Full Text of HB2614 100th General Assembly
HB2614 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2614 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-21.4a | from Ch. 122, par. 10-21.4a | 105 ILCS 5/34-8.1 | from Ch. 122, par. 34-8.1 |
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Amends the School Code. Requires a principal to report to the superintendent all non-public
sources of revenue for a school, including, but not
limited to, revenue received through fundraisers, grants, and
donations, so long as the sources of revenue equal or exceed $1,000 and the funds are transferred into the school district's educational fund or operations and maintenance fund.
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| | A BILL FOR |
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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 Sections | 5 | | 10-21.4a and 34-8.1 as follows:
| 6 | | (105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
| 7 | | Sec. 10-21.4a. Principals and assistant principals - | 8 | | Duties. To employ principals and assistant principals who hold
| 9 | | valid supervisory or administrative certificates. The | 10 | | principal, with the assistance of any assistant principals, | 11 | | shall supervise the
operation of attendance centers as the | 12 | | board shall determine necessary.
In an attendance center having | 13 | | fewer than 4 teachers, a head teacher who
does not qualify as a | 14 | | principal may be assigned in the place of a principal.
| 15 | | The principal, with the assistance of any assistant | 16 | | principals, shall assume administrative responsibilities and
| 17 | | instructional leadership, under the supervision of the | 18 | | superintendent,
and in accordance with reasonable rules and | 19 | | regulations of the board,
for the planning, operation and | 20 | | evaluation of the educational program of
the attendance area to | 21 | | which he or she is assigned.
However, in districts under a | 22 | | Financial Oversight Panel pursuant to
Section 1A-8 for | 23 | | violating a financial plan, the duties and responsibilities of
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| 1 | | principals and assistant principals in relation to the | 2 | | financial and business operations of the
district shall be | 3 | | approved by the Panel. In the event the Board refuses or
fails | 4 | | to follow a directive or comply with an information request of | 5 | | the Panel,
the performance of those duties shall be subject to | 6 | | the direction of the
Panel.
| 7 | | School boards shall specify in their formal job description | 8 | | for
principals that his or her primary responsibility is in the | 9 | | improvement of
instruction. A majority of the time spent by a | 10 | | principal shall be spent on
curriculum and staff development | 11 | | through both formal and informal
activities, establishing | 12 | | clear lines of communication regarding school
goals, | 13 | | accomplishments, practices and policies with parents and | 14 | | teachers.
| 15 | | Unless residency within a school district is made an | 16 | | express condition of a
person's employment or continued | 17 | | employment as a principal or assistant principal of that school
| 18 | | district at the time of the person's initial employment as a | 19 | | principal or assistant principal of that
district, residency | 20 | | within that school district may not at any time thereafter
be | 21 | | made a condition of that person's employment or continued | 22 | | employment as a
principal or assistant principal of the | 23 | | district, without regard to whether the person's initial
| 24 | | employment as a principal or assistant principal of the | 25 | | district began before or begins on or after
the effective date | 26 | | of this amendatory Act of 1996 and without regard to whether
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| 1 | | that person's residency within or outside of the district began | 2 | | or was changed
before or begins or changes on or after that | 3 | | effective date. In no event shall
residency within a school | 4 | | district be considered in determining the
compensation of a | 5 | | principal or assistant principal or the assignment or transfer | 6 | | of a principal or assistant principal to an
attendance center | 7 | | of the district.
| 8 | | School boards shall ensure that their principals and | 9 | | assistant principals are evaluated on their
instructional | 10 | | leadership ability and their ability to maintain a positive
| 11 | | education and learning climate.
| 12 | | It shall also be the responsibility of the principal to | 13 | | utilize resources
of proper law enforcement agencies when the | 14 | | safety and welfare of students
and teachers are threatened by | 15 | | illegal use of drugs and alcohol, by illegal use or possession | 16 | | of weapons, or by illegal gang activity.
| 17 | | The principal shall submit recommendations to the | 18 | | superintendent
concerning the appointment, retention, | 19 | | promotion and assignment of all
personnel assigned to the | 20 | | attendance center.
| 21 | | The principal shall report to the superintendent all | 22 | | non-public
sources of revenue for the school, including, but | 23 | | not
limited to, revenue received through fundraisers, grants, | 24 | | and
donations, so long as the sources of revenue equal or | 25 | | exceed $1,000 and the funds are transferred into the school | 26 | | district's educational fund or operations and maintenance |
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| 1 | | fund. | 2 | | (Source: P.A. 97-217, eff. 7-28-11; 98-59, eff. 1-1-14.)
| 3 | | (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
| 4 | | Sec. 34-8.1. Principals. Principals shall be employed to | 5 | | supervise the
operation of each attendance center. Their powers | 6 | | and duties shall include
but not be limited to the authority | 7 | | (i) to
direct, supervise, evaluate, and suspend with or without | 8 | | pay or otherwise
discipline all teachers, assistant | 9 | | principals, and other employees assigned to
the attendance | 10 | | center in accordance with board rules and policies and (ii) to
| 11 | | direct
all other persons assigned to the
attendance center | 12 | | pursuant to a contract with a third party to provide services
| 13 | | to the school system. The right to employ, discharge, and | 14 | | layoff shall be
vested solely with the board, provided that | 15 | | decisions to
discharge or suspend
non-certified employees, | 16 | | including disciplinary layoffs, and the
termination of | 17 | | certified employees from employment pursuant to a layoff
or | 18 | | reassignment policy are subject to review under the grievance | 19 | | resolution
procedure adopted pursuant to subsection (c) of | 20 | | Section 10 of the Illinois
Educational Labor Relations Act. The | 21 | | grievance resolution procedure
adopted by the board shall | 22 | | provide for final and binding arbitration, and,
| 23 | | notwithstanding any other provision of law to the contrary, the
| 24 | | arbitrator's decision may include all make-whole relief, | 25 | | including without
limitation reinstatement. The principal |
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| 1 | | shall fill positions by
appointment as provided in this Section | 2 | | and may make recommendations to the
board regarding the | 3 | | employment, discharge, or layoff of any individual. The
| 4 | | authority of the principal shall include the
authority to | 5 | | direct the hours during which the attendance center
shall be | 6 | | open and available for use provided the use complies with board | 7 | | rules
and policies, to determine when and what operations shall | 8 | | be conducted within
those hours, and to schedule staff within | 9 | | those hours. Under the direction of, and subject to the | 10 | | authority
of the principal, the Engineer In Charge shall
be | 11 | | accountable for the safe, economical operation of the plant and | 12 | | grounds
and shall also be responsible for orientation, | 13 | | training,
and supervising the work of Engineers,
Trainees, | 14 | | school maintenance assistants, custodial workers and other | 15 | | plant
operation employees under his or her direction.
| 16 | | There shall be established by the board a system of | 17 | | semi-annual
evaluations conducted by the principal as to | 18 | | performance of the engineer in charge. Nothing
in this Section | 19 | | shall prevent the principal from conducting additional
| 20 | | evaluations. An overall
numerical rating shall be given by the | 21 | | principal based on the evaluation
conducted by the principal. | 22 | | An unsatisfactory numerical rating shall result in
| 23 | | disciplinary
action, which may include, without limitation and | 24 | | in the judgment of the
principal, loss of
promotion
or bidding | 25 | | procedure, reprimand, suspension with or without pay, or
| 26 | | recommended dismissal. The board shall establish
procedures |
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| 1 | | for conducting the
evaluation
and reporting the results to the | 2 | | engineer in charge.
| 3 | | Under the direction of, and subject to the authority of, | 4 | | the principal, the
Food Service Manager is responsible at
all | 5 | | times for the proper operation and maintenance of the lunch | 6 | | room to which
he is assigned and shall also be responsible for | 7 | | the orientation, training, and
supervising the work of cooks, | 8 | | bakers, porters,
and lunchroom attendants under his or
her | 9 | | direction.
| 10 | | There shall be established by the Board a system of | 11 | | semi-annual
evaluations conducted by the principal as to the | 12 | | performance of the food
service manager.
Nothing in this | 13 | | Section shall prevent the principal from conducting
additional | 14 | | evaluations. An overall numerical rating shall be given by the
| 15 | | principal based on the
evaluation conducted by the principal. | 16 | | An unsatisfactory numerical rating
shall
result in | 17 | | disciplinary action which may include, without limitation and | 18 | | in
the judgment of the principal, loss of promotion or bidding | 19 | | procedure,
reprimand, suspension with or without pay, or | 20 | | recommended dismissal. The board
shall establish rules for | 21 | | conducting the evaluation and
reporting the results to the food | 22 | | service manager.
| 23 | | Nothing in this Section shall be interpreted to require the | 24 | | employment or
assignment of an Engineer-In-Charge or a Food | 25 | | Service Manager for each
attendance center.
| 26 | | Principals shall be employed to supervise the educational |
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| 1 | | operation of
each attendance center. If a principal is absent | 2 | | due to extended
illness or leave of absence, an assistant | 3 | | principal may be assigned as
acting principal for a period not | 4 | | to exceed 100 school days. Each principal
shall assume | 5 | | administrative responsibility and instructional leadership, in
| 6 | | accordance with reasonable rules and regulations of the board, | 7 | | for the
planning, operation and evaluation of the educational | 8 | | program of the
attendance center to which he is assigned. The | 9 | | principal shall submit
recommendations to the general | 10 | | superintendent concerning the appointment,
dismissal, | 11 | | retention, promotion, and assignment of all personnel assigned | 12 | | to
the attendance center; provided, that from and after | 13 | | September 1, 1989: (i) if
any vacancy occurs in a position at | 14 | | the
attendance center or if an additional or new position is | 15 | | created at the attendance center, that position shall be filled
| 16 | | by appointment made by the principal in accordance with | 17 | | procedures
established and provided by the Board
whenever the | 18 | | majority of the duties included in that position are to be
| 19 | | performed at the attendance center which is under the | 20 | | principal's supervision,
and each such appointment so made by | 21 | | the principal
shall be made and based upon merit and ability to | 22 | | perform in that position
without regard to seniority or length | 23 | | of service, provided, that such
appointments shall be subject | 24 | | to the Board's desegregation obligations,
including but not | 25 | | limited to the Consent Decree and Desegregation Plan in
U.S. v. | 26 | | Chicago Board of Education; (ii)
the principal shall submit |
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| 1 | | recommendations based upon merit and ability to
perform in the | 2 | | particular position, without regard to
seniority or length of | 3 | | service, to the general
superintendent
concerning the | 4 | | appointment of any teacher, teacher aide, counselor, clerk,
| 5 | | hall guard, security guard and any other personnel which is
to | 6 | | be made by the general superintendent whenever less than
a | 7 | | majority
of the duties of that teacher, teacher aide, | 8 | | counselor, clerk, hall guard,
and security guard and any other | 9 | | personnel are to be performed
at the attendance center which is | 10 | | under the principal's supervision; and
(iii) subject to law and | 11 | | the applicable collective bargaining agreements,
the authority | 12 | | and responsibilities of a principal with respect to the
| 13 | | evaluation of all teachers and other personnel assigned to an | 14 | | attendance
center shall commence immediately upon his or her | 15 | | appointment as principal
of the attendance center, without | 16 | | regard to the length of time that he or
she has been the | 17 | | principal of that attendance center.
| 18 | | The principal shall report to the general superintendent or | 19 | | chief executive officer
all non-public sources of revenue for | 20 | | the attendance center, including, but not
limited to, revenue | 21 | | received through fundraisers, grants, and
donations, so long as | 22 | | the sources of revenue equal or exceed $1,000 and the funds are | 23 | | transferred into the school district's educational fund or | 24 | | operations and maintenance fund. | 25 | | Notwithstanding the existence of any other law of this | 26 | | State, nothing in
this Act shall prevent the board from |
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| 1 | | entering into a contract with a third
party for services | 2 | | currently performed by any employee or bargaining unit
member.
| 3 | | Notwithstanding any other provision of this Article, each | 4 | | principal may
approve contracts, binding on the board, in the | 5 | | amount of no more than $10,000,
if the contract is endorsed by | 6 | | the Local School Council.
| 7 | | Unless otherwise prohibited by law or by rule of the board, | 8 | | the principal
shall provide to local
school council members | 9 | | copies of all
internal audits and any other pertinent | 10 | | information generated by any audits or
reviews of the programs | 11 | | and operation of the attendance center.
| 12 | | Each principal shall hold a valid administrative
| 13 | | certificate issued or exchanged in accordance with Article 21 | 14 | | and endorsed
as required by that Article for the position of | 15 | | principal. The board may
establish or impose academic,
| 16 | | educational, examination, and experience requirements and
| 17 | | criteria that are in addition
to those established and required | 18 | | by Article 21 for issuance of a valid
certificate endorsed for | 19 | | the position of principal as a condition of the nomination, | 20 | | selection,
appointment,
employment, or continued employment of | 21 | | a person as principal of any
attendance center, or as a | 22 | | condition of the renewal of any principal's
performance | 23 | | contract.
| 24 | | The board shall specify in its formal job description for | 25 | | principals,
and from and after July 1, 1990 shall specify in | 26 | | the 4 year
performance contracts for use with respect to all |
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| 1 | | principals,
that his or her primary responsibility is in the | 2 | | improvement of
instruction. A majority of the time spent by a | 3 | | principal shall be spent on
curriculum and staff development | 4 | | through both formal and informal
activities, establishing | 5 | | clear lines of communication regarding school
goals, | 6 | | accomplishments, practices and policies with parents and | 7 | | teachers.
The principal, with the assistance of the local | 8 | | school council, shall
develop a school improvement plan as | 9 | | provided in Section 34-2.4 and, upon
approval of the plan by | 10 | | the local school council, shall
be responsible for directing | 11 | | implementation of the plan. The principal,
with the assistance | 12 | | of the professional personnel leadership committee, shall
| 13 | | develop the specific methods and contents of the school's | 14 | | curriculum within
the board's system-wide curriculum standards | 15 | | and objectives and the
requirements of the school improvement | 16 | | plan. The board shall ensure that all
principals are evaluated | 17 | | on their instructional leadership ability and their
ability to | 18 | | maintain a positive education and learning climate. It shall | 19 | | also
be the responsibility of the principal to utilize | 20 | | resources of proper law
enforcement agencies when the safety | 21 | | and welfare of students and teachers are
threatened by illegal | 22 | | use of drugs and alcohol, by illegal use or possession
of | 23 | | weapons, or by illegal gang activity.
| 24 | | Nothing in this Section shall prohibit the board and the | 25 | | exclusive representative of the district's teachers from | 26 | | entering into an agreement under Section 34-85c of this Code to |
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| 1 | | establish alternative procedures for teacher evaluation, | 2 | | remediation, and removal for cause after remediation, | 3 | | including an alternative system for peer evaluation and | 4 | | recommendations, for teachers assigned to schools identified | 5 | | in that agreement.
| 6 | | On or before October 1, 1989, the Board of Education, in | 7 | | consultation
with any professional organization representing | 8 | | principals in the district,
shall promulgate rules and | 9 | | implement a lottery for the purpose of
determining whether a | 10 | | principal's existing performance contract (including
the | 11 | | performance contract applicable to any principal's position in | 12 | | which a
vacancy then exists) expires on June 30, 1990 or on | 13 | | June 30, 1991, and
whether the ensuing 4 year performance | 14 | | contract begins on July 1, 1990 or
July 1, 1991. The Board of | 15 | | Education shall establish and conduct the
lottery in such | 16 | | manner that of all the performance contracts of principals
| 17 | | (including the performance contracts applicable to all | 18 | | principal positions
in which a vacancy then exists), 50% of | 19 | | such contracts shall expire on June
30, 1990, and 50% shall | 20 | | expire on June 30, 1991. All persons serving as
principal on | 21 | | May 1, 1989, and all persons appointed as principal after May
| 22 | | 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | 23 | | other than
as provided by Section 34-2.3, shall be deemed by | 24 | | operation of
law to be serving under a performance contract | 25 | | which expires on June 30,
1990 or June 30, 1991; and unless | 26 | | such performance contract of any such
principal is renewed (or |
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| 1 | | such person is again appointed to serve as
principal) in the | 2 | | manner provided by Section 34-2.2 or 34-2.3, the
employment of | 3 | | such person as principal shall terminate on June 30, 1990
or | 4 | | June 30, 1991.
| 5 | | Commencing on July 1, 1990, or on July 1, 1991, and | 6 | | thereafter, the
principal of each attendance center shall be | 7 | | the person selected in the
manner provided by Section 34-2.3 to | 8 | | serve as principal of that attendance
center under a 4 year | 9 | | performance contract. All performance contracts of
principals | 10 | | expiring after July 1, 1990, or July 1, 1991, shall commence on
| 11 | | the date specified in the contract, and the renewal of their | 12 | | performance
contracts and the appointment of principals when | 13 | | their performance contracts
are not renewed shall be governed | 14 | | by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office | 15 | | of a principal occurs for any reason, the vacancy shall
be | 16 | | filled by the selection of a new principal to serve under a 4 | 17 | | year
performance contract in the manner provided by Section | 18 | | 34-2.3.
| 19 | | The board of education shall develop and prepare, in | 20 | | consultation with
the organization representing principals, a | 21 | | performance contract for
use
at all attendance centers, and | 22 | | shall furnish the same to each local school
council. The term | 23 | | of the performance contract shall be 4 years, unless the
| 24 | | principal is retained by the decision of a hearing officer | 25 | | pursuant to
subdivision 1.5 of Section 34-2.3, in which case | 26 | | the contract shall be
extended for 2 years. The performance
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| 1 | | contract of each principal shall consist of the
uniform | 2 | | performance contract, as developed or from time to time | 3 | | modified by the
board, and such additional criteria as are | 4 | | established by a local school
council pursuant to Section | 5 | | 34-2.3 for the performance contract of its
principal.
| 6 | | During the term of his or her performance contract, a | 7 | | principal may be
removed only as provided for in the | 8 | | performance contract except for cause.
He or she shall also be | 9 | | obliged to follow the rules of the board of
education | 10 | | concerning conduct and efficiency.
| 11 | | In the event the performance contract of a principal is not | 12 | | renewed or a
principal is not reappointed as principal under a | 13 | | new performance contract,
or in the event a principal is | 14 | | appointed to any position of
superintendent or higher position, | 15 | | or voluntarily
resigns his position of principal, his or her | 16 | | employment as a principal
shall terminate and such former | 17 | | principal shall not be
reinstated to the position from which he | 18 | | or she was promoted to principal,
except that he or she, if | 19 | | otherwise qualified and certified in accordance
with Article | 20 | | 21, shall be placed by the board on appropriate eligibility
| 21 | | lists which it prepares for use in the filling of vacant or | 22 | | additional or
newly created positions for teachers. The | 23 | | principal's total years of
service to the board as both a | 24 | | teacher and a principal, or in other
professional capacities, | 25 | | shall be used in calculating years of experience
for purposes | 26 | | of being selected as a teacher into new, additional or vacant
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| 1 | | positions.
| 2 | | In the event the performance contract of a principal is not | 3 | | renewed or
a principal is not reappointed as principal under a | 4 | | new performance
contract, such principal shall be eligible to | 5 | | continue to receive his or
her previously provided level of | 6 | | health insurance benefits for a period of
90 days following the | 7 | | non-renewal of the contract at no expense to the
principal, | 8 | | provided that such principal has not retired.
| 9 | | (Source: P.A. 99-642, eff. 7-28-16.)
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