Full Text of HB4933 102nd General Assembly
HB4933eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 34-8.1 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 | 8 | | supervise the
operation of each attendance center. Their | 9 | | powers and duties shall include
but not be limited to the | 10 | | authority (i) to
direct, supervise, evaluate, and suspend with | 11 | | or without pay or otherwise
discipline all teachers, assistant | 12 | | principals, and other employees assigned to
the attendance | 13 | | center in accordance with board rules and policies and (ii) to
| 14 | | direct
all other persons assigned to the
attendance center | 15 | | pursuant to a contract with a third party to provide services
| 16 | | to the school system. The right to employ, discharge, and | 17 | | layoff shall be
vested solely with the board, provided that | 18 | | decisions to
discharge or suspend
non-certified employees, | 19 | | including disciplinary layoffs, and the
termination of | 20 | | certified employees from employment pursuant to a layoff
or | 21 | | reassignment policy are subject to review under the grievance | 22 | | resolution
procedure adopted pursuant to subsection (c) of | 23 | | Section 10 of the Illinois
Educational Labor Relations Act. |
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| 1 | | The grievance resolution procedure
adopted by the board shall | 2 | | provide for final and binding arbitration, and,
| 3 | | notwithstanding any other provision of law to the contrary, | 4 | | the
arbitrator's decision may include all make-whole relief, | 5 | | including without
limitation reinstatement. The principal | 6 | | shall fill positions by
appointment as provided in this | 7 | | Section and may make recommendations to the
board regarding | 8 | | the employment, discharge, or layoff of any individual. The
| 9 | | authority of the principal shall include the
authority to | 10 | | direct the hours during which the attendance center
shall be | 11 | | open and available for use provided the use complies with | 12 | | board rules
and policies, to determine when and what | 13 | | operations shall be conducted within
those hours, and to | 14 | | schedule staff within those hours. Under the direction of, and | 15 | | subject to the authority
of the principal, the Engineer In | 16 | | Charge shall
be accountable for the safe, economical operation | 17 | | of the plant and grounds
and shall also be responsible for | 18 | | orientation, training,
and supervising the work of Engineers,
| 19 | | Trainees, school maintenance assistants, custodial workers and | 20 | | other plant
operation employees under his or her direction.
| 21 | | There shall be established by the board a system of | 22 | | semi-annual
evaluations conducted by the principal as to | 23 | | performance of the engineer in charge. Nothing
in this Section | 24 | | shall prevent the principal from conducting additional
| 25 | | evaluations. An overall
numerical rating shall be given by the | 26 | | principal based on the evaluation
conducted by the principal. |
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| 1 | | An unsatisfactory numerical rating shall result in
| 2 | | disciplinary
action, which may include, without limitation and | 3 | | in the judgment of the
principal, loss of
promotion
or bidding | 4 | | procedure, reprimand, suspension with or without pay, or
| 5 | | recommended dismissal. The board shall establish
procedures | 6 | | for conducting the
evaluation
and reporting the results to the | 7 | | engineer in charge.
| 8 | | Under the direction of, and subject to the authority of, | 9 | | the principal, the
Food Service Manager is responsible at
all | 10 | | times for the proper operation and maintenance of the lunch | 11 | | room to which
he is assigned and shall also be responsible for | 12 | | the orientation, training, and
supervising the work of cooks, | 13 | | bakers, porters,
and lunchroom attendants under his or
her | 14 | | direction.
| 15 | | There shall be established by the Board a system of | 16 | | semi-annual
evaluations conducted by the principal as to the | 17 | | performance of the food
service manager.
Nothing in this | 18 | | Section shall prevent the principal from conducting
additional | 19 | | evaluations. An overall numerical rating shall be given by the
| 20 | | principal based on the
evaluation conducted by the principal. | 21 | | An unsatisfactory numerical rating
shall
result in | 22 | | disciplinary action which may include, without limitation and | 23 | | in
the judgment of the principal, loss of promotion or bidding | 24 | | procedure,
reprimand, suspension with or without pay, or | 25 | | recommended dismissal. The board
shall establish rules for | 26 | | conducting the evaluation and
reporting the results to the |
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| 1 | | food service manager.
| 2 | | Nothing in this Section shall be interpreted to require | 3 | | the employment or
assignment of an Engineer-In-Charge or a | 4 | | Food Service Manager for each
attendance center.
| 5 | | Principals shall be employed to supervise the educational | 6 | | operation of
each attendance center. If a principal is absent | 7 | | due to extended
illness or leave of absence, an assistant | 8 | | principal may be assigned as
acting principal for a period not | 9 | | to exceed 100 school days. Each principal
shall assume | 10 | | administrative responsibility and instructional leadership, in
| 11 | | accordance with reasonable rules and regulations of the board, | 12 | | for the
planning, operation and evaluation of the educational | 13 | | program of the
attendance center to which he is assigned. The | 14 | | principal shall submit
recommendations to the general | 15 | | superintendent concerning the appointment,
dismissal, | 16 | | retention, promotion, and assignment of all personnel assigned | 17 | | to
the attendance center; provided, that from and after | 18 | | September 1, 1989: (i) if
any vacancy occurs in a position at | 19 | | the
attendance center or if an additional or new position is | 20 | | created at the attendance center, that position shall be | 21 | | filled
by appointment made by the principal in accordance with | 22 | | procedures
established and provided by the Board
whenever the | 23 | | majority of the duties included in that position are to be
| 24 | | performed at the attendance center which is under the | 25 | | principal's supervision,
and each such appointment so made by | 26 | | the principal
shall be made and based upon merit and ability to |
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| 1 | | perform in that position
without regard to seniority or length | 2 | | of service, provided, that such
appointments shall be subject | 3 | | to the Board's desegregation obligations,
including but not | 4 | | limited to the Consent Decree and Desegregation Plan in
U.S. | 5 | | v. Chicago Board of Education; (ii)
the principal shall submit | 6 | | recommendations based upon merit and ability to
perform in the | 7 | | particular position, without regard to
seniority or length of | 8 | | service, to the general
superintendent
concerning the | 9 | | appointment of any teacher, teacher aide, counselor, clerk,
| 10 | | hall guard, security guard and any other personnel which is
to | 11 | | be made by the general superintendent whenever less than
a | 12 | | majority
of the duties of that teacher, teacher aide, | 13 | | counselor, clerk, hall guard,
and security guard and any other | 14 | | personnel are to be performed
at the attendance center which | 15 | | is under the principal's supervision; and
(iii) subject to law | 16 | | and the applicable collective bargaining agreements,
the | 17 | | authority and responsibilities of a principal with respect to | 18 | | the
evaluation of all teachers and other personnel assigned to | 19 | | an attendance
center shall commence immediately upon his or | 20 | | her appointment as principal
of the attendance center, without | 21 | | regard to the length of time that he or
she has been the | 22 | | principal of that attendance center.
| 23 | | Notwithstanding the existence of any other law of this | 24 | | State, nothing in
this Act shall prevent the board from | 25 | | entering into a contract with a third
party for services | 26 | | currently performed by any employee or bargaining unit
member.
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| 1 | | Notwithstanding any other provision of this Article, each | 2 | | principal may
approve contracts, binding on the board, in the | 3 | | amount of no more than $10,000,
if the contract is endorsed by | 4 | | the Local School Council.
| 5 | | Unless otherwise prohibited by law or by rule of the | 6 | | board, the principal
shall provide to local
school council | 7 | | members copies of all
internal audits and any other pertinent | 8 | | information generated by any audits or
reviews of the programs | 9 | | and operation of the attendance center.
| 10 | | Each principal shall hold a valid administrative
license | 11 | | certificate issued or exchanged in accordance with Article 21B | 12 | | 21 and endorsed
as required by that Article for the position of | 13 | | principal. The board may
establish or impose clear, specific, | 14 | | explicit, and objective academic,
educational, examination, | 15 | | and experience requirements and
criteria that are in addition
| 16 | | to those established and required by Article 21B 21 for | 17 | | issuance of a valid
license certificate endorsed for the | 18 | | position of principal as a condition of the nomination, | 19 | | selection,
appointment,
employment, or continued employment of | 20 | | a person as principal of any
attendance center , or as a | 21 | | condition of the renewal of any principal's
performance | 22 | | contract. If the additional requirements and criteria result | 23 | | or may result in the exclusion of otherwise qualified and | 24 | | licensed candidates from being eligible for selection to serve | 25 | | as principal of an attendance center, then the board shall | 26 | | maintain a public database that includes the names of all of |
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| 1 | | the candidates who are eligible to be selected as a principal. | 2 | | The board must establish due process protections for | 3 | | candidates for the position of principal of an attendance | 4 | | center that are equal to or greater than the due process | 5 | | protections provided under subsection (b) of Section 21B-75 or | 6 | | Section 21B-95, including establishing standards and | 7 | | procedures to ensure that no candidate is deemed ineligible to | 8 | | be selected as a principal for reasons that are not directly | 9 | | related to the candidate's anticipated performance as a | 10 | | principal. The standards and procedures established by the | 11 | | board 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 | 3 | | represents the district's principals and assistant principals, | 4 | | must establish a grievance procedure for those candidates the | 5 | | board has deemed ineligible to serve as principal of an | 6 | | attendance center. Within 10 days after the board determines | 7 | | the ineligibility of a candidate, the board must notify the | 8 | | candidate, in writing, of the specific reasons for the board's | 9 | | determination of the candidate's ineligibility. Within 30 days | 10 | | after receiving this notification, the candidate may request | 11 | | that the board review the decision. | 12 | | If performance evaluations are included in the criteria | 13 | | utilized by the board in determining that a principal is no | 14 | | longer eligible to serve as principal of an attendance center, | 15 | | the board's criteria must use the standard of 2 or more school | 16 | | terms of service for which the principal has received an | 17 | | unsatisfactory rating on a performance evaluation within a | 18 | | period of 7 school terms of service. The board may not | 19 | | determine that a principal is no longer eligible to serve as a | 20 | | principal based on unsatisfactory performance evaluations if, | 21 | | during the same school term of service, the local school | 22 | | council's evaluation of the principal's performance was | 23 | | satisfactory or higher. An evaluation-based determination of | 24 | | ineligibility may not exceed 2 calendar years.
| 25 | | The board shall specify in its formal job description for | 26 | | principals,
and from and after July 1, 1990 shall specify in |
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| 1 | | the 4 year
performance contracts for use with respect to all | 2 | | principals,
that his or her primary responsibility is in the | 3 | | improvement of
instruction. A majority of the time spent by a | 4 | | principal shall be spent on
curriculum and staff development | 5 | | through both formal and informal
activities, establishing | 6 | | clear lines of communication regarding school
goals, | 7 | | accomplishments, practices and policies with parents and | 8 | | teachers.
The principal, with the assistance of the local | 9 | | school council, shall
develop a school improvement plan as | 10 | | provided in Section 34-2.4 and, upon
approval of the plan by | 11 | | the local school council, shall
be responsible for directing | 12 | | implementation of the plan. The principal,
with the assistance | 13 | | of the professional personnel leadership committee, shall
| 14 | | develop the specific methods and contents of the school's | 15 | | curriculum within
the board's system-wide curriculum standards | 16 | | and objectives and the
requirements of the school improvement | 17 | | plan. The board shall ensure that all
principals are evaluated | 18 | | on their instructional leadership ability and their
ability to | 19 | | maintain a positive education and learning climate. It shall | 20 | | also
be the responsibility of the principal to utilize | 21 | | resources of proper law
enforcement agencies when the safety | 22 | | and welfare of students and teachers are
threatened by illegal | 23 | | use of drugs and alcohol, by illegal use or possession
of | 24 | | weapons, or by illegal gang activity.
| 25 | | Nothing in this Section shall prohibit the board and the | 26 | | exclusive representative of the district's teachers from |
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| 1 | | entering into an agreement under Section 34-85c of this Code | 2 | | to establish alternative procedures for teacher evaluation, | 3 | | remediation, and removal for cause after remediation, | 4 | | including an alternative system for peer evaluation and | 5 | | recommendations, for teachers assigned to schools identified | 6 | | in that agreement.
| 7 | | On or before October 1, 1989, the Board of Education, in | 8 | | consultation
with any professional organization representing | 9 | | principals in the district,
shall promulgate rules and | 10 | | implement a lottery for the purpose of
determining whether a | 11 | | principal's existing performance contract (including
the | 12 | | performance contract applicable to any principal's position in | 13 | | which a
vacancy then exists) expires on June 30, 1990 or on | 14 | | June 30, 1991, and
whether the ensuing 4 year performance | 15 | | contract begins on July 1, 1990 or
July 1, 1991. The Board of | 16 | | Education shall establish and conduct the
lottery in such | 17 | | manner that of all the performance contracts of principals
| 18 | | (including the performance contracts applicable to all | 19 | | principal positions
in which a vacancy then exists), 50% of | 20 | | such contracts shall expire on June
30, 1990, and 50% shall | 21 | | expire on June 30, 1991. All persons serving as
principal on | 22 | | May 1, 1989, and all persons appointed as principal after May
| 23 | | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | 24 | | other than
as provided by Section 34-2.3, shall be deemed by | 25 | | operation of
law to be serving under a performance contract | 26 | | which expires on June 30,
1990 or June 30, 1991; and unless |
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| 1 | | such performance contract of any such
principal is renewed (or | 2 | | such person is again appointed to serve as
principal) in the | 3 | | manner provided by Section 34-2.2 or 34-2.3, the
employment of | 4 | | such person as principal shall terminate on June 30, 1990
or | 5 | | June 30, 1991.
| 6 | | Commencing on July 1, 1990, or on July 1, 1991, and | 7 | | thereafter, the
principal of each attendance center shall be | 8 | | the person selected in the
manner provided by Section 34-2.3 | 9 | | to serve as principal of that attendance
center under a 4 year | 10 | | performance contract. All performance contracts of
principals | 11 | | expiring after July 1, 1990, or July 1, 1991, shall commence on
| 12 | | the date specified in the contract, and the renewal of their | 13 | | performance
contracts and the appointment of principals when | 14 | | their performance contracts
are not renewed shall be governed | 15 | | by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the | 16 | | office of a principal occurs for any reason, the vacancy shall
| 17 | | be filled by the selection of a new principal to serve under a | 18 | | 4 year
performance contract in the manner provided by Section | 19 | | 34-2.3.
| 20 | | The board of education shall develop and prepare, in | 21 | | consultation with
the organization representing principals, a | 22 | | performance contract for
use
at all attendance centers, and | 23 | | shall furnish the same to each local school
council. The term | 24 | | of the performance contract shall be 4 years, unless the
| 25 | | principal is retained by the decision of a hearing officer | 26 | | pursuant to
subdivision 1.5 of Section 34-2.3, in which case |
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| 1 | | the contract shall be
extended for 2 years. The performance
| 2 | | contract of each principal shall consist of the
uniform | 3 | | performance contract, as developed or from time to time | 4 | | modified by the
board, and such additional criteria as are | 5 | | established by a local school
council pursuant to Section | 6 | | 34-2.3 for the performance contract of its
principal.
| 7 | | During the term of his or her performance contract, a | 8 | | principal may be
removed only as provided for in the | 9 | | performance contract except for cause.
He or she shall also be | 10 | | obliged to follow the rules of the board of
education | 11 | | concerning conduct and efficiency.
| 12 | | In the event the performance contract of a principal is | 13 | | not renewed or a
principal is not reappointed as principal | 14 | | under a new performance contract,
or in the event a principal | 15 | | is appointed to any position of
superintendent or higher | 16 | | position, or voluntarily
resigns his position of principal, | 17 | | his or her employment as a principal
shall terminate and such | 18 | | former principal shall not be
reinstated to the position from | 19 | | which he or she was promoted to principal,
except that he or | 20 | | she, if otherwise qualified and certified in accordance
with | 21 | | Article 21, shall be placed by the board on appropriate | 22 | | eligibility
lists which it prepares for use in the filling of | 23 | | vacant or additional or
newly created positions for teachers. | 24 | | The principal's total years of
service to the board as both a | 25 | | teacher and a principal, or in other
professional capacities, | 26 | | shall be used in calculating years of experience
for purposes |
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| 1 | | of being selected as a teacher into new, additional or vacant
| 2 | | positions.
| 3 | | In the event the performance contract of a principal is | 4 | | not renewed or
a principal is not reappointed as principal | 5 | | under a new performance
contract, such principal shall be | 6 | | eligible to continue to receive his or
her previously provided | 7 | | level of health insurance benefits for a period of
90 days | 8 | | following the non-renewal of the contract at no expense to the
| 9 | | principal, 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 | 12 | | 1, 2023.
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