Full Text of HB3171 97th General Assembly
HB3171enr 97TH 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 Sections | 5 | | 10-21.4a, 10-23.8a, 10-23.8b, and 24A-15 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, who | 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.
| 16 | | The principal shall submit recommendations to the | 17 | | superintendent
concerning the appointment, retention, | 18 | | promotion and assignment of all
personnel assigned to the | 19 | | attendance center.
| 20 | | If a principal is absent due to extended illness or leave | 21 | | of absence, an
assistant principal may be assigned as acting | 22 | | principal for a period not
to exceed 60 school days.
| 23 | | (Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96; 90-14, | 24 | | eff.
7-1-97.)
| 25 | | (105 ILCS 5/10-23.8a) (from Ch. 122, par. 10-23.8a)
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| 1 | | Sec. 10-23.8a. Principal , assistant principal, and other | 2 | | administrator contracts. After the effective date of this | 3 | | amendatory Act of 1997 and the expiration of
contracts in | 4 | | effect on the effective date of this amendatory Act, school
| 5 | | districts may only employ principals , assistant principals, | 6 | | and other school administrators under either a
contract for a | 7 | | period not to exceed one year or a performance-based contract | 8 | | for a period not to exceed 5
years, unless the provisions of | 9 | | Section 10-23.8b of this Code or subsection (e) of Section | 10 | | 24A-15 of this Code otherwise apply.
| 11 | | Performance-based contracts shall be linked to student
| 12 | | performance and academic improvement attributable to the | 13 | | responsibilities and
duties of the principal , assistant | 14 | | principal, or administrator. No performance-based
contract | 15 | | shall be extended or rolled-over prior to its scheduled | 16 | | expiration
unless
all the performance and improvement goals | 17 | | contained in the contract have been
met.
Each performance-based | 18 | | contract shall include the goals and
indicators of student | 19 | | performance and academic improvement determined and used
by the | 20 | | local school board to measure the performance and effectiveness | 21 | | of the
principal , assistant principal, or other administrator | 22 | | and such other information as the local school
board may | 23 | | determine.
| 24 | | By accepting the terms of a multi-year contract, the | 25 | | principal , assistant principal, or
administrator waives
all | 26 | | rights granted him or her under Sections 24-11 through 24-16 of |
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| 1 | | this
Act only for
the term of the multi-year contract. Upon | 2 | | acceptance of a multi-year
contract, the principal , assistant | 3 | | principal, or administrator shall not lose any previously
| 4 | | acquired tenure credit with the district.
| 5 | | (Source: P.A. 94-1039, eff. 7-20-06.)
| 6 | | (105 ILCS 5/10-23.8b) (from Ch. 122, par. 10-23.8b)
| 7 | | Sec. 10-23.8b. Reclassification of principals and | 8 | | assistant principals . Upon non-renewal of a principal's or | 9 | | assistant principal's administrative contract, the principal | 10 | | or assistant principal shall be reclassified pursuant to this | 11 | | Section. No principal or assistant principal who has
completed | 12 | | 2 or more years of administrative service in the school
| 13 | | district may be reclassified by demotion or reduction in rank | 14 | | from one
position within a school district to another for which | 15 | | a lower salary is
paid without written notice from the board of | 16 | | the proposed reclassification
by April 1 of the year in which | 17 | | the contract expires.
| 18 | | Within 10 days of the principal's or assistant principal's | 19 | | receipt of this notice,
the school board shall provide the | 20 | | principal or assistant principal with a written statement of
| 21 | | the facts regarding reclassification, and the principal or | 22 | | assistant principal may
request and receive a private hearing | 23 | | with the board to discuss the
reasons for the reclassification. | 24 | | If the principal or assistant principal is not satisfied with
| 25 | | the results of the private hearing, he or she may, within 5 |
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| 1 | | days thereafter,
request and receive a public hearing on the | 2 | | reclassification. Any
principal or assistant principal may be | 3 | | represented by counsel at a private or public hearing
conducted | 4 | | under this Section.
| 5 | | If the board decides to proceed with the reclassification, | 6 | | it shall
give the principal or assistant principal written | 7 | | notice of its decision within 15 days of the
private hearing or | 8 | | within 15 days of the public hearing held under this
Section | 9 | | whichever is later. The decision of the board thereupon becomes
| 10 | | final.
| 11 | | Nothing in this Section prohibits a board from ordering | 12 | | lateral
transfers of principals or assistant principals to | 13 | | positions of similar rank and equal salary.
| 14 | | The changes made by Public Act 94-201 this amendatory Act | 15 | | of the 94th General Assembly are declaratory of existing law.
| 16 | | (Source: P.A. 94-201, eff. 1-1-06.)
| 17 | | (105 ILCS 5/24A-15) | 18 | | Sec. 24A-15. Development of evaluation plan for principals | 19 | | and assistant principals . | 20 | | (a) Each school district, except for a school district | 21 | | organized under Article 34 of this Code, shall establish a | 22 | | principal and assistant principal evaluation plan in | 23 | | accordance with this Section. The plan must ensure that each | 24 | | principal and assistant principal is evaluated as follows: | 25 | | (1) For a principal or assistant principal on a |
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| 1 | | single-year contract, the evaluation must take place by | 2 | | March 1 of each year. | 3 | | (2) For a principal or assistant principal on a | 4 | | multi-year contract under Section 10-23.8a of this Code, | 5 | | the evaluation must take place by March 1 of the final year | 6 | | of the contract. | 7 | | On and after September 1, 2012, the plan must: | 8 | | (i) rate the principal's or assistant principal's | 9 | | performance as "excellent", "proficient", "needs | 10 | | improvement" or "unsatisfactory"; and | 11 | | (ii) ensure that each principal and assistant | 12 | | principal is evaluated at least once every school year. | 13 | | Nothing in this Section prohibits a school district from | 14 | | conducting additional evaluations of principals and assistant | 15 | | principals .
| 16 | | (b) The evaluation shall include a description of the | 17 | | principal's or assistant principal's duties and | 18 | | responsibilities and the standards to which the principal or | 19 | | assistant principal is expected to conform. | 20 | | (c) The evaluation for a principal must be performed by the | 21 | | district superintendent, the superintendent's designee, or, in | 22 | | the absence of the superintendent or his or her designee, an | 23 | | individual appointed by the school board who holds a registered | 24 | | Type 75 State administrative certificate. | 25 | | Prior to September 1, 2012, the evaluation must be in | 26 | | writing and must at least do all of the following: |
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| 1 | | (1) Consider the principal's specific duties, | 2 | | responsibilities, management, and competence as a | 3 | | principal. | 4 | | (2) Specify the principal's strengths and weaknesses, | 5 | | with supporting reasons. | 6 | | (3) Align with research-based standards established by | 7 | | administrative rule.
| 8 | | On and after September 1, 2012, the evaluation must, in | 9 | | addition to the requirements in items (1), (2), and (3) of this | 10 | | subsection (c), provide for the use of data and indicators on | 11 | | student growth as a significant factor in rating performance. | 12 | | (c-5) The evaluation of an assistant principal must be | 13 | | performed by the principal, the district superintendent, the | 14 | | superintendent's designee, or, in the absence of the | 15 | | superintendent or his or her designee, an individual appointed | 16 | | by the school board who holds a registered Type 75 State | 17 | | administrative certificate. The evaluation must be in writing | 18 | | and must at least do all of the following: | 19 | | (1) Consider the assistant principal's specific | 20 | | duties, responsibilities, management, and competence as an | 21 | | assistant principal. | 22 | | (2) Specify the assistant principal's strengths and | 23 | | weaknesses with supporting reasons. | 24 | | (3) Align with the Illinois Professional Standards for | 25 | | School Leaders or research-based district standards. | 26 | | On and after September 1, 2012, the evaluation must, in |
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| 1 | | addition to the requirements in items (1), (2), and (3) of this | 2 | | subsection (c-5), provide for the use of data and indicators on | 3 | | student growth as a significant factor in rating performance. | 4 | | (d) One copy of the evaluation must be included in the | 5 | | principal's or assistant principal's personnel file and one | 6 | | copy of the evaluation must be provided to the principal or | 7 | | assistant principal . | 8 | | (e) Failure by a district to evaluate a principal or | 9 | | assistant principal and to provide the principal or assistant | 10 | | principal with a copy of the evaluation at least once during | 11 | | the term of the principal's or assistant principal's contract, | 12 | | in accordance with this Section, is evidence that the principal | 13 | | or assistant principal is performing duties and | 14 | | responsibilities in at least a satisfactory manner and shall | 15 | | serve to automatically extend the principal's or assistant | 16 | | principal's contract for a period of one year after the | 17 | | contract would otherwise expire, under the same terms and | 18 | | conditions as the prior year's contract. The requirements in | 19 | | this Section are in addition to the right of a school board to | 20 | | reclassify a principal or assistant principal pursuant to | 21 | | Section 10-23.8b of this Code. | 22 | | (f) Nothing in this Section prohibits a school board from | 23 | | ordering lateral transfers of principals or assistant | 24 | | principals to positions of similar rank and salary.
| 25 | | (Source: P.A. 96-861, eff. 1-15-10.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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