Statutes > Illinois Statutes > CHAPTER 105 SCHOOLS > 105 ILCS 5/ School Code. > Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education

Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education


      (105 ILCS 5/Art. 34 heading)
ARTICLE 34. CITIES OF OVER 500,000
INHABITANTS ‑ BOARD OF EDUCATION

    (105 ILCS 5/34‑1) (from Ch. 122, par. 34‑1)
    Sec. 34‑1. Application of article; Definitions. This Article applies only to cities having a population exceeding 500,000.
    "Trustees", when used in this Article, means the Chicago School Reform Board of Trustees created by this amendatory Act of 1995 and serving as the governing board of the school district organized under this Article beginning with its appointment on or after the effective date of this amendatory Act of 1995 and continuing until June 30, 1999 or the appointment of a new Chicago Board of Education as provided in Section 34‑3, whichever is later.
    "Board", or "board of education" when used in this Article, means: (i) the Chicago School Reform Board of Trustees for the period that begins with the appointment of the Trustees and that ends on the later of June 30, 1999 or the appointment of a new Chicago Board of Education as provided in Section 34‑3; and (ii) the new Chicago Board of Education from and after June 30, 1999 or from and after its appointment as provided in Section 34‑3, whichever is later.
    Except during the period that begins with the appointment of the Chicago School Reform Board of Trustees on or after the effective date of this amendatory Act of 1995 and that ends on the later of June 30, 1999 or the appointment of a new Chicago Board of Education as provided in Section 34‑3: (i) the school district organized under this Article may be subject to further limitations imposed under Article 34A; and (ii) the provisions of Article 34A prevail over the other provisions of this Act, including the provisions of this Article, to the extent of any conflict.
(Source: P.A. 89‑15, eff. 5‑30‑95.)

    (105 ILCS 5/34‑1.01) (from Ch. 122, par. 34‑1.01)
    Sec. 34‑1.01. Intent. The General Assembly has previously established that the primary purpose of schooling is the transmission of knowledge and culture through which children learn in areas necessary to their continuing development, and the General Assembly has defined these areas as including language arts, mathematics, biological, physical and social sciences, the fine arts, and physical development and health. The General Assembly declares its intent to achieve the primary purpose of schooling in elementary and secondary schools subject to this Article, as now or hereafter amended, in cities of over 500,000 inhabitants, through the provisions of this amendatory Act of 1991.
    A. Goals. In the furtherance of this intent, the General Assembly is committed to the belief that, while such urban schools should foster improvement and student growth in a number of areas, first priority should be given to achieving the following goals:
        1. assuring that students show significant progress
     toward meeting and exceeding State performance standards in State mandated learning areas, including the mastery of higher order thinking skills in these and other learning areas;
        2. assuring that students attend school regularly
     and graduate from high school at rates that equal or surpass national norms;
        3. assuring that students are adequately prepared
     for further education and aiding students in making a successful transition to further education;
        4. assuring that students are adequately prepared
     for successful entry into employment and aiding students in making a successful transition to employment;
        5. assuring that students are, to the maximum extent
     possible, provided with a common learning experience that is of high academic quality and that reflects high expectations for all students' capacities to learn;
        6. assuring that students are better prepared to
     compete in the international market place by having foreign language proficiency and stronger international studies;
        7. assuring that students are encouraged in
     exploring potential interests in fields such as journalism, drama, art and music;
        8. assuring that individual teachers are granted the
     professional authority to make decisions about instruction and the method of teaching;
        9. assuring that students are provided the means to
     express themselves creatively and to respond to the artistic expression of others through the visual arts, music, drama and dance; and
        10. assuring that students are provided adequate
     athletic programs that encourage pride and positive identification with the attendance center and that reduce the number of dropouts and teenage delinquents.
    B. Achieving goals. To achieve these priority goals, the General Assembly intends to make the individual local school the essential unit for educational governance and improvement and to establish a process for placing the primary responsibility for school governance and improvement in furtherance of such goals in the hands of parents, community residents, teachers, and the school principal at the school level.
    Further, to achieve these priority goals, the General Assembly intends to lodge with the board of education key powers in limited areas related to district‑wide policy, so that the board of education supports school‑level governance and improvement and carries out functions that can be performed more efficiently through centralized action.
    The General Assembly does not intend to alter or amend the provisions of the desegregation obligations of the board of education, including but not limited to the Consent Decree or the Desegregation Plan in United States v. Chicago Board of Education, 80 C 5124, U.S. District Court for the Northern District of Illinois. Accordingly, the implementation of this amendatory Act of 1991, to the extent practicable, shall be consistent with and, in all cases, shall be subject to the desegregation obligations pursuant to such Consent Decree and Desegregation Plan.
(Source: P.A. 87‑455; 88‑686, eff. 1‑24‑95.)

    (105 ILCS 5/34‑1.02) (from Ch. 122, par. 34‑1.02)
    Sec. 34‑1.02. Educational reform. The General Assembly hereby finds and declares that educational reform in school districts organized under this Article shall be implemented in such manner that:
    1. the percentage of entering freshmen who 4 years later graduate from 12th grade from each high school attendance center within the district in each of the 1989‑90, 1990‑91, 1991‑92, 1992‑93 and 1993‑94 school years exceeds by at least 5% the percentage of similar students graduating from that high school attendance center in the immediately preceding school year;
    2. the average daily student attendance rate within the district in each of the 1989‑90, 1990‑91, 1991‑92, 1992‑93 and 1993‑94 school years exceeds by at least 1% the average daily student attendance rate within the district for the immediately preceding school year;
    3. by the conclusion of the 1993‑1994 school year, the percentage of students within the district failing and not advancing to the next higher grade or graduating is at least 10% less than the percentage of students within the district failing and not advancing to the next higher grade or graduating at the conclusion of the 1987‑88 school year;
    4. on an annual basis, each attendance center within the district makes significant progress toward meeting and exceeding State performance standards in reading, writing, mathematics, and other State mandated learning areas, including the mastery of higher order thinking skills in these learning areas. Significant annual progress toward meeting and exceeding State performance standards shall occur for all students regardless of race, ethnicity, gender, or income status, based on the expectation that these subgroups shall meet and exceed State performance standards. Annual objectives for significant progress and timeframes during which the students' performance overall and as measured within subgroups will meet and exceed State performance standards shall be specified in the school improvement plan required in Section 34‑2.4; and
    5. appropriate improvement and progress are realized each school year in each attendance center within the district, when compared to the performance of such attendance center during the immediately preceding school year, in advancing toward and achieving the objectives established by paragraphs 1 through 4 of this Section.
(Source: P.A. 88‑686, eff. 1‑24‑95.)

    (105 ILCS 5/34‑1.1)(from Ch. 122, par. 34‑1.1)
    Sec. 34‑1.1. Definitions. As used in this Article:
    "Academic Accountability Council" means the Chicago Schools Academic Accountability Council created under Section 34‑3.4.
    "Local School Council" means a local school council established under Section 34‑2.1.
    "School" and "attendance center" are used interchangeably to mean any attendance center operated pursuant to this Article and under the direction of one principal.
    "Secondary Attendance Center" means a school which has students enrolled in grades 9 through 12 (although it may also have students enrolled in grades below grade 9).
    "Local Attendance Area School" means a school which has a local attendance area established by the board.
    "Multi‑area school" means a school other than a local attendance area school.
    "Contract school" means an attendance center managed and operated by a for‑profit or not‑for‑profit private entity retained by the board to provide instructional and other services to a majority of the pupils enrolled in the attendance center.
    "Contract turnaround school" means an experimental contract school created by the board to implement alternative governance in an attendance center subject to restructuring or similar intervention under federal law that has not made adequate yearly progress for 5 consecutive years or a time period set forth in federal law.
    "Parent" means a parent or legal guardian of an enrolled student of an attendance center.
    "Community resident" means a person, 18 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, 18 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.
    "School staff" means all certificated and uncertificated school personnel, including all teaching and administrative staff (other than the principal) and including all custodial, food service and other civil service employees, who are employed at and assigned to perform the majority of their employment duties at one attendance center served by the same local school council.
    "Regular meetings" means the meeting dates established by the local school council at its annual organizational meeting.
(Source: P.A. 96‑105, eff. 7‑30‑09.)

    (105 ILCS 5/34‑2) (from Ch. 122, par. 34‑2)
    Sec. 34‑2. City to constitute district‑Corporate status of board.
    Each city having a population exceeding 500,000 shall constitute one school district which shall maintain a system of free schools under the charge of a board of education. The district shall be a body politic and corporate by the name of "Board of Education of the City of ...." and by that name may sue and be sued in all courts and places where judicial proceedings are had.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/34‑2.1)(from Ch. 122, par. 34‑2.1)
    Sec. 34‑2.1. Local School Councils ‑ Composition ‑ Voter‑Eligibility ‑ Elections ‑ Terms.
    (a) A local school council shall be established for each attendance center within the school 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 ‑‑ the 12 voting members described above and one full‑time student member, appointed as provided in subsection (m) below. 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 this amendatory Act of 1991. The Mayor's appointments shall not require approval by the City Council.
    The membership of each local school council shall be encouraged to be reflective of the racial and ethnic composition of the student population of the attendance center served by the local school council.
    (c) Beginning with the 1995‑1996 school year and in every even‑numbered year thereafter, the Board shall set second semester Parent Report Card Pick‑up Day for Local School Council elections and may schedule elections at year‑round schools for the same dates as the remainder of the school system. Elections shall be conducted as provided herein by the Board of Education in consultation with the local school council at each attendance center.
    (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). 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.
        (vii) At secondary attendance centers, the voting
    student member 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.
    (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 11‑6, 11‑9.1, 11‑16, 11‑17.1, 11‑19, 11‑19.1, 11‑19.2, 11‑20.1, 12‑13, 12‑14, 12‑14.1, 12‑15, or 12‑16 of the Criminal Code of 1961 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 Department of 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 lot.
    (j) The Council shall certify the results of the election and shall publish the results in the minutes of the Council.
    (k) The general superintendent shall resolve any disputes concerning election procedure or results and shall ensure that, except as provided in subsections (e) and (g), no resources of any attendance center shall be used to endorse or promote any candidate.
    (l) Beginning with the 1995‑1996 school year and in every even numbered year thereafter, the Board shall appoint 2 teacher members to each local school council. These appointments shall be made in the following manner:
        (i) The Board shall appoint 2 teachers who are
    employed and assigned to perform the majority of their employment duties at the attendance center to serve on the local school council of the attendance center for a two‑year term coinciding with the terms of the elected parent and community members of that local school council. These appointments shall be made from among those teachers who are nominated in accordance with subsection (f).
        (ii) A non‑binding, advisory poll to ascertain the
    preferences of the school staff regarding appointments of teachers to the local school council for that attendance center shall be conducted in accordance with the procedures used to elect parent and community Council representatives. At such poll, each member of the school staff shall be entitled to indicate his or her preference for up to 2 candidates from among those who submitted statements of candidacy as described above. These preferences shall be advisory only and the Board shall maintain absolute discretion to appoint teacher members to local school councils, irrespective of the preferences expressed in any such poll.
        (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, and in every year thereafter, the Board shall appoint one student member to each secondary attendance center. 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 non‑binding, advisory poll to ascertain the preferences of the school students regarding the appointment of a student to the local school council for that attendance center. At such poll, each student shall be entitled to indicate his or her preference for up to one candidate from among those who submitted statements of candidacy as described above. The Board shall promulgate rules to ensure that these non‑binding, advisory polls are conducted in a fair and equitable manner and maximize the involvement of all school students. The preferences expressed in these non‑binding, advisory polls shall be transmitted by the principal to the Board. However, these preferences shall be advisory only and the Board shall maintain absolute discretion to appoint student members to local school councils, irrespective of the preferences expressed in any such poll.
        (iii) For the 1995‑96 school year only, appointments
    shall be made from among those students who submitted statements of candidacy to the principal of the attendance center during the first 2 weeks of the school year. The principal shall communicate the results of any nonbinding, advisory poll to the Board. These results shall be advisory only, and the Board shall maintain absolute discretion to appoint student members to local school councils, irrespective of the preferences expressed in any such poll.
    (n) The Board may promulgate such other rules and regulations for election procedures as may be deemed necessary to ensure fair elections.
    (o) In the event that a vacancy occurs during a member's term, the Council shall appoint a person eligible to serve on the Council, to fill the unexpired term created by the vacancy, except that any teacher 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.
    (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 two‑year terms.
    (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 teacher member of a local school council as long as he or she is employed and assigned to perform a majority of his or her duties at the school, provided that if the teacher representative resigns from employment with the Board or voluntarily transfers to another school, the teacher's membership on the local school council and all voting rights are terminated immediately as of the date of the teacher's resignation or upon the date of the teacher's voluntary transfer to another school. If a teacher member of a local school council ceases to be eligible to serve on a local school council for any other reason, that member shall be removed by the Board subject to a hearing, convened pursuant to Board rule, prior to removal.
(Source: P.A. 95‑1015, eff. 12‑15‑08; 96‑1412, eff. 1‑1‑11.)

    (105 ILCS 5/34‑2.1b) (from Ch. 122, par. 34‑2.1b)
    Sec. 34‑2.1b. (Repealed).
(Source: Repealed by P.A. 89‑15, eff. 5‑30‑95.)

    (105 ILCS 5/34‑2.1c) (from Ch. 122, par. 34‑2.1c)
    Sec. 34‑2.1c. Multi‑Area Schools ‑ Establishment of Voting Districts.
    (a) On or before September 1, 1991, the Board shall establish a voting district for each multi‑area school. The Board shall take into account the following criteria in establishing such voting districts:
        (i) in cases where the multi‑area school was
     previously a school with a local attendance area established by the Board, the boundaries of such local attendance area;
        (ii) the location of physical characteristics in the
     surrounding geographic area, including but not limited to, expressways, rapid transit and railroad rights‑of‑way, rivers and viaducts;
        (iii) the location of established neighborhood and
     community area boundaries and of boundaries established for other elected offices within the city and the State;
        (iv) size of student population; and
    (v) compactness and contiguity of voting districts.
    Prior to establishing voting districts for multi‑area schools, the Board shall hold at least one public hearing thereon. The Board shall establish procedures to ensure the maximum participation of all interested persons in such hearing or hearings.
    (b) The Board shall publicize the location and description of these voting districts by posting notices at each multi‑area school and in public places within each voting district, by distributing notices to students at the multi‑area school and by placing notices both in daily newspapers of general circulation published in the city and in local and community newspapers published within each voting district. The Board shall utilize other means to ensure adequate dissemination of the description and location of the voting districts.
    (c) The Board may adjust or alter the voting districts of any multi‑area school once every tenth year. The Board shall utilize the same criteria and procedures described above in connection with any adjustment or alteration of any voting district.
    (d) With respect to any school designated as a multi‑area school subsequent to the establishment of voting districts, as described in subsection (a), or subsequent to the adjustment of these districts, as described in subsection (c), the Board shall establish a voting district for that school prior to the commencement of its operation as a multi‑area school. The Board shall utilize the same criteria and procedures described in subsection (a) in connection with the establishment of such a voting district.
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