Bill Text: IL SB3361 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the introduced bill with the following change. In provisions concerning the registration and recognition of non-public elementary and secondary schools, provides that a non-public, sectarian school that has registered or seeks to register or that has obtained or seeks to obtain recognition status is not subject to the requirements of the provisions that restrict a school's ability to adopt, enforce, or apply policies regarding religious hairstyles, hair-related religious practices, or facial hair worn in accordance with a student's or employee's sincerely held religious beliefs, observance, or practice. Effective immediately.

Sponsorship: Partisan Bill (Democrat 9)

Status: (Passed) 2026-07-31 - Public Act . . . . . . . . . 104-0723 [SB3361 Detail]

Download: Illinois-2025-SB3361-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Religious
Hair and Facial Hair Protections Act. This Act may also be
referred to as the Jett Hawkins Law.
Section 5. The School Code is amended by changing Sections
2-3.25o, 10-22.25b, and 34-2.3 as follows:
(105 ILCS 5/2-3.25o)
Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
(a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities" and (ii) that the educational development of every
school student serves the public purposes of the State. In
order to ensure that all Illinois students and teachers have
the opportunity to enroll and work in State-approved
educational institutions and programs, the State Board of
Education shall provide for the voluntary registration and
recognition of non-public elementary and secondary schools.

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(b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed
by the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and
immunization, attendance, length of term, and
nondiscrimination, including assurances that the school will
not prohibit hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists, or
religious hairstyles, hair-related religious practices, or
facial hair worn in accordance with a student's or employee's
sincerely held religious beliefs, observance, or practice,
including, but not limited to, uncut hair or sidelocks (known
as payot or peyos), or beards, mustaches, or other facial
hair, and (ii) with applicable fire and health safety
requirements.
(c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of

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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.
(c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in Section
21B-80 of this Code or have been convicted, within 7 years of
the application for employment, of any other felony under the
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or

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otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school, then only one of the non-public schools employing the
individual shall request the authorization. Upon receipt of
this authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police.
The Illinois 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 Illinois 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, and the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer

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and Violent Offender Against Youth Registration Act, for each
applicant for employment, after July 1, 2007, to determine
whether the applicant has been adjudicated of a sex offense or
of a murder or other violent crime against youth. The checks of
the Statewide Sex Offender Database and the Statewide Murderer
and Violent Offender Against Youth Database must be conducted
by the non-public school once for every 5 years that an
applicant remains employed by the non-public school.
Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Illinois 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

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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
an Illinois State Police and Federal Bureau of Investigation
fingerprint-based criminal history records check and a
Statewide Sex Offender Database check has not been initiated
or who has been convicted of any offense enumerated in Section
21B-80 of this Code or any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as one or more of those offenses. No non-public
school may obtain recognition status under this Section that
knowingly employs a person who has been found to be the
perpetrator of sexual or physical abuse of a minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
In order to obtain recognition status under this Section,
a non-public school must require compliance with the
provisions of this subsection (c-5) from all employees of
persons or firms holding contracts with the school, including,
but not limited to, food service workers, school bus drivers,

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and other transportation employees, who have direct, daily
contact with pupils. Any information concerning the records of
conviction or identification as a sex offender of any such
employee obtained by the non-public school principal or
president must be promptly reported to the school's governing
body.
Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, a student teacher is
required to authorize a fingerprint-based criminal history
records check. Authorization for and payment of the costs of
the check must be furnished by the student teacher to the chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Illinois
State Police, to the Illinois State Police. The Illinois 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 Illinois State

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Police shall charge the school a fee for conducting the check,
which fee must be passed on to the student teacher, must not
exceed the cost of the inquiry, and must be deposited into the
State Police Services Fund. The school shall further perform a
check of the Statewide Sex Offender Database, as authorized by
the Sex Offender Community Notification Law, and of the
Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school that has obtained or seeks to obtain recognition status
under this Section may knowingly allow a person to student
teach for whom a criminal history records check, a Statewide
Sex Offender Database check, and a Statewide Murderer and
Violent Offender Against Youth Database check have not been
completed and reviewed by the chief administrative officer of
the non-public school.
A copy of the record of convictions obtained from the
Illinois 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 Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and

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Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
No school that has obtained or seeks to obtain recognition
status under this Section may knowingly allow a person to
student teach who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code or who has been found
to be the perpetrator of sexual or physical abuse of a minor
under 18 years of age pursuant to proceedings under Article II
of the Juvenile Court Act of 1987.
Any school that has obtained or seeks to obtain
recognition status under this Section may not prohibit
hairstyles historically associated with race, ethnicity, or
hair texture, including, but not limited to, protective
hairstyles such as braids, locks, and twists, or religious
hairstyles, hair-related religious practices, or facial hair
worn in accordance with a student's or employee's sincerely
held religious beliefs, observance, or practice, including,
but not limited to, uncut hair or sidelocks (known as payot or
peyos), or beards, mustaches, or other facial hair.
(c-10) Exemption. Notwithstanding any other provision of
this Section to the contrary, a non-public, sectarian school
that has registered or seeks to register under this Section or
that has obtained or seeks to obtain recognition status under
this Section is not subject to those requirements of this

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Section that restrict a school's ability to adopt, enforce, or
apply policies regarding religious hairstyles, hair-related
religious practices, or facial hair worn in accordance with a
student's or employee's sincerely held religious beliefs,
observance, or practice.
(d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
(e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with
Title VI of the Civil Rights Act of 1964 and attendance at
which satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 103-111, eff. 6-29-23; 103-605, eff.
7-1-24.)
(105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
Sec. 10-22.25b. School uniforms.
(a) In this Section, "religious hairstyles, hair-related
religious practices, or facial hair" means hair length, hair
arrangement, head hair, or facial hair maintained, worn, or
displayed in accordance with a student's sincerely held
religious beliefs, observance, or practice, including, but not
limited to, uncut hair, sidelocks (known as payot or peyos),
or beards, mustaches, or other facial hair.

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(b) The school board may adopt a school uniform or dress
code policy that governs all or certain individual attendance
centers and that is necessary to maintain the orderly process
of a school function or prevent endangerment of student health
or safety. A school uniform or dress code policy adopted by a
school board: (i) shall not be applied in such manner as to
discipline or deny attendance to a transfer student or any
other student for noncompliance with that policy during such
period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center or in the district into which the student's enrollment
is transferred; (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; (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, or religious hairstyles, hair-related religious
practices, or facial hair worn in accordance with a student's
sincerely held religious beliefs, observance, or practice,
including, but not limited to, uncut hair or sidelocks (known
as payot or peyos), or beards, mustaches, or other facial
hair; and (iv) shall not prohibit the right of a student to

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wear or accessorize the student's graduation attire with items
associated with the student's cultural, ethnic, or religious
identity or any other protected characteristic or category
identified in subsection (Q) of Section 1-103 of the Illinois
Human Rights Act.
Nothing in item (iii) of this subsection (b) prohibits a
school from requiring that hair or facial hair be secured,
covered, or otherwise controlled during a specific activity if
necessary to prevent endangerment of student health or safety,
as long as the requirement is applied in the least restrictive
manner practicable and does not require cutting, shaving, or
other permanent alteration.
(c) A student whose parents or legal guardians object on
religious grounds to the student's compliance with an
applicable school uniform or dress code policy shall not be
required to comply with that policy if the student's parents
or legal guardians present to the school board a signed
statement of objection detailing the grounds for the
objection. This Section applies to school boards of all
districts, including special charter districts and districts
organized under Article 34. If a school board does not comply
with the requirements and prohibitions set forth in this
Section, the school district is subject to the penalty imposed
pursuant to subsection (a) of Section 2-3.25.
(d) The By no later than July 1, 2022, the State Board of
Education shall make available to schools resource materials

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developed in consultation with stakeholders regarding
hairstyles, including hairstyles historically associated with
race, ethnicity, or hair texture, including, but not limited
to, protective hairstyles such as braids, locks, and twists,
and regarding religious hairstyles, hair-related religious
practices, or facial hair worn in accordance with a student's
sincerely held religious beliefs, observance, or practice. The
State Board of Education shall make the resource materials
available on its Internet website.
(Source: P.A. 102-360, eff. 1-1-22; 103-463, eff. 8-4-23.)
(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
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

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the local school council, including, without limitation,
the principal's communication skills and ability to create
and maintain a student-centered learning environment, to
develop opportunities for professional development, and to
encourage parental involvement and community partnerships
to achieve school improvement;
(B) to determine in the manner provided by subsection
(c) of Section 34-2.2 and subdivision 1.5 of this Section
whether the performance contract of the principal shall be
renewed; and
(C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal
(including a new principal to fill a vacancy) -- without
submitting any list of candidates for that position to the
general superintendent as provided in subdivision
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

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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 4 year performance
contract shall be made within 90 days after the date such
vacancy occurs. A council 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

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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

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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

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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

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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 4 year performance contract, the
local school council in such event shall submit to the
general superintendent a list of 3 candidates -- listed in

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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

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Professional Educator License issued under Article 21B 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 licensed 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 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

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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 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 4 year performance

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contract for principals developed by the board as provided
in Section 34-8.1 of this 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 Code 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 Code Act.
Via a supermajority vote of 8 members of a local
school council enrolling students through the 8th grade or
9 members of a local school council at a secondary
attendance center or an attendance center enrolling
students in grades 7 through 12, the Council may transfer
allocations pursuant to this 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

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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.

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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
licensed and nonlicensed 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

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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 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 Local
School Council as provided in Section 34-2.3.
e. The local school council Local School Council
shall have the right to request the principal to close

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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 this 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,

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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 licensed and nonlicensed 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

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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; the 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

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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.

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14. In this subdivision 14, "religious hairstyles,
hair-related religious practices, or facial hair" has the
meaning given to that term in Section 10-22.25b.
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;
(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; (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, or religious

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hairstyles, hair-related religious practices, or facial
hair worn in accordance with a student's sincerely held
religious beliefs, observance, or practice, including, but
not limited to, uncut hair or sidelocks (known as payot or
peyos), or beards, mustaches, or other facial hair; and
(iv) shall not prohibit the right of a student to wear or
accessorize the student's graduation attire with items
associated with the student's cultural, ethnic, or
religious identity or any other protected characteristic
or category identified in subsection (Q) of Section 1-103
of the Illinois Human Rights Act.
Nothing in item (iii) of this subdivision 14 prohibits
a school from requiring that hair or facial hair be
secured, covered, or otherwise controlled during a
specific activity if necessary to prevent endangerment of
student health or safety, as long as the requirement is
applied in the least restrictive manner practicable and
does not require cutting, shaving, or other permanent
alteration.
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

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not comply with the requirements and prohibitions set
forth in this subdivision paragraph 14, the attendance
center is subject to the penalty imposed pursuant to
subsection (a) of Section 2-3.25.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties
shall comply with State and federal laws, all applicable
collective bargaining agreements, court orders, and rules
properly promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when
not otherwise needed, including lighting, heat, and
attendants, for public lectures, concerts, and other
educational and social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal
accounts of the attendance center, and to approve all
fund-raising activities by nonschool organizations that
use the school building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
102-894, eff. 5-20-22; 103-463, eff. 8-4-23; revised 6-27-25.)
Section 99. Effective date. This Act takes effect upon
becoming law.