Board Bylaws 1-2: Board Administrative Rules

I. Introduction

This Board Rule serves to provide guidance for how the Board carries out select streams of work, such as the Board Self-Evaluations and the adoption, amendment, rescission and suspension of Board Rules and Policies. The Rule also indicates how the Board and the District work together for other key initiatives, such as the District Strategic Plan and Legislative Agenda.

II. Board Continuous Improvement

• Self-Evaluations

  The Board President shall establish a formal Board Self-Evaluation annually in February, or at such time as deemed appropriate by the Board President provided an annual Board Self-Evaluation occurs. Based on the data collected via the Self-Evaluation, the Board shall establish Board Governance Goals focused on strengthening their governance and improving their performance as a Board.

  The Board President may establish additional Board Self-Evaluations as appropriate. Board Self-Evaluations shall provide for the self-evaluation of practices, procedures, or professional ethics, and be in accordance with Open Meetings Act.

• Ongoing Development

  The results of the Board Self-Evaluation shall inform the areas for improvement in the ongoing professional development referenced in Board Rule 1-2.II.A for Board Members and the Board as a collective governing body.

• Board Operating Procedures Manual

  The Board Operating Procedures Manual will also be reviewed and updated by the Board on an annual basis and within thirty (30) calendar days of the annual Board Self-Evaluation, or within such time as deemed appropriate by the Board President provided the Board Operating Procedures Manual is updated annually.

III. District Strategic Plan

• Generally

  Strategic planning is the systematic process of specifying the goals derived from the mission, vision, and core values of the school system, determining the present attainment of those goals, and then selecting strategies to reduce the discrepancies. The major emphasis of the District's planning system shall be the achievement by all students of State and local goals. The District Strategic Plan provides the strategic framework for all aspects of the District school system toward the accomplishment of these identified goals.

• Development of the District Strategic Plan

  The CEO or their designee shall coordinate the comprehensive planning process and monitor progress on the accomplishment of District Strategic Planning goals, priorities, and objectives specified in the District Strategic Plan. The District Strategic Plan shall be comprehensive, and shall include but not be limited to, priorities and objectives to support the identified goal(s). The District Strategic Plan must, at a minimum, include appropriate metrics and/or key performance indicators (KPIs), appropriate data sources, and a tentative reporting timeline. The District Strategic Plan shall be thoroughly reassessed and reevaluated in its entirety no more than every five (5) years, or for some other period as approved by the Board.

• Progress Monitoring

  By the start of the school year, the CEO shall present to the Board President for approval a plan for monitoring the progress of the District Strategic Plan for the year. For transparency, the progress monitoring plan must include reporting that will take place at public Board Meetings.

• Transparency

  The District Strategic Plan and subsequent reports shall be kept on file and made available to the public via the Board website and the District’s website.

IV. Legislative Agenda

The Board will represent the District’s interests in legislative action to promote the welfare of public education in Chicago Public Schools or will direct those interests to be represented through the CEO or a designee. As a public entity, the Board must operate within the bounds of state and federal laws affecting public education. To effectively meet these responsibilities to the public and students of the District, the Board and CEO will work vigorously for the passage of new laws designed to advance the values and goals of our District and community, and for the repeal or modification of existing laws that impede these values and goals. To achieve these goals, the CEO will periodically study, discuss, and weigh the merits of pending legislation for the purpose of establishing the District’s official position. When established, these official positions will be the position of the District in the legislative process.

• CEO Responsibilities

  1. Develop and present to the Board annually, no later than the January Regular Meeting, a legislative agenda for upcoming legislative sessions that is consistent with the furtherance of the District’s Strategic Plan, goals, and priorities. The legislative agenda may include broad goals and priorities for upcoming legislative sessions and/or specific legislative items. Upon approval of a majority of the Board at a Regular Meeting, these positions will become the official position of the District in the legislative process.
  2. In the cases when the District must respond to unanticipated legislation, which includes legislation that affects the Board’s ability to advance the legislative agenda in Board Rule 1-2.IV.A.1 or the general welfare of the District, the Board delegates the responsibility to the Board President and CEO to make a determination as to the District’s position provided the position is not in conflict with the legislative agenda in Board Rule 1-2.IV.A.1.
  3. Allocate time with the Board throughout the year to discuss the legislative matters whenever the need arises as determined by the Board President and/or CEO.
  4. Support and work for legislation that promotes quality education within Chicago Public Schools.
  5. Stay informed of pending legislation.
  6. Actively communicate concerns and make the Board’s position known to elected representatives at the local, state, and national levels by regular contact with the local, state, and federal elected officials and entities whose decisions affect the welfare of public education in our District.
  7. Seek adequate funding for schools and full funding for state and federally mandated programs.
  8. Respond appropriately to requests for legislative proposals, comments on legislative proposals, and development of priority positions.

• Board Member Responsibilities

  1. Inform the public of its legislative priorities and outcomes of its legislative efforts annually at a time and means as determined by the Board President.
  2. The Board President shall designate Board Members to serve as the Board’s legislative representatives with associations and organizations that promote the legislative agendas of public education as needed.
  3. Accept the consensus of the Board with respect to the annual legislative agenda pursuant to Board Rule 1-2.IV and legislative positions taken by the CEO in pursuit of that agenda.

• Representing Positions Conflicting with the District's

  Board Members and the CEO, individually or as members of professional organizations, will not represent positions conflicting with the District’s on legislative matters on behalf of the Board or the District, unless it is made clear that such representation is the individual’s viewpoint and not the official position of the District.

V. Administrative Organizational Units

105 ILCS 5/34-7 stipulates that the Board has the authority to establish such administrative organization units as it may deem necessary or appropriate to ensure the effective and efficient operation of the system and determine the duties and functions of each. The Board delegates this authority to the CEO who shall establish administrative organization units, with the approval of the Board. Chiefs, officers, and the heads of departments shall be appointed by the Board in accordance with Chapter 4 of the Board Rules.

VI. Adoption, Amendment, Rescission or Suspension of Rules and Policies

• Generally

  The Board enacts Rules pursuant to 105 ILCS 5/34-19 and such actions have the force of ordinances. Rules and Policies of the Board may only be amended, rescinded or suspended at a Regular Meeting by a vote of two-thirds of the full membership of the Board. The adoption of Rules requires a majority of the full membership of the Board, and the adoption of Policies two-thirds majority, of the full membership of the Board.

• Public Comment

  Except as provided by Board Rule 1-2.VI.E and F below, adoption, amendment, rescission or suspension must be preceded by the following actions:

  1. The proposed adoption or amendment of a Rule or Policy or motion for rescission of a Board Rule has been posted on the District’s website for a period of thirty (30) calendar days (“Public Comment Period”) with an invitation to the general public to provide public comment.
  2. The Board shall authorize the commencement of the Public Comment Period. The authorization shall occur at a Regular Meeting and be authorized by a simple majority of the Board.
  3. All public comment received during the Public Comment Period has been published to the general public on the District’s website, provided however the comments that reveal confidential or private information or use expletives or defamatory, vulgar or threatening language may be redacted, or omitted, if there is no way to redact and preserve the substance of the comment.
  4. All public comment received during the Public Comment Period shall be provided to Board Members as part of their meeting preparation materials.

• Interim Rules or Policies and Interim Amendments to Rules or Policies

  The Board may adopt an interim Rule or Policy or amend a Rule or Policy on an interim basis prior to a Public Comment Period and/or before meeting any or all of the prerequisites outlined in Board Rule 1-2.VI.B.1 to 4 as an interim Rule or Policy to meet legal requirements or other exigent circumstances provided that the interim Rule or Policy shall expire ninety (90) calendar days after adoption unless replaced by a final Rule.

• Form of Rule or Policy Addition, Amendment, or Rescission

  Any and all additions, amendments or rescissions of these Rules or Policies shall specify the chapter and/or section thereof sought to be added, amended or rescinded.

• Suspension of Rule

  Rules and Policies may be suspended at any Regular Meeting by a majority of the full membership then serving. Any suspension of a Rule or Policy shall be for a specified time period of no more than 12 months. If the Rule or Policy is still suspended after 12 months, the Rule or Policy must be revisited and a decision made to suspend for another 12 months or rescind the Rule or Policy permanently.

• Biennial Readoption

  All Board Rules and Policies must be readopted biennially every other year. Readoption requires two-thirds majority of the full membership of the Board. The General Counsel shall establish guidelines to ensure all Board Rules and Policies are readopted biennially. Such guidelines shall also establish that Rules and Policies be adopted biennially through one of the following three scenarios:

  • Required Changes, which shall be in accordance with Board Rule 1-2.VI.G.
  • Non-Material Changes, which shall be in accordance with Board Rule 1-2.VI.H.
  • No Changes, which shall be in accordance with Board Rule 1-2.VI.I.

  If the Board does not readopt a Rule or Policy on the timeline set forth in Board Rule 1-2.VI, that Rule or Policy shall remain in effect for an additional three (3) months, allowing the Board to consider its review and readoption at their next Regular Meeting.

• Required Changes

  The General Counsel shall establish guidelines for the Rule and Policy amendment, development, and adoption process that are in accordance with this Board Rule 1-2.VI and all other relevant Rules and other applicable regulations. Such guidelines must include:

  • A process by which to engage with stakeholders most impacted by the Rule or Policy
  • An equity assessment
  • A comprehensive legal review
  • A Whole Child review, an effort to support students to be healthy, safe, engaged, and academically challenged

• Exceptions

  The General Counsel shall establish guidelines for a waiver of the Public Comment Period for the following two exception types: Non-Material Amendments and Legally Required Amendments to previously Board-approved Rules. Waivers can only be authorized for amendments to Rules and Policies and are subject to final adoption by at least two-thirds of the full membership of the Board at a Regular Meeting.

  1. Non-Material Changes
     Non-Material Amendments shall be limited to the following:

     • Updates to headers and footers
     • Changes to titles of staff and positions, departments, schools
     • Changes or updates to the names of guidelines or websites referenced within the Rule or Policy
     • Legal or cross references that have been changed since the Rule or Policy adoption
     • Changes to format
     • Correcting grammatical, capitalization, punctuation errors, and typos
     • Any other Scrivener’s errors

  2. Legally Required Amendments
     If a Rule or Policy needs to be adopted, amended, rescinded, or suspended to be in compliance with federal and state law or regulations or City of Chicago Ordinance.

• No Changes

  The General Counsel shall establish guidelines consistent with the following:

  When a Rule or Policy is reviewed biennially pursuant to guidelines referenced in Board Rule 1-2.VI.F and a determination is made that no changes are needed, the Rule or Policy shall be added to the agenda at a Regular Meeting to be considered for readoption by the full Board. The Public Comment Period referenced in Board Rule 1-2.VI.B.1 to 4 and requirements set forth in Board Rule 1-2.VI.G may be waived for Rules or Policies for which no changes are recommended.

• Initiation Process for Rule or Policy Changes

  Readoption, amendment, rescission or suspension of Rules and Policies outside the Biennial Readoption as defined in Board Rule 1-2.VI.F shall be initiated through at least one Initiation Process as defined below:

  1. If the Board and/or District’s goals and priorities change such that an adoption, amendment, rescission, or suspension of a Rule or Policy is necessary to achieve the goal or priority of the Board and/or District, or
  2. If a Rule or Policy needs to be adopted, amended, rescinded, or suspended to address an Internal Audit finding or Office of Inspector General recommendation.

• Initiation Process for Adoption of New Rules

  The General Counsel shall establish guidelines for the Initiation Process for New Rules or Policies consistent with the following:

  • A process by which to engage with stakeholders most impacted by the Rule or Policy
  • An equity assessment
  • A comprehensive legal review
  • A Whole Child review, an effort to support students to be healthy, safe, engaged, and academically challenged
  • All new Rules are subject to Board Rule 1-2.VI.B.1 to 4
  • If adopted by the Board, all provisions within Board Rule 1-2.VI shall apply thereafter.

• Timeline for Implementation

  1. Within three (3) years from April 26, 2023, all Board Rules and Policies must have undergone a review process as outlined in Board Rule 1-2.VI.G, unless the Rule or Policy was adopted or amended between September 26, 2019 and April 26, 2023.
  2. After this three (3) year period, when all Board Rules and Policies have been reviewed, the Biennial Readoption referenced in Board Rule 1-2.VI.F will take effect, as will Board Rule 1-2.VI.H and I.