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Illinois General Assembly - Full Text of SB3361

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SB3361 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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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,
3
represented in the General Assembly:

4

Section 1.
This Act may be referred to as the Religious
5
Hair and Facial Hair Protections Act. This Act may also be
6
referred to as the Jett Hawkins Law.

7

Section 5.
The School Code is amended by changing Sections
8
2-3.25o, 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
11
elementary and secondary schools.
12

(a) Findings. The General Assembly finds and declares (i)
13
that the Constitution of the State of Illinois provides that a
14
"fundamental goal of the People of the State is the
15
educational development of all persons to the limits of their
16
capacities" and (ii) that the educational development of every
17
school student serves the public purposes of the State. In
18
order to ensure that all Illinois students and teachers have
19
the opportunity to enroll and work in State-approved
20
educational institutions and programs, the State Board of
21
Education shall provide for the voluntary registration and
22
recognition of non-public elementary and secondary schools.

SB3361 Enrolled
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1

(b) Registration. All non-public elementary and secondary
2
schools in the State of Illinois may voluntarily register with
3
the State Board of Education on an annual basis. Registration
4
shall be completed in conformance with procedures prescribed
5
by the State Board of Education. Information required for
6
registration shall include assurances of compliance (i) with
7
federal and State laws regarding health examination and
8
immunization, attendance, length of term, and
9
nondiscrimination, including assurances that the school will
10
not prohibit hairstyles historically associated with race,
11
ethnicity, or hair texture, including, but not limited to,
12
protective hairstyles such as braids, locks, and twists,
or
13
religious hairstyles, hair-related religious practices, or
14
facial hair worn in accordance with a student's or employee's
15
sincerely held religious beliefs, observance, or practice,
16
including, but not limited to, uncut hair or sidelocks (known
17
as payot or peyos), or beards, mustaches, or other facial
18
hair,
and (ii) with applicable fire and health safety
19
requirements.
20

(c) Recognition. All non-public elementary and secondary
21
schools in the State of Illinois may voluntarily seek the
22
status of "Non-public School Recognition" from the State Board
23
of Education. This status may be obtained by compliance with
24
administrative guidelines and review procedures as prescribed
25
by the State Board of Education. The guidelines and procedures
26
must recognize that some of the aims and the financial bases of

SB3361 Enrolled
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1
non-public schools are different from public schools and will
2
not be identical to those for public schools, nor will they be
3
more burdensome. The guidelines and procedures must also
4
recognize the diversity of non-public schools and shall not
5
impinge upon the noneducational relationships between those
6
schools and their clientele.
7

(c-5) Prohibition against recognition. A non-public
8
elementary or secondary school may not obtain "Non-public
9
School Recognition" status unless the school requires all
10
certified and non-certified applicants for employment with the
11
school, after July 1, 2007, to authorize a fingerprint-based
12
criminal history records check as a condition of employment to
13
determine if such applicants have been convicted of any of the
14
enumerated criminal or drug offenses set forth in Section
15
21B-80 of this Code or have been convicted, within 7 years of
16
the application for employment, of any other felony under the
17
laws of this State or of any offense committed or attempted in
18
any other state or against the laws of the United States that,
19
if committed or attempted in this State, would have been
20
punishable as a felony under the laws of this State.
21

Authorization for the check shall be furnished by the
22
applicant to the school, except that if the applicant is a
23
substitute teacher seeking employment in more than one
24
non-public school, a teacher seeking concurrent part-time
25
employment positions with more than one non-public school (as
26
a reading specialist, special education teacher, or

SB3361 Enrolled
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1
otherwise), or an educational support personnel employee
2
seeking employment positions with more than one non-public
3
school, then only one of the non-public schools employing the
4
individual shall request the authorization. Upon receipt of
5
this authorization, the non-public school shall submit the
6
applicant's name, sex, race, date of birth, social security
7
number, fingerprint images, and other identifiers, as
8
prescribed by the Illinois State Police, to the Illinois State
9
Police.
10

The Illinois State Police and Federal Bureau of
11
Investigation shall furnish, pursuant to a fingerprint-based
12
criminal history records check, records of convictions,
13
forever and hereafter, until expunged, to the president or
14
principal of the non-public school that requested the check.
15
The Illinois State Police shall charge that school a fee for
16
conducting such check, which fee must be deposited into the
17
State Police Services Fund and must not exceed the cost of the
18
inquiry. Subject to appropriations for these purposes, the
19
State Superintendent of Education shall reimburse non-public
20
schools for fees paid to obtain criminal history records
21
checks under this Section.
22

A non-public school may not obtain recognition status
23
unless the school also performs a check of the Statewide Sex
24
Offender Database, as authorized by the Sex Offender Community
25
Notification Law, and the Statewide Murderer and Violent
26
Offender Against Youth Database, as authorized by the Murderer

SB3361 Enrolled
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1
and Violent Offender Against Youth Registration Act, for each
2
applicant for employment, after July 1, 2007, to determine
3
whether the applicant has been adjudicated of a sex offense or
4
of a murder or other violent crime against youth. The checks of
5
the Statewide Sex Offender Database and the Statewide Murderer
6
and Violent Offender Against Youth Database must be conducted
7
by the non-public school once for every 5 years that an
8
applicant remains employed by the non-public school.
9

Any information concerning the record of convictions
10
obtained by a non-public school's president or principal under
11
this Section is confidential and may be disseminated only to
12
the governing body of the non-public school or any other
13
person necessary to the decision of hiring the applicant for
14
employment. A copy of the record of convictions obtained from
15
the Illinois State Police shall be provided to the applicant
16
for employment. Upon a check of the Statewide Sex Offender
17
Database, the non-public school shall notify the applicant as
18
to whether or not the applicant has been identified in the Sex
19
Offender Database as a sex offender. Any information
20
concerning the records of conviction obtained by the
21
non-public school's president or principal under this Section
22
for a substitute teacher seeking employment in more than one
23
non-public school, a teacher seeking concurrent part-time
24
employment positions with more than one non-public school (as
25
a reading specialist, special education teacher, or
26
otherwise), or an educational support personnel employee

SB3361 Enrolled
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1
seeking employment positions with more than one non-public
2
school may be shared with another non-public school's
3
principal or president to which the applicant seeks
4
employment. Any unauthorized release of confidential
5
information may be a violation of Section 7 of the Criminal
6
Identification Act.
7

No non-public school may obtain recognition status that
8
knowingly employs a person, hired after July 1, 2007, for whom
9
an Illinois State Police and Federal Bureau of Investigation
10
fingerprint-based criminal history records check and a
11
Statewide Sex Offender Database check has not been initiated
12
or who has been convicted of any offense enumerated in Section
13
21B-80 of this Code or any offense committed or attempted in
14
any other state or against the laws of the United States that,
15
if committed or attempted in this State, would have been
16
punishable as one or more of those offenses. No non-public
17
school may obtain recognition status under this Section that
18
knowingly employs a person who has been found to be the
19
perpetrator of sexual or physical abuse of a minor under 18
20
years of age pursuant to proceedings under Article II of the
21
Juvenile Court Act of 1987.
22

In order to obtain recognition status under this Section,
23
a non-public school must require compliance with the
24
provisions of this subsection (c-5) from all employees of
25
persons or firms holding contracts with the school, including,
26
but not limited to, food service workers, school bus drivers,

SB3361 Enrolled
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1
and other transportation employees, who have direct, daily
2
contact with pupils. Any information concerning the records of
3
conviction or identification as a sex offender of any such
4
employee obtained by the non-public school principal or
5
president must be promptly reported to the school's governing
6
body.
7

Prior to the commencement of any student teaching
8
experience or required internship (which is referred to as
9
student teaching in this Section) in any non-public elementary
10
or secondary school that has obtained or seeks to obtain
11
recognition status under this Section, a student teacher is
12
required to authorize a fingerprint-based criminal history
13
records check. Authorization for and payment of the costs of
14
the check must be furnished by the student teacher to the chief
15
administrative officer of the non-public school where the
16
student teaching is to be completed. Upon receipt of this
17
authorization and payment, the chief administrative officer of
18
the non-public school shall submit the student teacher's name,
19
sex, race, date of birth, social security number, fingerprint
20
images, and other identifiers, as prescribed by the Illinois
21
State Police, to the Illinois State Police. The Illinois State
22
Police and the Federal Bureau of Investigation shall furnish,
23
pursuant to a fingerprint-based criminal history records
24
check, records of convictions, forever and hereinafter, until
25
expunged, to the chief administrative officer of the
26
non-public school that requested the check. The Illinois State

SB3361 Enrolled
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LRB104 19075 LNS 32520 b
1
Police shall charge the school a fee for conducting the check,
2
which fee must be passed on to the student teacher, must not
3
exceed the cost of the inquiry, and must be deposited into the
4
State Police Services Fund. The school shall further perform a
5
check of the Statewide Sex Offender Database, as authorized by
6
the Sex Offender Community Notification Law, and of the
7
Statewide Murderer and Violent Offender Against Youth
8
Database, as authorized by the Murderer and Violent Offender
9
Against Youth Registration Act, for each student teacher. No
10
school that has obtained or seeks to obtain recognition status
11
under this Section may knowingly allow a person to student
12
teach for whom a criminal history records check, a Statewide
13
Sex Offender Database check, and a Statewide Murderer and
14
Violent Offender Against Youth Database check have not been
15
completed and reviewed by the chief administrative officer of
16
the non-public school.
17

A copy of the record of convictions obtained from the
18
Illinois State Police must be provided to the student teacher.
19
Any information concerning the record of convictions obtained
20
by the chief administrative officer of the non-public school
21
is confidential and may be transmitted only to the chief
22
administrative officer of the non-public school or his or her
23
designee, the State Superintendent of Education, the State
24
Educator Preparation and Licensure Board, or, for
25
clarification purposes, the Illinois State Police or the
26
Statewide Sex Offender Database or Statewide Murderer and

SB3361 Enrolled
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LRB104 19075 LNS 32520 b
1
Violent Offender Against Youth Database. Any unauthorized
2
release of confidential information may be a violation of
3
Section 7 of the Criminal Identification Act.
4

No school that has obtained or seeks to obtain recognition
5
status under this Section may knowingly allow a person to
6
student teach who has been convicted of any offense that would
7
subject him or her to license suspension or revocation
8
pursuant to Section 21B-80 of this Code or who has been found
9
to be the perpetrator of sexual or physical abuse of a minor
10
under 18 years of age pursuant to proceedings under Article II
11
of the Juvenile Court Act of 1987.
12

Any school that has obtained or seeks to obtain
13
recognition status under this Section may not prohibit
14
hairstyles historically associated with race, ethnicity, or
15
hair texture, including, but not limited to, protective
16
hairstyles such as braids, locks, and twists
, or religious
17
hairstyles, hair-related religious practices, or facial hair
18
worn in accordance with a student's or employee's sincerely
19
held religious beliefs, observance, or practice, including,
20
but not limited to, uncut hair or sidelocks (known as payot or
21
peyos), or beards, mustaches, or other facial hair
.
22

(c-10) Exemption. Notwithstanding any other provision of
23
this Section to the contrary, a non-public, sectarian school
24
that has registered or seeks to register under this Section or
25
that has obtained or seeks to obtain recognition status under
26
this Section is not subject to those requirements of this

SB3361 Enrolled
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LRB104 19075 LNS 32520 b
1
Section that restrict a school's ability to adopt, enforce, or
2
apply policies regarding religious hairstyles, hair-related
3
religious practices, or facial hair worn in accordance with a
4
student's or employee's sincerely held religious beliefs,
5
observance, or practice.

6

(d) Public purposes. The provisions of this Section are in
7
the public interest, for the public benefit, and serve secular
8
public purposes.
9

(e) Definition. For purposes of this Section, a non-public
10
school means any non-profit, non-home-based, and non-public
11
elementary or secondary school that is in compliance with
12
Title VI of the Civil Rights Act of 1964 and attendance at
13
which 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;
15
102-813, eff. 5-13-22; 103-111, eff. 6-29-23; 103-605, eff.
16
7-1-24.)

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
20
religious practices, or facial hair" means hair length, hair
21
arrangement, head hair, or facial hair maintained, worn, or
22
displayed in accordance with a student's sincerely held
23
religious beliefs, observance, or practice, including, but not
24
limited to, uncut hair, sidelocks (known as payot or peyos),
25
or beards, mustaches, or other facial hair.

SB3361 Enrolled
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LRB104 19075 LNS 32520 b
1

(b)
The school board may adopt a school uniform or dress
2
code policy that governs all or certain individual attendance
3
centers and that is necessary to maintain the orderly process
4
of a school function or prevent endangerment of student health
5
or safety. A school uniform or dress code policy adopted by a
6
school board: (i) shall not be applied in such manner as to
7
discipline or deny attendance to a transfer student or any
8
other student for noncompliance with that policy during such
9
period of time as is reasonably necessary to enable the
10
student to acquire a school uniform or otherwise comply with
11
the dress code policy that is in effect at the attendance
12
center or in the district into which the student's enrollment
13
is transferred; (ii) shall include criteria and procedures
14
under which the school board will accommodate the needs of or
15
otherwise provide appropriate resources to assist a student
16
from an indigent family in complying with an applicable school
17
uniform or dress code policy; (iii) shall not include or apply
18
to hairstyles, including hairstyles historically associated
19
with race, ethnicity, or hair texture, including, but not
20
limited to, protective hairstyles such as braids, locks, and
21
twists
, or religious hairstyles, hair-related religious
22
practices, or facial hair worn in accordance with a student's
23
sincerely held religious beliefs, observance, or practice,
24
including, but not limited to, uncut hair or sidelocks (known
25
as payot or peyos), or beards, mustaches, or other facial
26
hair
; and (iv) shall not prohibit the right of a student to

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1
wear or accessorize the student's graduation attire with items
2
associated with the student's cultural, ethnic, or religious
3
identity or any other protected characteristic or category
4
identified in subsection (Q) of Section 1-103 of the Illinois
5
Human Rights Act.
6

Nothing in item (iii) of this subsection (b) prohibits a
7
school from requiring that hair or facial hair be secured,
8
covered, or otherwise controlled during a specific activity if
9
necessary to prevent endangerment of student health or safety,
10
as long as the requirement is applied in the least restrictive
11
manner practicable and does not require cutting, shaving, or
12
other permanent alteration.

13

(c)
A student whose parents or legal guardians object on
14
religious grounds to the student's compliance with an
15
applicable school uniform or dress code policy shall not be
16
required to comply with that policy if the student's parents
17
or legal guardians present to the school board a signed
18
statement of objection detailing the grounds for the
19
objection. This Section applies to school boards of all
20
districts, including special charter districts and districts
21
organized under Article 34. If a school board does not comply
22
with the requirements and prohibitions set forth in this
23
Section, the school district is subject to the penalty imposed
24
pursuant to subsection (a) of Section 2-3.25.
25

(d) The

By no later than July 1, 2022, the
State Board of
26
Education shall make available to schools resource materials

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LRB104 19075 LNS 32520 b
1
developed in consultation with stakeholders regarding
2
hairstyles, including hairstyles historically associated with
3
race, ethnicity, or hair texture, including, but not limited
4
to, protective hairstyles such as braids, locks, and twists
,
5
and regarding religious hairstyles, hair-related religious
6
practices, or facial hair worn in accordance with a student's
7
sincerely held religious beliefs, observance, or practice
. The
8
State Board of Education shall make the resource materials
9
available 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.
13
Each local school council shall have and exercise, consistent
14
with the provisions of this Article and the powers and duties
15
of 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
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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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,

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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

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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

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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.

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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
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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
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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
22
shall be a matter of public record.
23
(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
24
102-894, eff. 5-20-22; 103-463, eff. 8-4-23; revised 6-27-25.)

25

Section 99.
Effective date.
This Act takes effect upon
26
becoming law.

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