103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5008

 

Introduced 2/8/2024, by Rep. Mary Gill

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-2.3  from Ch. 122, par. 34-2.3

    Amends the Chicago School District Article of the School Code. Provides that a local school council shall have and exercise the power and duty to contract with the Chicago Police Department to have police officers or school resource officers on school grounds. Effective immediately.


LRB103 37221 RJT 67340 b

 

 

A BILL FOR

 

HB5008LRB103 37221 RJT 67340 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
534-2.3 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.
8Each local school council shall have and exercise, consistent
9with the provisions of this Article and the powers and duties
10of the board of education, the following powers and duties:
11    1. (A) To annually evaluate the performance of the
12principal of the attendance center using a Board approved
13principal evaluation form, which shall include the evaluation
14of (i) student academic improvement, as defined by the school
15improvement plan, (ii) student absenteeism rates at the
16school, (iii) instructional leadership, (iv) the effective
17implementation of programs, policies, or strategies to improve
18student academic achievement, (v) school management, and (vi)
19any other factors deemed relevant by the local school council,
20including, without limitation, the principal's communication
21skills and ability to create and maintain a student-centered
22learning environment, to develop opportunities for
23professional development, and to encourage parental

 

 

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1involvement and community partnerships to achieve school
2improvement;
3    (B) to determine in the manner provided by subsection (c)
4of Section 34-2.2 and subdivision 1.5 of this Section whether
5the performance contract of the principal shall be renewed;
6and
7    (C) to directly select, in the manner provided by
8subsection (c) of Section 34-2.2, a new principal (including a
9new principal to fill a vacancy) -- without submitting any
10list of candidates for that position to the general
11superintendent as provided in paragraph 2 of this Section --
12to serve under a 4 year performance contract; provided that
13(i) the determination of whether the principal's performance
14contract is to be renewed, based upon the evaluation required
15by subdivision 1.5 of this Section, shall be made no later than
16150 days prior to the expiration of the current
17performance-based contract of the principal, (ii) in cases
18where such performance contract is not renewed -- a direct
19selection of a new principal -- to serve under a 4 year
20performance contract shall be made by the local school council
21no later than 45 days prior to the expiration of the current
22performance contract of the principal, and (iii) a selection
23by the local school council of a new principal to fill a
24vacancy under a 4 year performance contract shall be made
25within 90 days after the date such vacancy occurs. A Council
26shall be required, if requested by the principal, to provide

 

 

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1in writing the reasons for the council's not renewing the
2principal's contract.
3    1.5. The local school council's determination of whether
4to renew the principal's contract shall be based on an
5evaluation to assess the educational and administrative
6progress made at the school during the principal's current
7performance-based contract. The local school council shall
8base its evaluation on (i) student academic improvement, as
9defined by the school improvement plan, (ii) student
10absenteeism rates at the school, (iii) instructional
11leadership, (iv) the effective implementation of programs,
12policies, or strategies to improve student academic
13achievement, (v) school management, and (vi) any other factors
14deemed relevant by the local school council, including,
15without limitation, the principal's communication skills and
16ability to create and maintain a student-centered learning
17environment, to develop opportunities for professional
18development, and to encourage parental involvement and
19community partnerships to achieve school improvement. If a
20local school council fails to renew the performance contract
21of a principal rated by the general superintendent, or his or
22her designee, in the previous years' evaluations as meeting or
23exceeding expectations, the principal, within 15 days after
24the local school council's decision not to renew the contract,
25may request a review of the local school council's principal
26non-retention decision by a hearing officer appointed by the

 

 

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1American Arbitration Association. A local school council
2member or members or the general superintendent may support
3the principal's request for review. During the period of the
4hearing officer's review of the local school council's
5decision on whether or not to retain the principal, the local
6school council shall maintain all authority to search for and
7contract with a person to serve as interim or acting
8principal, or as the principal of the attendance center under
9a 4-year performance contract, provided that any performance
10contract entered into by the local school council shall be
11voidable or modified in accordance with the decision of the
12hearing officer. The principal may request review only once
13while at that attendance center. If a local school council
14renews the contract of a principal who failed to obtain a
15rating of "meets" or "exceeds expectations" in the general
16superintendent's evaluation for the previous year, the general
17superintendent, within 15 days after the local school
18council's decision to renew the contract, may request a review
19of the local school council's principal retention decision by
20a hearing officer appointed by the American Arbitration
21Association. The general superintendent may request a review
22only once for that principal at that attendance center. All
23requests to review the retention or non-retention of a
24principal shall be submitted to the general superintendent,
25who shall, in turn, forward such requests, within 14 days of
26receipt, to the American Arbitration Association. The general

 

 

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1superintendent shall send a contemporaneous copy of the
2request that was forwarded to the American Arbitration
3Association to the principal and to each local school council
4member and shall inform the local school council of its rights
5and responsibilities under the arbitration process, including
6the local school council's right to representation and the
7manner and process by which the Board shall pay the costs of
8the council's representation. If the local school council
9retains the principal and the general superintendent requests
10a review of the retention decision, the local school council
11and the general superintendent shall be considered parties to
12the arbitration, a hearing officer shall be chosen between
13those 2 parties pursuant to procedures promulgated by the
14State Board of Education, and the principal may retain counsel
15and participate in the arbitration. If the local school
16council does not retain the principal and the principal
17requests a review of the retention decision, the local school
18council and the principal shall be considered parties to the
19arbitration and a hearing officer shall be chosen between
20those 2 parties pursuant to procedures promulgated by the
21State Board of Education. The hearing shall begin (i) within
2245 days after the initial request for review is submitted by
23the principal to the general superintendent or (ii) if the
24initial request for review is made by the general
25superintendent, within 45 days after that request is mailed to
26the American Arbitration Association. The hearing officer

 

 

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1shall render a decision within 45 days after the hearing
2begins and within 90 days after the initial request for
3review. The Board shall contract with the American Arbitration
4Association for all of the hearing officer's reasonable and
5necessary costs. In addition, the Board shall pay any
6reasonable costs incurred by a local school council for
7representation before a hearing officer.
8    1.10. The hearing officer shall conduct a hearing, which
9shall include (i) a review of the principal's performance,
10evaluations, and other evidence of the principal's service at
11the school, (ii) reasons provided by the local school council
12for its decision, and (iii) documentation evidencing views of
13interested persons, including, without limitation, students,
14parents, local school council members, school faculty and
15staff, the principal, the general superintendent or his or her
16designee, and members of the community. The burden of proof in
17establishing that the local school council's decision was
18arbitrary and capricious shall be on the party requesting the
19arbitration, and this party shall sustain the burden by a
20preponderance of the evidence. The hearing officer shall set
21the local school council decision aside if that decision, in
22light of the record developed at the hearing, is arbitrary and
23capricious. The decision of the hearing officer may not be
24appealed to the Board or the State Board of Education. If the
25hearing officer decides that the principal shall be retained,
26the retention period shall not exceed 2 years.

 

 

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1    2. In the event (i) the local school council does not renew
2the performance contract of the principal, or the principal
3fails to receive a satisfactory rating as provided in
4subsection (h) of Section 34-8.3, or the principal is removed
5for cause during the term of his or her performance contract in
6the manner provided by Section 34-85, or a vacancy in the
7position of principal otherwise occurs prior to the expiration
8of the term of a principal's performance contract, and (ii)
9the local school council fails to directly select a new
10principal to serve under a 4 year performance contract, the
11local school council in such event shall submit to the general
12superintendent a list of 3 candidates -- listed in the local
13school council's order of preference -- for the position of
14principal, one of which shall be selected by the general
15superintendent to serve as principal of the attendance center.
16If the general superintendent fails or refuses to select one
17of the candidates on the list to serve as principal within 30
18days after being furnished with the candidate list, the
19general superintendent shall select and place a principal on
20an interim basis (i) for a period not to exceed one year or
21(ii) until the local school council selects a new principal
22with 7 affirmative votes as provided in subsection (c) of
23Section 34-2.2, whichever occurs first. If the local school
24council fails or refuses to select and appoint a new
25principal, as specified by subsection (c) of Section 34-2.2,
26the general superintendent may select and appoint a new

 

 

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1principal on an interim basis for an additional year or until a
2new contract principal is selected by the local school
3council. There shall be no discrimination on the basis of
4race, sex, creed, color or disability unrelated to ability to
5perform in connection with the submission of candidates for,
6and the selection of a candidate to serve as principal of an
7attendance center. No person shall be directly selected,
8listed as a candidate for, or selected to serve as principal of
9an attendance center (i) if such person has been removed for
10cause from employment by the Board or (ii) if such person does
11not hold a valid Professional Educator License issued under
12Article 21B and endorsed as required by that Article for the
13position of principal. A principal whose performance contract
14is not renewed as provided under subsection (c) of Section
1534-2.2 may nevertheless, if otherwise qualified and licensed
16as herein provided and if he or she has received a satisfactory
17rating as provided in subsection (h) of Section 34-8.3, be
18included by a local school council as one of the 3 candidates
19listed in order of preference on any candidate list from which
20one person is to be selected to serve as principal of the
21attendance center under a new performance contract. The
22initial candidate list required to be submitted by a local
23school council to the general superintendent in cases where
24the local school council does not renew the performance
25contract of its principal and does not directly select a new
26principal to serve under a 4 year performance contract shall

 

 

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1be submitted not later than 30 days prior to the expiration of
2the current performance contract. In cases where the local
3school council fails or refuses to submit the candidate list
4to the general superintendent no later than 30 days prior to
5the expiration of the incumbent principal's contract, the
6general superintendent may appoint a principal on an interim
7basis for a period not to exceed one year, during which time
8the local school council shall be able to select a new
9principal with 7 affirmative votes as provided in subsection
10(c) of Section 34-2.2. In cases where a principal is removed
11for cause or a vacancy otherwise occurs in the position of
12principal and the vacancy is not filled by direct selection by
13the local school council, the candidate list shall be
14submitted by the local school council to the general
15superintendent within 90 days after the date such removal or
16vacancy occurs. In cases where the local school council fails
17or refuses to submit the candidate list to the general
18superintendent within 90 days after the date of the vacancy,
19the general superintendent may appoint a principal on an
20interim basis for a period of one year, during which time the
21local school council shall be able to select a new principal
22with 7 affirmative votes as provided in subsection (c) of
23Section 34-2.2.
24    2.5. Whenever a vacancy in the office of a principal
25occurs for any reason, the vacancy shall be filled in the
26manner provided by this Section by the selection of a new

 

 

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1principal to serve under a 4 year performance contract.
2    3. To establish additional criteria to be included as part
3of the performance contract of its principal, provided that
4such additional criteria shall not discriminate on the basis
5of race, sex, creed, color or disability unrelated to ability
6to perform, and shall not be inconsistent with the uniform 4
7year performance contract for principals developed by the
8board as provided in Section 34-8.1 of the School Code or with
9other provisions of this Article governing the authority and
10responsibility of principals.
11    4. To approve the expenditure plan prepared by the
12principal with respect to all funds allocated and distributed
13to the attendance center by the Board. The expenditure plan
14shall be administered by the principal. Notwithstanding any
15other provision of this Act or any other law, any expenditure
16plan approved and administered under this Section 34-2.3 shall
17be consistent with and subject to the terms of any contract for
18services with a third party entered into by the Chicago School
19Reform Board of Trustees or the board under this Act.
20    Via a supermajority vote of 8 members of a local school
21council enrolling students through the 8th grade or 9 members
22of a local school council at a secondary attendance center or
23an attendance center enrolling students in grades 7 through
2412, the Council may transfer allocations pursuant to Section
2534-2.3 within funds; provided that such a transfer is
26consistent with applicable law and collective bargaining

 

 

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1agreements.
2    Beginning in fiscal year 1991 and in each fiscal year
3thereafter, the Board may reserve up to 1% of its total fiscal
4year budget for distribution on a prioritized basis to schools
5throughout the school system in order to assure adequate
6programs to meet the needs of special student populations as
7determined by the Board. This distribution shall take into
8account the needs catalogued in the Systemwide Plan and the
9various local school improvement plans of the local school
10councils. Information about these centrally funded programs
11shall be distributed to the local school councils so that
12their subsequent planning and programming will account for
13these provisions.
14    Beginning in fiscal year 1991 and in each fiscal year
15thereafter, from other amounts available in the applicable
16fiscal year budget, the board shall allocate a lump sum amount
17to each local school based upon such formula as the board shall
18determine taking into account the special needs of the student
19body. The local school principal shall develop an expenditure
20plan in consultation with the local school council, the
21professional personnel leadership committee and with all other
22school personnel, which reflects the priorities and activities
23as described in the school's local school improvement plan and
24is consistent with applicable law and collective bargaining
25agreements and with board policies and standards; however, the
26local school council shall have the right to request waivers

 

 

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1of board policy from the board of education and waivers of
2employee collective bargaining agreements pursuant to Section
334-8.1a.
4    The expenditure plan developed by the principal with
5respect to amounts available from the fund for prioritized
6special needs programs and the allocated lump sum amount must
7be approved by the local school council.
8    The lump sum allocation shall take into account the
9following principles:
10        a. Teachers: Each school shall be allocated funds
11    equal to the amount appropriated in the previous school
12    year for compensation for teachers (regular grades
13    kindergarten through 12th grade) plus whatever increases
14    in compensation have been negotiated contractually or
15    through longevity as provided in the negotiated agreement.
16    Adjustments shall be made due to layoff or reduction in
17    force, lack of funds or work, change in subject
18    requirements, enrollment changes, or contracts with third
19    parties for the performance of services or to rectify any
20    inconsistencies with system-wide allocation formulas or
21    for other legitimate reasons.
22        b. Other personnel: Funds for other teacher licensed
23    and nonlicensed personnel paid through non-categorical
24    funds shall be provided according to system-wide formulas
25    based on student enrollment and the special needs of the
26    school as determined by the Board.

 

 

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1        c. Non-compensation items: Appropriations for all
2    non-compensation items shall be based on system-wide
3    formulas based on student enrollment and on the special
4    needs of the school or factors related to the physical
5    plant, including but not limited to textbooks, electronic
6    textbooks and the technological equipment necessary to
7    gain access to and use electronic textbooks, supplies,
8    electricity, equipment, and routine maintenance.
9        d. Funds for categorical programs: Schools shall
10    receive personnel and funds based on, and shall use such
11    personnel and funds in accordance with State and Federal
12    requirements applicable to each categorical program
13    provided to meet the special needs of the student body
14    (including but not limited to, Federal Chapter I,
15    Bilingual, and Special Education).
16        d.1. Funds for State Title I: Each school shall
17    receive funds based on State and Board requirements
18    applicable to each State Title I pupil provided to meet
19    the special needs of the student body. Each school shall
20    receive the proportion of funds as provided in Section
21    18-8 or 18-8.15 to which they are entitled. These funds
22    shall be spent only with the budgetary approval of the
23    Local School Council as provided in Section 34-2.3.
24        e. The Local School Council shall have the right to
25    request the principal to close positions and open new ones
26    consistent with the provisions of the local school

 

 

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1    improvement plan provided that these decisions are
2    consistent with applicable law and collective bargaining
3    agreements. If a position is closed, pursuant to this
4    paragraph, the local school shall have for its use the
5    system-wide average compensation for the closed position.
6        f. Operating within existing laws and collective
7    bargaining agreements, the local school council shall have
8    the right to direct the principal to shift expenditures
9    within funds.
10        g. (Blank).
11    Any funds unexpended at the end of the fiscal year shall be
12available to the board of education for use as part of its
13budget for the following fiscal year.
14    5. To make recommendations to the principal concerning
15textbook selection and concerning curriculum developed
16pursuant to the school improvement plan which is consistent
17with systemwide curriculum objectives in accordance with
18Sections 34-8 and 34-18 of the School Code and in conformity
19with the collective bargaining agreement.
20    6. To advise the principal concerning the attendance and
21disciplinary policies for the attendance center, subject to
22the provisions of this Article and Article 26, and consistent
23with the uniform system of discipline established by the board
24pursuant to Section 34-19.
25    7. To approve a school improvement plan developed as
26provided in Section 34-2.4. The process and schedule for plan

 

 

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1development shall be publicized to the entire school
2community, and the community shall be afforded the opportunity
3to make recommendations concerning the plan. At least twice a
4year the principal and local school council shall report
5publicly on progress and problems with respect to plan
6implementation.
7    8. To evaluate the allocation of teaching resources and
8other licensed and nonlicensed staff to the attendance center
9to determine whether such allocation is consistent with and in
10furtherance of instructional objectives and school programs
11reflective of the school improvement plan adopted for the
12attendance center; and to make recommendations to the board,
13the general superintendent and the principal concerning any
14reallocation of teaching resources or other staff whenever the
15council determines that any such reallocation is appropriate
16because the qualifications of any existing staff at the
17attendance center do not adequately match or support
18instructional objectives or school programs which reflect the
19school improvement plan.
20    9. To make recommendations to the principal and the
21general superintendent concerning their respective
22appointments, after August 31, 1989, and in the manner
23provided by Section 34-8 and Section 34-8.1, of persons to
24fill any vacant, additional or newly created positions for
25teachers at the attendance center or at attendance centers
26which include the attendance center served by the local school

 

 

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1council.
2    10. To request of the Board the manner in which training
3and assistance shall be provided to the local school council.
4Pursuant to Board guidelines a local school council is
5authorized to direct the Board of Education to contract with
6personnel or not-for-profit organizations not associated with
7the school district to train or assist council members. If
8training or assistance is provided by contract with personnel
9or organizations not associated with the school district, the
10period of training or assistance shall not exceed 30 hours
11during a given school year; person shall not be employed on a
12continuous basis longer than said period and shall not have
13been employed by the Chicago Board of Education within the
14preceding six months. Council members shall receive training
15in at least the following areas:
16        1. school budgets;
17        2. educational theory pertinent to the attendance
18    center's particular needs, including the development of
19    the school improvement plan and the principal's
20    performance contract; and
21        3. personnel selection.
22Council members shall, to the greatest extent possible,
23complete such training within 90 days of election.
24    11. In accordance with systemwide guidelines contained in
25the System-Wide Educational Reform Goals and Objectives Plan,
26criteria for evaluation of performance shall be established

 

 

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1for local school councils and local school council members. If
2a local school council persists in noncompliance with
3systemwide requirements, the Board may impose sanctions and
4take necessary corrective action, consistent with Section
534-8.3.
6    12. Each local school council shall comply with the Open
7Meetings Act and the Freedom of Information Act. Each local
8school council shall issue and transmit to its school
9community a detailed annual report accounting for its
10activities programmatically and financially. Each local school
11council shall convene at least 2 well-publicized meetings
12annually with its entire school community. These meetings
13shall include presentation of the proposed local school
14improvement plan, of the proposed school expenditure plan, and
15the annual report, and shall provide an opportunity for public
16comment.
17    13. Each local school council is encouraged to involve
18additional non-voting members of the school community in
19facilitating the council's exercise of its responsibilities.
20    14. The local school council may adopt a school uniform or
21dress code policy that governs the attendance center and that
22is necessary to maintain the orderly process of a school
23function or prevent endangerment of student health or safety,
24consistent with the policies and rules of the Board of
25Education. A school uniform or dress code policy adopted by a
26local school council: (i) shall not be applied in such manner

 

 

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1as to discipline or deny attendance to a transfer student or
2any other student for noncompliance with that policy during
3such period of time as is reasonably necessary to enable the
4student to acquire a school uniform or otherwise comply with
5the dress code policy that is in effect at the attendance
6center into which the student's enrollment is transferred;
7(ii) shall include criteria and procedures under which the
8local school council will accommodate the needs of or
9otherwise provide appropriate resources to assist a student
10from an indigent family in complying with an applicable school
11uniform or dress code policy; (iii) shall not include or apply
12to hairstyles, including hairstyles historically associated
13with race, ethnicity, or hair texture, including, but not
14limited to, protective hairstyles such as braids, locks, and
15twists; and (iv) shall not prohibit the right of a student to
16wear or accessorize the student's graduation attire with items
17associated with the student's cultural, ethnic, or religious
18identity or any other protected characteristic or category
19identified in subsection (Q) of Section 1-103 of the Illinois
20Human Rights Act. A student whose parents or legal guardians
21object on religious grounds to the student's compliance with
22an applicable school uniform or dress code policy shall not be
23required to comply with that policy if the student's parents
24or legal guardians present to the local school council a
25signed statement of objection detailing the grounds for the
26objection. If a local school council does not comply with the

 

 

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1requirements and prohibitions set forth in this paragraph 14,
2the attendance center is subject to the penalty imposed
3pursuant to subsection (a) of Section 2-3.25.
4    15. All decisions made and actions taken by the local
5school council in the exercise of its powers and duties shall
6comply with State and federal laws, all applicable collective
7bargaining agreements, court orders and rules properly
8promulgated by the Board.
9    15a. To grant, in accordance with board rules and
10policies, the use of assembly halls and classrooms when not
11otherwise needed, including lighting, heat, and attendants,
12for public lectures, concerts, and other educational and
13social activities.
14    15b. To approve, in accordance with board rules and
15policies, receipts and expenditures for all internal accounts
16of the attendance center, and to approve all fund-raising
17activities by nonschool organizations that use the school
18building.
19    16. (Blank).
20    17. Names and addresses of local school council members
21shall be a matter of public record.
22    18. To contract with the Chicago Police Department to have
23police officers or school resource officers on school grounds.
24(Source: P.A. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21;
25102-894, eff. 5-20-22; 103-463, eff. 8-4-23.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.