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| Public Act 102-0360
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| SB0817 Enrolled | LRB102 04605 CMG 14624 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. This Act may be referred to as the Jett Hawkins |
Law.
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Section 5. The School Code is amended by changing Sections |
2-3.25o, 10-22.25b, 27A-5, and 34-2.3 as follows:
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(105 ILCS 5/2-3.25o)
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Sec. 2-3.25o. Registration and recognition of non-public |
elementary and
secondary schools.
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(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
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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.
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(b) Registration. All non-public elementary and secondary |
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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
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federal
and State
laws regarding health examination and |
immunization, attendance, length of term,
and
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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.
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(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
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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
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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.
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(c-5) Prohibition against recognition. A non-public |
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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 |
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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 |
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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 |
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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.
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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 |
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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 |
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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 |
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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.
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(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
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which
satisfies the requirements of Section 26-1 of this Code.
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(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
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(105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
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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 |
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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
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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.
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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, |
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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.)
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(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
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authorized under the laws of the State of Illinois.
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(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.
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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
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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 |
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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.
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(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 |
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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.
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(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 |
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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.
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(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.
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(f) A charter school shall be responsible for the |
management and operation
of its fiscal affairs including,
but |
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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.
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(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:
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(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;
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(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
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34-84a of this Code regarding discipline of
students;
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(3) the Local Governmental and Governmental Employees |
Tort Immunity Act;
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(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986
regarding indemnification of |
officers, directors, employees, and agents;
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(5) the Abused and Neglected Child Reporting Act;
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(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;
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(7) Section 10-17a of this Code regarding school |
report cards;
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(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. |
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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.
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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.
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(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.
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(j) A charter school may limit student enrollment by age |
or grade level.
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(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;
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(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).
|
