2:10 School District GovernanceThe District is governed by a School Board consisting of 7 members. The Board’s powers and duties include the authority to adopt, enforce and monitor all policies for the management and governance of the District’s schools.Official action by the School Board may only occur at a duly called and legally conducted meeting at which a quorum is physically present.School Board members, as individuals, have no authority over school affairs, except as provided by law or as authorized by the Board.LEGAL REF.: 105 ILCS 5/10-1, 5/10-10, 5/10-12, 5/10-16.7, and 5/10-20.5.
5 ILCS 1.02CROSS REF.: 1:10, 2:20, 2:200, 2:220ADOPTED: October 4, 1999REVISED: December 21, 2006
2:20 Powers and Duties of the School Board
The major powers and duties of the School Board include, but are not limited to:
- Organizing the Board after each consolidated election by electing officers and establishing its regular meeting schedule and, thereafter, taking action during lawfully called meetings to faithfully fulfill the Board’s responsibilities in accordance with State and federal law.
- Formulating, adopting, and modifying Board policies, at its sole discretion, subject only to mandatory collective bargaining agreements and State and federal law.
- Employing a Superintendent and other personnel, making employment decisions, dismissing personnel, and establishing an equal employment opportunity policy that prohibits unlawful discrimination.
- Directing, through policy, the Superintendent, in his or her charge of the District’s administration.
- Approving the annual budget, tax levies, major expenditures, payment of obligations, annual audit, and other aspects of the District’s financial operation; and making available a statement of financial affairs as provided in State law.
- Entering contracts using the public bidding procedure when required.
- Providing, constructing, controlling, and maintaining adequate physical facilities; making school buildings available for use as civil defense shelters; and establishing a resource conservation policy.
- Establishing an equal educational opportunities policy that prohibits unlawful discrimination.
- Approving the curriculum, textbooks, and educational services.
- Evaluating the educational program and approving School Improvement and District Improvement Plans.
- Presenting the District report card and School report card(s) to parents/guardians and the community; these documents report District, School, and student performance.
- Establishing and supporting student discipline policies designed to maintain an environment conducive to learning, including deciding individual student suspension or expulsion cases brought before it.
- Establishing attendance units within the District and assigning students to the schools.
- Establishing the school year.
- Requiring a moment of silence to recognize veterans during any type of school event held at a District school on November 11.
- Providing student transportation services pursuant to State law.
- Entering into joint agreements with other boards to establish cooperative educational programs or provide educational facilities.
- Complying with requirements in the Abused and Neglected Child Reporting Act. Specifically, each individual Board member must, if an allegation is raised to the member during an open or closed Board meeting that a student is an abused child as defined in the Act, direct or cause the Board to direct the Superintendent or other equivalent school administrator to comply with the Act’s requirements concerning the reporting of child abuse.
- Communicating the schools’ activities and operations to the community and representing the needs and desires of the community in educational matters.
To the extent allowed by law, the Board shall defend, indemnify, and hold harmless School Board members, employees, volunteer personnel (pursuant to 105 ILCS 5/10-22.34, 10-22.34a and 10-22.34b), mentors of certified staff (pursuant to 105 ILCS 5/2-3.53a, 2-3.53b, and 105 ILCS 5/21A-5 et. seq.), and student teachers who, in the course of discharging their official duties imposed or authorized by law, are sued as parties in a legal proceeding. Nothing herein, however, shall be construed as obligating the Board to defend, indemnify, or hold harmless any person who engages in criminal activity, official misconduct, fraud, intentional or willful and wanton misconduct, or acts beyond the authority properly vested in the individual.
LEGAL REF.: 105 ILCS 5/2-3.25d, 5/10, 5/17-1, and 5/27-1.115 ILCS 5/.325 ILCS 5/4.
CROSS REF.: 1:10, 1:20 2:10, 2:80, 2:140, 2:210, 2:240, 4:60, 4:70, 4:100, 4:110, 4:150, 5:10, 5:90, 6:10, 6:15, 6:20, 7:10, 7:30, 7:190, 7:200, 7:210, 8:10, 8:30
ADOPTED: October 4, 1999
REVISED: December 18, 2000; February 22, 2007; October 30, 2014
2:30 School Board Elections
School District elections are non-partisan, governed by the general election laws of the State, and include the election of School Board members, various public policy propositions, and advisory questions. Board members are elected at the consolidated election held on the first Tuesday in April in odd-numbered years. 3 If, however, that date conflicts with the celebration of Passover, the consolidated election is postponed to the first Tuesday following the last day of Passover. The canvass of votes is conducted by the election authority within 21 days after the election.
The Board, by proper resolution, may cause to be placed on the ballot: (a) public policy referendum according to Article 28 of the Election Code, or (b) advisory questions of public policy according to Section 9-1.5 of the School Code.
The Board Secretary serves as the local election official. He or she receives petitions for the submission of a public question to referenda and forwards them to the proper election officer and otherwise provides information to the community concerning District elections.
10 ILCS 5/1-3, 5/2A-1.1 et seq., 5/10-9, 5/22-17, 5/22-18 and 5/28-1 et seq. 105 ILCS 5/9-1 et seq.
2:40, 2:50, and 2:210
October 4, 1999
February 2005; May 22, 2006; September 25, 2014
2:40 Board Member Qualifications
A School Board member must be, on the date of election, a United States citizen at least 18 years of age, a resident of Illinois and the District for at least one year immediately preceding the election, and a registered voter.
Reasons making an individual ineligible for Board membership include holding an incompatible office and certain types of State or federal employment. A child sex offender, as defined in State law, is ineligible for School Board membership
LEGAL REF.: Ill. Constitution, Art. 2, 1; Art. 4, 2(e); Art. 6, 13(b).105 ILCS 5/10-3 and 5/10-10.
CROSS REF.: 2:30, 2:70
ADOPTED: October 4, 1999
REVISED: January 29, 2004; October 30, 2014
2:50 Board Member Terms of OfficeThe term of office for a School Board member begins immediately after both of the following occur:
The term ends 4 years later when the successor assumes office.LEGAL REF.: 10 ILCS 5/2A-1.1.
- The election authority canvasses the votes and declares the winner(s); this occurs within 21 days after the consolidated election held on the first Tuesday in April in odd-numbered years.
- The successful candidate takes the oath of office as provided in Board Policy 2:80, Board Member Oath and Conduct.
105 ILCS 5/10-10, 5/10-16, and 5/10-16.5.CROSS REF: 2:30, 2:80, 2:210ADOPTED: October 4, 1999REVISED: August 19, 2002; April 28, 2005; February 22, 2007
5-YEAR REVIEW: August 2014 (no changes)
2:60 Board Member Removal from OfficeIf a majority of the Board determines that a Board member has willfully failed to perform his or her official duties, it may request the Regional Superintendent to remove such member from office.LEGAL REF.: 105 ILCS 5/3-15.5.CROSS REF.: 2:70ADOPTED: October 4, 1999
5-YEAR REVIEW: August 2014 (no changes)
2:70 Vacancies on School Board - Filling VacanciesElective office of a School Board member becomes vacant before the term’s expiration when any of the following occurs:
- Death of the incumbent;
- Resignation in writing filed with the Secretary of the School Board;
- Legal disability of the incumbent;
- Conviction of a felony, bribery, perjury, or other infamous crime, or of any offense involving a violation of official oath, or of a violent crime against a child;
- Removal from office;
- The decision of a competent tribunal declaring his or her election void;
- Ceasing to be an inhabitant of the District or of a particular area from which he or she was elected, if the residential requirements contained in The School Code are violated;
- An illegal conflict of interest; or
- Acceptance of a second public office that is incompatible with School Board membership.
Whenever a vacancy occurs, the remaining members shall notify the Regional Superintendent of Schools of that vacancy within 5 days after its occurrence and shall fill the vacancy until the next regular School Board election, at which election a successor shall be elected to serve the remainder of the unexpired term. However, if the vacancy occurs with less than 868 days remaining in the term, the person so appointed shall serve the remainder of the unexpired term, and no election to fill the vacancy shall be held. Members appointed by the remaining members of the Board to fill vacancies shall meet any residential requirements as specified in The School Code. The Board shall fill the vacancy within 45 days after it occurred by a public vote at a meeting of the Board.
Immediately following a vacancy on the School Board, the Board will publicize it and accept resumes from District residents who are interested in filling the vacancy. After reviewing the applications, the Board may invite the prospective candidates for personal interviews to be conducted during duly scheduled closed meetings.
LEGAL REF.:105 ILCS 5/10-10 and 5/10-11.
CROSS REF.:2:40, 2:60
ADOPTED: October 4, 1999
REVISED: December 18, 2000
2:80 Board Member Oath and Conduct
Each School Board member, before taking his or her seat on the Board, shall take the following oath of office:
I, (name), do solemnly swear (or affirm) that I will faithfully discharge the duties of the office of member of the Board of Education of Consolidated High School District 230, in accordance with the Constitution of the United States, the Constitution of the State of Illinois, and the laws of the State of Illinois, to the best of my ability.
I further swear (or affirm) that:
I shall respect taxpayer interests by serving as a faithful protector of the School District’s assets;
I shall encourage and respect the free expression of opinion by my fellow Board members and others who seek a hearing before the Board, while respecting the privacy of students and employees;
I shall recognize that a Board member has no legal authority as an individual and that decisions can be made only by a majority vote at a public Board meeting; and
I shall abide by majority decisions of the Board, while retaining the right to seek changes in such decisions through ethical and constructive channels.
The Board President will administer the oath in an open Board meeting; in the absence of the President, the Vice President will administer the oath. If neither is available, the Board member with the longest service on the Board will administer the oath.
The Board adopts the Illinois Association of School Boards’ “Code of Conduct for Members of School Boards.” A copy of the Code shall be displayed at the Administration Center.
LEGAL REF.: 105 ILCS 5/10-16.5.
CROSS REF.: 1:30, 2:20, 2:50, 2:100; 2:105; 2:210
ADOPTED: October 4, 1999
REVISED: February 22, 2007; October 28, 2010
5-YEAR REVIEW: August 2014 (no changes)
2:100 Board Member Conflict of Interest
No School Board member shall (1) have a beneficial interest directly or indirectly in any contract, work, or business of the District unless permitted by state or federal law or (2) solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to agreements or contracts with the District. Situations in which the interest is not substantial or the gift is an unsolicited item of nominal value must comply with State law and Board policy 2:105, Ethics and Gift Ban
School Board members must annually file a Statement of Economic Interests as required by the Illinois Governmental Ethics Act. Each School Board member is responsible for filing the statement with the county clerk of the county in which the District's main office is located by May 1.
LEGAL REF.: 5 ILCS 420/4A-101, 420/4A-105, 420/4A-106, 420/4A-107, 420/4A-108-amended by P.A. 99-108; 50 ILCS 105/3. 105 ILCS 5/10-9
CROSS REF: 2:105, 4:60 (Purchases and Contracts) 5:120
ADOPTED: October 4, 1999
REVISED: December 18, 2000; April 28, 2003; May 24, 2004; September 24, 2009; September 30, 2010; February 27, 2014 (legal reference only); October 29, 2015 (legal reference only), May 30, 2017
2:105 Ethics and Gift BanProhibited Political ActivityThe following precepts govern political activities being conducted by District employees and School Board members:
A Board Member or employee may engage in activities that: (1) are otherwise appropriate as part of his or her official duties, or (2) are undertaken by the individual on a voluntary basis that are not prohibited by this policy.Limitations on Receiving GiftsExcept as permitted by this policy, no Board Member or employee, and no spouse of or immediate family member living with any Board Member or employee shall intentionally solicit or accept any “gift” from any “prohibited source” as those terms are defined herein, or that is otherwise prohibited by law or policy. No prohibited source shall intentionally offer or make a gift that violates this policy.
- No employee shall intentionally perform any “political activity” during any “compensated time” as those terms are defined herein.
- No Board Member or employee shall intentionally use any District property or resources in connection with any political activity.
- At no time shall any Board Member or employee intentionally require any other Board Member or employee to perform any political activity: (a) as part of that Board Member’s or employee's duties, (b) as a condition of employment, or (c) during any compensated time off, such as holidays, vacation or personal time off.
- No Board Member or employee shall be required at any time to participate in any political activity in consideration for that Board Member or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any Board Member or employee be awarded additional compensation or any benefit in consideration for his or her participation in any political activity.
The following are exceptions to the ban on accepting gifts from a prohibited source:
Each of the listed exceptions is mutually exclusive and independent of every other.A Board Member or employee, his or her spouse or an immediate family member living with the Board Member or employee, does not violate this policy if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under Section 501 (c)(3) of the Internal Revenue Code.
- Opportunities, benefits, and services that are available on the same conditions as for the general public.
- Anything for which the Board Member or employee, or his or her spouse or immediate family member, pays the fair market value.
- Any: (a) contribution that is lawfully made under the Election Code, or (b) activities associated with a fund-raising event in support of a political organization or candidate.
- Educational materials and missions.
- Travel expenses for a meeting to discuss business.
- A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiancé or fiancée.
- Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient shall consider the circumstances under which the gift was offered, such as: (a) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; (b) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and (c) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other Board Members or employees, or their spouses or immediate family members.
- Food or refreshments not exceeding $75 per person in value on a single calendar day; provided that the food or refreshments are: (a) consumed on the premises from which they were purchased or prepared; or (b) catered. "Catered" means food or refreshments that are purchased ready to consume which are delivered by any means.
- Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of a Board Member or employee), if the benefits have not been offered or enhanced because of the official position or employment of the Board Member or employee, and are customarily provided to others in similar circumstances.
- Intra-governmental and inter-governmental gifts. "Intra-governmental gift" means any gift given to a Board Member or employee from another Board Member or employee, and "inter-governmental gift" means any gift given to a Board Member or employee by an officer or employee of another governmental entity.
- Bequests, inheritances, and other transfers at death.
- Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.
EnforcementThe Board President and Superintendent shall seek guidance from the Board attorney concerning compliance with and enforcement of this policy and State ethics laws. The Board may, as necessary or prudent, appoint an Ethics Advisor for this task.Written complaints alleging a violation of this policy shall be filed with the Superintendent or Board President. If attempts to correct any misunderstanding or problem do not resolve the matter, the Superintendent or Board President shall, after consulting with the Board attorney, either place the alleged violation on a Board meeting agenda for the Board’s disposition or refer the complainant to Board Policy 2:260, Uniform Grievance Procedure. A Board member who is related, either by blood or by marriage, up to the degree of first cousin, to the person who is the subject of the complaint, shall not participate in any decision-making capacity for the Board. If the Board finds it more likely than not that the allegations in a complaint are true, it shall notify the State’s Attorney and/or consider disciplinary action for the employee.DefinitionsUnless otherwise stated, all terms used in this policy have the definition given in the State Officials and Employees Ethics Act, 5 ILCS 430/1-5.“Political activity” means:
With respect to an employee whose hours are not fixed, “compensated time” includes any period of time when the employee is on premises under the control of the District and any other time when the employee is executing his or her official duties, regardless of location."Prohibited source" means any person or entity who:
- Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.
- Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.
- Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution.
- Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
- Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.
- Assisting at the polls on Election Day on behalf of any political organization or candidate for elective office or for or against any referendum question.
- Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.
- Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.
- Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.
- Preparing or reviewing responses to candidate questionnaires.
- Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.
- Campaigning for any elective office or for or against any referendum question.
- Managing or working on a campaign for elective office or for or against any referendum question.
- Serving as a delegate, alternate, or proxy to a political party convention.
- Participating in any recount or challenge to the outcome of any election.
“Gift” means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of a Board Member or employee.LEGAL REF.: 5 ILCS 430/1-1, et seq.ADOPTED: June 24, 2004REVISED: September 25, 2008
- Is seeking official action by: (a) a Board Member, or (b) an employee, or by the Board Member or another employee directing that employee;
- Does business or seeks to do business with: (a) the Board Member, or (b) with an employee, or with the Board Member or another employee directing that employee;
- Conducts activities regulated by: (a) the Board Member, or (b) by an employee or by the Board Member or another employee directing that employee; or
- Has an interest that may be substantially affected by the performance or non-performance of the official duties of the Board Member or employee.
2:110 Qualifications, Term and Duties of Board Officers
The School Board officers are: President, Vice President, Secretary, and Treasurer. These officers are elected or appointed by the Board at its organizational meeting.
The Board elects a President from its members for a 2-year term. The duties of the President are to:
- Focus the Board meeting agendas on appropriate content and preside at all meetings;
- Make all Board committee appointments, unless specifically stated otherwise;
- Attend and observe any Board committee meeting at his or her discretion;
- Represent the Board on other boards or agencies;
- Sign official District documents requiring the President’s signature, including Board minutes and Certificate of Tax Levy;
- Call special meetings of the Board;
- Serve as the head of the public body for purposes of the Open Meetings Act and Freedom of Information Act;
- Ensure that a quorum of the Board is physically present at all Board meetings;
- Administer the oath of office to new Board members; and
- Serve as the Board’s official spokesperson to the media.
The President is permitted to participate in all Board meetings in a manner equal to all other Board members, including the ability to make and second motions.
The Vice President fills a vacancy in the Presidency.
The Board elects a Vice President from its members for a 2-year term. The Vice President performs the duties of the President if:
- The office of President is vacant;
- The President is absent; or
- The President is unable to perform the office’s duties.
A vacancy in the Vice Presidency is filled by a special Board election.
The Board elects a Secretary for a 2-year term. The secretary may be, but is not required to be, a Board member. The Secretary may receive reasonable compensation as determined by the Board before appointment. However, if the secretary is a Board member, the compensation shall not exceed $500 per year, as fixed by the Board at least 180 days before the beginning of the term. The duties of the Secretary are to:
- Keep minutes for all Board meetings and keep the verbatim record for all closed Board meetings;
- Mail meeting notification and agenda to news media who have officially requested copies;
- Keep records of the Board’s official acts, and sign them, along with the President, before submitting them to the Treasurer at such times as the Treasurer may require;
- Report to the Treasurer on or before July 7, annually, such information as the Treasurer is required to include in the Treasurer’s report to the Regional Superintendent;
- Act as the local election authority for the District;
- Arrange public inspection of the budget before adoption;
- Publish required notices;
- Sign official District documents requiring the Secretary’s signature; and
- Maintain Board policy and such other official documents as directed by the Board.
The Secretary may delegate some or all of these duties, except when State law prohibits the delegation. The Board appoints a secretary pro tempore, who may or may not be a Board member, if the Secretary is absent from any meeting or refuses to perform the duties of the office. A permanent vacancy in the office of Secretary is filled by special Board election.
The Board may appoint a Recording Secretary who is a staff member. The Recording Secretary shall:
- Assist the Secretary by taking the minutes for all open Board meetings;
- Assemble Board meeting material and provide it, along with prior meeting minutes, to Board members before the next meeting; and
- Perform the Secretary’s duties, as assigned, except when State law prohibits the delegation.
In addition, the Recording Secretary or Superintendent receives notification from Board members who desire to attend a Board meeting by video or audio means.
The Treasurer of the Board shall be either a member of the Board who serves a 1-year term or a non-Board member who serves at the Board’s pleasure. A Treasurer who is a Board member may not be compensated. A Treasurer who is not a Board member may be compensated provided it is established before the appointment. The Treasurer must:
- Be at least 21 years old;
- Not be a member of the County Board of School Trustees; and
- Have a financial background or related experience, or 12 credit hours of college-level accounting.
The Treasurer shall:
- Furnish a bond, which shall be approved by a majority of the full Board;
- Maintain custody of school funds;
- Maintain records of school funds and balances;
- Prepare a monthly reconciliation report for the Superintendent and Board; and
- Receive, hold, and expend District funds only upon the order of the Board.
A vacancy in the Treasurer’s office is filled by Board appointment.
LEGAL REF.: 5 ILCS 120/7 and 420/4A-106. 105 ILCS 5/8-1, 5/8-2, 5/8-3, 5/8-6, 5/8-16, 5/8-17, 5/10-1, 5/10-5, 5/10-7, 5/10-8, 5/10-13, 5/10-13.1, 5/10-14, 5/10-16.5, and 5/17-1.
CROSS REF.: 2:80, 2:210
ADOPTED: October 4, 1999
REVISED: September 25, 2003; February 22, 2007; October 28, 2010; October 30, 2014
2:120 Board Member Development
The School Board desires that its individual members learn, understand, and practice effective governance principles. The Board is responsible for Board member orientation and development. Board members have an equal opportunity to attend State and national meetings designed to familiarize members with public school issues, governance, and legislation.
The Board President and/or Superintendent shall provide all Board members with information regarding pertinent education materials, publications, and notices of training or development.
Mandatory Board Member Training
Each Board member is responsible for his or her own compliance with the mandatory training laws that are described below:
1. Each Board member elected or appointed to fill a vacancy of at least one year’s duration must complete at least four hours of professional development leadership training in education and labor law, financial oversight and accountability, and fiduciary responsibilities within the first year of his or her first term.
2. Each Board member must complete training on the Open Meetings Act no later than 90 days after taking the oath of office for the first time. After completing the training, each Board member must file a copy of the certificate of completion with the Board. Training on the Open Meetings Act is only required once.
3. Each Board member must complete a training program on evaluations under the Performance Evaluation Reform Act (PERA) before participating in a vote on a tenured teacher’s dismissal using the optional alternative evaluation dismissal process. This dismissal process is available after the District’s PERA implementation date.
4. All new members are encouraged to attend workshops for new members conducted by the Illinois Association of School Boards.
The Superintendent or designee shall invite all current candidates for the office of Board member to attend: (1) Board meetings, except that this invitation shall not extend to any closed meetings, and (2) pre-election workshops for candidates.
LEGAL REF.: 5 ILCS 120/1.05 and 120/2.
105 ILCS 5/10-16a and 5/24-16.5
CROSS REF.: 2:80, 2:125, 2:200
ADOPTED: October 4, 1999
REVISED: August 19, 2002; December 21, 2006; September 25, 2008; February 23, 2017
2:125 Board Member Expenses
School Board members provide volunteer service to the community and may not receive compensation for services, except that a Board member serving as the Board Secretary may be paid an amount up to the statutory limit if the Board so provides.
The Board may advance or reimburse members the actual and necessary expenses incurred while attending:
1. Meetings sponsored by the Illinois State Board of Education or by the Regional Superintendent of Schools;
2. County or regional meetings and the annual meeting sponsored by any school board association complying with Article 23 of the School Code; and
3. Meetings sponsored by an organization in the field of public school education.
In addition, the Board may reimburse a member for registration fees or tuition for a course that allowed the member to comply with the mandatory training described in policy 2:120, Board Member Development.
Expense reimbursement is not guaranteed and Board members should seek pre-approval of expenses, except in situations when the expense is diminutive. A Board member must return to the District any portion of an expense advance not used. Members must submit an itemized, signed voucher to support any expense advanced or to seek expense reimbursement. The voucher must show the amount of actual expense, attaching receipts if possible. A Board member submitting a bill for a group function should record participating members’ names on the receipt. Money shall not be advanced or reimbursed for: (1) the expenses of any person except the Board member, or (2) anyone’s personal expenses.
The Superintendent shall review the submitted vouchers for compliance with this policy. If any voucher’s compliance appears uncertain, the Superintendent shall notify the Board President or Vice President if the voucher in question is from the President, as well as the Board member who submitted the voucher. The Superintendent shall include the voucher in the monthly list of bills that is presented to the Board for approval or rejection.
When possible, registration fees will be paid by the District in advance.
The least expensive transportation will be used, providing that no hardship will be caused to the Board member. Board members will be reimbursed for:
1. Air travel at the coach or single class commercial airline rate. First class air travel will be reimbursed only if emergency circumstances warrant. The emergency circumstances must be explained on the expense voucher. Copies of airline tickets must be attached to the expense voucher.
2. Rail or bus travel at actual cost. Rail or bus travel costs may not exceed the cost of coach airfare. Copies of tickets will be attached to the expense voucher to substantiate amounts.
3. Use of personal automobiles at the standard mileage rate approved by the Internal Revenue Service for income tax purposes. The reimbursement may not exceed the cost of coach airfare. Mileage for use of personal automobiles in trips to and from transportation terminals will also be reimbursed. Toll charges and parking costs will be reimbursed.
4. Automobile rental costs when the vehicle’s use is warranted. The circumstances for such use must be explained on the expense voucher.
5. Taxis, airport limousines, or other local transportation costs.
Board members should request conference rate or mid-fare room accommodations. A single room rate will be reimbursed. Board members should pay personal expenses at checkout. If that is impossible, deductions for the charges should be made on the expense voucher.
Meal charges to the School District should represent mid-fare selections for the hotel/meeting facility or general area. Tips are included with the meal charges. Expense vouchers must explain the meal charges incurred.
Board members may seek reimbursement for other expenses incurred while attending a meeting sponsored by organizations described herein by fully describing the expenses on the expense voucher, attaching receipts if possible.
LEGAL REF.: 105 ILCS 5/10-20 and 5/10-22.32.
CROSS REF.: 2:100; 2:120; 2:120; and 4:50
ADOPTED: October 4, 1999
REVISED: August 19, 2002; October 25, 2007, October 30, 2014; December 22, 2016
2:130 Board-Superintendent RelationshipThe School Board employs and evaluates the Superintendent and holds him or her responsible for the operation of the District in accordance with Board policies and State and federal law.The Board-Superintendent relationship is based on mutual respect for their complementary roles. The relationship requires clear communication of expectations regarding the duties and responsibilities of both the Board and Superintendent.The Board considers the recommendations of the Superintendent as the District’s Chief Executive Officer. The Board adopts policies necessary to provide general direction for the District and to encourage achievement of District goals. The Superintendent develops plans, programs, and procedures needed to implement the policies and directs the District's operations.LEGAL REF.: 105 ILCS 5/10-16.7 and 5/10-21.4.CROSS REF.: 3:40ADOPTED: October 4, 1999REVISED: February 22, 2007
2:140 Communications To and From the Board
The School Board welcomes communications from staff members, parents, students, and community members. Individuals may submit questions or communications for the School Board’s consideration to the Superintendent or may use the electronic link to the Board’s email address(es) that is posted on the District’s website. In accordance with the Open Meetings Act and the Oath of Office taken by Board members, individual Board members will not (a) reply to an email on behalf of the entire Board, or (b) engage in the discussion of District business with a majority of a Board-quorum.
The Superintendent or designee shall:
1. Ensure that the home page for the District’s website contains an active electronic link to the email address(es) for the School Board, and
2. Provide the Board, such as in the Board meeting packet, with all emails that are received and any feedback regarding them. .
If contacted individually, Board members will refer the person to the appropriate level of authority, except in unusual situations. Board members’ questions or communications to staff or about programs will be channeled through the Superintendent’s office. Board members will not take individual action that might compromise the Board or District. There is no expectation of privacy for any communication sent to the Board or its members, whether sent by letter, email, or other means.
Board Member Use of Electronic Communications
For purposes of this section, electronic communications includes, without limitation, electronic mail, electronic chat, instant messaging, texting, and any form of social networking. Electronic communications among a majority or more of a Board-quorum, shall not be used for the purpose of discussing District business. Electronic communications among Board members shall be limited to: (1) disseminating information, and (2) messages not involving deliberation, debate, or decision-making. The following list contains example of permissible electronic communications:
· Agenda item suggestions
· Reminders regarding meeting times, dates, and places
· Board meeting agendas or information concerning agenda items
· Individual emails to community members, subject to the other limitations in this policy
LEGAL REF.: 23 5 ILCS 120/.
50 ILCS 205/20
CROSS REF.: 2:220, 3:30, 8:110
ADOPTED: October 4, 1999
REVISED: December 18, 2000; February 22, 2007; December 18, 2014; March 26, 2015
2:150 CommitteesCommitteesThe School Board may establish committees as to assist with the Board’s governance function and, in some situations, to comply with State law requirements. These committees are known as Board committees and report directly to the Board. Committee members may include both Board members and non-Board members depending on the committee’s purpose. The Board President makes all Board committee appointments unless specifically stated otherwise. Board committee meetings shall comply with the Open Meetings Act. A Board committee may not take final action on behalf of the Board; it may only make recommendations to the Board.1. Special Board Committees
A special committee may be created for a specific purpose or to investigate special issues. A special committee is automatically dissolved after presenting its final report to the Board or at the Board's discretion.2. Standing Board Committees
A standing committee is created for an indefinite term although its members, which include parents/guardians, community members, teachers and ESP association staff members, and Board members will fluctuate. The following are Standing Board Committees:• Student Services Committee
This committee reviews all policies, proposals, and programs related to student support services, special services, and the development of student discipline policy and procedure tto provide information and recommendations to the School Board. This committee develops and monitors procedures for using behavioral interventions in accordance with Board policy 7:230, Misconduct by Students and Disabilities.• Education Committee
This committee reviews all policies and proposals related to curriculum and co-curricular program renewal and development to provide information and recommendations to the School Board.• Building/Finance Committee
This committee systematically reviews transportation and the financial condition of the district and provides information and recommendations to the School Board on matters of policy, processes, and planning for district finance. Also, this committee oversees all building projects within the district and advises the School Board on the progress of those projects.
3. Health and Safety Committee.
This school committees assists the development of student discipline policy and procedure, and is comprised of parents and teachers, and may also include persons whose expertise or experience is needed. The committee reviews such issues as student discipline, disruptive classroom behavior, school bus safety procedures, and the dissemination of student conduct information.4. Insurance Committee
This committee examines all employee insurance programs including health/ medical, vision, dental, life, disability, and flexible spending to maximize benefits and minimize costs. Committee reports and recommendations are made to the School Board and to staff associations as needed.Superintendent CommitteesThe Superintendent creates Superintendent committees as deemed necessary and makes all appointments. Superintendent committees report to the Superintendent.LEGAL REF.: Family Educational Rights and Privacy Act, 20 U.S.C. §1232g.
Elementary and Secondary Education Act of 1965, as reauthorized by P.L.
Educational Consolidation and Improvement Act, Chapter I, General
Administrative Requirements, §200.53(b)(1). Rules and Regulations for the Control of Communicable Diseases, issued by the Illinois Department of Public Health.
5 ILCS 120/1 et seq.
105 ILCS 5/10-20.14 and 10/1 et seq.
23 Ill. Admin. Code §226.115 and §226.350 et seq.CROSS REF.: 2.240, 5.40, 6.170, 7.190, 7.230, 7.280ADOPTED: October 4, 1999REVISED: September 23, 2002; March 25, 2004; May 23, 2005; February 22, 2007; August 2010
2:160 Board Attorney
The School Board may enter into agreements for legal services with one or more attorneys or law firms to be the Board Attorney(s). The Board Attorney represents the School Board in its capacity as the governing body for the School District. The Board Attorney shall not represent another client if the representation involves a concurrent conflict of interest, unless permitted by the Ill. Rules of Professional Conduct adopted by the Ill. Supreme Court. The Board Attorney serves on a retainer or other fee arrangement as determined in advance. The Board Attorney will provide services as described in the agreement for legal services. The District will only pay for legal services that are provided in accordance with the agreement for legal services or are otherwise authorized by this policy or a majority of the Board.
The Superintendent, his or her designee, and Board President, are each authorized to confer with and/or seek the legal advice of the Board Attorney. The Board may authorize a specific member to confer with legal counsel on its behalf.
The Superintendent may authorize the Board Attorney to represent the District in any legal matter until the Board has an opportunity to consider the matter.
ADOPTED: October 4, 1999
CROSS REF: 4:60
REVISED: December 22, 2005; August 2010; October 29, 2015
2:170 Procurement of Architectural, Engineering and Land Surveying ServicesThe School Board selects architects, engineers, and land surveyors to provide professional services to the District on the basis of demonstrated competence and qualifications, and in accordance with State law.
LEGAL REF.: Shively v. Belleville Township High School District 201, 769 N.E.2d 1062 (5th Dist., Ill. App. 2002), appeal denied.
50 ILCS 510/ et seq., Local government Professional Services Selection Act.
105 ILCS 5/10-20.21.
40 U.S.C. § 541.
ADOPTED: October 4, 1999
REVISED: July 31, 2013 (footnotes only)
2:190 - Mailing Lists for Receiving Board MaterialThe Superintendent shall maintain a mailing list of the names and addresses each year of persons who file a written request to be on such a list. Those persons shall be mailed copies of the following, provided they have pre-paid the subscription fee, pro-rated if subscribing less than one year:
The subscription fee will be set annually to cover reproduction and mailing costs. The subscription period shall be the same as the District's fiscal year.LEGAL REF.: 105 ILCS 5/10-21.6.CROSS REF.: 2:220ADOPTED: October 4, 1999
- Board Agenda
- Official Board Minutes which will be mailed within 10 days after approval.
2:200 - Types of School Board Meetings
For all meetings of the School Board and its committees, the Superintendent or designee shall satisfy all notice and posting requirements contained herein as well as in the Open Meetings Act. This shall include mailing meeting notifications to news media that have officially requested them and to others as approved by the Board. Unless otherwise specified, all meetings are held in the District’s main office. Board policy 2:220, School Board Meeting Procedure, governs meeting quorum requirements.
The Superintendent is designated on behalf of the Board and each Board committee to receive the training on compliance with the Open Meetings Act that is required by Section 1.05(a) of that Act. The Superintendent may identify other employees to receive the training. In addition, each Board member must complete a course of training on the Open Meetings Act as required by Section 1.05(b) or (c) of that Act.
The Board announces the time and place for its regular meetings at the beginning of each fiscal year. The Superintendent shall prepare and make available the calendar of regular Board meetings.
The regular meeting calendar may be changed with 10 days’ notice in accordance with State law.
A meeting agenda shall be posted at the District’s main office and the Board’s meeting room, or other location where the meeting is to be held, at least 48 hours before the meeting. Items not specifically on the agenda may still be considered during the meeting.
The Board and Board committees may meet in a closed meeting to consider the following subjects:
1. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with the Open Meetings Act. 5 ILCS 120/2(c)(1).
2. Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 5 ILCS 120/2(c)(2).
3. The selection of a person to fill a public office, as defined in the Open Meetings Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance. 5 ILCS 120/2(c)(3).
4. Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in the Open Meetings Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning. 5 ILCS 120/2(c)(4).
5. The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. 5 ILCS 120/2(c)(5).
6. The setting of a price for sale or lease of property owned by the public body. 5 ILCS 120/2(c)(6).
7. The sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7).
8. Security procedures, school building safety and security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. 5 ILCS 120/2(c)(8), amended by P.A. 99-235, eff. 1-1-16.
9. Student disciplinary cases. 5 ILCS 120/2(c)(9).
10. The placement of individual students in special education programs and other matters relating to individual students. 5 ILCS 120/2(c)(10).
11. Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 5 ILCS 120/2(c)(11).
12. The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self-insurance pool of which the public body is a member. 5 ILCS 120/2(c)(12).
13. Self-evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member. 5 ILCS 120/2(c)(16).
14. Discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. 5 ILCS 120/2(c)(21).
15. Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America. 5 ILCS 120/2(c)(29).
The Board may hold a closed meeting, or close a portion of a meeting, by a majority vote of a quorum, taken at an open meeting. The vote of each Board member present, and the reason for the closed meeting, will be publicly disclosed at the time of the meeting and clearly stated in the motion and the meeting minutes.
A single motion calling for a series of closed meetings may be adopted when such meetings will involve the same particular matters and are scheduled to be held within three months of the vote.
No final Board action will be taken at a closed meeting.
Reconvened or Rescheduled Meetings
A meeting may be rescheduled or reconvened. Public notice of a rescheduled or reconvened meeting shall be given in the same manner as that for a special meeting, except that no public notice is required when the original meeting is open to the public and: (1) is to be reconvened within 24 hours, or (2) an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agenda.
Special meetings may be called by the President or by any three members of the Board by giving notice thereof, in writing, stating the time, place, and purpose of the meeting to remaining Board members by mail at least 48 hours before the meeting, or by personal service at least 24 hours before the meeting.
Public notice of a special meeting is given by posting a notice at the District’s main office at least 48 hours before the meeting and by notifying the news media that have filed a written request for notice. A meeting agenda shall accompany the notice.
All matters discussed by the Board at any special meeting must be related to a subject on the meeting agenda.
Public notice of emergency meetings shall be given as soon as practical, but in any event, before the meeting to news media that have filed a written request for notice.
Posting on the District Website
In addition to the other notices specified in this policy, the Superintendent or designee shall post the following on the District website: (1) the annual schedule of regular meetings, which shall remain posted until the Board approves a new schedule of regular meetings; (2) a public notice of all Board meetings; and (3) the agenda for each meeting which shall remain posted until the meeting is concluded.
LEGAL REF.: 5 ILCS 120/1 et seq.
105 ILCS 5/10-6 and 5/10-16
CROSS REF.: 2:210, 2:220, 2:230, 6:235
ADOPTED: October 4, 1999
REVISED: August 19, 2002; December 16, 2002; May 24, 2004; December 22, 2005; December 21, 2006; October 30, 2014; October 29, 2015 (legal reference only); February 23, 2017
2:210 Organization School Board MeetingsDuring a March meeting in odd-numbered years, the School Board establishes a date for its organizational meeting to be held sometime after the election authority canvasses the vote, but within 28 days after the consolidated election. The consolidated election is held on the first Tuesday in April of odd-numbered years.At the organizational meeting the following shall occur:
- Each successful candidate, before taking his or her seat on the Board, shall take the oath of office as provided in Board Policy 2:80, Board Member Oath and Conduct.
- The new School Board members shall be seated.
- The School Board shall elect its officers who assume office immediately upon their election.
- The School Board shall fix a time and date for its regular meetings.
LEGAL REF.: 10 ILCS 5/2A-1 et seq .
105 ILCS 5/9-18, 5/10-5, 5/10-16, and 5/10-16.5.
CROSS REF.: 2:30, 2:110, 2:200, 2:220, 2:230
ADOPTED: October 4, 1999
REVISED: December 18, 2000; August 19, 2002; December 16, 2002; April 28, 2005; May 22, 2006; October 2007
2:220 School Board Meeting Procedures
School Board Meeting Procedure
The Board President is responsible for focusing the Board meeting agendas on appropriate content. The Superintendent shall prepare agendas in consultation with the Board President. The President shall designate a portion of the agenda as a consent agenda for those items that usually do not require discussion or explanation before School Board action. Upon the request of any Board member, an item will be withdrawn from the consent agenda for independent consideration.
Each Board meeting agenda shall contain the contain the general subject matter of any items that will be the subject of final action at the meeting. Items submitted by School Board members to the Superintendent or the President shall be placed on the agenda for an upcoming meeting. District residents may suggest inclusions for the agenda. The Board will take final action only on items contained in the posted agenda; items not on the agenda may still be discussed.
The Superintendent shall provide a copy of the agenda, with adequate data and background information, to each School Board member at least 48 hours before each meeting, except a meeting held in the event of an emergency. The meeting agenda shall be posted in accordance with Policy 2:200, Types of School Board Meetings.
The Board President shall determine the order of business at regular School Board meetings. Upon consent of a majority of members present, the order of business at any meeting may be changed.
Unless otherwise provided by law, when a vote is taken upon any measure before the School Board, with a quorum being present, a majority of the votes cast shall determine its outcome. A vote of "abstain" or "present" or a vote other than “yea” or “nay,” or a failure to vote, is counted for the purposes of determining whether a quorum is present. A vote of "abstain" or "present," or a vote other than “yea” or “nay,” or a failure to vote, however, is not counted in determining whether a measure has been passed by the Board, unless otherwise stated in law. The sequence for casting votes is rotated.
On all questions involving the expenditure of money and on all questions involving the closing of a meeting to the public, a roll call vote shall be taken and entered in the Board's minutes. An individual Board member may request that a roll call vote be taken on any other matter; the President or other presiding officer may approve or deny the request but a denial is subject to being overturned by a majority vote of the members present.
The Board Secretary shall keep written minutes of all School Board meetings (whether open or closed), which shall be signed by the President and the Secretary. The minutes include:
1. The meeting's date, time, and place;
2. School Board members recorded as either present or absent;
3. A summary of discussion on all matters proposed, deliberated, or decided, and a record of any votes taken;
4. On all matters requiring a roll call vote, a record of who voted the "yea" and the "nay";
5. If the meeting is adjourned to another date, the time and place of the adjourned meeting;
6. The vote of each member present when a vote is taken to hold a closed meeting or portion of a meeting and the reason for the closed meeting with a citation to the specific exception contained in the Open Meetings Act authorizing the closed meeting;
7. A record of all motions, including individuals making and seconding motions;
8. Upon request by a Board member, a record of how he or she voted on a particular motion; and
9. The type of meeting, including any notices and, if a reconvened meeting, the original meeting’s date.
The minutes shall be submitted to the School Board for approval or modification at its next regularly scheduled open meeting. At least semi-annually in an open meeting, the Board: (1) reviews minutes from all closed session meetings that are currently unavailable for public release, and (2) decides which, if any, no longer require confidential treatment and are available for public inspection. The School Board may meet in a prior closed session to review the minutes from closed meetings that are currently unavailable for public release.
The School Board's meeting minutes must be submitted to the Board Treasurer on the first Monday of April and October, and at other times as the Treasurer may require.
The official minutes are in the custody of the Board Secretary. Open meeting minutes are available for inspection during regular office hours within 7 days after the Board's approval, they may be inspected in the District’s main office in the presence of the Secretary, the Superintendent or designee, or any member of the School Board.
Minutes from closed meetings are likewise available but only if the School Board has released them for public inspection, except that Board members may access closed session minutes not yet released for public inspection (1) in the District’s administrative offices or their official storage location, and (2) in the presence of the Recording Secretary, the Superintendent or designated administrator, or any elected Board member. The minutes, whether reviewed by members of the public or the Board, shall not be removed from the District’s administrative offices or their official storage location except by vote of the Board or by court order
The Board’s open meeting minutes shall be posted on the District website within 7 days after the Board approves them; the minutes will remain posted for at least 60 days.
Verbatim Record of Closed Meetings
The Superintendent, or the Board Secretary when the Superintendent is absent, shall audio record all closed meetings. If neither is present, the Board President or presiding officer shall assume this responsibility. After the closed meeting, the person making the audio recording shall label the recording with the date and store it in a secure location. The Superintendent shall ensure that: (1) an audio recording device and all necessary accompanying items are available to the Board for every closed meeting, and (2) a secure location for storing closed meeting audio recordings is maintained close to the Board’s regular meeting location.
After 18 months have passed since being made, the audio recording of a closed meeting is destroyed provided the Board approved: (1) its destruction, and (2) minutes of the particular closed meeting.
Individual Board members may access verbatim recordings in the presence of the Recording Secretary, the Superintendent or designated administrator, or any elected Board member. Access to the verbatim recordings is available at the District’s administrative offices or the verbatim recording’s official storage location. Requests shall be made to the Superintendent or Board President. While a Board member is listening to a verbatim recording, it shall not be re-recorded or removed from the District’s main office or official storage location, except by vote of the Board or by court order.
Before making such requests, Board members should consider whether such requests are germane to their responsibilities, service to District, and/or Oath of Office in policy 2:80, Board Member Oath and Conduct. In the interest of encouraging free and open expression by Board members during closed meetings, the recordings of closed meetings should not be used by Board members to confirm or dispute the accuracy of recollections
Quorum and Participation by Audio or Video Means
A quorum of the Board must be physically present at all Board meetings. A majority of the full membership of the School Board constitutes a quorum.
Provided a quorum is physically present, a Board member may attend a meeting by video or audio conference, if he or she is prevented from physically attending because of: (1) personal illness or disability, (2) employment or District business, or (3) a family or other emergency. If a member wishes to attend a meeting by video or audio means, he or she must notify the recording secretary or Superintendent at least 24 hours before the meeting unless advance notice is impractical. The recording secretary or Superintendent will inform the Board President and make appropriate arrangements. A Board member who attends a meeting by audio or video means, as provided in this policy, may participate in all aspects of the Board meeting including voting on any item.
Rules of Order
Unless State law or Board-adopted rules apply, the Board President, as the presiding officer, will use Robert's Rules of Order Newly Revised (10th Edition), as a guide when a question arises concerning procedure.
Broadcasting and Recording Board Meetings
Any person may record or broadcast an open School Board meeting. Special requests to facilitate recording or broadcasting an open Board meeting, such as seating, writing surfaces, lighting, and access to electrical power, should be directed to the Superintendent as least 24 hours before the meeting.
Recording meetings shall not distract or disturb Board members, other meeting participants, or members of the public. The Board President may designate a location for recording equipment, may restrict the movements of individuals who are using recording equipment, or may take such other steps as are deemed necessary to preserve decorum and facilitate the meeting.
LEGAL REF.: 5 ILCS 120/2a, 120/2.02, 120/2.05, and 120/2.06.
105 ILCS 5/10-6, 5/10-7, 5/10-12, 5/10-16.
Prosser v. Village of Fox Lake, 438 N.E.2d 134 (1982).
CROSS REF.: 2:80, 2:200, 2:210, 2:230
ADOPTED: October 4, 1999
REVISED: December 18, 2000; January 29, 2004; February 24, 2005; December 22, 2005
December 21, 2006; December 18, 2008; October 30, 2014; February 23, 2017
2:230 Public Participation at School Board Meetings and Petitions to the Board
2.230 - Public Participation at School Board Meetings and Petitions to the Board
At each regular and special open meeting, the members of the public and District employees may comment on or ask questions of the Board, subject to reasonable constraints.
The individuals appearing before the Board are expected to follow these guidelines:
- Address the Board only at the appropriate time as indicated on the agenda and when recognized by the Board President.
- Identify him or herself and be brief. Ordinarily, such comments shall be limited to 5 minutes. In unusual circumstances, and when the person has given advance notice of the need to speak for a longer period of time, such person may be allowed to speak for more than 5 minutes.
- The Board President may shorten or lengthen a person’s opportunity to speak. The President may also deny the opportunity to speak to a person who has previously addressed the Board on the same subject within the past 2 months.
- The Board President shall have the authority to determine procedural matters regarding public participation not otherwise defined in School Board policy.
- Conduct oneself with respect and civility toward others and otherwise abide by Board policy.
Petitions or written correspondence to the Board shall be presented to the School Board at the next regularly scheduled Board meeting.
LEGAL REF.: 5 ILCS 120/2.06.105 ILCS 5/10-16.
CROSS REF.: 2:220; 8:10; 8:30
ADOPTED: October 4, 1999
REVISED: October 30, 2014
2:235 Student Participation on the School Board
The School Board may choose each year to accept a Student Representative to the School Board from Andrew, Sandburg, and Stagg High Schools. One position per school may be offered to students during the spring semester each year for participation the following year. Interested candidates must be currently enrolled as a junior, in good academic standing, and able to meet the state and school guidelines for co-curricular participation.
ADOPTED: January 27, 2003
2:240 Board PolicyThe School Board governs using written policies. Written policies ensure legal compliance, establish Board processes, articulate District ends, delegate authority, and define operating limits. Board policies also provide the basis for monitoring progress toward District ends.Policy DevelopmentAnyone may propose new policies, changes to existing policies, or deletion of existing policies. Staff suggestions should be processed through the Superintendent. Suggestions from others should be made to the Board President or the Superintendent.The Superintendent or a designee is responsible for: (1) providing relevant policy information and data to the Board, (2) notifying those who will implement or be affected by a proposed policy and obtaining their advice and suggestions, and drafting policy or required to implement a proposed policy and obtaining their advice and suggestions, and (3) having policy recommendations drafted into written form for Board deliberation. The Superintendent shall seek the counsel of the Board attorney when appropriate.Policy Adoption and DisseminationPolicies or policy revisions will not be adopted at the Board meeting at which they are introduced, except when: (1) appropriate for a consent agenda because no Board discussion is required, or (2) necessary or prudent in order to meet emergency or special conditions or to be legally compliant. Further Board consideration will be given at a subsequent meeting(s) and after opportunity for community input. The adoption of a policy will serve to supersede all previously adopted policies on the same topic.
The School Board policies are available for public inspection in the District’s main office during regular office hours. Copy requests should be made pursuant to Board Policy 2:250, Access to District's Public Records.Board Policy Review and MonitoringThe School Board will periodically review its policies for relevancy, monitor its policies for effectiveness, and consider whether any modifications are required. The Board may use an annual policy review and monitoring calendar.Superintendent ImplementationThe Board will support any reasonable interpretation of School Board policy made by the Superintendent. If reasonable minds differ, the Board will review the applicable policy and consider the need for further clarification.In the absence of School Board policy, the Superintendent is authorized to take appropriate administrative action.Suspension of PoliciesThe School Board, by a majority vote of members present at any meeting, may temporarily suspend a Board policy except those provisions that are controlled by law or contract. The failure to suspend with a specific motion does not invalidate the Board action.
LEGAL REF.: 105 ILCS 5/10-20.5CROSS REF.: 2:150; 2:250; 3:40ADOPTED: October 4, 1999REVISED: February 22, 2007; September 24, 2009
5-YEAR REVIEW: August 2014 (no changes)
2:250 Access to District's Public Records
Full access to the District’s public records is available to any person as provided in the Illinois Freedom of Information Act (FOIA), this policy, and implementing procedures.
Freedom of Information Officer
The Superintendent shall serve as the District’s Freedom of Information Officer and assumes all the duties and powers of that office as provided in FOIA and this policy. The Superintendent may delegate these duties and powers to one or more designees, but the delegation shall not relieve the Superintendent of the responsibility for the action that was delegated. The Superintendent or designee(s) shall report any FOIA requests and the status of the District’s response to the Board at each regular Board meeting.
The District’s public records are defined as records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of, or under the control of the School District.
A request for inspection and/or copies of public records must be made in writing and may be submitted by personal delivery, mail, telefax, or email directed to the District’s Freedom of Information Officer. Individuals making a request are not required to state a reason for the request other than to identify when the request is for a commercial purpose or when requesting a fee waiver. All requests for inspection and copying shall immediately be forwarded to the District’s Freedom of Information Officer or designee.
Responding to Requests
The Freedom of Information Officer shall approve all requests for public records unless:
1. The requested material does not exist;
2. The requested material is exempt from inspection and copying by the Freedom of Information Act; or
3. Complying with the request would be unduly burdensome.
Within 5 business days after receipt of a request for access to a public record, the Freedom of Information Officer shall comply with or deny the request, unless the time for response is extended as specified in Section 3 of FOIA. The Freedom of Information Officer may extend the time for a response for up to 5 business days from the original due date. If an extension is needed, the Freedom of Information Officer shall: (1) notify the person making the request of the reason for the extension, and (2) either inform the person of the date on which a response will be made, or agree with the person in writing on a compliance period. Notwithstanding the above, the Freedom of Information Officer shall respond to requests for commercial purposes and to recurrent requesters (as those terms are defined in Section 2 of FOIA) according to Sections 3.1 and 3.2 of FOIA.
When responding to a request for a record containing both exempt and non-exempt material, the Freedom of Information Officer shall redact exempt material from the record before complying with the request.
Persons making a request for copies of public records must pay any applicable copying fee. The Freedom of Information Officer shall, as needed, recommend a copying fee schedule for the Board’s approval. Copying fees, except when fixed by statute, are reasonably calculated to reimburse the District’s actual cost for reproducing and certifying public records and for the use, by any person, of its equipment to copy records. No copying fee shall be charged for the first 50 pages of black and white, letter or legal sized copies. No copying fee shall be charged for electronic copies other than the actual cost of the recording medium.
Fees for Responding to a Request for a Commercial Purpose
In addition to copying fees, persons making a request for a commercial purpose, as defined in FOIA, must pay a fee of $10 for each hour spent by personnel in searching for and retrieving the record. However, no fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record. The District also charges the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage facility under contract with the District. Whenever the District charges any fees to a requester making a commercial request, the Freedom of Information Officer shall provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records.
The inspection and copying of a public record that is the subject of an approved access request is permitted at the District’s administrative office during regular business hours, unless other arrangements are made by the Freedom of Information Officer.
Many public records are immediately available from the District’s website including, but not limited to, a description of the District and the methods for requesting a public record.
Preserving Public Records
Public records, including email messages, shall be preserved and cataloged if: (1) they are evidence of the District’s organization, function, policies, procedures, or activities, (2) they contain informational data appropriate for preservation, (3) their retention is required by State or federal law, or (4) they are subject to a retention request by the Board Attorney (e.g. a litigation hold), District auditor, or other individual authorized by the School Board or State or federal law to make such a request. Unless its retention is required as described in items numbered 3 or 4 above, a public record, as defined by the Illinois Local Records Act, may be destroyed when authorized by the Local Records Commission.
LEGAL REF.: 5 ILCS 140/, Illinois Freedom of Information Act.
105 ILCS 5/10-16.
820 ILCS 130/5.
CROSS REF.: 2:140, 5:150, 7:340
ADOPTED: October 4, 1999
REVISED: April 28, 2003, December 18, 2004; December 21, 2006; February 25, 2010; September 25, 2014
REVIEWED: October 2016
Uniform Grievance Procedure
2:260 Uniform Grievance ProcedureUniform Grievance ProcedureThe Board desires that complaints brought by students, parents/guardians, employees, or community members be resolved through a fair and equitable process. To promote the effective processing of grievances, therefore, the procedure outlined below should be followed when authorized by Board Policy or when a complaint involves any of the following:
Appointing Nondiscrimination Coordinator and Complaint ManagersThe Superintendent shall appoint a Nondiscrimination Coordinator to manage the District’s efforts to provide equal opportunity employment and educational opportunities and prohibit the harassment of employees, students, and others. The Nondiscrimination Coordinator also serves as the District’s Title IX Coordinator.The Superintendent shall appoint at least one Complaint Manager to administer the complaint process in this policy. If possible, the Superintendent will appoint two Complaint Managers, one of each gender. The District’s Nondiscrimination Coordinator may be appointed as one of the Complaint Managers.The Superintendent shall insert into this policy and keep current the names, addresses, and telephone numbers of the Nondiscrimination Coordinator and the Complaint Managers.Nondiscrimination Coordinator:Dr. Julia WheatonAssistant Superintendent for Human ResourcesConsolidated High School District 23015100 S. 94th AvenueOrland Park, Illinois firstname.lastname@example.orgComplaint Managers:Dr. Kim DryierAssistant Superintendent for Instructional ServicesConsolidated High School District 23015100 S. 94th AvenueOrland Park, Illinois email@example.comMr. John LavelleAssistant Superintendent forBusiness ServicesConsolidated High School District 23015100 S. 94th AvenueOrland Park, Illinois firstname.lastname@example.orgProcedures
- Disability discrimination under Title II of the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973;
- Sexual harassment or sex discrimination under the Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, or Title IX of the Education Amendments of 1972
- *Race discrimination or discrimination on the basis of other protected status under Title VI or Title VII of the Civil Rights Act;
- The misuse of funds received for services to improve educational opportunities for educationally disadvantaged or deprived children.
1. Informal Resolution.
The Complaint Manager will first attempt to resolve complaints without resorting to this grievance procedure. If a formal complaint is filed under this policy, the Complaint Manager will address the complaint promptly and equitably. A student and/or parent/guardian filing a complaint under this policy may forego any informal suggestions and/or attempts to resolve it and may proceed directly to the grievance procedure. The Complaint Manager will not require a student or parent/guardian complaining of any form of harassment to attempt to resolve allegations directly with the accused (or the accused’s parents/guardians); this includes mediation.
2. Right to Pursue Other Remedies Not Impaired
The right of a person to prompt and equitable resolution of a complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies, e.g., criminal complaints, civil actions, etc. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies. If a person is pursuing another remedy subject to a complaint under this policy, the District will continue with a simultaneous investigation under this policy.
3. Filing a Formal Complaint
A person (hereinafter Complainant) who wishes to avail him or herself of this grievance procedure may do so by filing a formal complaint with any District Complaint Manager after attempts at an informal resolution have not been successful. The Complainant shall not be required to file a complaint with a particular Complaint Manager and may request a Complaint Manager of the same gender. The Complaint Manager may request the Complainant to provide a written statement regarding the nature of the complaint or require a meeting with a student’s parent(s)/guardians(s). The Complaint Manger shall assist the Complainant as needed.
All deadlines under this policy may be extended by the Complaint Manager as he or she deems appropriate. As used in this policy, school business days means days on which the District’s main office is open.
The Complaint Manager will investigate the complaint or appoint a qualified person to undertake the investigation on his/her behalf. The Complaint Manager shall ensure both parties have an equal opportunity to present evidence during an investigation. If the Complainant is a student, the Complaint Manager will notify his/her parent(s)/guardian(s) that they may attend any investigatory meetings in which their child is involved. The complaint and identity of the Complainant will not be disclosed except: (1) as required by law, or any collective bargaining agreement, (2) as necessary to fully investigate the complaint, or (3) as authorized by the Complainant, or by the Complainant’s parent(s)/guardian(s) if the Complainant is under the age of eighteen (18) years.
The identity of any witness may remain confidential at the discretion of the Complaint Manager unless required to be disclosed by law or any collective bargaining agreement. The identity of any student witnesses will not be disclosed except: (1) as required by law or any collective bargaining agreement, (2) as necessary to fully investigate the complaint, or (3) as authorized by the parent/guardian of the student witness, or by the student if the student is eighteen (18) years of age or older.
Within 30 school business days of the date the complaint was filed, the Complaint Manager shall file a written report of his/her findings with the Superintendent. The Complaint Manager may request an extension of time. If a complaint of sexual harassment contains allegations involving the Superintendent, the written report shall be filed with the Board, which will make a decision in accordance with Section 4 of this policy. The Superintendent will keep the Board informed of all complaints.
6. Decision and Appeal
Within five school business days after receiving the Complaint Manager’s report, the Superintendent shall mail his or her written decision to the Complainant and the accused by First Class U.S. mail, as well as the Complaint Manager. All decisions shall be based upon the preponderance of evidence standard.
Within 10 school business days after receiving the Superintendent’s decision, the Complainant or the accused may appeal the decision to the Board by making a written request to the Complaint Manager. The Complaint Manager shall promptly forward all materials relative to the complaint and appeal to the Board. Within 30 school business days, the Board shall affirm, reverse, or amend the Superintendent’s decision or direct the Superintendent to gather additional information. Within five school business days of the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action.
Individuals alleging that they have been discriminated against on the basis of their sex in the provision of or access to programs, activities, services, or benefits have the right to appeal the Board’s decision to the Regional Superintendent and, thereafter, to the State Superintendent of Education. The Regional Superintendent retains discretion whether to hear such an appeal.This policy shall not be construed to create an independent right to a Board hearing. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.LEGAL REF: Age Discrimination in Employment Act, 29 U.S.C. §621 et. seq.Americans With Disabilities Act, 42 U.S.C. §12101 et. seq.Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. §2000e et. seq.Equal Pay Act, 29 U.S.C. §206(d).Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et. seq.Immigration Reform and Control Act, 8 U.S.C. §1324a et. seq.Rehabilitation Act of 1973, 29 U.S.C. §791 et. seq.Title VI of the Civil Rights Act, 42 U.S.C. §2000d et.seq. Title IX of the Education Amendments, 20 U.S.C. §1681 et. seq.105 ILCS 5/2-3.8, 5/3-10, 5/10-20.7a, 5/10-22.5, 5/22-19, 5/24-5/27.1, and 45/1-15.Illinois Genetic Information Privacy Act, 410 ILCS 513/1 et. seq.Illinois Whistleblower Act, 740 ILCS 174/1 et. seq.Illinois Human Rights Act, 775 ILCS 5/1-101 et. seq.Victims’ Economic Security and Safety Act, 820 ILCS 180, 56 Ill.Admin.Code Part 280.Equal Pay Act of 2003, 820 ILCS 112.23 Ill.Admin.Code §§1.240 and 200-40.CROSS REF: 5:10 (Equal Employment Opportunity and Minority Recruitment),5:20 (Sexual Harassment),6:170 (Title I Programs),7:10 (Equal Educational Opportunities),7:20 (Harassment of Students Prohibited),7:180 (Preventing Bullying, Intimidation, and Harassment),8:70 (Accommodating Individuals with Disabilities),8:110 (Public Suggestions and Complaints)ADOPTED: October 1, 1999REVISED: December 18, 2000; August 19, 2002; January 29, 2004; August 26,2008; December 17, 2009; July 1, 2011; October 29, 2015;September 2017