Illinois General Assembly - Full Text of SB1446
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Full Text of SB1446  103rd General Assembly

SB1446eng 103RD GENERAL ASSEMBLY

  
  
  

 


 
SB1446 EngrossedLRB103 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
510-22.25b, and 34-2.3 and by adding Section 2-3.196 as
6follows:
 
7    (105 ILCS 5/2-3.196 new)
8    Sec. 2-3.196. Clothing resource materials. By no later
9than July 1, 2024, the State Board of Education shall make
10available to schools resource materials developed in
11consultation with stakeholders regarding a student wearing or
12accessorizing the student's graduation attire with general
13items that may be used by the student to associate with,
14identify, or declare the student's cultural, ethnic, or
15religious identity or any other protected characteristic or
16category identified in subsection (Q) of Section 1-103 of the
17Illinois Human Rights Act. The State Board of Education shall
18make the resource materials available on its Internet website.
 
19    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
20    Sec. 10-22.25b. School uniforms. The school board may
21adopt a school uniform or dress code policy that governs all or
22certain individual attendance centers and that is necessary to

 

 

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1maintain the orderly process of a school function or prevent
2endangerment of student health or safety. A school uniform or
3dress code policy adopted by a school board: (i) shall not be
4applied in such manner as to discipline or deny attendance to a
5transfer student or any other student for noncompliance with
6that policy during such period of time as is reasonably
7necessary to enable the student to acquire a school uniform or
8otherwise comply with the dress code policy that is in effect
9at the attendance center or in the district into which the
10student's enrollment is transferred; (ii) shall include
11criteria and procedures under which the school board will
12accommodate the needs of or otherwise provide appropriate
13resources to assist a student from an indigent family in
14complying with an applicable school uniform or dress code
15policy; and (iii) shall not include or apply to hairstyles,
16including hairstyles historically associated with race,
17ethnicity, or hair texture, including, but not limited to,
18protective hairstyles such as braids, locks, and twists; and
19(iv) shall not prohibit the right of a student to wear or
20accessorize the student's graduation attire with items
21associated with the student's cultural, ethnic, or religious
22identity or any other protected characteristic or category
23identified in subsection (Q) of Section 1-103 of the Illinois
24Human Rights Act. A student whose parents or legal guardians
25object on religious grounds to the student's compliance with
26an applicable school uniform or dress code policy shall not be

 

 

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1required to comply with that policy if the student's parents
2or legal guardians present to the school board a signed
3statement of objection detailing the grounds for the
4objection. This Section applies to school boards of all
5districts, including special charter districts and districts
6organized under Article 34. If a school board does not comply
7with the requirements and prohibitions set forth in this
8Section, the school district is subject to the penalty imposed
9pursuant to subsection (a) of Section 2-3.25.
10    By no later than July 1, 2022, the State Board of Education
11shall make available to schools resource materials developed
12in consultation with stakeholders regarding hairstyles,
13including hairstyles historically associated with race,
14ethnicity, or hair texture, including, but not limited to,
15protective hairstyles such as braids, locks, and twists. The
16State Board of Education shall make the resource materials
17available on its Internet website.
18(Source: P.A. 102-360, eff. 1-1-22.)
 
19    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
20    Sec. 34-2.3. Local school councils; powers and duties.
21Each local school council shall have and exercise, consistent
22with the provisions of this Article and the powers and duties
23of the board of education, the following powers and duties:
24    1. (A) To annually evaluate the performance of the
25principal of the attendance center using a Board approved

 

 

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1principal evaluation form, which shall include the evaluation
2of (i) student academic improvement, as defined by the school
3improvement plan, (ii) student absenteeism rates at the
4school, (iii) instructional leadership, (iv) the effective
5implementation of programs, policies, or strategies to improve
6student academic achievement, (v) school management, and (vi)
7any other factors deemed relevant by the local school council,
8including, without limitation, the principal's communication
9skills and ability to create and maintain a student-centered
10learning environment, to develop opportunities for
11professional development, and to encourage parental
12involvement and community partnerships to achieve school
13improvement;
14    (B) to determine in the manner provided by subsection (c)
15of Section 34-2.2 and subdivision 1.5 of this Section whether
16the performance contract of the principal shall be renewed;
17and
18    (C) to directly select, in the manner provided by
19subsection (c) of Section 34-2.2, a new principal (including a
20new principal to fill a vacancy) -- without submitting any
21list of candidates for that position to the general
22superintendent as provided in paragraph 2 of this Section --
23to serve under a 4 year performance contract; provided that
24(i) the determination of whether the principal's performance
25contract is to be renewed, based upon the evaluation required
26by subdivision 1.5 of this Section, shall be made no later than

 

 

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1150 days prior to the expiration of the current
2performance-based contract of the principal, (ii) in cases
3where such performance contract is not renewed -- a direct
4selection of a new principal -- to serve under a 4 year
5performance contract shall be made by the local school council
6no later than 45 days prior to the expiration of the current
7performance contract of the principal, and (iii) a selection
8by the local school council of a new principal to fill a
9vacancy under a 4 year performance contract shall be made
10within 90 days after the date such vacancy occurs. A Council
11shall be required, if requested by the principal, to provide
12in writing the reasons for the council's not renewing the
13principal's contract.
14    1.5. The local school council's determination of whether
15to renew the principal's contract shall be based on an
16evaluation to assess the educational and administrative
17progress made at the school during the principal's current
18performance-based contract. The local school council shall
19base its evaluation on (i) student academic improvement, as
20defined by the school improvement plan, (ii) student
21absenteeism rates at the school, (iii) instructional
22leadership, (iv) the effective implementation of programs,
23policies, or strategies to improve student academic
24achievement, (v) school management, and (vi) any other factors
25deemed relevant by the local school council, including,
26without limitation, the principal's communication skills and

 

 

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1ability to create and maintain a student-centered learning
2environment, to develop opportunities for professional
3development, and to encourage parental involvement and
4community partnerships to achieve school improvement. If a
5local school council fails to renew the performance contract
6of a principal rated by the general superintendent, or his or
7her designee, in the previous years' evaluations as meeting or
8exceeding expectations, the principal, within 15 days after
9the local school council's decision not to renew the contract,
10may request a review of the local school council's principal
11non-retention decision by a hearing officer appointed by the
12American Arbitration Association. A local school council
13member or members or the general superintendent may support
14the principal's request for review. During the period of the
15hearing officer's review of the local school council's
16decision on whether or not to retain the principal, the local
17school council shall maintain all authority to search for and
18contract with a person to serve as interim or acting
19principal, or as the principal of the attendance center under
20a 4-year performance contract, provided that any performance
21contract entered into by the local school council shall be
22voidable or modified in accordance with the decision of the
23hearing officer. The principal may request review only once
24while at that attendance center. If a local school council
25renews the contract of a principal who failed to obtain a
26rating of "meets" or "exceeds expectations" in the general

 

 

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1superintendent's evaluation for the previous year, the general
2superintendent, within 15 days after the local school
3council's decision to renew the contract, may request a review
4of the local school council's principal retention decision by
5a hearing officer appointed by the American Arbitration
6Association. The general superintendent may request a review
7only once for that principal at that attendance center. All
8requests to review the retention or non-retention of a
9principal shall be submitted to the general superintendent,
10who shall, in turn, forward such requests, within 14 days of
11receipt, to the American Arbitration Association. The general
12superintendent shall send a contemporaneous copy of the
13request that was forwarded to the American Arbitration
14Association to the principal and to each local school council
15member and shall inform the local school council of its rights
16and responsibilities under the arbitration process, including
17the local school council's right to representation and the
18manner and process by which the Board shall pay the costs of
19the council's representation. If the local school council
20retains the principal and the general superintendent requests
21a review of the retention decision, the local school council
22and the general superintendent shall be considered parties to
23the arbitration, a hearing officer shall be chosen between
24those 2 parties pursuant to procedures promulgated by the
25State Board of Education, and the principal may retain counsel
26and participate in the arbitration. If the local school

 

 

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1council does not retain the principal and the principal
2requests a review of the retention decision, the local school
3council and the principal shall be considered parties to the
4arbitration and a hearing officer shall be chosen between
5those 2 parties pursuant to procedures promulgated by the
6State Board of Education. The hearing shall begin (i) within
745 days after the initial request for review is submitted by
8the principal to the general superintendent or (ii) if the
9initial request for review is made by the general
10superintendent, within 45 days after that request is mailed to
11the American Arbitration Association. The hearing officer
12shall render a decision within 45 days after the hearing
13begins and within 90 days after the initial request for
14review. The Board shall contract with the American Arbitration
15Association for all of the hearing officer's reasonable and
16necessary costs. In addition, the Board shall pay any
17reasonable costs incurred by a local school council for
18representation before a hearing officer.
19    1.10. The hearing officer shall conduct a hearing, which
20shall include (i) a review of the principal's performance,
21evaluations, and other evidence of the principal's service at
22the school, (ii) reasons provided by the local school council
23for its decision, and (iii) documentation evidencing views of
24interested persons, including, without limitation, students,
25parents, local school council members, school faculty and
26staff, the principal, the general superintendent or his or her

 

 

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1designee, and members of the community. The burden of proof in
2establishing that the local school council's decision was
3arbitrary and capricious shall be on the party requesting the
4arbitration, and this party shall sustain the burden by a
5preponderance of the evidence. The hearing officer shall set
6the local school council decision aside if that decision, in
7light of the record developed at the hearing, is arbitrary and
8capricious. The decision of the hearing officer may not be
9appealed to the Board or the State Board of Education. If the
10hearing officer decides that the principal shall be retained,
11the retention period shall not exceed 2 years.
12    2. In the event (i) the local school council does not renew
13the performance contract of the principal, or the principal
14fails to receive a satisfactory rating as provided in
15subsection (h) of Section 34-8.3, or the principal is removed
16for cause during the term of his or her performance contract in
17the manner provided by Section 34-85, or a vacancy in the
18position of principal otherwise occurs prior to the expiration
19of the term of a principal's performance contract, and (ii)
20the local school council fails to directly select a new
21principal to serve under a 4 year performance contract, the
22local school council in such event shall submit to the general
23superintendent a list of 3 candidates -- listed in the local
24school council's order of preference -- for the position of
25principal, one of which shall be selected by the general
26superintendent to serve as principal of the attendance center.

 

 

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1If the general superintendent fails or refuses to select one
2of the candidates on the list to serve as principal within 30
3days after being furnished with the candidate list, the
4general superintendent shall select and place a principal on
5an interim basis (i) for a period not to exceed one year or
6(ii) until the local school council selects a new principal
7with 7 affirmative votes as provided in subsection (c) of
8Section 34-2.2, whichever occurs first. If the local school
9council fails or refuses to select and appoint a new
10principal, as specified by subsection (c) of Section 34-2.2,
11the general superintendent may select and appoint a new
12principal on an interim basis for an additional year or until a
13new contract principal is selected by the local school
14council. There shall be no discrimination on the basis of
15race, sex, creed, color or disability unrelated to ability to
16perform in connection with the submission of candidates for,
17and the selection of a candidate to serve as principal of an
18attendance center. No person shall be directly selected,
19listed as a candidate for, or selected to serve as principal of
20an attendance center (i) if such person has been removed for
21cause from employment by the Board or (ii) if such person does
22not hold a valid Professional Educator License issued under
23Article 21B and endorsed as required by that Article for the
24position of principal. A principal whose performance contract
25is not renewed as provided under subsection (c) of Section
2634-2.2 may nevertheless, if otherwise qualified and licensed

 

 

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1as herein provided and if he or she has received a satisfactory
2rating as provided in subsection (h) of Section 34-8.3, be
3included by a local school council as one of the 3 candidates
4listed in order of preference on any candidate list from which
5one person is to be selected to serve as principal of the
6attendance center under a new performance contract. The
7initial candidate list required to be submitted by a local
8school council to the general superintendent in cases where
9the local school council does not renew the performance
10contract of its principal and does not directly select a new
11principal to serve under a 4 year performance contract shall
12be submitted not later than 30 days prior to the expiration of
13the current performance contract. In cases where the local
14school council fails or refuses to submit the candidate list
15to the general superintendent no later than 30 days prior to
16the expiration of the incumbent principal's contract, the
17general superintendent may appoint a principal on an interim
18basis for a period not to exceed one year, during which time
19the local school council shall be able to select a new
20principal with 7 affirmative votes as provided in subsection
21(c) of Section 34-2.2. In cases where a principal is removed
22for cause or a vacancy otherwise occurs in the position of
23principal and the vacancy is not filled by direct selection by
24the local school council, the candidate list shall be
25submitted by the local school council to the general
26superintendent within 90 days after the date such removal or

 

 

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1vacancy occurs. In cases where the local school council fails
2or refuses to submit the candidate list to the general
3superintendent within 90 days after the date of the vacancy,
4the general superintendent may appoint a principal on an
5interim basis for a period of one year, during which time the
6local school council shall be able to select a new principal
7with 7 affirmative votes as provided in subsection (c) of
8Section 34-2.2.
9    2.5. Whenever a vacancy in the office of a principal
10occurs for any reason, the vacancy shall be filled in the
11manner provided by this Section by the selection of a new
12principal to serve under a 4 year performance contract.
13    3. To establish additional criteria to be included as part
14of the performance contract of its principal, provided that
15such additional criteria shall not discriminate on the basis
16of race, sex, creed, color or disability unrelated to ability
17to perform, and shall not be inconsistent with the uniform 4
18year performance contract for principals developed by the
19board as provided in Section 34-8.1 of the School Code or with
20other provisions of this Article governing the authority and
21responsibility of principals.
22    4. To approve the expenditure plan prepared by the
23principal with respect to all funds allocated and distributed
24to the attendance center by the Board. The expenditure plan
25shall be administered by the principal. Notwithstanding any
26other provision of this Act or any other law, any expenditure

 

 

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1plan approved and administered under this Section 34-2.3 shall
2be consistent with and subject to the terms of any contract for
3services with a third party entered into by the Chicago School
4Reform Board of Trustees or the board under this Act.
5    Via a supermajority vote of 8 members of a local school
6council enrolling students through the 8th grade or 9 members
7of a local school council at a secondary attendance center or
8an attendance center enrolling students in grades 7 through
912, the Council may transfer allocations pursuant to Section
1034-2.3 within funds; provided that such a transfer is
11consistent with applicable law and collective bargaining
12agreements.
13    Beginning in fiscal year 1991 and in each fiscal year
14thereafter, the Board may reserve up to 1% of its total fiscal
15year budget for distribution on a prioritized basis to schools
16throughout the school system in order to assure adequate
17programs to meet the needs of special student populations as
18determined by the Board. This distribution shall take into
19account the needs catalogued in the Systemwide Plan and the
20various local school improvement plans of the local school
21councils. Information about these centrally funded programs
22shall be distributed to the local school councils so that
23their subsequent planning and programming will account for
24these provisions.
25    Beginning in fiscal year 1991 and in each fiscal year
26thereafter, from other amounts available in the applicable

 

 

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1fiscal year budget, the board shall allocate a lump sum amount
2to each local school based upon such formula as the board shall
3determine taking into account the special needs of the student
4body. The local school principal shall develop an expenditure
5plan in consultation with the local school council, the
6professional personnel leadership committee and with all other
7school personnel, which reflects the priorities and activities
8as described in the school's local school improvement plan and
9is consistent with applicable law and collective bargaining
10agreements and with board policies and standards; however, the
11local school council shall have the right to request waivers
12of board policy from the board of education and waivers of
13employee collective bargaining agreements pursuant to Section
1434-8.1a.
15    The expenditure plan developed by the principal with
16respect to amounts available from the fund for prioritized
17special needs programs and the allocated lump sum amount must
18be approved by the local school council.
19    The lump sum allocation shall take into account the
20following principles:
21        a. Teachers: Each school shall be allocated funds
22    equal to the amount appropriated in the previous school
23    year for compensation for teachers (regular grades
24    kindergarten through 12th grade) plus whatever increases
25    in compensation have been negotiated contractually or
26    through longevity as provided in the negotiated agreement.

 

 

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1    Adjustments shall be made due to layoff or reduction in
2    force, lack of funds or work, change in subject
3    requirements, enrollment changes, or contracts with third
4    parties for the performance of services or to rectify any
5    inconsistencies with system-wide allocation formulas or
6    for other legitimate reasons.
7        b. Other personnel: Funds for other teacher licensed
8    and nonlicensed personnel paid through non-categorical
9    funds shall be provided according to system-wide formulas
10    based on student enrollment and the special needs of the
11    school as determined by the Board.
12        c. Non-compensation items: Appropriations for all
13    non-compensation items shall be based on system-wide
14    formulas based on student enrollment and on the special
15    needs of the school or factors related to the physical
16    plant, including but not limited to textbooks, electronic
17    textbooks and the technological equipment necessary to
18    gain access to and use electronic textbooks, supplies,
19    electricity, equipment, and routine maintenance.
20        d. Funds for categorical programs: Schools shall
21    receive personnel and funds based on, and shall use such
22    personnel and funds in accordance with State and Federal
23    requirements applicable to each categorical program
24    provided to meet the special needs of the student body
25    (including but not limited to, Federal Chapter I,
26    Bilingual, and Special Education).

 

 

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1        d.1. Funds for State Title I: Each school shall
2    receive funds based on State and Board requirements
3    applicable to each State Title I pupil provided to meet
4    the special needs of the student body. Each school shall
5    receive the proportion of funds as provided in Section
6    18-8 or 18-8.15 to which they are entitled. These funds
7    shall be spent only with the budgetary approval of the
8    Local School Council as provided in Section 34-2.3.
9        e. The Local School Council shall have the right to
10    request the principal to close positions and open new ones
11    consistent with the provisions of the local school
12    improvement plan provided that these decisions are
13    consistent with applicable law and collective bargaining
14    agreements. If a position is closed, pursuant to this
15    paragraph, the local school shall have for its use the
16    system-wide average compensation for the closed position.
17        f. Operating within existing laws and collective
18    bargaining agreements, the local school council shall have
19    the right to direct the principal to shift expenditures
20    within funds.
21        g. (Blank).
22    Any funds unexpended at the end of the fiscal year shall be
23available to the board of education for use as part of its
24budget for the following fiscal year.
25    5. To make recommendations to the principal concerning
26textbook selection and concerning curriculum developed

 

 

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1pursuant to the school improvement plan which is consistent
2with systemwide curriculum objectives in accordance with
3Sections 34-8 and 34-18 of the School Code and in conformity
4with the collective bargaining agreement.
5    6. To advise the principal concerning the attendance and
6disciplinary policies for the attendance center, subject to
7the provisions of this Article and Article 26, and consistent
8with the uniform system of discipline established by the board
9pursuant to Section 34-19.
10    7. To approve a school improvement plan developed as
11provided in Section 34-2.4. The process and schedule for plan
12development shall be publicized to the entire school
13community, and the community shall be afforded the opportunity
14to make recommendations concerning the plan. At least twice a
15year the principal and local school council shall report
16publicly on progress and problems with respect to plan
17implementation.
18    8. To evaluate the allocation of teaching resources and
19other licensed and nonlicensed staff to the attendance center
20to determine whether such allocation is consistent with and in
21furtherance of instructional objectives and school programs
22reflective of the school improvement plan adopted for the
23attendance center; and to make recommendations to the board,
24the general superintendent and the principal concerning any
25reallocation of teaching resources or other staff whenever the
26council determines that any such reallocation is appropriate

 

 

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1because the qualifications of any existing staff at the
2attendance center do not adequately match or support
3instructional objectives or school programs which reflect the
4school improvement plan.
5    9. To make recommendations to the principal and the
6general superintendent concerning their respective
7appointments, after August 31, 1989, and in the manner
8provided by Section 34-8 and Section 34-8.1, of persons to
9fill any vacant, additional or newly created positions for
10teachers at the attendance center or at attendance centers
11which include the attendance center served by the local school
12council.
13    10. To request of the Board the manner in which training
14and assistance shall be provided to the local school council.
15Pursuant to Board guidelines a local school council is
16authorized to direct the Board of Education to contract with
17personnel or not-for-profit organizations not associated with
18the school district to train or assist council members. If
19training or assistance is provided by contract with personnel
20or organizations not associated with the school district, the
21period of training or assistance shall not exceed 30 hours
22during a given school year; person shall not be employed on a
23continuous basis longer than said period and shall not have
24been employed by the Chicago Board of Education within the
25preceding six months. Council members shall receive training
26in at least the following areas:

 

 

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1        1. school budgets;
2        2. educational theory pertinent to the attendance
3    center's particular needs, including the development of
4    the school improvement plan and the principal's
5    performance contract; and
6        3. personnel selection.
7Council members shall, to the greatest extent possible,
8complete such training within 90 days of election.
9    11. In accordance with systemwide guidelines contained in
10the System-Wide Educational Reform Goals and Objectives Plan,
11criteria for evaluation of performance shall be established
12for local school councils and local school council members. If
13a local school council persists in noncompliance with
14systemwide requirements, the Board may impose sanctions and
15take necessary corrective action, consistent with Section
1634-8.3.
17    12. Each local school council shall comply with the Open
18Meetings Act and the Freedom of Information Act. Each local
19school council shall issue and transmit to its school
20community a detailed annual report accounting for its
21activities programmatically and financially. Each local school
22council shall convene at least 2 well-publicized meetings
23annually with its entire school community. These meetings
24shall include presentation of the proposed local school
25improvement plan, of the proposed school expenditure plan, and
26the annual report, and shall provide an opportunity for public

 

 

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1comment.
2    13. Each local school council is encouraged to involve
3additional non-voting members of the school community in
4facilitating the council's exercise of its responsibilities.
5    14. The local school council may adopt a school uniform or
6dress code policy that governs the attendance center and that
7is necessary to maintain the orderly process of a school
8function or prevent endangerment of student health or safety,
9consistent with the policies and rules of the Board of
10Education. A school uniform or dress code policy adopted by a
11local school council: (i) shall not be applied in such manner
12as to discipline or deny attendance to a transfer student or
13any other student for noncompliance with that policy during
14such period of time as is reasonably necessary to enable the
15student to acquire a school uniform or otherwise comply with
16the dress code policy that is in effect at the attendance
17center into which the student's enrollment is transferred;
18(ii) shall include criteria and procedures under which the
19local school council will accommodate the needs of or
20otherwise provide appropriate resources to assist a student
21from an indigent family in complying with an applicable school
22uniform or dress code policy; and (iii) shall not include or
23apply to hairstyles, including hairstyles historically
24associated with race, ethnicity, or hair texture, including,
25but not limited to, protective hairstyles such as braids,
26locks, and twists ; and (iv) shall not prohibit the right of a

 

 

SB1446 Engrossed- 21 -LRB103 26328 RJT 52689 b

1student to wear or accessorize the student's graduation attire
2with items associated with the student's cultural, ethnic, or
3religious identity or any other protected characteristic or
4category identified in subsection (Q) of Section 1-103 of the
5Illinois Human Rights Act. A student whose parents or legal
6guardians object on religious grounds to the student's
7compliance with an applicable school uniform or dress code
8policy shall not be required to comply with that policy if the
9student's parents or legal guardians present to the local
10school council a signed statement of objection detailing the
11grounds for the objection. If a local school council does not
12comply with the requirements and prohibitions set forth in
13this paragraph 14, the attendance center is subject to the
14penalty imposed pursuant to subsection (a) of Section 2-3.25.
15    15. All decisions made and actions taken by the local
16school council in the exercise of its powers and duties shall
17comply with State and federal laws, all applicable collective
18bargaining agreements, court orders and rules properly
19promulgated by the Board.
20    15a. To grant, in accordance with board rules and
21policies, the use of assembly halls and classrooms when not
22otherwise needed, including lighting, heat, and attendants,
23for public lectures, concerts, and other educational and
24social activities.
25    15b. To approve, in accordance with board rules and
26policies, receipts and expenditures for all internal accounts

 

 

SB1446 Engrossed- 22 -LRB103 26328 RJT 52689 b

1of the attendance center, and to approve all fund-raising
2activities by nonschool organizations that use the school
3building.
4    16. (Blank).
5    17. Names and addresses of local school council members
6shall be a matter of public record.
7(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
8102-894, eff. 5-20-22.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.