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90_HB0825
105 ILCS 5/10-21.4a from Ch. 122, par. 10-21.4a
105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3
105 ILCS 5/34-8.1 from Ch. 122, par. 34-8.1
Amends the School Code. Provides that if an attendance
center includes an annex building that is separate from the
main school building but that is used as a regular school
building for the instruction of pupils of the attendance
center, the school board must employ, in addition to the
principal for the main school building, a principal for the
annex school building. Provides that each principal so
employed is solely responsible, independent of the other
principal, for the planning, operation, evaluation,
supervision, and direction of the educational program and
personnel at the annex school building or main school
building to which he or she is assigned as principal.
LRB9003383THpk
LRB9003383THpk
1 AN ACT to amend the School Code by changing Sections
2 10-21.4a, 34-2.3, and 34-8.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-21.4a, 34-2.3, and 34-8.1 as follows:
7 (105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
8 Sec. 10-21.4a. Principals; Duties. To employ principals
9 who hold valid supervisory or administrative certificates who
10 shall supervise the operation of attendance centers as the
11 board shall determine necessary. However, if an attendance
12 center includes an annex building that is separate from the
13 main school building but that is used as a regular school
14 building for the instruction of pupils of the attendance
15 center, the school board is required to employ, in addition
16 to the principal for the main school building, a principal
17 for the annex school building. In an attendance center having
18 fewer than 4 teachers, a head teacher who does not qualify as
19 a principal may be assigned in the place of a principal.
20 The principal shall assume administrative
21 responsibilities and instructional leadership, under the
22 supervision of the superintendent, and in accordance with
23 reasonable rules and regulations of the board, for the
24 planning, operation and evaluation of the educational program
25 of the attendance area to which he or she is assigned, except
26 that if an attendance center includes an annex building for
27 which the school board is required to employ an additional
28 principal as provided in this Section, the principal employed
29 and assigned to the main school building and the principal
30 assigned to the annex school building shall each be solely
31 responsible, independent of the other principal, for the
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1 planning, operation, evaluation, direction, and supervision
2 of the educational program and personnel employed at the
3 annex school building or main school building to which he or
4 she is assigned as principal. However, in districts under a
5 Financial Oversight Panel pursuant to Section 1A-8 for
6 violating a financial plan, the duties and responsibilities
7 of principals in relation to the financial and business
8 operations of the district shall be approved by the Panel. In
9 the event the Board refuses or fails to follow a directive or
10 comply with an information request of the Panel, the
11 performance of those duties shall be subject to the direction
12 of the Panel.
13 School boards shall specify in their formal job
14 description for principals that his or her primary
15 responsibility is in the improvement of instruction. A
16 majority of the time spent by a principal shall be spent on
17 curriculum and staff development through both formal and
18 informal activities, establishing clear lines of
19 communication regarding school goals, accomplishments,
20 practices and policies with parents and teachers.
21 Unless residency within a school district is made an
22 express condition of a person's employment or continued
23 employment as a principal of that school district at the time
24 of the person's initial employment as a principal of that
25 district, residency within that school district may not at
26 any time thereafter be made a condition of that person's
27 employment or continued employment as a principal of the
28 district, without regard to whether the person's initial
29 employment as a principal of the district began before or
30 begins on or after the effective date of this amendatory Act
31 of 1996 and without regard to whether that person's residency
32 within or outside of the district began or was changed before
33 or begins or changes on or after that effective date. In no
34 event shall residency within a school district be considered
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1 in determining the compensation of a principal or the
2 assignment or transfer of a principal to an attendance center
3 of the district.
4 School boards shall ensure that their principals are
5 evaluated on their instructional leadership ability and their
6 ability to maintain a positive education and learning
7 climate.
8 It shall also be the responsibility of the principal to
9 utilize resources of proper law enforcement agencies when the
10 safety and welfare of students and teachers are threatened by
11 illegal use of drugs and alcohol.
12 The principal shall submit recommendations to the
13 superintendent concerning the appointment, retention,
14 promotion and assignment of all personnel assigned to the
15 attendance center.
16 If a principal is absent due to extended illness or leave
17 of absence, an assistant principal may be assigned as acting
18 principal for a period not to exceed 60 school days.
19 (Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96;
20 revised 9-10-96.)
21 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
22 Sec. 34-2.3. Local school councils; Powers and duties.
23 Each local school council shall have and exercise, consistent
24 with the provisions of this Article and the powers and duties
25 of the board of education, the following powers and duties:
26 1. To evaluate the performance of each the principal
27 employed at of the attendance center taking into
28 consideration the annual evaluation of the principal
29 conducted by the general superintendent pursuant to
30 subsection (h) of Section 34-8.3, to determine in the manner
31 provided by subsection (c) of Section 34-2.2 whether the
32 performance contract of a the principal shall be renewed, and
33 to directly select in the manner provided by subsection (c)
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1 of Section 34-2.2 a new principal (including a new principal
2 to fill a vacancy) -- without submitting any list of
3 candidates for that position to the general superintendent as
4 provided in paragraph 2 of this Section -- to serve under a 4
5 year performance contract; provided that (i) the
6 determination of whether a the principal's performance
7 contract is to be renewed and -- in cases where such
8 performance contract is not renewed -- a direct selection of
9 a new principal -- to serve under a 4 year performance
10 contract shall be made by the local school council by April
11 15 of the calendar year in which the current performance
12 contract of the principal expires, and (ii) a direct
13 selection by the local school council of a new principal to
14 fill a vacancy under a 4 year performance contract shall be
15 made within 90 days after the date such vacancy occurs. A
16 Council shall be required, if requested by a the principal,
17 to provide in writing the reasons for the council's not
18 renewing the principal's contract. If an attendance center
19 includes an annex building for which an additional principal
20 must be employed as provided in Section 34-8.1, the local
21 school council shall perform its duties under this Section
22 34-2.3 with respect to each of the principals employed at the
23 attendance center.
24 2. In the event (i) the local school council does not
25 renew the performance contract of a the principal at the
26 attendance center, or the principal fails to receive a
27 satisfactory rating as provided in subsection (h) of Section
28 34-8.3, or the principal is removed for cause during the term
29 of his or her performance contract in the manner provided by
30 Section 34-85, or a vacancy in the position of the principal
31 otherwise occurs prior to the expiration of the term of the a
32 principal's performance contract, and (ii) the local school
33 council fails to directly select a new principal (including a
34 new principal to fill a vacancy) to serve under a 4 year
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1 performance contract to fill that principal's position, the
2 local school council in such event shall submit to the
3 general superintendent a list of 3 candidates -- listed in
4 the local school council's order of preference -- for the
5 position of that principal, one of which shall be selected by
6 the general superintendent to serve as a principal at of the
7 attendance center. If the general superintendent fails or
8 refuses to select one of the candidates on the list to serve
9 as such principal within 30 days after being furnished with
10 the candidate list, the local school council within 15 days
11 after such failure or refusal shall itself select one of the
12 candidates from the list to serve as a principal at of the
13 attendance center. There shall be no discrimination on the
14 basis of race, sex, creed, color or disability unrelated to
15 ability to perform in connection with the submission of
16 candidates for, and the selection of a candidate to serve as
17 a principal at of an attendance center. No person shall be
18 directly selected, listed as a candidate for, or selected to
19 serve as a principal at of an attendance center (i) if such
20 person has been removed for cause from employment by the
21 Board or (ii) if such person does not hold a valid
22 administrative certificate issued or exchanged under Article
23 21 and endorsed as required by that Article for the position
24 of principal. A principal whose performance contract is not
25 renewed as provided under subsection (c) of Section 34-2.2
26 may nevertheless, if otherwise qualified and certified as
27 herein provided and if he or she has received a satisfactory
28 rating as provided in subsection (h) of Section 34-8.3, be
29 included by a local school council as one of the 3 candidates
30 listed in order of preference on any candidate list from
31 which one person is to be selected to serve as a principal at
32 of the attendance center under a new performance contract.
33 The initial candidate list required to be submitted by a
34 local school council to the general superintendent in cases
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1 where the local school council does not renew the performance
2 contract of a its principal and does not directly select a
3 new principal to serve in that position under a 4 year
4 performance contract shall be submitted not later than May 1
5 of the calendar year in which such performance contract
6 expires. In cases where a principal is removed for cause or
7 a vacancy otherwise occurs in the position of principal and
8 the vacancy is not filled by direct selection by the local
9 school council, the candidate list shall be submitted by the
10 local school council to the general superintendent not later
11 than 90 days after the date such removal or vacancy occurs.
12 2.5. Whenever a vacancy in the office of a principal
13 occurs for any reason, the vacancy shall be filled in the
14 manner provided by this Section by the selection of a new
15 principal to serve under a 4 year performance contract.
16 3. To establish additional criteria to be included as
17 part of the performance contract of its principal or
18 principals, provided that such additional criteria shall not
19 discriminate on the basis of race, sex, creed, color or
20 disability unrelated to ability to perform, and shall not be
21 inconsistent with the uniform 4 year performance contract for
22 principals developed by the board as provided in Section
23 34-8.1 of the School Code or with other provisions of this
24 Article governing the authority and responsibility of
25 principals.
26 4. To approve the expenditure plan prepared by the
27 principal or principals employed at the attendance center
28 with respect to all funds allocated and distributed to the
29 attendance center by the Board. The expenditure plan shall
30 be administered by the principal or principal's consistent
31 with the provisions of this Article. Notwithstanding any
32 other provision of this Act or any other law, any expenditure
33 plan approved and administered under this Section 34-2.3
34 shall be consistent with and subject to the terms of any
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1 contract for services with a third party entered into by the
2 Chicago School Reform Board of Trustees or the board under
3 this Act.
4 Via a supermajority vote of 7 members of the local school
5 council or 8 members of a high school local school council,
6 the Council may transfer allocations pursuant to Section
7 34-2.3 within funds; provided that such a transfer is
8 consistent with applicable law and collective bargaining
9 agreements.
10 Beginning in fiscal year 1991 and in each fiscal year
11 thereafter, the Board may reserve up to 1% of its total
12 fiscal year budget for distribution on a prioritized basis to
13 schools throughout the school system in order to assure
14 adequate programs to meet the needs of special student
15 populations as determined by the Board. This distribution
16 shall take into account the needs catalogued in the
17 Systemwide Plan and the various local school improvement
18 plans of the local school councils. Information about these
19 centrally funded programs shall be distributed to the local
20 school councils so that their subsequent planning and
21 programming will account for these provisions.
22 Beginning in fiscal year 1991 and in each fiscal year
23 thereafter, from other amounts available in the applicable
24 fiscal year budget, the board shall allocate a lump sum
25 amount to each local school based upon such formula as the
26 board shall determine taking into account the special needs
27 of the student body. The local school principal or
28 principals shall develop an expenditure plan in consultation
29 with the local school council, the professional personnel
30 advisory committee and with all other school personnel, which
31 reflects the priorities and activities as described in the
32 school's local school improvement plan and is consistent with
33 applicable law and collective bargaining agreements and with
34 board policies and standards; however, the local school
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1 council shall have the right to request waivers of board
2 policy from the board of education and waivers of employee
3 collective bargaining agreements pursuant to Section 34-8.1a.
4 The expenditure plan developed by the principal or
5 principals with respect to amounts available from the fund
6 for prioritized special needs programs and the allocated lump
7 sum amount must be approved by the local school council.
8 The lump sum allocation shall take into account the
9 following principles:
10 a. Teachers: Each school shall be allocated funds
11 equal to the amount appropriated in the previous school
12 year for compensation for teachers (regular grades
13 kindergarten through 12th grade) plus whatever increases
14 in compensation have been negotiated contractually or
15 through longevity as provided in the negotiated
16 agreement. Adjustments shall be made due to layoff or
17 reduction in force, lack of funds or work, change in
18 subject requirements, enrollment changes, or contracts
19 with third parties for the performance of services or to
20 rectify any inconsistencies with system-wide allocation
21 formulas or for other legitimate reasons.
22 b. Other personnel: Funds for other teacher
23 certificated and uncertificated personnel paid through
24 non-categorical funds shall be provided according to
25 system-wide formulas based on student enrollment and the
26 special needs of the school as determined by the Board.
27 c. Non-compensation items: Appropriations for all
28 non-compensation items shall be based on system-wide
29 formulas based on student enrollment and on the special
30 needs of the school or factors related to the physical
31 plant, including but not limited to textbooks, supplies,
32 electricity, equipment, and routine maintenance.
33 d. Funds for categorical programs: Schools shall
34 receive personnel and funds based on, and shall use such
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1 personnel and funds in accordance with State and Federal
2 requirements applicable to each categorical program
3 provided to meet the special needs of the student body
4 (including but not limited to, Federal Chapter I,
5 Bilingual, and Special Education).
6 d.1. Funds for State Title I: Each school shall
7 receive funds based on State and Board requirements
8 applicable to each State Title I pupil provided to meet
9 the special needs of the student body. Each school shall
10 receive the proportion of funds as provided in Section
11 18-8 to which they are entitled. These funds shall be
12 spent only with the budgetary approval of the Local
13 School Council as provided in Section 34-2.3.
14 e. The Local School Council shall have the right to
15 request a the principal to close positions and open new
16 ones consistent with the provisions of the local school
17 improvement plan provided that these decisions are
18 consistent with applicable law and collective bargaining
19 agreements. If a position is closed, pursuant to this
20 paragraph, the local school shall have for its use the
21 system-wide average compensation for the closed position.
22 f. Operating within existing laws and collective
23 bargaining agreements, the local school council shall
24 have the right to direct the principal to shift
25 expenditures within funds.
26 g. (Blank).
27 Any funds unexpended at the end of the fiscal year shall
28 be available to the board of education for use as part of its
29 budget for the following fiscal year.
30 5. To make recommendations to the principal or
31 principals concerning textbook selection and concerning
32 curriculum developed pursuant to the school improvement plan
33 which is consistent with systemwide curriculum objectives in
34 accordance with Sections 34-8 and 34-18 of the School Code
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1 and in conformity with the collective bargaining agreement.
2 6. To advise the principal or principals concerning the
3 attendance and disciplinary policies for the attendance
4 center, subject to the provisions of this Article and Article
5 26, and consistent with the uniform system of discipline
6 established by the board pursuant to Section 34-19.
7 7. To approve a school improvement plan developed as
8 provided in Section 34-2.4. The process and schedule for plan
9 development shall be publicized to the entire school
10 community, and the community shall be afforded the
11 opportunity to make recommendations concerning the plan. At
12 least twice a year the principal or principals and local
13 school council shall report publicly on progress and problems
14 with respect to plan implementation.
15 8. To evaluate the allocation of teaching resources and
16 other certificated and uncertificated staff to the attendance
17 center to determine whether such allocation is consistent
18 with and in furtherance of instructional objectives and
19 school programs reflective of the school improvement plan
20 adopted for the attendance center; and to make
21 recommendations to the board, the general superintendent and
22 the principal or principals concerning any reallocation of
23 teaching resources or other staff whenever the council
24 determines that any such reallocation is appropriate because
25 the qualifications of any existing staff at the attendance
26 center do not adequately match or support instructional
27 objectives or school programs which reflect the school
28 improvement plan.
29 9. To make recommendations to the principal or
30 principals and the general superintendent concerning their
31 respective appointments, after August 31, 1989, and in the
32 manner provided by Section 34-8 and Section 34-8.1, of
33 persons to fill any vacant, additional or newly created
34 positions for teachers at the attendance center or at
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1 attendance centers which include the attendance center served
2 by the local school council.
3 10. To request of the Board the manner in which training
4 and assistance shall be provided to the local school council.
5 Pursuant to Board guidelines a local school council is
6 authorized to direct the Board of Education to contract with
7 personnel or not-for-profit organizations not associated with
8 the school district to train or assist council members. If
9 training or assistance is provided by contract with personnel
10 or organizations not associated with the school district, the
11 period of training or assistance shall not exceed 30 hours
12 during a given school year; person shall not be employed on a
13 continuous basis longer than said period and shall not have
14 been employed by the Chicago Board of Education within the
15 preceding six months. Council members shall receive training
16 in at least the following areas:
17 1. school budgets;
18 2. educational theory pertinent to the attendance
19 center's particular needs, including the development of
20 the school improvement plan and the principal's
21 performance contract; and
22 3. personnel selection.
23 Council members shall, to the greatest extent possible,
24 complete such training within 90 days of election.
25 11. In accordance with systemwide guidelines contained
26 in the System-Wide Educational Reform Goals and Objectives
27 Plan, criteria for evaluation of performance shall be
28 established for local school councils and local school
29 council members. If a local school council persists in
30 noncompliance with systemwide requirements, the Board may
31 impose sanctions and take necessary corrective action,
32 consistent with Section 34-8.3.
33 12. Each local school council shall comply with the Open
34 Meetings Act and the Freedom of Information Act. Each local
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1 school council shall issue and transmit to its school
2 community a detailed annual report accounting for its
3 activities programmatically and financially. Each local
4 school council shall convene at least 2 well-publicized
5 meetings annually with its entire school community. These
6 meetings shall include presentation of the proposed local
7 school improvement plan, of the proposed school expenditure
8 plan, and the annual report, and shall provide an opportunity
9 for public comment.
10 13. Each local school council is encouraged to involve
11 additional non-voting members of the school community in
12 facilitating the council's exercise of its responsibilities.
13 14. The local school council may adopt a school uniform
14 or dress code policy that governs the attendance center and
15 that is necessary to maintain the orderly process of a school
16 function or prevent endangerment of student health or safety,
17 consistent with the policies and rules of the Board of
18 Education. A school uniform or dress code policy adopted by a
19 local school council: (i) shall not be applied in such manner
20 as to discipline or deny attendance to a transfer student or
21 any other student for noncompliance with that policy during
22 such period of time as is reasonably necessary to enable the
23 student to acquire a school uniform or otherwise comply with
24 the dress code policy that is in effect at the attendance
25 center into which the student's enrollment is transferred;
26 and (ii) shall include criteria and procedures under which
27 the local school council will accommodate the needs of or
28 otherwise provide appropriate resources to assist a student
29 from an indigent family in complying with an applicable
30 school uniform or dress code policy. A student whose parents
31 or legal guardians object on religious grounds to the
32 student's compliance with an applicable school uniform or
33 dress code policy shall not be required to comply with that
34 policy if the student's parents or legal guardians present to
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1 the local school council a signed statement of objection
2 detailing the grounds for the objection.
3 15. All decisions made and actions taken by the local
4 school council in the exercise of its powers and duties shall
5 comply with State and federal laws, all applicable collective
6 bargaining agreements, court orders and rules properly
7 promulgated by the Board.
8 15a. To grant, in accordance with board rules and
9 policies, the use of assembly halls and classrooms when not
10 otherwise needed, including lighting, heat, and attendants,
11 for public lectures, concerts, and other educational and
12 social activities.
13 15b. To approve, in accordance with board rules and
14 policies, receipts and expenditures for all internal accounts
15 of the attendance center, and to approve all fund-raising
16 activities by nonschool organizations that use the school
17 building.
18 16. (Blank).
19 17. Names and addresses of local school council members
20 shall be a matter of public record.
21 (Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
22 eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
23 revised 9-9-96.)
24 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
25 Sec. 34-8.1. Principals. Principals shall be employed to
26 supervise the operation of each attendance center. However,
27 if an attendance center includes an annex building that is
28 separate from the main school building but that is used as a
29 regular school building for the instruction of pupils of the
30 attendance center, one principal shall be employed to
31 exercise primary supervision and control over the main school
32 building and another principal shall be employed to exercise
33 primary supervision and control over the annex school
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1 building. A principal's Their powers and duties shall
2 include but not be limited to the authority (i) to direct,
3 supervise, evaluate, and suspend with or without pay or
4 otherwise discipline all teachers, assistant principals, and
5 other employees assigned to the attendance center in
6 accordance with board rules and policies and (ii) to direct
7 all other persons assigned to the attendance center pursuant
8 to a contract with a third party to provide services to the
9 school system. However, if an attendance center includes an
10 annex building for which an additional principal must be
11 employed as provided in this Section, the principal employed
12 and assigned to the main school building and the principal
13 assigned to the annex school building shall each be solely
14 responsible, independent of the other principal, for (i) the
15 planning, operation, evaluation, direction, and supervision
16 of the educational program at the annex school building or
17 main school building to which he or she is assigned as
18 principal, and (ii) the direction, supervision, evaluation
19 and discipline of of all teachers, assistant principals, and
20 other employees while they are at work in that school
21 building and for the direction of all other persons working
22 in that school building pursuant to a contract with a third
23 party to provide services to the school system. The right to
24 employ, discharge, and layoff shall be vested solely with the
25 board. A The principal shall fill positions by appointment
26 as provided in this Section and may make recommendations to
27 the board regarding the employment, discharge, or layoff of
28 any individual. The authority of a the principal shall
29 include the authority to direct the hours during which the
30 attendance center or the school building of the attendance
31 center under the principal's primary supervision and control
32 shall be open and available for use provided the use complies
33 with board rules and policies, to determine when and what
34 operations shall be conducted within those hours, and to
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1 schedule staff within those hours. Under the direction of,
2 and subject to the authority of a the principal, the Engineer
3 In Charge shall be accountable for the safe, economical
4 operation of the plant and grounds and shall also be
5 responsible for orientation, training, and supervising the
6 work of Engineers, Trainees, school maintenance assistants,
7 custodial workers and other plant operation employees under
8 his or her direction.
9 There shall be established by the board a system of
10 semi-annual evaluations conducted by the principal or
11 principals as to performance of the engineer in charge.
12 Nothing in this Section shall prevent a the principal from
13 conducting additional evaluations. An overall numerical
14 rating shall be given by the principal or principals based on
15 the evaluation conducted by the principal or principals. An
16 unsatisfactory numerical rating shall result in disciplinary
17 action, which may include, without limitation and in the
18 judgment of a the principal, loss of promotion or bidding
19 procedure, reprimand, suspension with or without pay, or
20 recommended dismissal. The board shall establish procedures
21 for conducting the evaluation and reporting the results to
22 the engineer in charge.
23 Under the direction of, and subject to the authority of,
24 a the principal, the Food Service Manager is responsible at
25 all times for the proper operation and maintenance of the
26 lunch room to which he is assigned and shall also be
27 responsible for the orientation, training, and supervising
28 the work of cooks, bakers, porters, and lunchroom attendants
29 under his or her direction.
30 There shall be established by the Board a system of
31 semi-annual evaluations conducted by the principal or
32 principals as to the performance of the food service manager.
33 Nothing in this Section shall prevent a the principal from
34 conducting additional evaluations. An overall numerical
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1 rating shall be given by the principal or principals based on
2 the evaluation conducted by the principal or principals. An
3 unsatisfactory numerical rating shall result in disciplinary
4 action which may include, without limitation and in the
5 judgment of a the principal, loss of promotion or bidding
6 procedure, reprimand, suspension with or without pay, or
7 recommended dismissal. The board shall establish rules for
8 conducting the evaluation and reporting the results to the
9 food service manager.
10 Nothing in this Section shall be interpreted to require
11 the employment or assignment of an Engineer-In-Charge or a
12 Food Service Manager for each attendance center.
13 A principal Principals shall be employed to supervise the
14 educational operation of each attendance center, except that
15 if an attendance center includes an annex building that is
16 separate from the main school building but that is used as a
17 regular school building for the instruction of pupils of the
18 attendance center, one principal shall be employed to
19 supervise the educational operation at the main school
20 building and the other principal shall be employed to
21 supervise the educational operation at the annex school
22 building. If a principal is absent due to extended illness or
23 leave or absence, an assistant principal may be assigned as
24 acting principal for a period not to exceed 100 school days.
25 Each principal shall assume administrative responsibility and
26 instructional leadership, in accordance with reasonable
27 rules and regulations of the board, for the planning,
28 operation and evaluation of the educational program of the
29 attendance center or particular school building to which he
30 is assigned. A The principal shall submit recommendations to
31 the general superintendent concerning the appointment,
32 dismissal, retention, promotion, and assignment of all
33 personnel assigned to the attendance center; provided, that
34 from and after September 1, 1989: (i) if any vacancy occurs
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1 in a position at the attendance center or if an additional or
2 new position is created at the attendance center, that
3 position shall be filled by appointment made by a the
4 principal in accordance with procedures established and
5 provided by the Board whenever the majority of the duties
6 included in that position are to be performed at the
7 attendance center or at a school building of the attendance
8 center which is under the principal's primary supervision and
9 control, and each such appointment so made by that the
10 principal shall be made and based upon merit and ability to
11 perform in that position without regard to seniority or
12 length of service, provided, that such appointments shall be
13 subject to the Board's desegregation obligations, including
14 but not limited to the Consent Decree and Desegregation Plan
15 in U.S. v. Chicago Board of Education; (ii) a the principal
16 shall submit recommendations based upon merit and ability to
17 perform in the particular position, without regard to
18 seniority or length of service, to the general superintendent
19 concerning the appointment of any teacher, teacher aide,
20 counselor, clerk, hall guard, security guard and any other
21 personnel which is to be made by the general superintendent
22 whenever less than a majority of the duties of that teacher,
23 teacher aide, counselor, clerk, hall guard, and security
24 guard and any other personnel are to be performed at the
25 attendance center or at a school building of the attendance
26 center which is under the principal's supervision; and (iii)
27 subject to law and the applicable collective bargaining
28 agreements, the authority and responsibilities of a principal
29 with respect to the evaluation of all teachers and other
30 personnel assigned to an attendance center shall commence
31 immediately upon his or her appointment as principal at of
32 the attendance center, without regard to the length of time
33 that he or she has been the principal at of that attendance
34 center.
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1 Notwithstanding the existence of any other law of this
2 State, nothing in this Act shall prevent the board from
3 entering into a contract with a third party for services
4 currently performed by any employee or bargaining unit
5 member.
6 Notwithstanding any other provision of this Article, each
7 principal may approve contracts, binding on the board, in the
8 amount of no more than $10,000, if the contract is endorsed
9 by the Local School Council.
10 Unless otherwise prohibited by law or by rule of the
11 board, each the principal shall provide to local school
12 council members copies of all internal audits and any other
13 pertinent information generated by any audits or reviews of
14 the programs and operation of the attendance center.
15 Each principal shall hold a valid administrative
16 certificate issued or exchanged in accordance with Article 21
17 and endorsed as required by that Article for the position of
18 principal. The board may establish or impose academic,
19 educational, examination, and experience requirements and
20 criteria that are in addition to those established and
21 required by Article 21 for issuance of a valid certificate
22 endorsed for the position of principal as a condition of the
23 nomination, selection, appointment, employment, or continued
24 employment of a person as principal at of any attendance
25 center, or as a condition of the renewal of any principal's
26 performance contract.
27 The board shall specify in its formal job description for
28 principals, and from and after July 1, 1990 shall specify in
29 the 4 year performance contracts for use with respect to all
30 principals, that his or her primary responsibility is in the
31 improvement of instruction. A majority of the time spent by
32 a principal shall be spent on curriculum and staff
33 development through both formal and informal activities,
34 establishing clear lines of communication regarding school
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1 goals, accomplishments, practices and policies with parents
2 and teachers. The principal or principals at an attendance
3 center, with the assistance of the local school council,
4 shall develop a school improvement plan as provided in
5 Section 34-2.4 and, upon approval of the plan by the local
6 school council, shall be responsible for directing
7 implementation of the plan. The principal or principals at an
8 attendance center, with the assistance of the Professional
9 Personnel Advisory Committee, shall develop the specific
10 methods and contents of the school's curriculum within the
11 board's system-wide curriculum standards and objectives and
12 the requirements of the school improvement plan. The board
13 shall ensure that all principals are evaluated on their
14 instructional leadership ability and their ability to
15 maintain a positive education and learning climate. It shall
16 also be the responsibility of a the principal to utilize
17 resources of proper law enforcement agencies when the safety
18 and welfare of students and teachers are threatened by
19 illegal use of drugs and alcohol, by illegal use or
20 possession of weapons, or by illegal gang activity.
21 On or before October 1, 1989, the Board of Education, in
22 consultation with any professional organization representing
23 principals in the district, shall promulgate rules and
24 implement a lottery for the purpose of determining whether a
25 principal's existing performance contract (including the
26 performance contract applicable to any principal's position
27 in which a vacancy then exists) expires on June 30, 1990 or
28 on June 30, 1991, and whether the ensuing 4 year performance
29 contract begins on July 1, 1990 or July 1, 1991. The Board of
30 Education shall establish and conduct the lottery in such
31 manner that of all the performance contracts of principals
32 (including the performance contracts applicable to all
33 principal positions in which a vacancy then exists), 50% of
34 such contracts shall expire on June 30, 1990, and 50% shall
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1 expire on June 30, 1991. All persons serving as principal on
2 May 1, 1989, and all persons appointed as principal after May
3 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
4 manner other than as provided by Section 34-2.3, shall be
5 deemed by operation of law to be serving under a performance
6 contract which expires on June 30, 1990 or June 30, 1991; and
7 unless such performance contract of any such principal is
8 renewed (or such person is again appointed to serve as
9 principal) in the manner provided by Section 34-2.2 or
10 34-2.3, the employment of such person as principal shall
11 terminate on June 30, 1990 or June 30, 1991.
12 Commencing on July 1, 1990, or on July 1, 1991, and
13 thereafter, the principal or principals at of each attendance
14 center shall be the person selected in the manner provided by
15 Section 34-2.3 to serve as a principal at of that attendance
16 center under a 4 year performance contract. All performance
17 contracts of principals expiring after July 1, 1990, or July
18 1, 1991, shall commence on the date specified in the
19 contract, and the renewal of their performance contracts and
20 the appointment of principals when their performance
21 contracts are not renewed shall be governed by Sections
22 34-2.2 and 34-2.3. Whenever a vacancy in the office of a
23 principal occurs for any reason, the vacancy shall be filled
24 by the selection of a new principal to serve under a 4 year
25 performance contract in the manner provided by Section
26 34-2.3.
27 The board of education shall develop and prepare, in
28 consultation with the organization representing principals, a
29 4 year performance contract for use at all attendance
30 centers, and shall furnish the same to each local school
31 council. The performance contract of each principal shall
32 consist of the uniform performance contract, as developed or
33 from time to time modified by the board, and such additional
34 criteria as are established by a local school council
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1 pursuant to Section 34-2.3 for the performance contract of
2 its principal.
3 During the term of his or her performance contract, a
4 principal may be removed only as provided for in the
5 performance contract except for cause. He or she shall also
6 be obliged to follow the rules of the board of education
7 concerning conduct and efficiency.
8 In the event the performance contract of a principal is
9 not renewed or a principal is not reappointed as principal
10 under a new performance contract, or in the event a principal
11 is appointed to any position of superintendent or higher
12 position, or voluntarily resigns his position of principal,
13 his or her employment as a principal shall terminate and such
14 former principal shall not be reinstated to the position from
15 which he or she was promoted to principal, except that he or
16 she, if otherwise qualified and certified in accordance with
17 Article 21, shall be placed by the board on appropriate
18 eligibility lists which it prepares for use in the filling of
19 vacant or additional or newly created positions for teachers.
20 The principal's total years of service to the board as both a
21 teacher and a principal, or in other professional capacities,
22 shall be used in calculating years of experience for purposes
23 of being selected as a teacher into new, additional or vacant
24 positions.
25 In the event the performance contract of a principal is
26 not renewed or a principal is not reappointed as principal
27 under a new performance contract, such principal shall be
28 eligible to continue to receive his or her previously
29 provided level of health insurance benefits for a period of
30 90 days following the non-renewal of the contract at no
31 expense to the principal, provided that such principal has
32 not retired.
33 (Source: P.A. 88-45; 88-85; 88-511; 88-670, eff. 12-2-94;
34 88-686, eff. 1-24-95; 89-15, eff. 5-30-95; 89-636, eff.
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1 8-9-96.)