Public Act 102-0360
 
SB0817 EnrolledLRB102 04605 CMG 14624 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. This Act may be referred to as the Jett Hawkins
Law.
 
    Section 5. The School Code is amended by changing Sections
2-3.25o, 10-22.25b, 27A-5, and 34-2.3 as follows:
 
    (105 ILCS 5/2-3.25o)
    Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
    (a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities" and (ii) that the educational development of every
school student serves the public purposes of the State. In
order to ensure that all Illinois students and teachers have
the opportunity to enroll and work in State-approved
educational institutions and programs, the State Board of
Education shall provide for the voluntary registration and
recognition of non-public elementary and secondary schools.
    (b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed
by the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and
immunization, attendance, length of term, and
nondiscrimination, including assurances that the school will
not prohibit hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists, and
(ii) with applicable fire and health safety requirements.
    (c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of
non-public schools are different from public schools and will
not be identical to those for public schools, nor will they be
more burdensome. The guidelines and procedures must also
recognize the diversity of non-public schools and shall not
impinge upon the noneducational relationships between those
schools and their clientele.
    (c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in Section
21B-80 of this Code or have been convicted, within 7 years of
the application for employment, of any other felony under the
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
    Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school, then only one of the non-public schools employing the
individual shall request the authorization. Upon receipt of
this authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Department of State Police, to the
Department of State Police.
    The Department of State Police and Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereafter, until expunged, to the president or
principal of the non-public school that requested the check.
The Department of State Police shall charge that school a fee
for conducting such check, which fee must be deposited into
the State Police Services Fund and must not exceed the cost of
the inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse non-public
schools for fees paid to obtain criminal history records
checks under this Section.
    A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, for each applicant for employment, after
July 1, 2007, to determine whether the applicant has been
adjudicated a sex offender.
    Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. Upon a check of the Statewide Sex
Offender Database, the non-public school shall notify the
applicant as to whether or not the applicant has been
identified in the Sex Offender Database as a sex offender. Any
information concerning the records of conviction obtained by
the non-public school's president or principal under this
Section for a substitute teacher seeking employment in more
than one non-public school, a teacher seeking concurrent
part-time employment positions with more than one non-public
school (as a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's
principal or president to which the applicant seeks
employment. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
    No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
a Department of State Police and Federal Bureau of
Investigation fingerprint-based criminal history records check
and a Statewide Sex Offender Database check has not been
initiated or who has been convicted of any offense enumerated
in Section 21B-80 of this Code or any offense committed or
attempted in any other state or against the laws of the United
States that, if committed or attempted in this State, would
have been punishable as one or more of those offenses. No
non-public school may obtain recognition status under this
Section that knowingly employs a person who has been found to
be the perpetrator of sexual or physical abuse of a minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
    In order to obtain recognition status under this Section,
a non-public school must require compliance with the
provisions of this subsection (c-5) from all employees of
persons or firms holding contracts with the school, including,
but not limited to, food service workers, school bus drivers,
and other transportation employees, who have direct, daily
contact with pupils. Any information concerning the records of
conviction or identification as a sex offender of any such
employee obtained by the non-public school principal or
president must be promptly reported to the school's governing
body.
    Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, a student teacher is
required to authorize a fingerprint-based criminal history
records check. Authorization for and payment of the costs of
the check must be furnished by the student teacher to the chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Department
of State Police, to the Department of State Police. The
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the chief
administrative officer of the non-public school that requested
the check. The Department of State Police shall charge the
school a fee for conducting the check, which fee must be passed
on to the student teacher, must not exceed the cost of the
inquiry, and must be deposited into the State Police Services
Fund. The school shall further perform a check of the
Statewide Sex Offender Database, as authorized by the Sex
Offender Community Notification Law, and of the Statewide
Murderer and Violent Offender Against Youth Database, as
authorized by the Murderer and Violent Offender Against Youth
Registration Act, for each student teacher. No school that has
obtained or seeks to obtain recognition status under this
Section may knowingly allow a person to student teach for whom
a criminal history records check, a Statewide Sex Offender
Database check, and a Statewide Murderer and Violent Offender
Against Youth Database check have not been completed and
reviewed by the chief administrative officer of the non-public
school.
    A copy of the record of convictions obtained from the
Department of State Police must be provided to the student
teacher. Any information concerning the record of convictions
obtained by the chief administrative officer of the non-public
school is confidential and may be transmitted only to the
chief administrative officer of the non-public school or his
or her designee, the State Superintendent of Education, the
State Educator Preparation and Licensure Board, or, for
clarification purposes, the Department of State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
    No school that has obtained or seeks to obtain recognition
status under this Section may knowingly allow a person to
student teach who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code or who has been found
to be the perpetrator of sexual or physical abuse of a minor
under 18 years of age pursuant to proceedings under Article II
of the Juvenile Court Act of 1987.
    Any school that has obtained or seeks to obtain
recognition status under this Section may not prohibit
hairstyles historically associated with race, ethnicity, or
hair texture, including, but not limited to, protective
hairstyles such as braids, locks, and twists.
    (d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
    (e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with
Title VI of the Civil Rights Act of 1964 and attendance at
which satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
    Sec. 10-22.25b. School uniforms. The school board may
adopt a school uniform or dress code policy that governs all or
certain individual attendance centers and that is necessary to
maintain the orderly process of a school function or prevent
endangerment of student health or safety. A school uniform or
dress code policy adopted by a school board: (i) shall not be
applied in such manner as to discipline or deny attendance to a
transfer student or any other student for noncompliance with
that policy during such period of time as is reasonably
necessary to enable the student to acquire a school uniform or
otherwise comply with the dress code policy that is in effect
at the attendance center or in the district into which the
student's enrollment is transferred; and (ii) shall include
criteria and procedures under which the school board will
accommodate the needs of or otherwise provide appropriate
resources to assist a student from an indigent family in
complying with an applicable school uniform or dress code
policy; and (iii) shall not include or apply to hairstyles,
including hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists. A
student whose parents or legal guardians object on religious
grounds to the student's compliance with an applicable school
uniform or dress code policy shall not be required to comply
with that policy if the student's parents or legal guardians
present to the school board a signed statement of objection
detailing the grounds for the objection. This Section applies
to school boards of all districts, including special charter
districts and districts organized under Article 34. If a
school board does not comply with the requirements and
prohibitions set forth in this Section, the school district is
subject to the penalty imposed pursuant to subsection (a) of
Section 2-3.25.
    By no later than July 1, 2022, the State Board of Education
shall make available to schools resource materials developed
in consultation with stakeholders regarding hairstyles,
including hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists. The
State Board of Education shall make the resource materials
available on its Internet website.
(Source: P.A. 89-610, eff. 8-6-96.)
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
    (c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an
authorizer may require quarterly financial statements from
each charter school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Section 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code;
        (17) the Seizure Smart School Act; and
        (18) Section 2-3.64a-10 of this Code; and .
        (19) Section 10-22.25b of this Code.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
3-8-21.)
 
    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
    Sec. 34-2.3. Local school councils - Powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
    1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the
school, (iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to improve
student academic achievement, (v) school management, and (vi)
any other factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement;
    (B) to determine in the manner provided by subsection (c)
of Section 34-2.2 and subdivision 1.5 of this Section whether
the performance contract of the principal shall be renewed;
and
    (C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal (including a
new principal to fill a vacancy) -- without submitting any
list of candidates for that position to the general
superintendent as provided in paragraph 2 of this Section --
to serve under a 4 year performance contract; provided that
(i) the determination of whether the principal's performance
contract is to be renewed, based upon the evaluation required
by subdivision 1.5 of this Section, shall be made no later than
150 days prior to the expiration of the current
performance-based contract of the principal, (ii) in cases
where such performance contract is not renewed -- a direct
selection of a new principal -- to serve under a 4 year
performance contract shall be made by the local school council
no later than 45 days prior to the expiration of the current
performance contract of the principal, and (iii) a selection
by the local school council of a new principal to fill a
vacancy under a 4 year performance contract shall be made
within 90 days after the date such vacancy occurs. A Council
shall be required, if requested by the principal, to provide
in writing the reasons for the council's not renewing the
principal's contract.
    1.5. The local school council's determination of whether
to renew the principal's contract shall be based on an
evaluation to assess the educational and administrative
progress made at the school during the principal's current
performance-based contract. The local school council shall
base its evaluation on (i) student academic improvement, as
defined by the school improvement plan, (ii) student
absenteeism rates at the school, (iii) instructional
leadership, (iv) the effective implementation of programs,
policies, or strategies to improve student academic
achievement, (v) school management, and (vi) any other factors
deemed relevant by the local school council, including,
without limitation, the principal's communication skills and
ability to create and maintain a student-centered learning
environment, to develop opportunities for professional
development, and to encourage parental involvement and
community partnerships to achieve school improvement. If a
local school council fails to renew the performance contract
of a principal rated by the general superintendent, or his or
her designee, in the previous years' evaluations as meeting or
exceeding expectations, the principal, within 15 days after
the local school council's decision not to renew the contract,
may request a review of the local school council's principal
non-retention decision by a hearing officer appointed by the
American Arbitration Association. A local school council
member or members or the general superintendent may support
the principal's request for review. During the period of the
hearing officer's review of the local school council's
decision on whether or not to retain the principal, the local
school council shall maintain all authority to search for and
contract with a person to serve as interim or acting
principal, or as the principal of the attendance center under
a 4-year performance contract, provided that any performance
contract entered into by the local school council shall be
voidable or modified in accordance with the decision of the
hearing officer. The principal may request review only once
while at that attendance center. If a local school council
renews the contract of a principal who failed to obtain a
rating of "meets" or "exceeds expectations" in the general
superintendent's evaluation for the previous year, the general
superintendent, within 15 days after the local school
council's decision to renew the contract, may request a review
of the local school council's principal retention decision by
a hearing officer appointed by the American Arbitration
Association. The general superintendent may request a review
only once for that principal at that attendance center. All
requests to review the retention or non-retention of a
principal shall be submitted to the general superintendent,
who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association. The general
superintendent shall send a contemporaneous copy of the
request that was forwarded to the American Arbitration
Association to the principal and to each local school council
member and shall inform the local school council of its rights
and responsibilities under the arbitration process, including
the local school council's right to representation and the
manner and process by which the Board shall pay the costs of
the council's representation. If the local school council
retains the principal and the general superintendent requests
a review of the retention decision, the local school council
and the general superintendent shall be considered parties to
the arbitration, a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education, and the principal may retain counsel
and participate in the arbitration. If the local school
council does not retain the principal and the principal
requests a review of the retention decision, the local school
council and the principal shall be considered parties to the
arbitration and a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education. The hearing shall begin (i) within
45 days after the initial request for review is submitted by
the principal to the general superintendent or (ii) if the
initial request for review is made by the general
superintendent, within 45 days after that request is mailed to
the American Arbitration Association. The hearing officer
shall render a decision within 45 days after the hearing
begins and within 90 days after the initial request for
review. The Board shall contract with the American Arbitration
Association for all of the hearing officer's reasonable and
necessary costs. In addition, the Board shall pay any
reasonable costs incurred by a local school council for
representation before a hearing officer.
    1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or her
designee, and members of the community. The burden of proof in
establishing that the local school council's decision was
arbitrary and capricious shall be on the party requesting the
arbitration, and this party shall sustain the burden by a
preponderance of the evidence. The hearing officer shall set
the local school council decision aside if that decision, in
light of the record developed at the hearing, is arbitrary and
capricious. The decision of the hearing officer may not be
appealed to the Board or the State Board of Education. If the
hearing officer decides that the principal shall be retained,
the retention period shall not exceed 2 years.
    2. In the event (i) the local school council does not renew
the performance contract of the principal, or the principal
fails to receive a satisfactory rating as provided in
subsection (h) of Section 34-8.3, or the principal is removed
for cause during the term of his or her performance contract in
the manner provided by Section 34-85, or a vacancy in the
position of principal otherwise occurs prior to the expiration
of the term of a principal's performance contract, and (ii)
the local school council fails to directly select a new
principal to serve under a 4 year performance contract, the
local school council in such event shall submit to the general
superintendent a list of 3 candidates -- listed in the local
school council's order of preference -- for the position of
principal, one of which shall be selected by the general
superintendent to serve as principal of the attendance center.
If the general superintendent fails or refuses to select one
of the candidates on the list to serve as principal within 30
days after being furnished with the candidate list, the
general superintendent shall select and place a principal on
an interim basis (i) for a period not to exceed one year or
(ii) until the local school council selects a new principal
with 7 affirmative votes as provided in subsection (c) of
Section 34-2.2, whichever occurs first. If the local school
council fails or refuses to select and appoint a new
principal, as specified by subsection (c) of Section 34-2.2,
the general superintendent may select and appoint a new
principal on an interim basis for an additional year or until a
new contract principal is selected by the local school
council. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal of
an attendance center (i) if such person has been removed for
cause from employment by the Board or (ii) if such person does
not hold a valid administrative certificate issued or
exchanged under Article 21 and endorsed as required by that
Article for the position of principal. A principal whose
performance contract is not renewed as provided under
subsection (c) of Section 34-2.2 may nevertheless, if
otherwise qualified and certified as herein provided and if he
or she has received a satisfactory rating as provided in
subsection (h) of Section 34-8.3, be included by a local
school council as one of the 3 candidates listed in order of
preference on any candidate list from which one person is to be
selected to serve as principal of the attendance center under
a new performance contract. The initial candidate list
required to be submitted by a local school council to the
general superintendent in cases where the local school council
does not renew the performance contract of its principal and
does not directly select a new principal to serve under a 4
year performance contract shall be submitted not later than 30
days prior to the expiration of the current performance
contract. In cases where the local school council fails or
refuses to submit the candidate list to the general
superintendent no later than 30 days prior to the expiration
of the incumbent principal's contract, the general
superintendent may appoint a principal on an interim basis for
a period not to exceed one year, during which time the local
school council shall be able to select a new principal with 7
affirmative votes as provided in subsection (c) of Section
34-2.2. In cases where a principal is removed for cause or a
vacancy otherwise occurs in the position of principal and the
vacancy is not filled by direct selection by the local school
council, the candidate list shall be submitted by the local
school council to the general superintendent within 90 days
after the date such removal or vacancy occurs. In cases where
the local school council fails or refuses to submit the
candidate list to the general superintendent within 90 days
after the date of the vacancy, the general superintendent may
appoint a principal on an interim basis for a period of one
year, during which time the local school council shall be able
to select a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2.
    2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
    3. To establish additional criteria to be included as part
of the performance contract of its principal, provided that
such additional criteria shall not discriminate on the basis
of race, sex, creed, color or disability unrelated to ability
to perform, and shall not be inconsistent with the uniform 4
year performance contract for principals developed by the
board as provided in Section 34-8.1 of the School Code or with
other provisions of this Article governing the authority and
responsibility of principals.
    4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3 shall
be consistent with and subject to the terms of any contract for
services with a third party entered into by the Chicago School
Reform Board of Trustees or the board under this Act.
    Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local school council, the
Council may transfer allocations pursuant to Section 34-2.3
within funds; provided that such a transfer is consistent with
applicable law and collective bargaining agreements.
    Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total fiscal
year budget for distribution on a prioritized basis to schools
throughout the school system in order to assure adequate
programs to meet the needs of special student populations as
determined by the Board. This distribution shall take into
account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school
councils. Information about these centrally funded programs
shall be distributed to the local school councils so that
their subsequent planning and programming will account for
these provisions.
    Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum amount
to each local school based upon such formula as the board shall
determine taking into account the special needs of the student
body. The local school principal shall develop an expenditure
plan in consultation with the local school council, the
professional personnel leadership committee and with all other
school personnel, which reflects the priorities and activities
as described in the school's local school improvement plan and
is consistent with applicable law and collective bargaining
agreements and with board policies and standards; however, the
local school council shall have the right to request waivers
of board policy from the board of education and waivers of
employee collective bargaining agreements pursuant to Section
34-8.1a.
    The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
    The lump sum allocation shall take into account the
following principles:
        a. Teachers: Each school shall be allocated funds
    equal to the amount appropriated in the previous school
    year for compensation for teachers (regular grades
    kindergarten through 12th grade) plus whatever increases
    in compensation have been negotiated contractually or
    through longevity as provided in the negotiated agreement.
    Adjustments shall be made due to layoff or reduction in
    force, lack of funds or work, change in subject
    requirements, enrollment changes, or contracts with third
    parties for the performance of services or to rectify any
    inconsistencies with system-wide allocation formulas or
    for other legitimate reasons.
        b. Other personnel: Funds for other teacher
    certificated and uncertificated personnel paid through
    non-categorical funds shall be provided according to
    system-wide formulas based on student enrollment and the
    special needs of the school as determined by the Board.
        c. Non-compensation items: Appropriations for all
    non-compensation items shall be based on system-wide
    formulas based on student enrollment and on the special
    needs of the school or factors related to the physical
    plant, including but not limited to textbooks, electronic
    textbooks and the technological equipment necessary to
    gain access to and use electronic textbooks, supplies,
    electricity, equipment, and routine maintenance.
        d. Funds for categorical programs: Schools shall
    receive personnel and funds based on, and shall use such
    personnel and funds in accordance with State and Federal
    requirements applicable to each categorical program
    provided to meet the special needs of the student body
    (including but not limited to, Federal Chapter I,
    Bilingual, and Special Education).
        d.1. Funds for State Title I: Each school shall
    receive funds based on State and Board requirements
    applicable to each State Title I pupil provided to meet
    the special needs of the student body. Each school shall
    receive the proportion of funds as provided in Section
    18-8 or 18-8.15 to which they are entitled. These funds
    shall be spent only with the budgetary approval of the
    Local School Council as provided in Section 34-2.3.
        e. The Local School Council shall have the right to
    request the principal to close positions and open new ones
    consistent with the provisions of the local school
    improvement plan provided that these decisions are
    consistent with applicable law and collective bargaining
    agreements. If a position is closed, pursuant to this
    paragraph, the local school shall have for its use the
    system-wide average compensation for the closed position.
        f. Operating within existing laws and collective
    bargaining agreements, the local school council shall have
    the right to direct the principal to shift expenditures
    within funds.
        g. (Blank).
    Any funds unexpended at the end of the fiscal year shall be
available to the board of education for use as part of its
budget for the following fiscal year.
    5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
    6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the board
pursuant to Section 34-19.
    7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the opportunity
to make recommendations concerning the plan. At least twice a
year the principal and local school council shall report
publicly on progress and problems with respect to plan
implementation.
    8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent with
and in furtherance of instructional objectives and school
programs reflective of the school improvement plan adopted for
the attendance center; and to make recommendations to the
board, the general superintendent and the principal concerning
any reallocation of teaching resources or other staff whenever
the council determines that any such reallocation is
appropriate because the qualifications of any existing staff
at the attendance center do not adequately match or support
instructional objectives or school programs which reflect the
school improvement plan.
    9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local school
council.
    10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
        1. school budgets;
        2. educational theory pertinent to the attendance
    center's particular needs, including the development of
    the school improvement plan and the principal's
    performance contract; and
        3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
    11. In accordance with systemwide guidelines contained in
the System-Wide Educational Reform Goals and Objectives Plan,
criteria for evaluation of performance shall be established
for local school councils and local school council members. If
a local school council persists in noncompliance with
systemwide requirements, the Board may impose sanctions and
take necessary corrective action, consistent with Section
34-8.3.
    12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local school
council shall convene at least 2 well-publicized meetings
annually with its entire school community. These meetings
shall include presentation of the proposed local school
improvement plan, of the proposed school expenditure plan, and
the annual report, and shall provide an opportunity for public
comment.
    13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
    14. The local school council may adopt a school uniform or
dress code policy that governs the attendance center and that
is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred; and
(ii) shall include criteria and procedures under which the
local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable school
uniform or dress code policy; and (iii) shall not include or
apply to hairstyles, including hairstyles historically
associated with race, ethnicity, or hair texture, including,
but not limited to, protective hairstyles such as braids,
locks, and twists. A student whose parents or legal guardians
object on religious grounds to the student's compliance with
an applicable school uniform or dress code policy shall not be
required to comply with that policy if the student's parents
or legal guardians present to the local school council a
signed statement of objection detailing the grounds for the
objection. If a local school council does not comply with the
requirements and prohibitions set forth in this paragraph 14,
the attendance center is subject to the penalty imposed
pursuant to subsection (a) of Section 2-3.25.
    15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
    15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
    15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
    16. (Blank).
    17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 100-465, eff. 8-31-17.)
 
    Section 99. Effective date. This Act takes effect January
1, 2022.