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| [ House Amendment 003 ] |
90_HB0053ham001
LRB9000682THpkam
1 AMENDMENT TO HOUSE BILL 53
2 AMENDMENT NO. . Amend House Bill 53 by replacing the
3 title with the following:
4 "AN ACT to amend the School Code by changing Section
5 34-2.3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Section 34-2.3 as follows:
10 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
11 Sec. 34-2.3. Local school councils - Powers and duties.
12 Each local school council shall have and exercise, consistent
13 with the provisions of this Article and the powers and duties
14 of the board of education, the following powers and duties:
15 1. To evaluate the performance of the principal of the
16 attendance center taking into consideration the annual
17 evaluation of the principal conducted by the general
18 superintendent pursuant to subsection (h) of Section 34-8.3,
19 to determine in the manner provided by subsection (c) of
20 Section 34-2.2 whether the performance contract of the
21 principal shall be renewed, and to directly select in the
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1 manner provided by subsection (c) of Section 34-2.2 a new
2 principal (including a new principal to fill a vacancy) --
3 without submitting any list of candidates for that position
4 to the general superintendent as provided in paragraph 2 of
5 this Section -- to serve under a 4 year performance contract;
6 provided that (i) the determination of whether the
7 principal's performance contract is to be renewed and -- in
8 cases where such performance contract is not renewed -- a
9 direct selection of a new principal -- to serve under a 4
10 year performance contract shall be made by the local school
11 council by April 15 of the calendar year in which the current
12 performance contract of the principal expires, and (ii) a
13 direct selection by the local school council of a new
14 principal to fill a vacancy under a 4 year performance
15 contract shall be made within 90 days after the date such
16 vacancy occurs. A Council shall be required, if requested by
17 the principal, to provide in writing the reasons for the
18 council's not renewing the principal's contract.
19 2. In the event (i) the local school council does not
20 renew the performance contract of the principal, or the
21 principal fails to receive a satisfactory rating as provided
22 in subsection (h) of Section 34-8.3, or the principal is
23 removed for cause during the term of his or her performance
24 contract in the manner provided by Section 34-85, or a
25 vacancy in the position of principal otherwise occurs prior
26 to the expiration of the term of a principal's performance
27 contract, and (ii) the local school council fails to directly
28 select a new principal (including a new principal to fill a
29 vacancy) to serve under a 4 year performance contract, the
30 local school council in such event shall submit to the
31 general superintendent a list of 3 candidates -- listed in
32 the local school council's order of preference -- for the
33 position of principal, one of which shall be selected by the
34 general superintendent to serve as principal of the
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1 attendance center. If the general superintendent fails or
2 refuses to select one of the candidates on the list to serve
3 as principal within 30 days after being furnished with the
4 candidate list, the local school council within 15 days after
5 such failure or refusal shall itself select one of the
6 candidates from the list as principal of the attendance
7 center. There shall be no discrimination on the basis of
8 race, sex, creed, color or disability unrelated to ability to
9 perform in connection with the submission of candidates for,
10 and the selection of a candidate to serve as principal of an
11 attendance center. No person shall be directly selected,
12 listed as a candidate for, or selected to serve as principal
13 of an attendance center (i) if such person has been removed
14 for cause from employment by the Board or (ii) if such person
15 does not hold a valid administrative certificate issued or
16 exchanged under Article 21 and endorsed as required by that
17 Article for the position of principal. A principal whose
18 performance contract is not renewed as provided under
19 subsection (c) of Section 34-2.2 may nevertheless, if
20 otherwise qualified and certified as herein provided and if
21 he or she has received a satisfactory rating as provided in
22 subsection (h) of Section 34-8.3, be included by a local
23 school council as one of the 3 candidates listed in order of
24 preference on any candidate list from which one person is to
25 be selected to serve as principal of the attendance center
26 under a new performance contract. The initial candidate list
27 required to be submitted by a local school council to the
28 general superintendent in cases where the local school
29 council does not renew the performance contract of its
30 principal and does not directly select a new principal to
31 serve under a 4 year performance contract shall be submitted
32 not later than May 1 of the calendar year in which such
33 performance contract expires. In cases where a principal is
34 removed for cause or a vacancy otherwise occurs in the
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1 position of principal and the vacancy is not filled by direct
2 selection by the local school council, the candidate list
3 shall be submitted by the local school council to the general
4 superintendent not later than 90 days after the date such
5 removal or vacancy occurs.
6 2.5. Whenever a vacancy in the office of a principal
7 occurs for any reason, the vacancy shall be filled in the
8 manner provided by this Section by the selection of a new
9 principal to serve under a 4 year performance contract.
10 3. To establish additional criteria to be included as
11 part of the performance contract of its principal, provided
12 that such additional criteria shall not discriminate on the
13 basis of race, sex, creed, color or disability unrelated to
14 ability to perform, and shall not be inconsistent with the
15 uniform 4 year performance contract for principals developed
16 by the board as provided in Section 34-8.1 of the School Code
17 or with other provisions of this Article governing the
18 authority and responsibility of principals.
19 4. To approve the expenditure plan prepared by the
20 principal with respect to all funds allocated and distributed
21 to the attendance center by the Board. The expenditure plan
22 shall be administered by the principal. Notwithstanding any
23 other provision of this Act or any other law, any expenditure
24 plan approved and administered under this Section 34-2.3
25 shall be consistent with and subject to the terms of any
26 contract for services with a third party entered into by the
27 Chicago School Reform Board of Trustees or the board under
28 this Act.
29 Via a supermajority vote of 7 members of the local school
30 council or 8 members of a high school local school council,
31 the Council may transfer allocations pursuant to Section
32 34-2.3 within funds; provided that such a transfer is
33 consistent with applicable law and collective bargaining
34 agreements.
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1 Beginning in fiscal year 1991 and in each fiscal year
2 thereafter, the Board may reserve up to 1% of its total
3 fiscal year budget for distribution on a prioritized basis to
4 schools throughout the school system in order to assure
5 adequate programs to meet the needs of special student
6 populations as determined by the Board. This distribution
7 shall take into account the needs catalogued in the
8 Systemwide Plan and the various local school improvement
9 plans of the local school councils. Information about these
10 centrally funded programs shall be distributed to the local
11 school councils so that their subsequent planning and
12 programming will account for these provisions.
13 Beginning in fiscal year 1991 and in each fiscal year
14 thereafter, from other amounts available in the applicable
15 fiscal year budget, the board shall allocate a lump sum
16 amount to each local school based upon such formula as the
17 board shall determine taking into account the special needs
18 of the student body. The local school principal shall
19 develop an expenditure plan in consultation with the local
20 school council, the professional personnel advisory committee
21 and with all other school personnel, which reflects the
22 priorities and activities as described in the school's local
23 school improvement plan and is consistent with applicable law
24 and collective bargaining agreements and with board policies
25 and standards; however, the local school council shall have
26 the right to request waivers of board policy from the board
27 of education and waivers of employee collective bargaining
28 agreements pursuant to Section 34-8.1a.
29 The expenditure plan developed by the principal with
30 respect to amounts available from the fund for prioritized
31 special needs programs and the allocated lump sum amount must
32 be approved by the local school council.
33 The lump sum allocation shall take into account the
34 following principles:
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1 a. Teachers: Each school shall be allocated funds
2 equal to the amount appropriated in the previous school
3 year for compensation for teachers (regular grades
4 kindergarten through 12th grade) plus whatever increases
5 in compensation have been negotiated contractually or
6 through longevity as provided in the negotiated
7 agreement. Adjustments shall be made due to layoff or
8 reduction in force, lack of funds or work, change in
9 subject requirements, enrollment changes, or contracts
10 with third parties for the performance of services or to
11 rectify any inconsistencies with system-wide allocation
12 formulas or for other legitimate reasons.
13 b. Other personnel: Funds for other teacher
14 certificated and uncertificated personnel paid through
15 non-categorical funds shall be provided according to
16 system-wide formulas based on student enrollment and the
17 special needs of the school as determined by the Board.
18 c. Non-compensation items: Appropriations for all
19 non-compensation items shall be based on system-wide
20 formulas based on student enrollment and on the special
21 needs of the school or factors related to the physical
22 plant, including but not limited to textbooks, supplies,
23 electricity, equipment, and routine maintenance.
24 d. Funds for categorical programs: Schools shall
25 receive personnel and funds based on, and shall use such
26 personnel and funds in accordance with State and Federal
27 requirements applicable to each categorical program
28 provided to meet the special needs of the student body
29 (including but not limited to, Federal Chapter I,
30 Bilingual, and Special Education).
31 d.1. Funds for State Title I: Each school shall
32 receive funds based on State and Board requirements
33 applicable to each State Title I pupil provided to meet
34 the special needs of the student body. Each school shall
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1 receive the proportion of funds as provided in Section
2 18-8 to which they are entitled. These funds shall be
3 spent only with the budgetary approval of the Local
4 School Council as provided in Section 34-2.3.
5 e. The Local School Council shall have the right to
6 request the principal to close positions and open new
7 ones consistent with the provisions of the local school
8 improvement plan provided that these decisions are
9 consistent with applicable law and collective bargaining
10 agreements. If a position is closed, pursuant to this
11 paragraph, the local school shall have for its use the
12 system-wide average compensation for the closed position.
13 f. Operating within existing laws and collective
14 bargaining agreements, the local school council shall
15 have the right to direct the principal to shift
16 expenditures within funds.
17 g. (Blank).
18 Any funds unexpended at the end of the fiscal year shall
19 be available to the board of education for use as part of its
20 budget for the following fiscal year.
21 5. To make recommendations to the principal concerning
22 textbook selection and concerning curriculum developed
23 pursuant to the school improvement plan which is consistent
24 with systemwide curriculum objectives in accordance with
25 Sections 34-8 and 34-18 of the School Code and in conformity
26 with the collective bargaining agreement.
27 6. To advise the principal with respect to concerning
28 the attendance and disciplinary policies for the attendance
29 center, subject to the provisions of this Article and Article
30 26 of the School Code, and consistent with the uniform system
31 of discipline that is established by the board pursuant to
32 Section 34-19.
33 7. To approve a school improvement plan developed as
34 provided in Section 34-2.4. The process and schedule for plan
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1 development shall be publicized to the entire school
2 community, and the community shall be afforded the
3 opportunity to make recommendations concerning the plan. At
4 least twice a year the principal and local school council
5 shall report publicly on progress and problems with respect
6 to plan implementation.
7 8. To evaluate the allocation of teaching resources and
8 other certificated and uncertificated staff to the attendance
9 center to determine whether such allocation is consistent
10 with and in furtherance of instructional objectives and
11 school programs reflective of the school improvement plan
12 adopted for the attendance center; and to make
13 recommendations to the board, the general superintendent and
14 the principal concerning any reallocation of teaching
15 resources or other staff whenever the council determines that
16 any such reallocation is appropriate because the
17 qualifications of any existing staff at the attendance center
18 do not adequately match or support instructional objectives
19 or school programs which reflect the school improvement plan.
20 9. To make recommendations to the principal and the
21 general superintendent concerning their respective
22 appointments, after August 31, 1989, and in the manner
23 provided by Section 34-8 and Section 34-8.1, of persons to
24 fill any vacant, additional or newly created positions for
25 teachers at the attendance center or at attendance centers
26 which include the attendance center served by the local
27 school council.
28 10. To request of the Board the manner in which training
29 and assistance shall be provided to the local school council.
30 Pursuant to Board guidelines a local school council is
31 authorized to direct the Board of Education to contract with
32 personnel or not-for-profit organizations not associated with
33 the school district to train or assist council members. If
34 training or assistance is provided by contract with personnel
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1 or organizations not associated with the school district, the
2 period of training or assistance shall not exceed 30 hours
3 during a given school year; person shall not be employed on a
4 continuous basis longer than said period and shall not have
5 been employed by the Chicago Board of Education within the
6 preceding six months. Council members shall receive training
7 in at least the following areas:
8 1. school budgets;
9 2. educational theory pertinent to the attendance
10 center's particular needs, including the development of
11 the school improvement plan and the principal's
12 performance contract; and
13 3. personnel selection.
14 Council members shall, to the greatest extent possible,
15 complete such training within 90 days of election.
16 11. In accordance with systemwide guidelines contained
17 in the System-Wide Educational Reform Goals and Objectives
18 Plan, criteria for evaluation of performance shall be
19 established for local school councils and local school
20 council members. If a local school council persists in
21 noncompliance with systemwide requirements, the Board may
22 impose sanctions and take necessary corrective action,
23 consistent with Section 34-8.3.
24 12. Each local school council shall comply with the Open
25 Meetings Act and the Freedom of Information Act. Each local
26 school council shall issue and transmit to its school
27 community a detailed annual report accounting for its
28 activities programmatically and financially. Each local
29 school council shall convene at least 2 well-publicized
30 meetings annually with its entire school community. These
31 meetings shall include presentation of the proposed local
32 school improvement plan, of the proposed school expenditure
33 plan, and the annual report, and shall provide an opportunity
34 for public comment.
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1 13. Each local school council is encouraged to involve
2 additional non-voting members of the school community in
3 facilitating the council's exercise of its responsibilities.
4 14. The local school council may adopt a school uniform
5 or dress code policy that governs the attendance center and
6 that is necessary to maintain the orderly process of a school
7 function or prevent endangerment of student health or safety,
8 consistent with the policies and rules of the Board of
9 Education. A school uniform or dress code policy adopted by a
10 local school council: (i) shall not be applied in such manner
11 as to discipline or deny attendance to a transfer student or
12 any other student for noncompliance with that policy during
13 such period of time as is reasonably necessary to enable the
14 student to acquire a school uniform or otherwise comply with
15 the dress code policy that is in effect at the attendance
16 center into which the student's enrollment is transferred;
17 and (ii) shall include criteria and procedures under which
18 the local school council will accommodate the needs of or
19 otherwise provide appropriate resources to assist a student
20 from an indigent family in complying with an applicable
21 school uniform or dress code policy. A student whose parents
22 or legal guardians object on religious grounds to the
23 student's compliance with an applicable school uniform or
24 dress code policy shall not be required to comply with that
25 policy if the student's parents or legal guardians present to
26 the local school council a signed statement of objection
27 detailing the grounds for the objection.
28 15. All decisions made and actions taken by the local
29 school council in the exercise of its powers and duties shall
30 comply with State and federal laws, all applicable collective
31 bargaining agreements, court orders and rules properly
32 promulgated by the Board.
33 15a. To grant, in accordance with board rules and
34 policies, the use of assembly halls and classrooms when not
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1 otherwise needed, including lighting, heat, and attendants,
2 for public lectures, concerts, and other educational and
3 social activities.
4 15b. To approve, in accordance with board rules and
5 policies, receipts and expenditures for all internal accounts
6 of the attendance center, and to approve all fund-raising
7 activities by nonschool organizations that use the school
8 building.
9 16. (Blank).
10 17. Names and addresses of local school council members
11 shall be a matter of public record.
12 (Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
13 eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
14 revised 9-9-96.)".