103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1446

 

Introduced 2/7/2023, by Sen. Suzy Glowiak Hilton

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25o
105 ILCS 5/2-3.196 new
105 ILCS 5/10-22.25b  from Ch. 122, par. 10-22.25b
105 ILCS 5/34-2.3  from Ch. 122, par. 34-2.3

    Amends the School Code. Provides that by no later than July 1, 2024, the State Board of Education shall make available to schools, on its Internet website, resource materials developed in consultation with stakeholders regarding a student wearing any articles of clothing or items that have cultural or religious significance to the student if those articles of clothing or items are not obscene or derogatory toward others and the right of a student to wear or accessorize graduation attire with certain items. Provides that a school uniform or dress code policy adopted by a school board, local school council, or registered or recognized nonpublic elementary or secondary school may not prohibit a student from wearing any articles of clothing or items that have cultural or religious significance to the student if those articles of clothing or items are not obscene or derogatory toward others and may not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural or ethnic identity or any protected characteristic or category identified in the Illinois Human Rights Act, including, but not limited to, Native American items of cultural significance.


LRB103 26328 RJT 52689 b

 

 

A BILL FOR

 

SB1446LRB103 26328 RJT 52689 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25o, 10-22.25b, and 34-2.3 and by adding Section 2-3.196
6as follows:
 
7    (105 ILCS 5/2-3.25o)
8    Sec. 2-3.25o. Registration and recognition of non-public
9elementary and secondary schools.
10    (a) Findings. The General Assembly finds and declares (i)
11that the Constitution of the State of Illinois provides that a
12"fundamental goal of the People of the State is the
13educational development of all persons to the limits of their
14capacities" and (ii) that the educational development of every
15school student serves the public purposes of the State. In
16order to ensure that all Illinois students and teachers have
17the opportunity to enroll and work in State-approved
18educational institutions and programs, the State Board of
19Education shall provide for the voluntary registration and
20recognition of non-public elementary and secondary schools.
21    (b) Registration. All non-public elementary and secondary
22schools in the State of Illinois may voluntarily register with
23the State Board of Education on an annual basis. Registration

 

 

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1shall be completed in conformance with procedures prescribed
2by the State Board of Education. Information required for
3registration shall include assurances of compliance (i) with
4federal and State laws regarding health examination and
5immunization, attendance, length of term, and
6nondiscrimination, including assurances that the school will
7not prohibit hairstyles historically associated with race,
8ethnicity, or hair texture, including, but not limited to,
9protective hairstyles such as braids, locks, and twists, will
10not prohibit a student from wearing any articles of clothing
11or items that have cultural or religious significance to the
12student if those articles of clothing or items are not obscene
13or derogatory toward others, and will not prohibit the right
14of a student to wear or accessorize the student's graduation
15attire with items associated with the student's cultural or
16ethnic identity or any protected characteristic or category
17identified in subsection (Q) of Section 1-103 of the Illinois
18Human Rights Act, including but not limited to, Native
19American items of cultural significance, and (ii) with
20applicable fire and health safety requirements.
21    (c) Recognition. All non-public elementary and secondary
22schools in the State of Illinois may voluntarily seek the
23status of "Non-public School Recognition" from the State Board
24of Education. This status may be obtained by compliance with
25administrative guidelines and review procedures as prescribed
26by the State Board of Education. The guidelines and procedures

 

 

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1must recognize that some of the aims and the financial bases of
2non-public schools are different from public schools and will
3not be identical to those for public schools, nor will they be
4more burdensome. The guidelines and procedures must also
5recognize the diversity of non-public schools and shall not
6impinge upon the noneducational relationships between those
7schools and their clientele.
8    (c-5) Prohibition against recognition. A non-public
9elementary or secondary school may not obtain "Non-public
10School Recognition" status unless the school requires all
11certified and non-certified applicants for employment with the
12school, after July 1, 2007, to authorize a fingerprint-based
13criminal history records check as a condition of employment to
14determine if such applicants have been convicted of any of the
15enumerated criminal or drug offenses set forth in Section
1621B-80 of this Code or have been convicted, within 7 years of
17the application for employment, of any other felony under the
18laws of this State or of any offense committed or attempted in
19any other state or against the laws of the United States that,
20if committed or attempted in this State, would have been
21punishable as a felony under the laws of this State.
22    Authorization for the check shall be furnished by the
23applicant to the school, except that if the applicant is a
24substitute teacher seeking employment in more than one
25non-public school, a teacher seeking concurrent part-time
26employment positions with more than one non-public school (as

 

 

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1a reading specialist, special education teacher, or
2otherwise), or an educational support personnel employee
3seeking employment positions with more than one non-public
4school, then only one of the non-public schools employing the
5individual shall request the authorization. Upon receipt of
6this authorization, the non-public school shall submit the
7applicant's name, sex, race, date of birth, social security
8number, fingerprint images, and other identifiers, as
9prescribed by the Illinois State Police, to the Illinois State
10Police.
11    The Illinois State Police and Federal Bureau of
12Investigation shall furnish, pursuant to a fingerprint-based
13criminal history records check, records of convictions,
14forever and hereafter, until expunged, to the president or
15principal of the non-public school that requested the check.
16The Illinois State Police shall charge that school a fee for
17conducting such check, which fee must be deposited into the
18State Police Services Fund and must not exceed the cost of the
19inquiry. Subject to appropriations for these purposes, the
20State Superintendent of Education shall reimburse non-public
21schools for fees paid to obtain criminal history records
22checks under this Section.
23    A non-public school may not obtain recognition status
24unless the school also performs a check of the Statewide Sex
25Offender Database, as authorized by the Sex Offender Community
26Notification Law, for each applicant for employment, after

 

 

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1July 1, 2007, to determine whether the applicant has been
2adjudicated a sex offender.
3    Any information concerning the record of convictions
4obtained by a non-public school's president or principal under
5this Section is confidential and may be disseminated only to
6the governing body of the non-public school or any other
7person necessary to the decision of hiring the applicant for
8employment. A copy of the record of convictions obtained from
9the Illinois State Police shall be provided to the applicant
10for employment. Upon a check of the Statewide Sex Offender
11Database, the non-public school shall notify the applicant as
12to whether or not the applicant has been identified in the Sex
13Offender Database as a sex offender. Any information
14concerning the records of conviction obtained by the
15non-public school's president or principal under this Section
16for a substitute teacher seeking employment in more than one
17non-public school, a teacher seeking concurrent part-time
18employment positions with more than one non-public school (as
19a reading specialist, special education teacher, or
20otherwise), or an educational support personnel employee
21seeking employment positions with more than one non-public
22school may be shared with another non-public school's
23principal or president to which the applicant seeks
24employment. Any unauthorized release of confidential
25information may be a violation of Section 7 of the Criminal
26Identification Act.

 

 

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1    No non-public school may obtain recognition status that
2knowingly employs a person, hired after July 1, 2007, for whom
3an Illinois State Police and Federal Bureau of Investigation
4fingerprint-based criminal history records check and a
5Statewide Sex Offender Database check has not been initiated
6or who has been convicted of any offense enumerated in Section
721B-80 of this Code or any offense committed or attempted in
8any other state or against the laws of the United States that,
9if committed or attempted in this State, would have been
10punishable as one or more of those offenses. No non-public
11school may obtain recognition status under this Section that
12knowingly employs a person who has been found to be the
13perpetrator of sexual or physical abuse of a minor under 18
14years of age pursuant to proceedings under Article II of the
15Juvenile Court Act of 1987.
16    In order to obtain recognition status under this Section,
17a non-public school must require compliance with the
18provisions of this subsection (c-5) from all employees of
19persons or firms holding contracts with the school, including,
20but not limited to, food service workers, school bus drivers,
21and other transportation employees, who have direct, daily
22contact with pupils. Any information concerning the records of
23conviction or identification as a sex offender of any such
24employee obtained by the non-public school principal or
25president must be promptly reported to the school's governing
26body.

 

 

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1    Prior to the commencement of any student teaching
2experience or required internship (which is referred to as
3student teaching in this Section) in any non-public elementary
4or secondary school that has obtained or seeks to obtain
5recognition status under this Section, a student teacher is
6required to authorize a fingerprint-based criminal history
7records check. Authorization for and payment of the costs of
8the check must be furnished by the student teacher to the chief
9administrative officer of the non-public school where the
10student teaching is to be completed. Upon receipt of this
11authorization and payment, the chief administrative officer of
12the non-public school shall submit the student teacher's name,
13sex, race, date of birth, social security number, fingerprint
14images, and other identifiers, as prescribed by the Illinois
15State Police, to the Illinois State Police. The Illinois State
16Police and the Federal Bureau of Investigation shall furnish,
17pursuant to a fingerprint-based criminal history records
18check, records of convictions, forever and hereinafter, until
19expunged, to the chief administrative officer of the
20non-public school that requested the check. The Illinois State
21Police shall charge the school a fee for conducting the check,
22which fee must be passed on to the student teacher, must not
23exceed the cost of the inquiry, and must be deposited into the
24State Police Services Fund. The school shall further perform a
25check of the Statewide Sex Offender Database, as authorized by
26the Sex Offender Community Notification Law, and of the

 

 

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1Statewide Murderer and Violent Offender Against Youth
2Database, as authorized by the Murderer and Violent Offender
3Against Youth Registration Act, for each student teacher. No
4school that has obtained or seeks to obtain recognition status
5under this Section may knowingly allow a person to student
6teach for whom a criminal history records check, a Statewide
7Sex Offender Database check, and a Statewide Murderer and
8Violent Offender Against Youth Database check have not been
9completed and reviewed by the chief administrative officer of
10the non-public school.
11    A copy of the record of convictions obtained from the
12Illinois State Police must be provided to the student teacher.
13Any information concerning the record of convictions obtained
14by the chief administrative officer of the non-public school
15is confidential and may be transmitted only to the chief
16administrative officer of the non-public school or his or her
17designee, the State Superintendent of Education, the State
18Educator Preparation and Licensure Board, or, for
19clarification purposes, the Illinois State Police or the
20Statewide Sex Offender Database or Statewide Murderer and
21Violent Offender Against Youth Database. Any unauthorized
22release of confidential information may be a violation of
23Section 7 of the Criminal Identification Act.
24    No school that has obtained or seeks to obtain recognition
25status under this Section may knowingly allow a person to
26student teach who has been convicted of any offense that would

 

 

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1subject him or her to license suspension or revocation
2pursuant to Section 21B-80 of this Code or who has been found
3to be the perpetrator of sexual or physical abuse of a minor
4under 18 years of age pursuant to proceedings under Article II
5of the Juvenile Court Act of 1987.
6    Any school that has obtained or seeks to obtain
7recognition status under this Section may not prohibit
8hairstyles historically associated with race, ethnicity, or
9hair texture, including, but not limited to, protective
10hairstyles such as braids, locks, and twists, may not prohibit
11a student from wearing any articles of clothing or items that
12have cultural or religious significance to the student if
13those articles of clothing or items are not obscene or
14derogatory toward others, and may not prohibit the right of a
15student to wear or accessorize the student's graduation attire
16with items associated with the student's cultural or ethnic
17identity or any protected characteristic or category
18identified in subsection (Q) of Section 1-103 of the Illinois
19Human Rights Act, including but not limited to, Native
20American items of cultural significance.
21    (d) Public purposes. The provisions of this Section are in
22the public interest, for the public benefit, and serve secular
23public purposes.
24    (e) Definitions Definition. For purposes of this Section,
25(i) a non-public school means any non-profit, non-home-based,
26and non-public elementary or secondary school that is in

 

 

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1compliance with Title VI of the Civil Rights Act of 1964 and
2attendance at which satisfies the requirements of Section 26-1
3of this Code; and (ii) "Native American items of cultural
4significance" means items or objects that are traditionally
5associated with a federally recognized Native American tribe
6or have religious or cultural significance to a Native
7American.
8(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
9102-813, eff. 5-13-22.)
 
10    (105 ILCS 5/2-3.196 new)
11    Sec. 2-3.196. Clothing resource materials. By no later
12than July 1, 2024, the State Board of Education shall make
13available to schools resource materials developed in
14consultation with stakeholders regarding a student wearing any
15articles of clothing or items that have cultural or religious
16significance to the student if those articles of clothing or
17items are not obscene or derogatory toward others and the
18right of a student to wear or accessorize the student's
19graduation attire with items associated with the student's
20cultural or ethnic identity or any protected characteristic or
21category identified in subsection (Q) of Section 1-103 of the
22Illinois Human Rights Act, including but not limited to,
23Native American items of cultural significance. The State
24Board of Education shall make the resource materials available
25on its Internet website.
 

 

 

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1    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
2    Sec. 10-22.25b. School uniforms. The school board may
3adopt a school uniform or dress code policy that governs all or
4certain individual attendance centers and that is necessary to
5maintain the orderly process of a school function or prevent
6endangerment of student health or safety. A school uniform or
7dress code policy adopted by a school board: (i) shall not be
8applied in such manner as to discipline or deny attendance to a
9transfer student or any other student for noncompliance with
10that policy during such period of time as is reasonably
11necessary to enable the student to acquire a school uniform or
12otherwise comply with the dress code policy that is in effect
13at the attendance center or in the district into which the
14student's enrollment is transferred; (ii) shall include
15criteria and procedures under which the school board will
16accommodate the needs of or otherwise provide appropriate
17resources to assist a student from an indigent family in
18complying with an applicable school uniform or dress code
19policy; and (iii) shall not include or apply to hairstyles,
20including hairstyles historically associated with race,
21ethnicity, or hair texture, including, but not limited to,
22protective hairstyles such as braids, locks, and twists; (iv)
23shall not prohibit a student from wearing any articles of
24clothing or items that have cultural or religious significance
25to the student if those articles of clothing or items are not

 

 

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1obscene or derogatory toward others; and (v) shall not
2prohibit the right of a student to wear or accessorize the
3student's graduation attire with items associated with the
4student's cultural or ethnic identity or any protected
5characteristic or category identified in subsection (Q) of
6Section 1-103 of the Illinois Human Rights Act, including, but
7not limited to, Native American items of cultural
8significance. As used in this Section, "Native American items
9of cultural significance" means items or objects that are
10traditionally associated with a federally recognized Native
11American tribe or have religious or cultural significance to a
12Native American. A student whose parents or legal guardians
13object on religious grounds to the student's compliance with
14an applicable school uniform or dress code policy shall not be
15required to comply with that policy if the student's parents
16or legal guardians present to the school board a signed
17statement of objection detailing the grounds for the
18objection. This Section applies to school boards of all
19districts, including special charter districts and districts
20organized under Article 34. If a school board does not comply
21with the requirements and prohibitions set forth in this
22Section, the school district is subject to the penalty imposed
23pursuant to subsection (a) of Section 2-3.25.
24    By no later than July 1, 2022, the State Board of Education
25shall make available to schools resource materials developed
26in consultation with stakeholders regarding hairstyles,

 

 

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1including hairstyles historically associated with race,
2ethnicity, or hair texture, including, but not limited to,
3protective hairstyles such as braids, locks, and twists. The
4State Board of Education shall make the resource materials
5available on its Internet website.
6(Source: P.A. 102-360, eff. 1-1-22.)
 
7    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
8    Sec. 34-2.3. Local school councils; powers and duties.
9Each local school council shall have and exercise, consistent
10with the provisions of this Article and the powers and duties
11of the board of education, the following powers and duties:
12    1. (A) To annually evaluate the performance of the
13principal of the attendance center using a Board approved
14principal evaluation form, which shall include the evaluation
15of (i) student academic improvement, as defined by the school
16improvement plan, (ii) student absenteeism rates at the
17school, (iii) instructional leadership, (iv) the effective
18implementation of programs, policies, or strategies to improve
19student academic achievement, (v) school management, and (vi)
20any other factors deemed relevant by the local school council,
21including, without limitation, the principal's communication
22skills and ability to create and maintain a student-centered
23learning environment, to develop opportunities for
24professional development, and to encourage parental
25involvement and community partnerships to achieve school

 

 

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1improvement;
2    (B) to determine in the manner provided by subsection (c)
3of Section 34-2.2 and subdivision 1.5 of this Section whether
4the performance contract of the principal shall be renewed;
5and
6    (C) to directly select, in the manner provided by
7subsection (c) of Section 34-2.2, a new principal (including a
8new principal to fill a vacancy) -- without submitting any
9list of candidates for that position to the general
10superintendent as provided in paragraph 2 of this Section --
11to serve under a 4 year performance contract; provided that
12(i) the determination of whether the principal's performance
13contract is to be renewed, based upon the evaluation required
14by subdivision 1.5 of this Section, shall be made no later than
15150 days prior to the expiration of the current
16performance-based contract of the principal, (ii) in cases
17where such performance contract is not renewed -- a direct
18selection of a new principal -- to serve under a 4 year
19performance contract shall be made by the local school council
20no later than 45 days prior to the expiration of the current
21performance contract of the principal, and (iii) a selection
22by the local school council of a new principal to fill a
23vacancy under a 4 year performance contract shall be made
24within 90 days after the date such vacancy occurs. A Council
25shall be required, if requested by the principal, to provide
26in writing the reasons for the council's not renewing the

 

 

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1principal's contract.
2    1.5. The local school council's determination of whether
3to renew the principal's contract shall be based on an
4evaluation to assess the educational and administrative
5progress made at the school during the principal's current
6performance-based contract. The local school council shall
7base its evaluation on (i) student academic improvement, as
8defined by the school improvement plan, (ii) student
9absenteeism rates at the school, (iii) instructional
10leadership, (iv) the effective implementation of programs,
11policies, or strategies to improve student academic
12achievement, (v) school management, and (vi) any other factors
13deemed relevant by the local school council, including,
14without limitation, the principal's communication skills and
15ability to create and maintain a student-centered learning
16environment, to develop opportunities for professional
17development, and to encourage parental involvement and
18community partnerships to achieve school improvement. If a
19local school council fails to renew the performance contract
20of a principal rated by the general superintendent, or his or
21her designee, in the previous years' evaluations as meeting or
22exceeding expectations, the principal, within 15 days after
23the local school council's decision not to renew the contract,
24may request a review of the local school council's principal
25non-retention decision by a hearing officer appointed by the
26American Arbitration Association. A local school council

 

 

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1member or members or the general superintendent may support
2the principal's request for review. During the period of the
3hearing officer's review of the local school council's
4decision on whether or not to retain the principal, the local
5school council shall maintain all authority to search for and
6contract with a person to serve as interim or acting
7principal, or as the principal of the attendance center under
8a 4-year performance contract, provided that any performance
9contract entered into by the local school council shall be
10voidable or modified in accordance with the decision of the
11hearing officer. The principal may request review only once
12while at that attendance center. If a local school council
13renews the contract of a principal who failed to obtain a
14rating of "meets" or "exceeds expectations" in the general
15superintendent's evaluation for the previous year, the general
16superintendent, within 15 days after the local school
17council's decision to renew the contract, may request a review
18of the local school council's principal retention decision by
19a hearing officer appointed by the American Arbitration
20Association. The general superintendent may request a review
21only once for that principal at that attendance center. All
22requests to review the retention or non-retention of a
23principal shall be submitted to the general superintendent,
24who shall, in turn, forward such requests, within 14 days of
25receipt, to the American Arbitration Association. The general
26superintendent shall send a contemporaneous copy of the

 

 

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1request that was forwarded to the American Arbitration
2Association to the principal and to each local school council
3member and shall inform the local school council of its rights
4and responsibilities under the arbitration process, including
5the local school council's right to representation and the
6manner and process by which the Board shall pay the costs of
7the council's representation. If the local school council
8retains the principal and the general superintendent requests
9a review of the retention decision, the local school council
10and the general superintendent shall be considered parties to
11the arbitration, a hearing officer shall be chosen between
12those 2 parties pursuant to procedures promulgated by the
13State Board of Education, and the principal may retain counsel
14and participate in the arbitration. If the local school
15council does not retain the principal and the principal
16requests a review of the retention decision, the local school
17council and the principal shall be considered parties to the
18arbitration and a hearing officer shall be chosen between
19those 2 parties pursuant to procedures promulgated by the
20State Board of Education. The hearing shall begin (i) within
2145 days after the initial request for review is submitted by
22the principal to the general superintendent or (ii) if the
23initial request for review is made by the general
24superintendent, within 45 days after that request is mailed to
25the American Arbitration Association. The hearing officer
26shall render a decision within 45 days after the hearing

 

 

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1begins and within 90 days after the initial request for
2review. The Board shall contract with the American Arbitration
3Association for all of the hearing officer's reasonable and
4necessary costs. In addition, the Board shall pay any
5reasonable costs incurred by a local school council for
6representation before a hearing officer.
7    1.10. The hearing officer shall conduct a hearing, which
8shall include (i) a review of the principal's performance,
9evaluations, and other evidence of the principal's service at
10the school, (ii) reasons provided by the local school council
11for its decision, and (iii) documentation evidencing views of
12interested persons, including, without limitation, students,
13parents, local school council members, school faculty and
14staff, the principal, the general superintendent or his or her
15designee, and members of the community. The burden of proof in
16establishing that the local school council's decision was
17arbitrary and capricious shall be on the party requesting the
18arbitration, and this party shall sustain the burden by a
19preponderance of the evidence. The hearing officer shall set
20the local school council decision aside if that decision, in
21light of the record developed at the hearing, is arbitrary and
22capricious. The decision of the hearing officer may not be
23appealed to the Board or the State Board of Education. If the
24hearing officer decides that the principal shall be retained,
25the retention period shall not exceed 2 years.
26    2. In the event (i) the local school council does not renew

 

 

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1the performance contract of the principal, or the principal
2fails to receive a satisfactory rating as provided in
3subsection (h) of Section 34-8.3, or the principal is removed
4for cause during the term of his or her performance contract in
5the manner provided by Section 34-85, or a vacancy in the
6position of principal otherwise occurs prior to the expiration
7of the term of a principal's performance contract, and (ii)
8the local school council fails to directly select a new
9principal to serve under a 4 year performance contract, the
10local school council in such event shall submit to the general
11superintendent a list of 3 candidates -- listed in the local
12school council's order of preference -- for the position of
13principal, one of which shall be selected by the general
14superintendent to serve as principal of the attendance center.
15If the general superintendent fails or refuses to select one
16of the candidates on the list to serve as principal within 30
17days after being furnished with the candidate list, the
18general superintendent shall select and place a principal on
19an interim basis (i) for a period not to exceed one year or
20(ii) until the local school council selects a new principal
21with 7 affirmative votes as provided in subsection (c) of
22Section 34-2.2, whichever occurs first. If the local school
23council fails or refuses to select and appoint a new
24principal, as specified by subsection (c) of Section 34-2.2,
25the general superintendent may select and appoint a new
26principal on an interim basis for an additional year or until a

 

 

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1new contract principal is selected by the local school
2council. There shall be no discrimination on the basis of
3race, sex, creed, color or disability unrelated to ability to
4perform in connection with the submission of candidates for,
5and the selection of a candidate to serve as principal of an
6attendance center. No person shall be directly selected,
7listed as a candidate for, or selected to serve as principal of
8an attendance center (i) if such person has been removed for
9cause from employment by the Board or (ii) if such person does
10not hold a valid Professional Educator License issued under
11Article 21B and endorsed as required by that Article for the
12position of principal. A principal whose performance contract
13is not renewed as provided under subsection (c) of Section
1434-2.2 may nevertheless, if otherwise qualified and licensed
15as herein provided and if he or she has received a satisfactory
16rating as provided in subsection (h) of Section 34-8.3, be
17included by a local school council as one of the 3 candidates
18listed in order of preference on any candidate list from which
19one person is to be selected to serve as principal of the
20attendance center under a new performance contract. The
21initial candidate list required to be submitted by a local
22school council to the general superintendent in cases where
23the local school council does not renew the performance
24contract of its principal and does not directly select a new
25principal to serve under a 4 year performance contract shall
26be submitted not later than 30 days prior to the expiration of

 

 

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1the current performance contract. In cases where the local
2school council fails or refuses to submit the candidate list
3to the general superintendent no later than 30 days prior to
4the expiration of the incumbent principal's contract, the
5general superintendent may appoint a principal on an interim
6basis for a period not to exceed one year, during which time
7the local school council shall be able to select a new
8principal with 7 affirmative votes as provided in subsection
9(c) of Section 34-2.2. In cases where a principal is removed
10for cause or a vacancy otherwise occurs in the position of
11principal and the vacancy is not filled by direct selection by
12the local school council, the candidate list shall be
13submitted by the local school council to the general
14superintendent within 90 days after the date such removal or
15vacancy occurs. In cases where the local school council fails
16or refuses to submit the candidate list to the general
17superintendent within 90 days after the date of the vacancy,
18the general superintendent may appoint a principal on an
19interim basis for a period of one year, during which time the
20local school council shall be able to select a new principal
21with 7 affirmative votes as provided in subsection (c) of
22Section 34-2.2.
23    2.5. Whenever a vacancy in the office of a principal
24occurs for any reason, the vacancy shall be filled in the
25manner provided by this Section by the selection of a new
26principal to serve under a 4 year performance contract.

 

 

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1    3. To establish additional criteria to be included as part
2of the performance contract of its principal, provided that
3such additional criteria shall not discriminate on the basis
4of race, sex, creed, color or disability unrelated to ability
5to perform, and shall not be inconsistent with the uniform 4
6year performance contract for principals developed by the
7board as provided in Section 34-8.1 of the School Code or with
8other provisions of this Article governing the authority and
9responsibility of principals.
10    4. To approve the expenditure plan prepared by the
11principal with respect to all funds allocated and distributed
12to the attendance center by the Board. The expenditure plan
13shall be administered by the principal. Notwithstanding any
14other provision of this Act or any other law, any expenditure
15plan approved and administered under this Section 34-2.3 shall
16be consistent with and subject to the terms of any contract for
17services with a third party entered into by the Chicago School
18Reform Board of Trustees or the board under this Act.
19    Via a supermajority vote of 8 members of a local school
20council enrolling students through the 8th grade or 9 members
21of a local school council at a secondary attendance center or
22an attendance center enrolling students in grades 7 through
2312, the Council may transfer allocations pursuant to Section
2434-2.3 within funds; provided that such a transfer is
25consistent with applicable law and collective bargaining
26agreements.

 

 

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1    Beginning in fiscal year 1991 and in each fiscal year
2thereafter, the Board may reserve up to 1% of its total fiscal
3year budget for distribution on a prioritized basis to schools
4throughout the school system in order to assure adequate
5programs to meet the needs of special student populations as
6determined by the Board. This distribution shall take into
7account the needs catalogued in the Systemwide Plan and the
8various local school improvement plans of the local school
9councils. Information about these centrally funded programs
10shall be distributed to the local school councils so that
11their subsequent planning and programming will account for
12these provisions.
13    Beginning in fiscal year 1991 and in each fiscal year
14thereafter, from other amounts available in the applicable
15fiscal year budget, the board shall allocate a lump sum amount
16to each local school based upon such formula as the board shall
17determine taking into account the special needs of the student
18body. The local school principal shall develop an expenditure
19plan in consultation with the local school council, the
20professional personnel leadership committee and with all other
21school personnel, which reflects the priorities and activities
22as described in the school's local school improvement plan and
23is consistent with applicable law and collective bargaining
24agreements and with board policies and standards; however, the
25local school council shall have the right to request waivers
26of board policy from the board of education and waivers of

 

 

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1employee collective bargaining agreements pursuant to Section
234-8.1a.
3    The expenditure plan developed by the principal with
4respect to amounts available from the fund for prioritized
5special needs programs and the allocated lump sum amount must
6be approved by the local school council.
7    The lump sum allocation shall take into account the
8following principles:
9        a. Teachers: Each school shall be allocated funds
10    equal to the amount appropriated in the previous school
11    year for compensation for teachers (regular grades
12    kindergarten through 12th grade) plus whatever increases
13    in compensation have been negotiated contractually or
14    through longevity as provided in the negotiated agreement.
15    Adjustments shall be made due to layoff or reduction in
16    force, lack of funds or work, change in subject
17    requirements, enrollment changes, or contracts with third
18    parties for the performance of services or to rectify any
19    inconsistencies with system-wide allocation formulas or
20    for other legitimate reasons.
21        b. Other personnel: Funds for other teacher licensed
22    and nonlicensed personnel paid through non-categorical
23    funds shall be provided according to system-wide formulas
24    based on student enrollment and the special needs of the
25    school as determined by the Board.
26        c. Non-compensation items: Appropriations for all

 

 

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1    non-compensation items shall be based on system-wide
2    formulas based on student enrollment and on the special
3    needs of the school or factors related to the physical
4    plant, including but not limited to textbooks, electronic
5    textbooks and the technological equipment necessary to
6    gain access to and use electronic textbooks, supplies,
7    electricity, equipment, and routine maintenance.
8        d. Funds for categorical programs: Schools shall
9    receive personnel and funds based on, and shall use such
10    personnel and funds in accordance with State and Federal
11    requirements applicable to each categorical program
12    provided to meet the special needs of the student body
13    (including but not limited to, Federal Chapter I,
14    Bilingual, and Special Education).
15        d.1. Funds for State Title I: Each school shall
16    receive funds based on State and Board requirements
17    applicable to each State Title I pupil provided to meet
18    the special needs of the student body. Each school shall
19    receive the proportion of funds as provided in Section
20    18-8 or 18-8.15 to which they are entitled. These funds
21    shall be spent only with the budgetary approval of the
22    Local School Council as provided in Section 34-2.3.
23        e. The Local School Council shall have the right to
24    request the principal to close positions and open new ones
25    consistent with the provisions of the local school
26    improvement plan provided that these decisions are

 

 

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1    consistent with applicable law and collective bargaining
2    agreements. If a position is closed, pursuant to this
3    paragraph, the local school shall have for its use the
4    system-wide average compensation for the closed position.
5        f. Operating within existing laws and collective
6    bargaining agreements, the local school council shall have
7    the right to direct the principal to shift expenditures
8    within funds.
9        g. (Blank).
10    Any funds unexpended at the end of the fiscal year shall be
11available to the board of education for use as part of its
12budget for the following fiscal year.
13    5. To make recommendations to the principal concerning
14textbook selection and concerning curriculum developed
15pursuant to the school improvement plan which is consistent
16with systemwide curriculum objectives in accordance with
17Sections 34-8 and 34-18 of the School Code and in conformity
18with the collective bargaining agreement.
19    6. To advise the principal concerning the attendance and
20disciplinary policies for the attendance center, subject to
21the provisions of this Article and Article 26, and consistent
22with the uniform system of discipline established by the board
23pursuant to Section 34-19.
24    7. To approve a school improvement plan developed as
25provided in Section 34-2.4. The process and schedule for plan
26development shall be publicized to the entire school

 

 

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1community, and the community shall be afforded the opportunity
2to make recommendations concerning the plan. At least twice a
3year the principal and local school council shall report
4publicly on progress and problems with respect to plan
5implementation.
6    8. To evaluate the allocation of teaching resources and
7other licensed and nonlicensed staff to the attendance center
8to determine whether such allocation is consistent with and in
9furtherance of instructional objectives and school programs
10reflective of the school improvement plan adopted for the
11attendance center; and to make recommendations to the board,
12the general superintendent and the principal concerning any
13reallocation of teaching resources or other staff whenever the
14council determines that any such reallocation is appropriate
15because the qualifications of any existing staff at the
16attendance center do not adequately match or support
17instructional objectives or school programs which reflect the
18school improvement plan.
19    9. To make recommendations to the principal and the
20general superintendent concerning their respective
21appointments, after August 31, 1989, and in the manner
22provided by Section 34-8 and Section 34-8.1, of persons to
23fill any vacant, additional or newly created positions for
24teachers at the attendance center or at attendance centers
25which include the attendance center served by the local school
26council.

 

 

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1    10. To request of the Board the manner in which training
2and assistance shall be provided to the local school council.
3Pursuant to Board guidelines a local school council is
4authorized to direct the Board of Education to contract with
5personnel or not-for-profit organizations not associated with
6the school district to train or assist council members. If
7training or assistance is provided by contract with personnel
8or organizations not associated with the school district, the
9period of training or assistance shall not exceed 30 hours
10during a given school year; person shall not be employed on a
11continuous basis longer than said period and shall not have
12been employed by the Chicago Board of Education within the
13preceding six months. Council members shall receive training
14in at least the following areas:
15        1. school budgets;
16        2. educational theory pertinent to the attendance
17    center's particular needs, including the development of
18    the school improvement plan and the principal's
19    performance contract; and
20        3. personnel selection.
21Council members shall, to the greatest extent possible,
22complete such training within 90 days of election.
23    11. In accordance with systemwide guidelines contained in
24the System-Wide Educational Reform Goals and Objectives Plan,
25criteria for evaluation of performance shall be established
26for local school councils and local school council members. If

 

 

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1a local school council persists in noncompliance with
2systemwide requirements, the Board may impose sanctions and
3take necessary corrective action, consistent with Section
434-8.3.
5    12. Each local school council shall comply with the Open
6Meetings Act and the Freedom of Information Act. Each local
7school council shall issue and transmit to its school
8community a detailed annual report accounting for its
9activities programmatically and financially. Each local school
10council shall convene at least 2 well-publicized meetings
11annually with its entire school community. These meetings
12shall include presentation of the proposed local school
13improvement plan, of the proposed school expenditure plan, and
14the annual report, and shall provide an opportunity for public
15comment.
16    13. Each local school council is encouraged to involve
17additional non-voting members of the school community in
18facilitating the council's exercise of its responsibilities.
19    14. The local school council may adopt a school uniform or
20dress code policy that governs the attendance center and that
21is necessary to maintain the orderly process of a school
22function or prevent endangerment of student health or safety,
23consistent with the policies and rules of the Board of
24Education. A school uniform or dress code policy adopted by a
25local school council: (i) shall not be applied in such manner
26as to discipline or deny attendance to a transfer student or

 

 

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1any other student for noncompliance with that policy during
2such period of time as is reasonably necessary to enable the
3student to acquire a school uniform or otherwise comply with
4the dress code policy that is in effect at the attendance
5center into which the student's enrollment is transferred;
6(ii) shall include criteria and procedures under which the
7local school council will accommodate the needs of or
8otherwise provide appropriate resources to assist a student
9from an indigent family in complying with an applicable school
10uniform or dress code policy; and (iii) shall not include or
11apply to hairstyles, including hairstyles historically
12associated with race, ethnicity, or hair texture, including,
13but not limited to, protective hairstyles such as braids,
14locks, and twists; (iv) shall not prohibit a student from
15wearing any articles of clothing or items that have cultural
16or religious significance to the student if those articles of
17clothing or items are not obscene or derogatory toward others;
18and (v) shall not prohibit the right of a student to wear or
19accessorize the student's graduation attire with items
20associated with the student's cultural or ethnic identity or
21any protected characteristic or category identified in
22subsection (Q) of Section 1-103 of the Illinois Human Rights
23Act, including, but not limited to, Native American items of
24cultural significance. As used in this paragraph 14, "Native
25American items of cultural significance" means items or
26objects that are traditionally associated with a federally

 

 

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1recognized Native American tribe or have religious or cultural
2significance to a Native American. A student whose parents or
3legal guardians object on religious grounds to the student's
4compliance with an applicable school uniform or dress code
5policy shall not be required to comply with that policy if the
6student's parents or legal guardians present to the local
7school council a signed statement of objection detailing the
8grounds for the objection. If a local school council does not
9comply with the requirements and prohibitions set forth in
10this paragraph 14, the attendance center is subject to the
11penalty imposed pursuant to subsection (a) of Section 2-3.25.
12    15. All decisions made and actions taken by the local
13school council in the exercise of its powers and duties shall
14comply with State and federal laws, all applicable collective
15bargaining agreements, court orders and rules properly
16promulgated by the Board.
17    15a. To grant, in accordance with board rules and
18policies, the use of assembly halls and classrooms when not
19otherwise needed, including lighting, heat, and attendants,
20for public lectures, concerts, and other educational and
21social activities.
22    15b. To approve, in accordance with board rules and
23policies, receipts and expenditures for all internal accounts
24of the attendance center, and to approve all fund-raising
25activities by nonschool organizations that use the school
26building.

 

 

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1    16. (Blank).
2    17. Names and addresses of local school council members
3shall be a matter of public record.
4(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
5102-894, eff. 5-20-22.)