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91_HB3840
LRB9111385NTks
1 AN ACT to amend the School Code by changing Sections
2 34-2.1, 34-2.3, and 34-8.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 34-2.1, 34-2.3, and 34-8.1 as follows:
7 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
8 Sec. 34-2.1. Local School Councils - Composition -
9 Voter-Eligibility - Elections - Terms.
10 (a) A local school council shall be established for each
11 attendance center within the school district. Each local
12 school council shall consist of the following 11 voting
13 members: the principal of the attendance center, 2 teachers
14 employed and assigned to perform the majority of their
15 employment duties at the attendance center, 6 parents of
16 students currently enrolled at the attendance center and 2
17 community residents. Neither the parents nor the community
18 residents who serve as members of the local school council
19 shall be employees of the Board of Education. In each
20 secondary attendance center, the local school council shall
21 consist of 12 voting members -- the 11 voting members
22 described above and one full-time student member, appointed
23 as provided in subsection (m) below. In the event that the
24 chief executive officer of the Chicago School Reform Board of
25 Trustees determines that a local school council is not
26 carrying out its financial duties effectively, the chief
27 executive officer is authorized to appoint a representative
28 of the business community with experience in finance and
29 management to serve as an advisor to the local school council
30 for the purpose of providing advice and assistance to the
31 local school council on fiscal matters. The advisor shall
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1 have access to relevant financial records of the local school
2 council. The advisor may attend executive sessions. The
3 chief executive officer shall issue a written policy defining
4 the circumstances under which a local school council is not
5 carrying out its financial duties effectively.
6 (b) Within 7 days of January 11, 1991, the Mayor shall
7 appoint the members and officers (a Chairperson who shall be
8 a parent member and a Secretary) of each local school council
9 who shall hold their offices until their successors shall be
10 elected and qualified. Members so appointed shall have all
11 the powers and duties of local school councils as set forth
12 in this amendatory Act of 1991. The Mayor's appointments
13 shall not require approval by the City Council.
14 The membership of each local school council shall be
15 encouraged to be reflective of the racial and ethnic
16 composition of the student population of the attendance
17 center served by the local school council.
18 (c) Beginning with the 1995-1996 school year and in
19 every even-numbered year thereafter, the Board shall set
20 second semester Parent Report Card Pick-up Day for Local
21 School Council elections and may schedule elections at
22 year-round schools for the same dates as the remainder of the
23 school system. Elections shall be conducted as provided
24 herein by the Board of Education in consultation with the
25 local school council at each attendance center.
26 (d) Beginning with the 1995-96 school year, the
27 following procedures shall apply to the election of local
28 school council members at each attendance center:
29 (i) The elected members of each local school
30 council shall consist of the 6 parent members and the 2
31 community resident members.
32 (ii) Each elected member shall be elected by the
33 eligible voters of that attendance center to serve for a
34 two-year term commencing on July 1 immediately following
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1 the election described in subsection (c). Eligible
2 voters for each attendance center shall consist of the
3 parents and community residents for that attendance
4 center.
5 (iii) Each eligible voter shall be entitled to cast
6 one vote for up to a total of 5 candidates, irrespective
7 of whether such candidates are parent or community
8 resident candidates.
9 (iv) Each parent voter shall be entitled to vote in
10 the local school council election at each attendance
11 center in which he or she has a child currently enrolled.
12 Each community resident voter shall be entitled to vote
13 in the local school council election at each attendance
14 center for which he or she resides in the applicable
15 attendance area or voting district, as the case may be.
16 (v) Each eligible voter shall be entitled to vote
17 once, but not more than once, in the local school council
18 election at each attendance center at which the voter is
19 eligible to vote.
20 (vi) The 2 teacher members of each local school
21 council shall be appointed as provided in subsection (l)
22 below each to serve for a two-year term coinciding with
23 that of the elected parent and community resident
24 members.
25 (vii) At secondary attendance centers, the voting
26 student member shall be appointed as provided in
27 subsection (m) below to serve for a one-year term
28 coinciding with the beginning of the terms of the elected
29 parent and community members of the local school council.
30 (e) The Council shall publicize the date and place of
31 the election by posting notices at the attendance center, in
32 public places within the attendance boundaries of the
33 attendance center and by distributing notices to the pupils
34 at the attendance center, and shall utilize such other means
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1 as it deems necessary to maximize the involvement of all
2 eligible voters.
3 (f) Nomination. The Council shall publicize the opening
4 of nominations by posting notices at the attendance center,
5 in public places within the attendance boundaries of the
6 attendance center and by distributing notices to the pupils
7 at the attendance center, and shall utilize such other means
8 as it deems necessary to maximize the involvement of all
9 eligible voters. Not less than 2 weeks before the election
10 date, persons eligible to run for the Council shall submit
11 their name, date of birth, social security number, if
12 available, and some evidence of eligibility to the Council.
13 The Council shall encourage nomination of candidates
14 reflecting the racial/ethnic population of the students at
15 the attendance center. Each person nominated who runs as a
16 candidate shall disclose, in a manner determined by the
17 Board, any economic interest held by such person, by such
18 person's spouse or children, or by each business entity in
19 which such person has an ownership interest, in any contract
20 with the Board, any local school council or any public school
21 in the school district. Each person nominated who runs as a
22 candidate shall also disclose, in a manner determined by the
23 Board, if he or she ever has been convicted of any of the
24 offenses specified in subsection (c) of Section 34-18.5;
25 provided that neither this provision nor any other provision
26 of this Section shall be deemed to require the disclosure of
27 any information that is contained in any law enforcement
28 record or juvenile court record that is confidential or whose
29 accessibility or disclosure is restricted or prohibited under
30 Section 5-901 or 5-905 of the Juvenile Court Act of 1987.
31 Failure to make such disclosure shall render a person
32 ineligible for election or to serve on the local school
33 council. The same disclosure shall be required of persons
34 under consideration for appointment to the Council pursuant
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1 to subsections (l) and (m) of this Section.
2 (f-5) Notwithstanding disclosure, a person who has been
3 convicted of any of the following offenses at any time shall
4 be ineligible for election or appointment to a local school
5 council and ineligible for appointment to a local school
6 council pursuant to subsections (l) and (m) of this Section:
7 (i) those defined in Section 11-6, 11-9.1, 11-16, 11-17.1,
8 11-19, 11-19.1, 11-19.2, 11-20.1, 12-13, 12-14, 12-14.1,
9 12-15, or 12-16 of the Criminal Code of 1961 or (ii) any
10 offense committed or attempted in any other state or against
11 the laws of the United States, which, if committed or
12 attempted in this State, would have been punishable as one or
13 more of the foregoing offenses. Notwithstanding disclosure,
14 a person who has been convicted of any of the following
15 offenses within the 10 years previous to the date of
16 nomination or appointment shall be ineligible for election or
17 appointment to a local school council pursuant to subsections
18 (l) and (m) of this Section: (i) those defined in Section
19 401.1, 405.1, or 405.2 of the Illinois Controlled Substances
20 Act or (ii) any offense committed or attempted in any other
21 state or against the laws of the United States, which, if
22 committed or attempted in this State, would have been
23 punishable as one or more of the foregoing offenses.
24 Immediately upon election or appointment, incoming local
25 school council members shall be required to undergo a
26 criminal background investigation, to be completed prior to
27 the member taking office, using the member's name, date of
28 birth, and social security number, if available, in order to
29 identify any criminal convictions under the offenses
30 enumerated in Section 34-18.5. The investigation shall be
31 conducted by the Department of State Police in the same
32 manner as provided for in Section 34-18.5. In instances in
33 which one or more individuals have the same name, date of
34 birth, and social security number as the member, the member
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1 shall undergo a fingerprint background check. If it is
2 determined at any time that a local school council member or
3 member-elect has been convicted of any of the offenses
4 enumerated in this Section or failed to disclose a conviction
5 of any of the offenses enumerated in Section 34-18.5, the
6 general superintendent shall notify the local school council
7 member or member-elect of such determination and the local
8 school council member or member-elect shall be removed from
9 the local school council by the Board, subject to a hearing,
10 convened pursuant to Board rule, prior to removal.
11 (g) At least one week before the election date, the
12 Council shall publicize, in the manner provided in subsection
13 (e), the names of persons nominated for election.
14 (h) Voting shall be in person by secret ballot at the
15 attendance center between the hours of 6:00 a.m. and 7:00
16 p.m.
17 (i) Candidates receiving the highest number of votes
18 shall be declared elected by the Council. In cases of a tie,
19 the Council shall determine the winner by lot.
20 (j) The Council shall certify the results of the
21 election and shall publish the results in the minutes of the
22 Council.
23 (k) The general superintendent shall resolve any
24 disputes concerning election procedure or results and shall
25 ensure that, except as provided in subsections (e) and (g),
26 no resources of any attendance center shall be used to
27 endorse or promote any candidate.
28 (l) Beginning with the 1995-1996 school year and in
29 every even numbered year thereafter, the Board shall appoint
30 2 teacher members to each local school council. These
31 appointments shall be made in the following manner:
32 (i) The Board shall appoint 2 teachers who are
33 employed and assigned to perform the majority of their
34 employment duties at the attendance center to serve on
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1 the local school council of the attendance center for a
2 two-year term coinciding with the terms of the elected
3 parent and community members of that local school
4 council. These appointments shall be made from among
5 those teachers who are nominated in accordance with
6 subsection (f).
7 (ii) A non-binding, advisory poll to ascertain the
8 preferences of the school staff regarding appointments of
9 teachers to the local school council for that attendance
10 center shall be conducted in accordance with the
11 procedures used to elect parent and community Council
12 representatives. At such poll, each member of the school
13 staff shall be entitled to indicate his or her preference
14 for up to 2 candidates from among those who submitted
15 statements of candidacy as described above. These
16 preferences shall be advisory only and the Board shall
17 maintain absolute discretion to appoint teacher members
18 to local school councils, irrespective of the preferences
19 expressed in any such poll.
20 (iii) In the event that a teacher representative is
21 unable to perform his or her employment duties at the
22 school due to illness, disability, leave of absence,
23 disciplinary action, or any other reason, the Board shall
24 declare a temporary vacancy and appoint a replacement
25 teacher representative to serve on the local school
26 council until such time as the teacher member originally
27 appointed pursuant to this subsection (l) resumes service
28 at the attendance center or for the remainder of the
29 term. The replacement teacher representative shall be
30 appointed in the same manner and by the same procedures
31 as teacher representatives are appointed in subdivisions
32 (i) and (ii) of this subsection (l).
33 (m) Beginning with the 1995-1996 school year, and in
34 every year thereafter, the Board shall appoint one student
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1 member to each secondary attendance center. These
2 appointments shall be made in the following manner:
3 (i) Appointments shall be made from among those
4 students who submit statements of candidacy to the
5 principal of the attendance center, such statements to be
6 submitted commencing on the first day of the twentieth
7 week of school and continuing for 2 weeks thereafter.
8 The form and manner of such candidacy statements shall be
9 determined by the Board.
10 (ii) During the twenty-second week of school in
11 every year, the principal of each attendance center shall
12 conduct a non-binding, advisory poll to ascertain the
13 preferences of the school students regarding the
14 appointment of a student to the local school council for
15 that attendance center. At such poll, each student shall
16 be entitled to indicate his or her preference for up to
17 one candidate from among those who submitted statements
18 of candidacy as described above. The Board shall
19 promulgate rules to ensure that these non-binding,
20 advisory polls are conducted in a fair and equitable
21 manner and maximize the involvement of all school
22 students. The preferences expressed in these
23 non-binding, advisory polls shall be transmitted by the
24 principal to the Board. However, these preferences shall
25 be advisory only and the Board shall maintain absolute
26 discretion to appoint student members to local school
27 councils, irrespective of the preferences expressed in
28 any such poll.
29 (iii) For the 1995-96 school year only,
30 appointments shall be made from among those students who
31 submitted statements of candidacy to the principal of the
32 attendance center during the first 2 weeks of the school
33 year. The principal shall communicate the results of any
34 nonbinding, advisory poll to the Board. These results
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1 shall be advisory only, and the Board shall maintain
2 absolute discretion to appoint student members to local
3 school councils, irrespective of the preferences
4 expressed in any such poll.
5 (n) The Board may promulgate such other rules and
6 regulations for election procedures as may be deemed
7 necessary to ensure fair elections.
8 (o) In the event that a vacancy occurs during a member's
9 term, the Council shall appoint a person eligible to serve on
10 the Council, to fill the unexpired term created by the
11 vacancy, except that any teacher vacancy shall be filled by
12 the Board after considering the preferences of the school
13 staff as ascertained through a non-binding advisory poll of
14 school staff.
15 (p) If less than the specified number of persons is
16 elected within each candidate category, the newly elected
17 local school council shall appoint eligible persons to serve
18 as members of the Council for two-year terms.
19 (q) The Board shall promulgate rules regarding conflicts
20 of interest and disclosure of economic interests which shall
21 apply to local school council members and which shall require
22 reports or statements to be filed by Council members at
23 regular intervals with the Secretary of the Board. Failure
24 to comply with such rules or intentionally falsifying such
25 reports shall be grounds for disqualification from local
26 school council membership. A vacancy on the Council for
27 disqualification may be so declared by the Secretary of the
28 Board. Rules regarding conflicts of interest and disclosure
29 of economic interests promulgated by the Board shall apply to
30 local school council members. No less than 45 days prior to
31 the deadline, the general superintendent shall provide
32 notice, by mail, to each local school council member of all
33 requirements and forms for compliance with economic interest
34 statements.
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1 (r) (1) If a parent member of a local school council
2 ceases to have any child enrolled in the attendance center
3 governed by the Local School Council due to the graduation or
4 voluntary transfer of a child or children from the attendance
5 center, the parent's membership on the Local School Council
6 and all voting rights are terminated immediately as of the
7 date of the child's graduation or voluntary transfer.
8 Further, a local school council member may be removed from
9 the Council by a majority vote of the Council as provided in
10 subsection (c) of Section 34-2.2 if the Council member has
11 missed 3 consecutive regular meetings, not including
12 committee meetings, or 5 regular meetings in a 12 month
13 period, not including committee meetings. If a parent member
14 of a local school council ceases to be eligible to serve on
15 the Council for any other reason, he or she shall be removed
16 by the Board subject to a hearing, convened pursuant to Board
17 rule, prior to removal. A vote to remove a Council member by
18 the local school council shall only be valid if the Council
19 member has been notified personally or by certified mail,
20 mailed to the person's last known address, of the Council's
21 intent to vote on the Council member's removal at least 7
22 days prior to the vote. The Council member in question shall
23 have the right to explain his or her actions and shall be
24 eligible to vote on the question of his or her removal from
25 the Council. The provisions of this subsection shall be
26 contained within the petitions used to nominate Council
27 candidates.
28 (2) A person may continue to serve as a community
29 resident member of a local school council as long as he or
30 she resides in the attendance area served by the school and
31 is not employed by the Board nor is a parent of a student
32 enrolled at the school. If a community resident member
33 ceases to be eligible to serve on the Council, he or she
34 shall be removed by the Board subject to a hearing, convened
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1 pursuant to Board rule, prior to removal.
2 (3) A person may continue to serve as a teacher member
3 of a local school council as long as he or she is employed
4 and assigned to perform a majority of his or her duties at
5 the school, provided that if the teacher representative
6 resigns from employment with the Board or voluntarily
7 transfers to another school, the teacher's membership on the
8 local school council and all voting rights are terminated
9 immediately as of the date of the teacher's resignation or
10 upon the date of the teacher's voluntary transfer to another
11 school. If a teacher member of a local school council ceases
12 to be eligible to serve on a local school council for any
13 other reason, that member shall be removed by the Board
14 subject to a hearing, convened pursuant to Board rule, prior
15 to removal.
16 (Source: P.A. 90-378, eff. 8-14-97; 90-590, eff. 1-1-00;
17 91-622, eff. 8-19-99.)
18 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
19 Sec. 34-2.3. Local school councils - Powers and duties.
20 Each local school council shall have and exercise, consistent
21 with the provisions of this Article and the powers and duties
22 of the board of education, the following powers and duties:
23 1. (A) To annually evaluate the performance of the
24 principal of the attendance center using a Board approved
25 principal evaluation form, which shall include the evaluation
26 of (i) student academic improvement, as defined by the school
27 improvement plan, (ii) student absenteeism rates at the
28 school, (iii) instructional leadership, (iv) the effective
29 implementation of programs, policies, or strategies to
30 improve student academic achievement, (v) school management,
31 and (vi) any other factors deemed relevant by the local
32 school council, including, without limitation, the
33 principal's communication skills and ability to create and
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1 maintain a student-centered learning environment, to develop
2 opportunities for professional development, and to encourage
3 parental involvement and community partnerships to achieve
4 school improvement;
5 (B) to determine in the manner provided by subsection
6 (c) of Section 34-2.2 whether the performance contract of the
7 principal shall be renewed; and
8 (C) to directly select, in the manner provided by
9 subsection (c) of Section 34-2.2, a new principal (including
10 a new principal to fill a vacancy) -- without submitting any
11 list of candidates for that position to the general
12 superintendent as provided in paragraph 2 of this Section --
13 to serve under a 4 year performance contract; provided that
14 (i) the determination of whether the principal's performance
15 contract is to be renewed and -- in cases where such
16 performance contract is not renewed -- a direct selection of
17 a new principal -- to serve under a 4 year performance
18 contract shall be made by the local school council no later
19 than 45 days prior to the expiration of the current
20 performance contract of the principal, and (ii) a selection
21 by the local school council of a new principal to fill a
22 vacancy under a 4 year performance contract shall be made
23 within 90 days after the date such vacancy occurs. A Council
24 shall be required, if requested by the principal, to provide
25 in writing the reasons for the council's not renewing the
26 principal's contract.
27 1.5. The local school council's determination of whether
28 to renew the principal's contract shall be based on an
29 evaluation to assess the educational and administrative
30 progress made at the school during the principal's current
31 performance-based contract. The local school council shall
32 base its evaluation on (i) student academic improvement, as
33 defined by the school improvement plan, (ii) student
34 absenteeism rates at the school, (iii) instructional
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1 leadership, (iv) the effective implementation of programs,
2 policies, or strategies to improve student academic
3 achievement, (v) school management, and (vi) any other
4 factors deemed relevant by the local school council,
5 including, without limitation, the principal's communication
6 skills and ability to create and maintain a student-centered
7 learning environment, to develop opportunities for
8 professional development, and to encourage parental
9 involvement and community partnerships to achieve school
10 improvement. If a local school council fails to renew the
11 performance contract of a principal rated by the general
12 superintendent, or his or her designee, in the previous
13 years' evaluations as meeting or exceeding expectations, the
14 principal, within 15 days after the local school council's
15 decision not to renew the contract, may request a review of
16 the local school council's principal non-retention decision
17 by a hearing officer appointed by the American Arbitration
18 Association. A local school council member or members or the
19 general superintendent may support the principal's request
20 for review. During the period of the hearing officer's review
21 of the local school council's decision on whether or not to
22 retain the principal, the local school council shall maintain
23 all authority to search for eligible candidates for and
24 contract with a person to serve as interim or acting
25 principal, or as the principal of the attendance center under
26 a 4-year performance contract, provided that the local school
27 council shall not execute a contract with an individual for
28 the school's principalship prior to the hearing officer's
29 decision any performance contract entered into by the local
30 school council shall be voidable or modified in accordance
31 with the decision of the hearing officer. The principal may
32 request review only once while at that attendance center. If
33 a local school council renews the contract of a principal who
34 failed to obtain a rating of "meets" or "exceeds
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1 expectations" in the general superintendent's evaluation for
2 the previous year, a local school council member or members
3 or the general superintendent, within 15 days after the local
4 school council's decision to renew the contract, may request
5 a review of the local school council's principal retention
6 decision by a hearing officer appointed by the American
7 Arbitration Association. The local school council member or
8 members or the general superintendent may request a review
9 only once for that principal at that attendance center. All
10 requests to review the retention or non-retention of a
11 principal shall be submitted to the general superintendent,
12 who shall, in turn, forward such requests, within 14 days of
13 receipt, to the American Arbitration Association. If the
14 local school council retains the principal and the general
15 superintendent requests a review of the retention decision,
16 the local school council principal and the general
17 superintendent shall be considered adversarial parties to the
18 arbitration and a hearing officer shall be chosen between
19 those 2 parties pursuant to procedures promulgated by the
20 State Board of Education as described in Section 34-85 of
21 this Code. If the local school council retains the principal
22 and a member or members of the local school council requests
23 a review of the principal's contract, the principal and the
24 local school council shall be considered adversarial parties
25 to the arbitration and a hearing officer shall be chosen
26 between those 2 parties pursuant to procedures promulgated by
27 the State Board of Education as described in Section 34-85 of
28 this Code. If the local school council does not retain the
29 principal and the principal requests a review of the
30 retention decision, the local school council and the
31 principal shall be considered adversarial parties to the
32 arbitration and a hearing officer shall be chosen between
33 those 2 parties pursuant to procedures promulgated by the
34 State Board of Education in the manner described in Section
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1 34-85 of this Code. The hearing shall begin within 45 days
2 after the initial request for review. The hearing officer
3 shall render a decision within 45 days after the hearing
4 begins. The Board shall contract with the American
5 Arbitration Association for all of the hearing officer's
6 reasonable and necessary costs. In addition, the Board shall
7 pay any reasonable costs incurred by a local school council
8 for representation before a hearing officer.
9 1.10. The hearing officer shall conduct a hearing, which
10 shall include (i) a review of the principal's performance,
11 evaluations, and other evidence of the principal's service at
12 the school, (ii) reasons provided by the local school council
13 for its decision, and (iii) documentation evidencing views of
14 interested persons, including, without limitation, students,
15 parents, local school council members, school faculty and
16 staff, the principal, the general superintendent or his or
17 her designee, and members of the community. The hearing
18 officer shall set the local school council decision aside if
19 that decision, in light of the record developed at the
20 hearing, is arbitrary and capricious. The decision of the
21 hearing officer may not be appealed to the Board or the State
22 Board of Education. If the hearing officer decides that the
23 principal shall be retained, the retention period shall not
24 exceed 2 years.
25 2. In the event (i) the local school council does not
26 renew the performance contract of the principal, or the
27 principal fails to receive a satisfactory rating as provided
28 in subsection (h) of Section 34-8.3, or the principal is
29 removed for cause during the term of his or her performance
30 contract in the manner provided by Section 34-85, or a
31 vacancy in the position of principal otherwise occurs prior
32 to the expiration of the term of a principal's performance
33 contract, and (ii) the local school council fails to directly
34 select a new principal to serve under a 4 year performance
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1 contract, the local school council in such event shall submit
2 to the general superintendent a list of 3 candidates --
3 listed in the local school council's order of preference --
4 for the position of principal, one of which shall be selected
5 by the general superintendent to serve as principal of the
6 attendance center. If the general superintendent fails or
7 refuses to select one of the candidates on the list to serve
8 as principal within 30 days after being furnished with the
9 candidate list, the general superintendent shall select and
10 place a principal on an interim basis (i) for a period not to
11 exceed one year or (ii) until the local school council
12 selects a new principal with 7 affirmative votes as provided
13 in subsection (c) of Section 34-2.2, whichever occurs first.
14 If the local school council fails or refuses to select and
15 appoint a new principal, as specified by subsection (c) of
16 Section 34-2.2, the general superintendent may select and
17 appoint a new principal on an interim basis for an additional
18 year or until a new contract principal is selected by the
19 local school council. There shall be no discrimination on
20 the basis of race, sex, creed, color or disability unrelated
21 to ability to perform in connection with the submission of
22 candidates for, and the selection of a candidate to serve as
23 principal of an attendance center. No person shall be
24 directly selected, listed as a candidate for, or selected to
25 serve as principal of an attendance center (i) if such person
26 has been removed for cause from employment by the Board or
27 (ii) if such person does not hold a valid administrative
28 certificate issued or exchanged under Article 21 and endorsed
29 as required by that Article for the position of principal. A
30 principal whose performance contract is not renewed as
31 provided under subsection (c) of Section 34-2.2 may
32 nevertheless, if otherwise qualified and certified as herein
33 provided and if he or she has received a satisfactory rating
34 as provided in subsection (h) of Section 34-8.3, be included
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1 by a local school council as one of the 3 candidates listed
2 in order of preference on any candidate list from which one
3 person is to be selected to serve as principal of the
4 attendance center under a new performance contract. The
5 initial candidate list required to be submitted by a local
6 school council to the general superintendent in cases where
7 the local school council does not renew the performance
8 contract of its principal and does not directly select a new
9 principal to serve under a 4 year performance contract shall
10 be submitted not later than 30 days prior to the expiration
11 of the current performance contract. In cases where the
12 local school council fails or refuses to submit the candidate
13 list to the general superintendent no later than 30 days
14 prior to the expiration of the incumbent principal's
15 contract, the general superintendent may appoint a principal
16 on an interim basis for a period not to exceed one year,
17 during which time the local school council shall be able to
18 select a new principal with 7 affirmative votes as provided
19 in subsection (c) of Section 34-2.2. In cases where a
20 principal is removed for cause or a vacancy otherwise occurs
21 in the position of principal and the vacancy is not filled by
22 direct selection by the local school council, the candidate
23 list shall be submitted by the local school council to the
24 general superintendent within 90 days after the date such
25 removal or vacancy occurs. In cases where the local school
26 council fails or refuses to submit the candidate list to the
27 general superintendent within 90 days after the date of the
28 vacancy, the general superintendent may appoint a principal
29 on an interim basis for a period of one year, during which
30 time the local school council shall be able to select a new
31 principal with 7 affirmative votes as provided in subsection
32 (c) of Section 34-2.2.
33 2.5. Whenever a vacancy in the office of a principal
34 occurs for any reason, the vacancy shall be filled in the
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1 manner provided by this Section by the selection of a new
2 principal to serve under a 4 year performance contract.
3 3. To establish additional criteria to be included as
4 part of the performance contract of its principal, provided
5 that such additional criteria shall not discriminate on the
6 basis of race, sex, creed, color or disability unrelated to
7 ability to perform, and shall not be inconsistent with the
8 uniform 4 year performance contract for principals developed
9 by the board as provided in Section 34-8.1 of the School Code
10 or with other provisions of this Article governing the
11 authority and responsibility of principals.
12 4. To approve the expenditure plan prepared by the
13 principal with respect to all funds allocated and distributed
14 to the attendance center by the Board. The expenditure plan
15 shall be administered by the principal. Notwithstanding any
16 other provision of this Act or any other law, any expenditure
17 plan approved and administered under this Section 34-2.3
18 shall be consistent with and subject to the terms of any
19 contract for services with a third party entered into by the
20 Chicago School Reform Board of Trustees or the board under
21 this Act.
22 Via a supermajority vote of 7 members of the local school
23 council or 8 members of a high school local school council,
24 the Council may transfer allocations pursuant to Section
25 34-2.3 within funds; provided that such a transfer is
26 consistent with applicable law and collective bargaining
27 agreements.
28 Beginning in fiscal year 1991 and in each fiscal year
29 thereafter, the Board may reserve up to 1% of its total
30 fiscal year budget for distribution on a prioritized basis to
31 schools throughout the school system in order to assure
32 adequate programs to meet the needs of special student
33 populations as determined by the Board. This distribution
34 shall take into account the needs catalogued in the
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1 Systemwide Plan and the various local school improvement
2 plans of the local school councils. Information about these
3 centrally funded programs shall be distributed to the local
4 school councils so that their subsequent planning and
5 programming will account for these provisions.
6 Beginning in fiscal year 1991 and in each fiscal year
7 thereafter, from other amounts available in the applicable
8 fiscal year budget, the board shall allocate a lump sum
9 amount to each local school based upon such formula as the
10 board shall determine taking into account the special needs
11 of the student body. The local school principal shall
12 develop an expenditure plan in consultation with the local
13 school council, the professional personnel advisory committee
14 and with all other school personnel, which reflects the
15 priorities and activities as described in the school's local
16 school improvement plan and is consistent with applicable law
17 and collective bargaining agreements and with board policies
18 and standards; however, the local school council shall have
19 the right to request waivers of board policy from the board
20 of education and waivers of employee collective bargaining
21 agreements pursuant to Section 34-8.1a.
22 The expenditure plan developed by the principal with
23 respect to amounts available from the fund for prioritized
24 special needs programs and the allocated lump sum amount must
25 be approved by the local school council.
26 The lump sum allocation shall take into account the
27 following principles:
28 a. Teachers: Each school shall be allocated funds
29 equal to the amount appropriated in the previous school
30 year for compensation for teachers (regular grades
31 kindergarten through 12th grade) plus whatever increases
32 in compensation have been negotiated contractually or
33 through longevity as provided in the negotiated
34 agreement. Adjustments shall be made due to layoff or
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1 reduction in force, lack of funds or work, change in
2 subject requirements, enrollment changes, or contracts
3 with third parties for the performance of services or to
4 rectify any inconsistencies with system-wide allocation
5 formulas or for other legitimate reasons.
6 b. Other personnel: Funds for other teacher
7 certificated and uncertificated personnel paid through
8 non-categorical funds shall be provided according to
9 system-wide formulas based on student enrollment and the
10 special needs of the school as determined by the Board.
11 c. Non-compensation items: Appropriations for all
12 non-compensation items shall be based on system-wide
13 formulas based on student enrollment and on the special
14 needs of the school or factors related to the physical
15 plant, including but not limited to textbooks, supplies,
16 electricity, equipment, and routine maintenance.
17 d. Funds for categorical programs: Schools shall
18 receive personnel and funds based on, and shall use such
19 personnel and funds in accordance with State and Federal
20 requirements applicable to each categorical program
21 provided to meet the special needs of the student body
22 (including but not limited to, Federal Chapter I,
23 Bilingual, and Special Education).
24 d.1. Funds for State Title I: Each school shall
25 receive funds based on State and Board requirements
26 applicable to each State Title I pupil provided to meet
27 the special needs of the student body. Each school shall
28 receive the proportion of funds as provided in Section
29 18-8 to which they are entitled. These funds shall be
30 spent only with the budgetary approval of the Local
31 School Council as provided in Section 34-2.3.
32 e. The Local School Council shall have the right to
33 request the principal to close positions and open new
34 ones consistent with the provisions of the local school
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1 improvement plan provided that these decisions are
2 consistent with applicable law and collective bargaining
3 agreements. If a position is closed, pursuant to this
4 paragraph, the local school shall have for its use the
5 system-wide average compensation for the closed position.
6 f. Operating within existing laws and collective
7 bargaining agreements, the local school council shall
8 have the right to direct the principal to shift
9 expenditures within funds.
10 g. (Blank).
11 Any funds unexpended at the end of the fiscal year shall
12 be available to the board of education for use as part of its
13 budget for the following fiscal year.
14 5. To make recommendations to the principal concerning
15 textbook selection and concerning curriculum developed
16 pursuant to the school improvement plan which is consistent
17 with systemwide curriculum objectives in accordance with
18 Sections 34-8 and 34-18 of the School Code and in conformity
19 with the collective bargaining agreement.
20 6. To advise the principal concerning the attendance and
21 disciplinary policies for the attendance center, subject to
22 the provisions of this Article and Article 26, and consistent
23 with the uniform system of discipline established by the
24 board pursuant to Section 34-19.
25 7. To approve a school improvement plan developed as
26 provided in Section 34-2.4. The process and schedule for plan
27 development shall be publicized to the entire school
28 community, and the community shall be afforded the
29 opportunity to make recommendations concerning the plan. At
30 least twice a year the principal and local school council
31 shall report publicly on progress and problems with respect
32 to plan implementation.
33 8. To evaluate the allocation of teaching resources and
34 other certificated and uncertificated staff to the attendance
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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;
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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
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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.
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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 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
6 Sec. 34-8.1. Principals. Principals shall be employed to
7 supervise the operation of each attendance center. Their
8 powers and duties shall include but not be limited to the
9 authority (i) to direct, supervise, evaluate, and suspend
10 with or without pay or otherwise discipline all teachers,
11 assistant principals, and other employees assigned to the
12 attendance center in accordance with board rules and policies
13 and (ii) to direct all other persons assigned to the
14 attendance center pursuant to a contract with a third party
15 to provide services to the school system. The right to
16 employ, discharge, and layoff shall be vested solely with the
17 board. The principal shall fill positions by appointment as
18 provided in this Section and may make recommendations to the
19 board regarding the employment, discharge, or layoff of any
20 individual. The authority of the principal shall include the
21 authority to direct the hours during which the attendance
22 center shall be open and available for use provided the use
23 complies with board rules and policies, to determine when and
24 what operations shall be conducted within those hours, and to
25 schedule staff within those hours. Under the direction of,
26 and subject to the authority of the principal, the Engineer
27 In Charge shall be accountable for the safe, economical
28 operation of the plant and grounds and shall also be
29 responsible for orientation, training, and supervising the
30 work of Engineers, Trainees, school maintenance assistants,
31 custodial workers and other plant operation employees under
32 his or her direction.
33 There shall be established by the board a system of
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1 semi-annual evaluations conducted by the principal as to
2 performance of the engineer in charge. Nothing in this
3 Section shall prevent the principal from conducting
4 additional evaluations. An overall numerical rating shall
5 be given by the principal based on the evaluation conducted
6 by the principal. An unsatisfactory numerical rating shall
7 result in disciplinary action, which may include, without
8 limitation and in the judgment of the principal, loss of
9 promotion or bidding procedure, reprimand, suspension with or
10 without pay, or recommended dismissal. The board shall
11 establish procedures for conducting the evaluation and
12 reporting the results to the engineer in charge.
13 Under the direction of, and subject to the authority of,
14 the principal, the Food Service Manager is responsible at all
15 times for the proper operation and maintenance of the lunch
16 room to which he is assigned and shall also be responsible
17 for the orientation, training, and supervising the work of
18 cooks, bakers, porters, and lunchroom attendants under his or
19 her direction.
20 There shall be established by the Board a system of
21 semi-annual evaluations conducted by the principal as to the
22 performance of the food service manager. Nothing in this
23 Section shall prevent the principal from conducting
24 additional evaluations. An overall numerical rating shall be
25 given by the principal based on the evaluation conducted by
26 the principal. An unsatisfactory numerical rating shall
27 result in disciplinary action which may include, without
28 limitation and in the judgment of the principal, loss of
29 promotion or bidding procedure, reprimand, suspension with or
30 without pay, or recommended dismissal. The board shall
31 establish rules for conducting the evaluation and reporting
32 the results to the food service manager.
33 Nothing in this Section shall be interpreted to require
34 the employment or assignment of an Engineer-In-Charge or a
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1 Food Service Manager for each attendance center.
2 Principals shall be employed to supervise the educational
3 operation of each attendance center. If a principal is absent
4 due to extended illness or leave or absence, an assistant
5 principal may be assigned as acting principal for a period
6 not to exceed 100 school days. Each principal shall assume
7 administrative responsibility and instructional leadership,
8 in accordance with reasonable rules and regulations of the
9 board, for the planning, operation and evaluation of the
10 educational program of the attendance center to which he is
11 assigned. The principal shall submit recommendations to the
12 general superintendent concerning the appointment, dismissal,
13 retention, promotion, and assignment of all personnel
14 assigned to the attendance center; provided, that from and
15 after September 1, 1989: (i) if any vacancy occurs in a
16 position at the attendance center or if an additional or new
17 position is created at the attendance center, that position
18 shall be filled by appointment made by the principal in
19 accordance with procedures established and provided by the
20 Board whenever the majority of the duties included in that
21 position are to be performed at the attendance center which
22 is under the principal's supervision, and each such
23 appointment so made by the principal shall be made and based
24 upon merit and ability to perform in that position without
25 regard to seniority or length of service, provided, that such
26 appointments shall be subject to the Board's desegregation
27 obligations, including but not limited to the Consent Decree
28 and Desegregation Plan in U.S. v. Chicago Board of Education;
29 (ii) the principal shall submit recommendations based upon
30 merit and ability to perform in the particular position,
31 without regard to seniority or length of service, to the
32 general superintendent concerning the appointment of any
33 teacher, teacher aide, counselor, clerk, hall guard, security
34 guard and any other personnel which is to be made by the
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1 general superintendent whenever less than a majority of the
2 duties of that teacher, teacher aide, counselor, clerk, hall
3 guard, and security guard and any other personnel are to be
4 performed at the attendance center which is under the
5 principal's supervision; and (iii) subject to law and the
6 applicable collective bargaining agreements, the authority
7 and responsibilities of a principal with respect to the
8 evaluation of all teachers and other personnel assigned to an
9 attendance center shall commence immediately upon his or her
10 appointment as principal of the attendance center, without
11 regard to the length of time that he or she has been the
12 principal of that attendance center.
13 Notwithstanding the existence of any other law of this
14 State, nothing in this Act shall prevent the board from
15 entering into a contract with a third party for services
16 currently performed by any employee or bargaining unit
17 member.
18 Notwithstanding any other provision of this Article, each
19 principal may approve contracts, binding on the board, in the
20 amount of no more than $10,000, if the contract is endorsed
21 by the Local School Council.
22 Unless otherwise prohibited by law or by rule of the
23 board, the principal shall provide to local school council
24 members copies of all internal audits and any other pertinent
25 information generated by any audits or reviews of the
26 programs and operation of the attendance center.
27 Each principal shall hold a valid administrative
28 certificate issued or exchanged in accordance with Article 21
29 and endorsed as required by that Article for the position of
30 principal. The board may establish or impose academic,
31 educational, examination, and experience requirements and
32 criteria that are in addition to those established and
33 required by Article 21 for issuance of a valid certificate
34 endorsed for the position of principal as a condition of the
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1 nomination, selection, appointment, employment, or continued
2 employment of a person as principal of any attendance center,
3 or as a condition of the renewal of any principal's
4 performance contract.
5 The board shall specify in its formal job description for
6 principals, and from and after July 1, 1990 shall specify in
7 the 4 year performance contracts for use with respect to all
8 principals, that his or her primary responsibility is in the
9 improvement of instruction. A majority of the time spent by
10 a principal shall be spent on curriculum and staff
11 development through both formal and informal activities,
12 establishing clear lines of communication regarding school
13 goals, accomplishments, practices and policies with parents
14 and teachers. The principal, with the assistance of the
15 local school council, shall develop a school improvement plan
16 as provided in Section 34-2.4 and, upon approval of the plan
17 by the local school council, shall be responsible for
18 directing implementation of the plan. The principal, with the
19 assistance of the Professional Personnel Advisory Committee,
20 shall develop the specific methods and contents of the
21 school's curriculum within the board's system-wide curriculum
22 standards and objectives and the requirements of the school
23 improvement plan. The board shall ensure that all principals
24 are evaluated on their instructional leadership ability and
25 their ability to maintain a positive education and learning
26 climate. It shall also be the responsibility of the
27 principal to utilize resources of proper law enforcement
28 agencies when the safety and welfare of students and teachers
29 are threatened by illegal use of drugs and alcohol, by
30 illegal use or possession of weapons, or by illegal gang
31 activity.
32 On or before October 1, 1989, the Board of Education, in
33 consultation with any professional organization representing
34 principals in the district, shall promulgate rules and
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1 implement a lottery for the purpose of determining whether a
2 principal's existing performance contract (including the
3 performance contract applicable to any principal's position
4 in which a vacancy then exists) expires on June 30, 1990 or
5 on June 30, 1991, and whether the ensuing 4 year performance
6 contract begins on July 1, 1990 or July 1, 1991. The Board of
7 Education shall establish and conduct the lottery in such
8 manner that of all the performance contracts of principals
9 (including the performance contracts applicable to all
10 principal positions in which a vacancy then exists), 50% of
11 such contracts shall expire on June 30, 1990, and 50% shall
12 expire on June 30, 1991. All persons serving as principal on
13 May 1, 1989, and all persons appointed as principal after May
14 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a
15 manner other than as provided by Section 34-2.3, shall be
16 deemed by operation of law to be serving under a performance
17 contract which expires on June 30, 1990 or June 30, 1991; and
18 unless such performance contract of any such principal is
19 renewed (or such person is again appointed to serve as
20 principal) in the manner provided by Section 34-2.2 or
21 34-2.3, the employment of such person as principal shall
22 terminate on June 30, 1990 or June 30, 1991.
23 Commencing on July 1, 1990, or on July 1, 1991, and
24 thereafter, the principal of each attendance center shall be
25 the person selected in the manner provided by Section 34-2.3
26 to serve as principal of that attendance center under a 4
27 year performance contract. All performance contracts of
28 principals expiring after July 1, 1990, or July 1, 1991,
29 shall commence on the date specified in the contract, and the
30 renewal of their performance contracts and the appointment of
31 principals when their performance contracts are not renewed
32 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a
33 vacancy in the office of a principal occurs for any reason,
34 the vacancy shall be filled by the selection of a new
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1 principal to serve under a 4 year performance contract in the
2 manner provided by Section 34-2.3.
3 The board of education shall develop and prepare, in
4 consultation with the organization representing principals, a
5 4 year performance contract for use at all attendance
6 centers, and shall furnish the same to each local school
7 council. The term of the performance contract shall be 4
8 years, unless the principal is retained by the decision of a
9 hearing officer pursuant to subdivision 1.5 of Section
10 34-2.3, in which case the contract shall be extended for 2
11 years. The contract's 4-year term may be modified by the
12 board pursuant to the principal retention review provisions
13 of Section 34-2.3. The performance contract of each
14 principal shall consist of the uniform performance contract,
15 as developed or from time to time modified by the board, and
16 such additional criteria as are established by a local school
17 council pursuant to Section 34-2.3 for the performance
18 contract of its principal.
19 During the term of his or her performance contract, a
20 principal may be removed only as provided for in the
21 performance contract except for cause. He or she shall also
22 be obliged to follow the rules of the board of education
23 concerning conduct and efficiency.
24 In the event the performance contract of a principal is
25 not renewed or a principal is not reappointed as principal
26 under a new performance contract, or in the event a principal
27 is appointed to any position of superintendent or higher
28 position, or voluntarily resigns his position of principal,
29 his or her employment as a principal shall terminate and such
30 former principal shall not be reinstated to the position from
31 which he or she was promoted to principal, except that he or
32 she, if otherwise qualified and certified in accordance with
33 Article 21, shall be placed by the board on appropriate
34 eligibility lists which it prepares for use in the filling of
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1 vacant or additional or newly created positions for teachers.
2 The principal's total years of service to the board as both a
3 teacher and a principal, or in other professional capacities,
4 shall be used in calculating years of experience for purposes
5 of being selected as a teacher into new, additional or vacant
6 positions.
7 In the event the performance contract of a principal is
8 not renewed or a principal is not reappointed as principal
9 under a new performance contract, such principal shall be
10 eligible to continue to receive his or her previously
11 provided level of health insurance benefits for a period of
12 90 days following the non-renewal of the contract at no
13 expense to the principal, provided that such principal has
14 not retired.
15 (Source: P.A. 91-622, eff. 8-19-99.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.