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91_HB3840eng HB3840 Engrossed 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 HB3840 Engrossed -2- LRB9111385NTks 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 HB3840 Engrossed -3- LRB9111385NTks 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 HB3840 Engrossed -4- LRB9111385NTks 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 HB3840 Engrossed -5- LRB9111385NTks 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 councilpursuant to subsections18(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 of28birth, 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. However, 33 notwithstanding Section 34-18.5, the social security number 34 shall be provided only if available.In instances in whichHB3840 Engrossed -6- LRB9111385NTks 1one or more individuals have the same name, date of birth,2and social security number as the member, the member shall3undergo a fingerprint background check.If it is determined 4 at any time that a local school council member or 5 member-elect has been convicted of any of the offenses 6 enumerated in this Section or failed to disclose a conviction 7 of any of the offenses enumerated in Section 34-18.5, the 8 general superintendent shall notify the local school council 9 member or member-elect of such determination and the local 10 school council member or member-elect shall be removed from 11 the local school council by the Board, subject to a hearing, 12 convened pursuant to Board rule, prior to removal. 13 (g) At least one week before the election date, the 14 Council shall publicize, in the manner provided in subsection 15 (e), the names of persons nominated for election. 16 (h) Voting shall be in person by secret ballot at the 17 attendance center between the hours of 6:00 a.m. and 7:00 18 p.m. 19 (i) Candidates receiving the highest number of votes 20 shall be declared elected by the Council. In cases of a tie, 21 the Council shall determine the winner by lot. 22 (j) The Council shall certify the results of the 23 election and shall publish the results in the minutes of the 24 Council. 25 (k) The general superintendent shall resolve any 26 disputes concerning election procedure or results and shall 27 ensure that, except as provided in subsections (e) and (g), 28 no resources of any attendance center shall be used to 29 endorse or promote any candidate. 30 (l) Beginning with the 1995-1996 school year and in 31 every even numbered year thereafter, the Board shall appoint 32 2 teacher members to each local school council. These 33 appointments shall be made in the following manner: 34 (i) The Board shall appoint 2 teachers who are HB3840 Engrossed -7- LRB9111385NTks 1 employed and assigned to perform the majority of their 2 employment duties at the attendance center to serve on 3 the local school council of the attendance center for a 4 two-year term coinciding with the terms of the elected 5 parent and community members of that local school 6 council. These appointments shall be made from among 7 those teachers who are nominated in accordance with 8 subsection (f). 9 (ii) A non-binding, advisory poll to ascertain the 10 preferences of the school staff regarding appointments of 11 teachers to the local school council for that attendance 12 center shall be conducted in accordance with the 13 procedures used to elect parent and community Council 14 representatives. At such poll, each member of the school 15 staff shall be entitled to indicate his or her preference 16 for up to 2 candidates from among those who submitted 17 statements of candidacy as described above. These 18 preferences shall be advisory only and the Board shall 19 maintain absolute discretion to appoint teacher members 20 to local school councils, irrespective of the preferences 21 expressed in any such poll. 22 (iii) In the event that a teacher representative is 23 unable to perform his or her employment duties at the 24 school due to illness, disability, leave of absence, 25 disciplinary action, or any other reason, the Board shall 26 declare a temporary vacancy and appoint a replacement 27 teacher representative to serve on the local school 28 council until such time as the teacher member originally 29 appointed pursuant to this subsection (l) resumes service 30 at the attendance center or for the remainder of the 31 term. The replacement teacher representative shall be 32 appointed in the same manner and by the same procedures 33 as teacher representatives are appointed in subdivisions 34 (i) and (ii) of this subsection (l). HB3840 Engrossed -8- LRB9111385NTks 1 (m) Beginning with the 1995-1996 school year, and in 2 every year thereafter, the Board shall appoint one student 3 member to each secondary attendance center. These 4 appointments shall be made in the following manner: 5 (i) Appointments shall be made from among those 6 students who submit statements of candidacy to the 7 principal of the attendance center, such statements to be 8 submitted commencing on the first day of the twentieth 9 week of school and continuing for 2 weeks thereafter. 10 The form and manner of such candidacy statements shall be 11 determined by the Board. 12 (ii) During the twenty-second week of school in 13 every year, the principal of each attendance center shall 14 conduct a non-binding, advisory poll to ascertain the 15 preferences of the school students regarding the 16 appointment of a student to the local school council for 17 that attendance center. At such poll, each student shall 18 be entitled to indicate his or her preference for up to 19 one candidate from among those who submitted statements 20 of candidacy as described above. The Board shall 21 promulgate rules to ensure that these non-binding, 22 advisory polls are conducted in a fair and equitable 23 manner and maximize the involvement of all school 24 students. The preferences expressed in these 25 non-binding, advisory polls shall be transmitted by the 26 principal to the Board. However, these preferences shall 27 be advisory only and the Board shall maintain absolute 28 discretion to appoint student members to local school 29 councils, irrespective of the preferences expressed in 30 any such poll. 31 (iii) For the 1995-96 school year only, 32 appointments shall be made from among those students who 33 submitted statements of candidacy to the principal of the 34 attendance center during the first 2 weeks of the school HB3840 Engrossed -9- LRB9111385NTks 1 year. The principal shall communicate the results of any 2 nonbinding, advisory poll to the Board. These results 3 shall be advisory only, and the Board shall maintain 4 absolute discretion to appoint student members to local 5 school councils, irrespective of the preferences 6 expressed in any such poll. 7 (n) The Board may promulgate such other rules and 8 regulations for election procedures as may be deemed 9 necessary to ensure fair elections. 10 (o) In the event that a vacancy occurs during a member's 11 term, the Council shall appoint a person eligible to serve on 12 the Council, to fill the unexpired term created by the 13 vacancy, except that any teacher vacancy shall be filled by 14 the Board after considering the preferences of the school 15 staff as ascertained through a non-binding advisory poll of 16 school staff. 17 (p) If less than the specified number of persons is 18 elected within each candidate category, the newly elected 19 local school council shall appoint eligible persons to serve 20 as members of the Council for two-year terms. 21 (q) The Board shall promulgate rules regarding conflicts 22 of interest and disclosure of economic interests which shall 23 apply to local school council members and which shall require 24 reports or statements to be filed by Council members at 25 regular intervals with the Secretary of the Board. Failure 26 to comply with such rules or intentionally falsifying such 27 reports shall be grounds for disqualification from local 28 school council membership. A vacancy on the Council for 29 disqualification may be so declared by the Secretary of the 30 Board. Rules regarding conflicts of interest and disclosure 31 of economic interests promulgated by the Board shall apply to 32 local school council members. No less than 45 days prior to 33 the deadline, the general superintendent shall provide 34 notice, by mail, to each local school council member of all HB3840 Engrossed -10- LRB9111385NTks 1 requirements and forms for compliance with economic interest 2 statements. 3 (r) (1) If a parent member of a local school council 4 ceases to have any child enrolled in the attendance center 5 governed by the Local School Council due to the graduation or 6 voluntary transfer of a child or children from the attendance 7 center, the parent's membership on the Local School Council 8 and all voting rights are terminated immediately as of the 9 date of the child's graduation or voluntary transfer. 10 Further, a local school council member may be removed from 11 the Council by a majority vote of the Council as provided in 12 subsection (c) of Section 34-2.2 if the Council member has 13 missed 3 consecutive regular meetings, not including 14 committee meetings, or 5 regular meetings in a 12 month 15 period, not including committee meetings. If a parent member 16 of a local school council ceases to be eligible to serve on 17 the Council for any other reason, he or she shall be removed 18 by the Board subject to a hearing, convened pursuant to Board 19 rule, prior to removal. A vote to remove a Council member by 20 the local school council shall only be valid if the Council 21 member has been notified personally or by certified mail, 22 mailed to the person's last known address, of the Council's 23 intent to vote on the Council member's removal at least 7 24 days prior to the vote. The Council member in question shall 25 have the right to explain his or her actions and shall be 26 eligible to vote on the question of his or her removal from 27 the Council. The provisions of this subsection shall be 28 contained within the petitions used to nominate Council 29 candidates. 30 (2) A person may continue to serve as a community 31 resident member of a local school council as long as he or 32 she resides in the attendance area served by the school and 33 is not employed by the Board nor is a parent of a student 34 enrolled at the school. If a community resident member HB3840 Engrossed -11- LRB9111385NTks 1 ceases to be eligible to serve on the Council, he or she 2 shall be removed by the Board subject to a hearing, convened 3 pursuant to Board rule, prior to removal. 4 (3) A person may continue to serve as a teacher member 5 of a local school council as long as he or she is employed 6 and assigned to perform a majority of his or her duties at 7 the school, provided that if the teacher representative 8 resigns from employment with the Board or voluntarily 9 transfers to another school, the teacher's membership on the 10 local school council and all voting rights are terminated 11 immediately as of the date of the teacher's resignation or 12 upon the date of the teacher's voluntary transfer to another 13 school. If a teacher member of a local school council ceases 14 to be eligible to serve on a local school council for any 15 other reason, that member shall be removed by the Board 16 subject to a hearing, convened pursuant to Board rule, prior 17 to removal. 18 (Source: P.A. 90-378, eff. 8-14-97; 90-590, eff. 1-1-00; 19 91-622, eff. 8-19-99.) 20 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3) 21 Sec. 34-2.3. Local school councils - Powers and duties. 22 Each local school council shall have and exercise, consistent 23 with the provisions of this Article and the powers and duties 24 of the board of education, the following powers and duties: 25 1. (A) To annually evaluate the performance of the 26 principal of the attendance center using a Board approved 27 principal evaluation form, which shall include the evaluation 28 of (i) student academic improvement, as defined by the school 29 improvement plan, (ii) student absenteeism rates at the 30 school, (iii) instructional leadership, (iv) the effective 31 implementation of programs, policies, or strategies to 32 improve student academic achievement, (v) school management, 33 and (vi) any other factors deemed relevant by the local HB3840 Engrossed -12- LRB9111385NTks 1 school council, including, without limitation, the 2 principal's communication skills and ability to create and 3 maintain a student-centered learning environment, to develop 4 opportunities for professional development, and to encourage 5 parental involvement and community partnerships to achieve 6 school improvement; 7 (B) to determine in the manner provided by subsection 8 (c) of Section 34-2.2 and subdivision 1.5 of this Section 9 whether the performance contract of the principal shall be 10 renewed; and 11 (C) to directly select, in the manner provided by 12 subsection (c) of Section 34-2.2, a new principal (including 13 a new principal to fill a vacancy) -- without submitting any 14 list of candidates for that position to the general 15 superintendent as provided in paragraph 2 of this Section -- 16 to serve under a 4 year performance contract; provided that 17 (i) the determination of whether the principal's performance 18 contract is to be renewed, based upon the evaluation required 19 by subdivision 1.5 of this Section, shall be made no later 20 than 150 days prior to the expiration of the current 21 performance-based contract of the prinicipal, (ii)andin 22 cases where such performance contract is not renewed -- a 23 direct selection of a new principal -- to serve under a 4 24 year performance contract shall be made by the local school 25 council no later than 45 days prior to the expiration of the 26 current performance contract of the principal, and (iii)(ii)27 a selection by the local school council of a new principal to 28 fill a vacancy under a 4 year performance contract shall be 29 made within 90 days after the date such vacancy occurs. A 30 Council shall be required, if requested by the principal, to 31 provide in writing the reasons for the council's not renewing 32 the principal's contract. 33 1.5. The local school council's determination of whether 34 to renew the principal's contract shall be based on an HB3840 Engrossed -13- LRB9111385NTks 1 evaluation to assess the educational and administrative 2 progress made at the school during the principal's current 3 performance-based contract. The local school council shall 4 base its evaluation on (i) student academic improvement, as 5 defined by the school improvement plan, (ii) student 6 absenteeism rates at the school, (iii) instructional 7 leadership, (iv) the effective implementation of programs, 8 policies, or strategies to improve student academic 9 achievement, (v) school management, and (vi) any other 10 factors deemed relevant by the local school council, 11 including, without limitation, the principal's communication 12 skills and ability to create and maintain a student-centered 13 learning environment, to develop opportunities for 14 professional development, and to encourage parental 15 involvement and community partnerships to achieve school 16 improvement. If a local school council fails to renew the 17 performance contract of a principal rated by the general 18 superintendent, or his or her designee, in the previous 19 years' evaluations as meeting or exceeding expectations, the 20 principal, within 15 days after the local school council's 21 decision not to renew the contract, may request a review of 22 the local school council's principal non-retention decision 23 by a hearing officer appointed by the American Arbitration 24 Association. A local school council member or members or the 25 general superintendent may support the principal's request 26 for review. During the period of the hearing officer's review 27 of the local school council's decision on whether or not to 28 retain the principal, the local school council shall maintain 29 all authority to search for and contract with a person to 30 serve as interim or acting principal, or as the principal of 31 the attendance center under a 4-year performance contract, 32 provided that any performance contract entered into by the 33 local school council shall be voidable or modified in 34 accordance with the decision of the hearing officer. The HB3840 Engrossed -14- LRB9111385NTks 1 principal may request review only once while at that 2 attendance center. If a local school council renews the 3 contract of a principal who failed to obtain a rating of 4 "meets" or "exceeds expectations" in the general 5 superintendent's evaluation for the previous year,a local6school council member or members orthe general 7 superintendent, within 15 days after the local school 8 council's decision to renew the contract, may request a 9 review of the local school council's principal retention 10 decision by a hearing officer appointed by the American 11 Arbitration Association. Thelocal school council member or12members or thegeneral superintendent may request a review 13 only once for that principal at that attendance center. All 14 requests to review the retention or non-retention of a 15 principal shall be submitted to the general superintendent, 16 who shall, in turn, forward such requests, within 14 days of 17 receipt, to the American Arbitration Association. The general 18 superintendent shall send a contemporaneous copy of the 19 request that was forwarded to the American Arbitration 20 Association to the principal and to each local school council 21 member and shall inform the local school council of its 22 rights and responsibilities under the arbitration process, 23 including the local school council's right to representation 24 and the manner and process by which the Board shall pay the 25 costs of the council's representation. If the local school 26 council retains the principal and the general superintendent 27 requests a review of the retention decision, the local school 28 councilprincipaland the general superintendent shall be 29 consideredadversarialparties to the arbitration,anda 30 hearing officer shall be chosen between those 2 parties 31 pursuant to procedures promulgated by the State Board of 32 Education, and the principal may retain counsel and 33 participate in the arbitrationas described in Section 34-8534of this Code. If the local school council retains theHB3840 Engrossed -15- LRB9111385NTks 1principal and a member or members of the local school council2requests a review of the principal's contract, the principal3and the local school council shall be considered adversarial4parties and a hearing officer shall be chosen between those 25parties as described in Section 34-85 of this Code. If the 6 local school council does not retain the principal and the 7 principal requests a review of the retention decision, the 8 local school council and the principal shall be considered 9adversarialparties to the arbitration and a hearing officer 10 shall be chosen between those 2 parties pursuant to 11 procedures promulgated by the State Board of Educationin the12manner described in Section 34-85 of this Code. The hearing 13 shall begin (i) within 45 days after the initial request for 14 review is submitted by the principal to the general 15 superintendent or (ii) if the initial request for review is 16 made by the general superintendent, within 45 days after that 17 request is mailed to the American Arbitration Association. 18 The hearing officer shall render a decision within 45 days 19 after the hearing begins and within 90 days after the initial 20 request for review. The Board shall contract with the 21 American Arbitration Association for all of the hearing 22 officer's reasonable and necessary costs. In addition, the 23 Board shall pay any reasonable costs incurred by a local 24 school council for representation before a hearing officer. 25 1.10. The hearing officer shall conduct a hearing, which 26 shall include (i) a review of the principal's performance, 27 evaluations, and other evidence of the principal's service at 28 the school, (ii) reasons provided by the local school council 29 for its decision, and (iii) documentation evidencing views of 30 interested persons, including, without limitation, students, 31 parents, local school council members, school faculty and 32 staff, the principal, the general superintendent or his or 33 her designee, and members of the community. The burden of 34 proof in establishing that the local school council's HB3840 Engrossed -16- LRB9111385NTks 1 decision was arbitrary and capricious shall be on the party 2 requesting the arbitration, and this party shall sustain the 3 burden by a preponderance of the evidence. The hearing 4 officer shall set the local school council decision aside if 5 that decision, in light of the record developed at the 6 hearing, is arbitrary and capricious. The decision of the 7 hearing officer may not be appealed to the Board or the State 8 Board of Education. If the hearing officer decides that the 9 principal shall be retained, the retention period shall not 10 exceed 2 years. 11 2. In the event (i) the local school council does not 12 renew the performance contract of the principal, or the 13 principal fails to receive a satisfactory rating as provided 14 in subsection (h) of Section 34-8.3, or the principal is 15 removed for cause during the term of his or her performance 16 contract in the manner provided by Section 34-85, or a 17 vacancy in the position of principal otherwise occurs prior 18 to the expiration of the term of a principal's performance 19 contract, and (ii) the local school council fails to directly 20 select a new principal to serve under a 4 year performance 21 contract, the local school council in such event shall submit 22 to the general superintendent a list of 3 candidates -- 23 listed in the local school council's order of preference -- 24 for the position of principal, one of which shall be selected 25 by the general superintendent to serve as principal of the 26 attendance center. If the general superintendent fails or 27 refuses to select one of the candidates on the list to serve 28 as principal within 30 days after being furnished with the 29 candidate list, the general superintendent shall select and 30 place a principal on an interim basis (i) for a period not to 31 exceed one year or (ii) until the local school council 32 selects a new principal with 7 affirmative votes as provided 33 in subsection (c) of Section 34-2.2, whichever occurs first. 34 If the local school council fails or refuses to select and HB3840 Engrossed -17- LRB9111385NTks 1 appoint a new principal, as specified by subsection (c) of 2 Section 34-2.2, the general superintendent may select and 3 appoint a new principal on an interim basis for an additional 4 year or until a new contract principal is selected by the 5 local school council. There shall be no discrimination on 6 the basis of race, sex, creed, color or disability unrelated 7 to ability to perform in connection with the submission of 8 candidates for, and the selection of a candidate to serve as 9 principal of an attendance center. No person shall be 10 directly selected, listed as a candidate for, or selected to 11 serve as principal of an attendance center (i) if such person 12 has been removed for cause from employment by the Board or 13 (ii) if such person does not hold a valid administrative 14 certificate issued or exchanged under Article 21 and endorsed 15 as required by that Article for the position of principal. A 16 principal whose performance contract is not renewed as 17 provided under subsection (c) of Section 34-2.2 may 18 nevertheless, if otherwise qualified and certified as herein 19 provided and if he or she has received a satisfactory rating 20 as provided in subsection (h) of Section 34-8.3, be included 21 by a local school council as one of the 3 candidates listed 22 in order of preference on any candidate list from which one 23 person is to be selected to serve as principal of the 24 attendance center under a new performance contract. The 25 initial candidate list required to be submitted by a local 26 school council to the general superintendent in cases where 27 the local school council does not renew the performance 28 contract of its principal and does not directly select a new 29 principal to serve under a 4 year performance contract shall 30 be submitted not later than 30 days prior to the expiration 31 of the current performance contract. In cases where the 32 local school council fails or refuses to submit the candidate 33 list to the general superintendent no later than 30 days 34 prior to the expiration of the incumbent principal's HB3840 Engrossed -18- LRB9111385NTks 1 contract, the general superintendent may appoint a principal 2 on an interim basis for a period not to exceed one year, 3 during which time the local school council shall be able to 4 select a new principal with 7 affirmative votes as provided 5 in subsection (c) of Section 34-2.2. In cases where a 6 principal is removed for cause or a vacancy otherwise occurs 7 in the position of principal and the vacancy is not filled by 8 direct selection by the local school council, the candidate 9 list shall be submitted by the local school council to the 10 general superintendent within 90 days after the date such 11 removal or vacancy occurs. In cases where the local school 12 council fails or refuses to submit the candidate list to the 13 general superintendent within 90 days after the date of the 14 vacancy, the general superintendent may appoint a principal 15 on an interim basis for a period of one year, during which 16 time the local school council shall be able to select a new 17 principal with 7 affirmative votes as provided in subsection 18 (c) of Section 34-2.2. 19 2.5. Whenever a vacancy in the office of a principal 20 occurs for any reason, the vacancy shall be filled in the 21 manner provided by this Section by the selection of a new 22 principal to serve under a 4 year performance contract. 23 3. To establish additional criteria to be included as 24 part of the performance contract of its principal, provided 25 that such additional criteria shall not discriminate on the 26 basis of race, sex, creed, color or disability unrelated to 27 ability to perform, and shall not be inconsistent with the 28 uniform 4 year performance contract for principals developed 29 by the board as provided in Section 34-8.1 of the School Code 30 or with other provisions of this Article governing the 31 authority and responsibility of principals. 32 4. To approve the expenditure plan prepared by the 33 principal with respect to all funds allocated and distributed 34 to the attendance center by the Board. The expenditure plan HB3840 Engrossed -19- LRB9111385NTks 1 shall be administered by the principal. Notwithstanding any 2 other provision of this Act or any other law, any expenditure 3 plan approved and administered under this Section 34-2.3 4 shall be consistent with and subject to the terms of any 5 contract for services with a third party entered into by the 6 Chicago School Reform Board of Trustees or the board under 7 this Act. 8 Via a supermajority vote of 7 members of the local school 9 council or 8 members of a high school local school council, 10 the Council may transfer allocations pursuant to Section 11 34-2.3 within funds; provided that such a transfer is 12 consistent with applicable law and collective bargaining 13 agreements. 14 Beginning in fiscal year 1991 and in each fiscal year 15 thereafter, the Board may reserve up to 1% of its total 16 fiscal year budget for distribution on a prioritized basis to 17 schools throughout the school system in order to assure 18 adequate programs to meet the needs of special student 19 populations as determined by the Board. This distribution 20 shall take into account the needs catalogued in the 21 Systemwide Plan and the various local school improvement 22 plans of the local school councils. Information about these 23 centrally funded programs shall be distributed to the local 24 school councils so that their subsequent planning and 25 programming will account for these provisions. 26 Beginning in fiscal year 1991 and in each fiscal year 27 thereafter, from other amounts available in the applicable 28 fiscal year budget, the board shall allocate a lump sum 29 amount to each local school based upon such formula as the 30 board shall determine taking into account the special needs 31 of the student body. The local school principal shall 32 develop an expenditure plan in consultation with the local 33 school council, the professional personnel advisory committee 34 and with all other school personnel, which reflects the HB3840 Engrossed -20- LRB9111385NTks 1 priorities and activities as described in the school's local 2 school improvement plan and is consistent with applicable law 3 and collective bargaining agreements and with board policies 4 and standards; however, the local school council shall have 5 the right to request waivers of board policy from the board 6 of education and waivers of employee collective bargaining 7 agreements pursuant to Section 34-8.1a. 8 The expenditure plan developed by the principal with 9 respect to amounts available from the fund for prioritized 10 special needs programs and the allocated lump sum amount must 11 be approved by the local school council. 12 The lump sum allocation shall take into account the 13 following principles: 14 a. Teachers: Each school shall be allocated funds 15 equal to the amount appropriated in the previous school 16 year for compensation for teachers (regular grades 17 kindergarten through 12th grade) plus whatever increases 18 in compensation have been negotiated contractually or 19 through longevity as provided in the negotiated 20 agreement. Adjustments shall be made due to layoff or 21 reduction in force, lack of funds or work, change in 22 subject requirements, enrollment changes, or contracts 23 with third parties for the performance of services or to 24 rectify any inconsistencies with system-wide allocation 25 formulas or for other legitimate reasons. 26 b. Other personnel: Funds for other teacher 27 certificated and uncertificated personnel paid through 28 non-categorical funds shall be provided according to 29 system-wide formulas based on student enrollment and the 30 special needs of the school as determined by the Board. 31 c. Non-compensation items: Appropriations for all 32 non-compensation items shall be based on system-wide 33 formulas based on student enrollment and on the special 34 needs of the school or factors related to the physical HB3840 Engrossed -21- LRB9111385NTks 1 plant, including but not limited to textbooks, supplies, 2 electricity, equipment, and routine maintenance. 3 d. Funds for categorical programs: Schools shall 4 receive personnel and funds based on, and shall use such 5 personnel and funds in accordance with State and Federal 6 requirements applicable to each categorical program 7 provided to meet the special needs of the student body 8 (including but not limited to, Federal Chapter I, 9 Bilingual, and Special Education). 10 d.1. Funds for State Title I: Each school shall 11 receive funds based on State and Board requirements 12 applicable to each State Title I pupil provided to meet 13 the special needs of the student body. Each school shall 14 receive the proportion of funds as provided in Section 15 18-8 to which they are entitled. These funds shall be 16 spent only with the budgetary approval of the Local 17 School Council as provided in Section 34-2.3. 18 e. The Local School Council shall have the right to 19 request the principal to close positions and open new 20 ones consistent with the provisions of the local school 21 improvement plan provided that these decisions are 22 consistent with applicable law and collective bargaining 23 agreements. If a position is closed, pursuant to this 24 paragraph, the local school shall have for its use the 25 system-wide average compensation for the closed position. 26 f. Operating within existing laws and collective 27 bargaining agreements, the local school council shall 28 have the right to direct the principal to shift 29 expenditures within funds. 30 g. (Blank). 31 Any funds unexpended at the end of the fiscal year shall 32 be available to the board of education for use as part of its 33 budget for the following fiscal year. 34 5. To make recommendations to the principal concerning HB3840 Engrossed -22- LRB9111385NTks 1 textbook selection and concerning curriculum developed 2 pursuant to the school improvement plan which is consistent 3 with systemwide curriculum objectives in accordance with 4 Sections 34-8 and 34-18 of the School Code and in conformity 5 with the collective bargaining agreement. 6 6. To advise the principal concerning the attendance and 7 disciplinary policies for the attendance center, subject to 8 the provisions of this Article and Article 26, and consistent 9 with the uniform system of discipline established by the 10 board pursuant to Section 34-19. 11 7. To approve a school improvement plan developed as 12 provided in Section 34-2.4. The process and schedule for plan 13 development shall be publicized to the entire school 14 community, and the community shall be afforded the 15 opportunity to make recommendations concerning the plan. At 16 least twice a year the principal and local school council 17 shall report publicly on progress and problems with respect 18 to plan implementation. 19 8. To evaluate the allocation of teaching resources and 20 other certificated and uncertificated staff to the attendance 21 center to determine whether such allocation is consistent 22 with and in furtherance of instructional objectives and 23 school programs reflective of the school improvement plan 24 adopted for the attendance center; and to make 25 recommendations to the board, the general superintendent and 26 the principal concerning any reallocation of teaching 27 resources or other staff whenever the council determines that 28 any such reallocation is appropriate because the 29 qualifications of any existing staff at the attendance center 30 do not adequately match or support instructional objectives 31 or school programs which reflect the school improvement plan. 32 9. To make recommendations to the principal and the 33 general superintendent concerning their respective 34 appointments, after August 31, 1989, and in the manner HB3840 Engrossed -23- LRB9111385NTks 1 provided by Section 34-8 and Section 34-8.1, of persons to 2 fill any vacant, additional or newly created positions for 3 teachers at the attendance center or at attendance centers 4 which include the attendance center served by the local 5 school council. 6 10. To request of the Board the manner in which training 7 and assistance shall be provided to the local school council. 8 Pursuant to Board guidelines a local school council is 9 authorized to direct the Board of Education to contract with 10 personnel or not-for-profit organizations not associated with 11 the school district to train or assist council members. If 12 training or assistance is provided by contract with personnel 13 or organizations not associated with the school district, the 14 period of training or assistance shall not exceed 30 hours 15 during a given school year; person shall not be employed on a 16 continuous basis longer than said period and shall not have 17 been employed by the Chicago Board of Education within the 18 preceding six months. Council members shall receive training 19 in at least the following areas: 20 1. school budgets; 21 2. educational theory pertinent to the attendance 22 center's particular needs, including the development of 23 the school improvement plan and the principal's 24 performance contract; and 25 3. personnel selection. 26 Council members shall, to the greatest extent possible, 27 complete such training within 90 days of election. 28 11. In accordance with systemwide guidelines contained 29 in the System-Wide Educational Reform Goals and Objectives 30 Plan, criteria for evaluation of performance shall be 31 established for local school councils and local school 32 council members. If a local school council persists in 33 noncompliance with systemwide requirements, the Board may 34 impose sanctions and take necessary corrective action, HB3840 Engrossed -24- LRB9111385NTks 1 consistent with Section 34-8.3. 2 12. Each local school council shall comply with the Open 3 Meetings Act and the Freedom of Information Act. Each local 4 school council shall issue and transmit to its school 5 community a detailed annual report accounting for its 6 activities programmatically and financially. Each local 7 school council shall convene at least 2 well-publicized 8 meetings annually with its entire school community. These 9 meetings shall include presentation of the proposed local 10 school improvement plan, of the proposed school expenditure 11 plan, and the annual report, and shall provide an opportunity 12 for public comment. 13 13. Each local school council is encouraged to involve 14 additional non-voting members of the school community in 15 facilitating the council's exercise of its responsibilities. 16 14. The local school council may adopt a school uniform 17 or dress code policy that governs the attendance center and 18 that is necessary to maintain the orderly process of a school 19 function or prevent endangerment of student health or safety, 20 consistent with the policies and rules of the Board of 21 Education. A school uniform or dress code policy adopted by a 22 local school council: (i) shall not be applied in such manner 23 as to discipline or deny attendance to a transfer student or 24 any other student for noncompliance with that policy during 25 such period of time as is reasonably necessary to enable the 26 student to acquire a school uniform or otherwise comply with 27 the dress code policy that is in effect at the attendance 28 center into which the student's enrollment is transferred; 29 and (ii) shall include criteria and procedures under which 30 the local school council will accommodate the needs of or 31 otherwise provide appropriate resources to assist a student 32 from an indigent family in complying with an applicable 33 school uniform or dress code policy. A student whose parents 34 or legal guardians object on religious grounds to the HB3840 Engrossed -25- LRB9111385NTks 1 student's compliance with an applicable school uniform or 2 dress code policy shall not be required to comply with that 3 policy if the student's parents or legal guardians present to 4 the local school council a signed statement of objection 5 detailing the grounds for the objection. 6 15. All decisions made and actions taken by the local 7 school council in the exercise of its powers and duties shall 8 comply with State and federal laws, all applicable collective 9 bargaining agreements, court orders and rules properly 10 promulgated by the Board. 11 15a. To grant, in accordance with board rules and 12 policies, the use of assembly halls and classrooms when not 13 otherwise needed, including lighting, heat, and attendants, 14 for public lectures, concerts, and other educational and 15 social activities. 16 15b. To approve, in accordance with board rules and 17 policies, receipts and expenditures for all internal accounts 18 of the attendance center, and to approve all fund-raising 19 activities by nonschool organizations that use the school 20 building. 21 16. (Blank). 22 17. Names and addresses of local school council members 23 shall be a matter of public record. 24 (Source: P.A. 90-14, eff. 7-1-97; 91-622, eff. 8-19-99.) 25 (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1) 26 Sec. 34-8.1. Principals. Principals shall be employed to 27 supervise the operation of each attendance center. Their 28 powers and duties shall include but not be limited to the 29 authority (i) to direct, supervise, evaluate, and suspend 30 with or without pay or otherwise discipline all teachers, 31 assistant principals, and other employees assigned to the 32 attendance center in accordance with board rules and policies 33 and (ii) to direct all other persons assigned to the HB3840 Engrossed -26- LRB9111385NTks 1 attendance center pursuant to a contract with a third party 2 to provide services to the school system. The right to 3 employ, discharge, and layoff shall be vested solely with the 4 board. The principal shall fill positions by appointment as 5 provided in this Section and may make recommendations to the 6 board regarding the employment, discharge, or layoff of any 7 individual. The authority of the principal shall include the 8 authority to direct the hours during which the attendance 9 center shall be open and available for use provided the use 10 complies with board rules and policies, to determine when and 11 what operations shall be conducted within those hours, and to 12 schedule staff within those hours. Under the direction of, 13 and subject to the authority of the principal, the Engineer 14 In Charge shall be accountable for the safe, economical 15 operation of the plant and grounds and shall also be 16 responsible for orientation, training, and supervising the 17 work of Engineers, Trainees, school maintenance assistants, 18 custodial workers and other plant operation employees under 19 his or her direction. 20 There shall be established by the board a system of 21 semi-annual evaluations conducted by the principal as to 22 performance of the engineer in charge. Nothing in this 23 Section shall prevent the principal from conducting 24 additional evaluations. An overall numerical rating shall 25 be given by the principal based on the evaluation conducted 26 by 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 procedures for conducting the evaluation and 32 reporting the results to the engineer in charge. 33 Under the direction of, and subject to the authority of, 34 the principal, the Food Service Manager is responsible at all HB3840 Engrossed -27- LRB9111385NTks 1 times for the proper operation and maintenance of the lunch 2 room to which he is assigned and shall also be responsible 3 for the orientation, training, and supervising the work of 4 cooks, bakers, porters, and lunchroom attendants under his or 5 her direction. 6 There shall be established by the Board a system of 7 semi-annual evaluations conducted by the principal as to the 8 performance of the food service manager. Nothing in this 9 Section shall prevent the principal from conducting 10 additional evaluations. An overall numerical rating shall be 11 given by the principal based on the evaluation conducted by 12 the principal. An unsatisfactory numerical rating shall 13 result in disciplinary action which may include, without 14 limitation and in the judgment of the principal, loss of 15 promotion or bidding procedure, reprimand, suspension with or 16 without pay, or recommended dismissal. The board shall 17 establish rules for conducting the evaluation and reporting 18 the results to the food service manager. 19 Nothing in this Section shall be interpreted to require 20 the employment or assignment of an Engineer-In-Charge or a 21 Food Service Manager for each attendance center. 22 Principals shall be employed to supervise the educational 23 operation of each attendance center. If a principal is absent 24 due to extended illness or leave or absence, an assistant 25 principal may be assigned as acting principal for a period 26 not to exceed 100 school days. Each principal shall assume 27 administrative responsibility and instructional leadership, 28 in accordance with reasonable rules and regulations of the 29 board, for the planning, operation and evaluation of the 30 educational program of the attendance center to which he is 31 assigned. The principal shall submit recommendations to the 32 general superintendent concerning the appointment, dismissal, 33 retention, promotion, and assignment of all personnel 34 assigned to the attendance center; provided, that from and HB3840 Engrossed -28- LRB9111385NTks 1 after September 1, 1989: (i) if any vacancy occurs in a 2 position at the attendance center or if an additional or new 3 position is created at the attendance center, that position 4 shall be filled by appointment made by the principal in 5 accordance with procedures established and provided by the 6 Board whenever the majority of the duties included in that 7 position are to be performed at the attendance center which 8 is under the principal's supervision, and each such 9 appointment so made by the principal shall be made and based 10 upon merit and ability to perform in that position without 11 regard to seniority or length of service, provided, that such 12 appointments shall be subject to the Board's desegregation 13 obligations, including but not limited to the Consent Decree 14 and Desegregation Plan in U.S. v. Chicago Board of Education; 15 (ii) the principal shall submit recommendations based upon 16 merit and ability to perform in the particular position, 17 without regard to seniority or length of service, to the 18 general superintendent concerning the appointment of any 19 teacher, teacher aide, counselor, clerk, hall guard, security 20 guard and any other personnel which is to be made by the 21 general superintendent whenever less than a majority of the 22 duties of that teacher, teacher aide, counselor, clerk, hall 23 guard, and security guard and any other personnel are to be 24 performed at the attendance center which is under the 25 principal's supervision; and (iii) subject to law and the 26 applicable collective bargaining agreements, the authority 27 and responsibilities of a principal with respect to the 28 evaluation of all teachers and other personnel assigned to an 29 attendance center shall commence immediately upon his or her 30 appointment as principal of the attendance center, without 31 regard to the length of time that he or she has been the 32 principal of that attendance center. 33 Notwithstanding the existence of any other law of this 34 State, nothing in this Act shall prevent the board from HB3840 Engrossed -29- LRB9111385NTks 1 entering into a contract with a third party for services 2 currently performed by any employee or bargaining unit 3 member. 4 Notwithstanding any other provision of this Article, each 5 principal may approve contracts, binding on the board, in the 6 amount of no more than $10,000, if the contract is endorsed 7 by the Local School Council. 8 Unless otherwise prohibited by law or by rule of the 9 board, the principal shall provide to local school council 10 members copies of all internal audits and any other pertinent 11 information generated by any audits or reviews of the 12 programs and operation of the attendance center. 13 Each principal shall hold a valid administrative 14 certificate issued or exchanged in accordance with Article 21 15 and endorsed as required by that Article for the position of 16 principal. The board may establish or impose academic, 17 educational, examination, and experience requirements and 18 criteria that are in addition to those established and 19 required by Article 21 for issuance of a valid certificate 20 endorsed for the position of principal as a condition of the 21 nomination, selection, appointment, employment, or continued 22 employment of a person as principal of any attendance center, 23 or as a condition of the renewal of any principal's 24 performance contract. 25 The board shall specify in its formal job description for 26 principals, and from and after July 1, 1990 shall specify in 27 the 4 year performance contracts for use with respect to all 28 principals, that his or her primary responsibility is in the 29 improvement of instruction. A majority of the time spent by 30 a principal shall be spent on curriculum and staff 31 development through both formal and informal activities, 32 establishing clear lines of communication regarding school 33 goals, accomplishments, practices and policies with parents 34 and teachers. The principal, with the assistance of the HB3840 Engrossed -30- LRB9111385NTks 1 local school council, shall develop a school improvement plan 2 as provided in Section 34-2.4 and, upon approval of the plan 3 by the local school council, shall be responsible for 4 directing implementation of the plan. The principal, with the 5 assistance of the Professional Personnel Advisory Committee, 6 shall develop the specific methods and contents of the 7 school's curriculum within the board's system-wide curriculum 8 standards and objectives and the requirements of the school 9 improvement plan. The board shall ensure that all principals 10 are evaluated on their instructional leadership ability and 11 their ability to maintain a positive education and learning 12 climate. It shall also be the responsibility of the 13 principal to utilize resources of proper law enforcement 14 agencies when the safety and welfare of students and teachers 15 are threatened by illegal use of drugs and alcohol, by 16 illegal use or possession of weapons, or by illegal gang 17 activity. 18 On or before October 1, 1989, the Board of Education, in 19 consultation with any professional organization representing 20 principals in the district, shall promulgate rules and 21 implement a lottery for the purpose of determining whether a 22 principal's existing performance contract (including the 23 performance contract applicable to any principal's position 24 in which a vacancy then exists) expires on June 30, 1990 or 25 on June 30, 1991, and whether the ensuing 4 year performance 26 contract begins on July 1, 1990 or July 1, 1991. The Board of 27 Education shall establish and conduct the lottery in such 28 manner that of all the performance contracts of principals 29 (including the performance contracts applicable to all 30 principal positions in which a vacancy then exists), 50% of 31 such contracts shall expire on June 30, 1990, and 50% shall 32 expire on June 30, 1991. All persons serving as principal on 33 May 1, 1989, and all persons appointed as principal after May 34 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a HB3840 Engrossed -31- LRB9111385NTks 1 manner other than as provided by Section 34-2.3, shall be 2 deemed by operation of law to be serving under a performance 3 contract which expires on June 30, 1990 or June 30, 1991; and 4 unless such performance contract of any such principal is 5 renewed (or such person is again appointed to serve as 6 principal) in the manner provided by Section 34-2.2 or 7 34-2.3, the employment of such person as principal shall 8 terminate on June 30, 1990 or June 30, 1991. 9 Commencing on July 1, 1990, or on July 1, 1991, and 10 thereafter, the principal of each attendance center shall be 11 the person selected in the manner provided by Section 34-2.3 12 to serve as principal of that attendance center under a 4 13 year performance contract. All performance contracts of 14 principals expiring after July 1, 1990, or July 1, 1991, 15 shall commence on the date specified in the contract, and the 16 renewal of their performance contracts and the appointment of 17 principals when their performance contracts are not renewed 18 shall be governed by Sections 34-2.2 and 34-2.3. Whenever a 19 vacancy in the office of a principal occurs for any reason, 20 the vacancy shall be filled by the selection of a new 21 principal to serve under a 4 year performance contract in the 22 manner provided by Section 34-2.3. 23 The board of education shall develop and prepare, in 24 consultation with the organization representing principals, a 254 yearperformance contract for use at all attendance 26 centers, and shall furnish the same to each local school 27 council. The term of the performance contract shall be 4 28 years, unless the principal is retained by the decision of a 29 hearing officer pursuant to subdivision 1.5 of Section 30 34-2.3, in which case the contract shall be extended for 2 31 years.The contract's 4-year term may be modified by the32board pursuant to the principal retention review provisions33of Section 34-2.3.The performance contract of each 34 principal shall consist of the uniform performance contract, HB3840 Engrossed -32- LRB9111385NTks 1 as developed or from time to time modified by the board, and 2 such additional criteria as are established by a local school 3 council pursuant to Section 34-2.3 for the performance 4 contract of its principal. 5 During the term of his or her performance contract, a 6 principal may be removed only as provided for in the 7 performance contract except for cause. He or she shall also 8 be obliged to follow the rules of the board of education 9 concerning conduct and efficiency. 10 In the event the performance contract of a principal is 11 not renewed or a principal is not reappointed as principal 12 under a new performance contract, or in the event a principal 13 is appointed to any position of superintendent or higher 14 position, or voluntarily resigns his position of principal, 15 his or her employment as a principal shall terminate and such 16 former principal shall not be reinstated to the position from 17 which he or she was promoted to principal, except that he or 18 she, if otherwise qualified and certified in accordance with 19 Article 21, shall be placed by the board on appropriate 20 eligibility lists which it prepares for use in the filling of 21 vacant or additional or newly created positions for teachers. 22 The principal's total years of service to the board as both a 23 teacher and a principal, or in other professional capacities, 24 shall be used in calculating years of experience for purposes 25 of being selected as a teacher into new, additional or vacant 26 positions. 27 In the event the performance contract of a principal is 28 not renewed or a principal is not reappointed as principal 29 under a new performance contract, such principal shall be 30 eligible to continue to receive his or her previously 31 provided level of health insurance benefits for a period of 32 90 days following the non-renewal of the contract at no 33 expense to the principal, provided that such principal has 34 not retired. HB3840 Engrossed -33- LRB9111385NTks 1 (Source: P.A. 91-622, eff. 8-19-99.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.