Bill Text: IL SB0817 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code. Provides that a non-public elementary or secondary school registering with the State Board of Education must provide assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a non-public elementary or secondary school that has obtained or seeks to obtain recognition status from the State Board may not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a school uniform or dress code policy adopted by a school board or local school council shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture. Sets forth a penalty for noncompliance with the school uniform or dress code policy provisions. Requires the State Board to make available, on its Internet website, resource materials developed in consultation with stakeholders regarding hairstyles. Amends the Charter Schools Law of the School Code to require a charter school to comply with the school uniform or dress code policy provisions. Effective January 1, 2022.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0360 [SB0817 Detail]
Download: Illinois-2021-SB0817-Enrolled.html
Bill Title: Amends the School Code. Provides that a non-public elementary or secondary school registering with the State Board of Education must provide assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a non-public elementary or secondary school that has obtained or seeks to obtain recognition status from the State Board may not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a school uniform or dress code policy adopted by a school board or local school council shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture. Sets forth a penalty for noncompliance with the school uniform or dress code policy provisions. Requires the State Board to make available, on its Internet website, resource materials developed in consultation with stakeholders regarding hairstyles. Amends the Charter Schools Law of the School Code to require a charter school to comply with the school uniform or dress code policy provisions. Effective January 1, 2022.
Spectrum: Partisan Bill (Democrat 30-0)
Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0360 [SB0817 Detail]
Download: Illinois-2021-SB0817-Enrolled.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Jett Hawkins | ||||||
5 | Law.
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6 | Section 5. The School Code is amended by changing Sections | ||||||
7 | 2-3.25o, 10-22.25b, 27A-5, and 34-2.3 as follows:
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8 | (105 ILCS 5/2-3.25o)
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9 | Sec. 2-3.25o. Registration and recognition of non-public | ||||||
10 | elementary and
secondary schools.
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11 | (a) Findings. The General Assembly finds and declares (i) | ||||||
12 | that the
Constitution
of the State of Illinois provides that a | ||||||
13 | "fundamental goal of the People of the
State is the
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14 | educational development of all persons to the limits of their | ||||||
15 | capacities" and
(ii) that the
educational development of every | ||||||
16 | school student serves the public purposes of
the State.
In | ||||||
17 | order to ensure that all Illinois students and teachers have | ||||||
18 | the opportunity
to enroll and
work in State-approved | ||||||
19 | educational institutions and programs, the State Board
of
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20 | Education shall provide for the voluntary registration and | ||||||
21 | recognition of
non-public
elementary and secondary schools.
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22 | (b) Registration. All non-public elementary and secondary |
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1 | schools in the
State
of
Illinois may voluntarily register with | ||||||
2 | the State Board of Education on an
annual basis. Registration | ||||||
3 | shall
be completed
in conformance with procedures prescribed | ||||||
4 | by the State Board of Education.
Information
required for | ||||||
5 | registration shall include assurances of compliance (i) with
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6 | federal
and State
laws regarding health examination and | ||||||
7 | immunization, attendance, length of term,
and
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8 | nondiscrimination , including assurances that the school will | ||||||
9 | not prohibit hairstyles historically associated with race, | ||||||
10 | ethnicity, or hair texture, including, but not limited to, | ||||||
11 | protective hairstyles such as braids, locks, and twists, and | ||||||
12 | (ii) with applicable fire and health safety requirements.
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13 | (c) Recognition. All non-public elementary and secondary | ||||||
14 | schools in the
State of
Illinois may voluntarily seek the | ||||||
15 | status of "Non-public School Recognition"
from
the State
Board | ||||||
16 | of Education. This status may be obtained by compliance with
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17 | administrative
guidelines and review procedures as prescribed | ||||||
18 | by the State Board of Education.
The
guidelines and procedures | ||||||
19 | must recognize that some of the aims and the
financial bases of
| ||||||
20 | non-public schools are different from public schools and will | ||||||
21 | not be identical
to those for
public schools, nor will they be | ||||||
22 | more burdensome. The guidelines and procedures
must
also | ||||||
23 | recognize the diversity of non-public schools and shall not | ||||||
24 | impinge upon
the
noneducational relationships between those | ||||||
25 | schools and their clientele.
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26 | (c-5) Prohibition against recognition. A non-public |
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1 | elementary or secondary school may not obtain "Non-public | ||||||
2 | School Recognition" status unless the school requires all | ||||||
3 | certified and non-certified applicants for employment with the | ||||||
4 | school, after July 1, 2007, to authorize a fingerprint-based | ||||||
5 | criminal history records check as a condition of employment to | ||||||
6 | determine if such applicants have been convicted of any of the | ||||||
7 | enumerated criminal or drug offenses set forth in Section | ||||||
8 | 21B-80 of this Code or have been convicted, within 7 years of | ||||||
9 | the application for employment, of any other felony under the | ||||||
10 | laws of this State or of any offense committed or attempted in | ||||||
11 | any other state or against the laws of the United States that, | ||||||
12 | if committed or attempted in this State, would have been | ||||||
13 | punishable as a felony under the laws of this State. | ||||||
14 | Authorization for the check shall be furnished by the | ||||||
15 | applicant to the school, except that if the applicant is a | ||||||
16 | substitute teacher seeking employment in more than one | ||||||
17 | non-public school, a teacher seeking concurrent part-time | ||||||
18 | employment positions with more than one non-public school (as | ||||||
19 | a reading specialist, special education teacher, or | ||||||
20 | otherwise), or an educational support personnel employee | ||||||
21 | seeking employment positions with more than one non-public | ||||||
22 | school, then only one of the non-public schools employing the | ||||||
23 | individual shall request the authorization. Upon receipt of | ||||||
24 | this authorization, the non-public school shall submit the | ||||||
25 | applicant's name, sex, race, date of birth, social security | ||||||
26 | number, fingerprint images, and other identifiers, as |
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1 | prescribed by the Department of State Police, to the | ||||||
2 | Department of State Police. | ||||||
3 | The Department of State Police and Federal Bureau of | ||||||
4 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
5 | criminal history records check, records of convictions, | ||||||
6 | forever and hereafter, until expunged, to the president or | ||||||
7 | principal of the non-public school that requested the check. | ||||||
8 | The Department of State Police shall charge that school a fee | ||||||
9 | for conducting such check, which fee must be deposited into | ||||||
10 | the State Police Services Fund and must not exceed the cost of | ||||||
11 | the inquiry. Subject to appropriations for these purposes, the | ||||||
12 | State Superintendent of Education shall reimburse non-public | ||||||
13 | schools for fees paid to obtain criminal history records | ||||||
14 | checks under this Section. | ||||||
15 | A non-public school may not obtain recognition status | ||||||
16 | unless the school also performs a check of the Statewide Sex | ||||||
17 | Offender Database, as authorized by the Sex Offender Community | ||||||
18 | Notification Law, for each applicant for employment, after | ||||||
19 | July 1, 2007, to determine whether the applicant has been | ||||||
20 | adjudicated a sex offender. | ||||||
21 | Any information concerning the record of convictions | ||||||
22 | obtained by a non-public school's president or principal under | ||||||
23 | this Section is confidential and may be disseminated only to | ||||||
24 | the governing body of the non-public school or any other | ||||||
25 | person necessary to the decision of hiring the applicant for | ||||||
26 | employment. A copy of the record of convictions obtained from |
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1 | the Department of State Police shall be provided to the | ||||||
2 | applicant for employment. Upon a check of the Statewide Sex | ||||||
3 | Offender Database, the non-public school shall notify the | ||||||
4 | applicant as to whether or not the applicant has been | ||||||
5 | identified in the Sex Offender Database as a sex offender. Any | ||||||
6 | information concerning the records of conviction obtained by | ||||||
7 | the non-public school's president or principal under this | ||||||
8 | Section for a substitute teacher seeking employment in more | ||||||
9 | than one non-public school, a teacher seeking concurrent | ||||||
10 | part-time employment positions with more than one non-public | ||||||
11 | school (as a reading specialist, special education teacher, or | ||||||
12 | otherwise), or an educational support personnel employee | ||||||
13 | seeking employment positions with more than one non-public | ||||||
14 | school may be shared with another non-public school's | ||||||
15 | principal or president to which the applicant seeks | ||||||
16 | employment. Any unauthorized release of confidential | ||||||
17 | information may be a violation of Section 7 of the Criminal | ||||||
18 | Identification Act. | ||||||
19 | No non-public school may obtain recognition status that | ||||||
20 | knowingly employs a person, hired after July 1, 2007, for whom | ||||||
21 | a Department of State Police and Federal Bureau of | ||||||
22 | Investigation fingerprint-based criminal history records check | ||||||
23 | and a Statewide Sex Offender Database check has not been | ||||||
24 | initiated or who has been convicted of any offense enumerated | ||||||
25 | in Section 21B-80 of this Code or any offense committed or | ||||||
26 | attempted in any other state or against the laws of the United |
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1 | States that, if committed or attempted in this State, would | ||||||
2 | have been punishable as one or more of those offenses. No | ||||||
3 | non-public school may obtain recognition status under this | ||||||
4 | Section that knowingly employs a person who has been found to | ||||||
5 | be the perpetrator of sexual or physical abuse of a minor under | ||||||
6 | 18 years of age pursuant to proceedings under Article II of the | ||||||
7 | Juvenile Court Act of 1987. | ||||||
8 | In order to obtain recognition status under this Section, | ||||||
9 | a non-public school must require compliance with the | ||||||
10 | provisions of this subsection (c-5) from all employees of | ||||||
11 | persons or firms holding contracts with the school, including, | ||||||
12 | but not limited to, food service workers, school bus drivers, | ||||||
13 | and other transportation employees, who have direct, daily | ||||||
14 | contact with pupils. Any information concerning the records of | ||||||
15 | conviction or identification as a sex offender of any such | ||||||
16 | employee obtained by the non-public school principal or | ||||||
17 | president must be promptly reported to the school's governing | ||||||
18 | body.
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19 | Prior to the commencement of any student teaching | ||||||
20 | experience or required internship (which is referred to as | ||||||
21 | student teaching in this Section) in any non-public elementary | ||||||
22 | or secondary school that has obtained or seeks to obtain | ||||||
23 | recognition status under this Section, a student teacher is | ||||||
24 | required to authorize a fingerprint-based criminal history | ||||||
25 | records check. Authorization for and payment of the costs of | ||||||
26 | the check must be furnished by the student teacher to the chief |
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1 | administrative officer of the non-public school where the | ||||||
2 | student teaching is to be completed. Upon receipt of this | ||||||
3 | authorization and payment, the chief administrative officer of | ||||||
4 | the non-public school shall submit the student teacher's name, | ||||||
5 | sex, race, date of birth, social security number, fingerprint | ||||||
6 | images, and other identifiers, as prescribed by the Department | ||||||
7 | of State Police, to the Department of State Police. The | ||||||
8 | Department of State Police and the Federal Bureau of | ||||||
9 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
10 | criminal history records check, records of convictions, | ||||||
11 | forever and hereinafter, until expunged, to the chief | ||||||
12 | administrative officer of the non-public school that requested | ||||||
13 | the check. The Department of State Police shall charge the | ||||||
14 | school a fee for conducting the check, which fee must be passed | ||||||
15 | on to the student teacher, must not exceed the cost of the | ||||||
16 | inquiry, and must be deposited into the State Police Services | ||||||
17 | Fund. The school shall further perform a check of the | ||||||
18 | Statewide Sex Offender Database, as authorized by the Sex | ||||||
19 | Offender Community Notification Law, and of the Statewide | ||||||
20 | Murderer and Violent Offender Against Youth Database, as | ||||||
21 | authorized by the Murderer and Violent Offender Against Youth | ||||||
22 | Registration Act, for each student teacher. No school that has | ||||||
23 | obtained or seeks to obtain recognition status under this | ||||||
24 | Section may knowingly allow a person to student teach for whom | ||||||
25 | a criminal history records check, a Statewide Sex Offender | ||||||
26 | Database check, and a Statewide Murderer and Violent Offender |
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1 | Against Youth Database check have not been completed and | ||||||
2 | reviewed by the chief administrative officer of the non-public | ||||||
3 | school. | ||||||
4 | A copy of the record of convictions obtained from the | ||||||
5 | Department of State Police must be provided to the student | ||||||
6 | teacher. Any information concerning the record of convictions | ||||||
7 | obtained by the chief administrative officer of the non-public | ||||||
8 | school is confidential and may be transmitted only to the | ||||||
9 | chief administrative officer of the non-public school or his | ||||||
10 | or her designee, the State Superintendent of Education, the | ||||||
11 | State Educator Preparation and Licensure Board, or, for | ||||||
12 | clarification purposes, the Department of State Police or the | ||||||
13 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
14 | Violent Offender Against Youth Database. Any unauthorized | ||||||
15 | release of confidential information may be a violation of | ||||||
16 | Section 7 of the Criminal Identification Act. | ||||||
17 | No school that has obtained or seeks to obtain recognition | ||||||
18 | status under this Section may knowingly allow a person to | ||||||
19 | student teach who has been convicted of any offense that would | ||||||
20 | subject him or her to license suspension or revocation | ||||||
21 | pursuant to Section 21B-80 of this Code or who has been found | ||||||
22 | to be the perpetrator of sexual or physical abuse of a minor | ||||||
23 | under 18 years of age pursuant to proceedings under Article II | ||||||
24 | of the Juvenile Court Act of 1987. | ||||||
25 | Any school that has obtained or seeks to obtain | ||||||
26 | recognition status under this Section may not prohibit |
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1 | hairstyles historically associated with race, ethnicity, or | ||||||
2 | hair texture, including, but not limited to, protective | ||||||
3 | hairstyles such as braids, locks, and twists. | ||||||
4 | (d) Public purposes. The provisions of this Section are in | ||||||
5 | the public
interest, for
the public benefit, and serve secular | ||||||
6 | public purposes.
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7 | (e) Definition. For purposes of this Section, a non-public | ||||||
8 | school means any
non-profit, non-home-based, and non-public | ||||||
9 | elementary or secondary school that
is
in
compliance with | ||||||
10 | Title VI of the Civil Rights Act of 1964 and attendance at
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11 | which
satisfies the requirements of Section 26-1 of this Code.
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12 | (Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15 .)
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13 | (105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
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14 | Sec. 10-22.25b. School uniforms. The school board may | ||||||
15 | adopt a school
uniform or dress code
policy that governs all or | ||||||
16 | certain individual attendance centers
and that is necessary to | ||||||
17 | maintain the orderly process of a school
function or prevent | ||||||
18 | endangerment of student health or safety.
A school uniform or | ||||||
19 | dress code policy adopted by
a school board: (i) shall not be | ||||||
20 | applied in such manner as to discipline or
deny attendance to a | ||||||
21 | transfer student or any other student for noncompliance
with | ||||||
22 | that policy during
such period of time as is reasonably | ||||||
23 | necessary to enable the student to acquire
a school uniform or | ||||||
24 | otherwise comply with the dress code policy that is in
effect | ||||||
25 | at the attendance center or in the district into which the |
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1 | student's
enrollment is transferred; and (ii) shall include | ||||||
2 | criteria and procedures under
which the school board will | ||||||
3 | accommodate the needs of or otherwise provide
appropriate | ||||||
4 | resources to assist a student from an indigent family in | ||||||
5 | complying
with an applicable school uniform or dress code | ||||||
6 | policy ; and (iii) shall not include or apply to hairstyles, | ||||||
7 | including hairstyles historically associated with race, | ||||||
8 | ethnicity, or hair texture, including, but not limited to, | ||||||
9 | protective hairstyles such as braids, locks, and twists . A | ||||||
10 | student whose
parents or legal guardians object on religious | ||||||
11 | grounds to the student's
compliance with an applicable school
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12 | uniform or dress code policy shall not be required to comply | ||||||
13 | with that policy
if the student's parents or legal guardians | ||||||
14 | present to the school board a
signed statement of objection | ||||||
15 | detailing the grounds for the objection.
This Section applies | ||||||
16 | to school boards of all
districts, including special charter | ||||||
17 | districts and districts organized under
Article 34. If a | ||||||
18 | school board does not comply with the requirements and | ||||||
19 | prohibitions set forth in this Section, the school district is | ||||||
20 | subject to the penalty imposed pursuant to subsection (a) of | ||||||
21 | Section 2-3.25.
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22 | By no later than July 1, 2022, the State Board of Education | ||||||
23 | shall make available to schools resource materials developed | ||||||
24 | in consultation with stakeholders regarding hairstyles, | ||||||
25 | including hairstyles historically associated with race, | ||||||
26 | ethnicity, or hair texture, including, but not limited to, |
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1 | protective hairstyles such as braids, locks, and twists. The | ||||||
2 | State Board of Education shall make the resource materials | ||||||
3 | available on its Internet website. | ||||||
4 | (Source: P.A. 89-610, eff. 8-6-96.)
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5 | (105 ILCS 5/27A-5)
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6 | Sec. 27A-5. Charter school; legal entity; requirements.
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7 | (a) A charter school shall be a public, nonsectarian, | ||||||
8 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
9 | school shall be organized and operated
as a nonprofit | ||||||
10 | corporation or other discrete, legal, nonprofit entity
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11 | authorized under the laws of the State of Illinois.
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12 | (b) A charter school may be established under this Article | ||||||
13 | by creating a new
school or by converting an existing public | ||||||
14 | school or attendance center to
charter
school status.
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15 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
16 | 93-3), in all new
applications to establish
a charter
school | ||||||
17 | in a city having a population exceeding 500,000, operation of | ||||||
18 | the
charter
school shall be limited to one campus. The changes | ||||||
19 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
20 | schools existing or approved on or before April 16, 2003 (the
| ||||||
21 | effective date of Public Act 93-3). | ||||||
22 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
23 | a cyber school where students engage in online curriculum and | ||||||
24 | instruction via the Internet and electronic communication with | ||||||
25 | their teachers at remote locations and with students |
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1 | participating at different times. | ||||||
2 | From April 1, 2013 through December 31, 2016, there is a | ||||||
3 | moratorium on the establishment of charter schools with | ||||||
4 | virtual-schooling components in school districts other than a | ||||||
5 | school district organized under Article 34 of this Code. This | ||||||
6 | moratorium does not apply to a charter school with | ||||||
7 | virtual-schooling components existing or approved prior to | ||||||
8 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
9 | school with virtual-schooling components already approved | ||||||
10 | prior to April 1, 2013.
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11 | (c) A charter school shall be administered and governed by | ||||||
12 | its board of
directors or other governing body
in the manner | ||||||
13 | provided in its charter. The governing body of a charter | ||||||
14 | school
shall be subject to the Freedom of Information Act and | ||||||
15 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
16 | after the effective date of Public Act 101-291), a charter | ||||||
17 | school's board of directors or other governing body must | ||||||
18 | include at least one parent or guardian of a pupil currently | ||||||
19 | enrolled in the charter school who may be selected through the | ||||||
20 | charter school or a charter network election, appointment by | ||||||
21 | the charter school's board of directors or other governing | ||||||
22 | body, or by the charter school's Parent Teacher Organization | ||||||
23 | or its equivalent. | ||||||
24 | (c-5) No later than January 1, 2021 (one year after the | ||||||
25 | effective date of Public Act 101-291) or within the first year | ||||||
26 | of his or her first term, every voting member of a charter |
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1 | school's board of directors or other governing body shall | ||||||
2 | complete a minimum of 4 hours of professional development | ||||||
3 | leadership training to ensure that each member has sufficient | ||||||
4 | familiarity with the board's or governing body's role and | ||||||
5 | responsibilities, including financial oversight and | ||||||
6 | accountability of the school, evaluating the principal's and | ||||||
7 | school's performance, adherence to the Freedom of Information | ||||||
8 | Act and the Open Meetings Act, and compliance with education | ||||||
9 | and labor law. In each subsequent year of his or her term, a | ||||||
10 | voting member of a charter school's board of directors or | ||||||
11 | other governing body shall complete a minimum of 2 hours of | ||||||
12 | professional development training in these same areas. The | ||||||
13 | training under this subsection may be provided or certified by | ||||||
14 | a statewide charter school membership association or may be | ||||||
15 | provided or certified by other qualified providers approved by | ||||||
16 | the State Board of Education.
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17 | (d) For purposes of this subsection (d), "non-curricular | ||||||
18 | health and safety requirement" means any health and safety | ||||||
19 | requirement created by statute or rule to provide, maintain, | ||||||
20 | preserve, or safeguard safe or healthful conditions for | ||||||
21 | students and school personnel or to eliminate, reduce, or | ||||||
22 | prevent threats to the health and safety of students and | ||||||
23 | school personnel. "Non-curricular health and safety | ||||||
24 | requirement" does not include any course of study or | ||||||
25 | specialized instructional requirement for which the State | ||||||
26 | Board has established goals and learning standards or which is |
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1 | designed primarily to impart knowledge and skills for students | ||||||
2 | to master and apply as an outcome of their education. | ||||||
3 | A charter school shall comply with all non-curricular | ||||||
4 | health and safety
requirements applicable to public schools | ||||||
5 | under the laws of the State of
Illinois. On or before September | ||||||
6 | 1, 2015, the State Board shall promulgate and post on its | ||||||
7 | Internet website a list of non-curricular health and safety | ||||||
8 | requirements that a charter school must meet. The list shall | ||||||
9 | be updated annually no later than September 1. Any charter | ||||||
10 | contract between a charter school and its authorizer must | ||||||
11 | contain a provision that requires the charter school to follow | ||||||
12 | the list of all non-curricular health and safety requirements | ||||||
13 | promulgated by the State Board and any non-curricular health | ||||||
14 | and safety requirements added by the State Board to such list | ||||||
15 | during the term of the charter. Nothing in this subsection (d) | ||||||
16 | precludes an authorizer from including non-curricular health | ||||||
17 | and safety requirements in a charter school contract that are | ||||||
18 | not contained in the list promulgated by the State Board, | ||||||
19 | including non-curricular health and safety requirements of the | ||||||
20 | authorizing local school board.
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21 | (e) Except as otherwise provided in the School Code, a | ||||||
22 | charter school shall
not charge tuition; provided that a | ||||||
23 | charter school may charge reasonable fees
for textbooks, | ||||||
24 | instructional materials, and student activities.
| ||||||
25 | (f) A charter school shall be responsible for the | ||||||
26 | management and operation
of its fiscal affairs including,
but |
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| |||||||
1 | not limited to, the preparation of its budget. An audit of each | ||||||
2 | charter
school's finances shall be conducted annually by an | ||||||
3 | outside, independent
contractor retained by the charter | ||||||
4 | school. To ensure financial accountability for the use of | ||||||
5 | public funds, on or before December 1 of every year of | ||||||
6 | operation, each charter school shall submit to its authorizer | ||||||
7 | and the State Board a copy of its audit and a copy of the Form | ||||||
8 | 990 the charter school filed that year with the federal | ||||||
9 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
10 | proper financial oversight of the charter school, an | ||||||
11 | authorizer may require quarterly financial statements from | ||||||
12 | each charter school.
| ||||||
13 | (g) A charter school shall comply with all provisions of | ||||||
14 | this Article, the Illinois Educational Labor Relations Act, | ||||||
15 | all federal and State laws and rules applicable to public | ||||||
16 | schools that pertain to special education and the instruction | ||||||
17 | of English learners, and
its charter. A charter
school is | ||||||
18 | exempt from all other State laws and regulations in this Code
| ||||||
19 | governing public
schools and local school board policies; | ||||||
20 | however, a charter school is not exempt from the following:
| ||||||
21 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
22 | regarding criminal
history records checks and checks of | ||||||
23 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
24 | and Violent Offender Against Youth Database of applicants | ||||||
25 | for employment;
| ||||||
26 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
| |||||||
| |||||||
1 | 34-84a of this Code regarding discipline of
students;
| ||||||
2 | (3) the Local Governmental and Governmental Employees | ||||||
3 | Tort Immunity Act;
| ||||||
4 | (4) Section 108.75 of the General Not For Profit | ||||||
5 | Corporation Act of 1986
regarding indemnification of | ||||||
6 | officers, directors, employees, and agents;
| ||||||
7 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
8 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
9 | subsection (b) of Section 34-18.6 of this Code; | ||||||
10 | (6) the Illinois School Student Records Act;
| ||||||
11 | (7) Section 10-17a of this Code regarding school | ||||||
12 | report cards;
| ||||||
13 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
14 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
15 | prevention; | ||||||
16 | (10) Section 2-3.162 of this Code regarding student | ||||||
17 | discipline reporting; | ||||||
18 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
19 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
20 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
21 | (14) Section 26-18 of this Code; | ||||||
22 | (15) Section 22-30 of this Code; | ||||||
23 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
24 | (17) the Seizure Smart School Act; and | ||||||
25 | (18) Section 2-3.64a-10 of this Code ; and . | ||||||
26 | (19) Section 10-22.25b of this Code. |
| |||||||
| |||||||
1 | The change made by Public Act 96-104 to this subsection | ||||||
2 | (g) is declaratory of existing law. | ||||||
3 | (h) A charter school may negotiate and contract with a | ||||||
4 | school district, the
governing body of a State college or | ||||||
5 | university or public community college, or
any other public or | ||||||
6 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
7 | school building and grounds or any other real property or | ||||||
8 | facilities that
the charter school desires to use or convert | ||||||
9 | for use as a charter school site,
(ii) the operation and | ||||||
10 | maintenance thereof, and
(iii) the provision of any service, | ||||||
11 | activity, or undertaking that the charter
school is required | ||||||
12 | to perform in order to carry out the terms of its charter.
| ||||||
13 | However, a charter school
that is established on
or
after | ||||||
14 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
15 | operates
in a city having a population exceeding
500,000 may | ||||||
16 | not contract with a for-profit entity to
manage or operate the | ||||||
17 | school during the period that commences on April 16, 2003 (the
| ||||||
18 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
19 | the 2004-2005 school year.
Except as provided in subsection | ||||||
20 | (i) of this Section, a school district may
charge a charter | ||||||
21 | school reasonable rent for the use of the district's
| ||||||
22 | buildings, grounds, and facilities. Any services for which a | ||||||
23 | charter school
contracts
with a school district shall be | ||||||
24 | provided by the district at cost. Any services
for which a | ||||||
25 | charter school contracts with a local school board or with the
| ||||||
26 | governing body of a State college or university or public |
| |||||||
| |||||||
1 | community college
shall be provided by the public entity at | ||||||
2 | cost.
| ||||||
3 | (i) In no event shall a charter school that is established | ||||||
4 | by converting an
existing school or attendance center to | ||||||
5 | charter school status be required to
pay rent for space
that is | ||||||
6 | deemed available, as negotiated and provided in the charter | ||||||
7 | agreement,
in school district
facilities. However, all other | ||||||
8 | costs for the operation and maintenance of
school district | ||||||
9 | facilities that are used by the charter school shall be | ||||||
10 | subject
to negotiation between
the charter school and the | ||||||
11 | local school board and shall be set forth in the
charter.
| ||||||
12 | (j) A charter school may limit student enrollment by age | ||||||
13 | or grade level.
| ||||||
14 | (k) If the charter school is approved by the State Board or | ||||||
15 | Commission, then the charter school is its own local education | ||||||
16 | agency. | ||||||
17 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
18 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
19 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
20 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
21 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | ||||||
22 | 3-8-21.)
| ||||||
23 | (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
| ||||||
24 | Sec. 34-2.3. Local school councils - Powers and duties. | ||||||
25 | Each local school
council shall have and exercise, consistent |
| |||||||
| |||||||
1 | with the provisions of
this Article and the powers and duties | ||||||
2 | of
the board of education, the following powers and duties:
| ||||||
3 | 1. (A) To annually evaluate the performance of the | ||||||
4 | principal of the
attendance
center
using a Board approved | ||||||
5 | principal evaluation form, which shall include the
evaluation | ||||||
6 | of
(i) student academic improvement, as defined by the
school | ||||||
7 | improvement plan, (ii)
student absenteeism rates
at the | ||||||
8 | school, (iii) instructional leadership, (iv) the effective
| ||||||
9 | implementation of
programs, policies, or strategies to improve | ||||||
10 | student academic achievement,
(v) school management, and (vi) | ||||||
11 | any other factors deemed relevant by the local
school council, | ||||||
12 | including, without limitation, the principal's communication
| ||||||
13 | skills and ability to create and maintain a student-centered | ||||||
14 | learning
environment, to develop opportunities for | ||||||
15 | professional development, and to
encourage parental | ||||||
16 | involvement and community partnerships to achieve school
| ||||||
17 | improvement;
| ||||||
18 | (B) to determine in the manner provided by subsection (c) | ||||||
19 | of Section
34-2.2 and subdivision 1.5 of this Section whether | ||||||
20 | the performance contract
of the principal shall be
renewed; | ||||||
21 | and
| ||||||
22 | (C) to directly select, in the manner provided by
| ||||||
23 | subsection (c) of
Section 34-2.2, a new principal (including a | ||||||
24 | new principal to fill a
vacancy)
-- without submitting any | ||||||
25 | list of candidates for that position to the
general | ||||||
26 | superintendent as provided in paragraph 2 of this Section -- |
| |||||||
| |||||||
1 | to
serve under a 4 year performance contract; provided that | ||||||
2 | (i) the determination
of whether the principal's performance | ||||||
3 | contract is to be renewed, based upon
the evaluation required | ||||||
4 | by subdivision 1.5 of this Section, shall be made no
later than | ||||||
5 | 150 days prior to the expiration of the current | ||||||
6 | performance-based
contract of the principal, (ii) in cases | ||||||
7 | where such performance
contract is not renewed -- a
direct | ||||||
8 | selection
of a
new principal -- to serve under a 4 year | ||||||
9 | performance contract shall be made by
the local school council | ||||||
10 | no later than 45 days prior to the expiration of the
current | ||||||
11 | performance contract of the principal, and (iii) a
selection | ||||||
12 | by
the local school council of a new principal to fill a | ||||||
13 | vacancy under a 4 year
performance contract shall be made | ||||||
14 | within 90 days after the date such vacancy
occurs. A Council | ||||||
15 | shall be required, if requested by the principal, to provide
| ||||||
16 | in writing the reasons for the council's not renewing the | ||||||
17 | principal's contract.
| ||||||
18 | 1.5. The local school council's determination of whether | ||||||
19 | to renew the
principal's contract shall be based on an | ||||||
20 | evaluation to assess the educational
and administrative | ||||||
21 | progress made at the school during the principal's current
| ||||||
22 | performance-based contract. The local school council shall | ||||||
23 | base its evaluation
on (i) student academic improvement, as | ||||||
24 | defined by the school improvement plan,
(ii) student | ||||||
25 | absenteeism rates at the school, (iii) instructional | ||||||
26 | leadership,
(iv) the effective implementation of programs, |
| |||||||
| |||||||
1 | policies, or strategies to
improve student academic | ||||||
2 | achievement, (v) school management, and (vi) any
other factors | ||||||
3 | deemed relevant by the local school council, including, | ||||||
4 | without
limitation, the principal's communication skills and | ||||||
5 | ability to create and
maintain a student-centered learning | ||||||
6 | environment, to develop opportunities for
professional | ||||||
7 | development, and to encourage parental involvement and | ||||||
8 | community
partnerships to achieve school improvement. If a | ||||||
9 | local school council
fails to renew the performance contract | ||||||
10 | of a principal rated by the general
superintendent, or his or | ||||||
11 | her designee, in the previous years' evaluations as
meeting or | ||||||
12 | exceeding expectations, the principal, within 15 days after | ||||||
13 | the
local school council's decision not to renew the contract, | ||||||
14 | may request a review
of the
local school council's principal | ||||||
15 | non-retention decision by a hearing officer
appointed by the | ||||||
16 | American Arbitration Association. A local school council
| ||||||
17 | member or members or the general superintendent may support | ||||||
18 | the principal's
request for review.
During the period of the | ||||||
19 | hearing officer's review of the local school
council's | ||||||
20 | decision on
whether or not to retain the principal, the local | ||||||
21 | school council shall maintain
all authority
to search for and | ||||||
22 | contract with a person to serve
as interim or acting
| ||||||
23 | principal, or as the
principal of the attendance center under | ||||||
24 | a 4-year performance contract,
provided that any performance | ||||||
25 | contract entered into by the local school council
shall be | ||||||
26 | voidable
or
modified in accordance with the decision of the |
| |||||||
| |||||||
1 | hearing officer.
The principal may request review only once | ||||||
2 | while at that
attendance center. If a local school council | ||||||
3 | renews the contract of a
principal who failed to obtain a | ||||||
4 | rating of "meets" or "exceeds expectations" in
the general | ||||||
5 | superintendent's evaluation for the previous year, the general | ||||||
6 | superintendent,
within 15
days after the local
school | ||||||
7 | council's decision to renew the contract,
may request a review | ||||||
8 | of
the local school council's principal retention decision by | ||||||
9 | a hearing officer
appointed by the American Arbitration | ||||||
10 | Association. The general superintendent may request a review | ||||||
11 | only
once
for that principal at that attendance center. All | ||||||
12 | requests to review the
retention or non-retention of a | ||||||
13 | principal shall be submitted to the general
superintendent, | ||||||
14 | who shall, in turn, forward such requests, within 14 days of
| ||||||
15 | receipt, to the American Arbitration Association.
The general | ||||||
16 | superintendent shall send a contemporaneous copy of the | ||||||
17 | request
that was forwarded to the American Arbitration | ||||||
18 | Association to the principal and
to each local school council | ||||||
19 | member and shall inform the local school council
of its rights | ||||||
20 | and responsibilities under the arbitration process, including | ||||||
21 | the
local school council's right to representation and the | ||||||
22 | manner and process by
which the Board shall pay the costs of | ||||||
23 | the council's representation.
If the local school council | ||||||
24 | retains the
principal and the general superintendent requests | ||||||
25 | a review of the retention
decision, the local school council | ||||||
26 | and the general
superintendent shall be considered parties to |
| |||||||
| |||||||
1 | the arbitration, a hearing officer shall
be
chosen between | ||||||
2 | those 2
parties pursuant to procedures promulgated by the | ||||||
3 | State Board of Education,
and the principal may retain counsel | ||||||
4 | and participate in the arbitration. If the local school | ||||||
5 | council does not retain the principal and
the principal | ||||||
6 | requests a review of the retention decision, the local school
| ||||||
7 | council and the principal shall be considered parties to the
| ||||||
8 | arbitration and a hearing
officer shall be chosen between | ||||||
9 | those 2 parties pursuant to procedures
promulgated by the | ||||||
10 | State Board of Education.
The hearing shall begin (i)
within | ||||||
11 | 45 days
after the initial request for review is submitted by | ||||||
12 | the principal to the
general superintendent or (ii) if the
| ||||||
13 | initial request for
review is made by the general | ||||||
14 | superintendent, within 45 days after that request
is mailed
to | ||||||
15 | the American Arbitration Association.
The hearing officer | ||||||
16 | shall render a
decision within 45
days after the hearing | ||||||
17 | begins and within 90 days after the initial request
for | ||||||
18 | review.
The Board shall contract with the American
Arbitration | ||||||
19 | Association for all of the hearing officer's reasonable and
| ||||||
20 | necessary costs. In addition, the Board shall pay any | ||||||
21 | reasonable costs
incurred by a local school council for | ||||||
22 | representation before a hearing
officer.
| ||||||
23 | 1.10. The hearing officer shall conduct a hearing, which | ||||||
24 | shall include (i)
a review of the principal's performance, | ||||||
25 | evaluations, and other evidence of
the principal's service at | ||||||
26 | the school, (ii) reasons provided by the local
school council |
| |||||||
| |||||||
1 | for its decision, and (iii) documentation evidencing views of
| ||||||
2 | interested persons, including,
without limitation, students, | ||||||
3 | parents, local school council members, school
faculty and | ||||||
4 | staff, the principal, the general superintendent or his or her
| ||||||
5 | designee, and members of the community. The burden of proof in | ||||||
6 | establishing
that the local school council's decision was | ||||||
7 | arbitrary and capricious shall be
on the party requesting the | ||||||
8 | arbitration, and this party shall sustain the
burden by a | ||||||
9 | preponderance of the evidence.
The hearing officer shall set | ||||||
10 | the
local school council decision aside if that decision, in | ||||||
11 | light of the record
developed at the hearing, is arbitrary and | ||||||
12 | capricious. The decision of the
hearing officer may not be | ||||||
13 | appealed to the Board or the State Board of
Education. If the | ||||||
14 | hearing officer decides that the principal shall be
retained, | ||||||
15 | the retention period shall not exceed 2 years.
| ||||||
16 | 2. In the event (i) the local school council does not renew | ||||||
17 | the
performance contract of the principal, or the principal | ||||||
18 | fails to receive a
satisfactory rating as provided in | ||||||
19 | subsection (h) of Section 34-8.3,
or the principal is
removed | ||||||
20 | for cause during the term of his or her performance contract
in | ||||||
21 | the manner provided by Section 34-85, or a vacancy in the | ||||||
22 | position
of principal otherwise occurs prior to the expiration | ||||||
23 | of the term of
a principal's performance contract, and (ii) | ||||||
24 | the local school council
fails to directly select a new | ||||||
25 | principal to serve under a 4 year performance
contract,
the | ||||||
26 | local school council in such event shall submit to the general
|
| |||||||
| |||||||
1 | superintendent a list of 3 candidates -- listed in the local | ||||||
2 | school
council's order of preference -- for the position of | ||||||
3 | principal, one of
which shall be selected by the general | ||||||
4 | superintendent to serve as
principal of the attendance center. | ||||||
5 | If the general superintendent
fails or refuses to select one | ||||||
6 | of the candidates on the list to serve as
principal within 30 | ||||||
7 | days after being furnished with the candidate list,
the | ||||||
8 | general superintendent shall select and place a principal on | ||||||
9 | an interim
basis (i) for a period not to exceed one year or | ||||||
10 | (ii) until the local school
council selects a new principal | ||||||
11 | with 7 affirmative votes as
provided in subsection (c) of | ||||||
12 | Section 34-2.2, whichever occurs first. If the
local school | ||||||
13 | council
fails or refuses to select and appoint a new | ||||||
14 | principal, as specified by
subsection (c) of Section 34-2.2, | ||||||
15 | the general superintendent may select and
appoint a new | ||||||
16 | principal on an interim basis for
an additional year or until a | ||||||
17 | new contract principal is selected by the local
school | ||||||
18 | council. There shall be no discrimination on the basis of
| ||||||
19 | race, sex, creed, color or
disability unrelated to ability to | ||||||
20 | perform in
connection with the submission of candidates for, | ||||||
21 | and the selection of a
candidate to serve as principal of an | ||||||
22 | attendance center. No person shall
be directly selected, | ||||||
23 | listed as a candidate for, or selected to serve as
principal of | ||||||
24 | an attendance center (i) if such person has been removed for | ||||||
25 | cause
from employment by the Board or (ii) if such person does | ||||||
26 | not hold a valid
administrative certificate issued or |
| |||||||
| |||||||
1 | exchanged under Article 21 and
endorsed as required by that | ||||||
2 | Article for the position of principal. A
principal whose | ||||||
3 | performance contract is not renewed as provided under
| ||||||
4 | subsection (c) of Section 34-2.2 may nevertheless, if | ||||||
5 | otherwise qualified
and certified as herein provided
and if he | ||||||
6 | or she has received a satisfactory rating as provided in | ||||||
7 | subsection
(h) of Section 34-8.3, be included by a local | ||||||
8 | school council as
one of the 3 candidates listed in order of | ||||||
9 | preference on any candidate list
from which one person is to be | ||||||
10 | selected to serve as principal of the
attendance center under | ||||||
11 | a new performance contract. The initial candidate
list | ||||||
12 | required to be submitted by a local school council to the | ||||||
13 | general
superintendent in cases where the local school council | ||||||
14 | does not renew the
performance contract of its principal and | ||||||
15 | does not directly select a new
principal to serve under a 4 | ||||||
16 | year performance contract shall be submitted
not later than
30 | ||||||
17 | days prior to the expiration of the current performance | ||||||
18 | contract. In
cases where the local school council fails or | ||||||
19 | refuses to submit the candidate
list to the general | ||||||
20 | superintendent no later than 30 days prior to the
expiration | ||||||
21 | of the incumbent principal's contract, the general | ||||||
22 | superintendent
may
appoint a principal on an interim basis for | ||||||
23 | a period not to exceed one year,
during which time the local | ||||||
24 | school council shall be able to select a new
principal with 7 | ||||||
25 | affirmative votes as provided in subsection (c) of Section
| ||||||
26 | 34-2.2. In cases where a principal is removed for cause or a
|
| |||||||
| |||||||
1 | vacancy otherwise occurs in the position of principal and the | ||||||
2 | vacancy is
not filled by direct selection by the local school | ||||||
3 | council, the candidate
list shall be submitted by the local | ||||||
4 | school council to the general
superintendent within 90 days | ||||||
5 | after the date such
removal or
vacancy occurs.
In cases where | ||||||
6 | the local school council fails or refuses to submit the
| ||||||
7 | candidate list to the general superintendent within 90 days | ||||||
8 | after the date of
the vacancy, the general superintendent may | ||||||
9 | appoint a principal on an interim
basis for a period of one | ||||||
10 | year, during which time the local school council
shall be able | ||||||
11 | to select a new principal with 7 affirmative votes as provided | ||||||
12 | in
subsection (c) of Section 34-2.2.
| ||||||
13 | 2.5. Whenever a vacancy in the office of a principal | ||||||
14 | occurs for any reason,
the vacancy shall be filled in the | ||||||
15 | manner provided by this Section by the
selection of a new | ||||||
16 | principal to serve under a 4 year performance contract.
| ||||||
17 | 3. To establish additional criteria
to be included as part | ||||||
18 | of
the
performance contract of its principal, provided that | ||||||
19 | such additional
criteria shall not discriminate on the basis | ||||||
20 | of race, sex, creed, color
or
disability unrelated to ability | ||||||
21 | to perform, and shall not be inconsistent
with the uniform 4 | ||||||
22 | year performance contract for principals developed by
the | ||||||
23 | board as provided in Section 34-8.1 of the School Code
or with | ||||||
24 | other provisions of this Article governing the
authority and | ||||||
25 | responsibility of principals.
| ||||||
26 | 4. To approve the expenditure plan prepared by the |
| |||||||
| |||||||
1 | principal with
respect to all funds allocated and distributed | ||||||
2 | to the attendance center by
the Board. The expenditure plan | ||||||
3 | shall be administered by the principal.
Notwithstanding any | ||||||
4 | other provision of this Act or any other law, any
expenditure | ||||||
5 | plan approved and
administered under this Section 34-2.3 shall | ||||||
6 | be consistent with and subject to
the terms of any contract for | ||||||
7 | services with a third party entered into by the
Chicago School | ||||||
8 | Reform Board of Trustees or the board under this Act.
| ||||||
9 | Via a supermajority vote of 7 members of the local school | ||||||
10 | council or 8
members of a high school local school council, the | ||||||
11 | Council may transfer
allocations pursuant to Section 34-2.3 | ||||||
12 | within funds; provided that such a
transfer is consistent with | ||||||
13 | applicable law and
collective bargaining
agreements.
| ||||||
14 | Beginning in fiscal year 1991 and in each fiscal year
| ||||||
15 | thereafter, the
Board may reserve up to 1% of its total fiscal | ||||||
16 | year budget for
distribution
on a prioritized basis to schools | ||||||
17 | throughout the school system in order to
assure adequate | ||||||
18 | programs to meet the needs of
special student populations as | ||||||
19 | determined by the Board. This distribution
shall take into | ||||||
20 | account the needs catalogued in the Systemwide Plan and the
| ||||||
21 | various local school improvement plans of the local school | ||||||
22 | councils.
Information about these centrally funded programs | ||||||
23 | shall be distributed to
the local school councils so that | ||||||
24 | their subsequent planning and programming
will account for | ||||||
25 | these provisions.
| ||||||
26 | Beginning in fiscal year 1991 and in each fiscal year |
| |||||||
| |||||||
1 | thereafter, from
other amounts available in the applicable | ||||||
2 | fiscal year budget, the board
shall allocate a lump sum amount | ||||||
3 | to each local school based upon
such formula as the board shall | ||||||
4 | determine taking into account the special needs
of the student | ||||||
5 | body. The local school
principal shall develop an expenditure | ||||||
6 | plan in consultation with the local
school council, the | ||||||
7 | professional personnel leadership
committee and with all
other | ||||||
8 | school personnel, which reflects the
priorities and activities | ||||||
9 | as described in the school's local school
improvement plan and | ||||||
10 | is consistent with applicable law and collective
bargaining | ||||||
11 | agreements and with board policies and standards; however, the
| ||||||
12 | local school council shall have the right to request waivers | ||||||
13 | of board policy
from the board of education and waivers of | ||||||
14 | employee collective bargaining
agreements pursuant to Section | ||||||
15 | 34-8.1a.
| ||||||
16 | The expenditure plan developed by the principal with | ||||||
17 | respect to
amounts available from the fund for prioritized | ||||||
18 | special needs programs
and the allocated lump sum amount must | ||||||
19 | be approved by the local school council.
| ||||||
20 | The lump sum allocation shall take into account the
| ||||||
21 | following principles:
| ||||||
22 | a. Teachers: Each school shall be allocated funds | ||||||
23 | equal to the
amount appropriated in the previous school | ||||||
24 | year for compensation for
teachers (regular grades | ||||||
25 | kindergarten through 12th grade) plus whatever
increases | ||||||
26 | in compensation have been negotiated contractually or |
| |||||||
| |||||||
1 | through
longevity as provided in the negotiated agreement. | ||||||
2 | Adjustments shall be
made due to layoff or reduction in | ||||||
3 | force, lack of funds or work, change in
subject | ||||||
4 | requirements, enrollment changes, or contracts with third
| ||||||
5 | parties for the performance of services or to rectify
any | ||||||
6 | inconsistencies with system-wide allocation formulas or | ||||||
7 | for other
legitimate reasons.
| ||||||
8 | b. Other personnel: Funds for other teacher | ||||||
9 | certificated and
uncertificated personnel paid through | ||||||
10 | non-categorical funds shall be
provided according to | ||||||
11 | system-wide formulas based on student enrollment and
the | ||||||
12 | special needs of the school as determined by the Board.
| ||||||
13 | c. Non-compensation items: Appropriations for all | ||||||
14 | non-compensation items
shall be based on system-wide | ||||||
15 | formulas based on student enrollment and
on the special | ||||||
16 | needs of the school or factors related to the physical
| ||||||
17 | plant, including but not limited to textbooks, electronic | ||||||
18 | textbooks and the technological equipment necessary to | ||||||
19 | gain access to and use electronic textbooks, supplies, | ||||||
20 | electricity,
equipment, and routine maintenance.
| ||||||
21 | d. Funds for categorical programs: Schools shall | ||||||
22 | receive personnel
and funds based on, and shall use such | ||||||
23 | personnel and funds in accordance
with State and Federal | ||||||
24 | requirements applicable to each
categorical program
| ||||||
25 | provided to meet the special needs of the student body | ||||||
26 | (including but not
limited to, Federal Chapter I, |
| |||||||
| |||||||
1 | Bilingual, and Special Education).
| ||||||
2 | d.1. Funds for State Title I: Each school shall | ||||||
3 | receive
funds based on State and Board requirements | ||||||
4 | applicable to each State
Title I pupil provided to meet | ||||||
5 | the special needs of the student body. Each
school shall | ||||||
6 | receive the proportion of funds as provided in Section | ||||||
7 | 18-8 or 18-8.15 to
which they are entitled. These funds | ||||||
8 | shall be spent only with the
budgetary approval of the | ||||||
9 | Local School Council as provided in Section 34-2.3.
| ||||||
10 | e. The Local School Council shall have the right to | ||||||
11 | request the
principal to close positions and open new ones | ||||||
12 | consistent with the
provisions of the local school | ||||||
13 | improvement plan provided that these
decisions are | ||||||
14 | consistent with applicable law and
collective bargaining
| ||||||
15 | agreements. If a position is closed, pursuant to this | ||||||
16 | paragraph, the local
school shall have for its use the | ||||||
17 | system-wide average compensation for the
closed position.
| ||||||
18 | f. Operating within existing laws and
collective | ||||||
19 | bargaining agreements,
the local school council shall have | ||||||
20 | the right to direct the principal to
shift expenditures | ||||||
21 | within funds.
| ||||||
22 | g. (Blank).
| ||||||
23 | Any funds unexpended at the end of the fiscal year shall be | ||||||
24 | available to
the board of education for use as part of its | ||||||
25 | budget for the following
fiscal year.
| ||||||
26 | 5. To make recommendations to the principal concerning |
| |||||||
| |||||||
1 | textbook
selection and concerning curriculum developed | ||||||
2 | pursuant to the school
improvement plan which is consistent | ||||||
3 | with systemwide curriculum objectives
in accordance with | ||||||
4 | Sections 34-8 and 34-18 of the School Code and in
conformity | ||||||
5 | with the collective bargaining agreement.
| ||||||
6 | 6. To advise the principal concerning the attendance and
| ||||||
7 | disciplinary policies for the attendance center, subject to | ||||||
8 | the provisions
of this Article and Article 26, and consistent | ||||||
9 | with the uniform system of
discipline established by the board | ||||||
10 | pursuant to Section 34-19.
| ||||||
11 | 7. To approve a school improvement plan developed as | ||||||
12 | provided in Section
34-2.4. The process and schedule for plan | ||||||
13 | development shall be publicized
to the entire school | ||||||
14 | community, and the community shall be afforded the
opportunity | ||||||
15 | to make recommendations concerning the plan. At least twice a
| ||||||
16 | year the principal and
local
school council shall report | ||||||
17 | publicly on
progress and problems with respect to plan | ||||||
18 | implementation.
| ||||||
19 | 8. To evaluate the allocation of teaching resources and | ||||||
20 | other
certificated and uncertificated staff to the attendance | ||||||
21 | center to determine
whether such allocation is consistent with | ||||||
22 | and in furtherance of
instructional objectives and school | ||||||
23 | programs reflective of the school
improvement plan adopted for | ||||||
24 | the attendance center; and to make
recommendations to the | ||||||
25 | board, the general superintendent
and the
principal concerning | ||||||
26 | any reallocation of teaching resources
or other staff whenever |
| |||||||
| |||||||
1 | the council determines that any such
reallocation is | ||||||
2 | appropriate because the qualifications of any existing
staff | ||||||
3 | at the attendance center do not adequately match or support
| ||||||
4 | instructional objectives or school programs which reflect the | ||||||
5 | school
improvement plan.
| ||||||
6 | 9. To make recommendations to the principal and the | ||||||
7 | general superintendent
concerning their respective | ||||||
8 | appointments, after August 31, 1989, and in the
manner | ||||||
9 | provided by Section 34-8 and Section 34-8.1,
of persons to | ||||||
10 | fill any vacant, additional or newly created
positions for | ||||||
11 | teachers at the attendance center or at attendance centers
| ||||||
12 | which include the attendance center served by the local school | ||||||
13 | council.
| ||||||
14 | 10. To request of the Board the manner in which training | ||||||
15 | and
assistance shall be provided to the local school council. | ||||||
16 | Pursuant to Board
guidelines a local school council is | ||||||
17 | authorized to direct
the Board of Education to contract with | ||||||
18 | personnel or not-for-profit
organizations not associated with | ||||||
19 | the school district to train or assist
council members. If | ||||||
20 | training or assistance is provided by contract with
personnel | ||||||
21 | or organizations not associated with the school district, the
| ||||||
22 | period of training or assistance shall not exceed 30 hours | ||||||
23 | during a given
school year; person shall not be employed on a | ||||||
24 | continuous basis longer than
said period and shall not have | ||||||
25 | been employed by the Chicago Board of
Education within the | ||||||
26 | preceding six months. Council members shall receive
training |
| |||||||
| |||||||
1 | in at least the following areas:
| ||||||
2 | 1. school budgets;
| ||||||
3 | 2. educational theory pertinent to the attendance | ||||||
4 | center's particular
needs, including the development of | ||||||
5 | the school improvement plan and the
principal's | ||||||
6 | performance contract; and
| ||||||
7 | 3. personnel selection.
| ||||||
8 | Council members shall, to the greatest extent possible, | ||||||
9 | complete such
training within 90 days of election.
| ||||||
10 | 11. In accordance with systemwide guidelines contained in | ||||||
11 | the
System-Wide Educational Reform Goals and Objectives Plan, | ||||||
12 | criteria for
evaluation of performance shall be established | ||||||
13 | for local school councils
and local school council members. If | ||||||
14 | a local school council persists in
noncompliance with | ||||||
15 | systemwide requirements, the Board may impose sanctions
and | ||||||
16 | take necessary corrective action, consistent with Section | ||||||
17 | 34-8.3.
| ||||||
18 | 12. Each local school council shall comply with the Open | ||||||
19 | Meetings Act and
the Freedom of Information Act. Each local | ||||||
20 | school council shall issue and
transmit to its school | ||||||
21 | community a detailed annual report accounting for
its | ||||||
22 | activities programmatically and financially. Each local school | ||||||
23 | council
shall convene at least 2 well-publicized meetings | ||||||
24 | annually with its entire
school community. These meetings | ||||||
25 | shall include presentation of the
proposed local school | ||||||
26 | improvement plan, of the proposed school expenditure
plan, and |
| |||||||
| |||||||
1 | the annual report, and shall provide an opportunity for public
| ||||||
2 | comment.
| ||||||
3 | 13. Each local school council is encouraged to involve | ||||||
4 | additional
non-voting members of the school community in | ||||||
5 | facilitating the council's
exercise of its responsibilities.
| ||||||
6 | 14. The local school council may adopt a school
uniform or | ||||||
7 | dress
code policy that governs the attendance center and that | ||||||
8 | is
necessary to maintain the orderly process of a school | ||||||
9 | function or prevent
endangerment of student health or safety, | ||||||
10 | consistent with the policies and
rules of the Board of | ||||||
11 | Education.
A school uniform or dress code policy adopted
by a | ||||||
12 | local school council: (i) shall not be applied in such manner | ||||||
13 | as to
discipline or deny attendance to a transfer student or | ||||||
14 | any other student for
noncompliance with that
policy during | ||||||
15 | such period of time as is reasonably necessary to enable the
| ||||||
16 | student to acquire a school uniform or otherwise comply with | ||||||
17 | the dress code
policy that is in effect at the attendance | ||||||
18 | center into which the student's
enrollment is transferred; and | ||||||
19 | (ii) shall include criteria and procedures under
which the | ||||||
20 | local school council will accommodate the needs of or | ||||||
21 | otherwise
provide
appropriate resources to assist a student | ||||||
22 | from an indigent family in complying
with an applicable school | ||||||
23 | uniform or dress code policy ; and (iii) shall not include or | ||||||
24 | apply to hairstyles, including hairstyles historically | ||||||
25 | associated with race, ethnicity, or hair texture, including, | ||||||
26 | but not limited to, protective hairstyles such as braids, |
| |||||||
| |||||||
1 | locks, and twists .
A student whose parents or legal guardians | ||||||
2 | object on religious grounds to the
student's compliance with | ||||||
3 | an applicable school uniform or dress code policy
shall not be | ||||||
4 | required to comply with that policy if the student's parents | ||||||
5 | or
legal guardians present to the local school council a | ||||||
6 | signed statement of
objection detailing the grounds for the | ||||||
7 | objection. If a local school council does not comply with the | ||||||
8 | requirements and prohibitions set forth in this paragraph 14, | ||||||
9 | the attendance center is subject to the penalty imposed | ||||||
10 | pursuant to subsection (a) of Section 2-3.25.
| ||||||
11 | 15. All decisions made and actions taken by the local | ||||||
12 | school council in
the exercise of its powers and duties shall | ||||||
13 | comply with State and federal
laws, all applicable collective | ||||||
14 | bargaining agreements, court orders and
rules properly | ||||||
15 | promulgated by the Board.
| ||||||
16 | 15a. To grant, in accordance with board rules and | ||||||
17 | policies,
the use of assembly halls and classrooms when not | ||||||
18 | otherwise needed,
including lighting, heat, and attendants, | ||||||
19 | for public lectures, concerts, and
other educational and | ||||||
20 | social activities.
| ||||||
21 | 15b. To approve, in accordance with board rules and | ||||||
22 | policies, receipts and
expenditures for all internal accounts | ||||||
23 | of the
attendance center, and to approve all fund-raising | ||||||
24 | activities by nonschool
organizations that use the school | ||||||
25 | building.
| ||||||
26 | 16. (Blank).
|
| |||||||
| |||||||
1 | 17. Names and addresses of local school council members | ||||||
2 | shall
be a matter of public record.
| ||||||
3 | (Source: P.A. 100-465, eff. 8-31-17.)
| ||||||
4 | Section 99. Effective date. This Act takes effect January | ||||||
5 | 1, 2022.
|