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

SB0817sam002 102ND GENERAL ASSEMBLY

Sen. Mike Simmons

Filed: 5/10/2021

 

 


 

 


 
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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 2-3.25o, 10-22.25b, 27A-5, and 34-2.3 as follows:
 
6    (105 ILCS 5/2-3.25o)
7    Sec. 2-3.25o. Registration and recognition of non-public
8elementary and secondary schools.
9    (a) Findings. The General Assembly finds and declares (i)
10that the Constitution of the State of Illinois provides that a
11"fundamental goal of the People of the State is the
12educational development of all persons to the limits of their
13capacities" and (ii) that the educational development of every
14school student serves the public purposes of the State. In
15order to ensure that all Illinois students and teachers have
16the opportunity to enroll and work in State-approved

 

 

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

 

 

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1recognize the diversity of non-public schools and shall not
2impinge upon the noneducational relationships between those
3schools and their clientele.
4    (c-5) Prohibition against recognition. A non-public
5elementary or secondary school may not obtain "Non-public
6School Recognition" status unless the school requires all
7certified and non-certified applicants for employment with the
8school, after July 1, 2007, to authorize a fingerprint-based
9criminal history records check as a condition of employment to
10determine if such applicants have been convicted of any of the
11enumerated criminal or drug offenses set forth in Section
1221B-80 of this Code or have been convicted, within 7 years of
13the application for employment, of any other felony under the
14laws of this State or of any offense committed or attempted in
15any other state or against the laws of the United States that,
16if committed or attempted in this State, would have been
17punishable as a felony under the laws of this State.
18    Authorization for the check shall be furnished by the
19applicant to the school, except that if the applicant is a
20substitute teacher seeking employment in more than one
21non-public school, a teacher seeking concurrent part-time
22employment positions with more than one non-public school (as
23a reading specialist, special education teacher, or
24otherwise), or an educational support personnel employee
25seeking employment positions with more than one non-public
26school, then only one of the non-public schools employing the

 

 

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

 

 

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

 

 

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1and a Statewide Sex Offender Database check has not been
2initiated or who has been convicted of any offense enumerated
3in Section 21B-80 of this Code or any offense committed or
4attempted in any other state or against the laws of the United
5States that, if committed or attempted in this State, would
6have been punishable as one or more of those offenses. No
7non-public school may obtain recognition status under this
8Section that knowingly employs a person who has been found to
9be the perpetrator of sexual or physical abuse of a minor under
1018 years of age pursuant to proceedings under Article II of the
11Juvenile Court Act of 1987.
12    In order to obtain recognition status under this Section,
13a non-public school must require compliance with the
14provisions of this subsection (c-5) from all employees of
15persons or firms holding contracts with the school, including,
16but not limited to, food service workers, school bus drivers,
17and other transportation employees, who have direct, daily
18contact with pupils. Any information concerning the records of
19conviction or identification as a sex offender of any such
20employee obtained by the non-public school principal or
21president must be promptly reported to the school's governing
22body.
23    Prior to the commencement of any student teaching
24experience or required internship (which is referred to as
25student teaching in this Section) in any non-public elementary
26or secondary school that has obtained or seeks to obtain

 

 

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

 

 

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

 

 

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1under 18 years of age pursuant to proceedings under Article II
2of the Juvenile Court Act of 1987.
3    Any school that has obtained or seeks to obtain
4recognition status under this Section may not prohibit
5hairstyles historically associated with race, ethnicity, or
6hair texture, including, but not limited to, protective
7hairstyles such as braids, locks, and twists.
8    (d) Public purposes. The provisions of this Section are in
9the public interest, for the public benefit, and serve secular
10public purposes.
11    (e) Definition. For purposes of this Section, a non-public
12school means any non-profit, non-home-based, and non-public
13elementary or secondary school that is in compliance with
14Title VI of the Civil Rights Act of 1964 and attendance at
15which satisfies the requirements of Section 26-1 of this Code.
16(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
17    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
18    Sec. 10-22.25b. School uniforms. The school board may
19adopt a school uniform or dress code policy that governs all or
20certain individual attendance centers and that is necessary to
21maintain the orderly process of a school function or prevent
22endangerment of student health or safety. A school uniform or
23dress code policy adopted by a school board: (i) shall not be
24applied in such manner as to discipline or deny attendance to a
25transfer student or any other student for noncompliance with

 

 

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

 

 

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1shall make available to schools resource materials developed
2in consultation with stakeholders regarding hairstyles,
3including hairstyles historically associated with race,
4ethnicity, or hair texture, including, but not limited to,
5protective hairstyles such as braids, locks, and twists. The
6State Board of Education shall make the resource materials
7available on its Internet website.
8(Source: P.A. 89-610, eff. 8-6-96.)
 
9    (105 ILCS 5/27A-5)
10    Sec. 27A-5. Charter school; legal entity; requirements.
11    (a) A charter school shall be a public, nonsectarian,
12nonreligious, non-home based, and non-profit school. A charter
13school shall be organized and operated as a nonprofit
14corporation or other discrete, legal, nonprofit entity
15authorized under the laws of the State of Illinois.
16    (b) A charter school may be established under this Article
17by creating a new school or by converting an existing public
18school or attendance center to charter school status.
19Beginning on April 16, 2003 (the effective date of Public Act
2093-3), in all new applications to establish a charter school
21in a city having a population exceeding 500,000, operation of
22the charter school shall be limited to one campus. The changes
23made to this Section by Public Act 93-3 do not apply to charter
24schools existing or approved on or before April 16, 2003 (the
25effective date of Public Act 93-3).

 

 

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

 

 

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1or its equivalent.
2    (c-5) No later than January 1, 2021 (one year after the
3effective date of Public Act 101-291) or within the first year
4of his or her first term, every voting member of a charter
5school's board of directors or other governing body shall
6complete a minimum of 4 hours of professional development
7leadership training to ensure that each member has sufficient
8familiarity with the board's or governing body's role and
9responsibilities, including financial oversight and
10accountability of the school, evaluating the principal's and
11school's performance, adherence to the Freedom of Information
12Act and the Open Meetings Act, and compliance with education
13and labor law. In each subsequent year of his or her term, a
14voting member of a charter school's board of directors or
15other governing body shall complete a minimum of 2 hours of
16professional development training in these same areas. The
17training under this subsection may be provided or certified by
18a statewide charter school membership association or may be
19provided or certified by other qualified providers approved by
20the State Board of Education.
21    (d) For purposes of this subsection (d), "non-curricular
22health and safety requirement" means any health and safety
23requirement created by statute or rule to provide, maintain,
24preserve, or safeguard safe or healthful conditions for
25students and school personnel or to eliminate, reduce, or
26prevent threats to the health and safety of students and

 

 

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1school personnel. "Non-curricular health and safety
2requirement" does not include any course of study or
3specialized instructional requirement for which the State
4Board has established goals and learning standards or which is
5designed primarily to impart knowledge and skills for students
6to master and apply as an outcome of their education.
7    A charter school shall comply with all non-curricular
8health and safety requirements applicable to public schools
9under the laws of the State of Illinois. On or before September
101, 2015, the State Board shall promulgate and post on its
11Internet website a list of non-curricular health and safety
12requirements that a charter school must meet. The list shall
13be updated annually no later than September 1. Any charter
14contract between a charter school and its authorizer must
15contain a provision that requires the charter school to follow
16the list of all non-curricular health and safety requirements
17promulgated by the State Board and any non-curricular health
18and safety requirements added by the State Board to such list
19during the term of the charter. Nothing in this subsection (d)
20precludes an authorizer from including non-curricular health
21and safety requirements in a charter school contract that are
22not contained in the list promulgated by the State Board,
23including non-curricular health and safety requirements of the
24authorizing local school board.
25    (e) Except as otherwise provided in the School Code, a
26charter school shall not charge tuition; provided that a

 

 

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1charter school may charge reasonable fees for textbooks,
2instructional materials, and student activities.
3    (f) A charter school shall be responsible for the
4management and operation of its fiscal affairs including, but
5not limited to, the preparation of its budget. An audit of each
6charter school's finances shall be conducted annually by an
7outside, independent contractor retained by the charter
8school. To ensure financial accountability for the use of
9public funds, on or before December 1 of every year of
10operation, each charter school shall submit to its authorizer
11and the State Board a copy of its audit and a copy of the Form
12990 the charter school filed that year with the federal
13Internal Revenue Service. In addition, if deemed necessary for
14proper financial oversight of the charter school, an
15authorizer may require quarterly financial statements from
16each charter school.
17    (g) A charter school shall comply with all provisions of
18this Article, the Illinois Educational Labor Relations Act,
19all federal and State laws and rules applicable to public
20schools that pertain to special education and the instruction
21of English learners, and its charter. A charter school is
22exempt from all other State laws and regulations in this Code
23governing public schools and local school board policies;
24however, a charter school is not exempt from the following:
25        (1) Sections 10-21.9 and 34-18.5 of this Code
26    regarding criminal history records checks and checks of

 

 

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1    the Statewide Sex Offender Database and Statewide Murderer
2    and Violent Offender Against Youth Database of applicants
3    for employment;
4        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
5    34-84a of this Code regarding discipline of students;
6        (3) the Local Governmental and Governmental Employees
7    Tort Immunity Act;
8        (4) Section 108.75 of the General Not For Profit
9    Corporation Act of 1986 regarding indemnification of
10    officers, directors, employees, and agents;
11        (5) the Abused and Neglected Child Reporting Act;
12        (5.5) subsection (b) of Section 10-23.12 and
13    subsection (b) of Section 34-18.6 of this Code;
14        (6) the Illinois School Student Records Act;
15        (7) Section 10-17a of this Code regarding school
16    report cards;
17        (8) the P-20 Longitudinal Education Data System Act;
18        (9) Section 27-23.7 of this Code regarding bullying
19    prevention;
20        (10) Section 2-3.162 of this Code regarding student
21    discipline reporting;
22        (11) Sections 22-80 and 27-8.1 of this Code;
23        (12) Sections 10-20.60 and 34-18.53 of this Code;
24        (13) Sections 10-20.63 and 34-18.56 of this Code;
25        (14) Section 26-18 of this Code;
26        (15) Section 22-30 of this Code;

 

 

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1        (16) Sections 24-12 and 34-85 of this Code;
2        (17) the Seizure Smart School Act; and
3        (18) Section 2-3.64a-10 of this Code; and .
4        (19) Section 10-22.25b of this Code.
5    The change made by Public Act 96-104 to this subsection
6(g) is declaratory of existing law.
7    (h) A charter school may negotiate and contract with a
8school district, the governing body of a State college or
9university or public community college, or any other public or
10for-profit or nonprofit private entity for: (i) the use of a
11school building and grounds or any other real property or
12facilities that the charter school desires to use or convert
13for use as a charter school site, (ii) the operation and
14maintenance thereof, and (iii) the provision of any service,
15activity, or undertaking that the charter school is required
16to perform in order to carry out the terms of its charter.
17However, a charter school that is established on or after
18April 16, 2003 (the effective date of Public Act 93-3) and that
19operates in a city having a population exceeding 500,000 may
20not contract with a for-profit entity to manage or operate the
21school during the period that commences on April 16, 2003 (the
22effective date of Public Act 93-3) and concludes at the end of
23the 2004-2005 school year. Except as provided in subsection
24(i) of this Section, a school district may charge a charter
25school reasonable rent for the use of the district's
26buildings, grounds, and facilities. Any services for which a

 

 

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1charter school contracts with a school district shall be
2provided by the district at cost. Any services for which a
3charter school contracts with a local school board or with the
4governing body of a State college or university or public
5community college shall be provided by the public entity at
6cost.
7    (i) In no event shall a charter school that is established
8by converting an existing school or attendance center to
9charter school status be required to pay rent for space that is
10deemed available, as negotiated and provided in the charter
11agreement, in school district facilities. However, all other
12costs for the operation and maintenance of school district
13facilities that are used by the charter school shall be
14subject to negotiation between the charter school and the
15local school board and shall be set forth in the charter.
16    (j) A charter school may limit student enrollment by age
17or grade level.
18    (k) If the charter school is approved by the State Board or
19Commission, then the charter school is its own local education
20agency.
21(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
22100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
236-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
24eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
25101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
263-8-21.)
 

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1listed as a candidate for, or selected to serve as principal of
2an attendance center (i) if such person has been removed for
3cause from employment by the Board or (ii) if such person does
4not hold a valid administrative certificate issued or
5exchanged under Article 21 and endorsed as required by that
6Article for the position of principal. A principal whose
7performance contract is not renewed as provided under
8subsection (c) of Section 34-2.2 may nevertheless, if
9otherwise qualified and certified as herein provided and if he
10or she has received a satisfactory rating as provided in
11subsection (h) of Section 34-8.3, be included by a local
12school council as one of the 3 candidates listed in order of
13preference on any candidate list from which one person is to be
14selected to serve as principal of the attendance center under
15a new performance contract. The initial candidate list
16required to be submitted by a local school council to the
17general superintendent in cases where the local school council
18does not renew the performance contract of its principal and
19does not directly select a new principal to serve under a 4
20year performance contract shall be submitted not later than 30
21days prior to the expiration of the current performance
22contract. In cases where the local school council fails or
23refuses to submit the candidate list to the general
24superintendent no later than 30 days prior to the expiration
25of the incumbent principal's contract, the general
26superintendent may appoint a principal on an interim basis for

 

 

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1a period not to exceed one year, during which time the local
2school council shall be able to select a new principal with 7
3affirmative votes as provided in subsection (c) of Section
434-2.2. In cases where a principal is removed for cause or a
5vacancy otherwise occurs in the position of principal and the
6vacancy is not filled by direct selection by the local school
7council, the candidate list shall be submitted by the local
8school council to the general superintendent within 90 days
9after the date such removal or vacancy occurs. In cases where
10the local school council fails or refuses to submit the
11candidate list to the general superintendent within 90 days
12after the date of the vacancy, the general superintendent may
13appoint a principal on an interim basis for a period of one
14year, during which time the local school council shall be able
15to select a new principal with 7 affirmative votes as provided
16in subsection (c) of Section 34-2.2.
17    2.5. Whenever a vacancy in the office of a principal
18occurs for any reason, the vacancy shall be filled in the
19manner provided by this Section by the selection of a new
20principal to serve under a 4 year performance contract.
21    3. To establish additional criteria to be included as part
22of the performance contract of its principal, provided that
23such additional criteria shall not discriminate on the basis
24of race, sex, creed, color or disability unrelated to ability
25to perform, and shall not be inconsistent with the uniform 4
26year performance contract for principals developed by the

 

 

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1board as provided in Section 34-8.1 of the School Code or with
2other provisions of this Article governing the authority and
3responsibility of principals.
4    4. To approve the expenditure plan prepared by the
5principal with respect to all funds allocated and distributed
6to the attendance center by the Board. The expenditure plan
7shall be administered by the principal. Notwithstanding any
8other provision of this Act or any other law, any expenditure
9plan approved and administered under this Section 34-2.3 shall
10be consistent with and subject to the terms of any contract for
11services with a third party entered into by the Chicago School
12Reform Board of Trustees or the board under this Act.
13    Via a supermajority vote of 7 members of the local school
14council or 8 members of a high school local school council, the
15Council may transfer allocations pursuant to Section 34-2.3
16within funds; provided that such a transfer is consistent with
17applicable law and collective bargaining agreements.
18    Beginning in fiscal year 1991 and in each fiscal year
19thereafter, the Board may reserve up to 1% of its total fiscal
20year budget for distribution on a prioritized basis to schools
21throughout the school system in order to assure adequate
22programs to meet the needs of special student populations as
23determined by the Board. This distribution shall take into
24account the needs catalogued in the Systemwide Plan and the
25various local school improvement plans of the local school
26councils. Information about these centrally funded programs

 

 

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1shall be distributed to the local school councils so that
2their subsequent planning and programming will account for
3these provisions.
4    Beginning in fiscal year 1991 and in each fiscal year
5thereafter, from other amounts available in the applicable
6fiscal year budget, the board shall allocate a lump sum amount
7to each local school based upon such formula as the board shall
8determine taking into account the special needs of the student
9body. The local school principal shall develop an expenditure
10plan in consultation with the local school council, the
11professional personnel leadership committee and with all other
12school personnel, which reflects the priorities and activities
13as described in the school's local school improvement plan and
14is consistent with applicable law and collective bargaining
15agreements and with board policies and standards; however, the
16local school council shall have the right to request waivers
17of board policy from the board of education and waivers of
18employee collective bargaining agreements pursuant to Section
1934-8.1a.
20    The expenditure plan developed by the principal with
21respect to amounts available from the fund for prioritized
22special needs programs and the allocated lump sum amount must
23be approved by the local school council.
24    The lump sum allocation shall take into account the
25following principles:
26        a. Teachers: Each school shall be allocated funds

 

 

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

 

 

10200SB0817sam002- 31 -LRB102 04605 CMG 26250 a

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

 

 

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

 

 

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

 

 

10200SB0817sam002- 34 -LRB102 04605 CMG 26250 a

1during a given school year; person shall not be employed on a
2continuous basis longer than said period and shall not have
3been employed by the Chicago Board of Education within the
4preceding six months. Council members shall receive training
5in at least the following areas:
6        1. school budgets;
7        2. educational theory pertinent to the attendance
8    center's particular needs, including the development of
9    the school improvement plan and the principal's
10    performance contract; and
11        3. personnel selection.
12Council members shall, to the greatest extent possible,
13complete such training within 90 days of election.
14    11. In accordance with systemwide guidelines contained in
15the System-Wide Educational Reform Goals and Objectives Plan,
16criteria for evaluation of performance shall be established
17for local school councils and local school council members. If
18a local school council persists in noncompliance with
19systemwide requirements, the Board may impose sanctions and
20take necessary corrective action, consistent with Section
2134-8.3.
22    12. Each local school council shall comply with the Open
23Meetings Act and the Freedom of Information Act. Each local
24school council shall issue and transmit to its school
25community a detailed annual report accounting for its
26activities programmatically and financially. Each local school

 

 

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

 

 

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

 

 

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1of the attendance center, and to approve all fund-raising
2activities by nonschool organizations that use the school
3building.
4    16. (Blank).
5    17. Names and addresses of local school council members
6shall be a matter of public record.
7(Source: P.A. 100-465, eff. 8-31-17.)
 
8    Section 99. Effective date. This Act takes effect January
91, 2022.".