1 | 1 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2276 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately. LRB103 26714 RJT 53077 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2276 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately. LRB103 26714 RJT 53077 b LRB103 26714 RJT 53077 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR |
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2 | 2 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2276 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: |
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3 | 3 | | 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 |
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4 | 4 | | 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 |
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5 | 5 | | Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately. |
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6 | 6 | | LRB103 26714 RJT 53077 b LRB103 26714 RJT 53077 b |
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7 | 7 | | LRB103 26714 RJT 53077 b |
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8 | 8 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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9 | 9 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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10 | 10 | | A BILL FOR |
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11 | 11 | | HB2276LRB103 26714 RJT 53077 b HB2276 LRB103 26714 RJT 53077 b |
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12 | 12 | | HB2276 LRB103 26714 RJT 53077 b |
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13 | 13 | | 1 AN ACT concerning education. |
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14 | 14 | | 2 Be it enacted by the People of the State of Illinois, |
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15 | 15 | | 3 represented in the General Assembly: |
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16 | 16 | | 4 Section 5. The School Code is amended by changing Section |
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17 | 17 | | 5 34-2.1 as follows: |
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18 | 18 | | 6 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1) |
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19 | 19 | | 7 Sec. 34-2.1. Local school councils; composition; voter |
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20 | 20 | | 8 eligibility; elections; terms. |
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21 | 21 | | 9 (a) Beginning with the first local school council election |
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22 | 22 | | 10 that occurs after December 3, 2021 (the effective date of |
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23 | 23 | | 11 Public Act 102-677), a local school council shall be |
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24 | 24 | | 12 established for each attendance center within the school |
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25 | 25 | | 13 district, including public small schools within the district. |
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26 | 26 | | 14 Each local school council shall consist of the following 12 |
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27 | 27 | | 15 voting members: the principal of the attendance center, 2 |
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28 | 28 | | 16 teachers employed and assigned to perform the majority of |
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29 | 29 | | 17 their employment duties at the attendance center, 6 parents of |
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30 | 30 | | 18 students currently enrolled at the attendance center, one |
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31 | 31 | | 19 employee of the school district employed and assigned to |
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32 | 32 | | 20 perform the majority of his or her employment duties at the |
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33 | 33 | | 21 attendance center who is not a teacher, and 2 community |
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34 | 34 | | 22 residents. Neither the parents nor the community residents who |
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35 | 35 | | 23 serve as members of the local school council shall be |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2276 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: |
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40 | 40 | | 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 |
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41 | 41 | | 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 |
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42 | 42 | | Amends the Chicago School District Article of the School Code. With regard to local school council members, provides that the school district shall perform a check of the Dru Sjodin National Sex Offender Public Website, the Statewide Sex Offender Database, and the Statewide Murderer and Violent Offender Against Youth Database upon the election or appointment of a local school council member. Provides that if the general superintendent determines at any time that a local school council member or member-elect appears on the Dru Sjodin National Sex Offender Public Website or the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database, the general superintendent must notify the local school council member or member-elect of such determination and the local school council member or member-elect must be removed from the local school council by the board of education. Provides that a local school council member must comply with all applicable board rules and policies regarding employees or volunteers. Removes provisions regarding ineligibility for election or appointment of a local school council member based upon certain criminal convictions. Effective immediately. |
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43 | 43 | | LRB103 26714 RJT 53077 b LRB103 26714 RJT 53077 b |
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44 | 44 | | LRB103 26714 RJT 53077 b |
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45 | 45 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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46 | 46 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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47 | 47 | | A BILL FOR |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | |
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53 | 53 | | 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 |
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56 | 56 | | |
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57 | 57 | | LRB103 26714 RJT 53077 b |
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58 | 58 | | |
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59 | 59 | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY |
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70 | 70 | | |
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71 | 71 | | HB2276 LRB103 26714 RJT 53077 b |
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73 | 73 | | |
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74 | 74 | | HB2276- 2 -LRB103 26714 RJT 53077 b HB2276 - 2 - LRB103 26714 RJT 53077 b |
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75 | 75 | | HB2276 - 2 - LRB103 26714 RJT 53077 b |
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76 | 76 | | 1 employees of the Board of Education. In each secondary |
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77 | 77 | | 2 attendance center, the local school council shall consist of |
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78 | 78 | | 3 13 voting members through the 2020-2021 school year, the 12 |
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79 | 79 | | 4 voting members described above and one full-time student |
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80 | 80 | | 5 member, and 15 voting members beginning with the 2021-2022 |
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81 | 81 | | 6 school year, the 12 voting members described above and 3 |
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82 | 82 | | 7 full-time student members, appointed as provided in subsection |
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83 | 83 | | 8 (m) below. In each attendance center enrolling students in 7th |
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84 | 84 | | 9 and 8th grade, one full-time student member shall be appointed |
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85 | 85 | | 10 as provided in subsection (m) of this Section. In the event |
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86 | 86 | | 11 that the chief executive officer of the Chicago School Reform |
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87 | 87 | | 12 Board of Trustees determines that a local school council is |
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88 | 88 | | 13 not carrying out its financial duties effectively, the chief |
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89 | 89 | | 14 executive officer is authorized to appoint a representative of |
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90 | 90 | | 15 the business community with experience in finance and |
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91 | 91 | | 16 management to serve as an advisor to the local school council |
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92 | 92 | | 17 for the purpose of providing advice and assistance to the |
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93 | 93 | | 18 local school council on fiscal matters. The advisor shall have |
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94 | 94 | | 19 access to relevant financial records of the local school |
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95 | 95 | | 20 council. The advisor may attend executive sessions. The chief |
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96 | 96 | | 21 executive officer shall issue a written policy defining the |
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97 | 97 | | 22 circumstances under which a local school council is not |
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98 | 98 | | 23 carrying out its financial duties effectively. |
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99 | 99 | | 24 (b) Within 7 days of January 11, 1991, the Mayor shall |
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100 | 100 | | 25 appoint the members and officers (a Chairperson who shall be a |
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101 | 101 | | 26 parent member and a Secretary) of each local school council |
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102 | 102 | | |
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103 | 103 | | |
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104 | 104 | | |
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105 | 105 | | |
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106 | 106 | | |
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107 | 107 | | HB2276 - 2 - LRB103 26714 RJT 53077 b |
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108 | 108 | | |
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109 | 109 | | |
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110 | 110 | | HB2276- 3 -LRB103 26714 RJT 53077 b HB2276 - 3 - LRB103 26714 RJT 53077 b |
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111 | 111 | | HB2276 - 3 - LRB103 26714 RJT 53077 b |
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112 | 112 | | 1 who shall hold their offices until their successors shall be |
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113 | 113 | | 2 elected and qualified. Members so appointed shall have all the |
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114 | 114 | | 3 powers and duties of local school councils as set forth in |
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115 | 115 | | 4 Public Act 86-1477. The Mayor's appointments shall not require |
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116 | 116 | | 5 approval by the City Council. |
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117 | 117 | | 6 The membership of each local school council shall be |
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118 | 118 | | 7 encouraged to be reflective of the racial and ethnic |
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119 | 119 | | 8 composition of the student population of the attendance center |
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120 | 120 | | 9 served by the local school council. |
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121 | 121 | | 10 (c) Beginning with the 1995-1996 school year and in every |
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122 | 122 | | 11 even-numbered year thereafter, the Board shall set second |
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123 | 123 | | 12 semester Parent Report Card Pick-up Day for Local School |
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124 | 124 | | 13 Council elections and may schedule elections at year-round |
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125 | 125 | | 14 schools for the same dates as the remainder of the school |
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126 | 126 | | 15 system. Elections shall be conducted as provided herein by the |
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127 | 127 | | 16 Board of Education in consultation with the local school |
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128 | 128 | | 17 council at each attendance center. |
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129 | 129 | | 18 (c-5) Notwithstanding subsection (c), for the local school |
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130 | 130 | | 19 council election set for the 2019-2020 school year, the Board |
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131 | 131 | | 20 may hold the election on the first semester Parent Report Card |
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132 | 132 | | 21 Pick-up Day of the 2020-2021 school year, making any necessary |
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133 | 133 | | 22 modifications to the election process or date to comply with |
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134 | 134 | | 23 guidance from the Department of Public Health and the federal |
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135 | 135 | | 24 Centers for Disease Control and Prevention. The terms of |
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136 | 136 | | 25 office of all local school council members eligible to serve |
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137 | 137 | | 26 and seated on or after March 23, 2020 through January 10, 2021 |
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138 | 138 | | |
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139 | 139 | | |
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140 | 140 | | |
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141 | 141 | | |
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142 | 142 | | |
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143 | 143 | | HB2276 - 3 - LRB103 26714 RJT 53077 b |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | HB2276- 4 -LRB103 26714 RJT 53077 b HB2276 - 4 - LRB103 26714 RJT 53077 b |
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147 | 147 | | HB2276 - 4 - LRB103 26714 RJT 53077 b |
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148 | 148 | | 1 are extended through January 10, 2021, provided that the |
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149 | 149 | | 2 members continue to meet eligibility requirements for local |
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150 | 150 | | 3 school council membership. |
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151 | 151 | | 4 (d) Beginning with the 1995-96 school year, the following |
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152 | 152 | | 5 procedures shall apply to the election of local school council |
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153 | 153 | | 6 members at each attendance center: |
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154 | 154 | | 7 (i) The elected members of each local school council |
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155 | 155 | | 8 shall consist of the 6 parent members and the 2 community |
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156 | 156 | | 9 resident members. |
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157 | 157 | | 10 (ii) Each elected member shall be elected by the |
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158 | 158 | | 11 eligible voters of that attendance center to serve for a |
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159 | 159 | | 12 two-year term commencing on July 1 immediately following |
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160 | 160 | | 13 the election described in subsection (c), except that the |
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161 | 161 | | 14 terms of members elected to a local school council under |
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162 | 162 | | 15 subsection (c-5) shall commence on January 11, 2021 and |
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163 | 163 | | 16 end on July 1, 2022. Eligible voters for each attendance |
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164 | 164 | | 17 center shall consist of the parents and community |
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165 | 165 | | 18 residents for that attendance center. |
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166 | 166 | | 19 (iii) Each eligible voter shall be entitled to cast |
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167 | 167 | | 20 one vote for up to a total of 5 candidates, irrespective of |
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168 | 168 | | 21 whether such candidates are parent or community resident |
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169 | 169 | | 22 candidates. |
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170 | 170 | | 23 (iv) Each parent voter shall be entitled to vote in |
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171 | 171 | | 24 the local school council election at each attendance |
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172 | 172 | | 25 center in which he or she has a child currently enrolled. |
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173 | 173 | | 26 Each community resident voter shall be entitled to vote in |
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174 | 174 | | |
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178 | 178 | | |
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179 | 179 | | HB2276 - 4 - LRB103 26714 RJT 53077 b |
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182 | 182 | | HB2276- 5 -LRB103 26714 RJT 53077 b HB2276 - 5 - LRB103 26714 RJT 53077 b |
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183 | 183 | | HB2276 - 5 - LRB103 26714 RJT 53077 b |
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184 | 184 | | 1 the local school council election at each attendance |
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185 | 185 | | 2 center for which he or she resides in the applicable |
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186 | 186 | | 3 attendance area or voting district, as the case may be. |
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187 | 187 | | 4 (v) Each eligible voter shall be entitled to vote |
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188 | 188 | | 5 once, but not more than once, in the local school council |
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189 | 189 | | 6 election at each attendance center at which the voter is |
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190 | 190 | | 7 eligible to vote. |
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191 | 191 | | 8 (vi) The 2 teacher members and the non-teacher |
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192 | 192 | | 9 employee member of each local school council shall be |
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193 | 193 | | 10 appointed as provided in subsection (l) below each to |
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194 | 194 | | 11 serve for a two-year term coinciding with that of the |
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195 | 195 | | 12 elected parent and community resident members. From March |
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196 | 196 | | 13 23, 2020 through January 10, 2021, the chief executive |
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197 | 197 | | 14 officer or his or her designee may make accommodations to |
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198 | 198 | | 15 fill the vacancy of a teacher or non-teacher employee |
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199 | 199 | | 16 member of a local school council. |
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200 | 200 | | 17 (vii) At secondary attendance centers and attendance |
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201 | 201 | | 18 centers enrolling students in 7th and 8th grade, the |
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202 | 202 | | 19 voting student members shall be appointed as provided in |
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203 | 203 | | 20 subsection (m) below to serve for a one-year term |
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204 | 204 | | 21 coinciding with the beginning of the terms of the elected |
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205 | 205 | | 22 parent and community members of the local school council. |
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206 | 206 | | 23 For the 2020-2021 school year, the chief executive officer |
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207 | 207 | | 24 or his or her designee may make accommodations to fill the |
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208 | 208 | | 25 vacancy of a student member of a local school council. |
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209 | 209 | | 26 (e) The Council shall publicize the date and place of the |
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215 | 215 | | HB2276 - 5 - LRB103 26714 RJT 53077 b |
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218 | 218 | | HB2276- 6 -LRB103 26714 RJT 53077 b HB2276 - 6 - LRB103 26714 RJT 53077 b |
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219 | 219 | | HB2276 - 6 - LRB103 26714 RJT 53077 b |
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220 | 220 | | 1 election by posting notices at the attendance center, in |
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221 | 221 | | 2 public places within the attendance boundaries of the |
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222 | 222 | | 3 attendance center and by distributing notices to the pupils at |
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223 | 223 | | 4 the attendance center, and shall utilize such other means as |
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224 | 224 | | 5 it deems necessary to maximize the involvement of all eligible |
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225 | 225 | | 6 voters. |
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226 | 226 | | 7 (f) Nomination. The Council shall publicize the opening of |
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227 | 227 | | 8 nominations by posting notices at the attendance center, in |
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228 | 228 | | 9 public places within the attendance boundaries of the |
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229 | 229 | | 10 attendance center and by distributing notices to the pupils at |
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230 | 230 | | 11 the attendance center, and shall utilize such other means as |
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231 | 231 | | 12 it deems necessary to maximize the involvement of all eligible |
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232 | 232 | | 13 voters. Not less than 2 weeks before the election date, |
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233 | 233 | | 14 persons eligible to run for the Council shall submit their |
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234 | 234 | | 15 name, date of birth, social security number, if available, and |
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235 | 235 | | 16 some evidence of eligibility to the Council. The Council shall |
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236 | 236 | | 17 encourage nomination of candidates reflecting the |
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237 | 237 | | 18 racial/ethnic population of the students at the attendance |
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238 | 238 | | 19 center. Each person nominated who runs as a candidate shall |
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239 | 239 | | 20 disclose, in a manner determined by the Board, any economic |
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240 | 240 | | 21 interest held by such person, by such person's spouse or |
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241 | 241 | | 22 children, or by each business entity in which such person has |
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242 | 242 | | 23 an ownership interest, in any contract with the Board, any |
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243 | 243 | | 24 local school council or any public school in the school |
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244 | 244 | | 25 district. Each person nominated who runs as a candidate shall |
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245 | 245 | | 26 also disclose, in a manner determined by the Board, if he or |
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246 | 246 | | |
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250 | 250 | | |
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251 | 251 | | HB2276 - 6 - LRB103 26714 RJT 53077 b |
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254 | 254 | | HB2276- 7 -LRB103 26714 RJT 53077 b HB2276 - 7 - LRB103 26714 RJT 53077 b |
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255 | 255 | | HB2276 - 7 - LRB103 26714 RJT 53077 b |
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256 | 256 | | 1 she ever has been convicted of any of the offenses specified in |
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257 | 257 | | 2 subsection (c) of Section 34-18.5; provided that neither this |
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258 | 258 | | 3 provision nor any other provision of this Section shall be |
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259 | 259 | | 4 deemed to require the disclosure of any information that is |
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260 | 260 | | 5 contained in any law enforcement record or juvenile court |
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261 | 261 | | 6 record that is confidential or whose accessibility or |
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262 | 262 | | 7 disclosure is restricted or prohibited under Section 5-901 or |
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263 | 263 | | 8 5-905 of the Juvenile Court Act of 1987. Failure to make such |
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264 | 264 | | 9 disclosure shall render a person ineligible for election or to |
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265 | 265 | | 10 serve on the local school council. The same disclosure shall |
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266 | 266 | | 11 be required of persons under consideration for appointment to |
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267 | 267 | | 12 the Council pursuant to subsections (l) and (m) of this |
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268 | 268 | | 13 Section. |
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269 | 269 | | 14 Upon the election or appointment of a local school council |
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270 | 270 | | 15 member, the school district shall perform a check of the Dru |
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271 | 271 | | 16 Sjodin National Sex Offender Public Website, the Statewide Sex |
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272 | 272 | | 17 Offender Database, and the Statewide Murderer and Violent |
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273 | 273 | | 18 Offender Against Youth Database. An individual is ineligible |
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274 | 274 | | 19 for election or appointment to a local school council if he or |
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275 | 275 | | 20 she appears on the Dru Sjodin National Sex Offender Public |
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276 | 276 | | 21 Website or the Statewide Sex Offender Database or Statewide |
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277 | 277 | | 22 Murderer and Violent Offender Against Youth Database under |
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278 | 278 | | 23 Section 34-18.5. If the general superintendent determines at |
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279 | 279 | | 24 any time that a local school council member or member-elect |
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280 | 280 | | 25 appears on the Dru Sjodin National Sex Offender Public Website |
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281 | 281 | | 26 or the Statewide Sex Offender Database or Statewide Murderer |
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282 | 282 | | |
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284 | 284 | | |
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286 | 286 | | |
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287 | 287 | | HB2276 - 7 - LRB103 26714 RJT 53077 b |
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289 | 289 | | |
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290 | 290 | | HB2276- 8 -LRB103 26714 RJT 53077 b HB2276 - 8 - LRB103 26714 RJT 53077 b |
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291 | 291 | | HB2276 - 8 - LRB103 26714 RJT 53077 b |
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292 | 292 | | 1 and Violent Offender Against Youth Database, the general |
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293 | 293 | | 2 superintendent must notify the local school council member or |
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294 | 294 | | 3 member-elect of such determination and the local school |
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295 | 295 | | 4 council member or member-elect must be removed from the local |
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296 | 296 | | 5 school council by the board, subject to a hearing, convened |
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297 | 297 | | 6 pursuant to board rule, prior to removal. |
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298 | 298 | | 7 Notwithstanding any other provision of law to the |
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299 | 299 | | 8 contrary, a local school council member must comply with all |
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300 | 300 | | 9 applicable board rules and policies regarding employees or |
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301 | 301 | | 10 volunteers. |
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302 | 302 | | 11 (f-5) (Blank). Notwithstanding disclosure, a person who |
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303 | 303 | | 12 has been convicted of any of the following offenses at any time |
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304 | 304 | | 13 shall be ineligible for election or appointment to a local |
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305 | 305 | | 14 school council and ineligible for appointment to a local |
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306 | 306 | | 15 school council pursuant to subsections (l) and (m) of this |
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307 | 307 | | 16 Section: (i) those defined in Section 11-1.20, 11-1.30, |
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308 | 308 | | 17 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, |
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309 | 309 | | 18 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, |
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310 | 310 | | 19 12-13, 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) |
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311 | 311 | | 20 of Section 11-14.3, of the Criminal Code of 1961 or the |
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312 | 312 | | 21 Criminal Code of 2012, or (ii) any offense committed or |
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313 | 313 | | 22 attempted in any other state or against the laws of the United |
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314 | 314 | | 23 States, which, if committed or attempted in this State, would |
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315 | 315 | | 24 have been punishable as one or more of the foregoing offenses. |
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316 | 316 | | 25 Notwithstanding disclosure, a person who has been convicted of |
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317 | 317 | | 26 any of the following offenses within the 10 years previous to |
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318 | 318 | | |
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322 | 322 | | |
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323 | 323 | | HB2276 - 8 - LRB103 26714 RJT 53077 b |
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325 | 325 | | |
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326 | 326 | | HB2276- 9 -LRB103 26714 RJT 53077 b HB2276 - 9 - LRB103 26714 RJT 53077 b |
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327 | 327 | | HB2276 - 9 - LRB103 26714 RJT 53077 b |
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328 | 328 | | 1 the date of nomination or appointment shall be ineligible for |
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329 | 329 | | 2 election or appointment to a local school council: (i) those |
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330 | 330 | | 3 defined in Section 401.1, 405.1, or 405.2 of the Illinois |
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331 | 331 | | 4 Controlled Substances Act or (ii) any offense committed or |
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332 | 332 | | 5 attempted in any other state or against the laws of the United |
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333 | 333 | | 6 States, which, if committed or attempted in this State, would |
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334 | 334 | | 7 have been punishable as one or more of the foregoing offenses. |
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335 | 335 | | 8 Immediately upon election or appointment, incoming local |
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336 | 336 | | 9 school council members shall be required to undergo a criminal |
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337 | 337 | | 10 background investigation, to be completed prior to the member |
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338 | 338 | | 11 taking office, in order to identify any criminal convictions |
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339 | 339 | | 12 under the offenses enumerated in Section 34-18.5. The |
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340 | 340 | | 13 investigation shall be conducted by the Illinois State Police |
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341 | 341 | | 14 in the same manner as provided for in Section 34-18.5. |
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342 | 342 | | 15 However, notwithstanding Section 34-18.5, the social security |
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343 | 343 | | 16 number shall be provided only if available. If it is |
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344 | 344 | | 17 determined at any time that a local school council member or |
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345 | 345 | | 18 member-elect has been convicted of any of the offenses |
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346 | 346 | | 19 enumerated in this Section or failed to disclose a conviction |
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347 | 347 | | 20 of any of the offenses enumerated in Section 34-18.5, the |
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348 | 348 | | 21 general superintendent shall notify the local school council |
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349 | 349 | | 22 member or member-elect of such determination and the local |
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350 | 350 | | 23 school council member or member-elect shall be removed from |
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351 | 351 | | 24 the local school council by the Board, subject to a hearing, |
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352 | 352 | | 25 convened pursuant to Board rule, prior to removal. |
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353 | 353 | | 26 (g) At least one week before the election date, the |
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354 | 354 | | |
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355 | 355 | | |
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356 | 356 | | |
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357 | 357 | | |
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358 | 358 | | |
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359 | 359 | | HB2276 - 9 - LRB103 26714 RJT 53077 b |
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360 | 360 | | |
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361 | 361 | | |
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362 | 362 | | HB2276- 10 -LRB103 26714 RJT 53077 b HB2276 - 10 - LRB103 26714 RJT 53077 b |
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363 | 363 | | HB2276 - 10 - LRB103 26714 RJT 53077 b |
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364 | 364 | | 1 Council shall publicize, in the manner provided in subsection |
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365 | 365 | | 2 (e), the names of persons nominated for election. |
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366 | 366 | | 3 (h) Voting shall be in person by secret ballot at the |
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367 | 367 | | 4 attendance center between the hours of 6:00 a.m. and 7:00 p.m. |
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368 | 368 | | 5 (i) Candidates receiving the highest number of votes shall |
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369 | 369 | | 6 be declared elected by the Council. In cases of a tie, the |
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370 | 370 | | 7 Council shall determine the winner by lottery. |
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371 | 371 | | 8 (j) The Council shall certify the results of the election |
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372 | 372 | | 9 and shall publish the results in the minutes of the Council. |
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373 | 373 | | 10 (k) The general superintendent shall resolve any disputes |
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374 | 374 | | 11 concerning election procedure or results and shall ensure |
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375 | 375 | | 12 that, except as provided in subsections (e) and (g), no |
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376 | 376 | | 13 resources of any attendance center shall be used to endorse or |
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377 | 377 | | 14 promote any candidate. |
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378 | 378 | | 15 (l) Beginning with the first local school council election |
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379 | 379 | | 16 that occurs after December 3, 2021 (the effective date of |
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380 | 380 | | 17 Public Act 102-677), in every even numbered year, the Board |
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381 | 381 | | 18 shall appoint 2 teacher members to each local school council. |
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382 | 382 | | 19 These appointments shall be made in the following manner: |
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383 | 383 | | 20 (i) The Board shall appoint 2 teachers who are |
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384 | 384 | | 21 employed and assigned to perform the majority of their |
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385 | 385 | | 22 employment duties at the attendance center to serve on the |
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386 | 386 | | 23 local school council of the attendance center for a |
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387 | 387 | | 24 two-year term coinciding with the terms of the elected |
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388 | 388 | | 25 parent and community members of that local school council. |
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389 | 389 | | 26 These appointments shall be made from among those teachers |
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390 | 390 | | |
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391 | 391 | | |
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392 | 392 | | |
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393 | 393 | | |
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394 | 394 | | |
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395 | 395 | | HB2276 - 10 - LRB103 26714 RJT 53077 b |
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396 | 396 | | |
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397 | 397 | | |
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398 | 398 | | HB2276- 11 -LRB103 26714 RJT 53077 b HB2276 - 11 - LRB103 26714 RJT 53077 b |
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399 | 399 | | HB2276 - 11 - LRB103 26714 RJT 53077 b |
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400 | 400 | | 1 who are nominated in accordance with subsection (f). |
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401 | 401 | | 2 (ii) A non-binding, advisory poll to ascertain the |
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402 | 402 | | 3 preferences of the school staff regarding appointments of |
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403 | 403 | | 4 teachers to the local school council for that attendance |
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404 | 404 | | 5 center shall be conducted in accordance with the |
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405 | 405 | | 6 procedures used to elect parent and community Council |
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406 | 406 | | 7 representatives. At such poll, each member of the school |
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407 | 407 | | 8 staff shall be entitled to indicate his or her preference |
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408 | 408 | | 9 for up to 2 candidates from among those who submitted |
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409 | 409 | | 10 statements of candidacy as described above. These |
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410 | 410 | | 11 preferences shall be advisory only and the Board shall |
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411 | 411 | | 12 maintain absolute discretion to appoint teacher members to |
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412 | 412 | | 13 local school councils, irrespective of the preferences |
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413 | 413 | | 14 expressed in any such poll. Prior to the appointment of |
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414 | 414 | | 15 staff members to local school councils, the Board shall |
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415 | 415 | | 16 make public the vetting process of staff member |
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416 | 416 | | 17 candidates. Any staff member seeking candidacy shall be |
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417 | 417 | | 18 allowed to make an inquiry to the Board to determine if the |
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418 | 418 | | 19 Board may deny the appointment of the staff member. An |
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419 | 419 | | 20 inquiry made to the Board shall be made in writing in |
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420 | 420 | | 21 accordance with Board procedure. |
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421 | 421 | | 22 (iii) In the event that a teacher representative is |
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422 | 422 | | 23 unable to perform his or her employment duties at the |
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423 | 423 | | 24 school due to illness, disability, leave of absence, |
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424 | 424 | | 25 disciplinary action, or any other reason, the Board shall |
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425 | 425 | | 26 declare a temporary vacancy and appoint a replacement |
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426 | 426 | | |
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427 | 427 | | |
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428 | 428 | | |
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429 | 429 | | |
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430 | 430 | | |
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431 | 431 | | HB2276 - 11 - LRB103 26714 RJT 53077 b |
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432 | 432 | | |
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433 | 433 | | |
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434 | 434 | | HB2276- 12 -LRB103 26714 RJT 53077 b HB2276 - 12 - LRB103 26714 RJT 53077 b |
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435 | 435 | | HB2276 - 12 - LRB103 26714 RJT 53077 b |
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436 | 436 | | 1 teacher representative to serve on the local school |
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437 | 437 | | 2 council until such time as the teacher member originally |
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438 | 438 | | 3 appointed pursuant to this subsection (l) resumes service |
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439 | 439 | | 4 at the attendance center or for the remainder of the term. |
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440 | 440 | | 5 The replacement teacher representative shall be appointed |
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441 | 441 | | 6 in the same manner and by the same procedures as teacher |
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442 | 442 | | 7 representatives are appointed in subdivisions (i) and (ii) |
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443 | 443 | | 8 of this subsection (l). |
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444 | 444 | | 9 (m) Beginning with the 1995-1996 school year through the |
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445 | 445 | | 10 2020-2021 school year, the Board shall appoint one student |
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446 | 446 | | 11 member to each secondary attendance center. Beginning with the |
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447 | 447 | | 12 2021-2022 school year and for every school year thereafter, |
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448 | 448 | | 13 the Board shall appoint 3 student members to the local school |
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449 | 449 | | 14 council of each secondary attendance center and one student |
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450 | 450 | | 15 member to the local school council of each attendance center |
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451 | 451 | | 16 enrolling students in 7th and 8th grade. Students enrolled in |
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452 | 452 | | 17 grade 6 or above are eligible to be candidates for a local |
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453 | 453 | | 18 school council. No attendance center enrolling students in 7th |
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454 | 454 | | 19 and 8th grade may have more than one student member, unless the |
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455 | 455 | | 20 attendance center enrolls students in grades 7 through 12, in |
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456 | 456 | | 21 which case the attendance center may have a total of 3 student |
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457 | 457 | | 22 members on the local school council. The Board may establish |
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458 | 458 | | 23 criteria for students to be considered eligible to serve as a |
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459 | 459 | | 24 student member. These appointments shall be made in the |
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460 | 460 | | 25 following manner: |
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461 | 461 | | 26 (i) Appointments shall be made from among those |
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462 | 462 | | |
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463 | 463 | | |
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464 | 464 | | |
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465 | 465 | | |
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466 | 466 | | |
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467 | 467 | | HB2276 - 12 - LRB103 26714 RJT 53077 b |
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468 | 468 | | |
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469 | 469 | | |
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470 | 470 | | HB2276- 13 -LRB103 26714 RJT 53077 b HB2276 - 13 - LRB103 26714 RJT 53077 b |
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471 | 471 | | HB2276 - 13 - LRB103 26714 RJT 53077 b |
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472 | 472 | | 1 students who submit statements of candidacy to the |
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473 | 473 | | 2 principal of the attendance center, such statements to be |
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474 | 474 | | 3 submitted commencing on the first day of the twentieth |
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475 | 475 | | 4 week of school and continuing for 2 weeks thereafter. The |
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476 | 476 | | 5 form and manner of such candidacy statements shall be |
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477 | 477 | | 6 determined by the Board. |
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478 | 478 | | 7 (ii) During the twenty-second week of school in every |
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479 | 479 | | 8 year, the principal of each attendance center shall |
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480 | 480 | | 9 conduct a binding election to ascertain the preferences of |
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481 | 481 | | 10 the school students regarding the appointment of students |
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482 | 482 | | 11 to the local school council for that attendance center. At |
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483 | 483 | | 12 such election, each student shall be entitled to indicate |
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484 | 484 | | 13 his or her preference for up to one candidate from among |
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485 | 485 | | 14 those who submitted statements of candidacy as described |
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486 | 486 | | 15 above. The Board shall promulgate rules to ensure that |
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487 | 487 | | 16 these elections are conducted in a fair and equitable |
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488 | 488 | | 17 manner and maximize the involvement of all school |
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489 | 489 | | 18 students. In the case of a tie vote, the local school |
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490 | 490 | | 19 council shall determine the winner by lottery. The |
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491 | 491 | | 20 preferences expressed in these elections shall be |
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492 | 492 | | 21 transmitted by the principal to the Board. These |
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493 | 493 | | 22 preferences shall be binding on the Board. |
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494 | 494 | | 23 (iii) (Blank). |
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495 | 495 | | 24 (n) The Board may promulgate such other rules and |
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496 | 496 | | 25 regulations for election procedures as may be deemed necessary |
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497 | 497 | | 26 to ensure fair elections. |
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498 | 498 | | |
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499 | 499 | | |
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500 | 500 | | |
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501 | 501 | | |
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502 | 502 | | |
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503 | 503 | | HB2276 - 13 - LRB103 26714 RJT 53077 b |
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504 | 504 | | |
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505 | 505 | | |
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506 | 506 | | HB2276- 14 -LRB103 26714 RJT 53077 b HB2276 - 14 - LRB103 26714 RJT 53077 b |
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507 | 507 | | HB2276 - 14 - LRB103 26714 RJT 53077 b |
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508 | 508 | | 1 (o) In the event that a vacancy occurs during a member's |
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509 | 509 | | 2 term, the Council shall appoint a person eligible to serve on |
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510 | 510 | | 3 the Council to fill the unexpired term created by the vacancy, |
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511 | 511 | | 4 except that any teacher or non-teacher staff vacancy shall be |
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512 | 512 | | 5 filled by the Board after considering the preferences of the |
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513 | 513 | | 6 school staff as ascertained through a non-binding advisory |
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514 | 514 | | 7 poll of school staff. In the case of a student vacancy, the |
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515 | 515 | | 8 vacancy shall be filled by the preferences of an election poll |
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516 | 516 | | 9 of students. |
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517 | 517 | | 10 (p) If less than the specified number of persons is |
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518 | 518 | | 11 elected within each candidate category, the newly elected |
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519 | 519 | | 12 local school council shall appoint eligible persons to serve |
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520 | 520 | | 13 as members of the Council for 2-year terms, as provided in |
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521 | 521 | | 14 subsection (c-5) of Section 34-2.2 of this Code. |
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522 | 522 | | 15 (q) The Board shall promulgate rules regarding conflicts |
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523 | 523 | | 16 of interest and disclosure of economic interests which shall |
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524 | 524 | | 17 apply to local school council members and which shall require |
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525 | 525 | | 18 reports or statements to be filed by Council members at |
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526 | 526 | | 19 regular intervals with the Secretary of the Board. Failure to |
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527 | 527 | | 20 comply with such rules or intentionally falsifying such |
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528 | 528 | | 21 reports shall be grounds for disqualification from local |
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529 | 529 | | 22 school council membership. A vacancy on the Council for |
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530 | 530 | | 23 disqualification may be so declared by the Secretary of the |
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531 | 531 | | 24 Board. Rules regarding conflicts of interest and disclosure of |
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532 | 532 | | 25 economic interests promulgated by the Board shall apply to |
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533 | 533 | | 26 local school council members. No less than 45 days prior to the |
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534 | 534 | | |
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535 | 535 | | |
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536 | 536 | | |
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537 | 537 | | |
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538 | 538 | | |
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539 | 539 | | HB2276 - 14 - LRB103 26714 RJT 53077 b |
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540 | 540 | | |
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541 | 541 | | |
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542 | 542 | | HB2276- 15 -LRB103 26714 RJT 53077 b HB2276 - 15 - LRB103 26714 RJT 53077 b |
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543 | 543 | | HB2276 - 15 - LRB103 26714 RJT 53077 b |
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544 | 544 | | 1 deadline, the general superintendent shall provide notice, by |
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545 | 545 | | 2 mail, to each local school council member of all requirements |
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546 | 546 | | 3 and forms for compliance with economic interest statements. |
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547 | 547 | | 4 (r) (1) If a parent member of a local school council ceases |
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548 | 548 | | 5 to have any child enrolled in the attendance center governed |
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549 | 549 | | 6 by the Local School Council due to the graduation or voluntary |
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550 | 550 | | 7 transfer of a child or children from the attendance center, |
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551 | 551 | | 8 the parent's membership on the Local School Council and all |
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552 | 552 | | 9 voting rights are terminated immediately as of the date of the |
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553 | 553 | | 10 child's graduation or voluntary transfer. If the child of a |
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554 | 554 | | 11 parent member of a local school council dies during the |
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555 | 555 | | 12 member's term in office, the member may continue to serve on |
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556 | 556 | | 13 the local school council for the balance of his or her term. |
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557 | 557 | | 14 Further, a local school council member may be removed from the |
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558 | 558 | | 15 Council by a majority vote of the Council as provided in |
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559 | 559 | | 16 subsection (c) of Section 34-2.2 if the Council member has |
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560 | 560 | | 17 missed 3 consecutive regular meetings, not including committee |
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561 | 561 | | 18 meetings, or 5 regular meetings in a 12-month period, not |
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562 | 562 | | 19 including committee meetings. If a parent member of a local |
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563 | 563 | | 20 school council ceases to be eligible to serve on the Council |
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564 | 564 | | 21 for any other reason, he or she shall be removed by the Board |
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565 | 565 | | 22 subject to a hearing, convened pursuant to Board rule, prior |
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566 | 566 | | 23 to removal. A vote to remove a Council member by the local |
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567 | 567 | | 24 school council shall only be valid if the Council member has |
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568 | 568 | | 25 been notified personally or by certified mail, mailed to the |
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569 | 569 | | 26 person's last known address, of the Council's intent to vote |
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570 | 570 | | |
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571 | 571 | | |
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572 | 572 | | |
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574 | 574 | | |
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575 | 575 | | HB2276 - 15 - LRB103 26714 RJT 53077 b |
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576 | 576 | | |
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577 | 577 | | |
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578 | 578 | | HB2276- 16 -LRB103 26714 RJT 53077 b HB2276 - 16 - LRB103 26714 RJT 53077 b |
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579 | 579 | | HB2276 - 16 - LRB103 26714 RJT 53077 b |
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580 | 580 | | 1 on the Council member's removal at least 7 days prior to the |
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581 | 581 | | 2 vote. The Council member in question shall have the right to |
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582 | 582 | | 3 explain his or her actions and shall be eligible to vote on the |
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583 | 583 | | 4 question of his or her removal from the Council. The |
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584 | 584 | | 5 provisions of this subsection shall be contained within the |
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585 | 585 | | 6 petitions used to nominate Council candidates. |
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586 | 586 | | 7 (2) A person may continue to serve as a community resident |
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587 | 587 | | 8 member of a local school council as long as he or she resides |
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588 | 588 | | 9 in the attendance area served by the school and is not employed |
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589 | 589 | | 10 by the Board nor is a parent of a student enrolled at the |
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590 | 590 | | 11 school. If a community resident member ceases to be eligible |
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591 | 591 | | 12 to serve on the Council, he or she shall be removed by the |
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592 | 592 | | 13 Board subject to a hearing, convened pursuant to Board rule, |
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593 | 593 | | 14 prior to removal. |
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594 | 594 | | 15 (3) A person may continue to serve as a staff member of a |
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595 | 595 | | 16 local school council as long as he or she is employed and |
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596 | 596 | | 17 assigned to perform a majority of his or her duties at the |
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597 | 597 | | 18 school, provided that if the staff representative resigns from |
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598 | 598 | | 19 employment with the Board or voluntarily transfers to another |
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599 | 599 | | 20 school, the staff member's membership on the local school |
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600 | 600 | | 21 council and all voting rights are terminated immediately as of |
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601 | 601 | | 22 the date of the staff member's resignation or upon the date of |
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602 | 602 | | 23 the staff member's voluntary transfer to another school. If a |
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603 | 603 | | 24 staff member of a local school council ceases to be eligible to |
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604 | 604 | | 25 serve on a local school council for any other reason, that |
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605 | 605 | | 26 member shall be removed by the Board subject to a hearing, |
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606 | 606 | | |
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608 | 608 | | |
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609 | 609 | | |
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610 | 610 | | |
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611 | 611 | | HB2276 - 16 - LRB103 26714 RJT 53077 b |
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613 | 613 | | |
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614 | 614 | | HB2276- 17 -LRB103 26714 RJT 53077 b HB2276 - 17 - LRB103 26714 RJT 53077 b |
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615 | 615 | | HB2276 - 17 - LRB103 26714 RJT 53077 b |
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616 | 616 | | 1 convened pursuant to Board rule, prior to removal. |
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617 | 617 | | 2 (s) As used in this Section only, "community resident" |
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618 | 618 | | 3 means a person, 17 years of age or older, residing within an |
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619 | 619 | | 4 attendance area served by a school, excluding any person who |
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620 | 620 | | 5 is a parent of a student enrolled in that school; provided that |
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621 | 621 | | 6 with respect to any multi-area school, community resident |
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622 | 622 | | 7 means any person, 17 years of age or older, residing within the |
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623 | 623 | | 8 voting district established for that school pursuant to |
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624 | 624 | | 9 Section 34-2.1c, excluding any person who is a parent of a |
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625 | 625 | | 10 student enrolled in that school. This definition does not |
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626 | 626 | | 11 apply to any provisions concerning school boards. |
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627 | 627 | | 12 (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21; |
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628 | 628 | | 13 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff. |
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629 | 629 | | 14 5-13-22.) |
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630 | 630 | | |
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635 | 635 | | HB2276 - 17 - LRB103 26714 RJT 53077 b |
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