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90_HB1700
105 ILCS 5/10-22.25b from Ch. 122, par. 10-22.25b
105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3
Amends the School Code. Replaces provisions that
authorize a school board or local school council to adopt a
school uniform or dress code policy with provisions that
require such a policy to be adopted and implemented at all
attendance centers not later than the beginning of the
1997-98 school year. Effective immediately.
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1 AN ACT to amend the School Code by changing Sections
2 10-22.25b and 34-2.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-22.25b and 34-2.3 as follows:
7 (105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
8 Sec. 10-22.25b. School uniforms. The school board shall
9 may adopt and implement, not later than the beginning of the
10 1997-98 school year, and for each school year thereafter, a
11 school uniform or dress code policy that governs all or
12 certain individual attendance centers and that is necessary
13 to maintain the orderly process of a school function or
14 prevent endangerment of student health or safety. A school
15 uniform or dress code policy adopted by a school board: (i)
16 shall not be applied in such manner as to discipline or deny
17 attendance to a transfer student or any other student for
18 noncompliance with that policy during such period of time as
19 is reasonably necessary to enable the student to acquire a
20 school uniform or otherwise comply with the dress code policy
21 that is in effect at the attendance center or in the district
22 into which the student's enrollment is transferred; and (ii)
23 shall include criteria and procedures under which the school
24 board will accommodate the needs of or otherwise provide
25 appropriate resources to assist a student from an indigent
26 family in complying with an applicable school uniform or
27 dress code policy. A student whose parents or legal
28 guardians object on religious grounds to the student's
29 compliance with an applicable school uniform or dress code
30 policy shall not be required to comply with that policy if
31 the student's parents or legal guardians present to the
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1 school board a signed statement of objection detailing the
2 grounds for the objection. This Section applies to school
3 boards of all districts, including special charter districts
4 and districts organized under Article 34.
5 (Source: P.A. 89-610, eff. 8-6-96.)
6 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
7 Sec. 34-2.3. Local school councils - Powers and duties.
8 Each local school council shall have and exercise, consistent
9 with the provisions of this Article and the powers and duties
10 of the board of education, the following powers and duties:
11 1. To evaluate the performance of the principal of the
12 attendance center taking into consideration the annual
13 evaluation of the principal conducted by the general
14 superintendent pursuant to subsection (h) of Section 34-8.3,
15 to determine in the manner provided by subsection (c) of
16 Section 34-2.2 whether the performance contract of the
17 principal shall be renewed, and to directly select in the
18 manner provided by subsection (c) of Section 34-2.2 a new
19 principal (including a new principal to fill a vacancy) --
20 without submitting any list of candidates for that position
21 to the general superintendent as provided in paragraph 2 of
22 this Section -- to serve under a 4 year performance contract;
23 provided that (i) the determination of whether the
24 principal's performance contract is to be renewed and -- in
25 cases where such performance contract is not renewed -- a
26 direct selection of a new principal -- to serve under a 4
27 year performance contract shall be made by the local school
28 council by April 15 of the calendar year in which the current
29 performance contract of the principal expires, and (ii) a
30 direct selection by the local school council of a new
31 principal to fill a vacancy under a 4 year performance
32 contract shall be made within 90 days after the date such
33 vacancy occurs. A Council shall be required, if requested by
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1 the principal, to provide in writing the reasons for the
2 council's not renewing the principal's contract.
3 2. In the event (i) the local school council does not
4 renew the performance contract of the principal, or the
5 principal fails to receive a satisfactory rating as provided
6 in subsection (h) of Section 34-8.3, or the principal is
7 removed for cause during the term of his or her performance
8 contract in the manner provided by Section 34-85, or a
9 vacancy in the position of principal otherwise occurs prior
10 to the expiration of the term of a principal's performance
11 contract, and (ii) the local school council fails to directly
12 select a new principal (including a new principal to fill a
13 vacancy) to serve under a 4 year performance contract, the
14 local school council in such event shall submit to the
15 general superintendent a list of 3 candidates -- listed in
16 the local school council's order of preference -- for the
17 position of principal, one of which shall be selected by the
18 general superintendent to serve as principal of the
19 attendance center. If the general superintendent fails or
20 refuses to select one of the candidates on the list to serve
21 as principal within 30 days after being furnished with the
22 candidate list, the local school council within 15 days after
23 such failure or refusal shall itself select one of the
24 candidates from the list as principal of the attendance
25 center. There shall be no discrimination on the basis of
26 race, sex, creed, color or disability unrelated to ability to
27 perform in connection with the submission of candidates for,
28 and the selection of a candidate to serve as principal of an
29 attendance center. No person shall be directly selected,
30 listed as a candidate for, or selected to serve as principal
31 of an attendance center (i) if such person has been removed
32 for cause from employment by the Board or (ii) if such person
33 does not hold a valid administrative certificate issued or
34 exchanged under Article 21 and endorsed as required by that
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1 Article for the position of principal. A principal whose
2 performance contract is not renewed as provided under
3 subsection (c) of Section 34-2.2 may nevertheless, if
4 otherwise qualified and certified as herein provided and if
5 he or she has received a satisfactory rating as provided in
6 subsection (h) of Section 34-8.3, be included by a local
7 school council as one of the 3 candidates listed in order of
8 preference on any candidate list from which one person is to
9 be selected to serve as principal of the attendance center
10 under a new performance contract. The initial candidate list
11 required to be submitted by a local school council to the
12 general superintendent in cases where the local school
13 council does not renew the performance contract of its
14 principal and does not directly select a new principal to
15 serve under a 4 year performance contract shall be submitted
16 not later than May 1 of the calendar year in which such
17 performance contract expires. In cases where a principal is
18 removed for cause or a vacancy otherwise occurs in the
19 position of principal and the vacancy is not filled by direct
20 selection by the local school council, the candidate list
21 shall be submitted by the local school council to the general
22 superintendent not later than 90 days after the date such
23 removal or vacancy occurs.
24 2.5. Whenever a vacancy in the office of a principal
25 occurs for any reason, the vacancy shall be filled in the
26 manner provided by this Section by the selection of a new
27 principal to serve under a 4 year performance contract.
28 3. To establish additional criteria to be included as
29 part of the performance contract of its principal, provided
30 that such additional criteria shall not discriminate on the
31 basis of race, sex, creed, color or disability unrelated to
32 ability to perform, and shall not be inconsistent with the
33 uniform 4 year performance contract for principals developed
34 by the board as provided in Section 34-8.1 of the School Code
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1 or with other provisions of this Article governing the
2 authority and responsibility of principals.
3 4. To approve the expenditure plan prepared by the
4 principal with respect to all funds allocated and distributed
5 to the attendance center by the Board. The expenditure plan
6 shall be administered by the principal. Notwithstanding any
7 other provision of this Act or any other law, any expenditure
8 plan approved and administered under this Section 34-2.3
9 shall be consistent with and subject to the terms of any
10 contract for services with a third party entered into by the
11 Chicago School Reform Board of Trustees or the board under
12 this Act.
13 Via a supermajority vote of 7 members of the local school
14 council or 8 members of a high school local school council,
15 the Council may transfer allocations pursuant to Section
16 34-2.3 within funds; provided that such a transfer is
17 consistent with applicable law and collective bargaining
18 agreements.
19 Beginning in fiscal year 1991 and in each fiscal year
20 thereafter, the Board may reserve up to 1% of its total
21 fiscal year budget for distribution on a prioritized basis to
22 schools throughout the school system in order to assure
23 adequate programs to meet the needs of special student
24 populations as determined by the Board. This distribution
25 shall take into account the needs catalogued in the
26 Systemwide Plan and the various local school improvement
27 plans of the local school councils. Information about these
28 centrally funded programs shall be distributed to the local
29 school councils so that their subsequent planning and
30 programming will account for these provisions.
31 Beginning in fiscal year 1991 and in each fiscal year
32 thereafter, from other amounts available in the applicable
33 fiscal year budget, the board shall allocate a lump sum
34 amount to each local school based upon such formula as the
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1 board shall determine taking into account the special needs
2 of the student body. The local school principal shall
3 develop an expenditure plan in consultation with the local
4 school council, the professional personnel advisory committee
5 and with all other school personnel, which reflects the
6 priorities and activities as described in the school's local
7 school improvement plan and is consistent with applicable law
8 and collective bargaining agreements and with board policies
9 and standards; however, the local school council shall have
10 the right to request waivers of board policy from the board
11 of education and waivers of employee collective bargaining
12 agreements pursuant to Section 34-8.1a.
13 The expenditure plan developed by the principal with
14 respect to amounts available from the fund for prioritized
15 special needs programs and the allocated lump sum amount must
16 be approved by the local school council.
17 The lump sum allocation shall take into account the
18 following principles:
19 a. Teachers: Each school shall be allocated funds
20 equal to the amount appropriated in the previous school
21 year for compensation for teachers (regular grades
22 kindergarten through 12th grade) plus whatever increases
23 in compensation have been negotiated contractually or
24 through longevity as provided in the negotiated
25 agreement. Adjustments shall be made due to layoff or
26 reduction in force, lack of funds or work, change in
27 subject requirements, enrollment changes, or contracts
28 with third parties for the performance of services or to
29 rectify any inconsistencies with system-wide allocation
30 formulas or for other legitimate reasons.
31 b. Other personnel: Funds for other teacher
32 certificated and uncertificated personnel paid through
33 non-categorical funds shall be provided according to
34 system-wide formulas based on student enrollment and the
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1 special needs of the school as determined by the Board.
2 c. Non-compensation items: Appropriations for all
3 non-compensation items shall be based on system-wide
4 formulas based on student enrollment and on the special
5 needs of the school or factors related to the physical
6 plant, including but not limited to textbooks, supplies,
7 electricity, equipment, and routine maintenance.
8 d. Funds for categorical programs: Schools shall
9 receive personnel and funds based on, and shall use such
10 personnel and funds in accordance with State and Federal
11 requirements applicable to each categorical program
12 provided to meet the special needs of the student body
13 (including but not limited to, Federal Chapter I,
14 Bilingual, and Special Education).
15 d.1. Funds for State Title I: Each school shall
16 receive funds based on State and Board requirements
17 applicable to each State Title I pupil provided to meet
18 the special needs of the student body. Each school shall
19 receive the proportion of funds as provided in Section
20 18-8 to which they are entitled. These funds shall be
21 spent only with the budgetary approval of the Local
22 School Council as provided in Section 34-2.3.
23 e. The Local School Council shall have the right to
24 request the principal to close positions and open new
25 ones consistent with the provisions of the local school
26 improvement plan provided that these decisions are
27 consistent with applicable law and collective bargaining
28 agreements. If a position is closed, pursuant to this
29 paragraph, the local school shall have for its use the
30 system-wide average compensation for the closed position.
31 f. Operating within existing laws and collective
32 bargaining agreements, the local school council shall
33 have the right to direct the principal to shift
34 expenditures within funds.
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1 g. (Blank).
2 Any funds unexpended at the end of the fiscal year shall
3 be available to the board of education for use as part of its
4 budget for the following fiscal year.
5 5. To make recommendations to the principal concerning
6 textbook selection and concerning curriculum developed
7 pursuant to the school improvement plan which is consistent
8 with systemwide curriculum objectives in accordance with
9 Sections 34-8 and 34-18 of the School Code and in conformity
10 with the collective bargaining agreement.
11 6. To advise the principal concerning the attendance and
12 disciplinary policies for the attendance center, subject to
13 the provisions of this Article and Article 26, and consistent
14 with the uniform system of discipline established by the
15 board pursuant to Section 34-19.
16 7. To approve a school improvement plan developed as
17 provided in Section 34-2.4. The process and schedule for plan
18 development shall be publicized to the entire school
19 community, and the community shall be afforded the
20 opportunity to make recommendations concerning the plan. At
21 least twice a year the principal and local school council
22 shall report publicly on progress and problems with respect
23 to plan implementation.
24 8. To evaluate the allocation of teaching resources and
25 other certificated and uncertificated staff to the attendance
26 center to determine whether such allocation is consistent
27 with and in furtherance of instructional objectives and
28 school programs reflective of the school improvement plan
29 adopted for the attendance center; and to make
30 recommendations to the board, the general superintendent and
31 the principal concerning any reallocation of teaching
32 resources or other staff whenever the council determines that
33 any such reallocation is appropriate because the
34 qualifications of any existing staff at the attendance center
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1 do not adequately match or support instructional objectives
2 or school programs which reflect the school improvement plan.
3 9. To make recommendations to the principal and the
4 general superintendent concerning their respective
5 appointments, after August 31, 1989, and in the manner
6 provided by Section 34-8 and Section 34-8.1, of persons to
7 fill any vacant, additional or newly created positions for
8 teachers at the attendance center or at attendance centers
9 which include the attendance center served by the local
10 school council.
11 10. To request of the Board the manner in which training
12 and assistance shall be provided to the local school council.
13 Pursuant to Board guidelines a local school council is
14 authorized to direct the Board of Education to contract with
15 personnel or not-for-profit organizations not associated with
16 the school district to train or assist council members. If
17 training or assistance is provided by contract with personnel
18 or organizations not associated with the school district, the
19 period of training or assistance shall not exceed 30 hours
20 during a given school year; person shall not be employed on a
21 continuous basis longer than said period and shall not have
22 been employed by the Chicago Board of Education within the
23 preceding six months. Council members shall receive training
24 in at least the following areas:
25 1. school budgets;
26 2. educational theory pertinent to the attendance
27 center's particular needs, including the development of
28 the school improvement plan and the principal's
29 performance contract; and
30 3. personnel selection.
31 Council members shall, to the greatest extent possible,
32 complete such training within 90 days of election.
33 11. In accordance with systemwide guidelines contained
34 in the System-Wide Educational Reform Goals and Objectives
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1 Plan, criteria for evaluation of performance shall be
2 established for local school councils and local school
3 council members. If a local school council persists in
4 noncompliance with systemwide requirements, the Board may
5 impose sanctions and take necessary corrective action,
6 consistent with Section 34-8.3.
7 12. Each local school council shall comply with the Open
8 Meetings Act and the Freedom of Information Act. Each local
9 school council shall issue and transmit to its school
10 community a detailed annual report accounting for its
11 activities programmatically and financially. Each local
12 school council shall convene at least 2 well-publicized
13 meetings annually with its entire school community. These
14 meetings shall include presentation of the proposed local
15 school improvement plan, of the proposed school expenditure
16 plan, and the annual report, and shall provide an opportunity
17 for public comment.
18 13. Each local school council is encouraged to involve
19 additional non-voting members of the school community in
20 facilitating the council's exercise of its responsibilities.
21 14. The local school council shall may adopt and
22 implement, not later than the beginning of the 1997-98 school
23 year, and for each school year thereafter, a school uniform
24 or dress code policy that governs the attendance center and
25 that is necessary to maintain the orderly process of a school
26 function or prevent endangerment of student health or safety,
27 consistent with the policies and rules of the Board of
28 Education. A school uniform or dress code policy adopted by a
29 local school council: (i) shall not be applied in such manner
30 as to discipline or deny attendance to a transfer student or
31 any other student for noncompliance with that policy during
32 such period of time as is reasonably necessary to enable the
33 student to acquire a school uniform or otherwise comply with
34 the dress code policy that is in effect at the attendance
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1 center into which the student's enrollment is transferred;
2 and (ii) shall include criteria and procedures under which
3 the local school council will accommodate the needs of or
4 otherwise provide appropriate resources to assist a student
5 from an indigent family in complying with an applicable
6 school uniform or dress code policy. A student whose parents
7 or legal guardians object on religious grounds to the
8 student's compliance with an applicable school uniform or
9 dress code policy shall not be required to comply with that
10 policy if the student's parents or legal guardians present to
11 the local school council a signed statement of objection
12 detailing the grounds for the objection.
13 15. All decisions made and actions taken by the local
14 school council in the exercise of its powers and duties shall
15 comply with State and federal laws, all applicable collective
16 bargaining agreements, court orders and rules properly
17 promulgated by the Board.
18 15a. To grant, in accordance with board rules and
19 policies, the use of assembly halls and classrooms when not
20 otherwise needed, including lighting, heat, and attendants,
21 for public lectures, concerts, and other educational and
22 social activities.
23 15b. To approve, in accordance with board rules and
24 policies, receipts and expenditures for all internal accounts
25 of the attendance center, and to approve all fund-raising
26 activities by nonschool organizations that use the school
27 building.
28 16. (Blank).
29 17. Names and addresses of local school council members
30 shall be a matter of public record.
31 (Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
32 eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
33 revised 9-9-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.