093_HB1235

 
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 1        AN ACT in relation to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections 34-2.3, 34-2.4, 34-2.4a, and 34-8.1 as follows:

 6        (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
 7        Sec.  34-2.3.  Local school councils - Powers and duties.
 8    Each local school council shall have and exercise, consistent
 9    with the provisions of this Article and the powers and duties
10    of the board of education, the following powers and duties:
11        1. (A)  To  annually  evaluate  the  performance  of  the
12    principal of the attendance center  using  a  Board  approved
13    principal evaluation form, which shall include the evaluation
14    of (i) student academic improvement, as defined by the school
15    improvement  plan,  (ii)  student  absenteeism  rates  at the
16    school, (iii) instructional leadership,  (iv)  the  effective
17    implementation   of  programs,  policies,  or  strategies  to
18    improve student academic achievement, (v) school  management,
19    and  (vi)  any  other  factors  deemed  relevant by the local
20    school   council,   including,   without   limitation,    the
21    principal's  communication  skills  and ability to create and
22    maintain a student-centered learning environment, to  develop
23    opportunities  for professional development, and to encourage
24    parental involvement and community  partnerships  to  achieve
25    school improvement;
26        (B)  to  determine  in  the manner provided by subsection
27    (c) of Section 34-2.2 and subdivision  1.5  of  this  Section
28    whether  the  performance  contract of the principal shall be
29    renewed; and
30        (C)  to  directly  select,  in  the  manner  provided  by
31    subsection (c) of Section 34-2.2, a new principal  (including
 
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 1    a  new principal to fill a vacancy) -- without submitting any
 2    list  of  candidates  for  that  position  to   the   general
 3    superintendent  as provided in paragraph 2 of this Section --
 4    to serve under a 4 year performance contract;  provided  that
 5    (i)  the determination of whether the principal's performance
 6    contract is to be renewed, based upon the evaluation required
 7    by subdivision 1.5 of this Section, shall be  made  no  later
 8    than  150  days  prior  to  the  expiration  of  the  current
 9    performance-based  contract  of  the principal, (ii) in cases
10    where such performance contract is not renewed  --  a  direct
11    selection  of  a  new  principal  --  to serve under a 4 year
12    performance contract  shall  be  made  by  the  local  school
13    council  no later than 45 days prior to the expiration of the
14    current performance contract of the principal,  and  (iii)  a
15    selection  by  the local school council of a new principal to
16    fill a vacancy under a 4 year performance contract  shall  be
17    made  within  90  days after the date such vacancy occurs.  A
18    Council shall be required, if requested by the principal,  to
19    provide in writing the reasons for the council's not renewing
20    the principal's contract.
21        1.5.  The local school council's determination of whether
22    to  renew  the  principal's  contract  shall  be  based on an
23    evaluation  to  assess  the  educational  and  administrative
24    progress made at the school during  the  principal's  current
25    performance-based  contract.   The local school council shall
26    base its evaluation on (i) student academic  improvement,  as
27    defined   by   the  school  improvement  plan,  (ii)  student
28    absenteeism  rates  at  the   school,   (iii)   instructional
29    leadership,  (iv)  the  effective implementation of programs,
30    policies,  or  strategies   to   improve   student   academic
31    achievement,  (v)  school  management,  and  (vi)  any  other
32    factors   deemed   relevant  by  the  local  school  council,
33    including, without limitation, the principal's  communication
34    skills  and ability to create and maintain a student-centered
 
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 1    learning   environment,   to   develop   opportunities    for
 2    professional   development,   and   to   encourage   parental
 3    involvement  and  community  partnerships  to  achieve school
 4    improvement.  If a local school council fails  to  renew  the
 5    performance  contract  of  a  principal  rated by the general
 6    superintendent, or his  or  her  designee,  in  the  previous
 7    years'  evaluations as meeting or exceeding expectations, the
 8    principal, within 15 days after the  local  school  council's
 9    decision  not  to renew the contract, may request a review of
10    the local school council's principal  non-retention  decision
11    by  a  hearing  officer appointed by the American Arbitration
12    Association.  A local school council member or members or the
13    general superintendent may support  the  principal's  request
14    for review. During the period of the hearing officer's review
15    of  the  local school council's decision on whether or not to
16    retain the principal, the local school council shall maintain
17    all authority to search for and contract  with  a  person  to
18    serve  as interim or acting principal, or as the principal of
19    the attendance center under a  4-year  performance  contract,
20    provided  that  any  performance contract entered into by the
21    local  school  council  shall  be  voidable  or  modified  in
22    accordance with the decision  of  the  hearing  officer.  The
23    principal   may  request  review  only  once  while  at  that
24    attendance center.  If a  local  school  council  renews  the
25    contract  of  a  principal  who  failed to obtain a rating of
26    "meets"   or   "exceeds   expectations"   in   the    general
27    superintendent's   evaluation  for  the  previous  year,  the
28    general superintendent, within 15 days after the local school
29    council's decision to  renew  the  contract,  may  request  a
30    review  of  the  local  school  council's principal retention
31    decision by a  hearing  officer  appointed  by  the  American
32    Arbitration  Association.   The  general  superintendent  may
33    request  a  review  only  once  for  that  principal  at that
34    attendance center.  All requests to review the  retention  or
 
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 1    non-retention  of  a  principal  shall  be  submitted  to the
 2    general superintendent, who  shall,  in  turn,  forward  such
 3    requests,   within  14  days  of  receipt,  to  the  American
 4    Arbitration Association.  The  general  superintendent  shall
 5    send a contemporaneous copy of the request that was forwarded
 6    to  the American Arbitration Association to the principal and
 7    to each local school council  member  and  shall  inform  the
 8    local school council of its rights and responsibilities under
 9    the arbitration process, including the local school council's
10    right  to  representation and the manner and process by which
11    the  Board   shall   pay   the   costs   of   the   council's
12    representation.  If  the  local  school  council  retains the
13    principal and the general superintendent requests a review of
14    the retention decision, the  local  school  council  and  the
15    general  superintendent  shall  be  considered parties to the
16    arbitration, a hearing officer shall be chosen between  those
17    2  parties  pursuant  to  procedures promulgated by the State
18    Board of Education, and the principal may retain counsel  and
19    participate  in the arbitration.  If the local school council
20    does not retain the principal and the  principal  requests  a
21    review  of  the  retention decision, the local school council
22    and  the  principal  shall  be  considered  parties  to   the
23    arbitration  and  a  hearing  officer shall be chosen between
24    those 2 parties pursuant to  procedures  promulgated  by  the
25    State  Board of Education. The hearing shall begin (i) within
26    45 days after the initial request for review is submitted  by
27    the  principal  to  the general superintendent or (ii) if the
28    initial  request  for  review  is   made   by   the   general
29    superintendent,  within  45 days after that request is mailed
30    to the American Arbitration Association. The hearing  officer
31    shall  render  a  decision  within  45 days after the hearing
32    begins and within 90  days  after  the  initial  request  for
33    review.   The   Board   shall   contract  with  the  American
34    Arbitration Association for  all  of  the  hearing  officer's
 
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 1    reasonable and necessary costs.  In addition, the Board shall
 2    pay  any  reasonable costs incurred by a local school council
 3    for representation before a hearing officer.
 4        1.10.  The hearing officer shall conduct a hearing, which
 5    shall include (i) a review of  the  principal's  performance,
 6    evaluations, and other evidence of the principal's service at
 7    the school, (ii) reasons provided by the local school council
 8    for its decision, and (iii) documentation evidencing views of
 9    interested  persons, including, without limitation, students,
10    parents, local school council  members,  school  faculty  and
11    staff,  the  principal,  the general superintendent or his or
12    her designee, and members of the  community.  The  burden  of
13    proof   in  establishing  that  the  local  school  council's
14    decision was arbitrary and capricious shall be on  the  party
15    requesting  the arbitration, and this party shall sustain the
16    burden by  a  preponderance  of  the  evidence.  The  hearing
17    officer  shall set the local school council decision aside if
18    that decision, in  light  of  the  record  developed  at  the
19    hearing,  is  arbitrary  and capricious.  The decision of the
20    hearing officer may not be appealed to the Board or the State
21    Board of Education.  If the hearing officer decides that  the
22    principal  shall  be retained, the retention period shall not
23    exceed 2 years.
24        2.  In the event (i) the local school  council  does  not
25    renew  the  performance  contract  of  the  principal, or the
26    principal fails to receive a satisfactory rating as  provided
27    in  subsection  (h)  of  Section  34-8.3, or the principal is
28    removed for cause during the term of his or  her  performance
29    contract  in  the  manner  provided  by  Section  34-85, or a
30    vacancy in the position of principal otherwise  occurs  prior
31    to  the  expiration  of the term of a principal's performance
32    contract, and (ii) the local school council fails to directly
33    select a new principal to serve under a  4  year  performance
34    contract, the local school council in such event shall submit
 
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 1    to  the  general  superintendent  a  list  of 3 candidates --
 2    listed in the local school council's order of  preference  --
 3    for the position of principal, one of which shall be selected
 4    by  the  general  superintendent to serve as principal of the
 5    attendance center.  If the general  superintendent  fails  or
 6    refuses  to select one of the candidates on the list to serve
 7    as principal within 30 days after being  furnished  with  the
 8    candidate  list,  the general superintendent shall select and
 9    place a principal on an interim basis (i) for a period not to
10    exceed one year  or  (ii)  until  the  local  school  council
11    selects  a new principal with 7 affirmative votes as provided
12    in subsection (c) of Section 34-2.2, whichever occurs  first.
13    If  the  local  school council fails or refuses to select and
14    appoint a new principal, as specified by  subsection  (c)  of
15    Section  34-2.2,  the  general  superintendent may select and
16    appoint a new principal on an interim basis for an additional
17    year or until a new contract principal  is  selected  by  the
18    local  school  council.   There shall be no discrimination on
19    the basis of race, sex, creed, color or disability  unrelated
20    to  ability  to  perform in connection with the submission of
21    candidates for, and the selection of a candidate to serve  as
22    principal  of  an  attendance  center.   No  person  shall be
23    directly selected, listed as a candidate for, or selected  to
24    serve as principal of an attendance center (i) if such person
25    has  been  removed  for cause from employment by the Board or
26    (ii) if such person does  not  hold  a  valid  administrative
27    certificate issued or exchanged under Article 21 and endorsed
28    as required by that Article for the position of principal.  A
29    principal  whose  performance  contract  is  not  renewed  as
30    provided   under   subsection   (c)  of  Section  34-2.2  may
31    nevertheless, if otherwise qualified and certified as  herein
32    provided  and if he or she has received a satisfactory rating
33    as provided in subsection (h) of Section 34-8.3, be  included
34    by  a  local school council as one of the 3 candidates listed
 
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 1    in order of preference on any candidate list from  which  one
 2    person  is  to  be  selected  to  serve  as  principal of the
 3    attendance center under  a  new  performance  contract.   The
 4    initial  candidate  list  required to be submitted by a local
 5    school council to the general superintendent in  cases  where
 6    the  local  school  council  does  not  renew the performance
 7    contract of its principal and does not directly select a  new
 8    principal  to serve under a 4 year performance contract shall
 9    be submitted not later than 30 days prior to  the  expiration
10    of  the  current  performance  contract.   In cases where the
11    local school council fails or refuses to submit the candidate
12    list to the general superintendent  no  later  than  30  days
13    prior   to   the  expiration  of  the  incumbent  principal's
14    contract, the general superintendent may appoint a  principal
15    on  an  interim  basis  for  a period not to exceed one year,
16    during which time the local school council shall be  able  to
17    select  a  new principal with 7 affirmative votes as provided
18    in subsection (c)  of  Section  34-2.2.   In  cases  where  a
19    principal  is removed for cause or a vacancy otherwise occurs
20    in the position of principal and the vacancy is not filled by
21    direct selection by the local school council,  the  candidate
22    list  shall  be  submitted by the local school council to the
23    general superintendent within 90 days  after  the  date  such
24    removal  or  vacancy  occurs. In cases where the local school
25    council fails or refuses to submit the candidate list to  the
26    general  superintendent  within 90 days after the date of the
27    vacancy, the general superintendent may appoint  a  principal
28    on  an  interim  basis for a period of one year, during which
29    time the local school council shall be able to select  a  new
30    principal  with 7 affirmative votes as provided in subsection
31    (c) of Section 34-2.2.
32        2.5.  Whenever a vacancy in the  office  of  a  principal
33    occurs  for  any  reason,  the vacancy shall be filled in the
34    manner provided by this Section by the  selection  of  a  new
 
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 1    principal to serve under a 4 year performance contract.
 2        3.  To  establish  additional  criteria to be included as
 3    part of the performance contract of its  principal,  provided
 4    that  such  additional criteria shall not discriminate on the
 5    basis of race, sex, creed, color or disability  unrelated  to
 6    ability  to  perform,  and shall not be inconsistent with the
 7    uniform 4 year performance contract for principals  developed
 8    by the board as provided in Section 34-8.1 of the School Code
 9    or  with  other  provisions  of  this  Article  governing the
10    authority and responsibility of principals.
11        4.  To approve  the  expenditure  plan  prepared  by  the
12    principal with respect to all funds allocated and distributed
13    to  the attendance center by the Board.  The expenditure plan
14    shall be administered by the principal.  Notwithstanding  any
15    other provision of this Act or any other law, any expenditure
16    plan  approved  and  administered  under  this Section 34-2.3
17    shall be consistent with and subject  to  the  terms  of  any
18    contract  for services with a third party entered into by the
19    Chicago School Reform Board of Trustees or  the  board  under
20    this Act.
21        Via a supermajority vote of 7 members of the local school
22    council  or  8 members of a high school local school council,
23    the Council may  transfer  allocations  pursuant  to  Section
24    34-2.3  within  funds;  provided  that  such  a  transfer  is
25    consistent  with  applicable  law  and  collective bargaining
26    agreements.
27        Beginning in fiscal year 1991 and  in  each  fiscal  year
28    thereafter,  the  Board  may  reserve  up  to 1% of its total
29    fiscal year budget for distribution on a prioritized basis to
30    schools throughout the  school  system  in  order  to  assure
31    adequate  programs  to  meet  the  needs  of  special student
32    populations as determined by the  Board.   This  distribution
33    shall   take   into  account  the  needs  catalogued  in  the
34    Systemwide Plan and  the  various  local  school  improvement
 
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 1    plans  of the local school councils.  Information about these
 2    centrally funded programs shall be distributed to  the  local
 3    school   councils  so  that  their  subsequent  planning  and
 4    programming will account for these provisions.
 5        Beginning in fiscal year 1991 and  in  each  fiscal  year
 6    thereafter,  from  other  amounts available in the applicable
 7    fiscal year budget, the  board  shall  allocate  a  lump  sum
 8    amount  to  each  local school based upon such formula as the
 9    board shall determine taking into account the  special  needs
10    of  the  student  body.   The  local  school  principal shall
11    develop an expenditure plan in consultation  with  the  local
12    school   council,   the   professional  personnel  leadership
13    advisory committee and with all other school personnel, which
14    reflects the priorities and activities as  described  in  the
15    school's local school improvement plan and is consistent with
16    applicable  law and collective bargaining agreements and with
17    board policies  and  standards;  however,  the  local  school
18    council  shall  have  the  right  to request waivers of board
19    policy from the board of education and  waivers  of  employee
20    collective bargaining agreements pursuant to Section 34-8.1a.
21        The  expenditure  plan  developed  by  the principal with
22    respect to amounts available from the  fund  for  prioritized
23    special needs programs and the allocated lump sum amount must
24    be approved by the local school council.
25        The  lump  sum  allocation  shall  take  into account the
26    following principles:
27             a.  Teachers: Each school shall be  allocated  funds
28        equal  to  the amount appropriated in the previous school
29        year  for  compensation  for  teachers  (regular   grades
30        kindergarten  through 12th grade) plus whatever increases
31        in compensation have  been  negotiated  contractually  or
32        through   longevity   as   provided   in  the  negotiated
33        agreement.  Adjustments shall be made due  to  layoff  or
34        reduction  in  force,  lack  of  funds or work, change in
 
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 1        subject requirements, enrollment  changes,  or  contracts
 2        with  third parties for the performance of services or to
 3        rectify any inconsistencies with  system-wide  allocation
 4        formulas or for other legitimate reasons.
 5             b.  Other   personnel:   Funds   for  other  teacher
 6        certificated and uncertificated  personnel  paid  through
 7        non-categorical  funds  shall  be  provided  according to
 8        system-wide formulas based on student enrollment and  the
 9        special needs of the school as determined by the Board.
10             c.  Non-compensation  items:  Appropriations for all
11        non-compensation items  shall  be  based  on  system-wide
12        formulas  based  on student enrollment and on the special
13        needs of the school or factors related  to  the  physical
14        plant,  including but not limited to textbooks, supplies,
15        electricity, equipment, and routine maintenance.
16             d.  Funds for categorical  programs:  Schools  shall
17        receive  personnel and funds based on, and shall use such
18        personnel and funds in accordance with State and  Federal
19        requirements   applicable  to  each  categorical  program
20        provided to meet the special needs of  the  student  body
21        (including   but  not  limited  to,  Federal  Chapter  I,
22        Bilingual, and Special Education).
23             d.1.  Funds for State Title I:   Each  school  shall
24        receive  funds  based  on  State  and  Board requirements
25        applicable to each State Title I pupil provided  to  meet
26        the special needs of the student body.  Each school shall
27        receive  the  proportion  of funds as provided in Section
28        18-8 to which they are entitled.  These  funds  shall  be
29        spent  only  with  the  budgetary  approval  of the Local
30        School Council as provided in Section 34-2.3.
31             e.  The Local School Council shall have the right to
32        request the principal to close  positions  and  open  new
33        ones  consistent  with the provisions of the local school
34        improvement  plan  provided  that  these  decisions   are
 
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 1        consistent  with applicable law and collective bargaining
 2        agreements.  If a position is closed,  pursuant  to  this
 3        paragraph,  the  local  school shall have for its use the
 4        system-wide average compensation for the closed position.
 5             f.  Operating within existing  laws  and  collective
 6        bargaining  agreements,  the  local  school council shall
 7        have  the  right  to  direct  the  principal   to   shift
 8        expenditures within funds.
 9             g.  (Blank).
10        Any  funds unexpended at the end of the fiscal year shall
11    be available to the board of education for use as part of its
12    budget for the following fiscal year.
13        5.  To make recommendations to the  principal  concerning
14    textbook   selection   and  concerning  curriculum  developed
15    pursuant to the school improvement plan which  is  consistent
16    with  systemwide  curriculum  objectives  in  accordance with
17    Sections 34-8 and 34-18 of the School Code and in  conformity
18    with the collective bargaining agreement.
19        6.  To advise the principal concerning the attendance and
20    disciplinary  policies  for the attendance center, subject to
21    the provisions of this Article and Article 26, and consistent
22    with the uniform system  of  discipline  established  by  the
23    board pursuant to Section 34-19.
24        7.  To  approve  a  school  improvement plan developed as
25    provided in Section 34-2.4. The process and schedule for plan
26    development  shall  be  publicized  to  the   entire   school
27    community,   and   the   community   shall  be  afforded  the
28    opportunity to make recommendations concerning the plan.   At
29    least  twice a year the principal, the professional personnel
30    leadership committee, and local school council  shall  report
31    publicly  on  progress  and  problems  with  respect  to plan
32    implementation.
33        8.  To evaluate the allocation of teaching resources  and
34    other certificated and uncertificated staff to the attendance
 
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 1    center  to  determine  whether  such allocation is consistent
 2    with and  in  furtherance  of  instructional  objectives  and
 3    school  programs  reflective  of  the school improvement plan
 4    adopted   for   the   attendance   center;   and   to    make
 5    recommendations  to the board, the general superintendent and
 6    the  principal  concerning  any  reallocation   of   teaching
 7    resources or other staff whenever the council determines that
 8    any    such   reallocation   is   appropriate   because   the
 9    qualifications of any existing staff at the attendance center
10    do not adequately match or support  instructional  objectives
11    or school programs which reflect the school improvement plan.
12        9.  To  make  recommendations  to  the  principal and the
13    general   superintendent    concerning    their    respective
14    appointments,  after  August  31,  1989,  and  in  the manner
15    provided by Section 34-8 and Section 34-8.1,  of  persons  to
16    fill  any  vacant,  additional or newly created positions for
17    teachers at the attendance center or  at  attendance  centers
18    which  include  the  attendance  center  served  by the local
19    school council.
20        10.  To request of the Board the manner in which training
21    and assistance shall be provided to the local school council.
22    Pursuant to  Board  guidelines  a  local  school  council  is
23    authorized  to direct the Board of Education to contract with
24    personnel or not-for-profit organizations not associated with
25    the school district to train or assist council  members.   If
26    training or assistance is provided by contract with personnel
27    or organizations not associated with the school district, the
28    period  of  training  or assistance shall not exceed 30 hours
29    during a given school year; person shall not be employed on a
30    continuous basis longer than said period and shall  not  have
31    been  employed  by  the Chicago Board of Education within the
32    preceding six months.  Council members shall receive training
33    in at least the following areas:
34             1.  school budgets;
 
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 1             2.  educational theory pertinent to  the  attendance
 2        center's  particular  needs, including the development of
 3        the  school  improvement   plan   and   the   principal's
 4        performance contract; and
 5             3.  personnel selection.
 6    Council  members  shall,  to  the  greatest  extent possible,
 7    complete such training within 90 days of election.
 8        11.  In accordance with systemwide  guidelines  contained
 9    in  the  System-Wide  Educational Reform Goals and Objectives
10    Plan,  criteria  for  evaluation  of  performance  shall   be
11    established  for  local  school  councils  and  local  school
12    council  members.   If  a  local  school  council persists in
13    noncompliance with systemwide  requirements,  the  Board  may
14    impose   sanctions  and  take  necessary  corrective  action,
15    consistent with Section 34-8.3.
16        12.  Each local school council shall comply with the Open
17    Meetings Act and the Freedom of Information Act.  Each  local
18    school  council  shall  issue  and  transmit  to  its  school
19    community   a  detailed  annual  report  accounting  for  its
20    activities  programmatically  and  financially.   Each  local
21    school council  shall  convene  at  least  2  well-publicized
22    meetings  annually  with  its entire school community.  These
23    meetings shall include presentation  of  the  proposed  local
24    school  improvement  plan, of the proposed school expenditure
25    plan, and the annual report, and shall provide an opportunity
26    for public comment.
27        13.  Each local school council is encouraged  to  involve
28    additional  non-voting  members  of  the  school community in
29    facilitating the council's exercise of its responsibilities.
30        14.  The local school council may adopt a school  uniform
31    or  dress  code policy that governs the attendance center and
32    that is necessary to maintain the orderly process of a school
33    function or prevent endangerment of student health or safety,
34    consistent with the  policies  and  rules  of  the  Board  of
 
                            -14-     LRB093 06325 NHT 06444 b
 1    Education. A school uniform or dress code policy adopted by a
 2    local school council: (i) shall not be applied in such manner
 3    as  to discipline or deny attendance to a transfer student or
 4    any other student for noncompliance with that  policy  during
 5    such  period of time as is reasonably necessary to enable the
 6    student to acquire a school uniform or otherwise comply  with
 7    the  dress  code  policy  that is in effect at the attendance
 8    center into which the student's  enrollment  is  transferred;
 9    and  (ii)  shall include criteria and procedures under  which
10    the local school council will accommodate  the  needs  of  or
11    otherwise  provide  appropriate resources to assist a student
12    from an indigent  family  in  complying  with  an  applicable
13    school  uniform or dress code policy. A student whose parents
14    or  legal  guardians  object  on  religious  grounds  to  the
15    student's compliance with an  applicable  school  uniform  or
16    dress  code  policy shall not be required to comply with that
17    policy if the student's parents or legal guardians present to
18    the local school council  a  signed  statement  of  objection
19    detailing the grounds for the objection.
20        15.  All  decisions  made  and actions taken by the local
21    school council in the exercise of its powers and duties shall
22    comply with State and federal laws, all applicable collective
23    bargaining  agreements,  court  orders  and  rules   properly
24    promulgated by the Board.
25        15a.  To  grant,  in  accordance  with  board  rules  and
26    policies,  the  use of assembly halls and classrooms when not
27    otherwise needed, including lighting, heat,  and  attendants,
28    for  public  lectures,  concerts,  and  other educational and
29    social activities.
30        15b.  To approve, in  accordance  with  board  rules  and
31    policies, receipts and expenditures for all internal accounts
32    of  the  attendance  center,  and to approve all fund-raising
33    activities by nonschool organizations  that  use  the  school
34    building.
 
                            -15-     LRB093 06325 NHT 06444 b
 1        16.  (Blank).
 2        17.  Names  and addresses of local school council members
 3    shall be a matter of public record.
 4    (Source: P.A.  90-14,  eff.  7-1-97;  91-622,  eff.  8-19-99;
 5    91-728, eff. 6-2-00.)

 6        (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
 7        Sec.  34-2.4.   School  improvement plan.  A 3 year local
 8    school improvement plan shall be developed and implemented at
 9    each  attendance  center.  This  plan   shall   reflect   the
10    overriding  purpose  of  the  attendance  center  to  improve
11    educational quality. The local school principal shall develop
12    a  school  improvement  plan  in  consultation with the local
13    school council, all categories of school staff,  parents  and
14    community  residents. Once the plan is developed, reviewed by
15    the professional personnel leadership committee, and approved
16    by and after the local school council has approved the  same,
17    the    principal   shall   be   responsible   for   directing
18    implementation of the plan,  and  the  local  school  council
19    shall  monitor  its implementation.  After the termination of
20    the initial 3 year plan, a new 3 year plan shall be developed
21    and modified as appropriate on an annual basis.
22        The school improvement plan shall be designed to  achieve
23    priority goals including but not limited to:
24             (a)  assuring   that   students   show   significant
25        progress  toward  meeting and exceeding State performance
26        standards in State mandated learning areas, including the
27        mastery of higher order thinking skills in these areas;
28             (b)  assuring that students attend school  regularly
29        and  graduate from school at such rates that the district
30        average equals or surpasses national norms;
31             (c)  assuring that students are adequately  prepared
32        for  and  aided  in  making  a  successful  transition to
33        further education and life experience;
 
                            -16-     LRB093 06325 NHT 06444 b
 1             (d)  assuring that students are adequately  prepared
 2        for  and  aided  in  making  a  successful  transition to
 3        employment; and
 4             (e)  assuring that  students  are,  to  the  maximum
 5        extent   possible,   provided   with  a  common  learning
 6        experience that is of  high  academic  quality  and  that
 7        reflects  high  expectations for all students' capacities
 8        to learn.
 9        With  respect  to  these  priority  goals,   the   school
10    improvement  plan  shall  include  but  not be limited to the
11    following:
12             (a)  an analysis of data collected in the attendance
13        center and community indicating  the  specific  strengths
14        and  weaknesses  of the attendance center in light of the
15        goals  specified  above,  including  data  and   analysis
16        specified  by  the State Board of Education pertaining to
17        specific measurable outcomes for student performance, the
18        attendance centers, and their instructional programs;
19             (b)  a description of specific annual objectives the
20        attendance center will  pursue  in  achieving  the  goals
21        specified above;
22             (c)  a  description  of  the specific activities the
23        attendance  center  will   undertake   to   achieve   its
24        objectives;
25             (d)  an analysis of the attendance center's staffing
26        pattern and material resources, and an explanation of how
27        the  attendance  center's  planned  staffing pattern, the
28        deployment of staff, and the use  of  material  resources
29        furthers the objectives of the plan;
30             (e)  a   description  of  the  key  assumptions  and
31        directions of the school's curriculum  and  the  academic
32        and  non-academic  programs of the attendance center, and
33        an explanation of how this curriculum and these  programs
34        further the goals and objectives of the plan;
 
                            -17-     LRB093 06325 NHT 06444 b
 1             (f)  a  description  of the steps that will be taken
 2        to enhance educational opportunities  for  all  students,
 3        regardless   of   gender,   including   limited   English
 4        proficient   students,   disabled   students,  low-income
 5        students and minority students;
 6             (g)  a description of any steps which may  be  taken
 7        by  the  attendance  center  to educate parents as to how
 8        they can assist  children  at  home  in  preparing  their
 9        children to learn effectively;
10             (h)  a  description  of  the  steps  the  attendance
11        center  will  take to coordinate its efforts with, and to
12        gain  the  participation  and   support   of,   community
13        residents,   business   organizations,  and  other  local
14        institutions and individuals;
15             (i)  a description of any staff development  program
16        for  all school staff and volunteers tied to the priority
17        goals, objectives, and activities specified in the plan;
18             (j)  a description of the  steps  the  local  school
19        council  will  undertake to monitor implementation of the
20        plan on an ongoing basis;
21             (k)  a  description  of  the  steps  the  attendance
22        center will take to ensure  that  teachers  have  working
23        conditions   that   provide  a  professional  environment
24        conducive to fulfilling their responsibilities;
25             (l)  a  description  of  the  steps  the  attendance
26        center  will  take  to  ensure  teachers  the  time   and
27        opportunity to incorporate new ideas and techniques, both
28        in  subject  matter  and  teaching skills, into their own
29        work;
30             (m)  a  description  of  the  steps  the  attendance
31        center  will  take  to  encourage  pride   and   positive
32        identification with the attendance center through various
33        athletic activities; and
34             (n)  a  description  of  the  student  need  for and
 
                            -18-     LRB093 06325 NHT 06444 b
 1        provision of services to special populations, beyond  the
 2        standard  school programs provided for students in grades
 3        K through 12 and  those  enumerated  in  the  categorical
 4        programs  cited  in  item  d of part 4 of Section 34-2.3,
 5        including  financial  costs  of  providing  same  and   a
 6        timeline   for   implementing   the  necessary  services,
 7        including but not limited, when applicable,  to  ensuring
 8        the  provisions  of  educational services to all eligible
 9        children aged 4 years for the  1990-91  school  year  and
10        thereafter,  reducing  class  size  to  State averages in
11        grades K-3 for the 1991-92 school year and thereafter and
12        in all grades for the 1993-94 school year and thereafter,
13        and providing sufficient staff and facility resources for
14        students not served in the regular classroom setting.
15        Based  on  the  analysis  of  data  collected  indicating
16    specific strengths and weaknesses of the  attendance  center,
17    the  school  improvement plan may place greater emphasis from
18    year to year on particular priority  goals,  objectives,  and
19    activities.
20    (Source: P.A. 88-686, eff. 1-24-95.)

21        (105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
22        Sec. 34-2.4a.  Professional personnel leadership advisory
23    committee.
24        (a)  At  each attendance center operated pursuant to this
25    Article,  a  professional   personnel   leadership   advisory
26    committee  consisting  of  (i)  7 members elected each school
27    year who  are  certified  classroom  teachers  or  and  other
28    certificated  personnel,  who  are employed at the attendance
29    center, and who desire to be members  of  the  committee  and
30    (ii)  the  2 teacher members of the local school council. The
31    teacher members of the local school council  shall  serve  as
32    co-chairs  of  the  committee,  or  one teacher member of the
33    local school council chosen by the committee shall  serve  as
 
                            -19-     LRB093 06325 NHT 06444 b
 1    chair of the committee.
 2        (b)  The  purpose  of  the  committee  is  to develop and
 3    formally present recommendations to  shall  be  elected  each
 4    school year for the purpose of advising the principal and the
 5    local  school  council on all matters of educational program,
 6    including  but  not  limited  to   curriculum,   and   school
 7    improvement  plan  development and implementation, and school
 8    budgeting.
 9        (c)  For the elected  committee  members,  the  principal
10    shall convene a publicized meeting of all certified classroom
11    teachers  and  other certificated personnel, at which meeting
12    those certified classroom  teachers  and  other  certificated
13    personnel  present,  excluding  the  principal,  shall  elect
14    members teachers and other certificated personnel to serve on
15    the  committee.  The  total  number  of  teachers  and  other
16    certificated   personnel  to  be  elected  to  serve  on  the
17    committee during the school year shall be determined  by  the
18    certified classroom teachers and other certificated personnel
19    present  at  the  meeting  at  which  the  teachers and other
20    certificated personnel are to  be  elected.  A  staff  member
21    eligible to vote may vote for 7 candidates in the election as
22    many  candidates as are to be elected, but votes shall not be
23    cumulated.  Ties shall be determined by lot.  Vacancies shall
24    be filled in like manner.
25        (d)  In furtherance of its purpose, the  committee  shall
26    have  the  authority  to gather information from school staff
27    through  interviews  or  questionnaires  without  the   prior
28    approval  of  the  principal,  the  local school council, the
29    board, the board's chief  executive  officer,  or  the  chief
30    executive officer's administrative staff.
31        The  committee shall meet once a month with the principal
32    to assist the principal in developing  the  specific  methods
33    and  contents  of  the  school's  curriculum,  as provided in
34    Section 34-8.1 of this Code, and to  make  other  educational
 
                            -20-     LRB093 06325 NHT 06444 b
 1    improvement  recommendations  approved  by  the  committee. A
 2    report from the committee regarding these matters shall be an
 3    agenda item at each  regular  meeting  of  the  local  school
 4    council.
 5        The  principal  shall  provide  the  committee  with  the
 6    opportunity  to review and make recommendations regarding the
 7    school  improvement  plan  and  school  budget.  The  teacher
 8    members of the  local  school  council  shall  bring  motions
 9    concerning  the  recommendations  approved  by the committee,
10    which motions shall formally be considered at meetings of the
11    local school council.
12    (Source: P.A. 85-1418; 86-1477.)

13        (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
14        Sec. 34-8.1.  Principals. Principals shall be employed to
15    supervise the operation of  each  attendance  center.   Their
16    powers  and  duties  shall  include but not be limited to the
17    authority (i) to direct,  supervise,  evaluate,  and  suspend
18    with  or  without  pay  or otherwise discipline all teachers,
19    assistant principals, and other  employees  assigned  to  the
20    attendance center in accordance with board rules and policies
21    and  (ii)  to  direct  all  other  persons  assigned  to  the
22    attendance  center  pursuant to a contract with a third party
23    to provide services to  the  school  system.   The  right  to
24    employ, discharge, and layoff shall be vested solely with the
25    board.   The principal shall fill positions by appointment as
26    provided in this Section and may make recommendations to  the
27    board  regarding  the employment, discharge, or layoff of any
28    individual.  The authority of the principal shall include the
29    authority to direct the hours  during  which  the  attendance
30    center  shall  be open and available for use provided the use
31    complies with board rules and policies, to determine when and
32    what operations shall be conducted within those hours, and to
33    schedule staff within those hours. Under  the  direction  of,
 
                            -21-     LRB093 06325 NHT 06444 b
 1    and  subject  to the authority of the principal, the Engineer
 2    In Charge shall  be  accountable  for  the  safe,  economical
 3    operation  of  the  plant  and  grounds  and  shall  also  be
 4    responsible  for  orientation,  training, and supervising the
 5    work of Engineers, Trainees, school  maintenance  assistants,
 6    custodial  workers  and other plant operation employees under
 7    his or her direction.
 8        There shall be established  by  the  board  a  system  of
 9    semi-annual  evaluations  conducted  by  the  principal as to
10    performance of the  engineer  in  charge.   Nothing  in  this
11    Section   shall   prevent   the   principal  from  conducting
12    additional evaluations.  An overall  numerical  rating  shall
13    be  given  by the principal based on the evaluation conducted
14    by the principal.  An unsatisfactory numerical  rating  shall
15    result  in  disciplinary  action,  which may include, without
16    limitation and in the judgment  of  the  principal,  loss  of
17    promotion or bidding procedure, reprimand, suspension with or
18    without  pay,  or  recommended  dismissal.   The  board shall
19    establish  procedures  for  conducting  the  evaluation   and
20    reporting the results to the engineer in charge.
21        Under  the direction of, and subject to the authority of,
22    the principal, the Food Service Manager is responsible at all
23    times for the proper operation and maintenance of  the  lunch
24    room  to  which  he is assigned and shall also be responsible
25    for the orientation, training, and supervising  the  work  of
26    cooks, bakers, porters, and lunchroom attendants under his or
27    her direction.
28        There  shall  be  established  by  the  Board a system of
29    semi-annual evaluations conducted by the principal as to  the
30    performance  of  the  food  service  manager. Nothing in this
31    Section  shall  prevent   the   principal   from   conducting
32    additional  evaluations. An overall numerical rating shall be
33    given by the principal based on the evaluation  conducted  by
34    the  principal.   An  unsatisfactory  numerical  rating shall
 
                            -22-     LRB093 06325 NHT 06444 b
 1    result in disciplinary  action  which  may  include,  without
 2    limitation  and  in  the  judgment  of the principal, loss of
 3    promotion or bidding procedure, reprimand, suspension with or
 4    without pay,  or  recommended  dismissal.   The  board  shall
 5    establish  rules  for conducting the evaluation and reporting
 6    the results to the food service manager.
 7        Nothing in this Section shall be interpreted  to  require
 8    the  employment  or  assignment of an Engineer-In-Charge or a
 9    Food Service Manager for each attendance center.
10        Principals shall be employed to supervise the educational
11    operation of each attendance center. If a principal is absent
12    due to extended illness or leave  or  absence,  an  assistant
13    principal  may  be  assigned as acting principal for a period
14    not to exceed 100 school days. Each  principal  shall  assume
15    administrative  responsibility  and instructional leadership,
16    in accordance with  reasonable rules and regulations  of  the
17    board,  for  the  planning,  operation  and evaluation of the
18    educational program of the attendance center to which  he  is
19    assigned.  The  principal shall submit recommendations to the
20    general superintendent concerning the appointment, dismissal,
21    retention,  promotion,  and  assignment  of   all   personnel
22    assigned  to  the  attendance center; provided, that from and
23    after September 1, 1989: (i)  if  any  vacancy  occurs  in  a
24    position  at the attendance center or if an additional or new
25    position is created at the attendance center,  that  position
26    shall  be  filled  by  appointment  made  by the principal in
27    accordance with procedures established and  provided  by  the
28    Board  whenever  the  majority of the duties included in that
29    position are to be performed at the attendance  center  which
30    is   under   the   principal's  supervision,  and  each  such
31    appointment so made by the principal shall be made and  based
32    upon  merit  and  ability to perform in that position without
33    regard to seniority or length of service, provided, that such
34    appointments shall be subject to  the  Board's  desegregation
 
                            -23-     LRB093 06325 NHT 06444 b
 1    obligations,  including but not limited to the Consent Decree
 2    and Desegregation Plan in U.S. v. Chicago Board of Education;
 3    (ii) the principal shall submit  recommendations  based  upon
 4    merit  and  ability  to  perform  in the particular position,
 5    without regard to seniority or  length  of  service,  to  the
 6    general  superintendent  concerning  the  appointment  of any
 7    teacher, teacher aide, counselor, clerk, hall guard, security
 8    guard and any other personnel which is  to  be  made  by  the
 9    general  superintendent  whenever less than a majority of the
10    duties of that teacher, teacher aide, counselor, clerk,  hall
11    guard,  and  security guard and any other personnel are to be
12    performed  at  the  attendance  center  which  is  under  the
13    principal's supervision; and (iii) subject  to  law  and  the
14    applicable  collective  bargaining  agreements, the authority
15    and responsibilities of  a  principal  with  respect  to  the
16    evaluation of all teachers and other personnel assigned to an
17    attendance  center shall commence immediately upon his or her
18    appointment as principal of the  attendance  center,  without
19    regard  to  the  length  of  time that he or she has been the
20    principal of that attendance center.
21        Notwithstanding the existence of any other  law  of  this
22    State,  nothing  in  this  Act  shall  prevent the board from
23    entering into a contract with  a  third  party  for  services
24    currently  performed  by  any  employee  or  bargaining  unit
25    member.
26        Notwithstanding any other provision of this Article, each
27    principal may approve contracts, binding on the board, in the
28    amount  of  no more than $10,000, if the contract is endorsed
29    by the Local School Council.
30        Unless otherwise prohibited by law  or  by  rule  of  the
31    board,  the  principal  shall provide to local school council
32    members copies of all internal audits and any other pertinent
33    information  generated  by  any  audits  or  reviews  of  the
34    programs and operation of the attendance center.
 
                            -24-     LRB093 06325 NHT 06444 b
 1        Each  principal  shall  hold   a   valid   administrative
 2    certificate issued or exchanged in accordance with Article 21
 3    and  endorsed as required by that Article for the position of
 4    principal.  The  board  may  establish  or  impose  academic,
 5    educational, examination,  and  experience  requirements  and
 6    criteria  that  are  in  addition  to  those  established and
 7    required by Article 21 for issuance of  a  valid  certificate
 8    endorsed  for the position of principal as a condition of the
 9    nomination, selection, appointment, employment, or  continued
10    employment of a person as principal of any attendance center,
11    or   as  a  condition  of  the  renewal  of  any  principal's
12    performance contract.
13        The board shall specify in its formal job description for
14    principals, and from and after July 1, 1990 shall specify  in
15    the  4 year performance contracts for use with respect to all
16    principals, that his or her primary responsibility is in  the
17    improvement  of instruction.  A majority of the time spent by
18    a  principal  shall  be  spent  on   curriculum   and   staff
19    development  through  both  formal  and  informal activities,
20    establishing clear lines of  communication  regarding  school
21    goals,  accomplishments,  practices and policies with parents
22    and teachers.  The principal,  with  the  assistance  of  the
23    local school council, shall develop a school improvement plan
24    as  provided in Section 34-2.4 and, upon approval of the plan
25    by  the  local  school  council,  shall  be  responsible  for
26    directing implementation of the plan. The principal, with the
27    assistance of the professional personnel leadership  Advisory
28    committee, shall develop the specific methods and contents of
29    the   school's  curriculum  within  the  board's  system-wide
30    curriculum standards and objectives and the  requirements  of
31    the  school improvement plan. The board shall ensure that all
32    principals are evaluated on  their  instructional  leadership
33    ability  and  their  ability to maintain a positive education
34    and learning climate.  It shall also be the responsibility of
 
                            -25-     LRB093 06325 NHT 06444 b
 1    the principal to utilize resources of proper law  enforcement
 2    agencies when the safety and welfare of students and teachers
 3    are  threatened  by  illegal  use  of  drugs  and alcohol, by
 4    illegal use or possession of  weapons,  or  by  illegal  gang
 5    activity.
 6        On  or before October 1, 1989, the Board of Education, in
 7    consultation with any professional organization  representing
 8    principals  in  the  district,  shall  promulgate  rules  and
 9    implement  a lottery for the purpose of determining whether a
10    principal's  existing  performance  contract  (including  the
11    performance contract applicable to any  principal's  position
12    in  which  a vacancy then exists) expires on June 30, 1990 or
13    on June 30, 1991, and whether the ensuing 4 year  performance
14    contract begins on July 1, 1990 or July 1, 1991. The Board of
15    Education  shall  establish  and  conduct the lottery in such
16    manner that of all the performance  contracts  of  principals
17    (including   the  performance  contracts  applicable  to  all
18    principal positions in which a vacancy then exists),  50%  of
19    such  contracts  shall expire on June 30, 1990, and 50% shall
20    expire on June 30, 1991. All persons serving as principal  on
21    May 1, 1989, and all persons appointed as principal after May
22    1,  1989  and  prior  to  July  1, 1990 or July 1, 1991, in a
23    manner other than as provided by  Section  34-2.3,  shall  be
24    deemed  by operation of law to be serving under a performance
25    contract which expires on June 30, 1990 or June 30, 1991; and
26    unless such performance contract of  any  such  principal  is
27    renewed  (or  such  person  is  again  appointed  to serve as
28    principal) in  the  manner  provided  by  Section  34-2.2  or
29    34-2.3,  the  employment  of  such  person as principal shall
30    terminate on June 30, 1990 or June 30, 1991.
31        Commencing on July 1, 1990,  or  on  July  1,  1991,  and
32    thereafter,  the principal of each attendance center shall be
33    the person selected in the manner provided by Section  34-2.3
34    to  serve  as  principal  of that attendance center under a 4
 
                            -26-     LRB093 06325 NHT 06444 b
 1    year performance  contract.   All  performance  contracts  of
 2    principals  expiring  after  July  1,  1990, or July 1, 1991,
 3    shall commence on the date specified in the contract, and the
 4    renewal of their performance contracts and the appointment of
 5    principals when their performance contracts are  not  renewed
 6    shall  be governed by Sections 34-2.2 and 34-2.3.  Whenever a
 7    vacancy in the office of a principal occurs for  any  reason,
 8    the  vacancy  shall  be  filled  by  the  selection  of a new
 9    principal to serve under a 4 year performance contract in the
10    manner provided by Section 34-2.3.
11        The board of education  shall  develop  and  prepare,  in
12    consultation with the organization representing principals, a
13    performance  contract  for use at all attendance centers, and
14    shall furnish the same to each  local  school  council.   The
15    term of the performance contract shall be 4 years, unless the
16    principal  is  retained  by the decision of a hearing officer
17    pursuant to subdivision 1.5 of Section 34-2.3, in which  case
18    the contract shall be extended for 2 years.   The performance
19    contract  of  each  principal  shall  consist  of the uniform
20    performance contract, as  developed  or  from  time  to  time
21    modified  by  the  board, and such additional criteria as are
22    established by a local school  council  pursuant  to  Section
23    34-2.3 for the performance contract of its principal.
24        During  the  term  of  his or her performance contract, a
25    principal  may  be  removed  only  as  provided  for  in  the
26    performance contract except for cause.  He or she shall  also
27    be  obliged  to  follow  the  rules of the board of education
28    concerning conduct and efficiency.
29        In the event the performance contract of a  principal  is
30    not  renewed  or  a principal is not reappointed as principal
31    under a new performance contract, or in the event a principal
32    is appointed to any  position  of  superintendent  or  higher
33    position,  or  voluntarily resigns his position of principal,
34    his or her employment as a principal shall terminate and such
 
                            -27-     LRB093 06325 NHT 06444 b
 1    former principal shall not be reinstated to the position from
 2    which he or she was promoted to principal, except that he  or
 3    she,  if otherwise qualified and certified in accordance with
 4    Article 21, shall be  placed  by  the  board  on  appropriate
 5    eligibility lists which it prepares for use in the filling of
 6    vacant or additional or newly created positions for teachers.
 7    The principal's total years of service to the board as both a
 8    teacher and a principal, or in other professional capacities,
 9    shall be used in calculating years of experience for purposes
10    of being selected as a teacher into new, additional or vacant
11    positions.
12        In  the  event the performance contract of a principal is
13    not renewed or a principal is not  reappointed  as  principal
14    under  a  new  performance  contract, such principal shall be
15    eligible  to  continue  to  receive  his  or  her  previously
16    provided level of health insurance benefits for a  period  of
17    90  days  following  the  non-renewal  of  the contract at no
18    expense to the principal, provided that  such  principal  has
19    not retired.
20    (Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)

21        Section 99. Effective date. This Act takes effect on July
22    1, 2003.