Board Bylaws 1-1: The Board

I. Introduction

This Board Rule clarifies the relationship between the Board of Education and Chicago Public Schools. It also contains the mission of the Board, outlines some of the key powers and duties of the Board, and lays out the authority delegated by the Board to key parties within the District.

II. About the Board

• Name

  The official legal name "Board of Education of the City of Chicago" shall be used to refer to the governing body of the school district and in all legal documents and contexts. The name "Chicago Public Schools" shall be used to designate the public school system, its staff, and administration.

  In these Rules, the terms “Board of Education of the City of Chicago, ” “Chicago Board of Education,” and “the Board” may be used interchangeably. Similarly, the terms “Chicago Public Schools” and “the District” may also be used interchangeably.

• Mission

  To set goals and standards and make policies that make a high quality public education system available to the children of Chicago. To oversee the operations of the Chicago Public Schools, guarantee their accountability to the goals and objectives set by the Board and ensure that its accomplishments meet the expectations of the residents of Chicago.

III. Board Powers and Duties

• Powers and Duties of the Board

  The Board’s powers and duties come largely from the Illinois School Code (105 ILCS 5/34), and official action by the Board may only occur at a duly called and legally conducted meeting.

  Some of the key powers and duties of the Board include:

  • To contract for all types of services, including instructional services and school operations (105 ILCS 5/34-18(30));
  • To establish by-laws, rules and regulations, which shall have the force of ordinance (105 ILCS 5/34-19);
  • To apportion students (105 ILCS 5/34-18(7));
  • To establish criteria to monitor school performance, and remediate non-performing schools through various means, including school improvement plans, removal and replacement of the principal, replacement of faculty members, election of a new Local School Council, reconstitution, closing of a school, etc. (105 ILCS 5/34-8.3);
  • To establish such general departments as it may deem necessary or appropriate and approve the heads of such departments (105 ILCS 5/34-7);
  • To approve and issue the contract to a principal at schools with an Appointed LSC or Board of Governors after candidates have been recommended by the CEO (105 ILCS 5/34-2.4(b), 105 ILCS 34-8.3);
  • To appoint a CEO to serve pursuant to a performance-based contract (105 ILCS 5/34-6);
  • To evaluate the CEO (Board Rule 1-9.II.C);
  • To terminate the employment of certain types of employees (105 ILCS 5/34-85);
  • To incur debt (105 ILCS 5/34-31 et. seq.);
  • To levy taxes upon all taxable property for educational purposes and capital improvements (105 ILCS 5/34-53.5.);
  • To establish a budget and appropriate funds (105 ILCS 5/34-43); and
  • To indemnify a Board employee from any damages (either judgment or settlement) arising out of a lawsuit if the employee is acting within the scope of their employment, and to provide the employee with a defense to that lawsuit, including reasonable legal fees and costs. (745 ILCS 10/2-302 and 105 ILCS 5/34-18.1).

• Emergency Authority in the event of a Declared State of Emergency

  1. The Board President must adopt emergency guidelines for the conduct of Board business and meetings, including the manner of public participation at Board meetings, to permit the Board to conduct business when a national, state or local emergency is declared and the Board cannot convene a meeting in the usual manner and comply with federal, state or local emergency orders and guidelines, and/or ensure the safety of the public and staff. During any meeting convened under the emergency guidelines adopted under this subsection (a), the Board may modify, replace, or revoke any emergency guideline adopted by the Board President under Board Rule I-I.III.B if the proposed Board action satisfies the following:
     • the Board action permits the Board to conduct business in a manner that ensures public and staff safety; and
     • the Board action complies with all federal, state, and local requirements and guidance under the state of emergency.
  2. If a national, state, or local emergency is declared requiring immediate action by the District, the Board President may suspend any Board Rule, Policy, and Guidelines and adopt emergency guidelines to take measures consistent with local, state, and federal orders, guidelines, laws, and ordinances adopted or enacted to address and mitigate the emergency. The Board President may not use the emergency power under this subsection (b) to suspend Board Rules, Policies, or Guidelines regarding the conduct of Board business. The Board President may not use the emergency power under this subsection (b) if the Board convenes a Special Meeting under Board Rule 1-6.II.B. During any Meeting convened after the adoption of the emergency guidelines under this subsection (b), the Board may modify, replace, or revoke any emergency guideline adopted by the Board President under this subsection (b) if the proposed Board action satisfies the following:
     • the Board action ensures the safety of students, the public, and District staff; and
     • the Board action complies with all federal, state, and local requirements and guidance under the state of emergency.
  3. Any Board Rules, Policies, and Guidelines not specifically suspended under subsection (b) but that conflict with an emergency guideline adopted under these subsections (a) or (b) are suspended while the emergency guideline is in effect.
  4. The powers under Board Rule I-I.III.B expire at the earliest of the following:
     • the national, state, or local emergency declaration has expired or terminated by law;
     • when the Board is able to conduct business in the usual manner and comply with local, state, and federal orders, guidelines, laws, and ordinances adopted or enacted to address and mitigate the existing emergency.
  5. Board Rule I-I.III.B shall have retroactive application to March 17, 2020. All actions taken by the Board President pursuant to Board Rule I-I.III.B on or after March 17, 2020 to March 25, 2020, are expressly ratified and approved.

IV. Delegation of Board Authority

• Manner and Effect of Delegation of Authority

  With the exception of those powers and authority exclusively reserved to the Board by the Illinois School Code, as it exists now, or as it may be hereafter amended, the Board may delegate its authority by Board Rule, Board Policy, Board Resolution, Board Report or other Board action. Where the Board has delegated authority to an Officer or their designee, that Officer or their designee may take all actions consistent with the delegation without further Board action or authority and the action shall be binding upon the Board at the time the Officer acts.

• Authority Not Specifically Delegated

  The Board reserves to itself all authority and power it has not specifically delegated to another by Board Rule, Board Policy, Board Resolution, Board Report or other Board action.

• Authority over Departments and Delegated Authority

  Chiefs, Officers and heads of departments have the authority to supervise their respective departments or units, including all employees within their departments or units, and to take all actions delegated to them by Board Rule, Policy, Resolution, Board Report or other Board action. Said Chiefs, Officers and heads of departments or units may delegate their authority to employees within their departments or units, including any authority delegated to them by the Board.

V. Delegation of Authority and Reporting to the Board

• Delegation to Chief Executive Officer or Their Designee

  Subject to the limitations set forth in the Illinois School Code, these Rules and the Board’s Policies, and except as provided in Board Rule 1-1.V.C.1 below, the Chief Executive Officer and their designee(s) are hereby delegated the following authority with respect to District employees, which may be exercised without Board action:

  1. Except as provided in Board Rule 1-1.V.C.1 to hire, appoint, or promote based on merit employees upon their own recommendation or the recommendation of the Chief Talent Officer, General Counsel, the Chief Financial Officer, executive officers, officers or principals, and to establish eligibility criteria for hire, appointment or promotion;
  2. To classify and reclassify employees;
  3. To establish a schedule of basic salaries and wage rates, and to set compensation, wages and/or salary based on employee classifications or job titles or other criteria;
  4. To establish policies with respect to overtime pay;
  5. To grant annual increases to wages and salary based on cost of living for employees not subject to a performance management program or merit pay plan and to grant or withhold annual increases to wages and salary based upon merit to employees subject to a performance management program or merit pay plan adopted by the Chief Executive Officer or designee;
  6. To establish employee benefit plans, including employee medical, dental and life insurance plans, disability plans, and tax-deferred savings plans, and the eligibility criteria for participation in those plans;
  7. To establish work schedules for all employees, including hours of work and days of work;
  8. To establish performance management procedures and evaluation procedures for all employees, including, but not limited to, teachers and principals;
  9. To grant paid time off for excused days, holidays, sick leave, parental leave, personal leaves or vacation;
  10. To grant voluntary leaves of absence to employees and to order involuntary leaves of absence for employees;
  11. To grant paid and unpaid leaves of absence to eligible employees in accordance with collective bargaining agreements, Board Rules and Policies;
  12. To establish employee discipline protocols and commence disciplinary or dismissal proceedings against employees;
  13. To demote, transfer, discipline or dismiss employees;
  14. To lay off employees, reduce the Board’s workforce, or alter compensation for employees;
  15. To accept resignations and retirements from employees and to grant related revocations; and,
  16. To exercise all other authority over employees that is not specifically reserved for Board action.

• Chief Executive Officer’s Quarterly Workforce Planning Report

  The Chief Executive Officer or their designee(s) shall submit a quarterly workforce planning report (which shall be made public) to the Board that summarizes the previous quarter’s workforce actions made by the Chief Executive Officer or their designee in accordance with Board Rule 1-1.V.A, provided however, that the reason or cause for any employee dismissal shall not be made public.

• Authority Reserved for Board Action

  The Board shall exercise all authority over the following employee matters, which authority is non-delegable under the Illinois School Code or which the Board has reserved to itself:

  1. To appoint the Board Secretary, the Chief Executive Officer, the General Counsel, deputies, assistant deputies, senior general counsels, and assistants general counsel, executive officers, officers, and contract principals at schools with Appointed Local School Councils and contract principals at schools with Local School Councils that fail to directly select a principal in accordance with section 34-2.3(2) of the Illinois School Code;
  2. To establish salaries upon hire for the Board Secretary, the Chief Executive Officer, the General Counsel, deputies, assistant deputies, senior general counsels, and assistants general counsel, executive officers and officers;
  3. To dismiss the Board Secretary, the Chief Executive Officer, the General Counsel, deputies, assistant deputies, senior general counsels, and assistants general counsel, executive officers and officers upon majority vote of the full membership of the Board;
  4. To dismiss probationary appointed teachers in accordance with the Illinois School Code;
  5. To dismiss contract principals and tenured teachers for cause after adoption, modification or rejection of an Illinois State Board of Education hearing officer’s recommendation;
  6. To terminate the contract of and to dismiss a contract principal upon recommendation of the Chief Executive Officer, after notice and a hearing, in accordance with the Section 5/34-8.3(d) of the Illinois School Code or, upon consent of the contract principal and the applicable Local School Council; and,
  7. To, upon recommendation of the Chief Executive Officer or their designee, dismiss for cause non-probationary educational support personnel