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| [ Introduced ] | [ House Amendment 001 ] |
92_HB3705eng HB3705 Engrossed LRB9211126NTpk 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 HB3705 Engrossed -2- LRB9211126NTpk 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 HB3705 Engrossed -3- LRB9211126NTpk 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 HB3705 Engrossed -4- LRB9211126NTpk 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 HB3705 Engrossed -5- LRB9211126NTpk 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 HB3705 Engrossed -6- LRB9211126NTpk 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 HB3705 Engrossed -7- LRB9211126NTpk 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 HB3705 Engrossed -8- LRB9211126NTpk 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 HB3705 Engrossed -9- LRB9211126NTpk 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 13advisorycommittee 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 HB3705 Engrossed -10- LRB9211126NTpk 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 HB3705 Engrossed -11- LRB9211126NTpk 1 consistent with applicable law and collective bargaining 2 agreements. If a position is closed, pursuant to this 3 paragraph, the local school shall have for its use the 4 system-wide average compensation for the closed position. 5 f. Operating within existing laws and collective 6 bargaining agreements, the local school council shall 7 have the right to direct the principal to shift 8 expenditures within funds. 9 g. (Blank). 10 Any funds unexpended at the end of the fiscal year shall 11 be available to the board of education for use as part of its 12 budget for the following fiscal year. 13 5. To make recommendations to the principal concerning 14 textbook selection and concerning curriculum developed 15 pursuant to the school improvement plan which is consistent 16 with systemwide curriculum objectives in accordance with 17 Sections 34-8 and 34-18 of the School Code and in conformity 18 with the collective bargaining agreement. 19 6. To advise the principal concerning the attendance and 20 disciplinary policies for the attendance center, subject to 21 the provisions of this Article and Article 26, and consistent 22 with the uniform system of discipline established by the 23 board pursuant to Section 34-19. 24 7. To approve a school improvement plan developed as 25 provided in Section 34-2.4. The process and schedule for plan 26 development shall be publicized to the entire school 27 community, and the community shall be afforded the 28 opportunity to make recommendations concerning the plan. At 29 least twice a year the principal, the professional personnel 30 leadership committee, and local school council shall report 31 publicly on progress and problems with respect to plan 32 implementation. 33 8. To evaluate the allocation of teaching resources and 34 other certificated and uncertificated staff to the attendance HB3705 Engrossed -12- LRB9211126NTpk 1 center to determine whether such allocation is consistent 2 with and in furtherance of instructional objectives and 3 school programs reflective of the school improvement plan 4 adopted for the attendance center; and to make 5 recommendations to the board, the general superintendent and 6 the principal concerning any reallocation of teaching 7 resources or other staff whenever the council determines that 8 any such reallocation is appropriate because the 9 qualifications of any existing staff at the attendance center 10 do not adequately match or support instructional objectives 11 or school programs which reflect the school improvement plan. 12 9. To make recommendations to the principal and the 13 general superintendent concerning their respective 14 appointments, after August 31, 1989, and in the manner 15 provided by Section 34-8 and Section 34-8.1, of persons to 16 fill any vacant, additional or newly created positions for 17 teachers at the attendance center or at attendance centers 18 which include the attendance center served by the local 19 school council. 20 10. To request of the Board the manner in which training 21 and assistance shall be provided to the local school council. 22 Pursuant to Board guidelines a local school council is 23 authorized to direct the Board of Education to contract with 24 personnel or not-for-profit organizations not associated with 25 the school district to train or assist council members. If 26 training or assistance is provided by contract with personnel 27 or organizations not associated with the school district, the 28 period of training or assistance shall not exceed 30 hours 29 during a given school year; person shall not be employed on a 30 continuous basis longer than said period and shall not have 31 been employed by the Chicago Board of Education within the 32 preceding six months. Council members shall receive training 33 in at least the following areas: 34 1. school budgets; HB3705 Engrossed -13- LRB9211126NTpk 1 2. educational theory pertinent to the attendance 2 center's particular needs, including the development of 3 the school improvement plan and the principal's 4 performance contract; and 5 3. personnel selection. 6 Council members shall, to the greatest extent possible, 7 complete such training within 90 days of election. 8 11. In accordance with systemwide guidelines contained 9 in the System-Wide Educational Reform Goals and Objectives 10 Plan, criteria for evaluation of performance shall be 11 established for local school councils and local school 12 council members. If a local school council persists in 13 noncompliance with systemwide requirements, the Board may 14 impose sanctions and take necessary corrective action, 15 consistent with Section 34-8.3. 16 12. Each local school council shall comply with the Open 17 Meetings Act and the Freedom of Information Act. Each local 18 school council shall issue and transmit to its school 19 community a detailed annual report accounting for its 20 activities programmatically and financially. Each local 21 school council shall convene at least 2 well-publicized 22 meetings annually with its entire school community. These 23 meetings shall include presentation of the proposed local 24 school improvement plan, of the proposed school expenditure 25 plan, and the annual report, and shall provide an opportunity 26 for public comment. 27 13. Each local school council is encouraged to involve 28 additional non-voting members of the school community in 29 facilitating the council's exercise of its responsibilities. 30 14. The local school council may adopt a school uniform 31 or dress code policy that governs the attendance center and 32 that is necessary to maintain the orderly process of a school 33 function or prevent endangerment of student health or safety, 34 consistent with the policies and rules of the Board of HB3705 Engrossed -14- LRB9211126NTpk 1 Education. A school uniform or dress code policy adopted by a 2 local school council: (i) shall not be applied in such manner 3 as to discipline or deny attendance to a transfer student or 4 any other student for noncompliance with that policy during 5 such period of time as is reasonably necessary to enable the 6 student to acquire a school uniform or otherwise comply with 7 the dress code policy that is in effect at the attendance 8 center into which the student's enrollment is transferred; 9 and (ii) shall include criteria and procedures under which 10 the local school council will accommodate the needs of or 11 otherwise provide appropriate resources to assist a student 12 from an indigent family in complying with an applicable 13 school uniform or dress code policy. A student whose parents 14 or legal guardians object on religious grounds to the 15 student's compliance with an applicable school uniform or 16 dress code policy shall not be required to comply with that 17 policy if the student's parents or legal guardians present to 18 the local school council a signed statement of objection 19 detailing the grounds for the objection. 20 15. All decisions made and actions taken by the local 21 school council in the exercise of its powers and duties shall 22 comply with State and federal laws, all applicable collective 23 bargaining agreements, court orders and rules properly 24 promulgated by the Board. 25 15a. To grant, in accordance with board rules and 26 policies, the use of assembly halls and classrooms when not 27 otherwise needed, including lighting, heat, and attendants, 28 for public lectures, concerts, and other educational and 29 social activities. 30 15b. To approve, in accordance with board rules and 31 policies, receipts and expenditures for all internal accounts 32 of the attendance center, and to approve all fund-raising 33 activities by nonschool organizations that use the school 34 building. HB3705 Engrossed -15- LRB9211126NTpk 1 16. (Blank). 2 17. Names and addresses of local school council members 3 shall be a matter of public record. 4 (Source: P.A. 90-14, eff. 7-1-97; 91-622, eff. 8-19-99; 5 91-728, eff. 6-2-00.) 6 (105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4) 7 Sec. 34-2.4. School improvement plan. A 3 year local 8 school improvement plan shall be developed and implemented at 9 each attendance center. This plan shall reflect the 10 overriding purpose of the attendance center to improve 11 educational quality. The local school principal shall develop 12 a school improvement plan in consultation with the local 13 school council, all categories of school staff, parents and 14 community residents. Once the plan is developed, reviewed by 15 the professional personnel leadership committee, and approved 16 byand afterthe local school councilhas approved the same, 17 the principal shall be responsible for directing 18 implementation of the plan, and the local school council 19 shall monitor its implementation. After the termination of 20 the initial 3 year plan, a new 3 year plan shall be developed 21 and modified as appropriate on an annual basis. 22 The school improvement plan shall be designed to achieve 23 priority goals including but not limited to: 24 (a) assuring that students show significant 25 progress toward meeting and exceeding State performance 26 standards in State mandated learning areas, including the 27 mastery of higher order thinking skills in these areas; 28 (b) assuring that students attend school regularly 29 and graduate from school at such rates that the district 30 average equals or surpasses national norms; 31 (c) assuring that students are adequately prepared 32 for and aided in making a successful transition to 33 further education and life experience; HB3705 Engrossed -16- LRB9211126NTpk 1 (d) assuring that students are adequately prepared 2 for and aided in making a successful transition to 3 employment; and 4 (e) assuring that students are, to the maximum 5 extent possible, provided with a common learning 6 experience that is of high academic quality and that 7 reflects high expectations for all students' capacities 8 to learn. 9 With respect to these priority goals, the school 10 improvement plan shall include but not be limited to the 11 following: 12 (a) an analysis of data collected in the attendance 13 center and community indicating the specific strengths 14 and weaknesses of the attendance center in light of the 15 goals specified above, including data and analysis 16 specified by the State Board of Education pertaining to 17 specific measurable outcomes for student performance, the 18 attendance centers, and their instructional programs; 19 (b) a description of specific annual objectives the 20 attendance center will pursue in achieving the goals 21 specified above; 22 (c) a description of the specific activities the 23 attendance center will undertake to achieve its 24 objectives; 25 (d) an analysis of the attendance center's staffing 26 pattern and material resources, and an explanation of how 27 the attendance center's planned staffing pattern, the 28 deployment of staff, and the use of material resources 29 furthers the objectives of the plan; 30 (e) a description of the key assumptions and 31 directions of the school's curriculum and the academic 32 and non-academic programs of the attendance center, and 33 an explanation of how this curriculum and these programs 34 further the goals and objectives of the plan; HB3705 Engrossed -17- LRB9211126NTpk 1 (f) a description of the steps that will be taken 2 to enhance educational opportunities for all students, 3 regardless of gender, including limited English 4 proficient students, disabled students, low-income 5 students and minority students; 6 (g) a description of any steps which may be taken 7 by the attendance center to educate parents as to how 8 they can assist children at home in preparing their 9 children to learn effectively; 10 (h) a description of the steps the attendance 11 center will take to coordinate its efforts with, and to 12 gain the participation and support of, community 13 residents, business organizations, and other local 14 institutions and individuals; 15 (i) a description of any staff development program 16 for all school staff and volunteers tied to the priority 17 goals, objectives, and activities specified in the plan; 18 (j) a description of the steps the local school 19 council will undertake to monitor implementation of the 20 plan on an ongoing basis; 21 (k) a description of the steps the attendance 22 center will take to ensure that teachers have working 23 conditions that provide a professional environment 24 conducive to fulfilling their responsibilities; 25 (l) a description of the steps the attendance 26 center will take to ensure teachers the time and 27 opportunity to incorporate new ideas and techniques, both 28 in subject matter and teaching skills, into their own 29 work; 30 (m) a description of the steps the attendance 31 center will take to encourage pride and positive 32 identification with the attendance center through various 33 athletic activities; and 34 (n) a description of the student need for and HB3705 Engrossed -18- LRB9211126NTpk 1 provision of services to special populations, beyond the 2 standard school programs provided for students in grades 3 K through 12 and those enumerated in the categorical 4 programs cited in item d of part 4 of Section 34-2.3, 5 including financial costs of providing same and a 6 timeline for implementing the necessary services, 7 including but not limited, when applicable, to ensuring 8 the provisions of educational services to all eligible 9 children aged 4 years for the 1990-91 school year and 10 thereafter, reducing class size to State averages in 11 grades K-3 for the 1991-92 school year and thereafter and 12 in all grades for the 1993-94 school year and thereafter, 13 and providing sufficient staff and facility resources for 14 students not served in the regular classroom setting. 15 Based on the analysis of data collected indicating 16 specific strengths and weaknesses of the attendance center, 17 the school improvement plan may place greater emphasis from 18 year to year on particular priority goals, objectives, and 19 activities. 20 (Source: P.A. 88-686, eff. 1-24-95.) 21 (105 ILCS 5/34-2.4a) (from Ch. 122, par. 34-2.4a) 22 Sec. 34-2.4a. Professional personnel leadershipadvisory23 committee. 24 (a) At each attendance center operated pursuant to this 25 Article, a professional personnel leadershipadvisory26 committee consisting of (i) 7 members elected each school 27 year who are certified classroom teachers orandother 28 certificated personnel, who are employed at the attendance 29 center, and who desire to be members of the committee and 30 (ii) the 2 teacher members of the local school council. The 31 teacher members of the local school council shall serve as 32 co-chairs of the committee, or one teacher member of the 33 local school council chosen by the committee shall serve as HB3705 Engrossed -19- LRB9211126NTpk 1 chair of the committee. 2 (b) The purpose of the committee is to develop and 3 formally present recommendations toshall be elected each4school year for the purpose of advisingthe principal and the 5 local school council on all matters of educational program, 6 including but not limited to curriculum,andschool 7 improvement plan development and implementation, and school 8 budgeting. 9 (c) For the elected committee members, the principal 10 shall convene a publicized meeting of all certified classroom 11 teachers and other certificated personnel, at which meeting 12 those certified classroom teachers and other certificated 13 personnel present, excluding the principal, shall elect 14 membersteachers and other certificated personnelto serve on 15 the committee.The total number of teachers and other16certificated personnel to be elected to serve on the17committee during the school year shall be determined by the18certified classroom teachers and other certificated personnel19present at the meeting at which the teachers and other20certificated personnel are to be elected.A staff member 21 eligible to vote may vote for 7 candidates in the electionas22many candidates as are to be elected, but votes shall not be 23 cumulated. Ties shall be determined by lot. Vacancies shall 24 be filled in like manner. 25 (d) In furtherance of its purpose, the committee shall 26 have the authority to gather information from school staff 27 through interviews or questionnaires without the prior 28 approval of the principal, the local school council, the 29 board, the board's chief executive officer, or the chief 30 executive officer's administrative staff. 31 The committee shall meet once a month with the principal 32 to assist the principal in developing the specific methods 33 and contents of the school's curriculum, as provided in 34 Section 34-8.1 of this Code, and to make other educational HB3705 Engrossed -20- LRB9211126NTpk 1 improvement recommendations approved by the committee. A 2 report from the committee regarding these matters shall be an 3 agenda item at each regular meeting of the local school 4 council. 5 The principal shall provide the committee with the 6 opportunity to review and make recommendations regarding the 7 school improvement plan and school budget. The teacher 8 members of the local school council shall bring motions 9 concerning the recommendations approved by the committee, 10 which motions shall formally be considered at meetings of the 11 local school council. 12 (Source: P.A. 85-1418; 86-1477.) 13 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1) 14 Sec. 34-8.1. Principals. Principals shall be employed to 15 supervise the operation of each attendance center. Their 16 powers and duties shall include but not be limited to the 17 authority (i) to direct, supervise, evaluate, and suspend 18 with or without pay or otherwise discipline all teachers, 19 assistant principals, and other employees assigned to the 20 attendance center in accordance with board rules and policies 21 and (ii) to direct all other persons assigned to the 22 attendance center pursuant to a contract with a third party 23 to provide services to the school system. The right to 24 employ, discharge, and layoff shall be vested solely with the 25 board. The principal shall fill positions by appointment as 26 provided in this Section and may make recommendations to the 27 board regarding the employment, discharge, or layoff of any 28 individual. The authority of the principal shall include the 29 authority to direct the hours during which the attendance 30 center shall be open and available for use provided the use 31 complies with board rules and policies, to determine when and 32 what operations shall be conducted within those hours, and to 33 schedule staff within those hours. Under the direction of, HB3705 Engrossed -21- LRB9211126NTpk 1 and subject to the authority of the principal, the Engineer 2 In Charge shall be accountable for the safe, economical 3 operation of the plant and grounds and shall also be 4 responsible for orientation, training, and supervising the 5 work of Engineers, Trainees, school maintenance assistants, 6 custodial workers and other plant operation employees under 7 his or her direction. 8 There shall be established by the board a system of 9 semi-annual evaluations conducted by the principal as to 10 performance of the engineer in charge. Nothing in this 11 Section shall prevent the principal from conducting 12 additional evaluations. An overall numerical rating shall 13 be given by the principal based on the evaluation conducted 14 by the principal. An unsatisfactory numerical rating shall 15 result in disciplinary action, which may include, without 16 limitation and in the judgment of the principal, loss of 17 promotion or bidding procedure, reprimand, suspension with or 18 without pay, or recommended dismissal. The board shall 19 establish procedures for conducting the evaluation and 20 reporting the results to the engineer in charge. 21 Under the direction of, and subject to the authority of, 22 the principal, the Food Service Manager is responsible at all 23 times for the proper operation and maintenance of the lunch 24 room to which he is assigned and shall also be responsible 25 for the orientation, training, and supervising the work of 26 cooks, bakers, porters, and lunchroom attendants under his or 27 her direction. 28 There shall be established by the Board a system of 29 semi-annual evaluations conducted by the principal as to the 30 performance of the food service manager. Nothing in this 31 Section shall prevent the principal from conducting 32 additional evaluations. An overall numerical rating shall be 33 given by the principal based on the evaluation conducted by 34 the principal. An unsatisfactory numerical rating shall HB3705 Engrossed -22- LRB9211126NTpk 1 result in disciplinary action which may include, without 2 limitation and in the judgment of the principal, loss of 3 promotion or bidding procedure, reprimand, suspension with or 4 without pay, or recommended dismissal. The board shall 5 establish rules for conducting the evaluation and reporting 6 the results to the food service manager. 7 Nothing in this Section shall be interpreted to require 8 the employment or assignment of an Engineer-In-Charge or a 9 Food Service Manager for each attendance center. 10 Principals shall be employed to supervise the educational 11 operation of each attendance center. If a principal is absent 12 due to extended illness or leave or absence, an assistant 13 principal may be assigned as acting principal for a period 14 not to exceed 100 school days. Each principal shall assume 15 administrative responsibility and instructional leadership, 16 in accordance with reasonable rules and regulations of the 17 board, for the planning, operation and evaluation of the 18 educational program of the attendance center to which he is 19 assigned. The principal shall submit recommendations to the 20 general superintendent concerning the appointment, dismissal, 21 retention, promotion, and assignment of all personnel 22 assigned to the attendance center; provided, that from and 23 after September 1, 1989: (i) if any vacancy occurs in a 24 position at the attendance center or if an additional or new 25 position is created at the attendance center, that position 26 shall be filled by appointment made by the principal in 27 accordance with procedures established and provided by the 28 Board whenever the majority of the duties included in that 29 position are to be performed at the attendance center which 30 is under the principal's supervision, and each such 31 appointment so made by the principal shall be made and based 32 upon merit and ability to perform in that position without 33 regard to seniority or length of service, provided, that such 34 appointments shall be subject to the Board's desegregation HB3705 Engrossed -23- LRB9211126NTpk 1 obligations, including but not limited to the Consent Decree 2 and Desegregation Plan in U.S. v. Chicago Board of Education; 3 (ii) the principal shall submit recommendations based upon 4 merit and ability to perform in the particular position, 5 without regard to seniority or length of service, to the 6 general superintendent concerning the appointment of any 7 teacher, teacher aide, counselor, clerk, hall guard, security 8 guard and any other personnel which is to be made by the 9 general superintendent whenever less than a majority of the 10 duties of that teacher, teacher aide, counselor, clerk, hall 11 guard, and security guard and any other personnel are to be 12 performed at the attendance center which is under the 13 principal's supervision; and (iii) subject to law and the 14 applicable collective bargaining agreements, the authority 15 and responsibilities of a principal with respect to the 16 evaluation of all teachers and other personnel assigned to an 17 attendance center shall commence immediately upon his or her 18 appointment as principal of the attendance center, without 19 regard to the length of time that he or she has been the 20 principal of that attendance center. 21 Notwithstanding the existence of any other law of this 22 State, nothing in this Act shall prevent the board from 23 entering into a contract with a third party for services 24 currently performed by any employee or bargaining unit 25 member. 26 Notwithstanding any other provision of this Article, each 27 principal may approve contracts, binding on the board, in the 28 amount of no more than $10,000, if the contract is endorsed 29 by the Local School Council. 30 Unless otherwise prohibited by law or by rule of the 31 board, the principal shall provide to local school council 32 members copies of all internal audits and any other pertinent 33 information generated by any audits or reviews of the 34 programs and operation of the attendance center. HB3705 Engrossed -24- LRB9211126NTpk 1 Each principal shall hold a valid administrative 2 certificate issued or exchanged in accordance with Article 21 3 and endorsed as required by that Article for the position of 4 principal. The board may establish or impose academic, 5 educational, examination, and experience requirements and 6 criteria that are in addition to those established and 7 required by Article 21 for issuance of a valid certificate 8 endorsed for the position of principal as a condition of the 9 nomination, selection, appointment, employment, or continued 10 employment of a person as principal of any attendance center, 11 or as a condition of the renewal of any principal's 12 performance contract. 13 The board shall specify in its formal job description for 14 principals, and from and after July 1, 1990 shall specify in 15 the 4 year performance contracts for use with respect to all 16 principals, that his or her primary responsibility is in the 17 improvement of instruction. A majority of the time spent by 18 a principal shall be spent on curriculum and staff 19 development through both formal and informal activities, 20 establishing clear lines of communication regarding school 21 goals, accomplishments, practices and policies with parents 22 and teachers. The principal, with the assistance of the 23 local school council, shall develop a school improvement plan 24 as provided in Section 34-2.4 and, upon approval of the plan 25 by the local school council, shall be responsible for 26 directing implementation of the plan. The principal, with the 27 assistance of the professional personnel leadershipAdvisory28 committee, shall develop the specific methods and contents of 29 the school's curriculum within the board's system-wide 30 curriculum standards and objectives and the requirements of 31 the school improvement plan. The board shall ensure that all 32 principals are evaluated on their instructional leadership 33 ability and their ability to maintain a positive education 34 and learning climate. It shall also be the responsibility of HB3705 Engrossed -25- LRB9211126NTpk 1 the principal to utilize resources of proper law enforcement 2 agencies when the safety and welfare of students and teachers 3 are threatened by illegal use of drugs and alcohol, by 4 illegal use or possession of weapons, or by illegal gang 5 activity. 6 On or before October 1, 1989, the Board of Education, in 7 consultation with any professional organization representing 8 principals in the district, shall promulgate rules and 9 implement a lottery for the purpose of determining whether a 10 principal's existing performance contract (including the 11 performance contract applicable to any principal's position 12 in which a vacancy then exists) expires on June 30, 1990 or 13 on June 30, 1991, and whether the ensuing 4 year performance 14 contract begins on July 1, 1990 or July 1, 1991. The Board of 15 Education shall establish and conduct the lottery in such 16 manner that of all the performance contracts of principals 17 (including the performance contracts applicable to all 18 principal positions in which a vacancy then exists), 50% of 19 such contracts shall expire on June 30, 1990, and 50% shall 20 expire on June 30, 1991. All persons serving as principal on 21 May 1, 1989, and all persons appointed as principal after May 22 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a 23 manner other than as provided by Section 34-2.3, shall be 24 deemed by operation of law to be serving under a performance 25 contract which expires on June 30, 1990 or June 30, 1991; and 26 unless such performance contract of any such principal is 27 renewed (or such person is again appointed to serve as 28 principal) in the manner provided by Section 34-2.2 or 29 34-2.3, the employment of such person as principal shall 30 terminate on June 30, 1990 or June 30, 1991. 31 Commencing on July 1, 1990, or on July 1, 1991, and 32 thereafter, the principal of each attendance center shall be 33 the person selected in the manner provided by Section 34-2.3 34 to serve as principal of that attendance center under a 4 HB3705 Engrossed -26- LRB9211126NTpk 1 year performance contract. All performance contracts of 2 principals expiring after July 1, 1990, or July 1, 1991, 3 shall commence on the date specified in the contract, and the 4 renewal of their performance contracts and the appointment of 5 principals when their performance contracts are not renewed 6 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a 7 vacancy in the office of a principal occurs for any reason, 8 the vacancy shall be filled by the selection of a new 9 principal to serve under a 4 year performance contract in the 10 manner provided by Section 34-2.3. 11 The board of education shall develop and prepare, in 12 consultation with the organization representing principals, a 13 performance contract for use at all attendance centers, and 14 shall furnish the same to each local school council. The 15 term of the performance contract shall be 4 years, unless the 16 principal is retained by the decision of a hearing officer 17 pursuant to subdivision 1.5 of Section 34-2.3, in which case 18 the contract shall be extended for 2 years. The performance 19 contract of each principal shall consist of the uniform 20 performance contract, as developed or from time to time 21 modified by the board, and such additional criteria as are 22 established by a local school council pursuant to Section 23 34-2.3 for the performance contract of its principal. 24 During the term of his or her performance contract, a 25 principal may be removed only as provided for in the 26 performance contract except for cause. He or she shall also 27 be obliged to follow the rules of the board of education 28 concerning conduct and efficiency. 29 In the event the performance contract of a principal is 30 not renewed or a principal is not reappointed as principal 31 under a new performance contract, or in the event a principal 32 is appointed to any position of superintendent or higher 33 position, or voluntarily resigns his position of principal, 34 his or her employment as a principal shall terminate and such HB3705 Engrossed -27- LRB9211126NTpk 1 former principal shall not be reinstated to the position from 2 which he or she was promoted to principal, except that he or 3 she, if otherwise qualified and certified in accordance with 4 Article 21, shall be placed by the board on appropriate 5 eligibility lists which it prepares for use in the filling of 6 vacant or additional or newly created positions for teachers. 7 The principal's total years of service to the board as both a 8 teacher and a principal, or in other professional capacities, 9 shall be used in calculating years of experience for purposes 10 of being selected as a teacher into new, additional or vacant 11 positions. 12 In the event the performance contract of a principal is 13 not renewed or a principal is not reappointed as principal 14 under a new performance contract, such principal shall be 15 eligible to continue to receive his or her previously 16 provided level of health insurance benefits for a period of 17 90 days following the non-renewal of the contract at no 18 expense to the principal, provided that such principal has 19 not retired. 20 (Source: P.A. 91-622, eff. 8-19-99; 91-728, eff. 6-2-00.) 21 Section 99. Effective date. This Act takes effect on July 22 1, 2002.