Illinois General Assembly - Full Text of HB4933
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Full Text of HB4933  102nd General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
534-8.1 as follows:
6    (105 ILCS 5/34-8.1)  (from Ch. 122, par. 34-8.1)
7    Sec. 34-8.1. Principals. Principals shall be employed to
8supervise the operation of each attendance center. Their
9powers and duties shall include but not be limited to the
10authority (i) to direct, supervise, evaluate, and suspend with
11or without pay or otherwise discipline all teachers, assistant
12principals, and other employees assigned to the attendance
13center in accordance with board rules and policies and (ii) to
14direct all other persons assigned to the attendance center
15pursuant to a contract with a third party to provide services
16to the school system. The right to employ, discharge, and
17layoff shall be vested solely with the board, provided that
18decisions to discharge or suspend non-certified employees,
19including disciplinary layoffs, and the termination of
20certified employees from employment pursuant to a layoff or
21reassignment policy are subject to review under the grievance
22resolution procedure adopted pursuant to subsection (c) of
23Section 10 of the Illinois Educational Labor Relations Act.



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1The grievance resolution procedure adopted by the board shall
2provide for final and binding arbitration, and,
3notwithstanding any other provision of law to the contrary,
4the arbitrator's decision may include all make-whole relief,
5including without limitation reinstatement. The principal
6shall fill positions by appointment as provided in this
7Section and may make recommendations to the board regarding
8the employment, discharge, or layoff of any individual. The
9authority of the principal shall include the authority to
10direct the hours during which the attendance center shall be
11open and available for use provided the use complies with
12board rules and policies, to determine when and what
13operations shall be conducted within those hours, and to
14schedule staff within those hours. Under the direction of, and
15subject to the authority of the principal, the Engineer In
16Charge shall be accountable for the safe, economical operation
17of the plant and grounds and shall also be responsible for
18orientation, training, and supervising the work of Engineers,
19Trainees, school maintenance assistants, custodial workers and
20other plant operation employees under his or her direction.
21    There shall be established by the board a system of
22semi-annual evaluations conducted by the principal as to
23performance of the engineer in charge. Nothing in this Section
24shall prevent the principal from conducting additional
25evaluations. An overall numerical rating shall be given by the
26principal based on the evaluation conducted by the principal.



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1An unsatisfactory numerical rating shall result in
2disciplinary action, which may include, without limitation and
3in the judgment of the principal, loss of promotion or bidding
4procedure, reprimand, suspension with or without pay, or
5recommended dismissal. The board shall establish procedures
6for conducting the evaluation and reporting the results to the
7engineer in charge.
8    Under the direction of, and subject to the authority of,
9the principal, the Food Service Manager is responsible at all
10times for the proper operation and maintenance of the lunch
11room to which he is assigned and shall also be responsible for
12the orientation, training, and supervising the work of cooks,
13bakers, porters, and lunchroom attendants under his or her
15    There shall be established by the Board a system of
16semi-annual evaluations conducted by the principal as to the
17performance of the food service manager. Nothing in this
18Section shall prevent the principal from conducting additional
19evaluations. An overall numerical rating shall be given by the
20principal based on the evaluation conducted by the principal.
21An unsatisfactory numerical rating shall result in
22disciplinary action which may include, without limitation and
23in the judgment of the principal, loss of promotion or bidding
24procedure, reprimand, suspension with or without pay, or
25recommended dismissal. The board shall establish rules for
26conducting the evaluation and reporting the results to the



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1food service manager.
2    Nothing in this Section shall be interpreted to require
3the employment or assignment of an Engineer-In-Charge or a
4Food Service Manager for each attendance center.
5    Principals shall be employed to supervise the educational
6operation of each attendance center. If a principal is absent
7due to extended illness or leave of absence, an assistant
8principal may be assigned as acting principal for a period not
9to exceed 100 school days. Each principal shall assume
10administrative responsibility and instructional leadership, in
11accordance with reasonable rules and regulations of the board,
12for the planning, operation and evaluation of the educational
13program of the attendance center to which he is assigned. The
14principal shall submit recommendations to the general
15superintendent concerning the appointment, dismissal,
16retention, promotion, and assignment of all personnel assigned
17to the attendance center; provided, that from and after
18September 1, 1989: (i) if any vacancy occurs in a position at
19the attendance center or if an additional or new position is
20created at the attendance center, that position shall be
21filled by appointment made by the principal in accordance with
22procedures established and provided by the Board whenever the
23majority of the duties included in that position are to be
24performed at the attendance center which is under the
25principal's supervision, and each such appointment so made by
26the principal shall be made and based upon merit and ability to



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1perform in that position without regard to seniority or length
2of service, provided, that such appointments shall be subject
3to the Board's desegregation obligations, including but not
4limited to the Consent Decree and Desegregation Plan in U.S.
5v. Chicago Board of Education; (ii) the principal shall submit
6recommendations based upon merit and ability to perform in the
7particular position, without regard to seniority or length of
8service, to the general superintendent concerning the
9appointment of any teacher, teacher aide, counselor, clerk,
10hall guard, security guard and any other personnel which is to
11be made by the general superintendent whenever less than a
12majority of the duties of that teacher, teacher aide,
13counselor, clerk, hall guard, and security guard and any other
14personnel are to be performed at the attendance center which
15is under the principal's supervision; and (iii) subject to law
16and the applicable collective bargaining agreements, the
17authority and responsibilities of a principal with respect to
18the evaluation of all teachers and other personnel assigned to
19an attendance center shall commence immediately upon his or
20her appointment as principal of the attendance center, without
21regard to the length of time that he or she has been the
22principal of that attendance center.
23    Notwithstanding the existence of any other law of this
24State, nothing in this Act shall prevent the board from
25entering into a contract with a third party for services
26currently performed by any employee or bargaining unit member.



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1    Notwithstanding any other provision of this Article, each
2principal may approve contracts, binding on the board, in the
3amount of no more than $10,000, if the contract is endorsed by
4the Local School Council.
5    Unless otherwise prohibited by law or by rule of the
6board, the principal shall provide to local school council
7members copies of all internal audits and any other pertinent
8information generated by any audits or reviews of the programs
9and operation of the attendance center.
10    Each principal shall hold a valid administrative license
11certificate issued or exchanged in accordance with Article 21B
1221 and endorsed as required by that Article for the position of
13principal. The board may establish or impose clear, specific,
14explicit, and objective academic, educational, examination,
15and experience requirements and criteria that are in addition
16to those established and required by Article 21B 21 for
17issuance of a valid license certificate endorsed for the
18position of principal as a condition of the nomination,
19selection, appointment, employment, or continued employment of
20a person as principal of any attendance center, or as a
21condition of the renewal of any principal's performance
22contract. If the additional requirements and criteria result
23or may result in the exclusion of otherwise qualified and
24licensed candidates from being eligible for selection to serve
25as principal of an attendance center, then the board shall
26maintain a public database that includes the names of all of



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1the candidates who are eligible to be selected as a principal.
2    The board must establish due process protections for
3candidates for the position of principal of an attendance
4center that are equal to or greater than the due process
5protections provided under subsection (b) of Section 21B-75 or
6Section 21B-95, including establishing standards and
7procedures to ensure that no candidate is deemed ineligible to
8be selected as a principal for reasons that are not directly
9related to the candidate's anticipated performance as a
10principal. The standards and procedures established by the
11board must do all of the following:
12        (1) Set forth all of the specific criteria used by the
13    board to make decisions concerning the eligibility of
14    candidates.
15        (2) Provide each candidate with a complete assessment
16    of the candidate's eligibility, including overall scores,
17    subcategory scores, and a detailed, written,
18    evidence-based rationale for each score.
19        (3) Provide targeted counseling and other supportive
20    services to assist a candidate in correcting any
21    deficiencies identified by the board in the board's
22    rationale.
23        (4) Include provisions to ensure that no person is
24    discriminated against on the basis of conscious or
25    implicit biases associated with race, color, national
26    origin, or a disability that is unrelated to the person's



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1    ability to perform the duties of a principal.
2    The board, in cooperation with the organization that
3represents the district's principals and assistant principals,
4must establish a grievance procedure for those candidates the
5board has deemed ineligible to serve as principal of an
6attendance center. Within 10 days after the board determines
7the ineligibility of a candidate, the board must notify the
8candidate, in writing, of the specific reasons for the board's
9determination of the candidate's ineligibility. Within 30 days
10after receiving this notification, the candidate may request
11that the board review the decision.
12    If performance evaluations are included in the criteria
13utilized by the board in determining that a principal is no
14longer eligible to serve as principal of an attendance center,
15the board's criteria must use the standard of 2 or more school
16terms of service for which the principal has received an
17unsatisfactory rating on a performance evaluation within a
18period of 7 school terms of service. The board may not
19determine that a principal is no longer eligible to serve as a
20principal based on unsatisfactory performance evaluations if,
21during the same school term of service, the local school
22council's evaluation of the principal's performance was
23satisfactory or higher. An evaluation-based determination of
24ineligibility may not exceed 2 calendar years.
25    The board shall specify in its formal job description for
26principals, and from and after July 1, 1990 shall specify in



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1the 4 year performance contracts for use with respect to all
2principals, that his or her primary responsibility is in the
3improvement of instruction. A majority of the time spent by a
4principal shall be spent on curriculum and staff development
5through both formal and informal activities, establishing
6clear lines of communication regarding school goals,
7accomplishments, practices and policies with parents and
8teachers. The principal, with the assistance of the local
9school council, shall develop a school improvement plan as
10provided in Section 34-2.4 and, upon approval of the plan by
11the local school council, shall be responsible for directing
12implementation of the plan. The principal, with the assistance
13of the professional personnel leadership committee, shall
14develop the specific methods and contents of the school's
15curriculum within the board's system-wide curriculum standards
16and objectives and the requirements of the school improvement
17plan. The board shall ensure that all principals are evaluated
18on their instructional leadership ability and their ability to
19maintain a positive education and learning climate. It shall
20also be the responsibility of the principal to utilize
21resources of proper law enforcement agencies when the safety
22and welfare of students and teachers are threatened by illegal
23use of drugs and alcohol, by illegal use or possession of
24weapons, or by illegal gang activity.
25    Nothing in this Section shall prohibit the board and the
26exclusive representative of the district's teachers from



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1entering into an agreement under Section 34-85c of this Code
2to establish alternative procedures for teacher evaluation,
3remediation, and removal for cause after remediation,
4including an alternative system for peer evaluation and
5recommendations, for teachers assigned to schools identified
6in that agreement.
7    On or before October 1, 1989, the Board of Education, in
8consultation with any professional organization representing
9principals in the district, shall promulgate rules and
10implement a lottery for the purpose of determining whether a
11principal's existing performance contract (including the
12performance contract applicable to any principal's position in
13which a vacancy then exists) expires on June 30, 1990 or on
14June 30, 1991, and whether the ensuing 4 year performance
15contract begins on July 1, 1990 or July 1, 1991. The Board of
16Education shall establish and conduct the lottery in such
17manner that of all the performance contracts of principals
18(including the performance contracts applicable to all
19principal positions in which a vacancy then exists), 50% of
20such contracts shall expire on June 30, 1990, and 50% shall
21expire on June 30, 1991. All persons serving as principal on
22May 1, 1989, and all persons appointed as principal after May
231, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
24other than as provided by Section 34-2.3, shall be deemed by
25operation of law to be serving under a performance contract
26which expires on June 30, 1990 or June 30, 1991; and unless



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1such performance contract of any such principal is renewed (or
2such person is again appointed to serve as principal) in the
3manner provided by Section 34-2.2 or 34-2.3, the employment of
4such person as principal shall terminate on June 30, 1990 or
5June 30, 1991.
6    Commencing on July 1, 1990, or on July 1, 1991, and
7thereafter, the principal of each attendance center shall be
8the person selected in the manner provided by Section 34-2.3
9to serve as principal of that attendance center under a 4 year
10performance contract. All performance contracts of principals
11expiring after July 1, 1990, or July 1, 1991, shall commence on
12the date specified in the contract, and the renewal of their
13performance contracts and the appointment of principals when
14their performance contracts are not renewed shall be governed
15by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the
16office of a principal occurs for any reason, the vacancy shall
17be filled by the selection of a new principal to serve under a
184 year performance contract in the manner provided by Section
20    The board of education shall develop and prepare, in
21consultation with the organization representing principals, a
22performance contract for use at all attendance centers, and
23shall furnish the same to each local school council. The term
24of the performance contract shall be 4 years, unless the
25principal is retained by the decision of a hearing officer
26pursuant to subdivision 1.5 of Section 34-2.3, in which case



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1the contract shall be extended for 2 years. The performance
2contract of each principal shall consist of the uniform
3performance contract, as developed or from time to time
4modified by the board, and such additional criteria as are
5established by a local school council pursuant to Section
634-2.3 for the performance contract of its principal.
7    During the term of his or her performance contract, a
8principal may be removed only as provided for in the
9performance contract except for cause. He or she shall also be
10obliged to follow the rules of the board of education
11concerning conduct and efficiency.
12    In the event the performance contract of a principal is
13not renewed or a principal is not reappointed as principal
14under a new performance contract, or in the event a principal
15is appointed to any position of superintendent or higher
16position, or voluntarily resigns his position of principal,
17his or her employment as a principal shall terminate and such
18former principal shall not be reinstated to the position from
19which he or she was promoted to principal, except that he or
20she, if otherwise qualified and certified in accordance with
21Article 21, shall be placed by the board on appropriate
22eligibility lists which it prepares for use in the filling of
23vacant or additional or newly created positions for teachers.
24The principal's total years of service to the board as both a
25teacher and a principal, or in other professional capacities,
26shall be used in calculating years of experience for purposes



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1of being selected as a teacher into new, additional or vacant
3    In the event the performance contract of a principal is
4not renewed or a principal is not reappointed as principal
5under a new performance contract, such principal shall be
6eligible to continue to receive his or her previously provided
7level of health insurance benefits for a period of 90 days
8following the non-renewal of the contract at no expense to the
9principal, provided that such principal has not retired.
10(Source: P.A. 99-642, eff. 7-28-16.)
11    Section 99. Effective date. This Act takes effect January
121, 2023.