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

SB0817sam001 102ND GENERAL ASSEMBLY

Sen. Mike Simmons

Filed: 4/22/2021

 

 


 

 


 
10200SB0817sam001LRB102 04605 CMG 25747 a

1
AMENDMENT TO SENATE BILL 817

2    AMENDMENT NO. ______. Amend Senate Bill 817 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-22.25b and 34-2.3 as follows:
 
6    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
7    Sec. 10-22.25b. School uniforms. The school board may
8adopt a school uniform or dress code policy that governs all or
9certain individual attendance centers and that is necessary to
10maintain the orderly process of a school function or prevent
11endangerment of student health or safety. A school uniform or
12dress code policy adopted by a school board: (i) shall not be
13applied in such manner as to discipline or deny attendance to a
14transfer student or any other student for noncompliance with
15that policy during such period of time as is reasonably
16necessary to enable the student to acquire a school uniform or

 

 

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1otherwise comply with the dress code policy that is in effect
2at the attendance center or in the district into which the
3student's enrollment is transferred; and (ii) shall include
4criteria and procedures under which the school board will
5accommodate the needs of or otherwise provide appropriate
6resources to assist a student from an indigent family in
7complying with an applicable school uniform or dress code
8policy; and (iii) shall not include or apply to hairstyles,
9including hairstyles historically associated with race,
10ethnicity, or hair texture, including, but not limited to,
11protective hairstyles such as braids, locks, and twists. A
12student whose parents or legal guardians object on religious
13grounds to the student's compliance with an applicable school
14uniform or dress code policy shall not be required to comply
15with that policy if the student's parents or legal guardians
16present to the school board a signed statement of objection
17detailing the grounds for the objection.
18    If the State Board of Education determines that a school
19board has violated clause (iii) of this Section, the State
20Board shall withhold from the school district the amount, if
21any, of State funding under Section 18-8.15 that exceeds the
22amount of State funding the school district received under
23Section 18-8.15 for the previous school year. To determine the
24excess amount of State funding to withhold, the State Board
25shall calculate the amount of State funding under Section
2618-8.15 that the school district would otherwise receive under

 

 

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1Section 18-8.15 and subtract that amount from the amount the
2school district received under Section 18-8.15 for the
3previous school year. This excess amount shall be set aside in
4a separate fund administered by the State Board. The State
5Board shall disburse the withheld funding to the school
6district once the school district is in compliance with clause
7(iii) of this Section.
8    The State Board shall publish on its Internet website a
9list of all school districts that are in violation of clause
10(iii) of this Section. The State Board shall remove a school
11district from the list once the school district is no longer in
12violation of clause (iii) of this Section.
13    This Section applies to school boards of all districts,
14including special charter districts and districts organized
15under Article 34.
16(Source: P.A. 89-610, eff. 8-6-96.)
 
17    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
18    Sec. 34-2.3. Local school councils - Powers and duties.
19Each local school council shall have and exercise, consistent
20with the provisions of this Article and the powers and duties
21of the board of education, the following powers and duties:
22    1. (A) To annually evaluate the performance of the
23principal of the attendance center using a Board approved
24principal evaluation form, which shall include the evaluation
25of (i) student academic improvement, as defined by the school

 

 

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1improvement plan, (ii) student absenteeism rates at the
2school, (iii) instructional leadership, (iv) the effective
3implementation of programs, policies, or strategies to improve
4student academic achievement, (v) school management, and (vi)
5any other factors deemed relevant by the local school council,
6including, without limitation, the principal's communication
7skills and ability to create and maintain a student-centered
8learning environment, to develop opportunities for
9professional development, and to encourage parental
10involvement and community partnerships to achieve school
11improvement;
12    (B) to determine in the manner provided by subsection (c)
13of Section 34-2.2 and subdivision 1.5 of this Section whether
14the performance contract of the principal shall be renewed;
15and
16    (C) to directly select, in the manner provided by
17subsection (c) of Section 34-2.2, a new principal (including a
18new principal to fill a vacancy) -- without submitting any
19list of candidates for that position to the general
20superintendent as provided in paragraph 2 of this Section --
21to serve under a 4 year performance contract; provided that
22(i) the determination of whether the principal's performance
23contract is to be renewed, based upon the evaluation required
24by subdivision 1.5 of this Section, shall be made no later than
25150 days prior to the expiration of the current
26performance-based contract of the principal, (ii) in cases

 

 

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1where such performance contract is not renewed -- a direct
2selection of a new principal -- to serve under a 4 year
3performance contract shall be made by the local school council
4no later than 45 days prior to the expiration of the current
5performance contract of the principal, and (iii) a selection
6by the local school council of a new principal to fill a
7vacancy under a 4 year performance contract shall be made
8within 90 days after the date such vacancy occurs. A Council
9shall be required, if requested by the principal, to provide
10in writing the reasons for the council's not renewing the
11principal's contract.
12    1.5. The local school council's determination of whether
13to renew the principal's contract shall be based on an
14evaluation to assess the educational and administrative
15progress made at the school during the principal's current
16performance-based contract. The local school council shall
17base its evaluation on (i) student academic improvement, as
18defined by the school improvement plan, (ii) student
19absenteeism rates at the school, (iii) instructional
20leadership, (iv) the effective implementation of programs,
21policies, or strategies to improve student academic
22achievement, (v) school management, and (vi) any other factors
23deemed relevant by the local school council, including,
24without limitation, the principal's communication skills and
25ability to create and maintain a student-centered learning
26environment, to develop opportunities for professional

 

 

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

 

 

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1council's decision to renew the contract, may request a review
2of the local school council's principal retention decision by
3a hearing officer appointed by the American Arbitration
4Association. The general superintendent may request a review
5only once for that principal at that attendance center. All
6requests to review the retention or non-retention of a
7principal shall be submitted to the general superintendent,
8who shall, in turn, forward such requests, within 14 days of
9receipt, to the American Arbitration Association. The general
10superintendent shall send a contemporaneous copy of the
11request that was forwarded to the American Arbitration
12Association to the principal and to each local school council
13member and shall inform the local school council of its rights
14and responsibilities under the arbitration process, including
15the local school council's right to representation and the
16manner and process by which the Board shall pay the costs of
17the council's representation. If the local school council
18retains the principal and the general superintendent requests
19a review of the retention decision, the local school council
20and the general superintendent shall be considered parties to
21the arbitration, a hearing officer shall be chosen between
22those 2 parties pursuant to procedures promulgated by the
23State Board of Education, and the principal may retain counsel
24and participate in the arbitration. If the local school
25council does not retain the principal and the principal
26requests a review of the retention decision, the local school

 

 

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1council and the principal shall be considered parties to the
2arbitration and a hearing officer shall be chosen between
3those 2 parties pursuant to procedures promulgated by the
4State Board of Education. The hearing shall begin (i) within
545 days after the initial request for review is submitted by
6the principal to the general superintendent or (ii) if the
7initial request for review is made by the general
8superintendent, within 45 days after that request is mailed to
9the American Arbitration Association. The hearing officer
10shall render a decision within 45 days after the hearing
11begins and within 90 days after the initial request for
12review. The Board shall contract with the American Arbitration
13Association for all of the hearing officer's reasonable and
14necessary costs. In addition, the Board shall pay any
15reasonable costs incurred by a local school council for
16representation before a hearing officer.
17    1.10. The hearing officer shall conduct a hearing, which
18shall include (i) a review of the principal's performance,
19evaluations, and other evidence of the principal's service at
20the school, (ii) reasons provided by the local school council
21for its decision, and (iii) documentation evidencing views of
22interested persons, including, without limitation, students,
23parents, local school council members, school faculty and
24staff, the principal, the general superintendent or his or her
25designee, and members of the community. The burden of proof in
26establishing that the local school council's decision was

 

 

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1arbitrary and capricious shall be on the party requesting the
2arbitration, and this party shall sustain the burden by a
3preponderance of the evidence. The hearing officer shall set
4the local school council decision aside if that decision, in
5light of the record developed at the hearing, is arbitrary and
6capricious. The decision of the hearing officer may not be
7appealed to the Board or the State Board of Education. If the
8hearing officer decides that the principal shall be retained,
9the retention period shall not exceed 2 years.
10    2. In the event (i) the local school council does not renew
11the performance contract of the principal, or the principal
12fails to receive a satisfactory rating as provided in
13subsection (h) of Section 34-8.3, or the principal is removed
14for cause during the term of his or her performance contract in
15the manner provided by Section 34-85, or a vacancy in the
16position of principal otherwise occurs prior to the expiration
17of the term of a principal's performance contract, and (ii)
18the local school council fails to directly select a new
19principal to serve under a 4 year performance contract, the
20local school council in such event shall submit to the general
21superintendent a list of 3 candidates -- listed in the local
22school council's order of preference -- for the position of
23principal, one of which shall be selected by the general
24superintendent to serve as principal of the attendance center.
25If the general superintendent fails or refuses to select one
26of the candidates on the list to serve as principal within 30

 

 

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

 

 

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1subsection (h) of Section 34-8.3, be included by a local
2school council as one of the 3 candidates listed in order of
3preference on any candidate list from which one person is to be
4selected to serve as principal of the attendance center under
5a new performance contract. The initial candidate list
6required to be submitted by a local school council to the
7general superintendent in cases where the local school council
8does not renew the performance contract of its principal and
9does not directly select a new principal to serve under a 4
10year performance contract shall be submitted not later than 30
11days prior to the expiration of the current performance
12contract. In cases where the local school council fails or
13refuses to submit the candidate list to the general
14superintendent no later than 30 days prior to the expiration
15of the incumbent principal's contract, the general
16superintendent may appoint a principal on an interim basis for
17a period not to exceed one year, during which time the local
18school council shall be able to select a new principal with 7
19affirmative votes as provided in subsection (c) of Section
2034-2.2. In cases where a principal is removed for cause or a
21vacancy otherwise occurs in the position of principal and the
22vacancy is not filled by direct selection by the local school
23council, the candidate list shall be submitted by the local
24school council to the general superintendent within 90 days
25after the date such removal or vacancy occurs. In cases where
26the local school council fails or refuses to submit the

 

 

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1candidate list to the general superintendent within 90 days
2after the date of the vacancy, the general superintendent may
3appoint a principal on an interim basis for a period of one
4year, during which time the local school council shall be able
5to select a new principal with 7 affirmative votes as provided
6in subsection (c) of Section 34-2.2.
7    2.5. Whenever a vacancy in the office of a principal
8occurs for any reason, the vacancy shall be filled in the
9manner provided by this Section by the selection of a new
10principal to serve under a 4 year performance contract.
11    3. To establish additional criteria to be included as part
12of the performance contract of its principal, provided that
13such additional criteria shall not discriminate on the basis
14of race, sex, creed, color or disability unrelated to ability
15to perform, and shall not be inconsistent with the uniform 4
16year performance contract for principals developed by the
17board as provided in Section 34-8.1 of the School Code or with
18other provisions of this Article governing the authority and
19responsibility of principals.
20    4. To approve the expenditure plan prepared by the
21principal with respect to all funds allocated and distributed
22to the attendance center by the Board. The expenditure plan
23shall be administered by the principal. Notwithstanding any
24other provision of this Act or any other law, any expenditure
25plan approved and administered under this Section 34-2.3 shall
26be consistent with and subject to the terms of any contract for

 

 

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

 

 

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1professional personnel leadership committee and with all other
2school personnel, which reflects the priorities and activities
3as described in the school's local school improvement plan and
4is consistent with applicable law and collective bargaining
5agreements and with board policies and standards; however, the
6local school council shall have the right to request waivers
7of board policy from the board of education and waivers of
8employee collective bargaining agreements pursuant to Section
934-8.1a.
10    The expenditure plan developed by the principal with
11respect to amounts available from the fund for prioritized
12special needs programs and the allocated lump sum amount must
13be approved by the local school council.
14    The lump sum allocation shall take into account the
15following principles:
16        a. Teachers: Each school shall be allocated funds
17    equal to the amount appropriated in the previous school
18    year for compensation for teachers (regular grades
19    kindergarten through 12th grade) plus whatever increases
20    in compensation have been negotiated contractually or
21    through longevity as provided in the negotiated agreement.
22    Adjustments shall be made due to layoff or reduction in
23    force, lack of funds or work, change in subject
24    requirements, enrollment changes, or contracts with third
25    parties for the performance of services or to rectify any
26    inconsistencies with system-wide allocation formulas or

 

 

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

 

 

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

 

 

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1disciplinary policies for the attendance center, subject to
2the provisions of this Article and Article 26, and consistent
3with the uniform system of discipline established by the board
4pursuant to Section 34-19.
5    7. To approve a school improvement plan developed as
6provided in Section 34-2.4. The process and schedule for plan
7development shall be publicized to the entire school
8community, and the community shall be afforded the opportunity
9to make recommendations concerning the plan. At least twice a
10year the principal and local school council shall report
11publicly on progress and problems with respect to plan
12implementation.
13    8. To evaluate the allocation of teaching resources and
14other certificated and uncertificated staff to the attendance
15center to determine whether such allocation is consistent with
16and in furtherance of instructional objectives and school
17programs reflective of the school improvement plan adopted for
18the attendance center; and to make recommendations to the
19board, the general superintendent and the principal concerning
20any reallocation of teaching resources or other staff whenever
21the council determines that any such reallocation is
22appropriate because the qualifications of any existing staff
23at the attendance center do not adequately match or support
24instructional objectives or school programs which reflect the
25school improvement plan.
26    9. To make recommendations to the principal and the

 

 

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

 

 

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1        3. personnel selection.
2Council members shall, to the greatest extent possible,
3complete such training within 90 days of election.
4    11. In accordance with systemwide guidelines contained in
5the System-Wide Educational Reform Goals and Objectives Plan,
6criteria for evaluation of performance shall be established
7for local school councils and local school council members. If
8a local school council persists in noncompliance with
9systemwide requirements, the Board may impose sanctions and
10take necessary corrective action, consistent with Section
1134-8.3.
12    12. Each local school council shall comply with the Open
13Meetings Act and the Freedom of Information Act. Each local
14school council shall issue and transmit to its school
15community a detailed annual report accounting for its
16activities programmatically and financially. Each local school
17council shall convene at least 2 well-publicized meetings
18annually with its entire school community. These meetings
19shall include presentation of the proposed local school
20improvement plan, of the proposed school expenditure plan, and
21the annual report, and shall provide an opportunity for public
22comment.
23    13. Each local school council is encouraged to involve
24additional non-voting members of the school community in
25facilitating the council's exercise of its responsibilities.
26    14. The local school council may adopt a school uniform or

 

 

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1dress code policy that governs the attendance center and that
2is necessary to maintain the orderly process of a school
3function or prevent endangerment of student health or safety,
4consistent with the policies and rules of the Board of
5Education. A school uniform or dress code policy adopted by a
6local school council: (i) shall not be applied in such manner
7as to discipline or deny attendance to a transfer student or
8any other student for noncompliance with that policy during
9such period of time as is reasonably necessary to enable the
10student to acquire a school uniform or otherwise comply with
11the dress code policy that is in effect at the attendance
12center into which the student's enrollment is transferred; and
13(ii) shall include criteria and procedures under which the
14local school council will accommodate the needs of or
15otherwise provide appropriate resources to assist a student
16from an indigent family in complying with an applicable school
17uniform or dress code policy; and (iii) shall not include or
18apply to hairstyles, including hairstyles historically
19associated with race, ethnicity, or hair texture, including,
20but not limited to, protective hairstyles such as braids,
21locks, and twists. A student whose parents or legal guardians
22object on religious grounds to the student's compliance with
23an applicable school uniform or dress code policy shall not be
24required to comply with that policy if the student's parents
25or legal guardians present to the local school council a
26signed statement of objection detailing the grounds for the

 

 

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1objection. If the board determines that a local school council
2has violated clause (iii) of this paragraph 14, the board
3shall withhold from the attendance center the amount, if any,
4of State funding under Section 18-8.15 that exceeds the amount
5of State funding the attendance center received under Section
618-8.15 for the previous school year. To determine the excess
7amount of State funding to withhold, the board shall calculate
8the amount of State funding under Section 18-8.15 that the
9attendance center would otherwise receive under Section
1018-8.15 and subtract that amount from the amount the
11attendance center received under Section 18-8.15 for the
12previous school year. This excess amount shall be set aside in
13a separate fund administered by the board. The board shall
14disburse the withheld funding to the attendance center once
15the attendance center is in compliance with clause (iii) of
16this paragraph 14. The board shall forward to the State Board
17of Education a list of all attendance centers that are in
18violation of clause (iii) of this paragraph 14. The State
19Board shall publish the list on its Internet website. Once the
20attendance center is no longer in violation of clause (iii) of
21this paragraph 14, the board shall forward the name of the
22attendance center to the State Board, and the State Board
23shall remove the attendance center from the list published on
24its Internet website.
25    15. All decisions made and actions taken by the local
26school council in the exercise of its powers and duties shall

 

 

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1comply with State and federal laws, all applicable collective
2bargaining agreements, court orders and rules properly
3promulgated by the Board.
4    15a. To grant, in accordance with board rules and
5policies, the use of assembly halls and classrooms when not
6otherwise needed, including lighting, heat, and attendants,
7for public lectures, concerts, and other educational and
8social activities.
9    15b. To approve, in accordance with board rules and
10policies, receipts and expenditures for all internal accounts
11of the attendance center, and to approve all fund-raising
12activities by nonschool organizations that use the school
13building.
14    16. (Blank).
15    17. Names and addresses of local school council members
16shall be a matter of public record.
17(Source: P.A. 100-465, eff. 8-31-17.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".