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- Generally. This Rule lays out the processes through which Board Rules and Policies are initiated, developed, amended, rescinded, adopted or suspended.
- Purpose. Rules and Policies provide direction for how the Board and District should carry out its business. It is necessary, therefore, that policies are regularly reviewed and updated to ensure alignment with the District's goals and priorities, as well as with any related regulations or ordinances. This Rule provides the framework for carrying out this work.
- Adoption, Amendment, Rescission or Suspension of Rules and Policies. The Board of Education (“Board”) enacts Rules and Policies[1] pursuant to 105 ILCS 5/34-19 and such actions have the force of ordinances. Rules and Policies of the Board of Education may only be amended, rescinded[2] or suspended at a Regular Meeting by a vote of two-thirds of the full membership of the Board.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, and the adoption of Policies two-thirds majority, of the full membership of the Board. Except as provided by subsections (d) and (f) below, adoption, amendment, rescission or suspension must be preceded by the following actions:
- The proposed adoption or amendment of a Rule or Policy or motion for rescission of a Board Rule or Policy 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.
- 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.
- 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.
- All public comment received during the Public Comment Period has been provided to Board members at least ten (10) calendar days prior to final adoption of the proposed new or amended rule or motion to rescind or suspend.
- Interim Rules or Policies and Interim Amendments to Rules and 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 paragraphs (c) (i) to (iv) 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 or Policy.
- Form of Rule or Policy Addition, Amendment, or Rescission. Any and all additions, amendments or rescissions of these Rules and Policies shall specify the chapter and/or section thereof sought to be added, amended or rescinded.
- Suspension of Rules and Policies. 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.
- 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 (h) of this Rule.
- Non-Material Changes, which shall be in accordance with (i) of this Rule.
- No Changes, which shall be in accordance with (j) of this Rule. If the Board does not readopt a Rule or Policy on the timeline set forth in this Rule 2-6, 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 Rule and all other relevant Rules and Policies 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
- Comprehensive legal review
- A Whole Child review, an effort to support students to be healthy, safe, engaged, and academically challenged
- Non-Material Changes. The General Counsel shall establish guidelines for a waiver of the Public Comment Period for Non-Material Amendments to previously Board-approved Rules or Policies. 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. 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
- 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 Section (g) 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 (c) (i) to (iv) and requirements set forth in paragraph (h) of this Rule 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 section (g) shall be initiated through at least one Initiation Process as defined below:
- 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, or
- 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
- 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 and Policies. The General Counsel shall establish guidelines for the Initiation Process for New Rules and Policies consistent with the following:
- A process by which to engage with stakeholders most impacted by the rule or policy
- An equity assessment
- Comprehensive legal review
- A Whole Child review, an effort to support students to be healthy, safe, engaged, and academically challenged
- All new Rules and Policies are subject to (c) (i) to (iv)
- If adopted by the Board, all provisions within this Rule shall apply thereafter.
- Timeline for Implementation.
- Within three (3) years from the effective date of this Rule, all Board Rules and Policies must have undergone a review process as outlined in section (h), unless the policy was adopted or amended between September 26, 2019 and April 26, 2023.
- After this three (3) year period, when all Board Rules and Policies have been reviewed, the Biennial Readoption referenced in section (g) will take effect, as will section (i) and section (j).
Rule References
| Cross References | Board Rule 2-6 was adopted as a new Section at the April 26, 2023 Board Meeting [Board Report 23-0426-RU1]. |
| Public Comment | Pursuant to Board Rule 2-6 this Rule [2-6] was subject to Public Comment from 3/17/23-4/17/23 and adopted at the April 26, 2023 Board Meeting [Board Report 23-0426-RU1]. |