093_HB1235enr

 
HB1235 Enrolled                      LRB093 06325 NHT 06444 b

 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 and local school council
30    shall report publicly on progress and problems  with  respect
31    to plan implementation.
32        8.  To  evaluate the allocation of teaching resources and
33    other certificated and uncertificated staff to the attendance
34    center to determine whether  such  allocation  is  consistent
 
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 1    with  and  in  furtherance  of  instructional  objectives and
 2    school programs reflective of  the  school  improvement  plan
 3    adopted    for   the   attendance   center;   and   to   make
 4    recommendations to the board, the general superintendent  and
 5    the   principal   concerning  any  reallocation  of  teaching
 6    resources or other staff whenever the council determines that
 7    any   such   reallocation   is   appropriate   because    the
 8    qualifications of any existing staff at the attendance center
 9    do  not  adequately match or support instructional objectives
10    or school programs which reflect the school improvement plan.
11        9.  To make recommendations  to  the  principal  and  the
12    general    superintendent    concerning    their   respective
13    appointments, after  August  31,  1989,  and  in  the  manner
14    provided  by  Section  34-8 and Section 34-8.1, of persons to
15    fill any vacant, additional or newly  created  positions  for
16    teachers  at  the  attendance center or at attendance centers
17    which include the  attendance  center  served  by  the  local
18    school council.
19        10.  To request of the Board the manner in which training
20    and assistance shall be provided to the local school council.
21    Pursuant  to  Board  guidelines  a  local  school  council is
22    authorized to direct the Board of Education to contract  with
23    personnel or not-for-profit organizations not associated with
24    the  school  district to train or assist council members.  If
25    training or assistance is provided by contract with personnel
26    or organizations not associated with the school district, the
27    period of training or assistance shall not  exceed  30  hours
28    during a given school year; person shall not be employed on a
29    continuous  basis  longer than said period and shall not have
30    been employed by the Chicago Board of  Education  within  the
31    preceding six months.  Council members shall receive training
32    in at least the following areas:
33             1.  school budgets;
34             2.  educational  theory  pertinent to the attendance
 
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 1        center's particular needs, including the  development  of
 2        the   school   improvement   plan   and  the  principal's
 3        performance contract; and
 4             3.  personnel selection.
 5    Council members  shall,  to  the  greatest  extent  possible,
 6    complete such training within 90 days of election.
 7        11.  In  accordance  with systemwide guidelines contained
 8    in the System-Wide Educational Reform  Goals  and  Objectives
 9    Plan,   criteria  for  evaluation  of  performance  shall  be
10    established  for  local  school  councils  and  local  school
11    council members.  If  a  local  school  council  persists  in
12    noncompliance  with  systemwide  requirements,  the Board may
13    impose  sanctions  and  take  necessary  corrective   action,
14    consistent with Section 34-8.3.
15        12.  Each local school council shall comply with the Open
16    Meetings  Act and the Freedom of Information Act.  Each local
17    school  council  shall  issue  and  transmit  to  its  school
18    community  a  detailed  annual  report  accounting  for   its
19    activities  programmatically  and  financially.   Each  local
20    school  council  shall  convene  at  least  2 well-publicized
21    meetings annually with its entire  school  community.   These
22    meetings  shall  include  presentation  of the proposed local
23    school improvement plan, of the proposed  school  expenditure
24    plan, and the annual report, and shall provide an opportunity
25    for public comment.
26        13.  Each  local  school council is encouraged to involve
27    additional non-voting members  of  the  school  community  in
28    facilitating the council's exercise of its responsibilities.
29        14.  The  local school council may adopt a school uniform
30    or dress code policy that governs the attendance  center  and
31    that is necessary to maintain the orderly process of a school
32    function or prevent endangerment of student health or safety,
33    consistent  with  the  policies  and  rules  of  the Board of
34    Education. A school uniform or dress code policy adopted by a
 
HB1235 Enrolled            -14-      LRB093 06325 NHT 06444 b
 1    local school council: (i) shall not be applied in such manner
 2    as to discipline or deny attendance to a transfer student  or
 3    any  other  student for noncompliance with that policy during
 4    such period of time as is reasonably necessary to enable  the
 5    student  to acquire a school uniform or otherwise comply with
 6    the dress code policy that is in  effect  at  the  attendance
 7    center  into  which  the student's enrollment is transferred;
 8    and (ii) shall include criteria and procedures under    which
 9    the  local  school  council  will accommodate the needs of or
10    otherwise provide appropriate resources to assist  a  student
11    from  an  indigent  family  in  complying  with an applicable
12    school uniform or dress code policy. A student whose  parents
13    or  legal  guardians  object  on  religious  grounds  to  the
14    student's  compliance  with  an  applicable school uniform or
15    dress code policy shall not be required to comply  with  that
16    policy if the student's parents or legal guardians present to
17    the  local  school  council  a  signed statement of objection
18    detailing the grounds for the objection.
19        15.  All decisions made and actions taken  by  the  local
20    school council in the exercise of its powers and duties shall
21    comply with State and federal laws, all applicable collective
22    bargaining   agreements,  court  orders  and  rules  properly
23    promulgated by the Board.
24        15a.  To  grant,  in  accordance  with  board  rules  and
25    policies, the use of assembly halls and classrooms  when  not
26    otherwise  needed,  including lighting, heat, and attendants,
27    for public lectures,  concerts,  and  other  educational  and
28    social activities.
29        15b.  To  approve,  in  accordance  with  board rules and
30    policies, receipts and expenditures for all internal accounts
31    of the attendance center, and  to  approve  all  fund-raising
32    activities  by  nonschool  organizations  that use the school
33    building.
34        16.  (Blank).
 
HB1235 Enrolled            -15-      LRB093 06325 NHT 06444 b
 1        17.  Names and addresses of local school council  members
 2    shall be a matter of public record.
 3    (Source:  P.A.  90-14,  eff.  7-1-97;  91-622,  eff. 8-19-99;
 4    91-728, eff. 6-2-00.)

 5        (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
 6        Sec. 34-2.4.  School improvement plan.  A  3  year  local
 7    school improvement plan shall be developed and implemented at
 8    each   attendance   center.   This  plan  shall  reflect  the
 9    overriding  purpose  of  the  attendance  center  to  improve
10    educational quality. The local school principal shall develop
11    a school improvement plan  in  consultation  with  the  local
12    school  council,  all categories of school staff, parents and
13    community residents. Once the plan is developed, reviewed  by
14    the professional personnel leadership committee, and approved
15    by  and after the local school council has approved the same,
16    the   principal   shall   be   responsible   for    directing
17    implementation  of  the  plan,  and  the local school council
18    shall monitor its implementation.  After the  termination  of
19    the initial 3 year plan, a new 3 year plan shall be developed
20    and modified as appropriate on an annual basis.
21        The  school improvement plan shall be designed to achieve
22    priority goals including but not limited to:
23             (a)  assuring   that   students   show   significant
24        progress toward meeting and exceeding  State  performance
25        standards in State mandated learning areas, including the
26        mastery of higher order thinking skills in these areas;
27             (b)  assuring  that students attend school regularly
28        and graduate from school at such rates that the  district
29        average equals or surpasses national norms;
30             (c)  assuring  that students are adequately prepared
31        for and  aided  in  making  a  successful  transition  to
32        further education and life experience;
33             (d)  assuring  that students are adequately prepared
 
HB1235 Enrolled            -16-      LRB093 06325 NHT 06444 b
 1        for and  aided  in  making  a  successful  transition  to
 2        employment; and
 3             (e)  assuring  that  students  are,  to  the maximum
 4        extent  possible,  provided  with   a   common   learning
 5        experience  that  is  of  high  academic quality and that
 6        reflects high expectations for all  students'  capacities
 7        to learn.
 8        With   respect   to  these  priority  goals,  the  school
 9    improvement plan shall include but  not  be  limited  to  the
10    following:
11             (a)  an analysis of data collected in the attendance
12        center  and  community  indicating the specific strengths
13        and weaknesses of the attendance center in light  of  the
14        goals   specified  above,  including  data  and  analysis
15        specified by the State Board of Education  pertaining  to
16        specific measurable outcomes for student performance, the
17        attendance centers, and their instructional programs;
18             (b)  a description of specific annual objectives the
19        attendance  center  will  pursue  in  achieving the goals
20        specified above;
21             (c)  a description of the  specific  activities  the
22        attendance   center   will   undertake   to  achieve  its
23        objectives;
24             (d)  an analysis of the attendance center's staffing
25        pattern and material resources, and an explanation of how
26        the attendance center's  planned  staffing  pattern,  the
27        deployment  of  staff,  and the use of material resources
28        furthers the objectives of the plan;
29             (e)  a  description  of  the  key  assumptions   and
30        directions  of  the  school's curriculum and the academic
31        and non-academic programs of the attendance  center,  and
32        an  explanation of how this curriculum and these programs
33        further the goals and objectives of the plan;
34             (f)  a description of the steps that will  be  taken
 
HB1235 Enrolled            -17-      LRB093 06325 NHT 06444 b
 1        to  enhance  educational  opportunities for all students,
 2        regardless   of   gender,   including   limited   English
 3        proficient  students,   disabled   students,   low-income
 4        students and minority students;
 5             (g)  a  description  of any steps which may be taken
 6        by the attendance center to educate  parents  as  to  how
 7        they  can  assist  children  at  home  in preparing their
 8        children to learn effectively;
 9             (h)  a  description  of  the  steps  the  attendance
10        center will take to coordinate its efforts with,  and  to
11        gain   the   participation   and  support  of,  community
12        residents,  business  organizations,  and   other   local
13        institutions and individuals;
14             (i)  a  description of any staff development program
15        for all school staff and volunteers tied to the  priority
16        goals, objectives, and activities specified in the plan;
17             (j)  a  description  of  the  steps the local school
18        council will undertake to monitor implementation  of  the
19        plan on an ongoing basis;
20             (k)  a  description  of  the  steps  the  attendance
21        center  will  take  to  ensure that teachers have working
22        conditions  that  provide  a   professional   environment
23        conducive to fulfilling their responsibilities;
24             (l)  a  description  of  the  steps  the  attendance
25        center   will  take  to  ensure  teachers  the  time  and
26        opportunity to incorporate new ideas and techniques, both
27        in subject matter and teaching  skills,  into  their  own
28        work;
29             (m)  a  description  of  the  steps  the  attendance
30        center   will   take  to  encourage  pride  and  positive
31        identification with the attendance center through various
32        athletic activities; and
33             (n)  a description  of  the  student  need  for  and
34        provision  of services to special populations, beyond the
 
HB1235 Enrolled            -18-      LRB093 06325 NHT 06444 b
 1        standard school programs provided for students in  grades
 2        K  through  12  and  those  enumerated in the categorical
 3        programs cited in item d of part  4  of  Section  34-2.3,
 4        including   financial  costs  of  providing  same  and  a
 5        timeline  for  implementing   the   necessary   services,
 6        including  but  not limited, when applicable, to ensuring
 7        the provisions of educational services  to  all  eligible
 8        children  aged  4  years  for the 1990-91 school year and
 9        thereafter, reducing class  size  to  State  averages  in
10        grades K-3 for the 1991-92 school year and thereafter and
11        in all grades for the 1993-94 school year and thereafter,
12        and providing sufficient staff and facility resources for
13        students not served in the regular classroom setting.
14        Based  on  the  analysis  of  data  collected  indicating
15    specific  strengths  and weaknesses of the attendance center,
16    the school improvement plan may place greater  emphasis  from
17    year  to  year  on particular priority goals, objectives, and
18    activities.
19    (Source: P.A. 88-686, eff. 1-24-95.)

20        (105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a)
21        Sec. 34-2.4a.  Professional personnel leadership advisory
22    committee.
23        (a)  At each attendance center operated pursuant to  this
24    Article,   a   professional   personnel  leadership  advisory
25    committee consisting of (i) up  to  7  members  elected  each
26    school year who are certified classroom teachers or and other
27    certificated  personnel,  who  are employed at the attendance
28    center, and who desire to be members  of  the  committee  and
29    (ii)  the  2 teacher members of the local school council. The
30    teacher members of the local school council  shall  serve  as
31    co-chairs  of  the  committee,  or  one teacher member of the
32    local school council chosen by the committee shall  serve  as
33    chair  of  the  committee. The size of the committee shall be
 
HB1235 Enrolled            -19-      LRB093 06325 NHT 06444 b
 1    determined by the  certified  classroom  teachers  and  other
 2    certificated  personnel  at  the attendance center, including
 3    the principal.
 4        (b)  The purpose of  the  committee  is  to  develop  and
 5    formally  present  recommendations  to  shall be elected each
 6    school year for the purpose of advising the principal and the
 7    local school council on all matters of  educational  program,
 8    including   but   not   limited  to  curriculum,  and  school
 9    improvement plan development and implementation,  and  school
10    budgeting.
11        (c)  For  the  elected  committee  members, the principal
12    shall convene a publicized meeting of all certified classroom
13    teachers and other certificated personnel, at  which  meeting
14    those  certified  classroom  teachers  and other certificated
15    personnel  present,  excluding  the  principal,  shall  elect
16    members teachers and other certificated personnel to serve on
17    the  committee.  The  total  number  of  teachers  and  other
18    certificated  personnel  to  be  elected  to  serve  on   the
19    committee  during  the school year shall be determined by the
20    certified classroom teachers and other certificated personnel
21    present at the  meeting  at  which  the  teachers  and  other
22    certificated  personnel  are  to  be  elected. A staff member
23    eligible to vote may vote for the same number  of  candidates
24    in  the  election  as  the number of members to be elected as
25    many candidates as are to be elected, but votes shall not  be
26    cumulated.  Ties shall be determined by lot.  Vacancies shall
27    be filled in like manner.
28        (d)  All committee meetings shall be held before or after
29    school with no loss of instructional time. Committee  members
30    shall   receive  no  compensation  for  their  activities  as
31    committee members.
32        (e)  In furtherance of its purpose, the  committee  shall
33    have  the  authority  to gather information from school staff
34    through interviews, on  noninstructional  time,  without  the
 
HB1235 Enrolled            -20-      LRB093 06325 NHT 06444 b
 1    prior  approval  of  the principal, the local school council,
 2    the board, the board's chief executive officer, or the  chief
 3    executive officer's administrative staff.
 4        The  committee shall meet once a month with the principal
 5    to  make  recommendations  to  the  principal  regarding  the
 6    specific methods and contents of the school's curriculum  and
 7    to   make   other   educational  improvement  recommendations
 8    approved by  the  committee.  A  report  from  the  committee
 9    regarding these matters may be an agenda item at each regular
10    meeting of the local school council.
11        The  principal  shall  provide  the  committee  with  the
12    opportunity  to review and make recommendations regarding the
13    school  improvement  plan  and  school  budget.  The  teacher
14    members  of  the  local  school  council  may  bring  motions
15    concerning the recommendations  approved  by  the  committee,
16    which motions shall formally be considered at meetings of the
17    local school council.
18    (Source: P.A. 85-1418; 86-1477.)

19        (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
20        Sec. 34-8.1.  Principals. Principals shall be employed to
21    supervise  the  operation  of  each attendance center.  Their
22    powers and duties shall include but not  be  limited  to  the
23    authority  (i)  to  direct,  supervise, evaluate, and suspend
24    with or without pay or  otherwise  discipline  all  teachers,
25    assistant  principals,  and  other  employees assigned to the
26    attendance center in accordance with board rules and policies
27    and  (ii)  to  direct  all  other  persons  assigned  to  the
28    attendance center pursuant to a contract with a  third  party
29    to  provide  services  to  the  school  system.  The right to
30    employ, discharge, and layoff shall be vested solely with the
31    board.  The principal shall fill positions by appointment  as
32    provided  in this Section and may make recommendations to the
33    board regarding the employment, discharge, or layoff  of  any
 
HB1235 Enrolled            -21-      LRB093 06325 NHT 06444 b
 1    individual.  The authority of the principal shall include the
 2    authority  to  direct  the  hours during which the attendance
 3    center shall be open and available for use provided  the  use
 4    complies with board rules and policies, to determine when and
 5    what operations shall be conducted within those hours, and to
 6    schedule  staff  within  those hours. Under the direction of,
 7    and subject to the authority of the principal,  the  Engineer
 8    In  Charge  shall  be  accountable  for  the safe, economical
 9    operation  of  the  plant  and  grounds  and  shall  also  be
10    responsible for orientation, training,  and  supervising  the
11    work  of  Engineers, Trainees, school maintenance assistants,
12    custodial workers and other plant operation  employees  under
13    his or her direction.
14        There  shall  be  established  by  the  board a system of
15    semi-annual evaluations conducted  by  the  principal  as  to
16    performance  of  the  engineer  in  charge.   Nothing in this
17    Section  shall  prevent   the   principal   from   conducting
18    additional  evaluations.   An overall  numerical rating shall
19    be given by the principal based on the  evaluation  conducted
20    by  the  principal.  An unsatisfactory numerical rating shall
21    result in disciplinary action,  which  may  include,  without
22    limitation  and  in  the  judgment  of the principal, loss of
23    promotion or bidding procedure, reprimand, suspension with or
24    without pay,  or  recommended  dismissal.   The  board  shall
25    establish   procedures  for  conducting  the  evaluation  and
26    reporting the results to the engineer in charge.
27        Under the direction of, and subject to the authority  of,
28    the principal, the Food Service Manager is responsible at all
29    times  for  the proper operation and maintenance of the lunch
30    room to which he is assigned and shall  also  be  responsible
31    for  the  orientation,  training, and supervising the work of
32    cooks, bakers, porters, and lunchroom attendants under his or
33    her direction.
34        There shall be established  by  the  Board  a  system  of
 
HB1235 Enrolled            -22-      LRB093 06325 NHT 06444 b
 1    semi-annual  evaluations conducted by the principal as to the
 2    performance of the food  service  manager.  Nothing  in  this
 3    Section   shall   prevent   the   principal  from  conducting
 4    additional evaluations. An overall numerical rating shall  be
 5    given  by  the principal based on the evaluation conducted by
 6    the principal.   An  unsatisfactory  numerical  rating  shall
 7    result  in  disciplinary  action  which  may include, without
 8    limitation and in the judgment  of  the  principal,  loss  of
 9    promotion or bidding procedure, reprimand, suspension with or
10    without  pay,  or  recommended  dismissal.   The  board shall
11    establish rules for conducting the evaluation  and  reporting
12    the results to the food service manager.
13        Nothing  in  this Section shall be interpreted to require
14    the employment or assignment of an  Engineer-In-Charge  or  a
15    Food Service Manager for each attendance center.
16        Principals shall be employed to supervise the educational
17    operation of each attendance center. If a principal is absent
18    due  to  extended  illness  or leave or absence, an assistant
19    principal may be assigned as acting principal  for  a  period
20    not  to  exceed  100 school days. Each principal shall assume
21    administrative responsibility and  instructional  leadership,
22    in  accordance  with  reasonable rules and regulations of the
23    board, for the planning,  operation  and  evaluation  of  the
24    educational  program  of the attendance center to which he is
25    assigned. The principal shall submit recommendations  to  the
26    general superintendent concerning the appointment, dismissal,
27    retention,   promotion,   and  assignment  of  all  personnel
28    assigned to the attendance center; provided,  that  from  and
29    after  September  1,  1989:  (i)  if  any vacancy occurs in a
30    position at the attendance center or if an additional or  new
31    position  is  created at the attendance center, that position
32    shall be filled by  appointment  made  by  the  principal  in
33    accordance  with  procedures  established and provided by the
34    Board whenever the majority of the duties  included  in  that
 
HB1235 Enrolled            -23-      LRB093 06325 NHT 06444 b
 1    position  are  to be performed at the attendance center which
 2    is  under  the  principal's  supervision,   and   each   such
 3    appointment  so made by the principal shall be made and based
 4    upon merit and ability to perform in  that  position  without
 5    regard to seniority or length of service, provided, that such
 6    appointments  shall  be  subject to the Board's desegregation
 7    obligations, including but not limited to the Consent  Decree
 8    and Desegregation Plan in U.S. v. Chicago Board of Education;
 9    (ii)  the  principal  shall submit recommendations based upon
10    merit and ability to  perform  in  the  particular  position,
11    without  regard  to  seniority  or  length of service, to the
12    general superintendent  concerning  the  appointment  of  any
13    teacher, teacher aide, counselor, clerk, hall guard, security
14    guard  and  any  other  personnel  which is to be made by the
15    general superintendent whenever less than a majority  of  the
16    duties  of that teacher, teacher aide, counselor, clerk, hall
17    guard, and security guard and any other personnel are  to  be
18    performed  at  the  attendance  center  which  is  under  the
19    principal's  supervision;  and  (iii)  subject to law and the
20    applicable collective bargaining  agreements,  the  authority
21    and  responsibilities  of  a  principal  with  respect to the
22    evaluation of all teachers and other personnel assigned to an
23    attendance center shall commence immediately upon his or  her
24    appointment  as  principal  of the attendance center, without
25    regard to the length of time that he  or  she  has  been  the
26    principal of that attendance center.
27        Notwithstanding  the  existence  of any other law of this
28    State, nothing in this  Act  shall  prevent  the  board  from
29    entering  into  a  contract  with  a third party for services
30    currently  performed  by  any  employee  or  bargaining  unit
31    member.
32        Notwithstanding any other provision of this Article, each
33    principal may approve contracts, binding on the board, in the
34    amount of no more than $10,000, if the contract  is  endorsed
 
HB1235 Enrolled            -24-      LRB093 06325 NHT 06444 b
 1    by the Local School Council.
 2        Unless  otherwise  prohibited  by  law  or by rule of the
 3    board, the principal shall provide to  local  school  council
 4    members copies of all internal audits and any other pertinent
 5    information  generated  by  any  audits  or  reviews  of  the
 6    programs and operation of the attendance center.
 7        Each   principal   shall   hold  a  valid  administrative
 8    certificate issued or exchanged in accordance with Article 21
 9    and endorsed as required by that Article for the position  of
10    principal.  The  board  may  establish  or  impose  academic,
11    educational,  examination,  and  experience  requirements and
12    criteria that  are  in  addition  to  those  established  and
13    required  by  Article  21 for issuance of a valid certificate
14    endorsed for the position of principal as a condition of  the
15    nomination,  selection, appointment, employment, or continued
16    employment of a person as principal of any attendance center,
17    or  as  a  condition  of  the  renewal  of  any   principal's
18    performance contract.
19        The board shall specify in its formal job description for
20    principals,  and from and after July 1, 1990 shall specify in
21    the 4 year performance contracts for use with respect to  all
22    principals,  that his or her primary responsibility is in the
23    improvement of instruction.  A majority of the time spent  by
24    a   principal   shall   be  spent  on  curriculum  and  staff
25    development through  both  formal  and  informal  activities,
26    establishing  clear  lines  of communication regarding school
27    goals, accomplishments, practices and policies  with  parents
28    and  teachers.    The  principal,  with the assistance of the
29    local school council, shall develop a school improvement plan
30    as provided in Section 34-2.4 and, upon approval of the  plan
31    by  the  local  school  council,  shall  be  responsible  for
32    directing implementation of the plan. The principal, with the
33    assistance  of the professional personnel leadership Advisory
34    committee, shall develop the specific methods and contents of
 
HB1235 Enrolled            -25-      LRB093 06325 NHT 06444 b
 1    the  school's  curriculum  within  the  board's   system-wide
 2    curriculum  standards  and objectives and the requirements of
 3    the school improvement plan. The board shall ensure that  all
 4    principals  are  evaluated  on their instructional leadership
 5    ability and their ability to maintain  a  positive  education
 6    and learning climate.  It shall also be the responsibility of
 7    the  principal to utilize resources of proper law enforcement
 8    agencies when the safety and welfare of students and teachers
 9    are threatened by  illegal  use  of  drugs  and  alcohol,  by
10    illegal  use  or  possession  of  weapons, or by illegal gang
11    activity.
12        On or before October 1, 1989, the Board of Education,  in
13    consultation  with any professional organization representing
14    principals  in  the  district,  shall  promulgate  rules  and
15    implement a lottery for the purpose of determining whether  a
16    principal's  existing  performance  contract  (including  the
17    performance  contract  applicable to any principal's position
18    in which a vacancy then exists) expires on June 30,  1990  or
19    on  June 30, 1991, and whether the ensuing 4 year performance
20    contract begins on July 1, 1990 or July 1, 1991. The Board of
21    Education shall establish and conduct  the  lottery  in  such
22    manner  that  of  all the performance contracts of principals
23    (including  the  performance  contracts  applicable  to   all
24    principal  positions  in which a vacancy then exists), 50% of
25    such contracts shall expire on June 30, 1990, and  50%  shall
26    expire  on June 30, 1991. All persons serving as principal on
27    May 1, 1989, and all persons appointed as principal after May
28    1, 1989 and prior to July 1, 1990  or  July  1,  1991,  in  a
29    manner  other  than  as  provided by Section 34-2.3, shall be
30    deemed by operation of law to be serving under a  performance
31    contract which expires on June 30, 1990 or June 30, 1991; and
32    unless  such  performance  contract  of any such principal is
33    renewed (or such  person  is  again  appointed  to  serve  as
34    principal)  in  the  manner  provided  by  Section  34-2.2 or
 
HB1235 Enrolled            -26-      LRB093 06325 NHT 06444 b
 1    34-2.3, the employment of  such  person  as  principal  shall
 2    terminate on June 30, 1990 or June 30, 1991.
 3        Commencing  on  July  1,  1990,  or  on July 1, 1991, and
 4    thereafter, the principal of each attendance center shall  be
 5    the  person selected in the manner provided by Section 34-2.3
 6    to serve as principal of that attendance  center  under  a  4
 7    year  performance  contract.   All  performance  contracts of
 8    principals expiring after July 1,  1990,  or  July  1,  1991,
 9    shall commence on the date specified in the contract, and the
10    renewal of their performance contracts and the appointment of
11    principals  when  their performance contracts are not renewed
12    shall be governed by Sections 34-2.2 and 34-2.3.  Whenever  a
13    vacancy  in  the office of a principal occurs for any reason,
14    the vacancy shall  be  filled  by  the  selection  of  a  new
15    principal to serve under a 4 year performance contract in the
16    manner provided by Section 34-2.3.
17        The  board  of  education  shall  develop and prepare, in
18    consultation with the organization representing principals, a
19    performance contract for use at all attendance  centers,  and
20    shall  furnish  the  same  to each local school council.  The
21    term of the performance contract shall be 4 years, unless the
22    principal is retained by the decision of  a  hearing  officer
23    pursuant  to subdivision 1.5 of Section 34-2.3, in which case
24    the contract shall be extended for 2 years.   The performance
25    contract of each  principal  shall  consist  of  the  uniform
26    performance  contract,  as  developed  or  from  time to time
27    modified by the board, and such additional  criteria  as  are
28    established  by  a  local  school council pursuant to Section
29    34-2.3 for the performance contract of its principal.
30        During the term of his or  her  performance  contract,  a
31    principal  may  be  removed  only  as  provided  for  in  the
32    performance  contract except for cause.  He or she shall also
33    be obliged to follow the rules  of  the  board  of  education
34    concerning conduct and efficiency.
 
HB1235 Enrolled            -27-      LRB093 06325 NHT 06444 b
 1        In  the  event the performance contract of a principal is
 2    not renewed or a principal is not  reappointed  as  principal
 3    under a new performance contract, or in the event a principal
 4    is  appointed  to  any  position  of superintendent or higher
 5    position, or voluntarily resigns his position  of  principal,
 6    his or her employment as a principal shall terminate and such
 7    former principal shall not be reinstated to the position from
 8    which  he or she was promoted to principal, except that he or
 9    she, if otherwise qualified and certified in accordance  with
10    Article  21,  shall  be  placed  by  the board on appropriate
11    eligibility lists which it prepares for use in the filling of
12    vacant or additional or newly created positions for teachers.
13    The principal's total years of service to the board as both a
14    teacher and a principal, or in other professional capacities,
15    shall be used in calculating years of experience for purposes
16    of being selected as a teacher into new, additional or vacant
17    positions.
18        In the event the performance contract of a  principal  is
19    not  renewed  or  a principal is not reappointed as principal
20    under a new performance contract,  such  principal  shall  be
21    eligible  to  continue  to  receive  his  or  her  previously
22    provided  level  of health insurance benefits for a period of
23    90 days following the  non-renewal  of  the  contract  at  no
24    expense  to  the  principal, provided that such principal has
25    not retired.
26    (Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.)

27        Section 99. Effective date. This Act takes effect on July
28    1, 2003.