105 ILCS 5/34-2.1
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education

 (from Ch. 122, par. 34-2.1)Sec. 34-2.1. Local 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 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.  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.(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, in every  even numbered  year, 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 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, 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 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 s shall be transmitted by the principal to the Board.  These preferences shall be binding on the Board.(iii) (Blank).(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 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 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 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 representative  resigns from employment with the Board or  voluntarily transfers to another school, the staff member's membership on the local  school council and all voting rights are terminated immediately as of the date  of the staff member's resignation or upon the date of the staff member's voluntary  transfer to another school.  If a staff 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; 102-677, eff. 12-3-21.)