Public Act 097-0217
 
HB3171 EnrolledLRB097 02879 NHT 42903 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-21.4a, 10-23.8a, 10-23.8b, and 24A-15 as follows:
 
    (105 ILCS 5/10-21.4a)  (from Ch. 122, par. 10-21.4a)
    Sec. 10-21.4a. Principals and assistant principals -
Duties. To employ principals and assistant principals who hold
valid supervisory or administrative certificates. The
principal, with the assistance of any assistant principals, who
shall supervise the operation of attendance centers as the
board shall determine necessary. In an attendance center having
fewer than 4 teachers, a head teacher who does not qualify as a
principal may be assigned in the place of a principal.
    The principal, with the assistance of any assistant
principals, shall assume administrative responsibilities and
instructional leadership, under the supervision of the
superintendent, and in accordance with reasonable rules and
regulations of the board, for the planning, operation and
evaluation of the educational program of the attendance area to
which he or she is assigned. However, in districts under a
Financial Oversight Panel pursuant to Section 1A-8 for
violating a financial plan, the duties and responsibilities of
principals and assistant principals in relation to the
financial and business operations of the district shall be
approved by the Panel. In the event the Board refuses or fails
to follow a directive or comply with an information request of
the Panel, the performance of those duties shall be subject to
the direction of the Panel.
    School boards shall specify in their formal job description
for principals that his or her primary responsibility is in the
improvement of instruction. A majority of the time spent by a
principal shall be spent on curriculum and staff development
through both formal and informal activities, establishing
clear lines of communication regarding school goals,
accomplishments, practices and policies with parents and
teachers.
    Unless residency within a school district is made an
express condition of a person's employment or continued
employment as a principal or assistant principal of that school
district at the time of the person's initial employment as a
principal or assistant principal of that district, residency
within that school district may not at any time thereafter be
made a condition of that person's employment or continued
employment as a principal or assistant principal of the
district, without regard to whether the person's initial
employment as a principal or assistant principal of the
district began before or begins on or after the effective date
of this amendatory Act of 1996 and without regard to whether
that person's residency within or outside of the district began
or was changed before or begins or changes on or after that
effective date. In no event shall residency within a school
district be considered in determining the compensation of a
principal or assistant principal or the assignment or transfer
of a principal or assistant principal to an attendance center
of the district.
    School boards shall ensure that their principals and
assistant principals are evaluated on their instructional
leadership ability and their ability to maintain a positive
education and learning climate.
    It shall also be the responsibility of the principal to
utilize resources of proper law enforcement agencies when the
safety and welfare of students and teachers are threatened by
illegal use of drugs and alcohol.
    The principal shall submit recommendations to the
superintendent concerning the appointment, retention,
promotion and assignment of all personnel assigned to the
attendance center.
    If a principal is absent due to extended illness or leave
of absence, an assistant principal may be assigned as acting
principal for a period not to exceed 60 school days.
(Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96; 90-14,
eff. 7-1-97.)
 
    (105 ILCS 5/10-23.8a)  (from Ch. 122, par. 10-23.8a)
    Sec. 10-23.8a. Principal, assistant principal, and other
administrator contracts. After the effective date of this
amendatory Act of 1997 and the expiration of contracts in
effect on the effective date of this amendatory Act, school
districts may only employ principals, assistant principals,
and other school administrators under either a contract for a
period not to exceed one year or a performance-based contract
for a period not to exceed 5 years, unless the provisions of
Section 10-23.8b of this Code or subsection (e) of Section
24A-15 of this Code otherwise apply.
    Performance-based contracts shall be linked to student
performance and academic improvement attributable to the
responsibilities and duties of the principal, assistant
principal, or administrator. No performance-based contract
shall be extended or rolled-over prior to its scheduled
expiration unless all the performance and improvement goals
contained in the contract have been met. Each performance-based
contract shall include the goals and indicators of student
performance and academic improvement determined and used by the
local school board to measure the performance and effectiveness
of the principal, assistant principal, or other administrator
and such other information as the local school board may
determine.
    By accepting the terms of a multi-year contract, the
principal, assistant principal, or administrator waives all
rights granted him or her under Sections 24-11 through 24-16 of
this Act only for the term of the multi-year contract. Upon
acceptance of a multi-year contract, the principal, assistant
principal, or administrator shall not lose any previously
acquired tenure credit with the district.
(Source: P.A. 94-1039, eff. 7-20-06.)
 
    (105 ILCS 5/10-23.8b)  (from Ch. 122, par. 10-23.8b)
    Sec. 10-23.8b. Reclassification of principals and
assistant principals. Upon non-renewal of a principal's or
assistant principal's administrative contract, the principal
or assistant principal shall be reclassified pursuant to this
Section. No principal or assistant principal who has completed
2 or more years of administrative service in the school
district may be reclassified by demotion or reduction in rank
from one position within a school district to another for which
a lower salary is paid without written notice from the board of
the proposed reclassification by April 1 of the year in which
the contract expires.
    Within 10 days of the principal's or assistant principal's
receipt of this notice, the school board shall provide the
principal or assistant principal with a written statement of
the facts regarding reclassification, and the principal or
assistant principal may request and receive a private hearing
with the board to discuss the reasons for the reclassification.
If the principal or assistant principal is not satisfied with
the results of the private hearing, he or she may, within 5
days thereafter, request and receive a public hearing on the
reclassification. Any principal or assistant principal may be
represented by counsel at a private or public hearing conducted
under this Section.
    If the board decides to proceed with the reclassification,
it shall give the principal or assistant principal written
notice of its decision within 15 days of the private hearing or
within 15 days of the public hearing held under this Section
whichever is later. The decision of the board thereupon becomes
final.
    Nothing in this Section prohibits a board from ordering
lateral transfers of principals or assistant principals to
positions of similar rank and equal salary.
    The changes made by Public Act 94-201 this amendatory Act
of the 94th General Assembly are declaratory of existing law.
(Source: P.A. 94-201, eff. 1-1-06.)
 
    (105 ILCS 5/24A-15)
    Sec. 24A-15. Development of evaluation plan for principals
and assistant principals.
    (a) Each school district, except for a school district
organized under Article 34 of this Code, shall establish a
principal and assistant principal evaluation plan in
accordance with this Section. The plan must ensure that each
principal and assistant principal is evaluated as follows:
        (1) For a principal or assistant principal on a
    single-year contract, the evaluation must take place by
    March 1 of each year.
        (2) For a principal or assistant principal on a
    multi-year contract under Section 10-23.8a of this Code,
    the evaluation must take place by March 1 of the final year
    of the contract.
    On and after September 1, 2012, the plan must:
        (i) rate the principal's or assistant principal's
    performance as "excellent", "proficient", "needs
    improvement" or "unsatisfactory"; and
        (ii) ensure that each principal and assistant
    principal is evaluated at least once every school year.
    Nothing in this Section prohibits a school district from
conducting additional evaluations of principals and assistant
principals.
    (b) The evaluation shall include a description of the
principal's or assistant principal's duties and
responsibilities and the standards to which the principal or
assistant principal is expected to conform.
    (c) The evaluation for a principal must be performed by the
district superintendent, the superintendent's designee, or, in
the absence of the superintendent or his or her designee, an
individual appointed by the school board who holds a registered
Type 75 State administrative certificate.
    Prior to September 1, 2012, the evaluation must be in
writing and must at least do all of the following:
        (1) Consider the principal's specific duties,
    responsibilities, management, and competence as a
    principal.
        (2) Specify the principal's strengths and weaknesses,
    with supporting reasons.
        (3) Align with research-based standards established by
    administrative rule.
    On and after September 1, 2012, the evaluation must, in
addition to the requirements in items (1), (2), and (3) of this
subsection (c), provide for the use of data and indicators on
student growth as a significant factor in rating performance.
    (c-5) The evaluation of an assistant principal must be
performed by the principal, the district superintendent, the
superintendent's designee, or, in the absence of the
superintendent or his or her designee, an individual appointed
by the school board who holds a registered Type 75 State
administrative certificate. The evaluation must be in writing
and must at least do all of the following:
        (1) Consider the assistant principal's specific
    duties, responsibilities, management, and competence as an
    assistant principal.
        (2) Specify the assistant principal's strengths and
    weaknesses with supporting reasons.
        (3) Align with the Illinois Professional Standards for
    School Leaders or research-based district standards.
    On and after September 1, 2012, the evaluation must, in
addition to the requirements in items (1), (2), and (3) of this
subsection (c-5), provide for the use of data and indicators on
student growth as a significant factor in rating performance.
    (d) One copy of the evaluation must be included in the
principal's or assistant principal's personnel file and one
copy of the evaluation must be provided to the principal or
assistant principal.
    (e) Failure by a district to evaluate a principal or
assistant principal and to provide the principal or assistant
principal with a copy of the evaluation at least once during
the term of the principal's or assistant principal's contract,
in accordance with this Section, is evidence that the principal
or assistant principal is performing duties and
responsibilities in at least a satisfactory manner and shall
serve to automatically extend the principal's or assistant
principal's contract for a period of one year after the
contract would otherwise expire, under the same terms and
conditions as the prior year's contract. The requirements in
this Section are in addition to the right of a school board to
reclassify a principal or assistant principal pursuant to
Section 10-23.8b of this Code.
    (f) Nothing in this Section prohibits a school board from
ordering lateral transfers of principals or assistant
principals to positions of similar rank and salary.
(Source: P.A. 96-861, eff. 1-15-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2011