HB5408 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5408

 

Introduced , by Rep. Thomas Morrison - Grant Wehrli - Amy Grant

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.4  from Ch. 122, par. 10-21.4
105 ILCS 5/10-23.8  from Ch. 122, par. 10-23.8

    Amends the School Code. Provides that prior to entering into an early employment contract termination agreement with a district superintendent or chief executive officer, a school board shall make the reasoning for the early termination available to the public. Provides that the termination agreement shall not include a confidentiality or non-disclosure clause. Effective immediately.


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A BILL FOR

 

HB5408LRB101 15235 NHT 64404 b

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 Sections
510-21.4 and 10-23.8 as follows:
 
6    (105 ILCS 5/10-21.4)  (from Ch. 122, par. 10-21.4)
7    Sec. 10-21.4. Superintendent; duties; contract
8Superintendent - Duties.
9    (a) Except in districts in which there is only one school
10with fewer than 4 teachers, to employ a superintendent, who
11shall have charge of the administration of the schools under
12the direction of the board of education. However, in any school
13district that has boundaries that lie in 3 counties, one county
14of which has a population exceeding 1,000,000 inhabitants, that
15has an enrollment of more than 35,000 students, and that has on
16staff properly licensed assistant superintendents or directors
17in the areas of instruction, finance, special education,
18assessments, and career and technology education, the school
19board may instead, by a vote of a majority of its full
20membership, appoint a chief executive officer to serve as its
21superintendent, who shall be a person of recognized
22administrative ability and management experience, hold a
23master's degree, have been employed with the school district

 

 

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1for a minimum of 5 years in an administrative capacity, be
2responsible for the management of the district, and have all
3other powers and duties of a superintendent as set forth in
4this Code, but who shall be exempt from the provisions and
5requirements of Section 21B-15 of this Code for a period of 5
6years.
7    (b) In addition to the administrative duties, the
8superintendent shall make recommendations to the board
9concerning the budget, building plans, the locations of sites,
10the selection, retention and dismissal of teachers and all
11other employees, the selection of textbooks, instructional
12material and courses of study. However, in districts under a
13Financial Oversight Panel pursuant to Section 1A-8 for
14violating a financial plan, the duties and responsibilities of
15the superintendent in relation to the financial and business
16operations of the district shall be approved by the Panel. In
17the event the Board refuses or fails to follow a directive or
18comply with an information request of the Panel, the
19performance of those duties shall be subject to the direction
20of the Panel. The superintendent shall also notify the State
21Board of Education, the board and the chief administrative
22official, other than the alleged perpetrator himself, in the
23school where the alleged perpetrator serves, that any person
24who is employed in a school or otherwise comes into frequent
25contact with children in the school has been named as a
26perpetrator in an indicated report filed pursuant to the Abused

 

 

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1and Neglected Child Reporting Act, approved June 26, 1975, as
2amended. The superintendent shall keep or cause to be kept the
3records and accounts as directed and required by the board, aid
4in making reports required by the board, and perform such other
5duties as the board may delegate to him.
6    In addition, each year at a time designated by the State
7Superintendent of Education, each superintendent shall report
8to the State Board of Education the number of high school
9students in the district who are enrolled in accredited courses
10(for which high school credit will be awarded upon successful
11completion of the courses) at any community college, together
12with the name and number of the course or courses which each
13such student is taking.
14    (c) The provisions of this Section shall also apply to
15board of director districts.
16    (d) Notice of intent not to renew a contract must be given
17in writing stating the specific reason therefor by April 1 of
18the contract year unless the contract specifically provides
19otherwise. Failure to do so will automatically extend the
20contract for an additional year. Within 10 days after receipt
21of notice of intent not to renew a contract, the superintendent
22may request a closed session hearing on the dismissal. At the
23hearing the superintendent has the privilege of presenting
24evidence, witnesses and defenses on the grounds for dismissal.
25The provisions of this paragraph shall not apply to a district
26under a Financial Oversight Panel pursuant to Section 1A-8 for

 

 

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1violating a financial plan.
2    (e) Prior to entering into an early employment contract
3termination agreement with a superintendent or chief executive
4officer, a school board shall make the reasoning for the early
5termination available to the public. The termination agreement
6shall not include a confidentiality or non-disclosure clause.
7(Source: P.A. 99-846, eff. 6-1-17.)
 
8    (105 ILCS 5/10-23.8)  (from Ch. 122, par. 10-23.8)
9    Sec. 10-23.8. Superintendent contracts. After the
10effective date of this amendatory Act of 1997 and the
11expiration of contracts in effect on the effective date of this
12amendatory Act, school districts may only employ a
13superintendent or, if authorized by law, a chief executive
14officer under either a contract for a period not exceeding one
15year or a performance-based contract for a period not exceeding
165 years.
17    Performance-based contracts shall be linked to student
18performance and academic improvement within the schools of the
19districts. No performance-based contract shall be extended or
20rolled-over prior to its scheduled expiration unless all the
21performance and improvement goals contained in the contract
22have been met. Each performance-based contract shall include
23the goals and indicators of student performance and academic
24improvement determined and used by the local school board to
25measure the performance and effectiveness of the

 

 

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1superintendent and such other information as the local school
2board may determine.
3    By accepting the terms of a multi-year contract, the
4superintendent or chief executive officer waives all rights
5granted him or her under Sections 24-11 through 24-16 of this
6Act only for the term of the multi-year contract. Upon
7acceptance of a multi-year contract, the superintendent or
8chief executive officer shall not lose any previously acquired
9tenure credit with the district.
10    A school board may, subject to the requirements under
11subsection (e) of Section 10-21.4 of this Code, enter into an
12early employment contract termination agreement with a
13superintendent or chief executive officer who has a contract
14with a school district under this Section.
15(Source: P.A. 99-846, eff. 6-1-17.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.