Bill Text: IL SB1446 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that, by no later than July 1, 2024, the State Board of Education shall make available to schools resource materials developed in consultation with stakeholders regarding a student wearing or accessorizing the student's graduation attire with general items that may be used by the student to associate with, identify, or declare their cultural, ethnic, or religious identity or any other protected characteristic or category identified in the Illinois Human Rights Act. (instead of resource materials regarding a student wearing any articles of clothing or items that have cultural or religious significance to the student if those articles of clothing or items are not obscene or derogatory toward others and the right of a student to wear or accessorize graduation attire with certain items). Provides that a school uniform or dress code policy adopted by a school board or local school council shall not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural, ethnic, or religious identity or any other protected characteristic or category identified in the Illinois Human Rights Act (instead of may not prohibit the right of a student to wear or accessorize the student's graduation attire with items associated with the student's cultural or ethnic identity or any protected characteristic or category identified in the Illinois Human Rights Act, including, but not limited to, Native American items of cultural significance). Removes provisions providing that a school board or local school council may not prohibit a student from wearing any articles of clothing or items that have cultural or religious significance to the student if those articles of clothing or items are not obscene or derogatory toward others. Effective immediately.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0463 [SB1446 Detail]

Download: Illinois-2023-SB1446-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
10-22.25b, and 34-2.3 and by adding Section 2-3.196 as
follows:
(105 ILCS 5/2-3.196 new)
Sec. 2-3.196. Clothing resource materials. By no later
than July 1, 2024, the State Board of Education shall make
available to schools resource materials developed in
consultation with stakeholders regarding a student wearing or
accessorizing the student's graduation attire with general
items that may be used by the student to associate with,
identify, or declare the student's cultural, ethnic, or
religious identity or any other protected characteristic or
category identified in subsection (Q) of Section 1-103 of the
Illinois Human Rights Act. The State Board of Education shall
make the resource materials available on its Internet website.
(105 ILCS 5/10-22.25b) (from Ch. 122, par. 10-22.25b)
Sec. 10-22.25b. School uniforms. The school board may
adopt a school uniform or dress code policy that governs all or
certain individual attendance centers and that is necessary to

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maintain the orderly process of a school function or prevent
endangerment of student health or safety. A school uniform or
dress code policy adopted by a school board: (i) shall not be
applied in such manner as to discipline or deny attendance to a
transfer student or any other student for noncompliance with
that policy during such period of time as is reasonably
necessary to enable the student to acquire a school uniform or
otherwise comply with the dress code policy that is in effect
at the attendance center or in the district into which the
student's enrollment is transferred; (ii) shall include
criteria and procedures under which the school board will
accommodate the needs of or otherwise provide appropriate
resources to assist a student from an indigent family in
complying with an applicable school uniform or dress code
policy; and (iii) shall not include or apply to hairstyles,
including hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists; and
(iv) shall not prohibit the right of a student to wear or
accessorize the student's graduation attire with items
associated with the student's cultural, ethnic, or religious
identity or any other protected characteristic or category
identified in subsection (Q) of Section 1-103 of the Illinois
Human Rights Act. A student whose parents or legal guardians
object on religious grounds to the student's compliance with
an applicable school uniform or dress code policy shall not be

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required to comply with that policy if the student's parents
or legal guardians present to the school board a signed
statement of objection detailing the grounds for the
objection. This Section applies to school boards of all
districts, including special charter districts and districts
organized under Article 34. If a school board does not comply
with the requirements and prohibitions set forth in this
Section, the school district is subject to the penalty imposed
pursuant to subsection (a) of Section 2-3.25.
By no later than July 1, 2022, the State Board of Education
shall make available to schools resource materials developed
in consultation with stakeholders regarding hairstyles,
including hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists. The
State Board of Education shall make the resource materials
available on its Internet website.
(Source: P.A. 102-360, eff. 1-1-22.)
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils; powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved

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principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the
school, (iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to improve
student academic achievement, (v) school management, and (vi)
any other factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement;
(B) to determine in the manner provided by subsection (c)
of Section 34-2.2 and subdivision 1.5 of this Section whether
the performance contract of the principal shall be renewed;
and
(C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal (including a
new principal to fill a vacancy) -- without submitting any
list of candidates for that position to the general
superintendent as provided in paragraph 2 of this Section --
to serve under a 4 year performance contract; provided that
(i) the determination of whether the principal's performance
contract is to be renewed, based upon the evaluation required
by subdivision 1.5 of this Section, shall be made no later than

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150 days prior to the expiration of the current
performance-based contract of the principal, (ii) in cases
where such performance contract is not renewed -- a direct
selection of a new principal -- to serve under a 4 year
performance contract shall be made by the local school council
no later than 45 days prior to the expiration of the current
performance contract of the principal, and (iii) a selection
by the local school council of a new principal to fill a
vacancy under a 4 year performance contract shall be made
within 90 days after the date such vacancy occurs. A Council
shall be required, if requested by the principal, to provide
in writing the reasons for the council's not renewing the
principal's contract.
1.5. The local school council's determination of whether
to renew the principal's contract shall be based on an
evaluation to assess the educational and administrative
progress made at the school during the principal's current
performance-based contract. The local school council shall
base its evaluation on (i) student academic improvement, as
defined by the school improvement plan, (ii) student
absenteeism rates at the school, (iii) instructional
leadership, (iv) the effective implementation of programs,
policies, or strategies to improve student academic
achievement, (v) school management, and (vi) any other factors
deemed relevant by the local school council, including,
without limitation, the principal's communication skills and

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ability to create and maintain a student-centered learning
environment, to develop opportunities for professional
development, and to encourage parental involvement and
community partnerships to achieve school improvement. If a
local school council fails to renew the performance contract
of a principal rated by the general superintendent, or his or
her designee, in the previous years' evaluations as meeting or
exceeding expectations, the principal, within 15 days after
the local school council's decision not to renew the contract,
may request a review of the local school council's principal
non-retention decision by a hearing officer appointed by the
American Arbitration Association. A local school council
member or members or the general superintendent may support
the principal's request for review. During the period of the
hearing officer's review of the local school council's
decision on whether or not to retain the principal, the local
school council shall maintain all authority to search for and
contract with a person to serve as interim or acting
principal, or as the principal of the attendance center under
a 4-year performance contract, provided that any performance
contract entered into by the local school council shall be
voidable or modified in accordance with the decision of the
hearing officer. The principal may request review only once
while at that attendance center. If a local school council
renews the contract of a principal who failed to obtain a
rating of "meets" or "exceeds expectations" in the general

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superintendent's evaluation for the previous year, the general
superintendent, within 15 days after the local school
council's decision to renew the contract, may request a review
of the local school council's principal retention decision by
a hearing officer appointed by the American Arbitration
Association. The general superintendent may request a review
only once for that principal at that attendance center. All
requests to review the retention or non-retention of a
principal shall be submitted to the general superintendent,
who shall, in turn, forward such requests, within 14 days of
receipt, to the American Arbitration Association. The general
superintendent shall send a contemporaneous copy of the
request that was forwarded to the American Arbitration
Association to the principal and to each local school council
member and shall inform the local school council of its rights
and responsibilities under the arbitration process, including
the local school council's right to representation and the
manner and process by which the Board shall pay the costs of
the council's representation. If the local school council
retains the principal and the general superintendent requests
a review of the retention decision, the local school council
and the general superintendent shall be considered parties to
the arbitration, a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education, and the principal may retain counsel
and participate in the arbitration. If the local school

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council does not retain the principal and the principal
requests a review of the retention decision, the local school
council and the principal shall be considered parties to the
arbitration and a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education. The hearing shall begin (i) within
45 days after the initial request for review is submitted by
the principal to the general superintendent or (ii) if the
initial request for review is made by the general
superintendent, within 45 days after that request is mailed to
the American Arbitration Association. The hearing officer
shall render a decision within 45 days after the hearing
begins and within 90 days after the initial request for
review. The Board shall contract with the American Arbitration
Association for all of the hearing officer's reasonable and
necessary costs. In addition, the Board shall pay any
reasonable costs incurred by a local school council for
representation before a hearing officer.
1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or her

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designee, and members of the community. The burden of proof in
establishing that the local school council's decision was
arbitrary and capricious shall be on the party requesting the
arbitration, and this party shall sustain the burden by a
preponderance of the evidence. The hearing officer shall set
the local school council decision aside if that decision, in
light of the record developed at the hearing, is arbitrary and
capricious. The decision of the hearing officer may not be
appealed to the Board or the State Board of Education. If the
hearing officer decides that the principal shall be retained,
the retention period shall not exceed 2 years.
2. In the event (i) the local school council does not renew
the performance contract of the principal, or the principal
fails to receive a satisfactory rating as provided in
subsection (h) of Section 34-8.3, or the principal is removed
for cause during the term of his or her performance contract in
the manner provided by Section 34-85, or a vacancy in the
position of principal otherwise occurs prior to the expiration
of the term of a principal's performance contract, and (ii)
the local school council fails to directly select a new
principal to serve under a 4 year performance contract, the
local school council in such event shall submit to the general
superintendent a list of 3 candidates -- listed in the local
school council's order of preference -- for the position of
principal, one of which shall be selected by the general
superintendent to serve as principal of the attendance center.

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If the general superintendent fails or refuses to select one
of the candidates on the list to serve as principal within 30
days after being furnished with the candidate list, the
general superintendent shall select and place a principal on
an interim basis (i) for a period not to exceed one year or
(ii) until the local school council selects a new principal
with 7 affirmative votes as provided in subsection (c) of
Section 34-2.2, whichever occurs first. If the local school
council fails or refuses to select and appoint a new
principal, as specified by subsection (c) of Section 34-2.2,
the general superintendent may select and appoint a new
principal on an interim basis for an additional year or until a
new contract principal is selected by the local school
council. There shall be no discrimination on the basis of
race, sex, creed, color or disability unrelated to ability to
perform in connection with the submission of candidates for,
and the selection of a candidate to serve as principal of an
attendance center. No person shall be directly selected,
listed as a candidate for, or selected to serve as principal of
an attendance center (i) if such person has been removed for
cause from employment by the Board or (ii) if such person does
not hold a valid Professional Educator License issued under
Article 21B and endorsed as required by that Article for the
position of principal. A principal whose performance contract
is not renewed as provided under subsection (c) of Section
34-2.2 may nevertheless, if otherwise qualified and licensed

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as herein provided and if he or she has received a satisfactory
rating as provided in subsection (h) of Section 34-8.3, be
included by a local school council as one of the 3 candidates
listed in order of preference on any candidate list from which
one person is to be selected to serve as principal of the
attendance center under a new performance contract. The
initial candidate list required to be submitted by a local
school council to the general superintendent in cases where
the local school council does not renew the performance
contract of its principal and does not directly select a new
principal to serve under a 4 year performance contract shall
be submitted not later than 30 days prior to the expiration of
the current performance contract. In cases where the local
school council fails or refuses to submit the candidate list
to the general superintendent no later than 30 days prior to
the expiration of the incumbent principal's contract, the
general superintendent may appoint a principal on an interim
basis for a period not to exceed one year, during which time
the local school council shall be able to select a new
principal with 7 affirmative votes as provided in subsection
(c) of Section 34-2.2. In cases where a principal is removed
for cause or a vacancy otherwise occurs in the position of
principal and the vacancy is not filled by direct selection by
the local school council, the candidate list shall be
submitted by the local school council to the general
superintendent within 90 days after the date such removal or

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vacancy occurs. In cases where the local school council fails
or refuses to submit the candidate list to the general
superintendent within 90 days after the date of the vacancy,
the general superintendent may appoint a principal on an
interim basis for a period of one year, during which time the
local school council shall be able to select a new principal
with 7 affirmative votes as provided in subsection (c) of
Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as part
of the performance contract of its principal, provided that
such additional criteria shall not discriminate on the basis
of race, sex, creed, color or disability unrelated to ability
to perform, and shall not be inconsistent with the uniform 4
year performance contract for principals developed by the
board as provided in Section 34-8.1 of the School Code or with
other provisions of this Article governing the authority and
responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure

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plan approved and administered under this Section 34-2.3 shall
be consistent with and subject to the terms of any contract for
services with a third party entered into by the Chicago School
Reform Board of Trustees or the board under this Act.
Via a supermajority vote of 8 members of a local school
council enrolling students through the 8th grade or 9 members
of a local school council at a secondary attendance center or
an attendance center enrolling students in grades 7 through
12, the Council may transfer allocations pursuant to Section
34-2.3 within funds; provided that such a transfer is
consistent with applicable law and collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total fiscal
year budget for distribution on a prioritized basis to schools
throughout the school system in order to assure adequate
programs to meet the needs of special student populations as
determined by the Board. This distribution shall take into
account the needs catalogued in the Systemwide Plan and the
various local school improvement plans of the local school
councils. Information about these centrally funded programs
shall be distributed to the local school councils so that
their subsequent planning and programming will account for
these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable

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fiscal year budget, the board shall allocate a lump sum amount
to each local school based upon such formula as the board shall
determine taking into account the special needs of the student
body. The local school principal shall develop an expenditure
plan in consultation with the local school council, the
professional personnel leadership committee and with all other
school personnel, which reflects the priorities and activities
as described in the school's local school improvement plan and
is consistent with applicable law and collective bargaining
agreements and with board policies and standards; however, the
local school council shall have the right to request waivers
of board policy from the board of education and waivers of
employee collective bargaining agreements pursuant to Section
34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated agreement.

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Adjustments shall be made due to layoff or reduction in
force, lack of funds or work, change in subject
requirements, enrollment changes, or contracts with third
parties for the performance of services or to rectify any
inconsistencies with system-wide allocation formulas or
for other legitimate reasons.
b. Other personnel: Funds for other teacher licensed
and nonlicensed personnel paid through non-categorical
funds shall be provided according to system-wide formulas
based on student enrollment and the special needs of the
school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, electronic
textbooks and the technological equipment necessary to
gain access to and use electronic textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).

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d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 or 18-8.15 to which they are entitled. These funds
shall be spent only with the budgetary approval of the
Local School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new ones
consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall have
the right to direct the principal to shift expenditures
within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall be
available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed

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pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the board
pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the opportunity
to make recommendations concerning the plan. At least twice a
year the principal and local school council shall report
publicly on progress and problems with respect to plan
implementation.
8. To evaluate the allocation of teaching resources and
other licensed and nonlicensed staff to the attendance center
to determine whether such allocation is consistent with and in
furtherance of instructional objectives and school programs
reflective of the school improvement plan adopted for the
attendance center; and to make recommendations to the board,
the general superintendent and the principal concerning any
reallocation of teaching resources or other staff whenever the
council determines that any such reallocation is appropriate

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because the qualifications of any existing staff at the
attendance center do not adequately match or support
instructional objectives or school programs which reflect the
school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local school
council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:

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1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained in
the System-Wide Educational Reform Goals and Objectives Plan,
criteria for evaluation of performance shall be established
for local school councils and local school council members. If
a local school council persists in noncompliance with
systemwide requirements, the Board may impose sanctions and
take necessary corrective action, consistent with Section
34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local school
council shall convene at least 2 well-publicized meetings
annually with its entire school community. These meetings
shall include presentation of the proposed local school
improvement plan, of the proposed school expenditure plan, and
the annual report, and shall provide an opportunity for public

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comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform or
dress code policy that governs the attendance center and that
is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred;
(ii) shall include criteria and procedures under which the
local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable school
uniform or dress code policy; and (iii) shall not include or
apply to hairstyles, including hairstyles historically
associated with race, ethnicity, or hair texture, including,
but not limited to, protective hairstyles such as braids,
locks, and twists ; and (iv) shall not prohibit the right of a

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student to wear or accessorize the student's graduation attire
with items associated with the student's cultural, ethnic, or
religious identity or any other protected characteristic or
category identified in subsection (Q) of Section 1-103 of the
Illinois Human Rights Act. A student whose parents or legal
guardians object on religious grounds to the student's
compliance with an applicable school uniform or dress code
policy shall not be required to comply with that policy if the
student's parents or legal guardians present to the local
school council a signed statement of objection detailing the
grounds for the objection. If a local school council does not
comply with the requirements and prohibitions set forth in
this paragraph 14, the attendance center is subject to the
penalty imposed pursuant to subsection (a) of Section 2-3.25.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts

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of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
102-894, eff. 5-20-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.