Public Act 093-0048
Public Act 93-0048 of the 93rd General Assembly
Public Act 93-0048
HB1235 Enrolled LRB093 06325 NHT 06444 b
AN ACT in relation to schools.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 34-2.3, 34-2.4, 34-2.4a, and 34-8.1 as follows:
(105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
Sec. 34-2.3. Local school councils - Powers and duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
1. (A) To annually evaluate the performance of the
principal of the attendance center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan, (ii) student absenteeism rates at the
school, (iii) instructional leadership, (iv) the effective
implementation of programs, policies, or strategies to
improve student academic achievement, (v) school management,
and (vi) any other factors deemed relevant by the local
school council, including, without limitation, the
principal's communication skills and ability to create and
maintain a student-centered learning environment, to develop
opportunities for professional development, and to encourage
parental involvement and community partnerships to achieve
school improvement;
(B) to determine in the manner provided by subsection
(c) of Section 34-2.2 and subdivision 1.5 of this Section
whether the performance contract of the principal shall be
renewed; and
(C) to directly select, in the manner provided by
subsection (c) of Section 34-2.2, a new principal (including
a new principal to fill a vacancy) -- without submitting any
list of candidates for that position to the general
superintendent as provided in paragraph 2 of this Section --
to serve under a 4 year performance contract; provided that
(i) the determination of whether the principal's performance
contract is to be renewed, based upon the evaluation required
by subdivision 1.5 of this Section, shall be made no later
than 150 days prior to the expiration of the current
performance-based contract of the principal, (ii) in cases
where such performance contract is not renewed -- a direct
selection of a new principal -- to serve under a 4 year
performance contract shall be made by the local school
council no later than 45 days prior to the expiration of the
current performance contract of the principal, and (iii) a
selection by the local school council of a new principal to
fill a vacancy under a 4 year performance contract shall be
made within 90 days after the date such vacancy occurs. A
Council shall be required, if requested by the principal, to
provide in writing the reasons for the council's not renewing
the principal's contract.
1.5. The local school council's determination of whether
to renew the principal's contract shall be based on an
evaluation to assess the educational and administrative
progress made at the school during the principal's current
performance-based contract. The local school council shall
base its evaluation on (i) student academic improvement, as
defined by the school improvement plan, (ii) student
absenteeism rates at the school, (iii) instructional
leadership, (iv) the effective implementation of programs,
policies, or strategies to improve student academic
achievement, (v) school management, and (vi) any other
factors deemed relevant by the local school council,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement. If a local school council fails to renew the
performance contract of a principal rated by the general
superintendent, or his or her designee, in the previous
years' evaluations as meeting or exceeding expectations, the
principal, within 15 days after the local school council's
decision not to renew the contract, may request a review of
the local school council's principal non-retention decision
by a hearing officer appointed by the American Arbitration
Association. A local school council member or members or the
general superintendent may support the principal's request
for review. During the period of the hearing officer's review
of the local school council's decision on whether or not to
retain the principal, the local school council shall maintain
all authority to search for and contract with a person to
serve as interim or acting principal, or as the principal of
the attendance center under a 4-year performance contract,
provided that any performance contract entered into by the
local school council shall be voidable or modified in
accordance with the decision of the hearing officer. The
principal may request review only once while at that
attendance center. If a local school council renews the
contract of a principal who failed to obtain a rating of
"meets" or "exceeds expectations" in the general
superintendent's evaluation for the previous year, the
general superintendent, within 15 days after the local school
council's decision to renew the contract, may request a
review of the local school council's principal retention
decision by a hearing officer appointed by the American
Arbitration Association. The general superintendent may
request a review only once for that principal at that
attendance center. All requests to review the retention or
non-retention of a principal shall be submitted to the
general superintendent, who shall, in turn, forward such
requests, within 14 days of receipt, to the American
Arbitration Association. The general superintendent shall
send a contemporaneous copy of the request that was forwarded
to the American Arbitration Association to the principal and
to each local school council member and shall inform the
local school council of its rights and responsibilities under
the arbitration process, including the local school council's
right to representation and the manner and process by which
the Board shall pay the costs of the council's
representation. If the local school council retains the
principal and the general superintendent requests a review of
the retention decision, the local school council and the
general superintendent shall be considered parties to the
arbitration, a hearing officer shall be chosen between those
2 parties pursuant to procedures promulgated by the State
Board of Education, and the principal may retain counsel and
participate in the arbitration. If the local school council
does not retain the principal and the principal requests a
review of the retention decision, the local school council
and the principal shall be considered parties to the
arbitration and a hearing officer shall be chosen between
those 2 parties pursuant to procedures promulgated by the
State Board of Education. The hearing shall begin (i) within
45 days after the initial request for review is submitted by
the principal to the general superintendent or (ii) if the
initial request for review is made by the general
superintendent, within 45 days after that request is mailed
to the American Arbitration Association. The hearing officer
shall render a decision within 45 days after the hearing
begins and within 90 days after the initial request for
review. The Board shall contract with the American
Arbitration Association for all of the hearing officer's
reasonable and necessary costs. In addition, the Board shall
pay any reasonable costs incurred by a local school council
for representation before a hearing officer.
1.10. The hearing officer shall conduct a hearing, which
shall include (i) a review of the principal's performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested persons, including, without limitation, students,
parents, local school council members, school faculty and
staff, the principal, the general superintendent or his or
her designee, and members of the community. The burden of
proof in establishing that the local school council's
decision was arbitrary and capricious shall be on the party
requesting the arbitration, and this party shall sustain the
burden by a preponderance of the evidence. The hearing
officer shall set the local school council decision aside if
that decision, in light of the record developed at the
hearing, is arbitrary and capricious. The decision of the
hearing officer may not be appealed to the Board or the State
Board of Education. If the hearing officer decides that the
principal shall be retained, the retention period shall not
exceed 2 years.
2. In the event (i) the local school council does not
renew the performance contract of the principal, or the
principal fails to receive a satisfactory rating as provided
in subsection (h) of Section 34-8.3, or the principal is
removed for cause during the term of his or her performance
contract in the manner provided by Section 34-85, or a
vacancy in the position of principal otherwise occurs prior
to the expiration of the term of a principal's performance
contract, and (ii) the local school council fails to directly
select a new principal to serve under a 4 year performance
contract, the local school council in such event shall submit
to the general superintendent a list of 3 candidates --
listed in the local school council's order of preference --
for the position of principal, one of which shall be selected
by the general superintendent to serve as principal of the
attendance center. If the general superintendent fails or
refuses to select one of the candidates on the list to serve
as principal within 30 days after being furnished with the
candidate list, the general superintendent shall select and
place a principal on an interim basis (i) for a period not to
exceed one year or (ii) until the local school council
selects a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2, whichever occurs first.
If the local school council fails or refuses to select and
appoint a new principal, as specified by subsection (c) of
Section 34-2.2, the general superintendent may select and
appoint a new principal on an interim basis for an additional
year or until a new contract principal is selected by the
local school council. There shall be no discrimination on
the basis of race, sex, creed, color or disability unrelated
to ability to perform in connection with the submission of
candidates for, and the selection of a candidate to serve as
principal of an attendance center. No person shall be
directly selected, listed as a candidate for, or selected to
serve as principal of an attendance center (i) if such person
has been removed for cause from employment by the Board or
(ii) if such person does not hold a valid administrative
certificate issued or exchanged under Article 21 and endorsed
as required by that Article for the position of principal. A
principal whose performance contract is not renewed as
provided under subsection (c) of Section 34-2.2 may
nevertheless, if otherwise qualified and certified as herein
provided and if he or she has received a satisfactory rating
as provided in subsection (h) of Section 34-8.3, be included
by a local school council as one of the 3 candidates listed
in order of preference on any candidate list from which one
person is to be selected to serve as principal of the
attendance center under a new performance contract. The
initial candidate list required to be submitted by a local
school council to the general superintendent in cases where
the local school council does not renew the performance
contract of its principal and does not directly select a new
principal to serve under a 4 year performance contract shall
be submitted not later than 30 days prior to the expiration
of the current performance contract. In cases where the
local school council fails or refuses to submit the candidate
list to the general superintendent no later than 30 days
prior to the expiration of the incumbent principal's
contract, the general superintendent may appoint a principal
on an interim basis for a period not to exceed one year,
during which time the local school council shall be able to
select a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2. In cases where a
principal is removed for cause or a vacancy otherwise occurs
in the position of principal and the vacancy is not filled by
direct selection by the local school council, the candidate
list shall be submitted by the local school council to the
general superintendent within 90 days after the date such
removal or vacancy occurs. In cases where the local school
council fails or refuses to submit the candidate list to the
general superintendent within 90 days after the date of the
vacancy, the general superintendent may appoint a principal
on an interim basis for a period of one year, during which
time the local school council shall be able to select a new
principal with 7 affirmative votes as provided in subsection
(c) of Section 34-2.2.
2.5. Whenever a vacancy in the office of a principal
occurs for any reason, the vacancy shall be filled in the
manner provided by this Section by the selection of a new
principal to serve under a 4 year performance contract.
3. To establish additional criteria to be included as
part of the performance contract of its principal, provided
that such additional criteria shall not discriminate on the
basis of race, sex, creed, color or disability unrelated to
ability to perform, and shall not be inconsistent with the
uniform 4 year performance contract for principals developed
by the board as provided in Section 34-8.1 of the School Code
or with other provisions of this Article governing the
authority and responsibility of principals.
4. To approve the expenditure plan prepared by the
principal with respect to all funds allocated and distributed
to the attendance center by the Board. The expenditure plan
shall be administered by the principal. Notwithstanding any
other provision of this Act or any other law, any expenditure
plan approved and administered under this Section 34-2.3
shall be consistent with and subject to the terms of any
contract for services with a third party entered into by the
Chicago School Reform Board of Trustees or the board under
this Act.
Via a supermajority vote of 7 members of the local school
council or 8 members of a high school local school council,
the Council may transfer allocations pursuant to Section
34-2.3 within funds; provided that such a transfer is
consistent with applicable law and collective bargaining
agreements.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, the Board may reserve up to 1% of its total
fiscal year budget for distribution on a prioritized basis to
schools throughout the school system in order to assure
adequate programs to meet the needs of special student
populations as determined by the Board. This distribution
shall take into account the needs catalogued in the
Systemwide Plan and the various local school improvement
plans of the local school councils. Information about these
centrally funded programs shall be distributed to the local
school councils so that their subsequent planning and
programming will account for these provisions.
Beginning in fiscal year 1991 and in each fiscal year
thereafter, from other amounts available in the applicable
fiscal year budget, the board shall allocate a lump sum
amount to each local school based upon such formula as the
board shall determine taking into account the special needs
of the student body. The local school principal shall
develop an expenditure plan in consultation with the local
school council, the professional personnel leadership
advisory committee and with all other school personnel, which
reflects the priorities and activities as described in the
school's local school improvement plan and is consistent with
applicable law and collective bargaining agreements and with
board policies and standards; however, the local school
council shall have the right to request waivers of board
policy from the board of education and waivers of employee
collective bargaining agreements pursuant to Section 34-8.1a.
The expenditure plan developed by the principal with
respect to amounts available from the fund for prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
The lump sum allocation shall take into account the
following principles:
a. Teachers: Each school shall be allocated funds
equal to the amount appropriated in the previous school
year for compensation for teachers (regular grades
kindergarten through 12th grade) plus whatever increases
in compensation have been negotiated contractually or
through longevity as provided in the negotiated
agreement. Adjustments shall be made due to layoff or
reduction in force, lack of funds or work, change in
subject requirements, enrollment changes, or contracts
with third parties for the performance of services or to
rectify any inconsistencies with system-wide allocation
formulas or for other legitimate reasons.
b. Other personnel: Funds for other teacher
certificated and uncertificated personnel paid through
non-categorical funds shall be provided according to
system-wide formulas based on student enrollment and the
special needs of the school as determined by the Board.
c. Non-compensation items: Appropriations for all
non-compensation items shall be based on system-wide
formulas based on student enrollment and on the special
needs of the school or factors related to the physical
plant, including but not limited to textbooks, supplies,
electricity, equipment, and routine maintenance.
d. Funds for categorical programs: Schools shall
receive personnel and funds based on, and shall use such
personnel and funds in accordance with State and Federal
requirements applicable to each categorical program
provided to meet the special needs of the student body
(including but not limited to, Federal Chapter I,
Bilingual, and Special Education).
d.1. Funds for State Title I: Each school shall
receive funds based on State and Board requirements
applicable to each State Title I pupil provided to meet
the special needs of the student body. Each school shall
receive the proportion of funds as provided in Section
18-8 to which they are entitled. These funds shall be
spent only with the budgetary approval of the Local
School Council as provided in Section 34-2.3.
e. The Local School Council shall have the right to
request the principal to close positions and open new
ones consistent with the provisions of the local school
improvement plan provided that these decisions are
consistent with applicable law and collective bargaining
agreements. If a position is closed, pursuant to this
paragraph, the local school shall have for its use the
system-wide average compensation for the closed position.
f. Operating within existing laws and collective
bargaining agreements, the local school council shall
have the right to direct the principal to shift
expenditures within funds.
g. (Blank).
Any funds unexpended at the end of the fiscal year shall
be available to the board of education for use as part of its
budget for the following fiscal year.
5. To make recommendations to the principal concerning
textbook selection and concerning curriculum developed
pursuant to the school improvement plan which is consistent
with systemwide curriculum objectives in accordance with
Sections 34-8 and 34-18 of the School Code and in conformity
with the collective bargaining agreement.
6. To advise the principal concerning the attendance and
disciplinary policies for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system of discipline established by the
board pursuant to Section 34-19.
7. To approve a school improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development shall be publicized to the entire school
community, and the community shall be afforded the
opportunity to make recommendations concerning the plan. At
least twice a year the principal and local school council
shall report publicly on progress and problems with respect
to plan implementation.
8. To evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether such allocation is consistent
with and in furtherance of instructional objectives and
school programs reflective of the school improvement plan
adopted for the attendance center; and to make
recommendations to the board, the general superintendent and
the principal concerning any reallocation of teaching
resources or other staff whenever the council determines that
any such reallocation is appropriate because the
qualifications of any existing staff at the attendance center
do not adequately match or support instructional objectives
or school programs which reflect the school improvement plan.
9. To make recommendations to the principal and the
general superintendent concerning their respective
appointments, after August 31, 1989, and in the manner
provided by Section 34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly created positions for
teachers at the attendance center or at attendance centers
which include the attendance center served by the local
school council.
10. To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant to Board guidelines a local school council is
authorized to direct the Board of Education to contract with
personnel or not-for-profit organizations not associated with
the school district to train or assist council members. If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not exceed 30 hours
during a given school year; person shall not be employed on a
continuous basis longer than said period and shall not have
been employed by the Chicago Board of Education within the
preceding six months. Council members shall receive training
in at least the following areas:
1. school budgets;
2. educational theory pertinent to the attendance
center's particular needs, including the development of
the school improvement plan and the principal's
performance contract; and
3. personnel selection.
Council members shall, to the greatest extent possible,
complete such training within 90 days of election.
11. In accordance with systemwide guidelines contained
in the System-Wide Educational Reform Goals and Objectives
Plan, criteria for evaluation of performance shall be
established for local school councils and local school
council members. If a local school council persists in
noncompliance with systemwide requirements, the Board may
impose sanctions and take necessary corrective action,
consistent with Section 34-8.3.
12. Each local school council shall comply with the Open
Meetings Act and the Freedom of Information Act. Each local
school council shall issue and transmit to its school
community a detailed annual report accounting for its
activities programmatically and financially. Each local
school council shall convene at least 2 well-publicized
meetings annually with its entire school community. These
meetings shall include presentation of the proposed local
school improvement plan, of the proposed school expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
13. Each local school council is encouraged to involve
additional non-voting members of the school community in
facilitating the council's exercise of its responsibilities.
14. The local school council may adopt a school uniform
or dress code policy that governs the attendance center and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent with the policies and rules of the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student or
any other student for noncompliance with that policy during
such period of time as is reasonably necessary to enable the
student to acquire a school uniform or otherwise comply with
the dress code policy that is in effect at the attendance
center into which the student's enrollment is transferred;
and (ii) shall include criteria and procedures under which
the local school council will accommodate the needs of or
otherwise provide appropriate resources to assist a student
from an indigent family in complying with an applicable
school uniform or dress code policy. A student whose parents
or legal guardians object on religious grounds to the
student's compliance with an applicable school uniform or
dress code policy shall not be required to comply with that
policy if the student's parents or legal guardians present to
the local school council a signed statement of objection
detailing the grounds for the objection.
15. All decisions made and actions taken by the local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining agreements, court orders and rules properly
promulgated by the Board.
15a. To grant, in accordance with board rules and
policies, the use of assembly halls and classrooms when not
otherwise needed, including lighting, heat, and attendants,
for public lectures, concerts, and other educational and
social activities.
15b. To approve, in accordance with board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and to approve all fund-raising
activities by nonschool organizations that use the school
building.
16. (Blank).
17. Names and addresses of local school council members
shall be a matter of public record.
(Source: P.A. 90-14, eff. 7-1-97; 91-622, eff. 8-19-99;
91-728, eff. 6-2-00.)
(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3 year local
school improvement plan shall be developed and implemented at
each attendance center. This plan shall reflect the
overriding purpose of the attendance center to improve
educational quality. The local school principal shall develop
a school improvement plan in consultation with the local
school council, all categories of school staff, parents and
community residents. Once the plan is developed, reviewed by
the professional personnel leadership committee, and approved
by and after the local school council has approved the same,
the principal shall be responsible for directing
implementation of the plan, and the local school council
shall monitor its implementation. After the termination of
the initial 3 year plan, a new 3 year plan shall be developed
and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve
priority goals including but not limited to:
(a) assuring that students show significant
progress toward meeting and exceeding State performance
standards in State mandated learning areas, including the
mastery of higher order thinking skills in these areas;
(b) assuring that students attend school regularly
and graduate from school at such rates that the district
average equals or surpasses national norms;
(c) assuring that students are adequately prepared
for and aided in making a successful transition to
further education and life experience;
(d) assuring that students are adequately prepared
for and aided in making a successful transition to
employment; and
(e) assuring that students are, to the maximum
extent possible, provided with a common learning
experience that is of high academic quality and that
reflects high expectations for all students' capacities
to learn.
With respect to these priority goals, the school
improvement plan shall include but not be limited to the
following:
(a) an analysis of data collected in the attendance
center and community indicating the specific strengths
and weaknesses of the attendance center in light of the
goals specified above, including data and analysis
specified by the State Board of Education pertaining to
specific measurable outcomes for student performance, the
attendance centers, and their instructional programs;
(b) a description of specific annual objectives the
attendance center will pursue in achieving the goals
specified above;
(c) a description of the specific activities the
attendance center will undertake to achieve its
objectives;
(d) an analysis of the attendance center's staffing
pattern and material resources, and an explanation of how
the attendance center's planned staffing pattern, the
deployment of staff, and the use of material resources
furthers the objectives of the plan;
(e) a description of the key assumptions and
directions of the school's curriculum and the academic
and non-academic programs of the attendance center, and
an explanation of how this curriculum and these programs
further the goals and objectives of the plan;
(f) a description of the steps that will be taken
to enhance educational opportunities for all students,
regardless of gender, including limited English
proficient students, disabled students, low-income
students and minority students;
(g) a description of any steps which may be taken
by the attendance center to educate parents as to how
they can assist children at home in preparing their
children to learn effectively;
(h) a description of the steps the attendance
center will take to coordinate its efforts with, and to
gain the participation and support of, community
residents, business organizations, and other local
institutions and individuals;
(i) a description of any staff development program
for all school staff and volunteers tied to the priority
goals, objectives, and activities specified in the plan;
(j) a description of the steps the local school
council will undertake to monitor implementation of the
plan on an ongoing basis;
(k) a description of the steps the attendance
center will take to ensure that teachers have working
conditions that provide a professional environment
conducive to fulfilling their responsibilities;
(l) a description of the steps the attendance
center will take to ensure teachers the time and
opportunity to incorporate new ideas and techniques, both
in subject matter and teaching skills, into their own
work;
(m) a description of the steps the attendance
center will take to encourage pride and positive
identification with the attendance center through various
athletic activities; and
(n) a description of the student need for and
provision of services to special populations, beyond the
standard school programs provided for students in grades
K through 12 and those enumerated in the categorical
programs cited in item d of part 4 of Section 34-2.3,
including financial costs of providing same and a
timeline for implementing the necessary services,
including but not limited, when applicable, to ensuring
the provisions of educational services to all eligible
children aged 4 years for the 1990-91 school year and
thereafter, reducing class size to State averages in
grades K-3 for the 1991-92 school year and thereafter and
in all grades for the 1993-94 school year and thereafter,
and providing sufficient staff and facility resources for
students not served in the regular classroom setting.
Based on the analysis of data collected indicating
specific strengths and weaknesses of the attendance center,
the school improvement plan may place greater emphasis from
year to year on particular priority goals, objectives, and
activities.
(Source: P.A. 88-686, eff. 1-24-95.)
(105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
Sec. 34-2.4a. Professional personnel leadership advisory
committee.
(a) At each attendance center operated pursuant to this
Article, a professional personnel leadership advisory
committee consisting of (i) up to 7 members elected each
school year who are certified classroom teachers or and other
certificated personnel, who are employed at the attendance
center, and who desire to be members of the committee and
(ii) the 2 teacher members of the local school council. The
teacher members of the local school council shall serve as
co-chairs of the committee, or one teacher member of the
local school council chosen by the committee shall serve as
chair of the committee. The size of the committee shall be
determined by the certified classroom teachers and other
certificated personnel at the attendance center, including
the principal.
(b) The purpose of the committee is to develop and
formally present recommendations to shall be elected each
school year for the purpose of advising the principal and the
local school council on all matters of educational program,
including but not limited to curriculum, and school
improvement plan development and implementation, and school
budgeting.
(c) For the elected committee members, the principal
shall convene a publicized meeting of all certified classroom
teachers and other certificated personnel, at which meeting
those certified classroom teachers and other certificated
personnel present, excluding the principal, shall elect
members teachers and other certificated personnel to serve on
the committee. The total number of teachers and other
certificated personnel to be elected to serve on the
committee during the school year shall be determined by the
certified classroom teachers and other certificated personnel
present at the meeting at which the teachers and other
certificated personnel are to be elected. A staff member
eligible to vote may vote for the same number of candidates
in the election as the number of members to be elected as
many candidates as are to be elected, but votes shall not be
cumulated. Ties shall be determined by lot. Vacancies shall
be filled in like manner.
(d) All committee meetings shall be held before or after
school with no loss of instructional time. Committee members
shall receive no compensation for their activities as
committee members.
(e) In furtherance of its purpose, the committee shall
have the authority to gather information from school staff
through interviews, on noninstructional time, without the
prior approval of the principal, the local school council,
the board, the board's chief executive officer, or the chief
executive officer's administrative staff.
The committee shall meet once a month with the principal
to make recommendations to the principal regarding the
specific methods and contents of the school's curriculum and
to make other educational improvement recommendations
approved by the committee. A report from the committee
regarding these matters may be an agenda item at each regular
meeting of the local school council.
The principal shall provide the committee with the
opportunity to review and make recommendations regarding the
school improvement plan and school budget. The teacher
members of the local school council may bring motions
concerning the recommendations approved by the committee,
which motions shall formally be considered at meetings of the
local school council.
(Source: P.A. 85-1418; 86-1477.)
(105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
Sec. 34-8.1. Principals. Principals shall be employed to
supervise the operation of each attendance center. Their
powers and duties shall include but not be limited to the
authority (i) to direct, supervise, evaluate, and suspend
with or without pay or otherwise discipline all teachers,
assistant principals, and other employees assigned to the
attendance center in accordance with board rules and policies
and (ii) to direct all other persons assigned to the
attendance center pursuant to a contract with a third party
to provide services to the school system. The right to
employ, discharge, and layoff shall be vested solely with the
board. The principal shall fill positions by appointment as
provided in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff of any
individual. The authority of the principal shall include the
authority to direct the hours during which the attendance
center shall be open and available for use provided the use
complies with board rules and policies, to determine when and
what operations shall be conducted within those hours, and to
schedule staff within those hours. Under the direction of,
and subject to the authority of the principal, the Engineer
In Charge shall be accountable for the safe, economical
operation of the plant and grounds and shall also be
responsible for orientation, training, and supervising the
work of Engineers, Trainees, school maintenance assistants,
custodial workers and other plant operation employees under
his or her direction.
There shall be established by the board a system of
semi-annual evaluations conducted by the principal as to
performance of the engineer in charge. Nothing in this
Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall
be given by the principal based on the evaluation conducted
by the principal. An unsatisfactory numerical rating shall
result in disciplinary action, which may include, without
limitation and in the judgment of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay, or recommended dismissal. The board shall
establish procedures for conducting the evaluation and
reporting the results to the engineer in charge.
Under the direction of, and subject to the authority of,
the principal, the Food Service Manager is responsible at all
times for the proper operation and maintenance of the lunch
room to which he is assigned and shall also be responsible
for the orientation, training, and supervising the work of
cooks, bakers, porters, and lunchroom attendants under his or
her direction.
There shall be established by the Board a system of
semi-annual evaluations conducted by the principal as to the
performance of the food service manager. Nothing in this
Section shall prevent the principal from conducting
additional evaluations. An overall numerical rating shall be
given by the principal based on the evaluation conducted by
the principal. An unsatisfactory numerical rating shall
result in disciplinary action which may include, without
limitation and in the judgment of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay, or recommended dismissal. The board shall
establish rules for conducting the evaluation and reporting
the results to the food service manager.
Nothing in this Section shall be interpreted to require
the employment or assignment of an Engineer-In-Charge or a
Food Service Manager for each attendance center.
Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due to extended illness or leave or absence, an assistant
principal may be assigned as acting principal for a period
not to exceed 100 school days. Each principal shall assume
administrative responsibility and instructional leadership,
in accordance with reasonable rules and regulations of the
board, for the planning, operation and evaluation of the
educational program of the attendance center to which he is
assigned. The principal shall submit recommendations to the
general superintendent concerning the appointment, dismissal,
retention, promotion, and assignment of all personnel
assigned to the attendance center; provided, that from and
after September 1, 1989: (i) if any vacancy occurs in a
position at the attendance center or if an additional or new
position is created at the attendance center, that position
shall be filled by appointment made by the principal in
accordance with procedures established and provided by the
Board whenever the majority of the duties included in that
position are to be performed at the attendance center which
is under the principal's supervision, and each such
appointment so made by the principal shall be made and based
upon merit and ability to perform in that position without
regard to seniority or length of service, provided, that such
appointments shall be subject to the Board's desegregation
obligations, including but not limited to the Consent Decree
and Desegregation Plan in U.S. v. Chicago Board of Education;
(ii) the principal shall submit recommendations based upon
merit and ability to perform in the particular position,
without regard to seniority or length of service, to the
general superintendent concerning the appointment of any
teacher, teacher aide, counselor, clerk, hall guard, security
guard and any other personnel which is to be made by the
general superintendent whenever less than a majority of the
duties of that teacher, teacher aide, counselor, clerk, hall
guard, and security guard and any other personnel are to be
performed at the attendance center which is under the
principal's supervision; and (iii) subject to law and the
applicable collective bargaining agreements, the authority
and responsibilities of a principal with respect to the
evaluation of all teachers and other personnel assigned to an
attendance center shall commence immediately upon his or her
appointment as principal of the attendance center, without
regard to the length of time that he or she has been the
principal of that attendance center.
Notwithstanding the existence of any other law of this
State, nothing in this Act shall prevent the board from
entering into a contract with a third party for services
currently performed by any employee or bargaining unit
member.
Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount of no more than $10,000, if the contract is endorsed
by the Local School Council.
Unless otherwise prohibited by law or by rule of the
board, the principal shall provide to local school council
members copies of all internal audits and any other pertinent
information generated by any audits or reviews of the
programs and operation of the attendance center.
Each principal shall hold a valid administrative
certificate issued or exchanged in accordance with Article 21
and endorsed as required by that Article for the position of
principal. The board may establish or impose academic,
educational, examination, and experience requirements and
criteria that are in addition to those established and
required by Article 21 for issuance of a valid certificate
endorsed for the position of principal as a condition of the
nomination, selection, appointment, employment, or continued
employment of a person as principal of any attendance center,
or as a condition of the renewal of any principal's
performance contract.
The board shall specify in its formal job description for
principals, and from and after July 1, 1990 shall specify in
the 4 year performance contracts for use with respect to all
principals, that his or her primary responsibility is in the
improvement of instruction. A majority of the time spent by
a principal shall be spent on curriculum and staff
development through both formal and informal activities,
establishing clear lines of communication regarding school
goals, accomplishments, practices and policies with parents
and teachers. The principal, with the assistance of the
local school council, shall develop a school improvement plan
as provided in Section 34-2.4 and, upon approval of the plan
by the local school council, shall be responsible for
directing implementation of the plan. The principal, with the
assistance of the professional personnel leadership Advisory
committee, shall develop the specific methods and contents of
the school's curriculum within the board's system-wide
curriculum standards and objectives and the requirements of
the school improvement plan. The board shall ensure that all
principals are evaluated on their instructional leadership
ability and their ability to maintain a positive education
and learning climate. It shall also be the responsibility of
the principal to utilize resources of proper law enforcement
agencies when the safety and welfare of students and teachers
are threatened by illegal use of drugs and alcohol, by
illegal use or possession of weapons, or by illegal gang
activity.
On or before October 1, 1989, the Board of Education, in
consultation with any professional organization representing
principals in the district, shall promulgate rules and
implement a lottery for the purpose of determining whether a
principal's existing performance contract (including the
performance contract applicable to any principal's position
in which a vacancy then exists) expires on June 30, 1990 or
on June 30, 1991, and whether the ensuing 4 year performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education shall establish and conduct the lottery in such
manner that of all the performance contracts of principals
(including the performance contracts applicable to all
principal positions in which a vacancy then exists), 50% of
such contracts shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal on
May 1, 1989, and all persons appointed as principal after May
1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
manner other than as provided by Section 34-2.3, shall be
deemed by operation of law to be serving under a performance
contract which expires on June 30, 1990 or June 30, 1991; and
unless such performance contract of any such principal is
renewed (or such person is again appointed to serve as
principal) in the manner provided by Section 34-2.2 or
34-2.3, the employment of such person as principal shall
terminate on June 30, 1990 or June 30, 1991.
Commencing on July 1, 1990, or on July 1, 1991, and
thereafter, the principal of each attendance center shall be
the person selected in the manner provided by Section 34-2.3
to serve as principal of that attendance center under a 4
year performance contract. All performance contracts of
principals expiring after July 1, 1990, or July 1, 1991,
shall commence on the date specified in the contract, and the
renewal of their performance contracts and the appointment of
principals when their performance contracts are not renewed
shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office of a principal occurs for any reason,
the vacancy shall be filled by the selection of a new
principal to serve under a 4 year performance contract in the
manner provided by Section 34-2.3.
The board of education shall develop and prepare, in
consultation with the organization representing principals, a
performance contract for use at all attendance centers, and
shall furnish the same to each local school council. The
term of the performance contract shall be 4 years, unless the
principal is retained by the decision of a hearing officer
pursuant to subdivision 1.5 of Section 34-2.3, in which case
the contract shall be extended for 2 years. The performance
contract of each principal shall consist of the uniform
performance contract, as developed or from time to time
modified by the board, and such additional criteria as are
established by a local school council pursuant to Section
34-2.3 for the performance contract of its principal.
During the term of his or her performance contract, a
principal may be removed only as provided for in the
performance contract except for cause. He or she shall also
be obliged to follow the rules of the board of education
concerning conduct and efficiency.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, or in the event a principal
is appointed to any position of superintendent or higher
position, or voluntarily resigns his position of principal,
his or her employment as a principal shall terminate and such
former principal shall not be reinstated to the position from
which he or she was promoted to principal, except that he or
she, if otherwise qualified and certified in accordance with
Article 21, shall be placed by the board on appropriate
eligibility lists which it prepares for use in the filling of
vacant or additional or newly created positions for teachers.
The principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.
In the event the performance contract of a principal is
not renewed or a principal is not reappointed as principal
under a new performance contract, such principal shall be
eligible to continue to receive his or her previously
provided level of health insurance benefits for a period of
90 days following the non-renewal of the contract at no
expense to the principal, provided that such principal has
not retired.
(Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)
Section 99. Effective date. This Act takes effect on July
1, 2003.
Effective Date: 07/01/03
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