Sen. Suzy Glowiak Hilton

Filed: 3/24/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1446

2    AMENDMENT NO. ______. Amend Senate Bill 1446, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing
6Sections 10-22.25b, and 34-2.3 and by adding Section 2-3.196
7as follows:
 
8    (105 ILCS 5/2-3.196 new)
9    Sec. 2-3.196. Clothing resource materials. By no later
10than July 1, 2024, the State Board of Education shall make
11available to schools resource materials developed in
12consultation with stakeholders regarding a student wearing or
13accessorizing the student's graduation attire with general
14items that may be used by the student to associate with,
15identify, or declare the student's cultural, ethnic, or
16religious identity or any other protected characteristic or

 

 

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1category identified in subsection (Q) of Section 1-103 of the
2Illinois Human Rights Act. The State Board of Education shall
3make the resource materials available on its Internet website.
 
4    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
5    Sec. 10-22.25b. School uniforms. The school board may
6adopt a school uniform or dress code policy that governs all or
7certain individual attendance centers and that is necessary to
8maintain the orderly process of a school function or prevent
9endangerment of student health or safety. A school uniform or
10dress code policy adopted by a school board: (i) shall not be
11applied in such manner as to discipline or deny attendance to a
12transfer student or any other student for noncompliance with
13that policy during such period of time as is reasonably
14necessary to enable the student to acquire a school uniform or
15otherwise comply with the dress code policy that is in effect
16at the attendance center or in the district into which the
17student's enrollment is transferred; (ii) shall include
18criteria and procedures under which the school board will
19accommodate the needs of or otherwise provide appropriate
20resources to assist a student from an indigent family in
21complying with an applicable school uniform or dress code
22policy; and (iii) shall not include or apply to hairstyles,
23including hairstyles historically associated with race,
24ethnicity, or hair texture, including, but not limited to,
25protective hairstyles such as braids, locks, and twists; and

 

 

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1(iv) shall not prohibit the right of a student to wear or
2accessorize the student's graduation attire with items
3associated with the student's cultural, ethnic, or religious
4identity or any other protected characteristic or category
5identified in subsection (Q) of Section 1-103 of the Illinois
6Human Rights Act. A student whose parents or legal guardians
7object on religious grounds to the student's compliance with
8an applicable school uniform or dress code policy shall not be
9required to comply with that policy if the student's parents
10or legal guardians present to the school board a signed
11statement of objection detailing the grounds for the
12objection. This Section applies to school boards of all
13districts, including special charter districts and districts
14organized under Article 34. If a school board does not comply
15with the requirements and prohibitions set forth in this
16Section, the school district is subject to the penalty imposed
17pursuant to subsection (a) of Section 2-3.25.
18    By no later than July 1, 2022, the State Board of Education
19shall make available to schools resource materials developed
20in consultation with stakeholders regarding hairstyles,
21including hairstyles historically associated with race,
22ethnicity, or hair texture, including, but not limited to,
23protective hairstyles such as braids, locks, and twists. The
24State Board of Education shall make the resource materials
25available on its Internet website.
26(Source: P.A. 102-360, eff. 1-1-22.)
 

 

 

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1    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
2    Sec. 34-2.3. Local school councils; powers and duties.
3Each local school council shall have and exercise, consistent
4with the provisions of this Article and the powers and duties
5of the board of education, the following powers and duties:
6    1. (A) To annually evaluate the performance of the
7principal of the attendance center using a Board approved
8principal evaluation form, which shall include the evaluation
9of (i) student academic improvement, as defined by the school
10improvement plan, (ii) student absenteeism rates at the
11school, (iii) instructional leadership, (iv) the effective
12implementation of programs, policies, or strategies to improve
13student academic achievement, (v) school management, and (vi)
14any other factors deemed relevant by the local school council,
15including, without limitation, the principal's communication
16skills and ability to create and maintain a student-centered
17learning environment, to develop opportunities for
18professional development, and to encourage parental
19involvement and community partnerships to achieve school
20improvement;
21    (B) to determine in the manner provided by subsection (c)
22of Section 34-2.2 and subdivision 1.5 of this Section whether
23the performance contract of the principal shall be renewed;
24and
25    (C) to directly select, in the manner provided by

 

 

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1subsection (c) of Section 34-2.2, a new principal (including a
2new principal to fill a vacancy) -- without submitting any
3list of candidates for that position to the general
4superintendent as provided in paragraph 2 of this Section --
5to serve under a 4 year performance contract; provided that
6(i) the determination of whether the principal's performance
7contract is to be renewed, based upon the evaluation required
8by subdivision 1.5 of this Section, shall be made no later than
9150 days prior to the expiration of the current
10performance-based contract of the principal, (ii) in cases
11where such performance contract is not renewed -- a direct
12selection of a new principal -- to serve under a 4 year
13performance contract shall be made by the local school council
14no later than 45 days prior to the expiration of the current
15performance contract of the principal, and (iii) a selection
16by the local school council of a new principal to fill a
17vacancy under a 4 year performance contract shall be made
18within 90 days after the date such vacancy occurs. A Council
19shall be required, if requested by the principal, to provide
20in writing the reasons for the council's not renewing the
21principal's contract.
22    1.5. The local school council's determination of whether
23to renew the principal's contract shall be based on an
24evaluation to assess the educational and administrative
25progress made at the school during the principal's current
26performance-based contract. The local school council shall

 

 

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

 

 

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1principal, or as the principal of the attendance center under
2a 4-year performance contract, provided that any performance
3contract entered into by the local school council shall be
4voidable or modified in accordance with the decision of the
5hearing officer. The principal may request review only once
6while at that attendance center. If a local school council
7renews the contract of a principal who failed to obtain a
8rating of "meets" or "exceeds expectations" in the general
9superintendent's evaluation for the previous year, the general
10superintendent, within 15 days after the local school
11council's decision to renew the contract, may request a review
12of the local school council's principal retention decision by
13a hearing officer appointed by the American Arbitration
14Association. The general superintendent may request a review
15only once for that principal at that attendance center. All
16requests to review the retention or non-retention of a
17principal shall be submitted to the general superintendent,
18who shall, in turn, forward such requests, within 14 days of
19receipt, to the American Arbitration Association. The general
20superintendent shall send a contemporaneous copy of the
21request that was forwarded to the American Arbitration
22Association to the principal and to each local school council
23member and shall inform the local school council of its rights
24and responsibilities under the arbitration process, including
25the local school council's right to representation and the
26manner and process by which the Board shall pay the costs of

 

 

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1the council's representation. If the local school council
2retains the principal and the general superintendent requests
3a review of the retention decision, the local school council
4and the general superintendent shall be considered parties to
5the arbitration, a hearing officer shall be chosen between
6those 2 parties pursuant to procedures promulgated by the
7State Board of Education, and the principal may retain counsel
8and participate in the arbitration. If the local school
9council does not retain the principal and the principal
10requests a review of the retention decision, the local school
11council and the principal shall be considered parties to the
12arbitration and a hearing officer shall be chosen between
13those 2 parties pursuant to procedures promulgated by the
14State Board of Education. The hearing shall begin (i) within
1545 days after the initial request for review is submitted by
16the principal to the general superintendent or (ii) if the
17initial request for review is made by the general
18superintendent, within 45 days after that request is mailed to
19the American Arbitration Association. The hearing officer
20shall render a decision within 45 days after the hearing
21begins and within 90 days after the initial request for
22review. The Board shall contract with the American Arbitration
23Association for all of the hearing officer's reasonable and
24necessary costs. In addition, the Board shall pay any
25reasonable costs incurred by a local school council for
26representation before a hearing officer.

 

 

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1    1.10. The hearing officer shall conduct a hearing, which
2shall include (i) a review of the principal's performance,
3evaluations, and other evidence of the principal's service at
4the school, (ii) reasons provided by the local school council
5for its decision, and (iii) documentation evidencing views of
6interested persons, including, without limitation, students,
7parents, local school council members, school faculty and
8staff, the principal, the general superintendent or his or her
9designee, and members of the community. The burden of proof in
10establishing that the local school council's decision was
11arbitrary and capricious shall be on the party requesting the
12arbitration, and this party shall sustain the burden by a
13preponderance of the evidence. The hearing officer shall set
14the local school council decision aside if that decision, in
15light of the record developed at the hearing, is arbitrary and
16capricious. The decision of the hearing officer may not be
17appealed to the Board or the State Board of Education. If the
18hearing officer decides that the principal shall be retained,
19the retention period shall not exceed 2 years.
20    2. In the event (i) the local school council does not renew
21the performance contract of the principal, or the principal
22fails to receive a satisfactory rating as provided in
23subsection (h) of Section 34-8.3, or the principal is removed
24for cause during the term of his or her performance contract in
25the manner provided by Section 34-85, or a vacancy in the
26position of principal otherwise occurs prior to the expiration

 

 

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1of the term of a principal's performance contract, and (ii)
2the local school council fails to directly select a new
3principal to serve under a 4 year performance contract, the
4local school council in such event shall submit to the general
5superintendent a list of 3 candidates -- listed in the local
6school council's order of preference -- for the position of
7principal, one of which shall be selected by the general
8superintendent to serve as principal of the attendance center.
9If the general superintendent fails or refuses to select one
10of the candidates on the list to serve as principal within 30
11days after being furnished with the candidate list, the
12general superintendent shall select and place a principal on
13an interim basis (i) for a period not to exceed one year or
14(ii) until the local school council selects a new principal
15with 7 affirmative votes as provided in subsection (c) of
16Section 34-2.2, whichever occurs first. If the local school
17council fails or refuses to select and appoint a new
18principal, as specified by subsection (c) of Section 34-2.2,
19the general superintendent may select and appoint a new
20principal on an interim basis for an additional year or until a
21new contract principal is selected by the local school
22council. There shall be no discrimination on the basis of
23race, sex, creed, color or disability unrelated to ability to
24perform in connection with the submission of candidates for,
25and the selection of a candidate to serve as principal of an
26attendance center. No person shall be directly selected,

 

 

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1listed as a candidate for, or selected to serve as principal of
2an attendance center (i) if such person has been removed for
3cause from employment by the Board or (ii) if such person does
4not hold a valid Professional Educator License issued under
5Article 21B and endorsed as required by that Article for the
6position of principal. A principal whose performance contract
7is not renewed as provided under subsection (c) of Section
834-2.2 may nevertheless, if otherwise qualified and licensed
9as herein provided and if he or she has received a satisfactory
10rating as provided in subsection (h) of Section 34-8.3, be
11included by a local school council as one of the 3 candidates
12listed in order of preference on any candidate list from which
13one person is to be selected to serve as principal of the
14attendance center under a new performance contract. The
15initial candidate list required to be submitted by a local
16school council to the general superintendent in cases where
17the local school council does not renew the performance
18contract of its principal and does not directly select a new
19principal to serve under a 4 year performance contract shall
20be submitted not later than 30 days prior to the expiration of
21the current performance contract. In cases where the local
22school council fails or refuses to submit the candidate list
23to the general superintendent no later than 30 days prior to
24the expiration of the incumbent principal's contract, the
25general superintendent may appoint a principal on an interim
26basis for a period not to exceed one year, during which time

 

 

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1the local school council shall be able to select a new
2principal with 7 affirmative votes as provided in subsection
3(c) of Section 34-2.2. In cases where a principal is removed
4for cause or a vacancy otherwise occurs in the position of
5principal and the vacancy is not filled by direct selection by
6the local school council, the candidate list shall be
7submitted by the local school council to the general
8superintendent within 90 days after the date such removal or
9vacancy occurs. In cases where the local school council fails
10or refuses to submit the candidate list to the general
11superintendent within 90 days after the date of the vacancy,
12the general superintendent may appoint a principal on an
13interim basis for a period of one year, during which time the
14local school council shall be able to select a new principal
15with 7 affirmative votes as provided in subsection (c) of
16Section 34-2.2.
17    2.5. Whenever a vacancy in the office of a principal
18occurs for any reason, the vacancy shall be filled in the
19manner provided by this Section by the selection of a new
20principal to serve under a 4 year performance contract.
21    3. To establish additional criteria to be included as part
22of the performance contract of its principal, provided that
23such additional criteria shall not discriminate on the basis
24of race, sex, creed, color or disability unrelated to ability
25to perform, and shall not be inconsistent with the uniform 4
26year performance contract for principals developed by the

 

 

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1board as provided in Section 34-8.1 of the School Code or with
2other provisions of this Article governing the authority and
3responsibility of principals.
4    4. To approve the expenditure plan prepared by the
5principal with respect to all funds allocated and distributed
6to the attendance center by the Board. The expenditure plan
7shall be administered by the principal. Notwithstanding any
8other provision of this Act or any other law, any expenditure
9plan approved and administered under this Section 34-2.3 shall
10be consistent with and subject to the terms of any contract for
11services with a third party entered into by the Chicago School
12Reform Board of Trustees or the board under this Act.
13    Via a supermajority vote of 8 members of a local school
14council enrolling students through the 8th grade or 9 members
15of a local school council at a secondary attendance center or
16an attendance center enrolling students in grades 7 through
1712, the Council may transfer allocations pursuant to Section
1834-2.3 within funds; provided that such a transfer is
19consistent with applicable law and collective bargaining
20agreements.
21    Beginning in fiscal year 1991 and in each fiscal year
22thereafter, the Board may reserve up to 1% of its total fiscal
23year budget for distribution on a prioritized basis to schools
24throughout the school system in order to assure adequate
25programs to meet the needs of special student populations as
26determined by the Board. This distribution shall take into

 

 

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1account the needs catalogued in the Systemwide Plan and the
2various local school improvement plans of the local school
3councils. Information about these centrally funded programs
4shall be distributed to the local school councils so that
5their subsequent planning and programming will account for
6these provisions.
7    Beginning in fiscal year 1991 and in each fiscal year
8thereafter, from other amounts available in the applicable
9fiscal year budget, the board shall allocate a lump sum amount
10to each local school based upon such formula as the board shall
11determine taking into account the special needs of the student
12body. The local school principal shall develop an expenditure
13plan in consultation with the local school council, the
14professional personnel leadership committee and with all other
15school personnel, which reflects the priorities and activities
16as described in the school's local school improvement plan and
17is consistent with applicable law and collective bargaining
18agreements and with board policies and standards; however, the
19local school council shall have the right to request waivers
20of board policy from the board of education and waivers of
21employee collective bargaining agreements pursuant to Section
2234-8.1a.
23    The expenditure plan developed by the principal with
24respect to amounts available from the fund for prioritized
25special needs programs and the allocated lump sum amount must
26be approved by the local school council.

 

 

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1    The lump sum allocation shall take into account the
2following principles:
3        a. Teachers: Each school shall be allocated funds
4    equal to the amount appropriated in the previous school
5    year for compensation for teachers (regular grades
6    kindergarten through 12th grade) plus whatever increases
7    in compensation have been negotiated contractually or
8    through longevity as provided in the negotiated agreement.
9    Adjustments shall be made due to layoff or reduction in
10    force, lack of funds or work, change in subject
11    requirements, enrollment changes, or contracts with third
12    parties for the performance of services or to rectify any
13    inconsistencies with system-wide allocation formulas or
14    for other legitimate reasons.
15        b. Other personnel: Funds for other teacher licensed
16    and nonlicensed personnel paid through non-categorical
17    funds shall be provided according to system-wide formulas
18    based on student enrollment and the special needs of the
19    school as determined by the Board.
20        c. Non-compensation items: Appropriations for all
21    non-compensation items shall be based on system-wide
22    formulas based on student enrollment and on the special
23    needs of the school or factors related to the physical
24    plant, including but not limited to textbooks, electronic
25    textbooks and the technological equipment necessary to
26    gain access to and use electronic textbooks, supplies,

 

 

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1    electricity, equipment, and routine maintenance.
2        d. Funds for categorical programs: Schools shall
3    receive personnel and funds based on, and shall use such
4    personnel and funds in accordance with State and Federal
5    requirements applicable to each categorical program
6    provided to meet the special needs of the student body
7    (including but not limited to, Federal Chapter I,
8    Bilingual, and Special Education).
9        d.1. Funds for State Title I: Each school shall
10    receive funds based on State and Board requirements
11    applicable to each State Title I pupil provided to meet
12    the special needs of the student body. Each school shall
13    receive the proportion of funds as provided in Section
14    18-8 or 18-8.15 to which they are entitled. These funds
15    shall be spent only with the budgetary approval of the
16    Local School Council as provided in Section 34-2.3.
17        e. The Local School Council shall have the right to
18    request the principal to close positions and open new ones
19    consistent with the provisions of the local school
20    improvement plan provided that these decisions are
21    consistent with applicable law and collective bargaining
22    agreements. If a position is closed, pursuant to this
23    paragraph, the local school shall have for its use the
24    system-wide average compensation for the closed position.
25        f. Operating within existing laws and collective
26    bargaining agreements, the local school council shall have

 

 

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1    the right to direct the principal to shift expenditures
2    within funds.
3        g. (Blank).
4    Any funds unexpended at the end of the fiscal year shall be
5available to the board of education for use as part of its
6budget for the following fiscal year.
7    5. To make recommendations to the principal concerning
8textbook selection and concerning curriculum developed
9pursuant to the school improvement plan which is consistent
10with systemwide curriculum objectives in accordance with
11Sections 34-8 and 34-18 of the School Code and in conformity
12with the collective bargaining agreement.
13    6. To advise the principal concerning the attendance and
14disciplinary policies for the attendance center, subject to
15the provisions of this Article and Article 26, and consistent
16with the uniform system of discipline established by the board
17pursuant to Section 34-19.
18    7. To approve a school improvement plan developed as
19provided in Section 34-2.4. The process and schedule for plan
20development shall be publicized to the entire school
21community, and the community shall be afforded the opportunity
22to make recommendations concerning the plan. At least twice a
23year the principal and local school council shall report
24publicly on progress and problems with respect to plan
25implementation.
26    8. To evaluate the allocation of teaching resources and

 

 

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1other licensed and nonlicensed staff to the attendance center
2to determine whether such allocation is consistent with and in
3furtherance of instructional objectives and school programs
4reflective of the school improvement plan adopted for the
5attendance center; and to make recommendations to the board,
6the general superintendent and the principal concerning any
7reallocation of teaching resources or other staff whenever the
8council determines that any such reallocation is appropriate
9because the qualifications of any existing staff at the
10attendance center do not adequately match or support
11instructional objectives or school programs which reflect the
12school improvement plan.
13    9. To make recommendations to the principal and the
14general superintendent concerning their respective
15appointments, after August 31, 1989, and in the manner
16provided by Section 34-8 and Section 34-8.1, of persons to
17fill any vacant, additional or newly created positions for
18teachers at the attendance center or at attendance centers
19which include the attendance center served by the local school
20council.
21    10. To request of the Board the manner in which training
22and assistance shall be provided to the local school council.
23Pursuant to Board guidelines a local school council is
24authorized to direct the Board of Education to contract with
25personnel or not-for-profit organizations not associated with
26the school district to train or assist council members. If

 

 

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1training or assistance is provided by contract with personnel
2or organizations not associated with the school district, the
3period of training or assistance shall not exceed 30 hours
4during a given school year; person shall not be employed on a
5continuous basis longer than said period and shall not have
6been employed by the Chicago Board of Education within the
7preceding six months. Council members shall receive training
8in at least the following areas:
9        1. school budgets;
10        2. educational theory pertinent to the attendance
11    center's particular needs, including the development of
12    the school improvement plan and the principal's
13    performance contract; and
14        3. personnel selection.
15Council members shall, to the greatest extent possible,
16complete such training within 90 days of election.
17    11. In accordance with systemwide guidelines contained in
18the System-Wide Educational Reform Goals and Objectives Plan,
19criteria for evaluation of performance shall be established
20for local school councils and local school council members. If
21a local school council persists in noncompliance with
22systemwide requirements, the Board may impose sanctions and
23take necessary corrective action, consistent with Section
2434-8.3.
25    12. Each local school council shall comply with the Open
26Meetings Act and the Freedom of Information Act. Each local

 

 

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1school council shall issue and transmit to its school
2community a detailed annual report accounting for its
3activities programmatically and financially. Each local school
4council shall convene at least 2 well-publicized meetings
5annually with its entire school community. These meetings
6shall include presentation of the proposed local school
7improvement plan, of the proposed school expenditure plan, and
8the annual report, and shall provide an opportunity for public
9comment.
10    13. Each local school council is encouraged to involve
11additional non-voting members of the school community in
12facilitating the council's exercise of its responsibilities.
13    14. The local school council may adopt a school uniform or
14dress code policy that governs the attendance center and that
15is necessary to maintain the orderly process of a school
16function or prevent endangerment of student health or safety,
17consistent with the policies and rules of the Board of
18Education. A school uniform or dress code policy adopted by a
19local school council: (i) shall not be applied in such manner
20as to discipline or deny attendance to a transfer student or
21any other student for noncompliance with that policy during
22such period of time as is reasonably necessary to enable the
23student to acquire a school uniform or otherwise comply with
24the dress code policy that is in effect at the attendance
25center into which the student's enrollment is transferred;
26(ii) shall include criteria and procedures under which the

 

 

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1local school council will accommodate the needs of or
2otherwise provide appropriate resources to assist a student
3from an indigent family in complying with an applicable school
4uniform or dress code policy; and (iii) shall not include or
5apply to hairstyles, including hairstyles historically
6associated with race, ethnicity, or hair texture, including,
7but not limited to, protective hairstyles such as braids,
8locks, and twists ; and (iv) shall not prohibit the right of a
9student to wear or accessorize the student's graduation attire
10with items associated with the student's cultural, ethnic, or
11religious identity or any other protected characteristic or
12category identified in subsection (Q) of Section 1-103 of the
13Illinois Human Rights Act. A student whose parents or legal
14guardians object on religious grounds to the student's
15compliance with an applicable school uniform or dress code
16policy shall not be required to comply with that policy if the
17student's parents or legal guardians present to the local
18school council a signed statement of objection detailing the
19grounds for the objection. If a local school council does not
20comply with the requirements and prohibitions set forth in
21this paragraph 14, the attendance center is subject to the
22penalty imposed pursuant to subsection (a) of Section 2-3.25.
23    15. All decisions made and actions taken by the local
24school council in the exercise of its powers and duties shall
25comply with State and federal laws, all applicable collective
26bargaining agreements, court orders and rules properly

 

 

10300SB1446sam003- 22 -LRB103 26328 RJT 59936 a

1promulgated by the Board.
2    15a. To grant, in accordance with board rules and
3policies, the use of assembly halls and classrooms when not
4otherwise needed, including lighting, heat, and attendants,
5for public lectures, concerts, and other educational and
6social activities.
7    15b. To approve, in accordance with board rules and
8policies, receipts and expenditures for all internal accounts
9of the attendance center, and to approve all fund-raising
10activities by nonschool organizations that use the school
11building.
12    16. (Blank).
13    17. Names and addresses of local school council members
14shall be a matter of public record.
15(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
16102-894, eff. 5-20-22.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".