[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB2524 LRB9206777NTmg 1 AN ACT concerning education. 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 and 34-2.3b 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 -2- LRB9206777NTmg 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 -3- LRB9206777NTmg 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 -4- LRB9206777NTmg 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 -5- LRB9206777NTmg 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 -6- LRB9206777NTmg 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 -7- LRB9206777NTmg 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 -8- LRB9206777NTmg 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 -9- LRB9206777NTmg 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 advisory committee 13 and with all other school personnel, which reflects the 14 priorities and activities as described in the school's local 15 school improvement plan and is consistent with applicable law 16 and collective bargaining agreements and with board policies 17 and standards; however, the local school council shall have 18 the right to request waivers of board policy from the board 19 of education and waivers of employee collective bargaining 20 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 -10- LRB9206777NTmg 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 -11- LRB9206777NTmg 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 -12- LRB9206777NTmg 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. (Blank).
To request of the Board the manner in which20 training and assistance shall be provided to the local school21 council. Pursuant to Board guidelines a local school council22 is authorized to direct the Board of Education to contract23 with personnel or not-for-profit organizations not associated24 with the school district to train or assist council members.25 If training or assistance is provided by contract with26 personnel or organizations not associated with the school27 district, the period of training or assistance shall not28 exceed 30 hours during a given school year; person shall not29 be employed on a continuous basis longer than said period and30 shall not have been employed by the Chicago Board of31 Education within the preceding six months. Council members32 shall receive training in at least the following areas:33 1. school budgets;34 2. educational theory pertinent to the attendance-13- LRB9206777NTmg 1 center's particular needs, including the development of2 the school improvement plan and the principal's3 performance contract; and4 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 -14- LRB9206777NTmg 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). -15- LRB9206777NTmg 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 5/34-2.3b) 6 Sec. 34-2.3b. Local School Council Training. The board 7 shall collaborate with universities and other interested 8 entities and individuals to offer training to local school 9 council members on topics relevant to school operations and 10 their responsibilities as local school council members, 11 including but not limited to legal requirements, role 12 differentiation, responsibilities, and authorities, principal 13 evaluations and selection procedures and criteria, and 14 educational theory pertinent to improving student 15 achievement. Training of local school council members shall 16 be provided at the direction of the board in consultation 17 with the Council of Chicago-area Deans of Education. 18 Incoming local school council members shall be required to 19 complete a 3-day training program covering these and other 20 topics as determined by the board provided under this Section21 within 6 months of taking office. The board shall monitor 22 the compliance of incoming local school council members with 23 the 3-day training program requirement established by this 24 Section. After an opportunity for a hearing, the board 25 shall declare vacant the office of a local school council 26 member who unreasonably fails to complete the 3-day training 27 program provided under this Section within the 6 month period 28 allowed. Any such vacancy shall be filled as provided in 29 subsection (o) of Section 34-2.1 by appointment of another 30 person qualified to hold the office. In addition to 31 requiring local school council members to complete the 3-day 32 training program under this Section, the board may encourage 33 local school council members to complete additional training -16- LRB9206777NTmg 1 during their term of office and shall provide recognition for 2 individuals completing that additional training. Before each 3 local school council election, the board shall send out 4 requests for proposals concerning the 3-day training and is 5 authorized to contract collaboratewith universities, 6 non-profits, and other interested organizations and 7 individuals to provide this training. The board is 8 authorized to use funds from private organizations, 9 non-profits, or any other outside sources as well as its own 10 funds for this purpose. offer additional training to local11 school council members on a regular basis during their term12 in office. The board shall not be required to bear the cost13 of the required 3-day training program or any additional14 training provided to local school council members under this15 Section.16 The board shall also offer training to aid local school17 councils in developing principal evaluation procedures and18 criteria. The board shall send out requests for proposals19 concerning this training and is authorized to contract with20 universities, non-profits, and other interested organizations21 and individuals to provide this training. The board is22 authorized to use funds from private organizations,23 non-profits, or any other outside source as well as its own24 funds for this purpose.25 (Source: P.A. 90-100, eff. 7-11-97; 91-622, eff. 8-19-99.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.
[ Top ]