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Public Act 103-0463
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| SB1446 Enrolled | LRB103 26328 RJT 52689 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections |
10-22.25b, and 34-2.3 and by adding Section 2-3.196 as |
follows:
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(105 ILCS 5/2-3.196 new) |
Sec. 2-3.196. Clothing resource materials. By no later |
than July 1, 2024, the State Board of Education shall make |
available to schools resource materials developed in |
consultation with stakeholders regarding a student wearing or |
accessorizing the student's graduation attire with general |
items that may be used by the student to associate with, |
identify, or declare the student's cultural, ethnic, or |
religious identity or any other protected characteristic or |
category identified in subsection (Q) of Section 1-103 of the |
Illinois Human Rights Act. The State Board of Education shall |
make the resource materials available on its Internet website.
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(105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
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Sec. 10-22.25b. School uniforms. The school board may |
adopt a school
uniform or dress code
policy that governs all or |
certain individual attendance centers
and that is necessary to |
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maintain the orderly process of a school
function or prevent |
endangerment of student health or safety.
A school uniform or |
dress code policy adopted by
a school board: (i) shall not be |
applied in such manner as to discipline or
deny attendance to a |
transfer student or any other student for noncompliance
with |
that policy during
such period of time as is reasonably |
necessary to enable the student to acquire
a school uniform or |
otherwise comply with the dress code policy that is in
effect |
at the attendance center or in the district into which the |
student's
enrollment is transferred; (ii) shall include |
criteria and procedures under
which the school board will |
accommodate the needs of or otherwise provide
appropriate |
resources to assist a student from an indigent family in |
complying
with an applicable school uniform or dress code |
policy; and (iii) shall not include or apply to hairstyles, |
including hairstyles historically associated with race, |
ethnicity, or hair texture, including, but not limited to, |
protective hairstyles such as braids, locks, and twists; and |
(iv) shall not prohibit the right of a student to wear or
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accessorize the student's graduation attire with items |
associated with the student's cultural, ethnic, or religious |
identity or any other protected characteristic or category |
identified in subsection (Q) of Section 1-103 of the Illinois |
Human Rights Act. A student whose
parents or legal guardians |
object on religious grounds to the student's
compliance with |
an applicable school
uniform or dress code policy shall not be |
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required to comply with that policy
if the student's parents |
or legal guardians present to the school board a
signed |
statement of objection detailing the grounds for the |
objection.
This Section applies to school boards of all
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districts, including special charter districts and districts |
organized under
Article 34. If a school board does not comply |
with the requirements and prohibitions set forth in this |
Section, the school district is subject to the penalty imposed |
pursuant to subsection (a) of Section 2-3.25.
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By no later than July 1, 2022, the State Board of Education |
shall make available to schools resource materials developed |
in consultation with stakeholders regarding hairstyles, |
including hairstyles historically associated with race, |
ethnicity, or hair texture, including, but not limited to, |
protective hairstyles such as braids, locks, and twists. The |
State Board of Education shall make the resource materials |
available on its Internet website. |
(Source: P.A. 102-360, eff. 1-1-22.)
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(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
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Sec. 34-2.3. Local school councils; powers and duties. |
Each local school
council shall have and exercise, consistent |
with the provisions of
this Article and the powers and duties |
of
the board of education, the following powers and duties:
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1. (A) To annually evaluate the performance of the |
principal of the
attendance
center
using a Board approved |
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principal evaluation form, which shall include the
evaluation |
of
(i) student academic improvement, as defined by the
school |
improvement plan, (ii)
student absenteeism rates
at the |
school, (iii) instructional leadership, (iv) the effective
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implementation of
programs, policies, or strategies to improve |
student academic achievement,
(v) school management, and (vi) |
any other factors deemed relevant by the local
school council, |
including, without limitation, the principal's communication
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skills and ability to create and maintain a student-centered |
learning
environment, to develop opportunities for |
professional development, and to
encourage parental |
involvement and community partnerships to achieve school
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improvement;
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(B) to determine in the manner provided by subsection (c) |
of Section
34-2.2 and subdivision 1.5 of this Section whether |
the performance contract
of the principal shall be
renewed; |
and
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(C) to directly select, in the manner provided by
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subsection (c) of
Section 34-2.2, a new principal (including a |
new principal to fill a
vacancy)
-- without submitting any |
list of candidates for that position to the
general |
superintendent as provided in paragraph 2 of this Section -- |
to
serve under a 4 year performance contract; provided that |
(i) the determination
of whether the principal's performance |
contract is to be renewed, based upon
the evaluation required |
by subdivision 1.5 of this Section, shall be made no
later than |
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150 days prior to the expiration of the current |
performance-based
contract of the principal, (ii) in cases |
where such performance
contract is not renewed -- a
direct |
selection
of a
new principal -- to serve under a 4 year |
performance contract shall be made by
the local school council |
no later than 45 days prior to the expiration of the
current |
performance contract of the principal, and (iii) a
selection |
by
the local school council of a new principal to fill a |
vacancy under a 4 year
performance contract shall be made |
within 90 days after the date such vacancy
occurs. A Council |
shall be required, if requested by the principal, to provide
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in writing the reasons for the council's not renewing the |
principal's contract.
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1.5. The local school council's determination of whether |
to renew the
principal's contract shall be based on an |
evaluation to assess the educational
and administrative |
progress made at the school during the principal's current
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performance-based contract. The local school council shall |
base its evaluation
on (i) student academic improvement, as |
defined by the school improvement plan,
(ii) student |
absenteeism rates at the school, (iii) instructional |
leadership,
(iv) the effective implementation of programs, |
policies, or strategies to
improve student academic |
achievement, (v) school management, and (vi) any
other factors |
deemed relevant by the local school council, including, |
without
limitation, the principal's communication skills and |
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ability to create and
maintain a student-centered learning |
environment, to develop opportunities for
professional |
development, and to encourage parental involvement and |
community
partnerships to achieve school improvement. If a |
local school council
fails to renew the performance contract |
of a principal rated by the general
superintendent, or his or |
her designee, in the previous years' evaluations as
meeting or |
exceeding expectations, the principal, within 15 days after |
the
local school council's decision not to renew the contract, |
may request a review
of the
local school council's principal |
non-retention decision by a hearing officer
appointed by the |
American Arbitration Association. A local school council
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member or members or the general superintendent may support |
the principal's
request for review.
During the period of the |
hearing officer's review of the local school
council's |
decision on
whether or not to retain the principal, the local |
school council shall maintain
all authority
to search for and |
contract with a person to serve
as interim or acting
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principal, or as the
principal of the attendance center under |
a 4-year performance contract,
provided that any performance |
contract entered into by the local school council
shall be |
voidable
or
modified in accordance with the decision of the |
hearing officer.
The principal may request review only once |
while at that
attendance center. If a local school council |
renews the contract of a
principal who failed to obtain a |
rating of "meets" or "exceeds expectations" in
the general |
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superintendent's evaluation for the previous year, the general |
superintendent,
within 15
days after the local
school |
council's decision to renew the contract,
may request a review |
of
the local school council's principal retention decision by |
a hearing officer
appointed by the American Arbitration |
Association. The general superintendent may request a review |
only
once
for that principal at that attendance center. All |
requests to review the
retention or non-retention of a |
principal shall be submitted to the general
superintendent, |
who shall, in turn, forward such requests, within 14 days of
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receipt, to the American Arbitration Association.
The general |
superintendent shall send a contemporaneous copy of the |
request
that was forwarded to the American Arbitration |
Association to the principal and
to each local school council |
member and shall inform the local school council
of its rights |
and responsibilities under the arbitration process, including |
the
local school council's right to representation and the |
manner and process by
which the Board shall pay the costs of |
the council's representation.
If the local school council |
retains the
principal and the general superintendent requests |
a review of the retention
decision, the local school council |
and the general
superintendent shall be considered parties to |
the arbitration, a hearing officer shall
be
chosen between |
those 2
parties pursuant to procedures promulgated by the |
State Board of Education,
and the principal may retain counsel |
and participate in the arbitration. If the local school |
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council does not retain the principal and
the principal |
requests a review of the retention decision, the local school
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council and the principal shall be considered parties to the
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arbitration and a hearing
officer shall be chosen between |
those 2 parties pursuant to procedures
promulgated by the |
State Board of Education.
The hearing shall begin (i)
within |
45 days
after the initial request for review is submitted by |
the principal to the
general superintendent or (ii) if the
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initial request for
review is made by the general |
superintendent, within 45 days after that request
is mailed
to |
the American Arbitration Association.
The hearing officer |
shall render a
decision within 45
days after the hearing |
begins and within 90 days after the initial request
for |
review.
The Board shall contract with the American
Arbitration |
Association for all of the hearing officer's reasonable and
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necessary costs. In addition, the Board shall pay any |
reasonable costs
incurred by a local school council for |
representation before a hearing
officer.
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1.10. The hearing officer shall conduct a hearing, which |
shall include (i)
a review of the principal's performance, |
evaluations, and other evidence of
the principal's service at |
the school, (ii) reasons provided by the local
school council |
for its decision, and (iii) documentation evidencing views of
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interested persons, including,
without limitation, students, |
parents, local school council members, school
faculty and |
staff, the principal, the general superintendent or his or her
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designee, and members of the community. The burden of proof in |
establishing
that the local school council's decision was |
arbitrary and capricious shall be
on the party requesting the |
arbitration, and this party shall sustain the
burden by a |
preponderance of the evidence.
The hearing officer shall set |
the
local school council decision aside if that decision, in |
light of the record
developed at the hearing, is arbitrary and |
capricious. The decision of the
hearing officer may not be |
appealed to the Board or the State Board of
Education. If the |
hearing officer decides that the principal shall be
retained, |
the retention period shall not exceed 2 years.
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2. In the event (i) the local school council does not renew |
the
performance contract of the principal, or the principal |
fails to receive a
satisfactory rating as provided in |
subsection (h) of Section 34-8.3,
or the principal is
removed |
for cause during the term of his or her performance contract
in |
the manner provided by Section 34-85, or a vacancy in the |
position
of principal otherwise occurs prior to the expiration |
of the term of
a principal's performance contract, and (ii) |
the local school council
fails to directly select a new |
principal to serve under a 4 year performance
contract,
the |
local school council in such event shall submit to the general
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superintendent a list of 3 candidates -- listed in the local |
school
council's order of preference -- for the position of |
principal, one of
which shall be selected by the general |
superintendent to serve as
principal of the attendance center. |
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If the general superintendent
fails or refuses to select one |
of the candidates on the list to serve as
principal within 30 |
days after being furnished with the candidate list,
the |
general superintendent shall select and place a principal on |
an interim
basis (i) for a period not to exceed one year or |
(ii) until the local school
council selects a new principal |
with 7 affirmative votes as
provided in subsection (c) of |
Section 34-2.2, whichever occurs first. If the
local school |
council
fails or refuses to select and appoint a new |
principal, as specified by
subsection (c) of Section 34-2.2, |
the general superintendent may select and
appoint a new |
principal on an interim basis for
an additional year or until a |
new contract principal is selected by the local
school |
council. There shall be no discrimination on the basis of
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race, sex, creed, color or
disability unrelated to ability to |
perform in
connection with the submission of candidates for, |
and the selection of a
candidate to serve as principal of an |
attendance center. No person shall
be directly selected, |
listed as a candidate for, or selected to serve as
principal of |
an attendance center (i) if such person has been removed for |
cause
from employment by the Board or (ii) if such person does |
not hold a valid
Professional Educator License issued under |
Article 21B and
endorsed as required by that Article for the |
position of principal. A
principal whose performance contract |
is not renewed as provided under
subsection (c) of Section |
34-2.2 may nevertheless, if otherwise qualified
and licensed |
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as herein provided
and if he or she has received a satisfactory |
rating as provided in subsection
(h) of Section 34-8.3, be |
included by a local school council as
one of the 3 candidates |
listed in order of preference on any candidate list
from which |
one person is to be selected to serve as principal of the
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attendance center under a new performance contract. The |
initial candidate
list required to be submitted by a local |
school council to the general
superintendent in cases where |
the local school council does not renew the
performance |
contract of its principal and does not directly select a new
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principal to serve under a 4 year performance contract shall |
be submitted
not later than
30 days prior to the expiration of |
the current performance contract. In
cases where the local |
school council fails or refuses to submit the candidate
list |
to the general superintendent no later than 30 days prior to |
the
expiration of the incumbent principal's contract, the |
general superintendent
may
appoint a principal on an interim |
basis for a period not to exceed one year,
during which time |
the local school council shall be able to select a new
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principal with 7 affirmative votes as provided in subsection |
(c) of Section
34-2.2. In cases where a principal is removed |
for cause or a
vacancy otherwise occurs in the position of |
principal and the vacancy is
not filled by direct selection by |
the local school council, the candidate
list shall be |
submitted by the local school council to the general
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superintendent within 90 days after the date such
removal or
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vacancy occurs.
In cases where the local school council fails |
or refuses to submit the
candidate list to the general |
superintendent within 90 days after the date of
the vacancy, |
the general superintendent may appoint a principal on an |
interim
basis for a period of one year, during which time the |
local school council
shall be able to select a new principal |
with 7 affirmative votes as provided in
subsection (c) of |
Section 34-2.2.
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2.5. Whenever a vacancy in the office of a principal |
occurs for any reason,
the vacancy shall be filled in the |
manner provided by this Section by the
selection of a new |
principal to serve under a 4 year performance contract.
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3. To establish additional criteria
to be included as part |
of
the
performance contract of its principal, provided that |
such additional
criteria shall not discriminate on the basis |
of race, sex, creed, color
or
disability unrelated to ability |
to perform, and shall not be inconsistent
with the uniform 4 |
year performance contract for principals developed by
the |
board as provided in Section 34-8.1 of the School Code
or with |
other provisions of this Article governing the
authority and |
responsibility of principals.
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4. To approve the expenditure plan prepared by the |
principal with
respect to all funds allocated and distributed |
to the attendance center by
the Board. The expenditure plan |
shall be administered by the principal.
Notwithstanding any |
other provision of this Act or any other law, any
expenditure |
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plan approved and
administered under this Section 34-2.3 shall |
be consistent with and subject to
the terms of any contract for |
services with a third party entered into by the
Chicago School |
Reform Board of Trustees or the board under this Act.
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Via a supermajority vote of 8 members of a local school |
council enrolling students through the 8th grade or 9
members |
of a local school council at a secondary attendance center or |
an attendance center enrolling students in grades 7 through |
12, the Council may transfer
allocations pursuant to Section |
34-2.3 within funds; provided that such a
transfer is |
consistent with applicable law and
collective bargaining
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agreements.
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Beginning in fiscal year 1991 and in each fiscal year
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thereafter, the
Board may reserve up to 1% of its total fiscal |
year budget for
distribution
on a prioritized basis to schools |
throughout the school system in order to
assure adequate |
programs to meet the needs of
special student populations as |
determined by the Board. This distribution
shall take into |
account the needs catalogued in the Systemwide Plan and the
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various local school improvement plans of the local school |
councils.
Information about these centrally funded programs |
shall be distributed to
the local school councils so that |
their subsequent planning and programming
will account for |
these provisions.
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Beginning in fiscal year 1991 and in each fiscal year |
thereafter, from
other amounts available in the applicable |
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fiscal year budget, the board
shall allocate a lump sum amount |
to each local school based upon
such formula as the board shall |
determine taking into account the special needs
of the student |
body. The local school
principal shall develop an expenditure |
plan in consultation with the local
school council, the |
professional personnel leadership
committee and with all
other |
school personnel, which reflects the
priorities and activities |
as described in the school's local school
improvement plan and |
is consistent with applicable law and collective
bargaining |
agreements and with board policies and standards; however, the
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local school council shall have the right to request waivers |
of board policy
from the board of education and waivers of |
employee collective bargaining
agreements pursuant to Section |
34-8.1a.
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The expenditure plan developed by the principal with |
respect to
amounts available from the fund for prioritized |
special needs programs
and the allocated lump sum amount must |
be approved by the local school council.
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The lump sum allocation shall take into account the
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following principles:
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a. Teachers: Each school shall be allocated funds |
equal to the
amount appropriated in the previous school |
year for compensation for
teachers (regular grades |
kindergarten through 12th grade) plus whatever
increases |
in compensation have been negotiated contractually or |
through
longevity as provided in the negotiated agreement. |
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Adjustments shall be
made due to layoff or reduction in |
force, lack of funds or work, change in
subject |
requirements, enrollment changes, or contracts with third
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parties for the performance of services or to rectify
any |
inconsistencies with system-wide allocation formulas or |
for other
legitimate reasons.
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b. Other personnel: Funds for other teacher licensed |
and nonlicensed personnel paid through non-categorical |
funds shall be
provided according to system-wide formulas |
based on student enrollment and
the special needs of the |
school as determined by the Board.
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c. Non-compensation items: Appropriations for all |
non-compensation items
shall be based on system-wide |
formulas based on student enrollment and
on the special |
needs of the school or factors related to the physical
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plant, including but not limited to textbooks, electronic |
textbooks and the technological equipment necessary to |
gain access to and use electronic textbooks, supplies, |
electricity,
equipment, and routine maintenance.
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d. Funds for categorical programs: Schools shall |
receive personnel
and funds based on, and shall use such |
personnel and funds in accordance
with State and Federal |
requirements applicable to each
categorical program
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provided to meet the special needs of the student body |
(including but not
limited to, Federal Chapter I, |
Bilingual, and Special Education).
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d.1. Funds for State Title I: Each school shall |
receive
funds based on State and Board requirements |
applicable to each State
Title I pupil provided to meet |
the special needs of the student body. Each
school shall |
receive the proportion of funds as provided in Section |
18-8 or 18-8.15 to
which they are entitled. These funds |
shall be spent only with the
budgetary approval of the |
Local School Council as provided in Section 34-2.3.
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e. The Local School Council shall have the right to |
request the
principal to close positions and open new ones |
consistent with the
provisions of the local school |
improvement plan provided that these
decisions are |
consistent with applicable law and
collective bargaining
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agreements. If a position is closed, pursuant to this |
paragraph, the local
school shall have for its use the |
system-wide average compensation for the
closed position.
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f. Operating within existing laws and
collective |
bargaining agreements,
the local school council shall have |
the right to direct the principal to
shift expenditures |
within funds.
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g. (Blank).
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Any funds unexpended at the end of the fiscal year shall be |
available to
the board of education for use as part of its |
budget for the following
fiscal year.
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5. To make recommendations to the principal concerning |
textbook
selection and concerning curriculum developed |
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pursuant to the school
improvement plan which is consistent |
with systemwide curriculum objectives
in accordance with |
Sections 34-8 and 34-18 of the School Code and in
conformity |
with the collective bargaining agreement.
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6. To advise the principal concerning the attendance and
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disciplinary policies for the attendance center, subject to |
the provisions
of this Article and Article 26, and consistent |
with the uniform system of
discipline established by the board |
pursuant to Section 34-19.
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7. To approve a school improvement plan developed as |
provided in Section
34-2.4. The process and schedule for plan |
development shall be publicized
to the entire school |
community, and the community shall be afforded the
opportunity |
to make recommendations concerning the plan. At least twice a
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year the principal and
local
school council shall report |
publicly on
progress and problems with respect to plan |
implementation.
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8. To evaluate the allocation of teaching resources and |
other licensed and nonlicensed
staff to the attendance center |
to determine
whether such allocation is consistent with and in |
furtherance of
instructional objectives and school programs |
reflective of the school
improvement plan adopted for the |
attendance center; and to make
recommendations to the board, |
the general superintendent
and the
principal concerning any |
reallocation of teaching resources
or other staff whenever the |
council determines that any such
reallocation is appropriate |
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because the qualifications of any existing
staff at the |
attendance center do not adequately match or support
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instructional objectives or school programs which reflect the |
school
improvement plan.
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9. To make recommendations to the principal and the |
general superintendent
concerning their respective |
appointments, after August 31, 1989, and in the
manner |
provided by Section 34-8 and Section 34-8.1,
of persons to |
fill any vacant, additional or newly created
positions for |
teachers at the attendance center or at attendance centers
|
which include the attendance center served by the local school |
council.
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10. To request of the Board the manner in which training |
and
assistance shall be provided to the local school council. |
Pursuant to Board
guidelines a local school council is |
authorized to direct
the Board of Education to contract with |
personnel or not-for-profit
organizations not associated with |
the school district to train or assist
council members. If |
training or assistance is provided by contract with
personnel |
or organizations not associated with the school district, the
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period of training or assistance shall not exceed 30 hours |
during a given
school year; person shall not be employed on a |
continuous basis longer than
said period and shall not have |
been employed by the Chicago Board of
Education within the |
preceding six months. Council members shall receive
training |
in at least the following areas:
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1. school budgets;
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2. educational theory pertinent to the attendance |
center's particular
needs, including the development of |
the school improvement plan and the
principal's |
performance contract; and
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3. personnel selection.
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Council members shall, to the greatest extent possible, |
complete such
training within 90 days of election.
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11. In accordance with systemwide guidelines contained in |
the
System-Wide Educational Reform Goals and Objectives Plan, |
criteria for
evaluation of performance shall be established |
for local school councils
and local school council members. If |
a local school council persists in
noncompliance with |
systemwide requirements, the Board may impose sanctions
and |
take necessary corrective action, consistent with Section |
34-8.3.
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12. Each local school council shall comply with the Open |
Meetings Act and
the Freedom of Information Act. Each local |
school council shall issue and
transmit to its school |
community a detailed annual report accounting for
its |
activities programmatically and financially. Each local school |
council
shall convene at least 2 well-publicized meetings |
annually with its entire
school community. These meetings |
shall include presentation of the
proposed local school |
improvement plan, of the proposed school expenditure
plan, and |
the annual report, and shall provide an opportunity for public
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comment.
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13. Each local school council is encouraged to involve |
additional
non-voting members of the school community in |
facilitating the council's
exercise of its responsibilities.
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14. The local school council may adopt a school
uniform or |
dress
code policy that governs the attendance center and that |
is
necessary to maintain the orderly process of a school |
function or prevent
endangerment of student health or safety, |
consistent with the policies and
rules of the Board of |
Education.
A school uniform or dress code policy adopted
by a |
local school council: (i) shall not be applied in such manner |
as to
discipline or deny attendance to a transfer student or |
any other student for
noncompliance with that
policy during |
such period of time as is reasonably necessary to enable the
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student to acquire a school uniform or otherwise comply with |
the dress code
policy that is in effect at the attendance |
center into which the student's
enrollment is transferred; |
(ii) shall include criteria and procedures under
which the |
local school council will accommodate the needs of or |
otherwise
provide
appropriate resources to assist a student |
from an indigent family in complying
with an applicable school |
uniform or dress code policy; and (iii) shall not include or |
apply to hairstyles, including hairstyles historically |
associated with race, ethnicity, or hair texture, including, |
but not limited to, protective hairstyles such as braids, |
locks, and twists ; and (iv) shall not prohibit the right of a |
|
student to wear or
accessorize the student's graduation attire |
with items associated with the student's cultural, ethnic, or |
religious identity or any other protected characteristic or |
category identified in subsection (Q) of Section 1-103 of the |
Illinois Human Rights Act.
A student whose parents or legal |
guardians object on religious grounds to the
student's |
compliance with an applicable school uniform or dress code |
policy
shall not be required to comply with that policy if the |
student's parents or
legal guardians present to the local |
school council a signed statement of
objection detailing the |
grounds for the objection. If a local school council does not |
comply with the requirements and prohibitions set forth in |
this paragraph 14, the attendance center is subject to the |
penalty imposed pursuant to subsection (a) of Section 2-3.25.
|
15. All decisions made and actions taken by the local |
school council in
the exercise of its powers and duties shall |
comply with State and federal
laws, all applicable collective |
bargaining agreements, court orders and
rules properly |
promulgated by the Board.
|
15a. To grant, in accordance with board rules and |
policies,
the use of assembly halls and classrooms when not |
otherwise needed,
including lighting, heat, and attendants, |
for public lectures, concerts, and
other educational and |
social activities.
|
15b. To approve, in accordance with board rules and |
policies, receipts and
expenditures for all internal accounts |