State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB3840eng

 
HB3840 Engrossed                               LRB9111385NTks

 1        AN ACT to amend the  School  Code  by  changing  Sections
 2    34-2.1, 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 34-2.1, 34-2.3, and 34-8.1 as follows:

 7        (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
 8        Sec.  34-2.1.   Local  School  Councils  -  Composition -
 9    Voter-Eligibility - Elections - Terms.
10        (a)  A local school council shall be established for each
11    attendance center within the  school  district.   Each  local
12    school  council  shall  consist  of  the  following 11 voting
13    members: the principal of the attendance center,  2  teachers
14    employed  and  assigned  to  perform  the  majority  of their
15    employment duties at the  attendance  center,  6  parents  of
16    students  currently  enrolled  at the attendance center and 2
17    community residents. Neither the parents  nor  the  community
18    residents  who  serve  as members of the local school council
19    shall be  employees  of  the  Board  of  Education.  In  each
20    secondary  attendance  center, the local school council shall
21    consist of  12  voting  members  --  the  11  voting  members
22    described  above  and one full-time student member, appointed
23    as provided in subsection (m) below. In the  event  that  the
24    chief executive officer of the Chicago School Reform Board of
25    Trustees  determines  that  a  local  school  council  is not
26    carrying out its  financial  duties  effectively,  the  chief
27    executive  officer  is authorized to appoint a representative
28    of the business community  with  experience  in  finance  and
29    management to serve as an advisor to the local school council
30    for  the  purpose  of  providing advice and assistance to the
31    local school council on fiscal matters.   The  advisor  shall
 
HB3840 Engrossed            -2-                LRB9111385NTks
 1    have access to relevant financial records of the local school
 2    council.   The  advisor  may  attend  executive sessions. The
 3    chief executive officer shall issue a written policy defining
 4    the circumstances under which a local school council  is  not
 5    carrying out its financial duties effectively.
 6        (b)  Within  7  days of January 11, 1991, the Mayor shall
 7    appoint the members and officers (a Chairperson who shall  be
 8    a parent member and a Secretary) of each local school council
 9    who  shall hold their offices until their successors shall be
10    elected and qualified. Members so appointed  shall  have  all
11    the  powers  and duties of local school councils as set forth
12    in this amendatory Act of  1991.   The  Mayor's  appointments
13    shall not require approval by the City Council.
14        The  membership  of  each  local  school council shall be
15    encouraged  to  be  reflective  of  the  racial  and   ethnic
16    composition  of  the  student  population  of  the attendance
17    center served by the local school council.
18        (c)  Beginning with the  1995-1996  school  year  and  in
19    every  even-numbered  year  thereafter,  the  Board shall set
20    second semester Parent Report  Card  Pick-up  Day  for  Local
21    School  Council  elections  and  may  schedule  elections  at
22    year-round schools for the same dates as the remainder of the
23    school  system.    Elections  shall  be conducted as provided
24    herein by the Board of Education  in  consultation  with  the
25    local school council at each attendance center.
26        (d)  Beginning   with   the   1995-96  school  year,  the
27    following procedures shall apply to  the  election  of  local
28    school council members at each attendance center:
29             (i)  The   elected  members  of  each  local  school
30        council shall consist of the 6 parent members and  the  2
31        community resident members.
32             (ii)  Each  elected  member  shall be elected by the
33        eligible voters of that attendance center to serve for  a
34        two-year  term commencing on July 1 immediately following
 
HB3840 Engrossed            -3-                LRB9111385NTks
 1        the  election  described  in  subsection  (c).   Eligible
 2        voters for each attendance center shall  consist  of  the
 3        parents  and  community  residents  for  that  attendance
 4        center.
 5             (iii)  Each eligible voter shall be entitled to cast
 6        one  vote for up to a total of 5 candidates, irrespective
 7        of  whether  such  candidates  are  parent  or  community
 8        resident candidates.
 9             (iv)  Each parent voter shall be entitled to vote in
10        the local school  council  election  at  each  attendance
11        center in which he or she has a child currently enrolled.
12        Each  community  resident voter shall be entitled to vote
13        in the local school council election at  each  attendance
14        center  for  which  he  or  she resides in the applicable
15        attendance area or voting district, as the case may be.
16             (v)  Each eligible voter shall be entitled  to  vote
17        once, but not more than once, in the local school council
18        election  at each attendance center at which the voter is
19        eligible to vote.
20             (vi)  The 2 teacher members  of  each  local  school
21        council  shall be appointed as provided in subsection (l)
22        below each to serve for a two-year term  coinciding  with
23        that   of  the  elected  parent  and  community  resident
24        members.
25             (vii)  At secondary attendance centers,  the  voting
26        student   member   shall  be  appointed  as  provided  in
27        subsection  (m)  below  to  serve  for  a  one-year  term
28        coinciding with the beginning of the terms of the elected
29        parent and community members of the local school council.
30        (e)  The Council shall publicize the date  and  place  of
31    the  election by posting notices at the attendance center, in
32    public  places  within  the  attendance  boundaries  of   the
33    attendance  center  and by distributing notices to the pupils
34    at the attendance center, and shall utilize such other  means
 
HB3840 Engrossed            -4-                LRB9111385NTks
 1    as  it  deems  necessary  to  maximize the involvement of all
 2    eligible voters.
 3        (f)  Nomination.  The Council shall publicize the opening
 4    of nominations by posting notices at the  attendance  center,
 5    in  public  places  within  the  attendance boundaries of the
 6    attendance center and by distributing notices to  the  pupils
 7    at  the attendance center, and shall utilize such other means
 8    as it deems necessary to  maximize  the  involvement  of  all
 9    eligible  voters.   Not less than 2 weeks before the election
10    date, persons eligible to run for the  Council  shall  submit
11    their  name,  date  of  birth,  social  security  number,  if
12    available,  and  some evidence of eligibility to the Council.
13    The  Council  shall  encourage   nomination   of   candidates
14    reflecting  the  racial/ethnic  population of the students at
15    the attendance center.  Each person nominated who runs  as  a
16    candidate  shall  disclose,  in  a  manner  determined by the
17    Board, any economic interest held by  such  person,  by  such
18    person's  spouse  or  children, or by each business entity in
19    which such person has an ownership interest, in any  contract
20    with the Board, any local school council or any public school
21    in  the  school district. Each person nominated who runs as a
22    candidate shall also disclose, in a manner determined by  the
23    Board,  if  he  or  she ever has been convicted of any of the
24    offenses specified in  subsection  (c)  of  Section  34-18.5;
25    provided  that neither this provision nor any other provision
26    of this Section shall be deemed to require the disclosure  of
27    any  information  that  is  contained  in any law enforcement
28    record or juvenile court record that is confidential or whose
29    accessibility or disclosure is restricted or prohibited under
30    Section 5-901 or 5-905 of the Juvenile  Court  Act  of  1987.
31    Failure  to  make  such  disclosure  shall  render  a  person
32    ineligible  for  election  or  to  serve  on the local school
33    council.  The same disclosure shall be  required  of  persons
34    under  consideration  for appointment to the Council pursuant
 
HB3840 Engrossed            -5-                LRB9111385NTks
 1    to subsections (l) and (m) of this Section.
 2        (f-5)  Notwithstanding disclosure, a person who has  been
 3    convicted  of any of the following offenses at any time shall
 4    be ineligible for election or appointment to a  local  school
 5    council  and  ineligible  for  appointment  to a local school
 6    council pursuant to subsections (l) and (m) of this  Section:
 7    (i)  those  defined  in Section 11-6, 11-9.1, 11-16, 11-17.1,
 8    11-19, 11-19.1,  11-19.2,  11-20.1,  12-13,  12-14,  12-14.1,
 9    12-15,  or  12-16  of  the  Criminal Code of 1961 or (ii) any
10    offense committed or attempted in any other state or  against
11    the  laws  of  the  United  States,  which,  if  committed or
12    attempted in this State, would have been punishable as one or
13    more of the foregoing offenses.  Notwithstanding  disclosure,
14    a  person  who  has  been  convicted  of any of the following
15    offenses  within  the  10  years  previous  to  the  date  of
16    nomination or appointment shall be ineligible for election or
17    appointment to a local school council pursuant to subsections
18    (l) and (m) of this Section: (i)  those  defined  in  Section
19    401.1,  405.1, or 405.2 of the Illinois Controlled Substances
20    Act or (ii) any offense committed or attempted in  any  other
21    state  or  against  the  laws of the United States, which, if
22    committed  or  attempted  in  this  State,  would  have  been
23    punishable as one or more of the foregoing offenses.
24        Immediately upon election or appointment, incoming  local
25    school  council  members  shall  be  required  to  undergo  a
26    criminal  background  investigation, to be completed prior to
27    the member taking office, using the member's  name,  date  of
28    birth,  and social security number, if available, in order to
29    identify  any  criminal  convictions   under   the   offenses
30    enumerated  in  Section  34-18.5.  The investigation shall be
31    conducted by the Department  of  State  Police  in  the  same
32    manner   as   provided   for  in  Section  34-18.5.  However,
33    notwithstanding Section 34-18.5, the social  security  number
34    shall  be  provided  only if available. In instances in which
 
HB3840 Engrossed            -6-                LRB9111385NTks
 1    one or more individuals have the same name,  date  of  birth,
 2    and  social  security  number as the member, the member shall
 3    undergo a fingerprint background check. If it  is  determined
 4    at   any   time   that  a  local  school  council  member  or
 5    member-elect has  been  convicted  of  any  of  the  offenses
 6    enumerated in this Section or failed to disclose a conviction
 7    of  any  of  the  offenses enumerated in Section 34-18.5, the
 8    general superintendent shall notify the local school  council
 9    member  or  member-elect  of such determination and the local
10    school council member or member-elect shall be  removed  from
11    the  local school council by the Board, subject to a hearing,
12    convened pursuant to Board rule, prior to removal.
13        (g)  At least one week  before  the  election  date,  the
14    Council shall publicize, in the manner provided in subsection
15    (e), the names of persons nominated for election.
16        (h)  Voting  shall  be  in person by secret ballot at the
17    attendance center between the hours of  6:00  a.m.  and  7:00
18    p.m.
19        (i)  Candidates  receiving  the  highest  number of votes
20    shall be declared elected by the Council.  In cases of a tie,
21    the Council shall determine the winner by lot.
22        (j)  The  Council  shall  certify  the  results  of   the
23    election  and shall publish the results in the minutes of the
24    Council.
25        (k)  The  general  superintendent   shall   resolve   any
26    disputes  concerning  election procedure or results and shall
27    ensure that, except as provided in subsections (e)  and  (g),
28    no  resources  of  any  attendance  center  shall  be used to
29    endorse or promote any candidate.
30        (l)  Beginning with the  1995-1996  school  year  and  in
31    every  even numbered year thereafter, the Board shall appoint
32    2 teacher  members  to  each  local  school  council.   These
33    appointments shall be made in the following manner:
34             (i)  The  Board  shall  appoint  2  teachers who are
 
HB3840 Engrossed            -7-                LRB9111385NTks
 1        employed and assigned to perform the  majority  of  their
 2        employment  duties  at  the attendance center to serve on
 3        the local school council of the attendance center  for  a
 4        two-year  term  coinciding  with the terms of the elected
 5        parent  and  community  members  of  that  local   school
 6        council.   These  appointments  shall  be made from among
 7        those teachers  who  are  nominated  in  accordance  with
 8        subsection (f).
 9             (ii)  A  non-binding, advisory poll to ascertain the
10        preferences of the school staff regarding appointments of
11        teachers to the local school council for that  attendance
12        center   shall   be  conducted  in  accordance  with  the
13        procedures used to elect  parent  and  community  Council
14        representatives.  At such poll, each member of the school
15        staff shall be entitled to indicate his or her preference
16        for  up  to  2  candidates from among those who submitted
17        statements  of  candidacy  as  described  above.    These
18        preferences shall be advisory only and  the  Board  shall
19        maintain  absolute  discretion to appoint teacher members
20        to local school councils, irrespective of the preferences
21        expressed in any such poll.
22             (iii)  In the event that a teacher representative is
23        unable to perform his or her  employment  duties  at  the
24        school  due  to  illness,  disability,  leave of absence,
25        disciplinary action, or any other reason, the Board shall
26        declare a temporary vacancy  and  appoint  a  replacement
27        teacher  representative  to  serve  on  the  local school
28        council until such time as the teacher member  originally
29        appointed pursuant to this subsection (l) resumes service
30        at  the  attendance  center  or  for the remainder of the
31        term.  The replacement teacher  representative  shall  be
32        appointed  in  the same manner and by the same procedures
33        as teacher representatives are appointed in  subdivisions
34        (i) and (ii) of this subsection (l).
 
HB3840 Engrossed            -8-                LRB9111385NTks
 1        (m)  Beginning  with  the  1995-1996  school year, and in
 2    every year thereafter, the Board shall  appoint  one  student
 3    member   to   each   secondary   attendance   center.   These
 4    appointments shall be made in the following manner:
 5             (i)  Appointments shall be  made  from  among  those
 6        students  who  submit  statements  of  candidacy  to  the
 7        principal of the attendance center, such statements to be
 8        submitted  commencing  on  the first day of the twentieth
 9        week of school and continuing  for  2  weeks  thereafter.
10        The form and manner of such candidacy statements shall be
11        determined by the Board.
12             (ii)  During  the  twenty-second  week  of school in
13        every year, the principal of each attendance center shall
14        conduct a non-binding, advisory  poll  to  ascertain  the
15        preferences   of   the   school  students  regarding  the
16        appointment of a student to the local school council  for
17        that attendance center.  At such poll, each student shall
18        be  entitled  to indicate his or her preference for up to
19        one candidate from among those who  submitted  statements
20        of   candidacy  as  described  above.   The  Board  shall
21        promulgate  rules  to  ensure  that  these   non-binding,
22        advisory  polls  are  conducted  in  a fair and equitable
23        manner  and  maximize  the  involvement  of  all   school
24        students.     The    preferences   expressed   in   these
25        non-binding, advisory polls shall be transmitted  by  the
26        principal to the Board.  However, these preferences shall
27        be  advisory  only  and the Board shall maintain absolute
28        discretion to appoint student  members  to  local  school
29        councils,  irrespective  of  the preferences expressed in
30        any such poll.
31             (iii)  For   the   1995-96   school    year    only,
32        appointments  shall be made from among those students who
33        submitted statements of candidacy to the principal of the
34        attendance center during the first 2 weeks of the  school
 
HB3840 Engrossed            -9-                LRB9111385NTks
 1        year.  The principal shall communicate the results of any
 2        nonbinding, advisory poll to the  Board.   These  results
 3        shall  be  advisory  only,  and  the Board shall maintain
 4        absolute discretion to appoint student members  to  local
 5        school   councils,   irrespective   of   the  preferences
 6        expressed in any such poll.
 7        (n)  The  Board  may  promulgate  such  other  rules  and
 8    regulations  for  election  procedures  as  may   be   deemed
 9    necessary to ensure fair elections.
10        (o)  In the event that a vacancy occurs during a member's
11    term, the Council shall appoint a person eligible to serve on
12    the  Council,  to  fill  the  unexpired  term  created by the
13    vacancy, except that any teacher vacancy shall be  filled  by
14    the  Board  after  considering  the preferences of the school
15    staff as ascertained through a non-binding advisory  poll  of
16    school staff.
17        (p)  If  less  than  the  specified  number of persons is
18    elected within each candidate  category,  the  newly  elected
19    local  school council shall appoint eligible persons to serve
20    as members of the Council for two-year terms.
21        (q)  The Board shall promulgate rules regarding conflicts
22    of interest and disclosure of economic interests which  shall
23    apply to local school council members and which shall require
24    reports  or  statements  to  be  filed  by Council members at
25    regular intervals with the Secretary of the  Board.   Failure
26    to  comply  with  such rules or intentionally falsifying such
27    reports shall be  grounds  for  disqualification  from  local
28    school  council  membership.   A  vacancy  on the Council for
29    disqualification may be so declared by the Secretary  of  the
30    Board.   Rules regarding conflicts of interest and disclosure
31    of economic interests promulgated by the Board shall apply to
32    local school council members.  No less than 45 days prior  to
33    the   deadline,  the  general  superintendent  shall  provide
34    notice, by mail, to each local school council member  of  all
 
HB3840 Engrossed            -10-               LRB9111385NTks
 1    requirements  and forms for compliance with economic interest
 2    statements.
 3        (r) (1)  If a parent member of  a  local  school  council
 4    ceases  to  have  any child enrolled in the attendance center
 5    governed by the Local School Council due to the graduation or
 6    voluntary transfer of a child or children from the attendance
 7    center, the parent's membership on the Local  School  Council
 8    and  all  voting  rights are terminated immediately as of the
 9    date  of  the  child's  graduation  or  voluntary   transfer.
10    Further,  a  local  school council member may be removed from
11    the Council by a majority vote of the Council as provided  in
12    subsection  (c)  of  Section 34-2.2 if the Council member has
13    missed  3  consecutive  regular   meetings,   not   including
14    committee  meetings,  or  5  regular  meetings  in a 12 month
15    period, not including committee meetings. If a parent  member
16    of  a  local school council ceases to be eligible to serve on
17    the Council for any other reason, he or she shall be  removed
18    by the Board subject to a hearing, convened pursuant to Board
19    rule,  prior to removal. A vote to remove a Council member by
20    the local school council shall only be valid if  the  Council
21    member  has  been  notified  personally or by certified mail,
22    mailed to the person's last known address, of  the  Council's
23    intent  to  vote  on  the Council member's removal at least 7
24    days prior to the vote.  The Council member in question shall
25    have the right to explain his or her  actions  and  shall  be
26    eligible  to  vote on the question of his or her removal from
27    the Council.  The provisions  of  this  subsection  shall  be
28    contained  within  the  petitions  used  to  nominate Council
29    candidates.
30        (2)  A person  may  continue  to  serve  as  a  community
31    resident  member  of  a local school council as long as he or
32    she resides in the attendance area served by the  school  and
33    is  not  employed  by  the Board nor is a parent of a student
34    enrolled at the  school.   If  a  community  resident  member
 
HB3840 Engrossed            -11-               LRB9111385NTks
 1    ceases  to  be  eligible  to  serve on the Council, he or she
 2    shall be removed by the Board subject to a hearing,  convened
 3    pursuant to Board rule, prior to removal.
 4        (3)  A  person  may continue to serve as a teacher member
 5    of a local school council as long as he or  she  is  employed
 6    and  assigned  to  perform a majority of his or her duties at
 7    the school,  provided  that  if  the  teacher  representative
 8    resigns   from  employment  with  the  Board  or  voluntarily
 9    transfers to another school, the teacher's membership on  the
10    local  school  council  and  all voting rights are terminated
11    immediately as of the date of the  teacher's  resignation  or
12    upon  the date of the teacher's voluntary transfer to another
13    school.  If a teacher member of a local school council ceases
14    to be eligible to serve on a local  school  council  for  any
15    other  reason,  that  member  shall  be  removed by the Board
16    subject to a hearing, convened pursuant to Board rule,  prior
17    to removal.
18    (Source:  P.A.  90-378,  eff.  8-14-97;  90-590, eff. 1-1-00;
19    91-622, eff. 8-19-99.)

20        (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
21        Sec. 34-2.3.  Local school councils - Powers and  duties.
22    Each local school council shall have and exercise, consistent
23    with the provisions of this Article and the powers and duties
24    of the board of education, the following powers and duties:
25        1. (A)  To  annually  evaluate  the  performance  of  the
26    principal  of  the  attendance  center using a Board approved
27    principal evaluation form, which shall include the evaluation
28    of (i) student academic improvement, as defined by the school
29    improvement plan,  (ii)  student  absenteeism  rates  at  the
30    school,  (iii)  instructional  leadership, (iv) the effective
31    implementation  of  programs,  policies,  or  strategies   to
32    improve  student academic achievement, (v) school management,
33    and (vi) any other  factors  deemed  relevant  by  the  local
 
HB3840 Engrossed            -12-               LRB9111385NTks
 1    school    council,   including,   without   limitation,   the
 2    principal's communication skills and ability  to  create  and
 3    maintain  a student-centered learning environment, to develop
 4    opportunities for professional development, and to  encourage
 5    parental  involvement  and  community partnerships to achieve
 6    school improvement;
 7        (B)  to determine in the manner  provided  by  subsection
 8    (c)  of  Section  34-2.2  and subdivision 1.5 of this Section
 9    whether the performance contract of the  principal  shall  be
10    renewed; and
11        (C)  to  directly  select,  in  the  manner  provided  by
12    subsection  (c) of Section 34-2.2, a new principal (including
13    a new principal to fill a vacancy) -- without submitting  any
14    list   of   candidates  for  that  position  to  the  general
15    superintendent as provided in paragraph 2 of this Section  --
16    to  serve  under a 4 year performance contract; provided that
17    (i) the determination of whether the principal's  performance
18    contract is to be renewed, based upon the evaluation required
19    by  subdivision  1.5  of this Section, shall be made no later
20    than  150  days  prior  to  the  expiration  of  the  current
21    performance-based contract of the  prinicipal,  (ii)  and  in
22    cases  where  such  performance  contract is not renewed -- a
23    direct selection of a new principal -- to  serve  under  a  4
24    year  performance  contract shall be made by the local school
25    council no later than 45 days prior to the expiration of  the
26    current performance contract of the principal, and (iii) (ii)
27    a selection by the local school council of a new principal to
28    fill  a  vacancy under a 4 year performance contract shall be
29    made within 90 days after the date such  vacancy  occurs.   A
30    Council  shall be required, if requested by the principal, to
31    provide in writing the reasons for the council's not renewing
32    the principal's contract.
33        1.5.  The local school council's determination of whether
34    to renew the  principal's  contract  shall  be  based  on  an
 
HB3840 Engrossed            -13-               LRB9111385NTks
 1    evaluation  to  assess  the  educational  and  administrative
 2    progress  made  at  the school during the principal's current
 3    performance-based contract.  The local school  council  shall
 4    base  its  evaluation on (i) student academic improvement, as
 5    defined  by  the  school  improvement  plan,   (ii)   student
 6    absenteeism   rates   at   the  school,  (iii)  instructional
 7    leadership, (iv) the effective  implementation  of  programs,
 8    policies,   or   strategies   to   improve  student  academic
 9    achievement,  (v)  school  management,  and  (vi)  any  other
10    factors  deemed  relevant  by  the  local   school   council,
11    including,  without limitation, the principal's communication
12    skills and ability to create and maintain a  student-centered
13    learning    environment,   to   develop   opportunities   for
14    professional   development,   and   to   encourage   parental
15    involvement and  community  partnerships  to  achieve  school
16    improvement.   If  a  local school council fails to renew the
17    performance contract of a  principal  rated  by  the  general
18    superintendent,  or  his  or  her  designee,  in the previous
19    years' evaluations as meeting or exceeding expectations,  the
20    principal,  within  15  days after the local school council's
21    decision not to renew the contract, may request a  review  of
22    the  local  school council's principal non-retention decision
23    by a hearing officer appointed by  the  American  Arbitration
24    Association.  A local school council member or members or the
25    general  superintendent  may  support the principal's request
26    for review. During the period of the hearing officer's review
27    of the local school council's decision on whether or  not  to
28    retain the principal, the local school council shall maintain
29    all  authority  to  search  for and contract with a person to
30    serve as interim or acting principal, or as the principal  of
31    the  attendance  center  under a 4-year performance contract,
32    provided that any performance contract entered  into  by  the
33    local  school  council  shall  be  voidable  or  modified  in
34    accordance  with  the  decision  of  the hearing officer. The
 
HB3840 Engrossed            -14-               LRB9111385NTks
 1    principal  may  request  review  only  once  while  at   that
 2    attendance  center.   If  a  local  school council renews the
 3    contract of a principal who failed  to  obtain  a  rating  of
 4    "meets"    or   "exceeds   expectations"   in   the   general
 5    superintendent's evaluation for the previous  year,  a  local
 6    school   council   member   or   members   or   the   general
 7    superintendent,   within  15  days  after  the  local  school
 8    council's decision to  renew  the  contract,  may  request  a
 9    review  of  the  local  school  council's principal retention
10    decision by a  hearing  officer  appointed  by  the  American
11    Arbitration  Association.  The local school council member or
12    members or the general superintendent may  request  a  review
13    only  once for that principal at that attendance center.  All
14    requests to  review  the  retention  or  non-retention  of  a
15    principal  shall  be submitted to the general superintendent,
16    who shall, in turn, forward such requests, within 14 days  of
17    receipt, to the American Arbitration Association. The general
18    superintendent  shall  send  a  contemporaneous  copy  of the
19    request  that  was  forwarded  to  the  American  Arbitration
20    Association to the principal and to each local school council
21    member and shall inform  the  local  school  council  of  its
22    rights  and  responsibilities  under the arbitration process,
23    including the local school council's right to  representation
24    and  the  manner and process by which the Board shall pay the
25    costs of the council's representation. If  the  local  school
26    council  retains the principal and the general superintendent
27    requests a review of the retention decision, the local school
28    council principal and the  general  superintendent  shall  be
29    considered  adversarial  parties  to  the  arbitration, and a
30    hearing officer shall  be  chosen  between  those  2  parties
31    pursuant  to  procedures  promulgated  by  the State Board of
32    Education,  and  the  principal  may   retain   counsel   and
33    participate  in the arbitration as described in Section 34-85
34    of this  Code.  If  the  local  school  council  retains  the
 
HB3840 Engrossed            -15-               LRB9111385NTks
 1    principal and a member or members of the local school council
 2    requests  a review of the principal's contract, the principal
 3    and the local school council shall be considered  adversarial
 4    parties and a hearing officer shall be chosen between those 2
 5    parties  as  described in Section 34-85 of this Code.  If the
 6    local school council does not retain the  principal  and  the
 7    principal  requests  a  review of the retention decision, the
 8    local school council and the principal  shall  be  considered
 9    adversarial  parties to the arbitration and a hearing officer
10    shall  be  chosen  between  those  2  parties   pursuant   to
11    procedures promulgated by the State Board of Education in the
12    manner  described  in Section 34-85 of this Code. The hearing
13    shall begin (i) within 45 days after the initial request  for
14    review   is   submitted  by  the  principal  to  the  general
15    superintendent or (ii) if the initial request for  review  is
16    made by the general superintendent, within 45 days after that
17    request  is  mailed  to the American Arbitration Association.
18    The hearing officer shall render a decision  within  45  days
19    after the hearing begins and within 90 days after the initial
20    request  for  review.  The  Board  shall  contract  with  the
21    American  Arbitration  Association  for  all  of  the hearing
22    officer's reasonable and necessary costs.  In  addition,  the
23    Board  shall  pay  any  reasonable  costs incurred by a local
24    school council for representation before a hearing officer.
25        1.10.  The hearing officer shall conduct a hearing, which
26    shall include (i) a review of  the  principal's  performance,
27    evaluations, and other evidence of the principal's service at
28    the school, (ii) reasons provided by the local school council
29    for its decision, and (iii) documentation evidencing views of
30    interested  persons, including, without limitation, students,
31    parents, local school council  members,  school  faculty  and
32    staff,  the  principal,  the general superintendent or his or
33    her designee, and members of the  community.  The  burden  of
34    proof   in  establishing  that  the  local  school  council's
 
HB3840 Engrossed            -16-               LRB9111385NTks
 1    decision was arbitrary and capricious shall be on  the  party
 2    requesting  the arbitration, and this party shall sustain the
 3    burden by  a  preponderance  of  the  evidence.  The  hearing
 4    officer  shall set the local school council decision aside if
 5    that decision, in  light  of  the  record  developed  at  the
 6    hearing,  is  arbitrary  and capricious.  The decision of the
 7    hearing officer may not be appealed to the Board or the State
 8    Board of Education.  If the hearing officer decides that  the
 9    principal  shall  be retained, the retention period shall not
10    exceed 2 years.
11        2.  In the event (i) the local school  council  does  not
12    renew  the  performance  contract  of  the  principal, or the
13    principal fails to receive a satisfactory rating as  provided
14    in  subsection  (h)  of  Section  34-8.3, or the principal is
15    removed for cause during the term of his or  her  performance
16    contract  in  the  manner  provided  by  Section  34-85, or a
17    vacancy in the position of principal otherwise  occurs  prior
18    to  the  expiration  of the term of a principal's performance
19    contract, and (ii) the local school council fails to directly
20    select a new principal to serve under a  4  year  performance
21    contract, the local school council in such event shall submit
22    to  the  general  superintendent  a  list  of 3 candidates --
23    listed in the local school council's order of  preference  --
24    for the position of principal, one of which shall be selected
25    by  the  general  superintendent to serve as principal of the
26    attendance center.  If the general  superintendent  fails  or
27    refuses  to select one of the candidates on the list to serve
28    as principal within 30 days after being  furnished  with  the
29    candidate  list,  the general superintendent shall select and
30    place a principal on an interim basis (i) for a period not to
31    exceed one year  or  (ii)  until  the  local  school  council
32    selects  a new principal with 7 affirmative votes as provided
33    in subsection (c) of Section 34-2.2, whichever occurs  first.
34    If  the  local  school council fails or refuses to select and
 
HB3840 Engrossed            -17-               LRB9111385NTks
 1    appoint a new principal, as specified by  subsection  (c)  of
 2    Section  34-2.2,  the  general  superintendent may select and
 3    appoint a new principal on an interim basis for an additional
 4    year or until a new contract principal  is  selected  by  the
 5    local  school  council.   There shall be no discrimination on
 6    the basis of race, sex, creed, color or disability  unrelated
 7    to  ability  to  perform in connection with the submission of
 8    candidates for, and the selection of a candidate to serve  as
 9    principal  of  an  attendance  center.   No  person  shall be
10    directly selected, listed as a candidate for, or selected  to
11    serve as principal of an attendance center (i) if such person
12    has  been  removed  for cause from employment by the Board or
13    (ii) if such person does  not  hold  a  valid  administrative
14    certificate issued or exchanged under Article 21 and endorsed
15    as required by that Article for the position of principal.  A
16    principal  whose  performance  contract  is  not  renewed  as
17    provided   under   subsection   (c)  of  Section  34-2.2  may
18    nevertheless, if otherwise qualified and certified as  herein
19    provided  and if he or she has received a satisfactory rating
20    as provided in subsection (h) of Section 34-8.3, be  included
21    by  a  local school council as one of the 3 candidates listed
22    in order of preference on any candidate list from  which  one
23    person  is  to  be  selected  to  serve  as  principal of the
24    attendance center under  a  new  performance  contract.   The
25    initial  candidate  list  required to be submitted by a local
26    school council to the general superintendent in  cases  where
27    the  local  school  council  does  not  renew the performance
28    contract of its principal and does not directly select a  new
29    principal  to serve under a 4 year performance contract shall
30    be submitted not later than 30 days prior to  the  expiration
31    of  the  current  performance  contract.   In cases where the
32    local school council fails or refuses to submit the candidate
33    list to the general superintendent  no  later  than  30  days
34    prior   to   the  expiration  of  the  incumbent  principal's
 
HB3840 Engrossed            -18-               LRB9111385NTks
 1    contract, the general superintendent may appoint a  principal
 2    on  an  interim  basis  for  a period not to exceed one year,
 3    during which time the local school council shall be  able  to
 4    select  a  new principal with 7 affirmative votes as provided
 5    in subsection (c)  of  Section  34-2.2.   In  cases  where  a
 6    principal  is removed for cause or a vacancy otherwise occurs
 7    in the position of principal and the vacancy is not filled by
 8    direct selection by the local school council,  the  candidate
 9    list  shall  be  submitted by the local school council to the
10    general superintendent within 90 days  after  the  date  such
11    removal  or  vacancy  occurs. In cases where the local school
12    council fails or refuses to submit the candidate list to  the
13    general  superintendent  within 90 days after the date of the
14    vacancy, the general superintendent may appoint  a  principal
15    on  an  interim  basis for a period of one year, during which
16    time the local school council shall be able to select  a  new
17    principal  with 7 affirmative votes as provided in subsection
18    (c) of Section 34-2.2.
19        2.5.  Whenever a vacancy in the  office  of  a  principal
20    occurs  for  any  reason,  the vacancy shall be filled in the
21    manner provided by this Section by the  selection  of  a  new
22    principal to serve under a 4 year performance contract.
23        3.  To  establish  additional  criteria to be included as
24    part of the performance contract of its  principal,  provided
25    that  such  additional criteria shall not discriminate on the
26    basis of race, sex, creed, color or disability  unrelated  to
27    ability  to  perform,  and shall not be inconsistent with the
28    uniform 4 year performance contract for principals  developed
29    by the board as provided in Section 34-8.1 of the School Code
30    or  with  other  provisions  of  this  Article  governing the
31    authority and responsibility of principals.
32        4.  To approve  the  expenditure  plan  prepared  by  the
33    principal with respect to all funds allocated and distributed
34    to  the attendance center by the Board.  The expenditure plan
 
HB3840 Engrossed            -19-               LRB9111385NTks
 1    shall be administered by the principal.  Notwithstanding  any
 2    other provision of this Act or any other law, any expenditure
 3    plan  approved  and  administered  under  this Section 34-2.3
 4    shall be consistent with and subject  to  the  terms  of  any
 5    contract  for services with a third party entered into by the
 6    Chicago School Reform Board of Trustees or  the  board  under
 7    this Act.
 8        Via a supermajority vote of 7 members of the local school
 9    council  or  8 members of a high school local school council,
10    the Council may  transfer  allocations  pursuant  to  Section
11    34-2.3  within  funds;  provided  that  such  a  transfer  is
12    consistent  with  applicable  law  and  collective bargaining
13    agreements.
14        Beginning in fiscal year 1991 and  in  each  fiscal  year
15    thereafter,  the  Board  may  reserve  up  to 1% of its total
16    fiscal year budget for distribution on a prioritized basis to
17    schools throughout the  school  system  in  order  to  assure
18    adequate  programs  to  meet  the  needs  of  special student
19    populations as determined by the  Board.   This  distribution
20    shall   take   into  account  the  needs  catalogued  in  the
21    Systemwide Plan and  the  various  local  school  improvement
22    plans  of the local school councils.  Information about these
23    centrally funded programs shall be distributed to  the  local
24    school   councils  so  that  their  subsequent  planning  and
25    programming will account for these provisions.
26        Beginning in fiscal year 1991 and  in  each  fiscal  year
27    thereafter,  from  other  amounts available in the applicable
28    fiscal year budget, the  board  shall  allocate  a  lump  sum
29    amount  to  each  local school based upon such formula as the
30    board shall determine taking into account the  special  needs
31    of  the  student  body.   The  local  school  principal shall
32    develop an expenditure plan in consultation  with  the  local
33    school council, the professional personnel advisory committee
34    and  with  all  other  school  personnel,  which reflects the
 
HB3840 Engrossed            -20-               LRB9111385NTks
 1    priorities and activities as described in the school's  local
 2    school improvement plan and is consistent with applicable law
 3    and  collective bargaining agreements and with board policies
 4    and standards; however, the local school council  shall  have
 5    the  right  to request waivers of board policy from the board
 6    of education and waivers of  employee  collective  bargaining
 7    agreements pursuant to Section 34-8.1a.
 8        The  expenditure  plan  developed  by  the principal with
 9    respect to amounts available from the  fund  for  prioritized
10    special needs programs and the allocated lump sum amount must
11    be approved by the local school council.
12        The  lump  sum  allocation  shall  take  into account the
13    following principles:
14             a.  Teachers: Each school shall be  allocated  funds
15        equal  to  the amount appropriated in the previous school
16        year  for  compensation  for  teachers  (regular   grades
17        kindergarten  through 12th grade) plus whatever increases
18        in compensation have  been  negotiated  contractually  or
19        through   longevity   as   provided   in  the  negotiated
20        agreement.  Adjustments shall be made due  to  layoff  or
21        reduction  in  force,  lack  of  funds or work, change in
22        subject requirements, enrollment  changes,  or  contracts
23        with  third parties for the performance of services or to
24        rectify any inconsistencies with  system-wide  allocation
25        formulas or for other legitimate reasons.
26             b.  Other   personnel:   Funds   for  other  teacher
27        certificated and uncertificated  personnel  paid  through
28        non-categorical  funds  shall  be  provided  according to
29        system-wide formulas based on student enrollment and  the
30        special needs of the school as determined by the Board.
31             c.  Non-compensation  items:  Appropriations for all
32        non-compensation items  shall  be  based  on  system-wide
33        formulas  based  on student enrollment and on the special
34        needs of the school or factors related  to  the  physical
 
HB3840 Engrossed            -21-               LRB9111385NTks
 1        plant,  including but not limited to textbooks, supplies,
 2        electricity, equipment, and routine maintenance.
 3             d.  Funds for categorical  programs:  Schools  shall
 4        receive  personnel and funds based on, and shall use such
 5        personnel and funds in accordance with State and  Federal
 6        requirements   applicable  to  each  categorical  program
 7        provided to meet the special needs of  the  student  body
 8        (including   but  not  limited  to,  Federal  Chapter  I,
 9        Bilingual, and Special Education).
10             d.1.  Funds for State Title I:   Each  school  shall
11        receive  funds  based  on  State  and  Board requirements
12        applicable to each State Title I pupil provided  to  meet
13        the special needs of the student body.  Each school shall
14        receive  the  proportion  of funds as provided in Section
15        18-8 to which they are entitled.  These  funds  shall  be
16        spent  only  with  the  budgetary  approval  of the Local
17        School Council as provided in Section 34-2.3.
18             e.  The Local School Council shall have the right to
19        request the principal to close  positions  and  open  new
20        ones  consistent  with the provisions of the local school
21        improvement  plan  provided  that  these  decisions   are
22        consistent  with applicable law and collective bargaining
23        agreements.  If a position is closed,  pursuant  to  this
24        paragraph,  the  local  school shall have for its use the
25        system-wide average compensation for the closed position.
26             f.  Operating within existing  laws  and  collective
27        bargaining  agreements,  the  local  school council shall
28        have  the  right  to  direct  the  principal   to   shift
29        expenditures within funds.
30             g.  (Blank).
31        Any  funds unexpended at the end of the fiscal year shall
32    be available to the board of education for use as part of its
33    budget for the following fiscal year.
34        5.  To make recommendations to the  principal  concerning
 
HB3840 Engrossed            -22-               LRB9111385NTks
 1    textbook   selection   and  concerning  curriculum  developed
 2    pursuant to the school improvement plan which  is  consistent
 3    with  systemwide  curriculum  objectives  in  accordance with
 4    Sections 34-8 and 34-18 of the School Code and in  conformity
 5    with the collective bargaining agreement.
 6        6.  To advise the principal concerning the attendance and
 7    disciplinary  policies  for the attendance center, subject to
 8    the provisions of this Article and Article 26, and consistent
 9    with the uniform system  of  discipline  established  by  the
10    board pursuant to Section 34-19.
11        7.  To  approve  a  school  improvement plan developed as
12    provided in Section 34-2.4. The process and schedule for plan
13    development  shall  be  publicized  to  the   entire   school
14    community,   and   the   community   shall  be  afforded  the
15    opportunity to make recommendations concerning the plan.   At
16    least  twice  a  year  the principal and local school council
17    shall report publicly on progress and problems  with  respect
18    to plan implementation.
19        8.  To  evaluate the allocation of teaching resources and
20    other certificated and uncertificated staff to the attendance
21    center to determine whether  such  allocation  is  consistent
22    with  and  in  furtherance  of  instructional  objectives and
23    school programs reflective of  the  school  improvement  plan
24    adopted    for   the   attendance   center;   and   to   make
25    recommendations to the board, the general superintendent  and
26    the   principal   concerning  any  reallocation  of  teaching
27    resources or other staff whenever the council determines that
28    any   such   reallocation   is   appropriate   because    the
29    qualifications of any existing staff at the attendance center
30    do  not  adequately match or support instructional objectives
31    or school programs which reflect the school improvement plan.
32        9.  To make recommendations  to  the  principal  and  the
33    general    superintendent    concerning    their   respective
34    appointments, after  August  31,  1989,  and  in  the  manner
 
HB3840 Engrossed            -23-               LRB9111385NTks
 1    provided  by  Section  34-8 and Section 34-8.1, of persons to
 2    fill any vacant, additional or newly  created  positions  for
 3    teachers  at  the  attendance center or at attendance centers
 4    which include the  attendance  center  served  by  the  local
 5    school council.
 6        10.  To request of the Board the manner in which training
 7    and assistance shall be provided to the local school council.
 8    Pursuant  to  Board  guidelines  a  local  school  council is
 9    authorized to direct the Board of Education to contract  with
10    personnel or not-for-profit organizations not associated with
11    the  school  district to train or assist council members.  If
12    training or assistance is provided by contract with personnel
13    or organizations not associated with the school district, the
14    period of training or assistance shall not  exceed  30  hours
15    during a given school year; person shall not be employed on a
16    continuous  basis  longer than said period and shall not have
17    been employed by the Chicago Board of  Education  within  the
18    preceding six months.  Council members shall receive training
19    in at least the following areas:
20             1.  school budgets;
21             2.  educational  theory  pertinent to the attendance
22        center's particular needs, including the  development  of
23        the   school   improvement   plan   and  the  principal's
24        performance contract; and
25             3.  personnel selection.
26    Council members  shall,  to  the  greatest  extent  possible,
27    complete such training within 90 days of election.
28        11.  In  accordance  with systemwide guidelines contained
29    in the System-Wide Educational Reform  Goals  and  Objectives
30    Plan,   criteria  for  evaluation  of  performance  shall  be
31    established  for  local  school  councils  and  local  school
32    council members.  If  a  local  school  council  persists  in
33    noncompliance  with  systemwide  requirements,  the Board may
34    impose  sanctions  and  take  necessary  corrective   action,
 
HB3840 Engrossed            -24-               LRB9111385NTks
 1    consistent with Section 34-8.3.
 2        12.  Each local school council shall comply with the Open
 3    Meetings  Act and the Freedom of Information Act.  Each local
 4    school  council  shall  issue  and  transmit  to  its  school
 5    community  a  detailed  annual  report  accounting  for   its
 6    activities  programmatically  and  financially.   Each  local
 7    school  council  shall  convene  at  least  2 well-publicized
 8    meetings annually with its entire  school  community.   These
 9    meetings  shall  include  presentation  of the proposed local
10    school improvement plan, of the proposed  school  expenditure
11    plan, and the annual report, and shall provide an opportunity
12    for public comment.
13        13.  Each  local  school council is encouraged to involve
14    additional non-voting members  of  the  school  community  in
15    facilitating the council's exercise of its responsibilities.
16        14.  The  local school council may adopt a school uniform
17    or dress code policy that governs the attendance  center  and
18    that is necessary to maintain the orderly process of a school
19    function or prevent endangerment of student health or safety,
20    consistent  with  the  policies  and  rules  of  the Board of
21    Education. A school uniform or dress code policy adopted by a
22    local school council: (i) shall not be applied in such manner
23    as to discipline or deny attendance to a transfer student  or
24    any  other  student for noncompliance with that policy during
25    such period of time as is reasonably necessary to enable  the
26    student  to acquire a school uniform or otherwise comply with
27    the dress code policy that is in  effect  at  the  attendance
28    center  into  which  the student's enrollment is transferred;
29    and (ii) shall include criteria and procedures under    which
30    the  local  school  council  will accommodate the needs of or
31    otherwise provide appropriate resources to assist  a  student
32    from  an  indigent  family  in  complying  with an applicable
33    school uniform or dress code policy. A student whose  parents
34    or  legal  guardians  object  on  religious  grounds  to  the
 
HB3840 Engrossed            -25-               LRB9111385NTks
 1    student's  compliance  with  an  applicable school uniform or
 2    dress code policy shall not be required to comply  with  that
 3    policy if the student's parents or legal guardians present to
 4    the  local  school  council  a  signed statement of objection
 5    detailing the grounds for the objection.
 6        15.  All decisions made and actions taken  by  the  local
 7    school council in the exercise of its powers and duties shall
 8    comply with State and federal laws, all applicable collective
 9    bargaining   agreements,  court  orders  and  rules  properly
10    promulgated by the Board.
11        15a.  To  grant,  in  accordance  with  board  rules  and
12    policies, the use of assembly halls and classrooms  when  not
13    otherwise  needed,  including lighting, heat, and attendants,
14    for public lectures,  concerts,  and  other  educational  and
15    social activities.
16        15b.  To  approve,  in  accordance  with  board rules and
17    policies, receipts and expenditures for all internal accounts
18    of the attendance center, and  to  approve  all  fund-raising
19    activities  by  nonschool  organizations  that use the school
20    building.
21        16.  (Blank).
22        17.  Names and addresses of local school council  members
23    shall be a matter of public record.
24    (Source: P.A. 90-14, eff. 7-1-97; 91-622, eff. 8-19-99.)

25        (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
26        Sec. 34-8.1.  Principals. Principals shall be employed to
27    supervise  the  operation  of  each attendance center.  Their
28    powers and duties shall include but not  be  limited  to  the
29    authority  (i)  to  direct,  supervise, evaluate, and suspend
30    with or without pay or  otherwise  discipline  all  teachers,
31    assistant  principals,  and  other  employees assigned to the
32    attendance center in accordance with board rules and policies
33    and  (ii)  to  direct  all  other  persons  assigned  to  the
 
HB3840 Engrossed            -26-               LRB9111385NTks
 1    attendance center pursuant to a contract with a  third  party
 2    to  provide  services  to  the  school  system.  The right to
 3    employ, discharge, and layoff shall be vested solely with the
 4    board.  The principal shall fill positions by appointment  as
 5    provided  in this Section and may make recommendations to the
 6    board regarding the employment, discharge, or layoff  of  any
 7    individual.  The authority of the principal shall include the
 8    authority  to  direct  the  hours during which the attendance
 9    center shall be open and available for use provided  the  use
10    complies with board rules and policies, to determine when and
11    what operations shall be conducted within those hours, and to
12    schedule  staff  within  those hours. Under the direction of,
13    and subject to the authority of the principal,  the  Engineer
14    In  Charge  shall  be  accountable  for  the safe, economical
15    operation  of  the  plant  and  grounds  and  shall  also  be
16    responsible for orientation, training,  and  supervising  the
17    work  of  Engineers, Trainees, school maintenance assistants,
18    custodial workers and other plant operation  employees  under
19    his or her direction.
20        There  shall  be  established  by  the  board a system of
21    semi-annual evaluations conducted  by  the  principal  as  to
22    performance  of  the  engineer  in  charge.   Nothing in this
23    Section  shall  prevent   the   principal   from   conducting
24    additional  evaluations.   An overall  numerical rating shall
25    be given by the principal based on the  evaluation  conducted
26    by  the  principal.  An unsatisfactory numerical rating shall
27    result in disciplinary action,  which  may  include,  without
28    limitation  and  in  the  judgment  of the principal, loss of
29    promotion or bidding procedure, reprimand, suspension with or
30    without pay,  or  recommended  dismissal.   The  board  shall
31    establish   procedures  for  conducting  the  evaluation  and
32    reporting the results to the engineer in charge.
33        Under the direction of, and subject to the authority  of,
34    the principal, the Food Service Manager is responsible at all
 
HB3840 Engrossed            -27-               LRB9111385NTks
 1    times  for  the proper operation and maintenance of the lunch
 2    room to which he is assigned and shall  also  be  responsible
 3    for  the  orientation,  training, and supervising the work of
 4    cooks, bakers, porters, and lunchroom attendants under his or
 5    her direction.
 6        There shall be established  by  the  Board  a  system  of
 7    semi-annual  evaluations conducted by the principal as to the
 8    performance of the food  service  manager.  Nothing  in  this
 9    Section   shall   prevent   the   principal  from  conducting
10    additional evaluations. An overall numerical rating shall  be
11    given  by  the principal based on the evaluation conducted by
12    the principal.   An  unsatisfactory  numerical  rating  shall
13    result  in  disciplinary  action  which  may include, without
14    limitation and in the judgment  of  the  principal,  loss  of
15    promotion or bidding procedure, reprimand, suspension with or
16    without  pay,  or  recommended  dismissal.   The  board shall
17    establish rules for conducting the evaluation  and  reporting
18    the results to the food service manager.
19        Nothing  in  this Section shall be interpreted to require
20    the employment or assignment of an  Engineer-In-Charge  or  a
21    Food Service Manager for each attendance center.
22        Principals shall be employed to supervise the educational
23    operation of each attendance center. If a principal is absent
24    due  to  extended  illness  or leave or absence, an assistant
25    principal may be assigned as acting principal  for  a  period
26    not  to  exceed  100 school days. Each principal shall assume
27    administrative responsibility and  instructional  leadership,
28    in  accordance  with  reasonable rules and regulations of the
29    board, for the planning,  operation  and  evaluation  of  the
30    educational  program  of the attendance center to which he is
31    assigned. The principal shall submit recommendations  to  the
32    general superintendent concerning the appointment, dismissal,
33    retention,   promotion,   and  assignment  of  all  personnel
34    assigned to the attendance center; provided,  that  from  and
 
HB3840 Engrossed            -28-               LRB9111385NTks
 1    after  September  1,  1989:  (i)  if  any vacancy occurs in a
 2    position at the attendance center or if an additional or  new
 3    position  is  created at the attendance center, that position
 4    shall be filled by  appointment  made  by  the  principal  in
 5    accordance  with  procedures  established and provided by the
 6    Board whenever the majority of the duties  included  in  that
 7    position  are  to be performed at the attendance center which
 8    is  under  the  principal's  supervision,   and   each   such
 9    appointment  so made by the principal shall be made and based
10    upon merit and ability to perform in  that  position  without
11    regard to seniority or length of service, provided, that such
12    appointments  shall  be  subject to the Board's desegregation
13    obligations, including but not limited to the Consent  Decree
14    and Desegregation Plan in U.S. v. Chicago Board of Education;
15    (ii)  the  principal  shall submit recommendations based upon
16    merit and ability to  perform  in  the  particular  position,
17    without  regard  to  seniority  or  length of service, to the
18    general superintendent  concerning  the  appointment  of  any
19    teacher, teacher aide, counselor, clerk, hall guard, security
20    guard  and  any  other  personnel  which is to be made by the
21    general superintendent whenever less than a majority  of  the
22    duties  of that teacher, teacher aide, counselor, clerk, hall
23    guard, and security guard and any other personnel are  to  be
24    performed  at  the  attendance  center  which  is  under  the
25    principal's  supervision;  and  (iii)  subject to law and the
26    applicable collective bargaining  agreements,  the  authority
27    and  responsibilities  of  a  principal  with  respect to the
28    evaluation of all teachers and other personnel assigned to an
29    attendance center shall commence immediately upon his or  her
30    appointment  as  principal  of the attendance center, without
31    regard to the length of time that he  or  she  has  been  the
32    principal of that attendance center.
33        Notwithstanding  the  existence  of any other law of this
34    State, nothing in this  Act  shall  prevent  the  board  from
 
HB3840 Engrossed            -29-               LRB9111385NTks
 1    entering  into  a  contract  with  a third party for services
 2    currently  performed  by  any  employee  or  bargaining  unit
 3    member.
 4        Notwithstanding any other provision of this Article, each
 5    principal may approve contracts, binding on the board, in the
 6    amount of no more than $10,000, if the contract  is  endorsed
 7    by the Local School Council.
 8        Unless  otherwise  prohibited  by  law  or by rule of the
 9    board, the principal shall provide to  local  school  council
10    members copies of all internal audits and any other pertinent
11    information  generated  by  any  audits  or  reviews  of  the
12    programs and operation of the attendance center.
13        Each   principal   shall   hold  a  valid  administrative
14    certificate issued or exchanged in accordance with Article 21
15    and endorsed as required by that Article for the position  of
16    principal.  The  board  may  establish  or  impose  academic,
17    educational,  examination,  and  experience  requirements and
18    criteria that  are  in  addition  to  those  established  and
19    required  by  Article  21 for issuance of a valid certificate
20    endorsed for the position of principal as a condition of  the
21    nomination,  selection, appointment, employment, or continued
22    employment of a person as principal of any attendance center,
23    or  as  a  condition  of  the  renewal  of  any   principal's
24    performance contract.
25        The board shall specify in its formal job description for
26    principals,  and from and after July 1, 1990 shall specify in
27    the 4 year performance contracts for use with respect to  all
28    principals,  that his or her primary responsibility is in the
29    improvement of instruction.  A majority of the time spent  by
30    a   principal   shall   be  spent  on  curriculum  and  staff
31    development through  both  formal  and  informal  activities,
32    establishing  clear  lines  of communication regarding school
33    goals, accomplishments, practices and policies  with  parents
34    and  teachers.    The  principal,  with the assistance of the
 
HB3840 Engrossed            -30-               LRB9111385NTks
 1    local school council, shall develop a school improvement plan
 2    as provided in Section 34-2.4 and, upon approval of the  plan
 3    by  the  local  school  council,  shall  be  responsible  for
 4    directing implementation of the plan. The principal, with the
 5    assistance  of the Professional Personnel Advisory Committee,
 6    shall develop  the  specific  methods  and  contents  of  the
 7    school's curriculum within the board's system-wide curriculum
 8    standards  and  objectives and the requirements of the school
 9    improvement plan. The board shall ensure that all  principals
10    are  evaluated  on their instructional leadership ability and
11    their ability to maintain a positive education  and  learning
12    climate.    It  shall  also  be  the  responsibility  of  the
13    principal to utilize  resources  of  proper  law  enforcement
14    agencies when the safety and welfare of students and teachers
15    are  threatened  by  illegal  use  of  drugs  and alcohol, by
16    illegal use or possession of  weapons,  or  by  illegal  gang
17    activity.
18        On  or before October 1, 1989, the Board of Education, in
19    consultation with any professional organization  representing
20    principals  in  the  district,  shall  promulgate  rules  and
21    implement  a lottery for the purpose of determining whether a
22    principal's  existing  performance  contract  (including  the
23    performance contract applicable to any  principal's  position
24    in  which  a vacancy then exists) expires on June 30, 1990 or
25    on June 30, 1991, and whether the ensuing 4 year  performance
26    contract begins on July 1, 1990 or July 1, 1991. The Board of
27    Education  shall  establish  and  conduct the lottery in such
28    manner that of all the performance  contracts  of  principals
29    (including   the  performance  contracts  applicable  to  all
30    principal positions in which a vacancy then exists),  50%  of
31    such  contracts  shall expire on June 30, 1990, and 50% shall
32    expire on June 30, 1991. All persons serving as principal  on
33    May 1, 1989, and all persons appointed as principal after May
34    1,  1989  and  prior  to  July  1, 1990 or July 1, 1991, in a
 
HB3840 Engrossed            -31-               LRB9111385NTks
 1    manner other than as provided by  Section  34-2.3,  shall  be
 2    deemed  by operation of law to be serving under a performance
 3    contract which expires on June 30, 1990 or June 30, 1991; and
 4    unless such performance contract of  any  such  principal  is
 5    renewed  (or  such  person  is  again  appointed  to serve as
 6    principal) in  the  manner  provided  by  Section  34-2.2  or
 7    34-2.3,  the  employment  of  such  person as principal shall
 8    terminate on June 30, 1990 or June 30, 1991.
 9        Commencing on July 1, 1990,  or  on  July  1,  1991,  and
10    thereafter,  the principal of each attendance center shall be
11    the person selected in the manner provided by Section  34-2.3
12    to  serve  as  principal  of that attendance center under a 4
13    year performance  contract.   All  performance  contracts  of
14    principals  expiring  after  July  1,  1990, or July 1, 1991,
15    shall commence on the date specified in the contract, and the
16    renewal of their performance contracts and the appointment of
17    principals when their performance contracts are  not  renewed
18    shall  be governed by Sections 34-2.2 and 34-2.3.  Whenever a
19    vacancy in the office of a principal occurs for  any  reason,
20    the  vacancy  shall  be  filled  by  the  selection  of a new
21    principal to serve under a 4 year performance contract in the
22    manner provided by Section 34-2.3.
23        The board of education  shall  develop  and  prepare,  in
24    consultation with the organization representing principals, a
25    4  year  performance  contract  for  use  at  all  attendance
26    centers,  and  shall  furnish  the  same to each local school
27    council.  The term of the performance  contract  shall  be  4
28    years,  unless the principal is retained by the decision of a
29    hearing  officer  pursuant  to  subdivision  1.5  of  Section
30    34-2.3, in which case the contract shall be  extended  for  2
31    years.   The  contract's  4-year  term may be modified by the
32    board pursuant to the principal retention  review  provisions
33    of   Section   34-2.3.   The  performance  contract  of  each
34    principal shall consist of the uniform performance  contract,
 
HB3840 Engrossed            -32-               LRB9111385NTks
 1    as  developed or from time to time modified by the board, and
 2    such additional criteria as are established by a local school
 3    council  pursuant  to  Section  34-2.3  for  the  performance
 4    contract of its principal.
 5        During the term of his or  her  performance  contract,  a
 6    principal  may  be  removed  only  as  provided  for  in  the
 7    performance  contract except for cause.  He or she shall also
 8    be obliged to follow the rules  of  the  board  of  education
 9    concerning conduct and efficiency.
10        In  the  event the performance contract of a principal is
11    not renewed or a principal is not  reappointed  as  principal
12    under a new performance contract, or in the event a principal
13    is  appointed  to  any  position  of superintendent or higher
14    position, or voluntarily resigns his position  of  principal,
15    his or her employment as a principal shall terminate and such
16    former principal shall not be reinstated to the position from
17    which  he or she was promoted to principal, except that he or
18    she, if otherwise qualified and certified in accordance  with
19    Article  21,  shall  be  placed  by  the board on appropriate
20    eligibility lists which it prepares for use in the filling of
21    vacant or additional or newly created positions for teachers.
22    The principal's total years of service to the board as both a
23    teacher and a principal, or in other professional capacities,
24    shall be used in calculating years of experience for purposes
25    of being selected as a teacher into new, additional or vacant
26    positions.
27        In the event the performance contract of a  principal  is
28    not  renewed  or  a principal is not reappointed as principal
29    under a new performance contract,  such  principal  shall  be
30    eligible  to  continue  to  receive  his  or  her  previously
31    provided  level  of health insurance benefits for a period of
32    90 days following the  non-renewal  of  the  contract  at  no
33    expense  to  the  principal, provided that such principal has
34    not retired.
 
HB3840 Engrossed            -33-               LRB9111385NTks
 1    (Source: P.A. 91-622, eff. 8-19-99.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

[ Top ]