Public Act 099-0846
 
SB0242 EnrolledLRB099 03144 NHT 23152 b



    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 
10-21.4 and 10-23.8 as follows:
 



    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)



    Sec. 10-21.4. Superintendent - Duties. Except in districts

in which there is only one school with fewer less than 4 four

teachers, to employ a superintendent, who shall have charge
of 
the administration of the schools under the direction of
the 
board of education. However, in any school district that has 
boundaries that lie in 3 counties, one county of which has a 
population exceeding 1,000,000 inhabitants, that has an 
enrollment of more than 35,000 students, and that has on staff 
properly licensed assistant superintendents or directors in 
the areas of instruction, finance, special education, 
assessments, and career and technology education, the school 
board may instead, by a vote of a majority of its full 
membership, appoint a chief executive officer to serve as its 
superintendent, who shall be a person of recognized 
administrative ability and management experience, hold a 
master's degree, have been employed with the school district 
for a minimum of 5 years in an administrative capacity, be 
responsible for the management of the district, and have all 
other powers and duties of a superintendent as set forth in 
this Code, but who shall be exempt from the provisions and 
requirements of Section 21B-15 of this Code for a period of 5 
years.  
    In addition to the administrative
duties, the 
superintendent shall make recommendations to
the board 
concerning the budget, building plans, the
locations of sites, 
the selection, retention and dismissal of teachers
and all 
other employees, the selection of textbooks, instructional 
material
and courses of study.
However, in districts under a 
Financial Oversight Panel pursuant to
Section 1A-8 for 
violating a financial plan, the duties and responsibilities of

the superintendent in relation to the financial and business 
operations of the
district shall be approved by the Panel. In 
the event the Board refuses or
fails to follow a directive or 
comply with an information request of the Panel,
the 
performance of those duties shall be subject to the direction 
of the
Panel.
The superintendent shall also notify the State 
Board
of Education, the board and the chief administrative 
official, other than
the alleged perpetrator himself, in the 
school where the alleged
perpetrator serves, that any person 
who is employed in a school or
otherwise comes into frequent 
contact with children
in the school has been named as a 
perpetrator in an indicated report filed
pursuant to the Abused 
and Neglected Child Reporting Act, approved June 26,
1975, as 
amended.  The superintendent shall keep or cause to be kept the

records and accounts as directed and required by the board, aid 
in making
reports required by the board, and perform such other 
duties as the board
may delegate to him.

    In addition, each year at a time designated by the State 
Superintendent of Education,
each
superintendent shall report 
to the State Board of Education the number of high school 
students in the
district who are enrolled in accredited courses 
(for which high school
credit will be awarded upon successful 
completion of the courses) at any
community college, together 
with the name and number of the course or
courses which each 
such student is taking.

    The provisions of this Section section shall also apply to

board of director districts.

    Notice of intent not to renew
a contract must be given in 
writing stating the
specific reason therefor by April 1 of the 
contract
year unless the contract specifically provides 
otherwise.
Failure to do so will automatically extend the 
contract
for an additional year.  Within 10 days after receipt 
of
notice of intent not to renew a contract, the superintendent

may request a closed session hearing on the dismissal.  At the 
hearing the
superintendent has the privilege of presenting 
evidence, witnesses and
defenses on the grounds for dismissal.

The provisions of this paragraph shall not apply to a district 
under a
Financial Oversight Panel pursuant to Section 1A-8 for 
violating a financial
plan.

(Source: P.A. 97-256, eff. 1-1-12.)

 



    (105 ILCS 5/10-23.8)  (from Ch. 122, par. 10-23.8)



    Sec. 10-23.8. Superintendent contracts. After the 
effective date of this amendatory Act of 1997 and the 
expiration of
contracts in effect on the effective date of this 
amendatory Act, school
districts may only employ a 
superintendent or, if authorized by law, a chief executive 
officer under either a
contract for a period not exceeding one 
year or a
performance-based
contract for a
period not exceeding 
5 years.

    Performance-based contracts shall be linked to student

performance and academic improvement within the schools of the 
districts.  No
performance-based contract shall be extended or 
rolled-over prior to
its scheduled expiration unless all the 
performance and improvement goals
contained
in the contract 
have been met.  Each performance-based contract
shall include 
the goals and indicators of student performance and academic

improvement determined and used by the local school board to 
measure the
performance and effectiveness of the 
superintendent and such other information
as the local school 
board may determine.

    By accepting the terms of a multi-year contract, the

superintendent or chief executive officer waives all rights 
granted him or her under Sections
24-11 through 24-16 of this 
Act only for the term of the multi-year
contract.  Upon 
acceptance of a multi-year contract, the superintendent or 
chief executive officer shall
not lose any previously acquired 
tenure credit with the district.

(Source: P.A. 90-548, eff. 1-1-98; 91-314, eff. 1-1-00.)