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