Public Act 93-0048

HB1235 Enrolled                      LRB093 06325 NHT 06444 b

    AN ACT in relation to schools.

    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 34-2.3, 34-2.4, 34-2.4a, and 34-8.1 as follows:

    (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
    Sec. 34-2.3.  Local school councils - Powers and  duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
    1. (A)  To  annually  evaluate  the  performance  of  the
principal  of  the  attendance  center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan,  (ii)  student  absenteeism  rates  at  the
school,  (iii)  instructional  leadership, (iv) the effective
implementation  of  programs,  policies,  or  strategies   to
improve  student academic achievement, (v) school management,
and (vi) any other  factors  deemed  relevant  by  the  local
school    council,   including,   without   limitation,   the
principal's communication skills and ability  to  create  and
maintain  a student-centered learning environment, to develop
opportunities for professional development, and to  encourage
parental  involvement  and  community partnerships to achieve
school improvement;
    (B)  to determine in the manner  provided  by  subsection
(c)  of  Section  34-2.2  and subdivision 1.5 of this Section
whether the performance contract of the  principal  shall  be
renewed; and
    (C)  to  directly  select,  in  the  manner  provided  by
subsection  (c) of Section 34-2.2, a new principal (including
a new principal to fill a vacancy) -- without submitting  any
list   of   candidates  for  that  position  to  the  general
superintendent as provided in paragraph 2 of this Section  --
to  serve  under a 4 year performance contract; provided that
(i) the determination of whether the principal's  performance
contract is to be renewed, based upon the evaluation required
by  subdivision  1.5  of this Section, shall be made no later
than  150  days  prior  to  the  expiration  of  the  current
performance-based contract of the principal,  (ii)  in  cases
where  such  performance  contract is not renewed -- a direct
selection of a new principal --  to  serve  under  a  4  year
performance  contract  shall  be  made  by  the  local school
council no later than 45 days prior to the expiration of  the
current  performance  contract  of the principal, and (iii) a
selection by the local school council of a new  principal  to
fill  a  vacancy under a 4 year performance contract shall be
made within 90 days after the date such  vacancy  occurs.   A
Council  shall be required, if requested by the principal, to
provide in writing the reasons for the council's not renewing
the principal's contract.
    1.5.  The local school council's determination of whether
to renew the  principal's  contract  shall  be  based  on  an
evaluation  to  assess  the  educational  and  administrative
progress  made  at  the school during the principal's current
performance-based contract.  The local school  council  shall
base  its  evaluation on (i) student academic improvement, as
defined  by  the  school  improvement  plan,   (ii)   student
absenteeism   rates   at   the  school,  (iii)  instructional
leadership, (iv) the effective  implementation  of  programs,
policies,   or   strategies   to   improve  student  academic
achievement,  (v)  school  management,  and  (vi)  any  other
factors  deemed  relevant  by  the  local   school   council,
including,  without limitation, the principal's communication
skills and ability to create and maintain a  student-centered
learning    environment,   to   develop   opportunities   for
professional   development,   and   to   encourage   parental
involvement and  community  partnerships  to  achieve  school
improvement.   If  a  local school council fails to renew the
performance contract of a  principal  rated  by  the  general
superintendent,  or  his  or  her  designee,  in the previous
years' evaluations as meeting or exceeding expectations,  the
principal,  within  15  days after the local school council's
decision not to renew the contract, may request a  review  of
the  local  school council's principal non-retention decision
by a hearing officer appointed by  the  American  Arbitration
Association.  A local school council member or members or the
general  superintendent  may  support the principal's request
for review. During the period of the hearing officer's review
of the local school council's decision on whether or  not  to
retain the principal, the local school council shall maintain
all  authority  to  search  for and contract with a person to
serve as interim or acting principal, or as the principal  of
the  attendance  center  under a 4-year performance contract,
provided that any performance contract entered  into  by  the
local  school  council  shall  be  voidable  or  modified  in
accordance  with  the  decision  of  the hearing officer. The
principal  may  request  review  only  once  while  at   that
attendance  center.   If  a  local  school council renews the
contract of a principal who failed  to  obtain  a  rating  of
"meets"    or   "exceeds   expectations"   in   the   general
superintendent's  evaluation  for  the  previous  year,   the
general superintendent, within 15 days after the local school
council's  decision  to  renew  the  contract,  may request a
review of the  local  school  council's  principal  retention
decision  by  a  hearing  officer  appointed  by the American
Arbitration  Association.   The  general  superintendent  may
request a  review  only  once  for  that  principal  at  that
attendance  center.   All requests to review the retention or
non-retention of  a  principal  shall  be  submitted  to  the
general  superintendent,  who  shall,  in  turn, forward such
requests,  within  14  days  of  receipt,  to  the   American
Arbitration  Association.  The  general  superintendent shall
send a contemporaneous copy of the request that was forwarded
to the American Arbitration Association to the principal  and
to  each  local  school  council  member and shall inform the
local school council of its rights and responsibilities under
the arbitration process, including the local school council's
right to representation and the manner and process  by  which
the   Board   shall   pay   the   costs   of   the  council's
representation. If  the  local  school  council  retains  the
principal and the general superintendent requests a review of
the  retention  decision,  the  local  school council and the
general superintendent shall be  considered  parties  to  the
arbitration,  a hearing officer shall be chosen between those
2 parties pursuant to procedures  promulgated  by  the  State
Board  of Education, and the principal may retain counsel and
participate in the arbitration.  If the local school  council
does  not  retain  the principal and the principal requests a
review of the retention decision, the  local  school  council
and   the  principal  shall  be  considered  parties  to  the
arbitration and a hearing officer  shall  be  chosen  between
those  2  parties  pursuant  to procedures promulgated by the
State Board of Education. The hearing shall begin (i)  within
45  days after the initial request for review is submitted by
the principal to the general superintendent or  (ii)  if  the
initial   request   for   review   is  made  by  the  general
superintendent, within 45 days after that request  is  mailed
to  the American Arbitration Association. The hearing officer
shall render a decision within  45  days  after  the  hearing
begins  and  within  90  days  after  the initial request for
review.  The  Board  shall   contract   with   the   American
Arbitration  Association  for  all  of  the hearing officer's
reasonable and necessary costs.  In addition, the Board shall
pay any reasonable costs incurred by a local  school  council
for representation before a hearing officer.
    1.10.  The hearing officer shall conduct a hearing, which
shall  include  (i)  a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation,  students,
parents,  local  school  council  members, school faculty and
staff, the principal, the general superintendent  or  his  or
her  designee,  and  members  of the community. The burden of
proof  in  establishing  that  the  local  school   council's
decision  was  arbitrary and capricious shall be on the party
requesting the arbitration, and this party shall sustain  the
burden  by  a  preponderance  of  the  evidence.  The hearing
officer shall set the local school council decision aside  if
that  decision,  in  light  of  the  record  developed at the
hearing, is arbitrary and capricious.  The  decision  of  the
hearing officer may not be appealed to the Board or the State
Board  of Education.  If the hearing officer decides that the
principal shall be retained, the retention period  shall  not
exceed 2 years.
    2.  In  the  event  (i) the local school council does not
renew the performance  contract  of  the  principal,  or  the
principal  fails to receive a satisfactory rating as provided
in subsection (h) of Section  34-8.3,  or  the  principal  is
removed  for  cause during the term of his or her performance
contract in the  manner  provided  by  Section  34-85,  or  a
vacancy  in  the position of principal otherwise occurs prior
to the expiration of the term of  a  principal's  performance
contract, and (ii) the local school council fails to directly
select  a  new  principal to serve under a 4 year performance
contract, the local school council in such event shall submit
to the general superintendent  a  list  of  3  candidates  --
listed  in  the local school council's order of preference --
for the position of principal, one of which shall be selected
by the general superintendent to serve as  principal  of  the
attendance  center.   If  the general superintendent fails or
refuses to select one of the candidates on the list to  serve
as  principal  within  30 days after being furnished with the
candidate list, the general superintendent shall  select  and
place a principal on an interim basis (i) for a period not to
exceed  one  year  or  (ii)  until  the  local school council
selects a new principal with 7 affirmative votes as  provided
in  subsection (c) of Section 34-2.2, whichever occurs first.
If the local school council fails or refuses  to  select  and
appoint  a  new  principal, as specified by subsection (c) of
Section 34-2.2, the general  superintendent  may  select  and
appoint a new principal on an interim basis for an additional
year  or  until  a  new contract principal is selected by the
local school council.  There shall be  no  discrimination  on
the  basis of race, sex, creed, color or disability unrelated
to ability to perform in connection with  the  submission  of
candidates  for, and the selection of a candidate to serve as
principal of  an  attendance  center.   No  person  shall  be
directly  selected, listed as a candidate for, or selected to
serve as principal of an attendance center (i) if such person
has been removed for cause from employment by  the  Board  or
(ii)  if  such  person  does  not hold a valid administrative
certificate issued or exchanged under Article 21 and endorsed
as required by that Article for the position of principal.  A
principal  whose  performance  contract  is  not  renewed  as
provided  under  subsection  (c)  of   Section   34-2.2   may
nevertheless,  if otherwise qualified and certified as herein
provided and if he or she has received a satisfactory  rating
as  provided in subsection (h) of Section 34-8.3, be included
by a local school council as one of the 3  candidates  listed
in  order  of preference on any candidate list from which one
person is to  be  selected  to  serve  as  principal  of  the
attendance  center  under  a  new  performance contract.  The
initial candidate list required to be submitted  by  a  local
school  council  to the general superintendent in cases where
the local school  council  does  not  renew  the  performance
contract  of its principal and does not directly select a new
principal to serve under a 4 year performance contract  shall
be  submitted  not later than 30 days prior to the expiration
of the current performance  contract.   In  cases  where  the
local school council fails or refuses to submit the candidate
list  to  the  general  superintendent  no later than 30 days
prior  to  the  expiration  of  the   incumbent   principal's
contract,  the general superintendent may appoint a principal
on an interim basis for a period  not  to  exceed  one  year,
during  which  time the local school council shall be able to
select a new principal with 7 affirmative votes  as  provided
in  subsection  (c)  of  Section  34-2.2.   In  cases where a
principal is removed for cause or a vacancy otherwise  occurs
in the position of principal and the vacancy is not filled by
direct  selection  by the local school council, the candidate
list shall be submitted by the local school  council  to  the
general  superintendent  within  90  days after the date such
removal or vacancy occurs. In cases where  the  local  school
council  fails or refuses to submit the candidate list to the
general superintendent within 90 days after the date  of  the
vacancy,  the  general superintendent may appoint a principal
on an interim basis for a period of one  year,  during  which
time  the  local school council shall be able to select a new
principal with 7 affirmative votes as provided in  subsection
(c) of Section 34-2.2.
    2.5.  Whenever  a  vacancy  in  the office of a principal
occurs for any reason, the vacancy shall  be  filled  in  the
manner  provided  by  this  Section by the selection of a new
principal to serve under a 4 year performance contract.
    3.  To establish additional criteria to  be  included  as
part  of  the performance contract of its principal, provided
that such additional criteria shall not discriminate  on  the
basis  of  race, sex, creed, color or disability unrelated to
ability to perform, and shall not be  inconsistent  with  the
uniform  4 year performance contract for principals developed
by the board as provided in Section 34-8.1 of the School Code
or with  other  provisions  of  this  Article  governing  the
authority and responsibility of principals.
    4.  To  approve  the  expenditure  plan  prepared  by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board.  The expenditure  plan
shall  be  administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and  administered  under  this  Section  34-2.3
shall  be  consistent  with  and  subject to the terms of any
contract for services with a third party entered into by  the
Chicago  School  Reform  Board of Trustees or the board under
this Act.
    Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local  school  council,
the  Council  may  transfer  allocations  pursuant to Section
34-2.3  within  funds;  provided  that  such  a  transfer  is
consistent with  applicable  law  and  collective  bargaining
agreements.
    Beginning  in  fiscal  year  1991 and in each fiscal year
thereafter, the Board may reserve  up  to  1%  of  its  total
fiscal year budget for distribution on a prioritized basis to
schools  throughout  the  school  system  in  order to assure
adequate programs  to  meet  the  needs  of  special  student
populations  as  determined  by the Board.  This distribution
shall  take  into  account  the  needs  catalogued   in   the
Systemwide  Plan  and  the  various  local school improvement
plans of the local school councils.  Information about  these
centrally  funded  programs shall be distributed to the local
school  councils  so  that  their  subsequent  planning   and
programming will account for these provisions.
    Beginning  in  fiscal  year  1991 and in each fiscal year
thereafter, from other amounts available  in  the  applicable
fiscal  year  budget,  the  board  shall  allocate a lump sum
amount to each local school based upon such  formula  as  the
board  shall  determine taking into account the special needs
of the  student  body.   The  local  school  principal  shall
develop  an  expenditure  plan in consultation with the local
school  council,  the   professional   personnel   leadership
advisory committee and with all other school personnel, which
reflects  the  priorities  and activities as described in the
school's local school improvement plan and is consistent with
applicable law and collective bargaining agreements and  with
board  policies  and  standards;  however,  the  local school
council shall have the right  to  request  waivers  of  board
policy  from  the  board of education and waivers of employee
collective bargaining agreements pursuant to Section 34-8.1a.
    The expenditure plan  developed  by  the  principal  with
respect  to  amounts  available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
    The lump sum  allocation  shall  take  into  account  the
following principles:
         a.  Teachers:  Each  school shall be allocated funds
    equal to the amount appropriated in the  previous  school
    year   for  compensation  for  teachers  (regular  grades
    kindergarten through 12th grade) plus whatever  increases
    in  compensation  have  been  negotiated contractually or
    through  longevity  as   provided   in   the   negotiated
    agreement.   Adjustments  shall  be made due to layoff or
    reduction in force, lack of  funds  or  work,  change  in
    subject  requirements,  enrollment  changes, or contracts
    with third parties for the performance of services or  to
    rectify  any  inconsistencies with system-wide allocation
    formulas or for other legitimate reasons.
         b.  Other  personnel:  Funds   for   other   teacher
    certificated  and  uncertificated  personnel paid through
    non-categorical funds  shall  be  provided  according  to
    system-wide  formulas based on student enrollment and the
    special needs of the school as determined by the Board.
         c.  Non-compensation items: Appropriations  for  all
    non-compensation  items  shall  be  based  on system-wide
    formulas based on student enrollment and on  the  special
    needs  of  the  school or factors related to the physical
    plant, including but not limited to textbooks,  supplies,
    electricity, equipment, and routine maintenance.
         d.  Funds  for  categorical  programs: Schools shall
    receive personnel and funds based on, and shall use  such
    personnel  and funds in accordance with State and Federal
    requirements  applicable  to  each  categorical   program
    provided  to  meet  the special needs of the student body
    (including  but  not  limited  to,  Federal  Chapter   I,
    Bilingual, and Special Education).
         d.1.  Funds  for  State  Title I:  Each school shall
    receive funds  based  on  State  and  Board  requirements
    applicable  to  each State Title I pupil provided to meet
    the special needs of the student body.  Each school shall
    receive the proportion of funds as  provided  in  Section
    18-8  to  which  they are entitled.  These funds shall be
    spent only with  the  budgetary  approval  of  the  Local
    School Council as provided in Section 34-2.3.
         e.  The Local School Council shall have the right to
    request  the  principal  to  close positions and open new
    ones consistent with the provisions of the  local  school
    improvement   plan  provided  that  these  decisions  are
    consistent with applicable law and collective  bargaining
    agreements.   If  a  position is closed, pursuant to this
    paragraph, the local school shall have for  its  use  the
    system-wide average compensation for the closed position.
         f.  Operating  within  existing  laws and collective
    bargaining agreements, the  local  school  council  shall
    have   the   right  to  direct  the  principal  to  shift
    expenditures within funds.
         g.  (Blank).
    Any funds unexpended at the end of the fiscal year  shall
be available to the board of education for use as part of its
budget for the following fiscal year.
    5.  To  make  recommendations to the principal concerning
textbook  selection  and  concerning   curriculum   developed
pursuant  to  the school improvement plan which is consistent
with systemwide  curriculum  objectives  in  accordance  with
Sections  34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
    6.  To advise the principal concerning the attendance and
disciplinary policies for the attendance center,  subject  to
the provisions of this Article and Article 26, and consistent
with  the  uniform  system  of  discipline established by the
board pursuant to Section 34-19.
    7.  To approve a school  improvement  plan  developed  as
provided in Section 34-2.4. The process and schedule for plan
development   shall   be  publicized  to  the  entire  school
community,  and  the  community   shall   be   afforded   the
opportunity  to make recommendations concerning the plan.  At
least twice a year the principal  and  local  school  council
shall  report  publicly on progress and problems with respect
to plan implementation.
    8.  To evaluate the allocation of teaching resources  and
other certificated and uncertificated staff to the attendance
center  to  determine  whether  such allocation is consistent
with and  in  furtherance  of  instructional  objectives  and
school  programs  reflective  of  the school improvement plan
adopted   for   the   attendance   center;   and   to    make
recommendations  to the board, the general superintendent and
the  principal  concerning  any  reallocation   of   teaching
resources or other staff whenever the council determines that
any    such   reallocation   is   appropriate   because   the
qualifications of any existing staff at the attendance center
do not adequately match or support  instructional  objectives
or school programs which reflect the school improvement plan.
    9.  To  make  recommendations  to  the  principal and the
general   superintendent    concerning    their    respective
appointments,  after  August  31,  1989,  and  in  the manner
provided by Section 34-8 and Section 34-8.1,  of  persons  to
fill  any  vacant,  additional or newly created positions for
teachers at the attendance center or  at  attendance  centers
which  include  the  attendance  center  served  by the local
school council.
    10.  To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to  Board  guidelines  a  local  school  council  is
authorized  to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council  members.   If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period  of  training  or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall  not  have
been  employed  by  the Chicago Board of Education within the
preceding six months.  Council members shall receive training
in at least the following areas:
         1.  school budgets;
         2.  educational theory pertinent to  the  attendance
    center's  particular  needs, including the development of
    the  school  improvement   plan   and   the   principal's
    performance contract; and
         3.  personnel selection.
Council  members  shall,  to  the  greatest  extent possible,
complete such training within 90 days of election.
    11.  In accordance with systemwide  guidelines  contained
in  the  System-Wide  Educational Reform Goals and Objectives
Plan,  criteria  for  evaluation  of  performance  shall   be
established  for  local  school  councils  and  local  school
council  members.   If  a  local  school  council persists in
noncompliance with systemwide  requirements,  the  Board  may
impose   sanctions  and  take  necessary  corrective  action,
consistent with Section 34-8.3.
    12.  Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act.  Each  local
school  council  shall  issue  and  transmit  to  its  school
community   a  detailed  annual  report  accounting  for  its
activities  programmatically  and  financially.   Each  local
school council  shall  convene  at  least  2  well-publicized
meetings  annually  with  its entire school community.  These
meetings shall include presentation  of  the  proposed  local
school  improvement  plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
    13.  Each local school council is encouraged  to  involve
additional  non-voting  members  of  the  school community in
facilitating the council's exercise of its responsibilities.
    14.  The local school council may adopt a school  uniform
or  dress  code policy that governs the attendance center and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the  policies  and  rules  of  the  Board  of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as  to discipline or deny attendance to a transfer student or
any other student for noncompliance with that  policy  during
such  period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply  with
the  dress  code  policy  that is in effect at the attendance
center into which the student's  enrollment  is  transferred;
and  (ii)  shall include criteria and procedures under  which
the local school council will accommodate  the  needs  of  or
otherwise  provide  appropriate resources to assist a student
from an indigent  family  in  complying  with  an  applicable
school  uniform or dress code policy. 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.
    15.  All  decisions  made  and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining  agreements,  court  orders  and  rules   properly
promulgated by the Board.
    15a.  To  grant,  in  accordance  with  board  rules  and
policies,  the  use of assembly halls and classrooms when not
otherwise needed, including lighting, heat,  and  attendants,
for  public  lectures,  concerts,  and  other educational and
social activities.
    15b.  To approve, in  accordance  with  board  rules  and
policies, receipts and expenditures for all internal accounts
of  the  attendance  center,  and to approve all fund-raising
activities by nonschool organizations  that  use  the  school
building.
    16.  (Blank).
    17.  Names  and addresses of local school council members
shall be a matter of public record.
(Source: P.A.  90-14,  eff.  7-1-97;  91-622,  eff.  8-19-99;
91-728, eff. 6-2-00.)

    (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
    Sec.  34-2.4.   School  improvement plan.  A 3 year local
school improvement plan shall be developed and implemented at
each  attendance  center.  This  plan   shall   reflect   the
overriding  purpose  of  the  attendance  center  to  improve
educational quality. The local school principal shall develop
a  school  improvement  plan  in  consultation with the local
school council, all categories of school staff,  parents  and
community  residents. Once the plan is developed, reviewed by
the professional personnel leadership committee, and approved
by and after the local school council has approved the  same,
the    principal   shall   be   responsible   for   directing
implementation of the plan,  and  the  local  school  council
shall  monitor  its implementation.  After the termination of
the initial 3 year plan, a new 3 year plan shall be developed
and modified as appropriate on an annual basis.
    The school improvement plan shall be designed to  achieve
priority goals including but not limited to:
         (a)  assuring   that   students   show   significant
    progress  toward  meeting and exceeding State performance
    standards in State mandated learning areas, including the
    mastery of higher order thinking skills in these areas;
         (b)  assuring that students attend school  regularly
    and  graduate from school at such rates that the district
    average equals or surpasses national norms;
         (c)  assuring that students are adequately  prepared
    for  and  aided  in  making  a  successful  transition to
    further education and life experience;
         (d)  assuring that students are adequately  prepared
    for  and  aided  in  making  a  successful  transition to
    employment; and
         (e)  assuring that  students  are,  to  the  maximum
    extent   possible,   provided   with  a  common  learning
    experience that is of  high  academic  quality  and  that
    reflects  high  expectations for all students' capacities
    to learn.
    With  respect  to  these  priority  goals,   the   school
improvement  plan  shall  include  but  not be limited to the
following:
         (a)  an analysis of data collected in the attendance
    center and community indicating  the  specific  strengths
    and  weaknesses  of the attendance center in light of the
    goals  specified  above,  including  data  and   analysis
    specified  by  the State Board of Education pertaining to
    specific measurable outcomes for student performance, the
    attendance centers, and their instructional programs;
         (b)  a description of specific annual objectives the
    attendance center will  pursue  in  achieving  the  goals
    specified above;
         (c)  a  description  of  the specific activities the
    attendance  center  will   undertake   to   achieve   its
    objectives;
         (d)  an analysis of the attendance center's staffing
    pattern and material resources, and an explanation of how
    the  attendance  center's  planned  staffing pattern, the
    deployment of staff, and the use  of  material  resources
    furthers the objectives of the plan;
         (e)  a   description  of  the  key  assumptions  and
    directions of the school's curriculum  and  the  academic
    and  non-academic  programs of the attendance center, and
    an explanation of how this curriculum and these  programs
    further the goals and objectives of the plan;
         (f)  a  description  of the steps that will be taken
    to enhance educational opportunities  for  all  students,
    regardless   of   gender,   including   limited   English
    proficient   students,   disabled   students,  low-income
    students and minority students;
         (g)  a description of any steps which may  be  taken
    by  the  attendance  center  to educate parents as to how
    they can assist  children  at  home  in  preparing  their
    children to learn effectively;
         (h)  a  description  of  the  steps  the  attendance
    center  will  take to coordinate its efforts with, and to
    gain  the  participation  and   support   of,   community
    residents,   business   organizations,  and  other  local
    institutions and individuals;
         (i)  a description of any staff development  program
    for  all school staff and volunteers tied to the priority
    goals, objectives, and activities specified in the plan;
         (j)  a description of the  steps  the  local  school
    council  will  undertake to monitor implementation of the
    plan on an ongoing basis;
         (k)  a  description  of  the  steps  the  attendance
    center will take to ensure  that  teachers  have  working
    conditions   that   provide  a  professional  environment
    conducive to fulfilling their responsibilities;
         (l)  a  description  of  the  steps  the  attendance
    center  will  take  to  ensure  teachers  the  time   and
    opportunity to incorporate new ideas and techniques, both
    in  subject  matter  and  teaching skills, into their own
    work;
         (m)  a  description  of  the  steps  the  attendance
    center  will  take  to  encourage  pride   and   positive
    identification with the attendance center through various
    athletic activities; and
         (n)  a  description  of  the  student  need  for and
    provision of services to special populations, beyond  the
    standard  school programs provided for students in grades
    K through 12 and  those  enumerated  in  the  categorical
    programs  cited  in  item  d of part 4 of Section 34-2.3,
    including  financial  costs  of  providing  same  and   a
    timeline   for   implementing   the  necessary  services,
    including but not limited, when applicable,  to  ensuring
    the  provisions  of  educational services to all eligible
    children aged 4 years for the  1990-91  school  year  and
    thereafter,  reducing  class  size  to  State averages in
    grades K-3 for the 1991-92 school year and thereafter and
    in all grades for the 1993-94 school year and thereafter,
    and providing sufficient staff and facility resources for
    students not served in the regular classroom setting.
    Based  on  the  analysis  of  data  collected  indicating
specific strengths and weaknesses of the  attendance  center,
the  school  improvement plan may place greater emphasis from
year to year on particular priority  goals,  objectives,  and
activities.
(Source: P.A. 88-686, eff. 1-24-95.)

    (105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
    Sec. 34-2.4a.  Professional personnel leadership advisory
committee.
    (a)  At  each attendance center operated pursuant to this
Article,  a  professional   personnel   leadership   advisory
committee  consisting  of  (i)  up  to 7 members elected each
school year who are certified classroom teachers or and other
certificated personnel, who are employed  at  the  attendance
center,  and  who  desire  to be members of the committee and
(ii) the 2 teacher members of the local school  council.  The
teacher  members  of  the local school council shall serve as
co-chairs of the committee, or  one  teacher  member  of  the
local  school  council chosen by the committee shall serve as
chair of the committee. The size of the  committee  shall  be
determined  by  the  certified  classroom  teachers and other
certificated personnel at the  attendance  center,  including
the principal.
    (b)  The  purpose  of  the  committee  is  to develop and
formally present recommendations to  shall  be  elected  each
school year for the purpose of advising the principal and the
local  school  council on all matters of educational program,
including  but  not  limited  to   curriculum,   and   school
improvement  plan  development and implementation, and school
budgeting.
    (c)  For the elected  committee  members,  the  principal
shall convene a publicized meeting of all certified classroom
teachers  and  other certificated personnel, at which meeting
those certified classroom  teachers  and  other  certificated
personnel  present,  excluding  the  principal,  shall  elect
members teachers and other certificated personnel to serve on
the  committee.  The  total  number  of  teachers  and  other
certificated   personnel  to  be  elected  to  serve  on  the
committee during the school year shall be determined  by  the
certified classroom teachers and other certificated personnel
present  at  the  meeting  at  which  the  teachers and other
certificated personnel are to  be  elected.  A  staff  member
eligible  to  vote may vote for the same number of candidates
in the election as the number of members  to  be  elected  as
many  candidates as are to be elected, but votes shall not be
cumulated.  Ties shall be determined by lot.  Vacancies shall
be filled in like manner.
    (d) All committee meetings shall be held before or  after
school  with no loss of instructional time. Committee members
shall  receive  no  compensation  for  their  activities   as
committee members.
    (e)  In  furtherance  of its purpose, the committee shall
have the authority to gather information  from  school  staff
through  interviews,  on  noninstructional  time, without the
prior approval of the principal, the  local  school  council,
the  board, the board's chief executive officer, or the chief
executive officer's administrative staff.
    The committee shall meet once a month with the  principal
to  make  recommendations  to  the  principal  regarding  the
specific  methods and contents of the school's curriculum and
to  make  other   educational   improvement   recommendations
approved  by  the  committee.  A  report  from  the committee
regarding these matters may be an agenda item at each regular
meeting of the local school council.
    The  principal  shall  provide  the  committee  with  the
opportunity to review and make recommendations regarding  the
school  improvement  plan  and  school  budget.  The  teacher
members  of  the  local  school  council  may  bring  motions
concerning  the  recommendations  approved  by the committee,
which motions shall formally be considered at meetings of the
local school council.
(Source: P.A. 85-1418; 86-1477.)

    (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
    Sec. 34-8.1.  Principals. Principals shall be employed to
supervise the operation of  each  attendance  center.   Their
powers  and  duties  shall  include but not be limited to the
authority (i) to direct,  supervise,  evaluate,  and  suspend
with  or  without  pay  or otherwise discipline all teachers,
assistant principals, and other  employees  assigned  to  the
attendance center in accordance with board rules and policies
and  (ii)  to  direct  all  other  persons  assigned  to  the
attendance  center  pursuant to a contract with a third party
to provide services to  the  school  system.   The  right  to
employ, discharge, and layoff shall be vested solely with the
board.   The principal shall fill positions by appointment as
provided in this Section and may make recommendations to  the
board  regarding  the employment, discharge, or layoff of any
individual.  The authority of the principal shall include the
authority to direct the hours  during  which  the  attendance
center  shall  be open and available for use provided the use
complies with board rules and policies, to determine when and
what operations shall be conducted within those hours, and to
schedule staff within those hours. Under  the  direction  of,
and  subject  to the authority of the principal, the Engineer
In Charge shall  be  accountable  for  the  safe,  economical
operation  of  the  plant  and  grounds  and  shall  also  be
responsible  for  orientation,  training, and supervising the
work of Engineers, Trainees, school  maintenance  assistants,
custodial  workers  and other plant operation employees under
his or her direction.
    There shall be established  by  the  board  a  system  of
semi-annual  evaluations  conducted  by  the  principal as to
performance of the  engineer  in  charge.   Nothing  in  this
Section   shall   prevent   the   principal  from  conducting
additional evaluations.  An overall  numerical  rating  shall
be  given  by the principal based on the evaluation conducted
by the principal.  An unsatisfactory numerical  rating  shall
result  in  disciplinary  action,  which may include, without
limitation and in the judgment  of  the  principal,  loss  of
promotion or bidding procedure, reprimand, suspension with or
without  pay,  or  recommended  dismissal.   The  board shall
establish  procedures  for  conducting  the  evaluation   and
reporting the results to the engineer in charge.
    Under  the direction of, and subject to the authority of,
the principal, the Food Service Manager is responsible at all
times for the proper operation and maintenance of  the  lunch
room  to  which  he is assigned and shall also be responsible
for the orientation, training, and supervising  the  work  of
cooks, bakers, porters, and lunchroom attendants under his or
her direction.
    There  shall  be  established  by  the  Board a system of
semi-annual evaluations conducted by the principal as to  the
performance  of  the  food  service  manager. Nothing in this
Section  shall  prevent   the   principal   from   conducting
additional  evaluations. An overall numerical rating shall be
given by the principal based on the evaluation  conducted  by
the  principal.   An  unsatisfactory  numerical  rating shall
result in disciplinary  action  which  may  include,  without
limitation  and  in  the  judgment  of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay,  or  recommended  dismissal.   The  board  shall
establish  rules  for conducting the evaluation and reporting
the results to the food service manager.
    Nothing in this Section shall be interpreted  to  require
the  employment  or  assignment of an Engineer-In-Charge or a
Food Service Manager for each attendance center.
    Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due to extended illness or leave  or  absence,  an  assistant
principal  may  be  assigned as acting principal for a period
not to exceed 100 school days. Each  principal  shall  assume
administrative  responsibility  and instructional leadership,
in accordance with  reasonable rules and regulations  of  the
board,  for  the  planning,  operation  and evaluation of the
educational program of the attendance center to which  he  is
assigned.  The  principal shall submit recommendations to the
general superintendent concerning the appointment, dismissal,
retention,  promotion,  and  assignment  of   all   personnel
assigned  to  the  attendance center; provided, that from and
after September 1, 1989: (i)  if  any  vacancy  occurs  in  a
position  at the attendance center or if an additional or new
position is created at the attendance center,  that  position
shall  be  filled  by  appointment  made  by the principal in
accordance with procedures established and  provided  by  the
Board  whenever  the  majority of the duties included in that
position are to be performed at the attendance  center  which
is   under   the   principal's  supervision,  and  each  such
appointment so made by the principal shall be made and  based
upon  merit  and  ability to perform in that position without
regard to seniority or length of service, provided, that such
appointments shall be subject to  the  Board's  desegregation
obligations,  including but not limited to the Consent Decree
and Desegregation Plan in U.S. v. Chicago Board of Education;
(ii) the principal shall submit  recommendations  based  upon
merit  and  ability  to  perform  in the particular position,
without regard to seniority or  length  of  service,  to  the
general  superintendent  concerning  the  appointment  of any
teacher, teacher aide, counselor, clerk, hall guard, security
guard and any other personnel which is  to  be  made  by  the
general  superintendent  whenever less than a majority of the
duties of that teacher, teacher aide, counselor, clerk,  hall
guard,  and  security guard and any other personnel are to be
performed  at  the  attendance  center  which  is  under  the
principal's supervision; and (iii) subject  to  law  and  the
applicable  collective  bargaining  agreements, the authority
and responsibilities of  a  principal  with  respect  to  the
evaluation of all teachers and other personnel assigned to an
attendance  center shall commence immediately upon his or her
appointment as principal of the  attendance  center,  without
regard  to  the  length  of  time that he or she has been the
principal of that attendance center.
    Notwithstanding the existence of any other  law  of  this
State,  nothing  in  this  Act  shall  prevent the board from
entering into a contract with  a  third  party  for  services
currently  performed  by  any  employee  or  bargaining  unit
member.
    Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount  of  no more than $10,000, if the contract is endorsed
by the Local School Council.
    Unless otherwise prohibited by law  or  by  rule  of  the
board,  the  principal  shall provide to local school council
members copies of all internal audits and any other pertinent
information  generated  by  any  audits  or  reviews  of  the
programs and operation of the attendance center.
    Each  principal  shall  hold   a   valid   administrative
certificate issued or exchanged in accordance with Article 21
and  endorsed as required by that Article for the position of
principal.  The  board  may  establish  or  impose  academic,
educational, examination,  and  experience  requirements  and
criteria  that  are  in  addition  to  those  established and
required by Article 21 for issuance of  a  valid  certificate
endorsed  for the position of principal as a condition of the
nomination, selection, appointment, employment, or  continued
employment of a person as principal of any attendance center,
or   as  a  condition  of  the  renewal  of  any  principal's
performance contract.
    The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify  in
the  4 year performance contracts for use with respect to all
principals, that his or her primary responsibility is in  the
improvement  of instruction.  A majority of the time spent by
a  principal  shall  be  spent  on   curriculum   and   staff
development  through  both  formal  and  informal activities,
establishing clear lines of  communication  regarding  school
goals,  accomplishments,  practices and policies with parents
and teachers.  The principal,  with  the  assistance  of  the
local school council, shall develop a school improvement plan
as  provided in Section 34-2.4 and, upon approval of the plan
by  the  local  school  council,  shall  be  responsible  for
directing implementation of the plan. The principal, with the
assistance of the professional personnel leadership  Advisory
committee, shall develop the specific methods and contents of
the   school's  curriculum  within  the  board's  system-wide
curriculum standards and objectives and the  requirements  of
the  school improvement plan. The board shall ensure that all
principals are evaluated on  their  instructional  leadership
ability  and  their  ability to maintain a positive education
and learning climate.  It shall also be the responsibility of
the principal to utilize resources of proper law  enforcement
agencies when the safety and welfare of students and teachers
are  threatened  by  illegal  use  of  drugs  and alcohol, by
illegal use or possession of  weapons,  or  by  illegal  gang
activity.
    On  or before October 1, 1989, the Board of Education, in
consultation with any professional organization  representing
principals  in  the  district,  shall  promulgate  rules  and
implement  a lottery for the purpose of determining whether a
principal's  existing  performance  contract  (including  the
performance contract applicable to any  principal's  position
in  which  a vacancy then exists) expires on June 30, 1990 or
on June 30, 1991, and whether the ensuing 4 year  performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education  shall  establish  and  conduct the lottery in such
manner that of all the performance  contracts  of  principals
(including   the  performance  contracts  applicable  to  all
principal positions in which a vacancy then exists),  50%  of
such  contracts  shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal  on
May 1, 1989, and all persons appointed as principal after May
1,  1989  and  prior  to  July  1, 1990 or July 1, 1991, in a
manner other than as provided by  Section  34-2.3,  shall  be
deemed  by operation of law to be serving under a performance
contract which expires on June 30, 1990 or June 30, 1991; and
unless such performance contract of  any  such  principal  is
renewed  (or  such  person  is  again  appointed  to serve as
principal) in  the  manner  provided  by  Section  34-2.2  or
34-2.3,  the  employment  of  such  person as principal shall
terminate on June 30, 1990 or June 30, 1991.
    Commencing on July 1, 1990,  or  on  July  1,  1991,  and
thereafter,  the principal of each attendance center shall be
the person selected in the manner provided by Section  34-2.3
to  serve  as  principal  of that attendance center under a 4
year performance  contract.   All  performance  contracts  of
principals  expiring  after  July  1,  1990, or July 1, 1991,
shall commence on the date specified in the contract, and the
renewal of their performance contracts and the appointment of
principals when their performance contracts are  not  renewed
shall  be governed by Sections 34-2.2 and 34-2.3.  Whenever a
vacancy in the office of a principal occurs for  any  reason,
the  vacancy  shall  be  filled  by  the  selection  of a new
principal to serve under a 4 year performance contract in the
manner provided by Section 34-2.3.
    The board of education  shall  develop  and  prepare,  in
consultation with the organization representing principals, a
performance  contract  for use at all attendance centers, and
shall furnish the same to each  local  school  council.   The
term of the performance contract shall be 4 years, unless the
principal  is  retained  by the decision of a hearing officer
pursuant to subdivision 1.5 of Section 34-2.3, in which  case
the contract shall be extended for 2 years.   The performance
contract  of  each  principal  shall  consist  of the uniform
performance contract, as  developed  or  from  time  to  time
modified  by  the  board, and such additional criteria as are
established by a local school  council  pursuant  to  Section
34-2.3 for the performance contract of its principal.
    During  the  term  of  his or her performance contract, a
principal  may  be  removed  only  as  provided  for  in  the
performance contract except for cause.  He or she shall  also
be  obliged  to  follow  the  rules of the board of education
concerning conduct and efficiency.
    In the event the performance contract of a  principal  is
not  renewed  or  a principal is not reappointed as principal
under a new performance contract, or in the event a principal
is appointed to any  position  of  superintendent  or  higher
position,  or  voluntarily resigns his position of principal,
his or her employment as a principal shall terminate and such
former principal shall not be reinstated to the position from
which he or she was promoted to principal, except that he  or
she,  if otherwise qualified and certified in accordance with
Article 21, shall be  placed  by  the  board  on  appropriate
eligibility lists which it prepares for use in the filling of
vacant or additional or newly created positions for teachers.
The principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.
    In  the  event the performance contract of a principal is
not renewed or a principal is not  reappointed  as  principal
under  a  new  performance  contract, such principal shall be
eligible  to  continue  to  receive  his  or  her  previously
provided level of health insurance benefits for a  period  of
90  days  following  the  non-renewal  of  the contract at no
expense to the principal, provided that  such  principal  has
not retired.
(Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)

    Section 99. Effective date. This Act takes effect on July
1, 2003.

Effective Date: 07/01/03