Chapter 2: The Community and the Schools
The District is governed by a Board of Education consisting of seven 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 Board may only occur at a duly called and legally conducted meeting at which a quorum is physically present.
As stated in the Board member oath of office prescribed by the School Code, a Board member has no legal authority as an individual.
LEGAL REF.: 5 ILCS 120/1.02.
105 ILCS 5/10-1, 5/10-10, 5/10-12, 5/10-16.5, 5/10-16.7, and 5/10-20.5.
CROSS REF.: 1:10 (School District Legal Status), 2:20 (Powers and Duties of the Board of Education; Indemnification), 2:80 (Board Member Oath and Conduct), 2:120 (Board Member Development), 2:200 (Types of Board of Education Meetings), 2:220 (Board of Education Meeting Procedure)
ADOPTED: October 18, 2016
The major powers and duties of the Board of Education include, but are not limited to:
- Annually organizing the Board 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 Board policy and 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 (School District Legal Status), 1:20 (District Organization, Operations, and Cooperative Agreements), 2:10 (School District Governance), 2:80 (Board Member Oath and Conduct), 2:140 (Communications To and From the Board), 2:210 (Organizational School Board Meeting), 2:240 (Board Policy Development), 4:60 (Purchases and Contracts), 4:70 (Resource Conservation), 4:100 (Insurance Management), 4:110 (Transportation), 4:150 (Facility Management and Building Programs), 5:10 (Equal Employment Opportunity and Minority Recruitment), 5:90 (Abused and Neglected Child Reporting), 6:10 (Educational Philosophy and Objectives), 6:15 (School Accountability), 6:20 (School Year Calendar and Day), 7:10 (Equal Educational Opportunities), 7:30 (Student Assignment and Intra-District Transfer), 7:190 (Student Behavior), 7:200 (Suspension Procedures), 7:210 (Expulsion Procedures), 8:10 (Connection with the Community), 8:30 (Visitors to and Conduct on School Property)
ADOPTED: January 20, 2015
School District elections are non-partisan, governed by the general election laws of the State, and include the election of Board of Education 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. 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.
LEGAL REF.: 10 ILCS 5/1-3, 5/2A, 5/10-9, 5/22-17, 5/22-18, and 5/28 .
105 ILCS 5/9 and 5/9-1.5.
CROSS REF.: 2:40 (Board Member Qualifications), 2:50 (Board Member Term of Office), 2:210 (Organizational Board of Education Meeting)
ADOPTED: January 20, 2015
A Board of Education member must be, on the date of election or appointment, 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 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 (Board of Education Elections), 2:70 (Vacancies on the Board of Education- Filling Vacancies)
ADOPTED: January 19, 2010
The term of office for a Board of Education member begins immediately after both of the following occur:
- 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. The term ends 4 years later when the successor assumes office.
LEGAL REF.: 10 ILCS 5/2A-1.1, 5/22-17, and 5/22-18. 105 ILCS 5/10-10, 5/10-16, and 5/10-16.5.
CROSS REF.: 2:30 (School District Elections), 2:80 (Board Member Oath and Conduct), 2:210 (Organizational Board of Education Meeting)
ADOPTED: January 19, 2010
If a majority of the Board of Education 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.: 2:70 (Vacancies on the Board of Education - Filling Vacancies)
ADOPTED: January 19, 2010
Elective office of a Board of Education 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 Board,
- Legal disability,
- 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 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 Board membership.
Whenever a vacancy occurs, the remaining members shall notify the Regional Superintendent of Schools of that vacancy within five days after its occurrence and shall fill the vacancy until the next regular 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 or less than 88 days before the next regularly scheduled election, 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 Board, the Board will publicize it and accept résumés 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 (Board Member Qualifications), 2:60 (Board Member Removal from Office), 2:120 (Board Member Development)
ADOPTED: October 18, 2016
The Board of Education fills a vacancy by either appointment or election. The Board uses this checklist for guidance when it must fill a vacancy by appointment. Some items contain guidelines along with explanations. For more information, see Answers to FAQs Vacancies on the Board of Education, published by a committee of the Illinois Council of School Attorneys, and available at: www.iasb.com/law/ICSAFAQsonBoardVacancies.pdf
Each Board of Education 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 Urbana School District Number 116, 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 or designee will administer the oath in an open Board meeting.
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 in the regular Board meeting room.
LEGAL REF.: 105 ILCS 5/10-16.5.
CROSS REF.: 1:30 (School District Philosophy), 2:20 (Powers and Duties of the Board of Education; Indemnification), 2:50 (Board Member Term of Office), 2:100 (Board Member Conflict of Interest), 2:105 (Ethics and Gift Ban), 2:210 (Organizational Board of Education Meeting)
ADOPTED: January 19, 2010
As a member of my local Board of Education, I will do my utmost to represent the public interest in education by adhering to the following standards and principles:
- I will represent all School District constituents honestly and equally and refuse to surrender my responsibilities to special interest or partisan political groups.
- I will avoid any conflict of interest or the appearance of impropriety which could result from my position, and will not use my Board membership for personal gain or publicity.
- I will 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 Board meeting.
- I will take no private action that might compromise the Board or administration and will respect the confidentiality of privileged information.
- I will abide by majority decisions of the Board, while retaining the right to seek changes in such decisions through ethical and constructive channels.
- I will encourage and respect the free expression of opinion by my fellow Board members and will participate in Board discussions in an open, honest and respectful manner, honoring differences of opinion or perspective.
- I will prepare for, attend and actively participate in Board meetings.
- I will be sufficiently informed about and prepared to act on the specific issues before the Board, and remain reasonably knowledgeable about local, State, national, and global education issues.
- I will respectfully listen to those who communicate with the Board, seeking to understand their views, while recognizing my responsibility to represent the interests of the entire community.
- I will strive for a positive working relationship with the Superintendent, respecting the Superintendent’s authority to advise the Board, implement Board policy, and administer the District.
- I will model continuous learning and work to ensure good governance by taking advantage of Board member development opportunities, such as those sponsored by my State and national school board associations, and encourage my fellow Board members to do the same.
- I will strive to keep my Board focused on its primary work of clarifying the District purpose, direction and goals, and monitoring District performance.
DATED: January 19, 2010
As a board of education, we understand the value and necessity of working together as a governance team. In order to effectively govern the school district, we have established the following expectations for the board and its members:
Prior to a meeting:
- Members will not establish or publicly state a position on a board issue until hearing recommendations, listening to deliberations and considering all facts and opinions on the topic. Simply put, we are going to keep an open mind.
- Members are expected to read and consider the research provided in the board packet.
- Questions from board members to the administration or other board members are encouraged in advance of the meeting (be aware of Open Meetings Act).
- Board members should be cautious in speaking to constituents regarding their stance on the issue as it has not been presented to the full board.
- Members may state, "I have not taken a position yet as I wish to hear from my fellow board members and gather information on the topic."
- Board member will let the administration do the work of providing information to the public prior to the meeting. This public relations function is administrative work on behalf of the full board of education and is intended to more effectively inform all stakeholders in the community. The board will discuss the initiative at a board meeting for input and feedback.
During the meeting:
- Board members are expected to show mutual respect for each other as equal, elected/appointed officials.
- Dialogue and non-verbal behavior is expected to be thoughtful and diplomatic.
- Listening to one another is as valued as speaking - side bar conversations are discouraged.
- The board will support the president's role as the facilitator of the group.
- Board members will stay on-topic.
- The board expects all members to express their opinions at the board table in order to benefit the entire governing team. In other words, we should all know where members stand on an issue at the meeting.
- The board vote is the only and final means to direct the superintendent or staff to conduct the work of the district.
After the meeting:
- All board members are expected to support the board decision. Once the decision has been made, it is time to move on to the next critical issue. Efforts by board members to revisit previous decisions or secure belated public support will only distract from the future work of the district.
- Member may wish to state, "I didn't vote for the proposal but the decision was made and I support the work of the full board." Members may explain their position without appearing to undermine the decision of the full board.
- Expressing your opinion (in previous bullet) to individuals is acceptable to fellow members. However, sending information electronically to groups is a function performed by the district on behalf of the full board.
- Media related interviews will be handled by the board president or the superintendent at their discretion. Individual members may conduct interviews after a meeting in order to assist the media in performing their work.
- Throughout these interactions, members will adhere to the governance agreements of the board.
General communication and in-between meetings:
- When contacted by community members, board members will listen to the concerns of the individual and explain the work of the full board (or advise them of the chain of command in the school district). Members will consider the opportunity to educate citizens regarding the authority of the full board at a meeting- "As I have no individual authority, you may wish to speak to the full board at a convened meeting so that all our members have an opportunity to hear your concerns."
- Throughout these discussion, members will remember they always represent the district and the board of education (In the eyes of the public, you always wear the board hat). Members will refrain from "selective encouragement" - or simply promote your own opinion as this undermines the important relationship members have with one another.
- Board members are always encouraged to contact the superintendent regarding communications with citizens, parents or staff. This courtesy helps to keep all parties informed.
Resource: From Illinois Association of School Boards meeting with District 116 Board of Education, April 18, 2012.
ADOPTED: June 19, 2012
No Board of Education member shall have a beneficial interest directly or indirectly in any contract, work, or business of the District unless permitted by State law.
Board members must annually file a “Statement of Economic Interests” as required by the Illinois Governmental Ethics Act. Each 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, and 420/4A-107.
50 ILCS 105/3.
105 ILCS 5/10-9. CROSS REF.: 2:105 (Ethics and Gift Ban), 5:120 (Ethics and Conduct)
ADOPTED: December 14, 2010
Prohibited Political Activity
The following precepts govern political activities being conducted by District employees and Board of Education members:
- 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.
A Board member or employee may engage in activities that: (1) are otherwise appropriate as part of A Board member or employee may engage in any activity that: (1) is otherwise appropriate as part of his or her official duties, or (2) is undertaken by the individual on a voluntary basis that is not prohibited by this policy.
Limitations on Receiving Gifts
Except as permitted by this policy, no Board member or employee, and no spouse of or immediate family member living with a 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.
The following are exceptions to the ban on accepting gifts from a prohibited source:
- 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 from 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.
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.
The 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.
Unless otherwise stated, all terms used in this policy have the definitions given in the State Officials and Employees Ethics Act, 5 ILCS 430/1-5.
“Political activity” means:
- 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.
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:
- 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) a Board member, or (b) an employee, or with the Board member or another employee directing that employee;
- Conducts activities regulated by: (a) a Board member, or (b) an employee or by the Board member or another employee directing that employee;
- Has an interest that may be substantially affected by the performance or non-performance of the official duties of the Board member or employee;
- Is registered or required to be registered with the Secretary of State under the Lobbyist Registration Act, except that an entity does not become a prohibited source merely because a registered lobbyist is one of its members or serves on its board of directors; or
- Is an agent of, a spouse of, or an immediate family member living with a prohibited source.
“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/, State Officials and Employees Ethics Act.
10 ILCS 5/9-25.1, Election Interference Prohibition Act.
CROSS REF.: 5:120 (Ethics and Conduct)
ADOPTED: December 17, 2013
The Board of Education 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 1-year term. The duties of the President are:
- 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;
- 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 1-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 meeting 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.
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 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 (Board Member Oath and Conduct), 2:210 (Organizational Board of Education Meeting)
ADOPTED: January 20, 2015
The Board of Education 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:
- 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.
- 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.
- 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.
The Superintendent or designee shall post on the District website the names of all Board members who have completed the professional development leadership training described in number 1, above.
Professional Development; Adverse Consequences of School Exclusion; Student Behavior
The Board President or Superintendent, or their designees, will make reasonable efforts to provide ongoing professional development to Board members about the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, and developmentally appropriate disciplinary methods that promote positive and healthy school climates, i.e., Senate Bill 100 training topics.
The Board will conduct periodic self-evaluations with the goal of continuous improvement.
New Board Member Orientation
The orientation process for newly elected or appointed Board members includes:
- The Board President or Superintendent, or their designees, shall give each new Board member a copy of or online access to the Board Policy Manual, the Board’s regular meeting minutes for the past year, and other helpful information including material describing the District and explaining the Board’s roles and responsibilities.
- The Board President or designee shall schedule one or more special Board meetings, or schedule time during regular meetings, for Board members to become acquainted and to review Board processes and procedures.
- The Board President may request a veteran Board member to mentor a new member.
- 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 (Board Member Oath and Conduct), 2:125 (Board Member Compensation; Expenses), 2:200 (Types of Board of Education Meetings)
ADOPTED: February 21, 2017
- Be a good mentor by sharing your knowledge and experiences with others. Take a personal interest in helping others succeed.
- Try to develop an informal, collegial relationship with the new Board member – explain that you are there to help. Listen respectfully to all concerns and answer questions honestly.
- During your first contact with the new Board member, introduce yourself and explain that you will serve as his or her mentor and are looking forward to sharing information about the Board and District. If possible, meet with the individual to become acquainted. Be available as needed to provide assistance, advice, and support. The Superintendent’s office will have already sent the new Board member a copy of the Board’s policies as well as other helpful material.
- Be prepared to introduce the new Board member at upcoming Board events until he or she becomes a familiar face.
- Be available and maintain a helpful attitude. You will assist the new Board member become an effective member of the Board and ensure skilled and knowledgeable future leadership for the District.
On District letterhead
Dear Board of Education Member:
Congratulations on being asked to serve as a mentor to a new Board member. The goal of the mentoring program is to orient a new Board member to the Board and District and to help him or her be comfortable, develop self-confidence, and become an effective leader. Follow these guidelines to maximize your mentoring effectiveness.
Being a mentor can bring rewards to you, the new Board member, and the District. Thank you for your assistance and commitment.
Board of Education President
DATED: January 19, 2010
Board Member Compensation Prohibited
Board of Education 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.
Roll Call Vote
All Board member expense requests for travel, meals, and/or lodging must be approved by roll call vote at an open meeting of the Board.
Regulation of School District Expenses
The Board regulates the reimbursement of all travel, meal, and lodging expenses in the District by resolution. As necessary, the Superintendent will recommend a maximum allowable reimbursement amount for expenses to be included in the resolution. The recommended amount should be based upon the District’s budget and other financial considerations.
Money shall not be advanced or reimbursed, or purchase orders issued for: (1) the expenses of any person except the Board member, (2) anyone’s personal expenses, or (3) entertainment expenses. Entertainment includes, but is not limited to, shows, amusements, theaters, circuses, sporting events, or any other place of public or private entertainment or amusement, unless the entertainment is ancillary to the purpose of the program or event.
Exceeding the Maximum Allowable Reimbursement Amount(s)
All requests for expense reimbursements and/or purchase orders that exceed the maximum allowable reimbursement amount set by the Board may only be approved by it when:
- The Board’s resolution to regulate expenses allows for such approval;
- An emergency or other extraordinary circumstance exists; and
- The request is approved by a roll call vote at an open Board meeting.
Reimbursements and Purchase Orders
Expense reimbursement is not guaranteed and, Board members must seek reimbursement on the Board’s standardized expense reimbursement form. Expense reimbursements and purchase orders shall be presented to the Board in its regular bill process.
Credit and Procurement Cards
Credit and procurement cards shall not be issued to Board members.
Standardized Expense Form(s) Required
All requests for expense advancement, reimbursement, and/or purchase orders in the District must be submitted on the appropriate itemized, signed standardized form(s). The form(s) must show the following information:
- The amount of the estimated or actual expense, with attached receipts for actual incurred expenses.
- The name and office of the Board member who is requesting the expense reimbursement. Receipts from group functions must include the names, offices, and job titles of all participants.
- The date(s) of the official business on which the expense advancement or reimbursement will be or was expended.
- The nature of the official business conducted when the expense reimbursement will be or was expended.
Types of Official Business for Expense Advancements, Reimbursements, and Purchase Orders
- Registration. When possible, registration fees will be paid by the District in advance.
- Travel. The least expensive method of travel will be used, providing that no hardship will be caused to the Board member. Board members will be reimbursed for:
- Air travel at the coach or economy class commercial airline rate. First class or business class air travel will be reimbursed only if emergency circumstances warrant. The emergency circumstances must be explained on the expense form and Board approval of the additional expense is required. Copies of airline tickets must be attached to the expense form.
- Rail or bus travel at actual cost. Rail or bus travel costs may not exceed the cost of coach airfare. Copies of tickets must be attached to the expense form to substantiate amounts.
- 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.
- Automobile rental costs when the vehicle’s use is warranted. The circumstances for such use must be explained on the expense form.
- Taxis, airport limousines, or other local transportation costs.
- Meals. Board members will be reimbursed for meal costs and tips up to $450 per day, consistent with the maximum allowable reimbursement amount set by the Board. Tips are included with meal charges. Expense forms must explain the meal charges incurred. Alcoholic beverages will not be reimbursed.
- Lodging. 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 form.
- Miscellaneous Expenses. 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 form, attaching receipts.
LEGAL REF.: 105 ILCS 5/10-20 and 5/10-22.32.
Local Government Travel Expense Control Act, 50 ILCS 150/.
CROSS REF.: 2:100 (Board Member Conflict of Interest), 2:120 (Board Member Development), 2:240 (Board Policy Development), 4:50 (Payment Procedures), 4:55 (Use of Credit and Procurement Cards), 5:60 (Expenses)
ADOPTED: February 21, 2017
The Board of Education 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.: 3:40 (Superintendent)
ADOPTED: October 18, 2016
The Board of Education welcomes communications from staff members, parents, students, and community members. Individuals may submit questions or communications for the 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:
- 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
- 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 examples 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.: 5 ILCS 120/.
50 ILCS 205/20.
CROSS REF.: 2:220 (School Board Meeting Procedure), 3:30 (Chain of Command), 8:110 (Public Suggestions and Concerns)
ADOPTED: May 5, 2015
The Board of Education is authorized to discuss District business only at a properly noticed Board meeting (Open Meetings Act, 5 ILCS 120/1 et seq.). Other than during a Board meeting, a majority or more of a Board quorum may not engage in contemporaneous interactive communication, whether in person or electronically, to discuss District business. This Guidance assumes a Board has seven members and covers issues arising from Board policy 2:140, Communications To and From the Board.
Communications Outside of a Properly Noticed Board Meeting
- The Superintendent or designee is permitted to email information to Board members. For example, the Superintendent may email Board meeting agendas and supporting information to Board members. When responding to a single Board member’s request, the Superintendent should copy all other Board members and include a “do not reply/forward” alert to the group, such as: “BOARD MEMBER ALERT: This email is in response to a request. Do not reply or forward to the group but only to the sender.”
- Board members are permitted to discuss any matter except District business with each other, whether in person or by telephone or email, regardless of the number of members participating in the discussion. For example, they may discuss league sports, work, or current events.
- Board members are permitted to provide information to each other, whether in person or by telephone or email, that is non-deliberative and non-substantive. Examples of this type of communication include scheduling meetings and confirming receipt of information.
- A Board member is not permitted to discuss District business with more than one other Board member at a time, whether in person or by telephone or email. Stated another way, a Board member may discuss District business in person or by telephone or email with only one other Board member at a time. However, a Board member should not facilitate interactive communication by discussing District business in a series of visits with, or telephone calls or emails to, Board members individually.
- A Board member should include a “do not reply/forward” alert when emailing a message concerning District business to more than one other Board member. The following is an example of such an alert: “BOARD MEMBER ALERT: This email is not for interactive discussion purposes. The recipient should not reply to it or forward it to any other individual.”
- Board members should not reply to or forward email received from another Board member.
When Must Email Be Retained?
Email, including attachments, that were “prepared, or having been or being used, received, possessed, or under the control of any public body,” may be, depending on the content, subject to disclosure as a public record (Freedom of Information Act, 5 ILCS 140/2). Most email sent or received by individual Board members do not satisfy this definition of “public record” even when the content concerns District business. This is because individual Board members generally have no authority other than during a properly called Board meeting. However, there may be exceptions. Accordingly, Board members must be able to distinguish between official record and non-record messages.
Email messages are “non-record messages” when individual Board members are acting in their individual capacities. This may occur, for example, when an individual Board member’s email describes his or her personal opinions concerning the District or is a response to a community member. Warning: these “personal opinions” or “responses” may constitute an illegal Board meeting under the Open Meetings Act if a majority or more of a quorum of the Board discusses District business using email. See the first section of this Guidance.
Other examples of non-record messages include:
- Information from the Superintendent concerning meeting dates, agenda topics, or materials to prepare for or be discussed during a meeting
- Personal correspondence, such as, “Do you want to ride with me to the IASB workshop?”
- Publications or promotional material from vendors, the IASB, or publicly available materials.
- Correspondence from parents, staff, or community members.
Non-record messages are not “public records” under the Freedom of Information Act and do not need to be stored.
Official Record Messages
Email messages are “public records” under the Freedom of Information Act (FOIA) when they are “prepared, used, received, or possessed by, or under the control of” the District. Email that qualifies under FOIA as a “public record” will need to be stored only if it is evidence of the District’s organization, function, policies, procedures, or activities or contains informational data appropriate for preservation (Local Records Act, 50 ILCS 205/1 et seq.). An example is any email from a Board officer concerning a decision made in his or her capacity as an officer. A Board member must copy this type of email, herein called “official record messages,” to the appropriate District office where it will be stored on the Board member’s behalf. The District will delete these official record messages as provided in an applicable, approved retention schedule.
Important:Do not destroy any email concerning a topic that is being litigated without obtaining the Board attorney’s direction. In federal lawsuits there is an automatic discovery of virtually all types of electronically created or stored data that might be relevant. Attorneys will generally notify their clients at the beginning of a legal proceeding not to destroy any electronic records that might be relevant. For more discussion of a litigation hold, see 2:250-AP2, Protocols for Record Preservation and Development of Retention Schedules.
DATED: January 19, 2010
The Board of Education may establish committees 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.
Special Board Committees
A special committee may be created for specific purposes 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.
Standing Board Committees
A standing committee is created for an indefinite term although its members will fluctuate. Standing committees are:
- Parent-Teacher Advisory Committee. This committee assists in the development of student behavior policy and procedure, and provides information and recommendations to the Board. Its members are parents/guardians and teachers, and may include persons whose expertise or experience is needed. The committee reviews such issues as administering medication in the schools, reciprocal reporting between the School District and local law enforcement agencies regarding criminal offenses committed by students, student discipline, disruptive classroom behavior, school bus safety procedures, and the dissemination of student conduct information.
- Behavioral Interventions Committee. This committee develops and monitors procedures for using behavioral interventions in accordance with Board policy 7:230, Misconduct by Students with Disabilities, and provides information and recommendations to the Board. At the Board President’s discretion, the Parent-Teacher Advisory Committee shall perform the duties assigned to the Behavioral Interventions Committee.
Nothing in this policy limits the authority of the Superintendent or designee to create and use committees that report to him or her or to other staff members.
LEGAL REF.: 5 ILCS 120.
105 ILCS 5/10-20.14 and 5/14-8.05.
CROSS REF.: 2:110 (Qualifications, Term, and Duties of Board Officers), 2:200 (Types of Board of Education Meetings), 2:240 (Board Policy Development), 7:190 (Student Behavior), 7:230 (Misconduct by Students with Disabilities)
ADOPTED: January 19, 2016
The Board of Education 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.
The Board retains the right to consult with or employ other attorneys and to terminate the service of any attorney.
LEGAL REF.: Rule 1.7 (Conflict of Interest: Current Clients) and Rule 1.13 (Organization as Client) of the Ill. Rules of Professional Conduct adopted by the Ill. Supreme Court.
CROSS REF.: 4:60 (Purchases and Contracts)
ADOPTED: November 17, 2015
The Board of Education 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 (Ill.App.5, 2002), appeal denied.
40 U.S.C. §541.
50 ILCS 510/1 et seq., Local Government Professional Services Selection Act.
105 ILCS 5/10-20.21.
ADOPTED: January 19, 2010
For all meetings of the Board of Education 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, Board of Education 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.
The Board and Board committees may meet in a closed meeting to consider the following subjects:
- 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), amended by P.A. 99-646.
- 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).
- 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).
- 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).
- 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).
- The setting of a price for sale or lease of property owned by the public body. 5 ILCS 120/2(c)(6).
- The sale or purchase of securities, investments, or investment contracts. 5 ILCS 120/2(c)(7).
- 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.
- Student disciplinary cases. 5 ILCS 120/2(c)(9).
- The placement of individual students in special education programs and other matters relating to individual students. 5 ILCS 120/2(c)(10).
- 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).
- 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).
- 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).
- 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).
- 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 3 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 3 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. No matters will be discussed, considered, or brought before the Board at any special meeting other than such matters as were included in the stated purpose of the meeting.
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/, Open Meeting Act.
5 ILCS 140/, Freedom of Information Act.
105 ILCS 5/10-6 and 5/10-16.
CROSS REF.: 2:110 (Qualifications Term, and Duties of Board Officers), 2:120 (Board Member Development), 2:210 (Organizational Board of Education Meetings), 2:220 (Board of Education Meeting Procedure), 2:230 (Public Participation at Board of Education Meetings and Petitions to the Board), 6:235 (Access to Electronic Networks)
ADOPTED: February 21, 2017
During a March meeting in odd-numbered years, the Board of Education 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. 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. 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 Board members shall be seated.
- The Board shall elect its officers who assume office immediately upon their election.
- The Board shall fix a time and date for its regular meetings.
During an April Board meeting in even-numbered years, the Board considers organizational matters, such as, selecting individual members to fill offices with terms that expire this or the next month and fixing a time and date for its regular meetings, and re-electing officers.
LEGAL REF.: 10 ILCS 5/2A-1 et seq.
105 ILCS 5/10-5, 5/10-16, and 105 ILCS 5/10-16.5.
CROSS REF.: 2:30 (School District Elections), 2:110 (Qualifications, Term, and Duties of Board Officers), 2:200 (Types of Board of Education Meetings), 2:220 (Board of Education Meeting Procedure), (2:230 Public Participation at Board of Education Meetings and Petitions to the Board)
ADOPTED: January 19, 2010
The Board of Education 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 Board action. Upon the request of any Board member, an item will be withdrawn from the consent agenda and placed on the regular agenda for independent consideration.
Each Board meeting agenda shall contain the general subject matter of any item that will be the subject of final action at the meeting. Any Board member may submit suggested agenda items to the Board President for his or her consideration. 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 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 Board policy 2:200, Types of Board of Education Meetings.
The Board President shall determine the order of business at regular 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 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 shall be 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.
Any Board member may request that his or her vote be changed before the President announces the result.
Any Board member may include a written explanation of his/her vote in the District file containing individual Board member statements; the explanation will not be part of the minutes.
The Board Secretary shall keep written minutes of all Board meetings (whether open or closed), which shall be signed by the President and the Secretary. The minutes include:
- The meeting’s date, time, and place;
- Board members recorded as either present or absent;
- A summary of the discussion on all matters proposed, deliberated, or decided, and a record of any votes taken;
- On all matters requiring a roll call vote, a record of who voted “yea” and “nay”;
- If the meeting is adjourned to another date, the time and place of the adjourned meeting;
- 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;
- A record of all motions, the members making the motion and the second; and
- Upon request by a Board member, a record of how he or she voted on a particular motion; and
- The type of meeting, including any notices and, if a reconvened meeting, the original meeting’s date.
The minutes shall be submitted to the Board for approval or modification at its next regularly scheduled open meeting. Minutes for open meetings must be approved within 30 days after the meeting or at the second subsequent regular meeting, whichever is later.
At least semi-annually in an open meeting, the Board: (1) reviews minutes from closed 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 Board may meet in a prior closed session to review the minutes from closed meetings that are currently unavailable for public release.
The Board’s meeting minutes must be submitted to the Board Treasurer at such 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 10 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 Board member.
Minutes from closed meetings are likewise available, but only if the 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 a records secretary, an administrative official of the public body, or any elected official of the public body. 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 10 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 within the District's main office.
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 a records secretary, an administrative official of the public body, or any elected official of the public body. 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 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 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 at 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, and 5/10-16.
CROSS REF.: 2:80 (Board Member Oath and Conduct), 2:150 (Committees), 2:200 (Types of Board of Education Meetings), 2:210 (Organizational Board of Education Meeting), 2:230 (Public Participation at Board of Education Meetings and Petitions to the Board)
ADOPTED: February 21, 2017
- 2:220-E1 Exhibit - Board Treatment of Closed Meeting Verbatim Records and Minutes
- 2:220-E2 Exhibit - Motion to Adjourn to Closed Meeting (pdf)
- 2:220-E3 Exhibit - Closed Meeting Minutes (pdf)
- 2:220-E4 Exhibit - Open Meeting Minutes (pdf)
- 2:220-E5 Exhibit - Semi-Annual Review of Closed Meeting Minutes (pdf)
- 2:220-E6 Exhibit - Log of Closed Meeting Minutes (pdf)
At each regular and special open meeting, members of the public and District employees may comment to or ask questions of the Board of Education, subject to reasonable constraints.
The individuals appearing before the Board are expected to follow these guidelines:
- Fill out a Citizen Statement Form.
- Address the Board only at the appropriate time as indicated on the agenda and when recognized by the Board President.
- Identify oneself and be brief. Ordinarily, comments shall be limited to 5 minutes. In unusual circumstances, and when an individual has made a request in advance to speak for a longer period of time, the individual may be allowed to speak for more than 5 minutes.
- Observe the Board President’s decision to shorten public comment to conserve time and give the maximum number of individuals an opportunity to speak.
- Observe the Board President’s decision to determine procedural matters regarding public participation not otherwise covered in Board policy.
- Conduct oneself with respect and civility toward others and otherwise abide by Board policy, 8:30, Visitors to and Conduct on School Property.
Petitions or written correspondence to the Board shall be presented to the Board at the next regularly scheduled Board meeting.
LEGAL REF.: 5 ILCS 120/2.06.
105 ILCS 5/10-6 and 5/10-16.
CROSS REF.: 2:220 (Board of Education Meeting Procedure), 8:10 (Connection with the Community), 8:30 (Visitors to and Conduct on School Property)
ADOPTED: December 14, 2010
The Board of Education 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.
Anyone may propose new policies, changes to existing policies, or deletion of existing policies. Staff suggestions should be processed through the Superintendent. Suggestions from all others should be made to the Board President or the Superintendent.
The Superintendent is responsible for: (1) providing relevant policy information and data to the Board, (2) notifying those who will implement or be affected by 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 Dissemination
Policies or policy revisions will not be adopted at the Board meeting at which they are first 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 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 Monitoring
The Board will periodically review its policies for relevancy, monitor its policies for effectiveness, and consider whether any modifications are required.
The Board will support any reasonable interpretation of 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 Board policy, the Superintendent is authorized to take appropriate action.
Suspension of Policies
The 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 5/10-20.5.
CROSS REF.: 2:150 (Committees), 2:250 (Access to District’s Public Records), 3:40 (Superintendent)
ADOPTED: January 19, 2010
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. The Superintendent or designee shall: (1) provide the Board with sufficient information and data to permit the Board to monitor the District’s compliance with FOIA and this policy, and (2) report any FOIA requests during the Board’s regular meetings along with the status of the District’s response.
Freedom of Information Officer
The Board will appoint an employee to serve as the District’s Freedom of Information Officer. That appointee assumes all the duties and powers of that office as provided in FOIA and this policy.
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 material 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. The Superintendent or designee shall instruct District employees to immediately forward any request for inspection and copying of a public record 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:
- The requested material does not exist;
- The requested material is exempt from inspection and copying by the Freedom of Information Act; or
- 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.
The time periods are extended for responding to requests for records made for a commercial purpose, requests by a recurrent requester, or voluminous requests, as those terms are defined in Section 2 of FOIA. The time periods for responding to those requests are governed by Sections 3.1, 3.2, and 3.6 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 and all applicable fees. The Freedom of Information Officer shall establish a fee schedule that complies with FOIA and this policy and is subject to the Board’s review. The fee schedule shall include copying fees and all other fees to the maximum extent they are permitted by FOIA, including without limitation, search and review fees for responding to a request for a commercial purpose and fees, costs, and personnel hours in connection with responding to a voluminous request.
Copying fees, except when fixed by statute, shall be 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. In no case shall the copying fees exceed the maximum fees permitted by FOIA. If the District’s actual copying costs are equal to or greater than the maximum fees permitted by FOIA, the Freedom of Information Officer is authorized to use FOIA’s maximum fees as the District’s fees. No copying fees shall be charged for: (1) the first 50 pages of black and white, letter or legal sized copies, or (2) electronic copies other than the actual cost of the recording medium, except if the response is to a voluminous request, as defined in FOIA.
A fee reduction is available if the person requesting the record states a specific purpose for the request and indicates that a fee reduction is in the public interest by having as its principal purpose the preservation of the general public’s health, safety, welfare, or legal rights and is not for the principal purpose of personal or commercial benefit. The Freedom of Information Officer shall set the amount of the reduction, taking into consideration the amount of material requested and the cost of copying it.
Provision of Copies and Access to Records
A public record that is the subject of an approved access request will be available for inspection or copying 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, the process for requesting a public record. The Freedom of Information Officer shall direct a requester to the District’s website if a requested record is available there. If the requester is unable to reasonably access the record online, he or she may resubmit the request for the record, stating his or her inability to reasonably access the record online, and the District shall make the requested record available for inspection and copying as otherwise provided in this policy.
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 and 5/24A-7.1.
820 ILCS 40/11.
820 ILCS 130/5.
CROSS REF.: 2:140 (Communications To and From the Board), 5:150 (Personnel Records), 7:340 (Student Records)
ADOPTED: October 20, 2015
A student, parent/guardian, employee, or community member should notify any District Complaint Manager if he or she believes that the Board of Education, its employees, or agents have violated his or her rights guaranteed by the State or federal Constitution, State or federal statute, or Board policy, or have a complaint regarding any one of the following:
- Title II of the Americans with Disabilities Act;
- Title IX of the Education Amendments of 1972;
- Section 504 of the Rehabilitation Act of 1973;
- Title VI of the Civil Rights Act, 42 U.S.C. §2000d et seq.;
- Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. §2000e etseq.;
- Sexual harassment (Illinois Human Rights Act, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972);
- Bullying, 105 ILCS 5/27-23.7
- Misuse of funds received for services to improve educational opportunities for educationally disadvantaged or deprived children;
- Curriculum, instructional materials, and/or programs;
- Victims’ Economic Security and Safety Act, 820 ILCS 180;
- Illinois Equal Pay Act of 2003, 820 ILCS 112;
- Provision of services to homeless students;
- Illinois Whistleblower Act, 740 ILCS 174/.
- Misuse of genetic information (Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/ and Titles I and II of the Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. §2000ff et seq.)
The Complaint Manager will first attempt to resolve complaints without resorting to this grievance procedure. If a formal complaint is filed under this procedure, the Complaint Manager will address the complaint promptly and equitably. A student and/or parent/guardian filing a complaint under this procedure 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.
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.
All deadlines under this procedure 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.
Filing a Complaint
A person (hereinafter Complainant) who wishes to avail him or herself of this grievance procedure may do so by filing a complaint with any District Complaint Manager. 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)/guardian(s). The Complaint Manager shall assist the Complainant as needed.
For bullying and cyber-bullying, the Complaint Manager shall process and review the complaint according to Board policy 7:180, Prevention of and Response to Bullying, Intimidation, and Harassment, in addition to any response required by this policy.
The Complaint Manager will investigate the complaint or appoint a qualified person to undertake the investigation on his or 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, under 18 years of age, the Complaint Manager will notify his or 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, this policy, or (2) as necessary to fully investigate the complaint, or (3) as authorized by the Complainant.
The identity of any student witnesses will not be disclosed except: (1) as required by law or any collective bargaining agreement, or (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 18 years of age or older.
The Complaint Manager will inform, at regular intervals, the person(s) filing a complaint under this procedure about the status of the investigation. Within 30 school business days of the date the complaint was filed, the Complaint Manager shall file a written report of his or 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 3 of this policy. The Superintendent will keep the Board informed of all complaints.
Decision and Appeal
Within 5 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 to 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 5 school business days of the Board’s decision, the Superintendent shall inform the Complainant and the accused of the Board’s action.
This grievance procedure shall not be construed to create an independent right to a hearing before the Superintendent or Board. The failure to strictly follow the timelines in this grievance procedure shall not prejudice any party.
Appointing Nondiscrimination Coordinator and Complaint Managers
The 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 2 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.
|Katherine Barbour, Asst. Supt. of Human Resources and Professional Development|
|Name: Urbana School District Number 116|
|Address: 205 N. Race St., Urbana, IL 61803|
|Todd Taylor, Asst. Supt. Of Student Services||Katherine Barbour, Asst. Supt. of Human Resources and Professional Development|
|Name: Urbana School District Number 116||Name: Urbana School District Number 116|
|Address: 205 N. Race St., Urbana, IL 61803||Address: 205 N. Race St, Urbana, IL 61803|
|Email: email@example.com||Email: firstname.lastname@example.org|
|Telephone: 217-384-3645||Telephone: 217-384-3641|
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.
McKinney Homeless Assistance Act, 42 U.S.C. §11431 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, 5/24-4, 5/27-1, 5/27-23.7, and 45/1-15.
Illinois Genetic Information Privacy Act, 410 ILCS 513/.
Illinois Whistleblower Act, 740 ILCS 174/.
Illinois Human Rights Act, 775 ILCS 5/.
Victims’ Economic Security and Safety Act, 820 ILCS 180, 56 Ill.Admin.Code Part 280.
Equal Pay Act of 2003, 820 ILCS 112.
Employee Credit Privacy Act, 820 ILCS 70/.
23 Ill.Admin.Code §§1.240 and 200-40.
CROSS REF.: 5:10 (Equal Employment Opportunity and Minority Recruitment), 5:20 (Workplace Harassment Prohibited), 5:30 (Hiring Process and Criteria), 6:140 (Education of Homeless Children), 6:170 (Title I Programs), 6:260 (Complaints About Curriculum, Instructional Materials, and Programs), 7:10 (Equal Educational Opportunities), 7:20 (Harassment of Students Prohibited), 7:180 (Prevention of and Response to Bullying, Intimidation, and Harassment), 8:70 (Accommodating Individuals with Disabilities), 8:110 (Public Suggestions and Concerns)
ADOPTED: November 17, 2015