SB 3361

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Full Text of SB3361
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	SB3361 - 104th General Assembly
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		SB3361 Enrolled		LRB104 19075 LNS 32520 b
1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Religious
5Hair and Facial Hair Protections Act. This Act may also be
6referred to as the Jett Hawkins Law.
7    Section 5. The School Code is amended by changing Sections
82-3.25o, 10-22.25b, and 34-2.3 as follows:
9    (105 ILCS 5/2-3.25o)
10    Sec. 2-3.25o. Registration and recognition of non-public
11elementary and secondary schools.
12    (a) Findings. The General Assembly finds and declares (i)
13that the Constitution of the State of Illinois provides that a
14"fundamental goal of the People of the State is the
15educational development of all persons to the limits of their
16capacities" and (ii) that the educational development of every
17school student serves the public purposes of the State. In
18order to ensure that all Illinois students and teachers have
19the opportunity to enroll and work in State-approved
20educational institutions and programs, the State Board of
21Education shall provide for the voluntary registration and
22recognition of non-public elementary and secondary schools.
		SB3361 Enrolled	- 2 -	LRB104 19075 LNS 32520 b
1    (b) Registration. All non-public elementary and secondary
2schools in the State of Illinois may voluntarily register with
3the State Board of Education on an annual basis. Registration
4shall be completed in conformance with procedures prescribed
5by the State Board of Education. Information required for
6registration shall include assurances of compliance (i) with
7federal and State laws regarding health examination and
8immunization, attendance, length of term, and
9nondiscrimination, including assurances that the school will
10not prohibit hairstyles historically associated with race,
11ethnicity, or hair texture, including, but not limited to,
12protective hairstyles such as braids, locks, and twists, or 
13religious hairstyles, hair-related religious practices, or 
14facial hair worn in accordance with a student's or employee's 
15sincerely held religious beliefs, observance, or practice, 
16including, but not limited to, uncut hair or sidelocks (known 
17as payot or peyos), or beards, mustaches, or other facial 
18hair, and (ii) with applicable fire and health safety
19requirements.
20    (c) Recognition. All non-public elementary and secondary
21schools in the State of Illinois may voluntarily seek the
22status of "Non-public School Recognition" from the State Board
23of Education. This status may be obtained by compliance with
24administrative guidelines and review procedures as prescribed
25by the State Board of Education. The guidelines and procedures
26must recognize that some of the aims and the financial bases of
		SB3361 Enrolled	- 3 -	LRB104 19075 LNS 32520 b
1non-public schools are different from public schools and will
2not be identical to those for public schools, nor will they be
3more burdensome. The guidelines and procedures must also
4recognize the diversity of non-public schools and shall not
5impinge upon the noneducational relationships between those
6schools and their clientele.
7    (c-5) Prohibition against recognition. A non-public
8elementary or secondary school may not obtain "Non-public
9School Recognition" status unless the school requires all
10certified and non-certified applicants for employment with the
11school, after July 1, 2007, to authorize a fingerprint-based
12criminal history records check as a condition of employment to
13determine if such applicants have been convicted of any of the
14enumerated criminal or drug offenses set forth in Section
1521B-80 of this Code or have been convicted, within 7 years of
16the application for employment, of any other felony under the
17laws of this State or of any offense committed or attempted in
18any other state or against the laws of the United States that,
19if committed or attempted in this State, would have been
20punishable as a felony under the laws of this State.
21    Authorization for the check shall be furnished by the
22applicant to the school, except that if the applicant is a
23substitute teacher seeking employment in more than one
24non-public school, a teacher seeking concurrent part-time
25employment positions with more than one non-public school (as
26a reading specialist, special education teacher, or
		SB3361 Enrolled	- 4 -	LRB104 19075 LNS 32520 b
1otherwise), or an educational support personnel employee
2seeking employment positions with more than one non-public
3school, then only one of the non-public schools employing the
4individual shall request the authorization. Upon receipt of
5this authorization, the non-public school shall submit the
6applicant's name, sex, race, date of birth, social security
7number, fingerprint images, and other identifiers, as
8prescribed by the Illinois State Police, to the Illinois State
9Police.
10    The Illinois State Police and Federal Bureau of
11Investigation shall furnish, pursuant to a fingerprint-based
12criminal history records check, records of convictions,
13forever and hereafter, until expunged, to the president or
14principal of the non-public school that requested the check.
15The Illinois State Police shall charge that school a fee for
16conducting such check, which fee must be deposited into the
17State Police Services Fund and must not exceed the cost of the
18inquiry. Subject to appropriations for these purposes, the
19State Superintendent of Education shall reimburse non-public
20schools for fees paid to obtain criminal history records
21checks under this Section.
22    A non-public school may not obtain recognition status
23unless the school also performs a check of the Statewide Sex
24Offender Database, as authorized by the Sex Offender Community
25Notification Law, and the Statewide Murderer and Violent
26Offender Against Youth Database, as authorized by the Murderer
		SB3361 Enrolled	- 5 -	LRB104 19075 LNS 32520 b
1and Violent Offender Against Youth Registration Act, for each
2applicant for employment, after July 1, 2007, to determine
3whether the applicant has been adjudicated of a sex offense or
4of a murder or other violent crime against youth. The checks of
5the Statewide Sex Offender Database and the Statewide Murderer
6and Violent Offender Against Youth Database must be conducted
7by the non-public school once for every 5 years that an
8applicant remains employed by the non-public school.
9    Any information concerning the record of convictions
10obtained by a non-public school's president or principal under
11this Section is confidential and may be disseminated only to
12the governing body of the non-public school or any other
13person necessary to the decision of hiring the applicant for
14employment. A copy of the record of convictions obtained from
15the Illinois State Police shall be provided to the applicant
16for employment. Upon a check of the Statewide Sex Offender
17Database, the non-public school shall notify the applicant as
18to whether or not the applicant has been identified in the Sex
19Offender Database as a sex offender. Any information
20concerning the records of conviction obtained by the
21non-public school's president or principal under this Section
22for a substitute teacher seeking employment in more than one
23non-public school, a teacher seeking concurrent part-time
24employment positions with more than one non-public school (as
25a reading specialist, special education teacher, or
26otherwise), or an educational support personnel employee
		SB3361 Enrolled	- 6 -	LRB104 19075 LNS 32520 b
1seeking employment positions with more than one non-public
2school may be shared with another non-public school's
3principal or president to which the applicant seeks
4employment. Any unauthorized release of confidential
5information may be a violation of Section 7 of the Criminal
6Identification Act.
7    No non-public school may obtain recognition status that
8knowingly employs a person, hired after July 1, 2007, for whom
9an Illinois State Police and Federal Bureau of Investigation
10fingerprint-based criminal history records check and a
11Statewide Sex Offender Database check has not been initiated
12or who has been convicted of any offense enumerated in Section
1321B-80 of this Code or any offense committed or attempted in
14any other state or against the laws of the United States that,
15if committed or attempted in this State, would have been
16punishable as one or more of those offenses. No non-public
17school may obtain recognition status under this Section that
18knowingly employs a person who has been found to be the
19perpetrator of sexual or physical abuse of a minor under 18
20years of age pursuant to proceedings under Article II of the
21Juvenile Court Act of 1987.
22    In order to obtain recognition status under this Section,
23a non-public school must require compliance with the
24provisions of this subsection (c-5) from all employees of
25persons or firms holding contracts with the school, including,
26but not limited to, food service workers, school bus drivers,
		SB3361 Enrolled	- 7 -	LRB104 19075 LNS 32520 b
1and other transportation employees, who have direct, daily
2contact with pupils. Any information concerning the records of
3conviction or identification as a sex offender of any such
4employee obtained by the non-public school principal or
5president must be promptly reported to the school's governing
6body.
7    Prior to the commencement of any student teaching
8experience or required internship (which is referred to as
9student teaching in this Section) in any non-public elementary
10or secondary school that has obtained or seeks to obtain
11recognition status under this Section, a student teacher is
12required to authorize a fingerprint-based criminal history
13records check. Authorization for and payment of the costs of
14the check must be furnished by the student teacher to the chief
15administrative officer of the non-public school where the
16student teaching is to be completed. Upon receipt of this
17authorization and payment, the chief administrative officer of
18the non-public school shall submit the student teacher's name,
19sex, race, date of birth, social security number, fingerprint
20images, and other identifiers, as prescribed by the Illinois
21State Police, to the Illinois State Police. The Illinois State
22Police and the Federal Bureau of Investigation shall furnish,
23pursuant to a fingerprint-based criminal history records
24check, records of convictions, forever and hereinafter, until
25expunged, to the chief administrative officer of the
26non-public school that requested the check. The Illinois State
		SB3361 Enrolled	- 8 -	LRB104 19075 LNS 32520 b
1Police shall charge the school a fee for conducting the check,
2which fee must be passed on to the student teacher, must not
3exceed the cost of the inquiry, and must be deposited into the
4State Police Services Fund. The school shall further perform a
5check of the Statewide Sex Offender Database, as authorized by
6the Sex Offender Community Notification Law, and of the
7Statewide Murderer and Violent Offender Against Youth
8Database, as authorized by the Murderer and Violent Offender
9Against Youth Registration Act, for each student teacher. No
10school that has obtained or seeks to obtain recognition status
11under this Section may knowingly allow a person to student
12teach for whom a criminal history records check, a Statewide
13Sex Offender Database check, and a Statewide Murderer and
14Violent Offender Against Youth Database check have not been
15completed and reviewed by the chief administrative officer of
16the non-public school.
17    A copy of the record of convictions obtained from the
18Illinois State Police must be provided to the student teacher.
19Any information concerning the record of convictions obtained
20by the chief administrative officer of the non-public school
21is confidential and may be transmitted only to the chief
22administrative officer of the non-public school or his or her
23designee, the State Superintendent of Education, the State
24Educator Preparation and Licensure Board, or, for
25clarification purposes, the Illinois State Police or the
26Statewide Sex Offender Database or Statewide Murderer and
		SB3361 Enrolled	- 9 -	LRB104 19075 LNS 32520 b
1Violent Offender Against Youth Database. Any unauthorized
2release of confidential information may be a violation of
3Section 7 of the Criminal Identification Act.
4    No school that has obtained or seeks to obtain recognition
5status under this Section may knowingly allow a person to
6student teach who has been convicted of any offense that would
7subject him or her to license suspension or revocation
8pursuant to Section 21B-80 of this Code or who has been found
9to be the perpetrator of sexual or physical abuse of a minor
10under 18 years of age pursuant to proceedings under Article II
11of the Juvenile Court Act of 1987.
12    Any school that has obtained or seeks to obtain
13recognition status under this Section may not prohibit
14hairstyles historically associated with race, ethnicity, or
15hair texture, including, but not limited to, protective
16hairstyles such as braids, locks, and twists, or religious 
17hairstyles, hair-related religious practices, or facial hair 
18worn in accordance with a student's or employee's sincerely 
19held religious beliefs, observance, or practice, including, 
20but not limited to, uncut hair or sidelocks (known as payot or 
21peyos), or beards, mustaches, or other facial hair.
22    (c-10) Exemption. Notwithstanding any other provision of 
23this Section to the contrary, a non-public, sectarian school 
24that has registered or seeks to register under this Section or 
25that has obtained or seeks to obtain recognition status under 
26this Section is not subject to those requirements of this 
		SB3361 Enrolled	- 10 -	LRB104 19075 LNS 32520 b
1Section that restrict a school's ability to adopt, enforce, or 
2apply policies regarding religious hairstyles, hair-related 
3religious practices, or facial hair worn in accordance with a 
4student's or employee's sincerely held religious beliefs, 
5observance, or practice.
6    (d) Public purposes. The provisions of this Section are in
7the public interest, for the public benefit, and serve secular
8public purposes.
9    (e) Definition. For purposes of this Section, a non-public
10school means any non-profit, non-home-based, and non-public
11elementary or secondary school that is in compliance with
12Title VI of the Civil Rights Act of 1964 and attendance at
13which satisfies the requirements of Section 26-1 of this Code.
14(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
15102-813, eff. 5-13-22; 103-111, eff. 6-29-23; 103-605, eff.
167-1-24.)
17    (105 ILCS 5/10-22.25b)  (from Ch. 122, par. 10-22.25b)
18    Sec. 10-22.25b. School uniforms.
19    (a) In this Section, "religious hairstyles, hair-related 
20religious practices, or facial hair" means hair length, hair 
21arrangement, head hair, or facial hair maintained, worn, or 
22displayed in accordance with a student's sincerely held 
23religious beliefs, observance, or practice, including, but not 
24limited to, uncut hair, sidelocks (known as payot or peyos), 
25or beards, mustaches, or other facial hair.
		SB3361 Enrolled	- 11 -	LRB104 19075 LNS 32520 b
1    (b) The school board may adopt a school uniform or dress
2code policy that governs all or certain individual attendance
3centers and that is necessary to maintain the orderly process
4of a school function or prevent endangerment of student health
5or safety. A school uniform or dress code policy adopted by a
6school board: (i) shall not be applied in such manner as to
7discipline or deny attendance to a transfer student or any
8other student for noncompliance with that policy during such
9period of time as is reasonably necessary to enable the
10student to acquire a school uniform or otherwise comply with
11the dress code policy that is in effect at the attendance
12center or in the district into which the student's enrollment
13is transferred; (ii) shall include criteria and procedures
14under which the school board will accommodate the needs of or
15otherwise provide appropriate resources to assist a student
16from an indigent family in complying with an applicable school
17uniform or dress code policy; (iii) shall not include or apply
18to hairstyles, including hairstyles historically associated
19with race, ethnicity, or hair texture, including, but not
20limited to, protective hairstyles such as braids, locks, and
21twists, or religious hairstyles, hair-related religious 
22practices, or facial hair worn in accordance with a student's 
23sincerely held religious beliefs, observance, or practice, 
24including, but not limited to, uncut hair or sidelocks (known 
25as payot or peyos), or beards, mustaches, or other facial 
26hair; and (iv) shall not prohibit the right of a student to
		SB3361 Enrolled	- 12 -	LRB104 19075 LNS 32520 b
1wear or accessorize the student's graduation attire with items
2associated with the student's cultural, ethnic, or religious
3identity or any other protected characteristic or category
4identified in subsection (Q) of Section 1-103 of the Illinois
5Human Rights Act.
6    Nothing in item (iii) of this subsection (b) prohibits a 
7school from requiring that hair or facial hair be secured, 
8covered, or otherwise controlled during a specific activity if 
9necessary to prevent endangerment of student health or safety, 
10as long as the requirement is applied in the least restrictive 
11manner practicable and does not require cutting, shaving, or 
12other permanent alteration.
13    (c) A student whose parents or legal guardians object on
14religious grounds to the student's compliance with an
15applicable school uniform or dress code policy shall not be
16required to comply with that policy if the student's parents
17or legal guardians present to the school board a signed
18statement of objection detailing the grounds for the
19objection. This Section applies to school boards of all
20districts, including special charter districts and districts
21organized under Article 34. If a school board does not comply
22with the requirements and prohibitions set forth in this
23Section, the school district is subject to the penalty imposed
24pursuant to subsection (a) of Section 2-3.25.
25    (d) The [By no later than July 1, 2022, the] State Board of
26Education shall make available to schools resource materials
		SB3361 Enrolled	- 13 -	LRB104 19075 LNS 32520 b
1developed in consultation with stakeholders regarding
2hairstyles, including hairstyles historically associated with
3race, ethnicity, or hair texture, including, but not limited
4to, protective hairstyles such as braids, locks, and twists, 
5and regarding religious hairstyles, hair-related religious 
6practices, or facial hair worn in accordance with a student's 
7sincerely held religious beliefs, observance, or practice. The
8State Board of Education shall make the resource materials
9available on its Internet website.
10(Source: P.A. 102-360, eff. 1-1-22; 103-463, eff. 8-4-23.)
11    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
12    Sec. 34-2.3. Local school councils; powers and duties.
13Each local school council shall have and exercise, consistent
14with the provisions of this Article and the powers and duties
15of the board of education, the following powers and duties:
16        1. (A) To annually evaluate the performance of the
17    principal of the attendance center using a Board-approved
18    [Board approved] principal evaluation form, which shall
19    include the evaluation of (i) student academic
20    improvement, as defined by the school improvement plan,
21    (ii) student absenteeism rates at the school, (iii)
22    instructional leadership, (iv) the effective
23    implementation of programs, policies, or strategies to
24    improve student academic achievement, (v) school
25    management, and (vi) any other factors deemed relevant by
		SB3361 Enrolled	- 14 -	LRB104 19075 LNS 32520 b
1    the local school council, including, without limitation,
2    the principal's communication skills and ability to create
3    and maintain a student-centered learning environment, to
4    develop opportunities for professional development, and to
5    encourage parental involvement and community partnerships
6    to achieve school improvement;
7        (B) to determine in the manner provided by subsection
8    (c) of Section 34-2.2 and subdivision 1.5 of this Section
9    whether the performance contract of the principal shall be
10    renewed; and
11        (C) to directly select, in the manner provided by
12    subsection (c) of Section 34-2.2, a new principal
13    (including a new principal to fill a vacancy) -- without
14    submitting any list of candidates for that position to the
15    general superintendent as provided in subdivision
16    [paragraph] 2 of this Section -- to serve under a 4 year
17    performance contract; provided that (i) the determination
18    of whether the principal's performance contract is to be
19    renewed, based upon the evaluation required by subdivision
20    1.5 of this Section, shall be made no later than 150 days
21    prior to the expiration of the current performance-based
22    contract of the principal, (ii) in cases where such
23    performance contract is not renewed -- a direct selection
24    of a new principal -- to serve under a 4 year performance
25    contract shall be made by the local school council no
26    later than 45 days prior to the expiration of the current
		SB3361 Enrolled	- 15 -	LRB104 19075 LNS 32520 b
1    performance contract of the principal, and (iii) a
2    selection by the local school council of a new principal
3    to fill a vacancy under a 4-year [4 year] performance
4    contract shall be made within 90 days after the date such
5    vacancy occurs. A council [Council] shall be required, if
6    requested by the principal, to provide in writing the
7    reasons for the council's not renewing the principal's
8    contract.
9        1.5. The local school council's determination of
10    whether to renew the principal's contract shall be based
11    on an evaluation to assess the educational and
12    administrative progress made at the school during the
13    principal's current performance-based contract. The local
14    school council shall base its evaluation on (i) student
15    academic improvement, as defined by the school improvement
16    plan, (ii) student absenteeism rates at the school, (iii)
17    instructional leadership, (iv) the effective
18    implementation of programs, policies, or strategies to
19    improve student academic achievement, (v) school
20    management, and (vi) any other factors deemed relevant by
21    the local school council, including, without limitation,
22    the principal's communication skills and ability to create
23    and maintain a student-centered learning environment, to
24    develop opportunities for professional development, and to
25    encourage parental involvement and community partnerships
26    to achieve school improvement. If a local school council
		SB3361 Enrolled	- 16 -	LRB104 19075 LNS 32520 b
1    fails to renew the performance contract of a principal
2    rated by the general superintendent, or his or her
3    designee, in the previous years' evaluations as meeting or
4    exceeding expectations, the principal, within 15 days
5    after the local school council's decision not to renew the
6    contract, may request a review of the local school
7    council's principal non-retention decision by a hearing
8    officer appointed by the American Arbitration Association.
9    A local school council member or members or the general
10    superintendent may support the principal's request for
11    review. During the period of the hearing officer's review
12    of the local school council's decision on whether or not
13    to retain the principal, the local school council shall
14    maintain all authority to search for and contract with a
15    person to serve as interim or acting principal, or as the
16    principal of the attendance center under a 4-year
17    performance contract, provided that any performance
18    contract entered into by the local school council shall be
19    voidable or modified in accordance with the decision of
20    the hearing officer. The principal may request review only
21    once while at that attendance center. If a local school
22    council renews the contract of a principal who failed to
23    obtain a rating of "meets" or "exceeds expectations" in
24    the general superintendent's evaluation for the previous
25    year, the general superintendent, within 15 days after the
26    local school council's decision to renew the contract, may
		SB3361 Enrolled	- 17 -	LRB104 19075 LNS 32520 b
1    request a review of the local school council's principal
2    retention decision by a hearing officer appointed by the
3    American Arbitration Association. The general
4    superintendent may request a review only once for that
5    principal at that attendance center. All requests to
6    review the retention or non-retention of a principal shall
7    be submitted to the general superintendent, who shall, in
8    turn, forward such requests, within 14 days of receipt, to
9    the American Arbitration Association. The general
10    superintendent shall send a contemporaneous copy of the
11    request that was forwarded to the American Arbitration
12    Association to the principal and to each local school
13    council member and shall inform the local school council
14    of its rights and responsibilities under the arbitration
15    process, including the local school council's right to
16    representation and the manner and process by which the
17    Board shall pay the costs of the council's representation.
18    If the local school council retains the principal and the
19    general superintendent requests a review of the retention
20    decision, the local school council and the general
21    superintendent shall be considered parties to the
22    arbitration, a hearing officer shall be chosen between
23    those 2 parties pursuant to procedures promulgated by the
24    State Board of Education, and the principal may retain
25    counsel and participate in the arbitration. If the local
26    school council does not retain the principal and the
		SB3361 Enrolled	- 18 -	LRB104 19075 LNS 32520 b
1    principal requests a review of the retention decision, the
2    local school council and the principal shall be considered
3    parties to the arbitration and a hearing officer shall be
4    chosen between those 2 parties pursuant to procedures
5    promulgated by the State Board of Education. The hearing
6    shall begin (i) within 45 days after the initial request
7    for review is submitted by the principal to the general
8    superintendent or (ii) if the initial request for review
9    is made by the general superintendent, within 45 days
10    after that request is mailed to the American Arbitration
11    Association. The hearing officer shall render a decision
12    within 45 days after the hearing begins and within 90 days
13    after the initial request for review. The Board shall
14    contract with the American Arbitration Association for all
15    of the hearing officer's reasonable and necessary costs.
16    In addition, the Board shall pay any reasonable costs
17    incurred by a local school council for representation
18    before a hearing officer.
19        1.10. The hearing officer shall conduct a hearing,
20    which shall include (i) a review of the principal's
21    performance, evaluations, and other evidence of the
22    principal's service at the school, (ii) reasons provided
23    by the local school council for its decision, and (iii)
24    documentation evidencing views of interested persons,
25    including, without limitation, students, parents, local
26    school council members, school faculty and staff, the
		SB3361 Enrolled	- 19 -	LRB104 19075 LNS 32520 b
1    principal, the general superintendent or his or her
2    designee, and members of the community. The burden of
3    proof in establishing that the local school council's
4    decision was arbitrary and capricious shall be on the
5    party requesting the arbitration, and this party shall
6    sustain the burden by a preponderance of the evidence. The
7    hearing officer shall set the local school council
8    decision aside if that decision, in light of the record
9    developed at the hearing, is arbitrary and capricious. The
10    decision of the hearing officer may not be appealed to the
11    Board or the State Board of Education. If the hearing
12    officer decides that the principal shall be retained, the
13    retention period shall not exceed 2 years.
14        2. In the event (i) the local school council does not
15    renew the performance contract of the principal, or the
16    principal fails to receive a satisfactory rating as
17    provided in subsection (h) of Section 34-8.3, or the
18    principal is removed for cause during the term of his or
19    her performance contract in the manner provided by Section
20    34-85, or a vacancy in the position of principal otherwise
21    occurs prior to the expiration of the term of a
22    principal's performance contract, and (ii) the local
23    school council fails to directly select a new principal to
24    serve under a 4-year [4 year] performance contract, the
25    local school council in such event shall submit to the
26    general superintendent a list of 3 candidates -- listed in
		SB3361 Enrolled	- 20 -	LRB104 19075 LNS 32520 b
1    the local school council's order of preference -- for the
2    position of principal, one of which shall be selected by
3    the general superintendent to serve as principal of the
4    attendance center. If the general superintendent fails or
5    refuses to select one of the candidates on the list to
6    serve as principal within 30 days after being furnished
7    with the candidate list, the general superintendent shall
8    select and place a principal on an interim basis (i) for a
9    period not to exceed one year or (ii) until the local
10    school council selects a new principal with 7 affirmative
11    votes as provided in subsection (c) of Section 34-2.2,
12    whichever occurs first. If the local school council fails
13    or refuses to select and appoint a new principal, as
14    specified by subsection (c) of Section 34-2.2, the general
15    superintendent may select and appoint a new principal on
16    an interim basis for an additional year or until a new
17    contract principal is selected by the local school
18    council. There shall be no discrimination on the basis of
19    race, sex, creed, color, or disability unrelated to
20    ability to perform in connection with the submission of
21    candidates for, and the selection of a candidate to serve
22    as principal of an attendance center. No person shall be
23    directly selected, listed as a candidate for, or selected
24    to serve as principal of an attendance center (i) if such
25    person has been removed for cause from employment by the
26    Board or (ii) if such person does not hold a valid
		SB3361 Enrolled	- 21 -	LRB104 19075 LNS 32520 b
1    Professional Educator License issued under Article 21B and
2    endorsed as required by that Article for the position of
3    principal. A principal whose performance contract is not
4    renewed as provided under subsection (c) of Section 34-2.2
5    may nevertheless, if otherwise qualified and licensed as
6    herein provided and if he or she has received a
7    satisfactory rating as provided in subsection (h) of
8    Section 34-8.3, be included by a local school council as
9    one of the 3 candidates listed in order of preference on
10    any candidate list from which one person is to be selected
11    to serve as principal of the attendance center under a new
12    performance contract. The initial candidate list required
13    to be submitted by a local school council to the general
14    superintendent in cases where the local school council
15    does not renew the performance contract of its principal
16    and does not directly select a new principal to serve
17    under a 4-year [4 year] performance contract shall be
18    submitted not later than 30 days prior to the expiration
19    of the current performance contract. In cases where the
20    local school council fails or refuses to submit the
21    candidate list to the general superintendent no later than
22    30 days prior to the expiration of the incumbent
23    principal's contract, the general superintendent may
24    appoint a principal on an interim basis for a period not to
25    exceed one year, during which time the local school
26    council shall be able to select a new principal with 7
		SB3361 Enrolled	- 22 -	LRB104 19075 LNS 32520 b
1    affirmative votes as provided in subsection (c) of Section
2    34-2.2. In cases where a principal is removed for cause or
3    a vacancy otherwise occurs in the position of principal
4    and the vacancy is not filled by direct selection by the
5    local school council, the candidate list shall be
6    submitted by the local school council to the general
7    superintendent within 90 days after the date such removal
8    or vacancy occurs. In cases where the local school council
9    fails or refuses to submit the candidate list to the
10    general superintendent within 90 days after the date of
11    the vacancy, the general superintendent may appoint a
12    principal on an interim basis for a period of one year,
13    during which time the local school council shall be able
14    to select a new principal with 7 affirmative votes as
15    provided in subsection (c) of Section 34-2.2.
16        2.5. Whenever a vacancy in the office of a principal
17    occurs for any reason, the vacancy shall be filled in the
18    manner provided by this Section by the selection of a new
19    principal to serve under a 4-year [4 year] performance
20    contract.
21        3. To establish additional criteria to be included as
22    part of the performance contract of its principal,
23    provided that such additional criteria shall not
24    discriminate on the basis of race, sex, creed, color, or
25    disability unrelated to ability to perform, and shall not
26    be inconsistent with the uniform 4-year [4 year] performance
		SB3361 Enrolled	- 23 -	LRB104 19075 LNS 32520 b
1    contract for principals developed by the board as provided
2    in Section 34-8.1 of this [the School] Code or with other
3    provisions of this Article governing the authority and
4    responsibility of principals.
5        4. To approve the expenditure plan prepared by the
6    principal with respect to all funds allocated and
7    distributed to the attendance center by the Board. The
8    expenditure plan shall be administered by the principal.
9    Notwithstanding any other provision of this Code [Act] or
10    any other law, any expenditure plan approved and
11    administered under this Section 34-2.3 shall be consistent
12    with and subject to the terms of any contract for services
13    with a third party entered into by the Chicago School
14    Reform Board of Trustees or the board under this Code [Act].
15        Via a supermajority vote of 8 members of a local
16    school council enrolling students through the 8th grade or
17    9 members of a local school council at a secondary
18    attendance center or an attendance center enrolling
19    students in grades 7 through 12, the Council may transfer
20    allocations pursuant to this Section 34-2.3 within funds;
21    provided that such a transfer is consistent with
22    applicable law and collective bargaining agreements.
23        Beginning in fiscal year 1991 and in each fiscal year
24    thereafter, the Board may reserve up to 1% of its total
25    fiscal year budget for distribution on a prioritized basis
26    to schools throughout the school system in order to assure
		SB3361 Enrolled	- 24 -	LRB104 19075 LNS 32520 b
1    adequate programs to meet the needs of special student
2    populations as determined by the Board. This distribution
3    shall take into account the needs catalogued in the
4    Systemwide Plan and the various local school improvement
5    plans of the local school councils. Information about
6    these centrally funded programs shall be distributed to
7    the local school councils so that their subsequent
8    planning and programming will account for these
9    provisions.
10        Beginning in fiscal year 1991 and in each fiscal year
11    thereafter, from other amounts available in the applicable
12    fiscal year budget, the board shall allocate a lump sum
13    amount to each local school based upon such formula as the
14    board shall determine taking into account the special
15    needs of the student body. The local school principal
16    shall develop an expenditure plan in consultation with the
17    local school council, the professional personnel
18    leadership committee and with all other school personnel,
19    which reflects the priorities and activities as described
20    in the school's local school improvement plan and is
21    consistent with applicable law and collective bargaining
22    agreements and with board policies and standards; however,
23    the local school council shall have the right to request
24    waivers of board policy from the board of education and
25    waivers of employee collective bargaining agreements
26    pursuant to Section 34-8.1a.
		SB3361 Enrolled	- 25 -	LRB104 19075 LNS 32520 b
1        The expenditure plan developed by the principal with
2    respect to amounts available from the fund for prioritized
3    special needs programs and the allocated lump sum amount
4    must be approved by the local school council.
5        The lump sum allocation shall take into account the
6    following principles:
7            a. Teachers: Each school shall be allocated funds
8        equal to the amount appropriated in the previous
9        school year for compensation for teachers (regular
10        grades kindergarten through 12th grade) plus whatever
11        increases in compensation have been negotiated
12        contractually or through longevity as provided in the
13        negotiated agreement. Adjustments shall be made due to
14        layoff or reduction in force, lack of funds or work,
15        change in subject requirements, enrollment changes, or
16        contracts with third parties for the performance of
17        services or to rectify any inconsistencies with
18        system-wide allocation formulas or for other
19        legitimate reasons.
20            b. Other personnel: Funds for other teacher
21        licensed and nonlicensed personnel paid through
22        non-categorical funds shall be provided according to
23        system-wide formulas based on student enrollment and
24        the special needs of the school as determined by the
25        Board.
26            c. Non-compensation items: Appropriations for all
		SB3361 Enrolled	- 26 -	LRB104 19075 LNS 32520 b
1        non-compensation items shall be based on system-wide
2        formulas based on student enrollment and on the
3        special needs of the school or factors related to the
4        physical plant, including, but not limited to,
5        textbooks, electronic textbooks and the technological
6        equipment necessary to gain access to and use
7        electronic textbooks, supplies, electricity,
8        equipment, and routine maintenance.
9            d. Funds for categorical programs: Schools shall
10        receive personnel and funds based on, and shall use
11        such personnel and funds in accordance with State and
12        federal [Federal] requirements applicable to each
13        categorical program provided to meet the special needs
14        of the student body (including, but not limited to,
15        Federal Chapter I, Bilingual, and Special Education).
16            d.1. Funds for State Title I: Each school shall
17        receive funds based on State and Board requirements
18        applicable to each State Title I pupil provided to
19        meet the special needs of the student body. Each
20        school shall receive the proportion of funds as
21        provided in Section 18-8 or 18-8.15 to which they are
22        entitled. These funds shall be spent only with the
23        budgetary approval of the local school council [Local ]
24        [School Council] as provided in Section 34-2.3.
25            e. The local school council [Local School Council]
26        shall have the right to request the principal to close
		SB3361 Enrolled	- 27 -	LRB104 19075 LNS 32520 b
1        positions and open new ones consistent with the
2        provisions of the local school improvement plan
3        provided that these decisions are consistent with
4        applicable law and collective bargaining agreements.
5        If a position is closed, pursuant to this paragraph,
6        the local school shall have for its use the
7        system-wide average compensation for the closed
8        position.
9            f. Operating within existing laws and collective
10        bargaining agreements, the local school council shall
11        have the right to direct the principal to shift
12        expenditures within funds.
13            g. (Blank).
14        Any funds unexpended at the end of the fiscal year
15    shall be available to the board of education for use as
16    part of its budget for the following fiscal year.
17        5. To make recommendations to the principal concerning
18    textbook selection and concerning curriculum developed
19    pursuant to the school improvement plan which is
20    consistent with systemwide curriculum objectives in
21    accordance with Sections 34-8 and 34-18 of this [the School]
22    Code and in conformity with the collective bargaining
23    agreement.
24        6. To advise the principal concerning the attendance
25    and disciplinary policies for the attendance center,
26    subject to the provisions of this Article and Article 26,
		SB3361 Enrolled	- 28 -	LRB104 19075 LNS 32520 b
1    and consistent with the uniform system of discipline
2    established by the board pursuant to Section 34-19.
3        7. To approve a school improvement plan developed as
4    provided in Section 34-2.4. The process and schedule for
5    plan development shall be publicized to the entire school
6    community, and the community shall be afforded the
7    opportunity to make recommendations concerning the plan.
8    At least twice a year the principal and local school
9    council shall report publicly on progress and problems
10    with respect to plan implementation.
11        8. To evaluate the allocation of teaching resources
12    and other licensed and nonlicensed staff to the attendance
13    center to determine whether such allocation is consistent
14    with and in furtherance of instructional objectives and
15    school programs reflective of the school improvement plan
16    adopted for the attendance center; and to make
17    recommendations to the board, the general superintendent,
18    and the principal concerning any reallocation of teaching
19    resources or other staff whenever the council determines
20    that any such reallocation is appropriate because the
21    qualifications of any existing staff at the attendance
22    center do not adequately match or support instructional
23    objectives or school programs which reflect the school
24    improvement plan.
25        9. To make recommendations to the principal and the
26    general superintendent concerning their respective
		SB3361 Enrolled	- 29 -	LRB104 19075 LNS 32520 b
1    appointments, after August 31, 1989, and in the manner
2    provided by Section 34-8 and Section 34-8.1, of persons to
3    fill any vacant, additional, or newly created positions
4    for teachers at the attendance center or at attendance
5    centers which include the attendance center served by the
6    local school council.
7        10. To request of the Board the manner in which
8    training and assistance shall be provided to the local
9    school council. Pursuant to Board guidelines a local
10    school council is authorized to direct the Board of
11    Education to contract with personnel or not-for-profit
12    organizations not associated with the school district to
13    train or assist council members. If training or assistance
14    is provided by contract with personnel or organizations
15    not associated with the school district, the period of
16    training or assistance shall not exceed 30 hours during a
17    given school year; the person shall not be employed on a
18    continuous basis longer than said period and shall not
19    have been employed by the Chicago Board of Education
20    within the preceding six months. Council members shall
21    receive training in at least the following areas:
22            1. school budgets;
23            2. educational theory pertinent to the attendance
24        center's particular needs, including the development
25        of the school improvement plan and the principal's
26        performance contract; and
		SB3361 Enrolled	- 30 -	LRB104 19075 LNS 32520 b
1            3. personnel selection.
2    Council members shall, to the greatest extent possible,
3    complete such training within 90 days of election.
4        11. In accordance with systemwide guidelines contained
5    in the System-Wide Educational Reform Goals and Objectives
6    Plan, criteria for evaluation of performance shall be
7    established for local school councils and local school
8    council members. If a local school council persists in
9    noncompliance with systemwide requirements, the Board may
10    impose sanctions and take necessary corrective action,
11    consistent with Section 34-8.3.
12        12. Each local school council shall comply with the
13    Open Meetings Act and the Freedom of Information Act. Each
14    local school council shall issue and transmit to its
15    school community a detailed annual report accounting for
16    its activities programmatically and financially. Each
17    local school council shall convene at least 2
18    well-publicized meetings annually with its entire school
19    community. These meetings shall include presentation of
20    the proposed local school improvement plan, of the
21    proposed school expenditure plan, and the annual report,
22    and shall provide an opportunity for public comment.
23        13. Each local school council is encouraged to involve
24    additional non-voting members of the school community in
25    facilitating the council's exercise of its
26    responsibilities.
		SB3361 Enrolled	- 31 -	LRB104 19075 LNS 32520 b
1        14. In this subdivision 14, "religious hairstyles, 
2    hair-related religious practices, or facial hair" has the 
3    meaning given to that term in Section 10-22.25b.
4        The local school council may adopt a school uniform or
5    dress code policy that governs the attendance center and
6    that is necessary to maintain the orderly process of a
7    school function or prevent endangerment of student health
8    or safety, consistent with the policies and rules of the
9    Board of Education. A school uniform or dress code policy
10    adopted by a local school council: (i) shall not be
11    applied in such manner as to discipline or deny attendance
12    to a transfer student or any other student for
13    noncompliance with that policy during such period of time
14    as is reasonably necessary to enable the student to
15    acquire a school uniform or otherwise comply with the
16    dress code policy that is in effect at the attendance
17    center into which the student's enrollment is transferred;
18    (ii) shall include criteria and procedures under which the
19    local school council will accommodate the needs of or
20    otherwise provide appropriate resources to assist a
21    student from an indigent family in complying with an
22    applicable school uniform or dress code policy; (iii)
23    shall not include or apply to hairstyles, including
24    hairstyles historically associated with race, ethnicity,
25    or hair texture, including, but not limited to, protective
26    hairstyles such as braids, locks, and twists, or religious 
		SB3361 Enrolled	- 32 -	LRB104 19075 LNS 32520 b
1    hairstyles, hair-related religious practices, or facial 
2    hair worn in accordance with a student's sincerely held 
3    religious beliefs, observance, or practice, including, but 
4    not limited to, uncut hair or sidelocks (known as payot or 
5    peyos), or beards, mustaches, or other facial hair; and
6    (iv) shall not prohibit the right of a student to wear or
7    accessorize the student's graduation attire with items
8    associated with the student's cultural, ethnic, or
9    religious identity or any other protected characteristic
10    or category identified in subsection (Q) of Section 1-103
11    of the Illinois Human Rights Act.
12        Nothing in item (iii) of this subdivision 14 prohibits 
13    a school from requiring that hair or facial hair be 
14    secured, covered, or otherwise controlled during a 
15    specific activity if necessary to prevent endangerment of 
16    student health or safety, as long as the requirement is 
17    applied in the least restrictive manner practicable and 
18    does not require cutting, shaving, or other permanent 
19    alteration.
20        A student whose parents or legal guardians object on
21    religious grounds to the student's compliance with an
22    applicable school uniform or dress code policy shall not
23    be required to comply with that policy if the student's
24    parents or legal guardians present to the local school
25    council a signed statement of objection detailing the
26    grounds for the objection. If a local school council does
		SB3361 Enrolled	- 33 -	LRB104 19075 LNS 32520 b
1    not comply with the requirements and prohibitions set
2    forth in this subdivision [paragraph] 14, the attendance
3    center is subject to the penalty imposed pursuant to
4    subsection (a) of Section 2-3.25.
5        15. All decisions made and actions taken by the local
6    school council in the exercise of its powers and duties
7    shall comply with State and federal laws, all applicable
8    collective bargaining agreements, court orders, and rules
9    properly promulgated by the Board.
10        15a. To grant, in accordance with board rules and
11    policies, the use of assembly halls and classrooms when
12    not otherwise needed, including lighting, heat, and
13    attendants, for public lectures, concerts, and other
14    educational and social activities.
15        15b. To approve, in accordance with board rules and
16    policies, receipts and expenditures for all internal
17    accounts of the attendance center, and to approve all
18    fund-raising activities by nonschool organizations that
19    use the school building.
20        16. (Blank).
21    [17.] Names and addresses of local school council members
22shall be a matter of public record.
23(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
24102-894, eff. 5-20-22; 103-463, eff. 8-4-23; revised 6-27-25.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.