Illinois General Assembly - Full Text of SB0817
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Full Text of SB0817  102nd General Assembly

SB0817enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB0817 EnrolledLRB102 04605 CMG 14624 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 1. This Act may be referred to as the Jett Hawkins
5Law.
 
6    Section 5. The School Code is amended by changing Sections
72-3.25o, 10-22.25b, 27A-5, and 34-2.3 as follows:
 
8    (105 ILCS 5/2-3.25o)
9    Sec. 2-3.25o. Registration and recognition of non-public
10elementary and secondary schools.
11    (a) Findings. The General Assembly finds and declares (i)
12that the Constitution of the State of Illinois provides that a
13"fundamental goal of the People of the State is the
14educational development of all persons to the limits of their
15capacities" and (ii) that the educational development of every
16school student serves the public purposes of the State. In
17order to ensure that all Illinois students and teachers have
18the opportunity to enroll and work in State-approved
19educational institutions and programs, the State Board of
20Education shall provide for the voluntary registration and
21recognition of non-public elementary and secondary schools.
22    (b) Registration. All non-public elementary and secondary

 

 

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1schools in the State of Illinois may voluntarily register with
2the State Board of Education on an annual basis. Registration
3shall be completed in conformance with procedures prescribed
4by the State Board of Education. Information required for
5registration shall include assurances of compliance (i) with
6federal and State laws regarding health examination and
7immunization, attendance, length of term, and
8nondiscrimination, including assurances that the school will
9not prohibit hairstyles historically associated with race,
10ethnicity, or hair texture, including, but not limited to,
11protective hairstyles such as braids, locks, and twists, and
12(ii) with applicable fire and health safety requirements.
13    (c) Recognition. All non-public elementary and secondary
14schools in the State of Illinois may voluntarily seek the
15status of "Non-public School Recognition" from the State Board
16of Education. This status may be obtained by compliance with
17administrative guidelines and review procedures as prescribed
18by the State Board of Education. The guidelines and procedures
19must recognize that some of the aims and the financial bases of
20non-public schools are different from public schools and will
21not be identical to those for public schools, nor will they be
22more burdensome. The guidelines and procedures must also
23recognize the diversity of non-public schools and shall not
24impinge upon the noneducational relationships between those
25schools and their clientele.
26    (c-5) Prohibition against recognition. A non-public

 

 

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1elementary or secondary school may not obtain "Non-public
2School Recognition" status unless the school requires all
3certified and non-certified applicants for employment with the
4school, after July 1, 2007, to authorize a fingerprint-based
5criminal history records check as a condition of employment to
6determine if such applicants have been convicted of any of the
7enumerated criminal or drug offenses set forth in Section
821B-80 of this Code or have been convicted, within 7 years of
9the application for employment, of any other felony under the
10laws of this State or of any offense committed or attempted in
11any other state or against the laws of the United States that,
12if committed or attempted in this State, would have been
13punishable as a felony under the laws of this State.
14    Authorization for the check shall be furnished by the
15applicant to the school, except that if the applicant is a
16substitute teacher seeking employment in more than one
17non-public school, a teacher seeking concurrent part-time
18employment positions with more than one non-public school (as
19a reading specialist, special education teacher, or
20otherwise), or an educational support personnel employee
21seeking employment positions with more than one non-public
22school, then only one of the non-public schools employing the
23individual shall request the authorization. Upon receipt of
24this authorization, the non-public school shall submit the
25applicant's name, sex, race, date of birth, social security
26number, fingerprint images, and other identifiers, as

 

 

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1prescribed by the Department of State Police, to the
2Department of State Police.
3    The Department of State Police and Federal Bureau of
4Investigation shall furnish, pursuant to a fingerprint-based
5criminal history records check, records of convictions,
6forever and hereafter, until expunged, to the president or
7principal of the non-public school that requested the check.
8The Department of State Police shall charge that school a fee
9for conducting such check, which fee must be deposited into
10the State Police Services Fund and must not exceed the cost of
11the inquiry. Subject to appropriations for these purposes, the
12State Superintendent of Education shall reimburse non-public
13schools for fees paid to obtain criminal history records
14checks under this Section.
15    A non-public school may not obtain recognition status
16unless the school also performs a check of the Statewide Sex
17Offender Database, as authorized by the Sex Offender Community
18Notification Law, for each applicant for employment, after
19July 1, 2007, to determine whether the applicant has been
20adjudicated a sex offender.
21    Any information concerning the record of convictions
22obtained by a non-public school's president or principal under
23this Section is confidential and may be disseminated only to
24the governing body of the non-public school or any other
25person necessary to the decision of hiring the applicant for
26employment. A copy of the record of convictions obtained from

 

 

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1the Department of State Police shall be provided to the
2applicant for employment. Upon a check of the Statewide Sex
3Offender Database, the non-public school shall notify the
4applicant as to whether or not the applicant has been
5identified in the Sex Offender Database as a sex offender. Any
6information concerning the records of conviction obtained by
7the non-public school's president or principal under this
8Section for a substitute teacher seeking employment in more
9than one non-public school, a teacher seeking concurrent
10part-time employment positions with more than one non-public
11school (as a reading specialist, special education teacher, or
12otherwise), or an educational support personnel employee
13seeking employment positions with more than one non-public
14school may be shared with another non-public school's
15principal or president to which the applicant seeks
16employment. Any unauthorized release of confidential
17information may be a violation of Section 7 of the Criminal
18Identification Act.
19    No non-public school may obtain recognition status that
20knowingly employs a person, hired after July 1, 2007, for whom
21a Department of State Police and Federal Bureau of
22Investigation fingerprint-based criminal history records check
23and a Statewide Sex Offender Database check has not been
24initiated or who has been convicted of any offense enumerated
25in Section 21B-80 of this Code or any offense committed or
26attempted in any other state or against the laws of the United

 

 

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1States that, if committed or attempted in this State, would
2have been punishable as one or more of those offenses. No
3non-public school may obtain recognition status under this
4Section that knowingly employs a person who has been found to
5be the perpetrator of sexual or physical abuse of a minor under
618 years of age pursuant to proceedings under Article II of the
7Juvenile Court Act of 1987.
8    In order to obtain recognition status under this Section,
9a non-public school must require compliance with the
10provisions of this subsection (c-5) from all employees of
11persons or firms holding contracts with the school, including,
12but not limited to, food service workers, school bus drivers,
13and other transportation employees, who have direct, daily
14contact with pupils. Any information concerning the records of
15conviction or identification as a sex offender of any such
16employee obtained by the non-public school principal or
17president must be promptly reported to the school's governing
18body.
19    Prior to the commencement of any student teaching
20experience or required internship (which is referred to as
21student teaching in this Section) in any non-public elementary
22or secondary school that has obtained or seeks to obtain
23recognition status under this Section, a student teacher is
24required to authorize a fingerprint-based criminal history
25records check. Authorization for and payment of the costs of
26the check must be furnished by the student teacher to the chief

 

 

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1administrative officer of the non-public school where the
2student teaching is to be completed. Upon receipt of this
3authorization and payment, the chief administrative officer of
4the non-public school shall submit the student teacher's name,
5sex, race, date of birth, social security number, fingerprint
6images, and other identifiers, as prescribed by the Department
7of State Police, to the Department of State Police. The
8Department of State Police and the Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions,
11forever and hereinafter, until expunged, to the chief
12administrative officer of the non-public school that requested
13the check. The Department of State Police shall charge the
14school a fee for conducting the check, which fee must be passed
15on to the student teacher, must not exceed the cost of the
16inquiry, and must be deposited into the State Police Services
17Fund. The school shall further perform a check of the
18Statewide Sex Offender Database, as authorized by the Sex
19Offender Community Notification Law, and of the Statewide
20Murderer and Violent Offender Against Youth Database, as
21authorized by the Murderer and Violent Offender Against Youth
22Registration Act, for each student teacher. No school that has
23obtained or seeks to obtain recognition status under this
24Section may knowingly allow a person to student teach for whom
25a criminal history records check, a Statewide Sex Offender
26Database check, and a Statewide Murderer and Violent Offender

 

 

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1Against Youth Database check have not been completed and
2reviewed by the chief administrative officer of the non-public
3school.
4    A copy of the record of convictions obtained from the
5Department of State Police must be provided to the student
6teacher. Any information concerning the record of convictions
7obtained by the chief administrative officer of the non-public
8school is confidential and may be transmitted only to the
9chief administrative officer of the non-public school or his
10or her designee, the State Superintendent of Education, the
11State Educator Preparation and Licensure Board, or, for
12clarification purposes, the Department of State Police or the
13Statewide Sex Offender Database or Statewide Murderer and
14Violent Offender Against Youth Database. Any unauthorized
15release of confidential information may be a violation of
16Section 7 of the Criminal Identification Act.
17    No school that has obtained or seeks to obtain recognition
18status under this Section may knowingly allow a person to
19student teach who has been convicted of any offense that would
20subject him or her to license suspension or revocation
21pursuant to Section 21B-80 of this Code or who has been found
22to be the perpetrator of sexual or physical abuse of a minor
23under 18 years of age pursuant to proceedings under Article II
24of the Juvenile Court Act of 1987.
25    Any school that has obtained or seeks to obtain
26recognition status under this Section may not prohibit

 

 

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1hairstyles historically associated with race, ethnicity, or
2hair texture, including, but not limited to, protective
3hairstyles such as braids, locks, and twists.
4    (d) Public purposes. The provisions of this Section are in
5the public interest, for the public benefit, and serve secular
6public purposes.
7    (e) Definition. For purposes of this Section, a non-public
8school means any non-profit, non-home-based, and non-public
9elementary or secondary school that is in compliance with
10Title VI of the Civil Rights Act of 1964 and attendance at
11which satisfies the requirements of Section 26-1 of this Code.
12(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
13    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
14    Sec. 10-22.25b. School uniforms. The school board may
15adopt a school uniform or dress code policy that governs all or
16certain individual attendance centers and that is necessary to
17maintain the orderly process of a school function or prevent
18endangerment of student health or safety. A school uniform or
19dress code policy adopted by a school board: (i) shall not be
20applied in such manner as to discipline or deny attendance to a
21transfer student or any other student for noncompliance with
22that policy during such period of time as is reasonably
23necessary to enable the student to acquire a school uniform or
24otherwise comply with the dress code policy that is in effect
25at the attendance center or in the district into which the

 

 

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1student's enrollment is transferred; and (ii) shall include
2criteria and procedures under which the school board will
3accommodate the needs of or otherwise provide appropriate
4resources to assist a student from an indigent family in
5complying with an applicable school uniform or dress code
6policy; and (iii) shall not include or apply to hairstyles,
7including hairstyles historically associated with race,
8ethnicity, or hair texture, including, but not limited to,
9protective hairstyles such as braids, locks, and twists. A
10student whose parents or legal guardians object on religious
11grounds to the student's compliance with an applicable school
12uniform or dress code policy shall not be required to comply
13with that policy if the student's parents or legal guardians
14present to the school board a signed statement of objection
15detailing the grounds for the objection. This Section applies
16to school boards of all districts, including special charter
17districts and districts organized under Article 34. If a
18school board does not comply with the requirements and
19prohibitions set forth in this Section, the school district is
20subject to the penalty imposed pursuant to subsection (a) of
21Section 2-3.25.
22    By no later than July 1, 2022, the State Board of Education
23shall make available to schools resource materials developed
24in consultation with stakeholders regarding hairstyles,
25including hairstyles historically associated with race,
26ethnicity, or hair texture, including, but not limited to,

 

 

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1protective hairstyles such as braids, locks, and twists. The
2State Board of Education shall make the resource materials
3available on its Internet website.
4(Source: P.A. 89-610, eff. 8-6-96.)
 
5    (105 ILCS 5/27A-5)
6    Sec. 27A-5. Charter school; legal entity; requirements.
7    (a) A charter school shall be a public, nonsectarian,
8nonreligious, non-home based, and non-profit school. A charter
9school shall be organized and operated as a nonprofit
10corporation or other discrete, legal, nonprofit entity
11authorized under the laws of the State of Illinois.
12    (b) A charter school may be established under this Article
13by creating a new school or by converting an existing public
14school or attendance center to charter school status.
15Beginning on April 16, 2003 (the effective date of Public Act
1693-3), in all new applications to establish a charter school
17in a city having a population exceeding 500,000, operation of
18the charter school shall be limited to one campus. The changes
19made to this Section by Public Act 93-3 do not apply to charter
20schools existing or approved on or before April 16, 2003 (the
21effective date of Public Act 93-3).
22    (b-5) In this subsection (b-5), "virtual-schooling" means
23a cyber school where students engage in online curriculum and
24instruction via the Internet and electronic communication with
25their teachers at remote locations and with students

 

 

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1participating at different times.
2    From April 1, 2013 through December 31, 2016, there is a
3moratorium on the establishment of charter schools with
4virtual-schooling components in school districts other than a
5school district organized under Article 34 of this Code. This
6moratorium does not apply to a charter school with
7virtual-schooling components existing or approved prior to
8April 1, 2013 or to the renewal of the charter of a charter
9school with virtual-schooling components already approved
10prior to April 1, 2013.
11    (c) A charter school shall be administered and governed by
12its board of directors or other governing body in the manner
13provided in its charter. The governing body of a charter
14school shall be subject to the Freedom of Information Act and
15the Open Meetings Act. No later than January 1, 2021 (one year
16after the effective date of Public Act 101-291), a charter
17school's board of directors or other governing body must
18include at least one parent or guardian of a pupil currently
19enrolled in the charter school who may be selected through the
20charter school or a charter network election, appointment by
21the charter school's board of directors or other governing
22body, or by the charter school's Parent Teacher Organization
23or its equivalent.
24    (c-5) No later than January 1, 2021 (one year after the
25effective date of Public Act 101-291) or within the first year
26of his or her first term, every voting member of a charter

 

 

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1school's board of directors or other governing body shall
2complete a minimum of 4 hours of professional development
3leadership training to ensure that each member has sufficient
4familiarity with the board's or governing body's role and
5responsibilities, including financial oversight and
6accountability of the school, evaluating the principal's and
7school's performance, adherence to the Freedom of Information
8Act and the Open Meetings Act, and compliance with education
9and labor law. In each subsequent year of his or her term, a
10voting member of a charter school's board of directors or
11other governing body shall complete a minimum of 2 hours of
12professional development training in these same areas. The
13training under this subsection may be provided or certified by
14a statewide charter school membership association or may be
15provided or certified by other qualified providers approved by
16the State Board of Education.
17    (d) For purposes of this subsection (d), "non-curricular
18health and safety requirement" means any health and safety
19requirement created by statute or rule to provide, maintain,
20preserve, or safeguard safe or healthful conditions for
21students and school personnel or to eliminate, reduce, or
22prevent threats to the health and safety of students and
23school personnel. "Non-curricular health and safety
24requirement" does not include any course of study or
25specialized instructional requirement for which the State
26Board has established goals and learning standards or which is

 

 

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1designed primarily to impart knowledge and skills for students
2to master and apply as an outcome of their education.
3    A charter school shall comply with all non-curricular
4health and safety requirements applicable to public schools
5under the laws of the State of Illinois. On or before September
61, 2015, the State Board shall promulgate and post on its
7Internet website a list of non-curricular health and safety
8requirements that a charter school must meet. The list shall
9be updated annually no later than September 1. Any charter
10contract between a charter school and its authorizer must
11contain a provision that requires the charter school to follow
12the list of all non-curricular health and safety requirements
13promulgated by the State Board and any non-curricular health
14and safety requirements added by the State Board to such list
15during the term of the charter. Nothing in this subsection (d)
16precludes an authorizer from including non-curricular health
17and safety requirements in a charter school contract that are
18not contained in the list promulgated by the State Board,
19including non-curricular health and safety requirements of the
20authorizing local school board.
21    (e) Except as otherwise provided in the School Code, a
22charter school shall not charge tuition; provided that a
23charter school may charge reasonable fees for textbooks,
24instructional materials, and student activities.
25    (f) A charter school shall be responsible for the
26management and operation of its fiscal affairs including, but

 

 

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1not limited to, the preparation of its budget. An audit of each
2charter school's finances shall be conducted annually by an
3outside, independent contractor retained by the charter
4school. To ensure financial accountability for the use of
5public funds, on or before December 1 of every year of
6operation, each charter school shall submit to its authorizer
7and the State Board a copy of its audit and a copy of the Form
8990 the charter school filed that year with the federal
9Internal Revenue Service. In addition, if deemed necessary for
10proper financial oversight of the charter school, an
11authorizer may require quarterly financial statements from
12each charter school.
13    (g) A charter school shall comply with all provisions of
14this Article, the Illinois Educational Labor Relations Act,
15all federal and State laws and rules applicable to public
16schools that pertain to special education and the instruction
17of English learners, and its charter. A charter school is
18exempt from all other State laws and regulations in this Code
19governing public schools and local school board policies;
20however, a charter school is not exempt from the following:
21        (1) Sections 10-21.9 and 34-18.5 of this Code
22    regarding criminal history records checks and checks of
23    the Statewide Sex Offender Database and Statewide Murderer
24    and Violent Offender Against Youth Database of applicants
25    for employment;
26        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

 

 

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1    34-84a of this Code regarding discipline of students;
2        (3) the Local Governmental and Governmental Employees
3    Tort Immunity Act;
4        (4) Section 108.75 of the General Not For Profit
5    Corporation Act of 1986 regarding indemnification of
6    officers, directors, employees, and agents;
7        (5) the Abused and Neglected Child Reporting Act;
8        (5.5) subsection (b) of Section 10-23.12 and
9    subsection (b) of Section 34-18.6 of this Code;
10        (6) the Illinois School Student Records Act;
11        (7) Section 10-17a of this Code regarding school
12    report cards;
13        (8) the P-20 Longitudinal Education Data System Act;
14        (9) Section 27-23.7 of this Code regarding bullying
15    prevention;
16        (10) Section 2-3.162 of this Code regarding student
17    discipline reporting;
18        (11) Sections 22-80 and 27-8.1 of this Code;
19        (12) Sections 10-20.60 and 34-18.53 of this Code;
20        (13) Sections 10-20.63 and 34-18.56 of this Code;
21        (14) Section 26-18 of this Code;
22        (15) Section 22-30 of this Code;
23        (16) Sections 24-12 and 34-85 of this Code;
24        (17) the Seizure Smart School Act; and
25        (18) Section 2-3.64a-10 of this Code; and .
26        (19) Section 10-22.25b of this Code.

 

 

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1    The change made by Public Act 96-104 to this subsection
2(g) is declaratory of existing law.
3    (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required
12to perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after
14April 16, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection
20(i) of this Section, a school district may charge a charter
21school reasonable rent for the use of the district's
22buildings, grounds, and facilities. Any services for which a
23charter school contracts with a school district shall be
24provided by the district at cost. Any services for which a
25charter school contracts with a local school board or with the
26governing body of a State college or university or public

 

 

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1community college shall be provided by the public entity at
2cost.
3    (i) In no event shall a charter school that is established
4by converting an existing school or attendance center to
5charter school status be required to pay rent for space that is
6deemed available, as negotiated and provided in the charter
7agreement, in school district facilities. However, all other
8costs for the operation and maintenance of school district
9facilities that are used by the charter school shall be
10subject to negotiation between the charter school and the
11local school board and shall be set forth in the charter.
12    (j) A charter school may limit student enrollment by age
13or grade level.
14    (k) If the charter school is approved by the State Board or
15Commission, then the charter school is its own local education
16agency.
17(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
18100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
196-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
20eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
21101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
223-8-21.)
 
23    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
24    Sec. 34-2.3. Local school councils - Powers and duties.
25Each local school council shall have and exercise, consistent

 

 

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1with the provisions of this Article and the powers and duties
2of the board of education, the following powers and duties:
3    1. (A) To annually evaluate the performance of the
4principal of the attendance center using a Board approved
5principal evaluation form, which shall include the evaluation
6of (i) student academic improvement, as defined by the school
7improvement plan, (ii) student absenteeism rates at the
8school, (iii) instructional leadership, (iv) the effective
9implementation of programs, policies, or strategies to improve
10student academic achievement, (v) school management, and (vi)
11any other factors deemed relevant by the local school council,
12including, without limitation, the principal's communication
13skills and ability to create and maintain a student-centered
14learning environment, to develop opportunities for
15professional development, and to encourage parental
16involvement and community partnerships to achieve school
17improvement;
18    (B) to determine in the manner provided by subsection (c)
19of Section 34-2.2 and subdivision 1.5 of this Section whether
20the performance contract of the principal shall be renewed;
21and
22    (C) to directly select, in the manner provided by
23subsection (c) of Section 34-2.2, a new principal (including a
24new principal to fill a vacancy) -- without submitting any
25list of candidates for that position to the general
26superintendent as provided in paragraph 2 of this Section --

 

 

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1to serve under a 4 year performance contract; provided that
2(i) the determination of whether the principal's performance
3contract is to be renewed, based upon the evaluation required
4by subdivision 1.5 of this Section, shall be made no later than
5150 days prior to the expiration of the current
6performance-based contract of the principal, (ii) in cases
7where such performance contract is not renewed -- a direct
8selection of a new principal -- to serve under a 4 year
9performance contract shall be made by the local school council
10no later than 45 days prior to the expiration of the current
11performance contract of the principal, and (iii) a selection
12by the local school council of a new principal to fill a
13vacancy under a 4 year performance contract shall be made
14within 90 days after the date such vacancy occurs. A Council
15shall be required, if requested by the principal, to provide
16in writing the reasons for the council's not renewing the
17principal's contract.
18    1.5. The local school council's determination of whether
19to renew the principal's contract shall be based on an
20evaluation to assess the educational and administrative
21progress made at the school during the principal's current
22performance-based contract. The local school council shall
23base its evaluation on (i) student academic improvement, as
24defined by the school improvement plan, (ii) student
25absenteeism rates at the school, (iii) instructional
26leadership, (iv) the effective implementation of programs,

 

 

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

 

 

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

 

 

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1the arbitration, a hearing officer shall be chosen between
2those 2 parties pursuant to procedures promulgated by the
3State Board of Education, and the principal may retain counsel
4and participate in the arbitration. If the local school
5council does not retain the principal and the principal
6requests a review of the retention decision, the local school
7council and the principal shall be considered parties to the
8arbitration and a hearing officer shall be chosen between
9those 2 parties pursuant to procedures promulgated by the
10State Board of Education. The hearing shall begin (i) within
1145 days after the initial request for review is submitted by
12the principal to the general superintendent or (ii) if the
13initial request for review is made by the general
14superintendent, within 45 days after that request is mailed to
15the American Arbitration Association. The hearing officer
16shall render a decision within 45 days after the hearing
17begins and within 90 days after the initial request for
18review. The Board shall contract with the American Arbitration
19Association for all of the hearing officer's reasonable and
20necessary costs. In addition, the Board shall pay any
21reasonable costs incurred by a local school council for
22representation before a hearing officer.
23    1.10. The hearing officer shall conduct a hearing, which
24shall include (i) a review of the principal's performance,
25evaluations, and other evidence of the principal's service at
26the school, (ii) reasons provided by the local school council

 

 

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

 

 

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

 

 

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1exchanged under Article 21 and endorsed as required by that
2Article for the position of principal. A principal whose
3performance contract is not renewed as provided under
4subsection (c) of Section 34-2.2 may nevertheless, if
5otherwise qualified and certified as herein provided and if he
6or she has received a satisfactory rating as provided in
7subsection (h) of Section 34-8.3, be included by a local
8school council as one of the 3 candidates listed in order of
9preference on any candidate list from which one person is to be
10selected to serve as principal of the attendance center under
11a new performance contract. The initial candidate list
12required to be submitted by a local school council to the
13general superintendent in cases where the local school council
14does not renew the performance contract of its principal and
15does not directly select a new principal to serve under a 4
16year performance contract shall be submitted not later than 30
17days prior to the expiration of the current performance
18contract. In cases where the local school council fails or
19refuses to submit the candidate list to the general
20superintendent no later than 30 days prior to the expiration
21of the incumbent principal's contract, the general
22superintendent may appoint a principal on an interim basis for
23a period not to exceed one year, during which time the local
24school council shall be able to select a new principal with 7
25affirmative votes as provided in subsection (c) of Section
2634-2.2. In cases where a principal is removed for cause or a

 

 

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

 

 

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1principal with respect to all funds allocated and distributed
2to the attendance center by the Board. The expenditure plan
3shall be administered by the principal. Notwithstanding any
4other provision of this Act or any other law, any expenditure
5plan approved and administered under this Section 34-2.3 shall
6be consistent with and subject to the terms of any contract for
7services with a third party entered into by the Chicago School
8Reform Board of Trustees or the board under this Act.
9    Via a supermajority vote of 7 members of the local school
10council or 8 members of a high school local school council, the
11Council may transfer allocations pursuant to Section 34-2.3
12within funds; provided that such a transfer is consistent with
13applicable law and collective bargaining agreements.
14    Beginning in fiscal year 1991 and in each fiscal year
15thereafter, the Board may reserve up to 1% of its total fiscal
16year budget for distribution on a prioritized basis to schools
17throughout the school system in order to assure adequate
18programs to meet the needs of special student populations as
19determined by the Board. This distribution shall take into
20account the needs catalogued in the Systemwide Plan and the
21various local school improvement plans of the local school
22councils. Information about these centrally funded programs
23shall be distributed to the local school councils so that
24their subsequent planning and programming will account for
25these provisions.
26    Beginning in fiscal year 1991 and in each fiscal year

 

 

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1thereafter, from other amounts available in the applicable
2fiscal year budget, the board shall allocate a lump sum amount
3to each local school based upon such formula as the board shall
4determine taking into account the special needs of the student
5body. The local school principal shall develop an expenditure
6plan in consultation with the local school council, the
7professional personnel leadership committee and with all other
8school personnel, which reflects the priorities and activities
9as described in the school's local school improvement plan and
10is consistent with applicable law and collective bargaining
11agreements and with board policies and standards; however, the
12local school council shall have the right to request waivers
13of board policy from the board of education and waivers of
14employee collective bargaining agreements pursuant to Section
1534-8.1a.
16    The expenditure plan developed by the principal with
17respect to amounts available from the fund for prioritized
18special needs programs and the allocated lump sum amount must
19be approved by the local school council.
20    The lump sum allocation shall take into account the
21following principles:
22        a. Teachers: Each school shall be allocated funds
23    equal to the amount appropriated in the previous school
24    year for compensation for teachers (regular grades
25    kindergarten through 12th grade) plus whatever increases
26    in compensation have been negotiated contractually or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1in at least the following areas:
2        1. school budgets;
3        2. educational theory pertinent to the attendance
4    center's particular needs, including the development of
5    the school improvement plan and the principal's
6    performance contract; and
7        3. personnel selection.
8Council members shall, to the greatest extent possible,
9complete such training within 90 days of election.
10    11. In accordance with systemwide guidelines contained in
11the System-Wide Educational Reform Goals and Objectives Plan,
12criteria for evaluation of performance shall be established
13for local school councils and local school council members. If
14a local school council persists in noncompliance with
15systemwide requirements, the Board may impose sanctions and
16take necessary corrective action, consistent with Section
1734-8.3.
18    12. Each local school council shall comply with the Open
19Meetings Act and the Freedom of Information Act. Each local
20school council shall issue and transmit to its school
21community a detailed annual report accounting for its
22activities programmatically and financially. Each local school
23council shall convene at least 2 well-publicized meetings
24annually with its entire school community. These meetings
25shall include presentation of the proposed local school
26improvement plan, of the proposed school expenditure plan, and

 

 

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

 

 

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

 

 

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1    17. Names and addresses of local school council members
2shall be a matter of public record.
3(Source: P.A. 100-465, eff. 8-31-17.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2022.