   for   election  procedures  as  may  be  deemed
19    necessary to ensure fair elections.
20        (o)  In the event that a vacancy occurs during a member's
21    term, the Council shall appoint a person eligible to serve on
22    the Council, to  fill  the  unexpired  term  created  by  the
23    vacancy,  except  that any teacher vacancy shall be filled by
24    the Board after considering the  preferences  of  the  school
25    staff  as  ascertained through a non-binding advisory poll of
26    school staff.
27        (p)  If less than the  specified  number  of  persons  is
28    elected  within  each  candidate  category, the newly elected
29    local school council shall appoint eligible persons to  serve
30    as members of the Council for two-year terms.
31        (q)  The Board shall promulgate rules regarding conflicts
32    of  interest and disclosure of economic interests which shall
33    apply to local school council members and which shall require
34    reports or statements to  be  filed  by  Council  members  at
 
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 1    regular  intervals  with the Secretary of the Board.  Failure
 2    to comply with such rules or  intentionally  falsifying  such
 3    reports  shall  be  grounds  for  disqualification from local
 4    school council membership.  A  vacancy  on  the  Council  for
 5    disqualification  may  be so declared by the Secretary of the
 6    Board.  Rules regarding conflicts of interest and  disclosure
 7    of economic interests promulgated by the Board shall apply to
 8    local  school council members in addition to the requirements
 9    of the Illinois Governmental Ethics Act applicable  to  local
10    school council members.
11        (r)  If  a parent member of a Local School Council ceases
12    to have any child enrolled in the attendance center  governed
13    by  the  Local  School  Council  due  to  the  graduation  or
14    voluntary transfer of a child or children from the attendance
15    center,  the  parent's membership on the Local School Council
16    and all voting rights are terminated immediately  as  of  the
17    date   of  the  child's  graduation  or  voluntary  transfer.
18    Further, a local school council member may  be  removed  from
19    the  Council by a majority vote of the Council as provided in
20    subsection (c) of Section 34-2.2 if the  Council  member  has
21    missed   3   consecutive   regular  meetings,  not  including
22    committee meetings, or 5  regular  meetings  in  a  12  month
23    period,   not  including  committee  meetings.    A  criminal
24    background investigation shall be performed on a local school
25    council member in the same manner as  a  criminal  background
26    investigation  is  performed  on  an applicant for employment
27    under Section 34-18.5 of this Code. Further,  A local  school
28    council  member  may  be removed by the council by a majority
29    vote of the council as provided in subsection (c) of  Section
30    34-2.2  if  the  council  determines  that a member failed to
31    disclose a conviction of any of  the  offenses  specified  in
32    subsection  (c)  of Section 34-18.5 as required in subsection
33    (f) of this Section 34-2.1. A vote to remove a Council member
34    shall only be valid if the Council member has  been  notified
 
                            -9-                LRB9103258NTsb
 1    personally  or by certified mail, mailed to the person's last
 2    known address, of the Council's intent to vote on the Council
 3    member's removal at least 7 days  prior  to  the  vote.   The
 4    Council  member  in  question shall have the right to explain
 5    his or her actions and shall  be  eligible  to  vote  on  the
 6    question  of  his  or  her  removal  from  the  Council.  The
 7    provisions of this subsection shall be contained  within  the
 8    petitions used to nominate Council candidates.
 9    (Source:  P.A.  89-15,  eff.  5-30-95;  89-369, eff. 8-18-95;
10    89-626,  eff.  8-9-96;  89-636,  eff.  8-9-96;  90-378,  eff.
11    8-14-97.)

12        (Text of Section after amendment by P.A. 90-590)
13        Sec.  34-2.1.   Local   school   councils;   composition;
14    voter-eligibility; elections; terms.
15        (a)  A local school council shall be established for each
16    attendance  center  within  the  school district.  Each local
17    school council shall  consist  of  the  following  11  voting
18    members:  the  principal of the attendance center, 2 teachers
19    employed and  assigned  to  perform  the  majority  of  their
20    employment  duties  at  the  attendance  center, 6 parents of
21    students currently enrolled at the attendance  center  and  2
22    community  residents.  Neither  the parents nor the community
23    residents who serve as members of the  local  school  council
24    shall  be  employees  of  the  Board  of  Education.  In each
25    secondary attendance center, the local school  council  shall
26    consist  of  12  voting  members  --  the  11  voting members
27    described above and one full-time student  member,  appointed
28    as  provided  in  subsection (m) below. In the event that the
29    chief executive officer of the Chicago School Reform Board of
30    Trustees determines  that  a  local  school  council  is  not
31    carrying  out  its  financial  duties  effectively, the chief
32    executive officer is authorized to appoint  a  representative
33    of  the  business  community  with  experience in finance and
34    management to serve as an advisor to the local school council
 
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 1    for the purpose of providing advice  and  assistance  to  the
 2    local  school  council on fiscal matters.   The advisor shall
 3    have access to relevant financial records of the local school
 4    council.  The advisor  may  attend  executive  sessions.  The
 5    chief executive officer shall issue a written policy defining
 6    the  circumstances  under which a local school council is not
 7    carrying out its financial duties effectively.
 8        (b)  Within 7 days of January 11, 1991, the  Mayor  shall
 9    appoint  the members and officers (a Chairperson who shall be
10    a parent member and a Secretary) of each local school council
11    who shall hold their offices until their successors shall  be
12    elected  and  qualified.  Members so appointed shall have all
13    the powers and duties of local school councils as  set  forth
14    in  this  amendatory  Act  of 1991.  The Mayor's appointments
15    shall not require approval by the City Council.
16        The membership of each  local  school  council  shall  be
17    encouraged   to  be  reflective  of  the  racial  and  ethnic
18    composition of  the  student  population  of  the  attendance
19    center served by the local school council.
20        (c)  Beginning  with  the  1995-1996  school  year and in
21    every even-numbered year  thereafter,  the  Board  shall  set
22    second  semester  Parent  Report  Card  Pick-up Day for Local
23    School  Council  elections  and  may  schedule  elections  at
24    year-round schools for the same dates as the remainder of the
25    school system.  Elections  shall  be  conducted  as  provided
26    herein  by  the  Board  of Education in consultation with the
27    local school council at each attendance center.
28        (d)  Beginning  with  the  1995-96   school   year,   the
29    following  procedures  shall  apply  to the election of local
30    school council members at each attendance center:
31             (i)  The  elected  members  of  each  local   school
32        council  shall  consist of the 6 parent members and the 2
33        community resident members.
34             (ii)  Each elected member shall be  elected  by  the
 
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 1        eligible  voters of that attendance center to serve for a
 2        two-year term commencing on July 1 immediately  following
 3        the  election  described  in  subsection  (c).   Eligible
 4        voters  for  each  attendance center shall consist of the
 5        parents  and  community  residents  for  that  attendance
 6        center.
 7             (iii)  Each eligible voter shall be entitled to cast
 8        one vote for up to a total of 5 candidates,  irrespective
 9        of  whether  such  candidates  are  parent  or  community
10        resident candidates.
11             (iv)  Each parent voter shall be entitled to vote in
12        the  local  school  council  election  at each attendance
13        center in which he or she has a child currently enrolled.
14        Each community resident voter shall be entitled  to  vote
15        in  the  local school council election at each attendance
16        center for which he or  she  resides  in  the  applicable
17        attendance area or voting district, as the case may be.
18             (v)  Each  eligible  voter shall be entitled to vote
19        once, but not more than once, in the local school council
20        election at each attendance center at which the voter  is
21        eligible to vote.
22             (vi)  The  2  teacher  members  of each local school
23        council shall be appointed as provided in subsection  (l)
24        below  each  to serve for a two-year term coinciding with
25        that  of  the  elected  parent  and  community   resident
26        members.
27             (vii)  At  secondary  attendance centers, the voting
28        student  member  shall  be  appointed  as   provided   in
29        subsection  (m)  below  to  serve  for  a  one-year  term
30        coinciding with the beginning of the terms of the elected
31        parent and community members of the local school council.
32        (e)  The  Council  shall  publicize the date and place of
33    the election by posting notices at the attendance center,  in
34    public   places  within  the  attendance  boundaries  of  the
 
                            -12-               LRB9103258NTsb
 1    attendance center and by distributing notices to  the  pupils
 2    at  the attendance center, and shall utilize such other means
 3    as it deems necessary to  maximize  the  involvement  of  all
 4    eligible voters.
 5        (f)  Nomination.  The Council shall publicize the opening
 6    of  nominations  by posting notices at the attendance center,
 7    in public places within  the  attendance  boundaries  of  the
 8    attendance  center  and by distributing notices to the pupils
 9    at the attendance center, and shall utilize such other  means
10    as  it  deems  necessary  to  maximize the involvement of all
11    eligible voters.  Not less than 2 weeks before  the  election
12    date,  persons  eligible  to run for the Council shall submit
13    their name and some evidence of eligibility to  the  Council.
14    The   Council   shall   encourage  nomination  of  candidates
15    reflecting the racial/ethnic population of  the  students  at
16    the  attendance  center.  Each person nominated who runs as a
17    candidate shall disclose,  in  a  manner  determined  by  the
18    Board,  any  economic  interest  held by such person, by such
19    person's spouse or children, or by each  business  entity  in
20    which  such person has an ownership interest, in any contract
21    with the Board, any local school council or any public school
22    in the school district. Each person nominated who runs  as  a
23    candidate  shall also disclose, in a manner determined by the
24    Board, if he or she ever has been convicted  of  any  of  the
25    offenses  specified  in  subsection  (c)  of Section 34-18.5;
26    provided that neither this provision nor any other  provision
27    of  this Section shall be deemed to require the disclosure of
28    any information that is  contained  in  any  law  enforcement
29    record or juvenile court record that is confidential or whose
30    accessibility or disclosure is restricted or prohibited under
31    Section  5-901  or  5-905  of the Juvenile Court Act of 1987.
32    Failure  to  make  such  disclosure  shall  render  a  person
33    ineligible for election to the  local  school  council.   The
34    same   disclosure   shall   be   required  of  persons  under
 
                            -13-               LRB9103258NTsb
 1    consideration for appointment  to  the  Council  pursuant  to
 2    subsections (l) and (m) of this Section.
 3        (g)  At  least  one  week  before  the election date, the
 4    Council shall publicize, in the manner provided in subsection
 5    (e), the names of persons nominated for election.
 6        (h)  Voting shall be in person by secret  ballot  at  the
 7    attendance  center  between  the  hours of 6:00 a.m. and 7:00
 8    p.m.
 9        (i)  Candidates receiving the  highest  number  of  votes
10    shall be declared elected by the Council.  In cases of a tie,
11    the Council shall determine the winner by lot.
12        (j)  The   Council  shall  certify  the  results  of  the
13    election and shall publish the results in the minutes of  the
14    Council.
15        (k)  The   general   superintendent   shall  resolve  any
16    disputes concerning election procedure or results  and  shall
17    ensure  that,  except as provided in subsections (e) and (g),
18    no resources of  any  attendance  center  shall  be  used  to
19    endorse or promote any candidate.
20        (l)  Beginning  with  the  1995-1996  school  year and in
21    every even numbered year thereafter, the Board shall  appoint
22    2  teacher  members  to  each  local  school  council.  These
23    appointments shall be made in the following manner:
24             (i)  The Board shall  appoint  2  teachers  who  are
25        employed  and  assigned  to perform the majority of their
26        employment duties at the attendance center  to  serve  on
27        the  local  school council of the attendance center for a
28        two-year term coinciding with the terms  of  the  elected
29        parent   and  community  members  of  that  local  school
30        council.  These appointments shall  be  made  from  among
31        those  teachers  who  are  nominated  in  accordance with
32        subsection (f).
33             (ii)  A non-binding, advisory poll to ascertain  the
34        preferences of the school staff regarding appointments of
 
                            -14-               LRB9103258NTsb
 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
10        to local school councils, irrespective of the preferences
11        expressed in any such poll.
12        (m)  Beginning  with  the  1995-1996  school year, and in
13    every year thereafter, the Board shall  appoint  one  student
14    member   to   each   secondary   attendance   center.   These
15    appointments shall be made in the following manner:
16             (i)  Appointments shall be  made  from  among  those
17        students  who  submit  statements  of  candidacy  to  the
18        principal of the attendance center, such statements to be
19        submitted  commencing  on  the first day of the twentieth
20        week of school and continuing  for  2  weeks  thereafter.
21        The form and manner of such candidacy statements shall be
22        determined by the Board.
23             (ii)  During  the  twenty-second  week  of school in
24        every year, the principal of each attendance center shall
25        conduct a non-binding, advisory  poll  to  ascertain  the
26        preferences   of   the   school  students  regarding  the
27        appointment of a student to the local school council  for
28        that attendance center.  At such poll, each student shall
29        be  entitled  to indicate his or her preference for up to
30        one candidate from among those who  submitted  statements
31        of   candidacy  as  described  above.   The  Board  shall
32        promulgate  rules  to  ensure  that  these   non-binding,
33        advisory  polls  are  conducted  in  a fair and equitable
34        manner  and  maximize  the  involvement  of  all   school
 
                            -15-               LRB9103258NTsb
 1        students.     The    preferences   expressed   in   these
 2        non-binding, advisory polls shall be transmitted  by  the
 3        principal to the Board.  However, these preferences shall
 4        be  advisory  only  and the Board shall maintain absolute
 5        discretion to appoint student  members  to  local  school
 6        councils,  irrespective  of  the preferences expressed in
 7        any such poll.
 8             (iii)  For   the   1995-96   school    year    only,
 9        appointments  shall be made from among those students who
10        submitted statements of candidacy to the principal of the
11        attendance center during the first 2 weeks of the  school
12        year.  The principal shall communicate the results of any
13        nonbinding, advisory poll to the  Board.   These  results
14        shall  be  advisory  only,  and  the Board shall maintain
15        absolute discretion to appoint student members  to  local
16        school   councils,   irrespective   of   the  preferences
17        expressed in any such poll.
18        (n)  The  Board  may  promulgate  such  other  rules  and
19    regulations  for  election  procedures  as  may   be   deemed
20    necessary to ensure fair elections.
21        (o)  In the event that a vacancy occurs during a member's
22    term, the Council shall appoint a person eligible to serve on
23    the  Council,  to  fill  the  unexpired  term  created by the
24    vacancy, except that any teacher vacancy shall be  filled  by
25    the  Board  after  considering  the preferences of the school
26    staff as ascertained through a non-binding advisory  poll  of
27    school staff.
28        (p)  If  less  than  the  specified  number of persons is
29    elected within each candidate  category,  the  newly  elected
30    local  school council shall appoint eligible persons to serve
31    as members of the Council for two-year terms.
32        (q)  The Board shall promulgate rules regarding conflicts
33    of interest and disclosure of economic interests which  shall
34    apply to local school council members and which shall require
 
                            -16-               LRB9103258NTsb
 1    reports  or  statements  to  be  filed  by Council members at
 2    regular intervals with the Secretary of the  Board.   Failure
 3    to  comply  with  such rules or intentionally falsifying such
 4    reports shall be  grounds  for  disqualification  from  local
 5    school  council  membership.   A  vacancy  on the Council for
 6    disqualification may be so declared by the Secretary  of  the
 7    Board.   Rules regarding conflicts of interest and disclosure
 8    of economic interests promulgated by the Board shall apply to
 9    local school council members in addition to the  requirements
10    of  the  Illinois Governmental Ethics Act applicable to local
11    school council members.
12        (r)  If a parent member of a Local School Council  ceases
13    to  have any child enrolled in the attendance center governed
14    by  the  Local  School  Council  due  to  the  graduation  or
15    voluntary transfer of a child or children from the attendance
16    center, the parent's membership on the Local  School  Council
17    and  all  voting  rights are terminated immediately as of the
18    date  of  the  child's  graduation  or  voluntary   transfer.
19    Further,  a  local  school council member may be removed from
20    the Council by a majority vote of the Council as provided  in
21    subsection  (c)  of  Section 34-2.2 if the Council member has
22    missed  3  consecutive  regular   meetings,   not   including
23    committee  meetings,  or  5  regular  meetings  in a 12 month
24    period,  not  including  committee   meetings.   A   criminal
25    background investigation shall be performed on a local school
26    council  member  in  the same manner as a criminal background
27    investigation is performed on  an  applicant  for  employment
28    under  Section  34-18.5 of this Code. Further, A local school
29    council member may be removed by the council  by  a  majority
30    vote  of the council as provided in subsection (c) of Section
31    34-2.2 if the council determines  that  a  member  failed  to
32    disclose  a  conviction  of  any of the offenses specified in
33    subsection (c) of Section 34-18.5 as required  in  subsection
34    (f) of this Section 34-2.1. A vote to remove a Council member
 
                            -17-               LRB9103258NTsb
 1    shall  only  be valid if the Council member has been notified
 2    personally or by certified mail, mailed to the person's  last
 3    known address, of the Council's intent to vote on the Council
 4    member's  removal  at  least  7  days prior to the vote.  The
 5    Council member in question shall have the  right  to  explain
 6    his  or  her  actions  and  shall  be eligible to vote on the
 7    question of  his  or  her  removal  from  the  Council.   The
 8    provisions  of  this subsection shall be contained within the
 9    petitions used to nominate Council candidates.
10    (Source: P.A. 89-15,  eff.  5-30-95;  89-369,  eff.  8-18-95;
11    89-626,  eff.  8-9-96;  89-636,  eff.  8-9-96;  90-378,  eff.
12    8-14-97; 90-590, eff. 1-1-00.)

13        Section  95.   No  acceleration or delay.  Where this Act
14    makes changes in a statute that is represented in this Act by
15    text that is not yet or no longer in effect (for  example,  a
16    Section  represented  by  multiple versions), the use of that
17    text does not accelerate or delay the taking  effect  of  (i)
18    the  changes made by this Act or (ii) provisions derived from
19    any other Public Act.

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