Sen. Emil Jones, III

Filed: 4/5/2018

 

 


 

 


 
10000SB3183sam001LRB100 19044 AXK 37970 a

1
AMENDMENT TO SENATE BILL 3183

2    AMENDMENT NO. ______. Amend Senate Bill 3183 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
534-2.3 as follows:
 
6    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
7    Sec. 34-2.3. Local school councils - Powers and duties.
8Each local school council shall have and exercise, consistent
9with the provisions of this Article and the powers and duties
10of the board of education, the following powers and duties:
11    1. (A) To annually evaluate the performance of the
12principal of the attendance center using a Board approved
13principal evaluation form, which shall include the evaluation
14of (i) student academic improvement, as defined by the school
15improvement plan, (ii) student absenteeism rates at the school,
16(iii) instructional leadership, (iv) the effective

 

 

10000SB3183sam001- 2 -LRB100 19044 AXK 37970 a

1implementation of programs, policies, or strategies to improve
2student academic achievement, (v) school management, and (vi)
3any other factors deemed relevant by the local school council,
4including, without limitation, the principal's communication
5skills and ability to create and maintain a student-centered
6learning environment, to develop opportunities for
7professional development, and to encourage parental
8involvement and community partnerships to achieve school
9improvement;
10    (B) to determine in the manner provided by subsection (c)
11of Section 34-2.2 and subdivision 1.5 of this Section whether
12the performance contract of the principal shall be renewed; and
13    (C) to directly select, in the manner provided by
14subsection (c) of Section 34-2.2, a new principal (including a
15new principal to fill a vacancy) -- without submitting any list
16of candidates for that position to the general superintendent
17as provided in paragraph 2 of this Section -- to serve under a
184 year performance contract; provided that (i) the
19determination of whether the principal's performance contract
20is to be renewed, based upon the evaluation required by
21subdivision 1.5 of this Section, shall be made no later than
22150 days prior to the expiration of the current
23performance-based contract of the principal, (ii) in cases
24where such performance contract is not renewed -- a direct
25selection of a new principal -- to serve under a 4 year
26performance contract shall be made by the local school council

 

 

10000SB3183sam001- 3 -LRB100 19044 AXK 37970 a

1no later than 45 days prior to the expiration of the current
2performance contract of the principal, and (iii) a selection by
3the local school council of a new principal to fill a vacancy
4under a 4 year performance contract shall be made within 90
5days after the date such vacancy occurs. A Council shall be
6required, if requested by the principal, to provide in writing
7the reasons for the council's not renewing the principal's
8contract.
9    1.5. The local school council's determination of whether to
10renew the principal's contract shall be based on an evaluation
11to assess the educational and administrative progress made at
12the school during the principal's current performance-based
13contract. The local school council shall base its evaluation on
14(i) student academic improvement, as defined by the school
15improvement plan, (ii) student absenteeism rates at the school,
16(iii) instructional leadership, (iv) the effective
17implementation of programs, policies, or strategies to improve
18student academic achievement, (v) school management, and (vi)
19any other factors deemed relevant by the local school council,
20including, without limitation, the principal's communication
21skills and ability to create and maintain a student-centered
22learning environment, to develop opportunities for
23professional development, and to encourage parental
24involvement and community partnerships to achieve school
25improvement. If a local school council fails to renew the
26performance contract of a principal rated by the general

 

 

10000SB3183sam001- 4 -LRB100 19044 AXK 37970 a

1superintendent, or his or her designee, in the previous years'
2evaluations as meeting or exceeding expectations, the
3principal, within 15 days after the local school council's
4decision not to renew the contract, may request a review of the
5local school council's principal non-retention decision by a
6hearing officer appointed by the American Arbitration
7Association. A local school council member or members or the
8general superintendent may support the principal's request for
9review. During the period of the hearing officer's review of
10the local school council's decision on whether or not to retain
11the principal, the local school council shall maintain all
12authority to search for and contract with a person to serve as
13interim or acting principal, or as the principal of the
14attendance center under a 4-year performance contract,
15provided that any performance contract entered into by the
16local school council shall be voidable or modified in
17accordance with the decision of the hearing officer. The
18principal may request review only once while at that attendance
19center. If a local school council renews the contract of a
20principal who failed to obtain a rating of "meets" or "exceeds
21expectations" in the general superintendent's evaluation for
22the previous year, the general superintendent, within 15 days
23after the local school council's decision to renew the
24contract, may request a review of the local school council's
25principal retention decision by a hearing officer appointed by
26the American Arbitration Association. The general

 

 

10000SB3183sam001- 5 -LRB100 19044 AXK 37970 a

1superintendent may request a review only once for that
2principal at that attendance center. All requests to review the
3retention or non-retention of a principal shall be submitted to
4the general superintendent, who shall, in turn, forward such
5requests, within 14 days of receipt, to the American
6Arbitration Association. The general superintendent shall send
7a contemporaneous copy of the request that was forwarded to the
8American Arbitration Association to the principal and to each
9local school council member and shall inform the local school
10council of its rights and responsibilities under the
11arbitration process, including the local school council's
12right to representation and the manner and process by which the
13Board shall pay the costs of the council's representation. If
14the local school council retains the principal and the general
15superintendent requests a review of the retention decision, the
16local school council and the general superintendent shall be
17considered parties to the arbitration, a hearing officer shall
18be chosen between those 2 parties pursuant to procedures
19promulgated by the State Board of Education, and the principal
20may retain counsel and participate in the arbitration. If the
21local school council does not retain the principal and the
22principal requests a review of the retention decision, the
23local school council and the principal shall be considered
24parties to the arbitration and a hearing officer shall be
25chosen between those 2 parties pursuant to procedures
26promulgated by the State Board of Education. The hearing shall

 

 

10000SB3183sam001- 6 -LRB100 19044 AXK 37970 a

1begin (i) within 45 days after the initial request for review
2is submitted by the principal to the general superintendent or
3(ii) if the initial request for review is made by the general
4superintendent, within 45 days after that request is mailed to
5the American Arbitration Association. The hearing officer
6shall render a decision within 45 days after the hearing begins
7and within 90 days after the initial request for review. The
8Board shall contract with the American Arbitration Association
9for all of the hearing officer's reasonable and necessary
10costs. In addition, the Board shall pay any reasonable costs
11incurred by a local school council for representation before a
12hearing officer.
13    1.7. Notwithstanding any other provision of this Article to
14the contrary, if a principal is rated by the local school
15council as proficient, or an equivalent rating, in his or her
16evaluation at any point within 2 years prior to his or her
17contract renewal, the local school council's vote to not renew
18the principal's contract must be agreed to by a minimum of 65%
19of the council's members. If the principal is rated by the
20local school council as excellent, or an equivalent rating, at
21any point within 2 years prior to his or her contract renewal,
22the vote to not renew the contract must be agreed to by a
23minimum of 75% of the council's members.
24    1.10. The hearing officer shall conduct a hearing, which
25shall include (i) a review of the principal's performance,
26evaluations, and other evidence of the principal's service at

 

 

10000SB3183sam001- 7 -LRB100 19044 AXK 37970 a

1the school, (ii) reasons provided by the local school council
2for its decision, and (iii) documentation evidencing views of
3interested persons, including, without limitation, students,
4parents, local school council members, school faculty and
5staff, the principal, the general superintendent or his or her
6designee, and members of the community. The burden of proof in
7establishing that the local school council's decision was
8arbitrary and capricious shall be on the party requesting the
9arbitration, and this party shall sustain the burden by a
10preponderance of the evidence. The hearing officer shall set
11the local school council decision aside if that decision, in
12light of the record developed at the hearing, is arbitrary and
13capricious. The decision of the hearing officer may not be
14appealed to the Board or the State Board of Education. If the
15hearing officer decides that the principal shall be retained,
16the retention period shall not exceed 2 years.
17    2. In the event (i) the local school council does not renew
18the performance contract of the principal, or the principal
19fails to receive a satisfactory rating as provided in
20subsection (h) of Section 34-8.3, or the principal is removed
21for cause during the term of his or her performance contract in
22the manner provided by Section 34-85, or a vacancy in the
23position of principal otherwise occurs prior to the expiration
24of the term of a principal's performance contract, and (ii) the
25local school council fails to directly select a new principal
26to serve under a 4 year performance contract, the local school

 

 

10000SB3183sam001- 8 -LRB100 19044 AXK 37970 a

1council in such event shall submit to the general
2superintendent a list of 3 candidates -- listed in the local
3school council's order of preference -- for the position of
4principal, one of which shall be selected by the general
5superintendent to serve as principal of the attendance center.
6If the general superintendent fails or refuses to select one of
7the candidates on the list to serve as principal within 30 days
8after being furnished with the candidate list, the general
9superintendent shall select and place a principal on an interim
10basis (i) for a period not to exceed one year or (ii) until the
11local school council selects a new principal with 7 affirmative
12votes as provided in subsection (c) of Section 34-2.2,
13whichever occurs first. If the local school council fails or
14refuses to select and appoint a new principal, as specified by
15subsection (c) of Section 34-2.2, the general superintendent
16may select and appoint a new principal on an interim basis for
17an additional year or until a new contract principal is
18selected by the local school council. There shall be no
19discrimination on the basis of race, sex, creed, color or
20disability unrelated to ability to perform in connection with
21the submission of candidates for, and the selection of a
22candidate to serve as principal of an attendance center. No
23person shall be directly selected, listed as a candidate for,
24or selected to serve as principal of an attendance center (i)
25if such person has been removed for cause from employment by
26the Board or (ii) if such person does not hold a valid

 

 

10000SB3183sam001- 9 -LRB100 19044 AXK 37970 a

1administrative certificate issued or exchanged under Article
221 and endorsed as required by that Article for the position of
3principal. A principal whose performance contract is not
4renewed as provided under subsection (c) of Section 34-2.2 may
5nevertheless, if otherwise qualified and certified as herein
6provided and if he or she has received a satisfactory rating as
7provided in subsection (h) of Section 34-8.3, be included by a
8local school council as one of the 3 candidates listed in order
9of preference on any candidate list from which one person is to
10be selected to serve as principal of the attendance center
11under a new performance contract. The initial candidate list
12required to be submitted by a local school council to the
13general superintendent in cases where the local school council
14does not renew the performance contract of its principal and
15does not directly select a new principal to serve under a 4
16year performance contract shall be submitted not later than 30
17days prior to the expiration of the current performance
18contract. In cases where the local school council fails or
19refuses to submit the candidate list to the general
20superintendent no later than 30 days prior to the expiration of
21the incumbent principal's contract, the general superintendent
22may appoint a principal on an interim basis for a period not to
23exceed one year, during which time the local school council
24shall be able to select a new principal with 7 affirmative
25votes as provided in subsection (c) of Section 34-2.2. In cases
26where a principal is removed for cause or a vacancy otherwise

 

 

10000SB3183sam001- 10 -LRB100 19044 AXK 37970 a

1occurs in the position of principal and the vacancy is not
2filled by direct selection by the local school council, the
3candidate list shall be submitted by the local school council
4to the general superintendent within 90 days after the date
5such removal or vacancy occurs. In cases where the local school
6council fails or refuses to submit the candidate list to the
7general superintendent within 90 days after the date of the
8vacancy, the general superintendent may appoint a principal on
9an interim basis for a period of one year, during which time
10the local school council shall be able to select a new
11principal with 7 affirmative votes as provided in subsection
12(c) of Section 34-2.2.
13    2.5. Whenever a vacancy in the office of a principal occurs
14for any reason, the vacancy shall be filled in the manner
15provided by this Section by the selection of a new principal to
16serve under a 4 year performance contract.
17    3. To establish additional criteria to be included as part
18of the performance contract of its principal, provided that
19such additional criteria shall not discriminate on the basis of
20race, sex, creed, color or disability unrelated to ability to
21perform, and shall not be inconsistent with the uniform 4 year
22performance contract for principals developed by the board as
23provided in Section 34-8.1 of the School Code or with other
24provisions of this Article governing the authority and
25responsibility of principals.
26    4. To approve the expenditure plan prepared by the

 

 

10000SB3183sam001- 11 -LRB100 19044 AXK 37970 a

1principal with respect to all funds allocated and distributed
2to the attendance center by the Board. The expenditure plan
3shall be administered by the principal. Notwithstanding any
4other provision of this Act or any other law, any expenditure
5plan approved and administered under this Section 34-2.3 shall
6be consistent with and subject to the terms of any contract for
7services with a third party entered into by the Chicago School
8Reform Board of Trustees or the board under this Act.
9    Via a supermajority vote of 7 members of the local school
10council or 8 members of a high school local school council, the
11Council may transfer allocations pursuant to Section 34-2.3
12within funds; provided that such a transfer is consistent with
13applicable law and collective bargaining agreements.
14    Beginning in fiscal year 1991 and in each fiscal year
15thereafter, the Board may reserve up to 1% of its total fiscal
16year budget for distribution on a prioritized basis to schools
17throughout the school system in order to assure adequate
18programs to meet the needs of special student populations as
19determined by the Board. This distribution shall take into
20account the needs catalogued in the Systemwide Plan and the
21various local school improvement plans of the local school
22councils. Information about these centrally funded programs
23shall be distributed to the local school councils so that their
24subsequent planning and programming will account for these
25provisions.
26    Beginning in fiscal year 1991 and in each fiscal year

 

 

10000SB3183sam001- 12 -LRB100 19044 AXK 37970 a

1thereafter, from other amounts available in the applicable
2fiscal year budget, the board shall allocate a lump sum amount
3to each local school based upon such formula as the board shall
4determine taking into account the special needs of the student
5body. The local school principal shall develop an expenditure
6plan in consultation with the local school council, the
7professional personnel leadership committee and with all other
8school personnel, which reflects the priorities and activities
9as described in the school's local school improvement plan and
10is consistent with applicable law and collective bargaining
11agreements and with board policies and standards; however, the
12local school council shall have the right to request waivers of
13board policy from the board of education and waivers of
14employee collective bargaining agreements pursuant to Section
1534-8.1a.
16    The expenditure plan developed by the principal with
17respect to amounts available from the fund for prioritized
18special needs programs and the allocated lump sum amount must
19be approved by the local school council.
20    The lump sum allocation shall take into account the
21following principles:
22        a. Teachers: Each school shall be allocated funds equal
23    to the amount appropriated in the previous school year for
24    compensation for teachers (regular grades kindergarten
25    through 12th grade) plus whatever increases in
26    compensation have been negotiated contractually or through

 

 

10000SB3183sam001- 13 -LRB100 19044 AXK 37970 a

1    longevity as provided in the negotiated agreement.
2    Adjustments shall be made due to layoff or reduction in
3    force, lack of funds or work, change in subject
4    requirements, enrollment changes, or contracts with third
5    parties for the performance of services or to rectify any
6    inconsistencies with system-wide allocation formulas or
7    for other legitimate reasons.
8        b. Other personnel: Funds for other teacher
9    certificated and uncertificated personnel paid through
10    non-categorical funds shall be provided according to
11    system-wide formulas based on student enrollment and the
12    special needs of the school as determined by the Board.
13        c. Non-compensation items: Appropriations for all
14    non-compensation items shall be based on system-wide
15    formulas based on student enrollment and on the special
16    needs of the school or factors related to the physical
17    plant, including but not limited to textbooks, electronic
18    textbooks and the technological equipment necessary to
19    gain access to and use electronic textbooks, supplies,
20    electricity, equipment, and routine maintenance.
21        d. Funds for categorical programs: Schools shall
22    receive personnel and funds based on, and shall use such
23    personnel and funds in accordance with State and Federal
24    requirements applicable to each categorical program
25    provided to meet the special needs of the student body
26    (including but not limited to, Federal Chapter I,

 

 

10000SB3183sam001- 14 -LRB100 19044 AXK 37970 a

1    Bilingual, and Special Education).
2        d.1. Funds for State Title I: Each school shall receive
3    funds based on State and Board requirements applicable to
4    each State Title I pupil provided to meet the special needs
5    of the student body. Each school shall receive the
6    proportion of funds as provided in Section 18-8 or 18-8.15
7    to which they are entitled. These funds shall be spent only
8    with the budgetary approval of the Local School Council as
9    provided in Section 34-2.3.
10        e. The Local School Council shall have the right to
11    request the principal to close positions and open new ones
12    consistent with the provisions of the local school
13    improvement plan provided that these decisions are
14    consistent with applicable law and collective bargaining
15    agreements. If a position is closed, pursuant to this
16    paragraph, the local school shall have for its use the
17    system-wide average compensation for the closed position.
18        f. Operating within existing laws and collective
19    bargaining agreements, the local school council shall have
20    the right to direct the principal to shift expenditures
21    within funds.
22        g. (Blank).
23    Any funds unexpended at the end of the fiscal year shall be
24available to the board of education for use as part of its
25budget for the following fiscal year.
26    5. To make recommendations to the principal concerning

 

 

10000SB3183sam001- 15 -LRB100 19044 AXK 37970 a

1textbook selection and concerning curriculum developed
2pursuant to the school improvement plan which is consistent
3with systemwide curriculum objectives in accordance with
4Sections 34-8 and 34-18 of the School Code and in conformity
5with the collective bargaining agreement.
6    6. To advise the principal concerning the attendance and
7disciplinary policies for the attendance center, subject to the
8provisions of this Article and Article 26, and consistent with
9the uniform system of discipline established by the board
10pursuant to Section 34-19.
11    7. To approve a school improvement plan developed as
12provided in Section 34-2.4. The process and schedule for plan
13development shall be publicized to the entire school community,
14and the community shall be afforded the opportunity to make
15recommendations concerning the plan. At least twice a year the
16principal and local school council shall report publicly on
17progress and problems with respect to plan implementation.
18    8. To evaluate the allocation of teaching resources and
19other certificated and uncertificated staff to the attendance
20center to determine whether such allocation is consistent with
21and in furtherance of instructional objectives and school
22programs reflective of the school improvement plan adopted for
23the attendance center; and to make recommendations to the
24board, the general superintendent and the principal concerning
25any reallocation of teaching resources or other staff whenever
26the council determines that any such reallocation is

 

 

10000SB3183sam001- 16 -LRB100 19044 AXK 37970 a

1appropriate because the qualifications of any existing staff at
2the attendance center do not adequately match or support
3instructional objectives or school programs which reflect the
4school improvement plan.
5    9. To make recommendations to the principal and the general
6superintendent concerning their respective appointments, after
7August 31, 1989, and in the manner provided by Section 34-8 and
8Section 34-8.1, of persons to fill any vacant, additional or
9newly created positions for teachers at the attendance center
10or at attendance centers which include the attendance center
11served by the local school council.
12    10. To request of the Board the manner in which training
13and assistance shall be provided to the local school council.
14Pursuant to Board guidelines a local school council is
15authorized to direct the Board of Education to contract with
16personnel or not-for-profit organizations not associated with
17the school district to train or assist council members. If
18training or assistance is provided by contract with personnel
19or organizations not associated with the school district, the
20period of training or assistance shall not exceed 30 hours
21during a given school year; person shall not be employed on a
22continuous basis longer than said period and shall not have
23been employed by the Chicago Board of Education within the
24preceding six months. Council members shall receive training in
25at least the following areas:
26        1. school budgets;

 

 

10000SB3183sam001- 17 -LRB100 19044 AXK 37970 a

1        2. educational theory pertinent to the attendance
2    center's particular needs, including the development of
3    the school improvement plan and the principal's
4    performance contract; and
5        3. personnel selection.
6Council members shall, to the greatest extent possible,
7complete such training within 90 days of election.
8    11. In accordance with systemwide guidelines contained in
9the System-Wide Educational Reform Goals and Objectives Plan,
10criteria for evaluation of performance shall be established for
11local school councils and local school council members. If a
12local school council persists in noncompliance with systemwide
13requirements, the Board may impose sanctions and take necessary
14corrective action, consistent with Section 34-8.3.
15    12. Each local school council shall comply with the Open
16Meetings Act and the Freedom of Information Act. Each local
17school council shall issue and transmit to its school community
18a detailed annual report accounting for its activities
19programmatically and financially. Each local school council
20shall convene at least 2 well-publicized meetings annually with
21its entire school community. These meetings shall include
22presentation of the proposed local school improvement plan, of
23the proposed school expenditure plan, and the annual report,
24and shall provide an opportunity for public comment.
25    13. Each local school council is encouraged to involve
26additional non-voting members of the school community in

 

 

10000SB3183sam001- 18 -LRB100 19044 AXK 37970 a

1facilitating the council's exercise of its responsibilities.
2    14. The local school council may adopt a school uniform or
3dress code policy that governs the attendance center and that
4is necessary to maintain the orderly process of a school
5function or prevent endangerment of student health or safety,
6consistent with the policies and rules of the Board of
7Education. A school uniform or dress code policy adopted by a
8local school council: (i) shall not be applied in such manner
9as to discipline or deny attendance to a transfer student or
10any other student for noncompliance with that policy during
11such period of time as is reasonably necessary to enable the
12student to acquire a school uniform or otherwise comply with
13the dress code policy that is in effect at the attendance
14center into which the student's enrollment is transferred; and
15(ii) shall include criteria and procedures under which the
16local school council will accommodate the needs of or otherwise
17provide appropriate resources to assist a student from an
18indigent family in complying with an applicable school uniform
19or dress code policy. A student whose parents or legal
20guardians object on religious grounds to the student's
21compliance with an applicable school uniform or dress code
22policy shall not be required to comply with that policy if the
23student's parents or legal guardians present to the local
24school council a signed statement of objection detailing the
25grounds for the objection.
26    15. All decisions made and actions taken by the local

 

 

10000SB3183sam001- 19 -LRB100 19044 AXK 37970 a

1school council in the exercise of its powers and duties shall
2comply with State and federal laws, all applicable collective
3bargaining agreements, court orders and rules properly
4promulgated by the Board.
5    15a. To grant, in accordance with board rules and policies,
6the use of assembly halls and classrooms when not otherwise
7needed, including lighting, heat, and attendants, for public
8lectures, concerts, and other educational and social
9activities.
10    15b. To approve, in accordance with board rules and
11policies, receipts and expenditures for all internal accounts
12of the attendance center, and to approve all fund-raising
13activities by nonschool organizations that use the school
14building.
15    16. (Blank).
16    17. Names and addresses of local school council members
17shall be a matter of public record.
18(Source: P.A. 100-465, eff. 8-31-17.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202018.".