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91_SB0652eng SB652 Engrossed LRB9105695NTsb 1 AN ACT to amend the School Code by changing Section 2 34-2.3. 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 Section 34-2.3 as follows: 7 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3) 8 Sec. 34-2.3. Local school councils; powers and duties. 9 Each local school council shall have and exercise, consistent 10 with the provisions of this Article and the powers and duties 11 of the board of education, the following powers and duties: 12 1. To evaluate the performance of the principal of the 13 attendance center taking into consideration the annual 14 evaluation of the principal conducted by the general 15 superintendent pursuant to subsection (h) of Section 34-8.3, 16 to determine in the manner provided by subsection (c) of 17 Section 34-2.2 whether the performance contract of the 18 principal shall be renewed, and to directly select in the 19 manner provided by subsection (c) of Section 34-2.2 a new 20 principal (including a new principal to fill a vacancy), 21 without submitting any list of candidates for that position 22 to the general superintendent as provided in paragraph 2 of 23 this Section, to serve under a 4 year performance contract; 24 provided that (i) the determination of whether the 25 principal's performance contract is to be renewed and, in 26 cases where thesuchperformance contract is not renewed, a 27 direct selection of a new principal -- to serve under a 4 28 year performance contract shall be made by the local school 29 council by April 15 of the calendar year in which the current 30 performance contract of the principal expires, and (ii) a 31 direct selection by the local school council of a new SB652 Engrossed -2- LRB9105695NTsb 1 principal to fill a vacancy under a 4 year performance 2 contract shall be made within 90 days after the date such 3 vacancy occurs. A Council shall be required, if requested by 4 the principal, to provide in writing the reasons for the 5 council's not renewing the principal's contract. 6 2. In the event (i) the local school council does not 7 renew the performance contract of the principal, or the 8 principal fails to receive a satisfactory rating as provided 9 in subsection (h) of Section 34-8.3, or the principal is 10 removed for cause during the term of his or her performance 11 contract in the manner provided by Section 34-85, or a 12 vacancy in the position of principal otherwise occurs prior 13 to the expiration of the term of a principal's performance 14 contract, and (ii) the local school council fails to directly 15 select a new principal (including a new principal to fill a 16 vacancy) to serve under a 4 year performance contract, the 17 local school council in such event shall submit to the 18 general superintendent a list of 3 candidates -- listed in 19 the local school council's order of preference -- for the 20 position of principal, one of which shall be selected by the 21 general superintendent to serve as principal of the 22 attendance center. If the general superintendent fails or 23 refuses to select one of the candidates on the list to serve 24 as principal within 30 days after being furnished with the 25 candidate list, the local school council within 15 days after 26 such failure or refusal shall itself select one of the 27 candidates from the list as principal of the attendance 28 center. There shall be no discrimination on the basis of 29 race, sex, creed, color or disability unrelated to ability to 30 perform in connection with the submission of candidates for, 31 and the selection of a candidate to serve as principal of an 32 attendance center. No person shall be directly selected, 33 listed as a candidate for, or selected to serve as principal 34 of an attendance center (i) if such person has been removed SB652 Engrossed -3- LRB9105695NTsb 1 for cause from employment by the Board or (ii) if such person 2 does not hold a valid administrative certificate issued or 3 exchanged under Article 21 and endorsed as required by that 4 Article for the position of principal. A principal whose 5 performance contract is not renewed as provided under 6 subsection (c) of Section 34-2.2 may nevertheless, if 7 otherwise qualified and certified as herein provided and if 8 he or she has received a satisfactory rating as provided in 9 subsection (h) of Section 34-8.3, be included by a local 10 school council as one of the 3 candidates listed in order of 11 preference on any candidate list from which one person is to 12 be selected to serve as principal of the attendance center 13 under a new performance contract. The initial candidate list 14 required to be submitted by a local school council to the 15 general superintendent in cases where the local school 16 council does not renew the performance contract of its 17 principal and does not directly select a new principal to 18 serve under a 4 year performance contract shall be submitted 19 not later than May 1 of the calendar year in which such 20 performance contract expires. In cases where a principal is 21 removed for cause or a vacancy otherwise occurs in the 22 position of principal and the vacancy is not filled by direct 23 selection by the local school council, the candidate list 24 shall be submitted by the local school council to the general 25 superintendent not later than 90 days after the date such 26 removal or vacancy occurs. 27 2.5. Whenever a vacancy in the office of a principal 28 occurs for any reason, the vacancy shall be filled in the 29 manner provided by this Section by the selection of a new 30 principal to serve under a 4 year performance contract. 31 3. To establish additional criteria to be included as 32 part of the performance contract of its principal, provided 33 that such additional criteria shall not discriminate on the 34 basis of race, sex, creed, color or disability unrelated to SB652 Engrossed -4- LRB9105695NTsb 1 ability to perform, and shall not be inconsistent with the 2 uniform 4 year performance contract for principals developed 3 by the board as provided in Section 34-8.1 of the School Code 4 or with other provisions of this Article governing the 5 authority and responsibility of principals. 6 4. To approve the expenditure plan prepared by the 7 principal with respect to all funds allocated and distributed 8 to the attendance center by the Board. The expenditure plan 9 shall be administered by the principal. Notwithstanding any 10 other provision of this Act or any other law, any expenditure 11 plan approved and administered under this Section 34-2.3 12 shall be consistent with and subject to the terms of any 13 contract for services with a third party entered into by the 14 Chicago School Reform Board of Trustees or the board under 15 this Act. 16 Via a supermajority vote of 7 members of the local school 17 council or 8 members of a high school local school council, 18 the Council may transfer allocations pursuant to Section 19 34-2.3 within funds; provided that such a transfer is 20 consistent with applicable law and collective bargaining 21 agreements. 22 Beginning in fiscal year 1991 and in each fiscal year 23 thereafter, the Board may reserve up to 1% of its total 24 fiscal year budget for distribution on a prioritized basis to 25 schools throughout the school system in order to assure 26 adequate programs to meet the needs of special student 27 populations as determined by the Board. This distribution 28 shall take into account the needs catalogued in the 29 Systemwide Plan and the various local school improvement 30 plans of the local school councils. Information about these 31 centrally funded programs shall be distributed to the local 32 school councils so that their subsequent planning and 33 programming will account for these provisions. 34 Beginning in fiscal year 1991 and in each fiscal year SB652 Engrossed -5- LRB9105695NTsb 1 thereafter, from other amounts available in the applicable 2 fiscal year budget, the board shall allocate a lump sum 3 amount to each local school based upon such formula as the 4 board shall determine taking into account the special needs 5 of the student body. The local school principal shall 6 develop an expenditure plan in consultation with the local 7 school council, the professional personnel advisory committee 8 and with all other school personnel, which reflects the 9 priorities and activities as described in the school's local 10 school improvement plan and is consistent with applicable law 11 and collective bargaining agreements and with board policies 12 and standards; however, the local school council shall have 13 the right to request waivers of board policy from the board 14 of education and waivers of employee collective bargaining 15 agreements pursuant to Section 34-8.1a. 16 The expenditure plan developed by the principal with 17 respect to amounts available from the fund for prioritized 18 special needs programs and the allocated lump sum amount must 19 be approved by the local school council. 20 The lump sum allocation shall take into account the 21 following principles: 22 a. Teachers: Each school shall be allocated funds 23 equal to the amount appropriated in the previous school 24 year for compensation for teachers (regular grades 25 kindergarten through 12th grade) plus whatever increases 26 in compensation have been negotiated contractually or 27 through longevity as provided in the negotiated 28 agreement. Adjustments shall be made due to layoff or 29 reduction in force, lack of funds or work, change in 30 subject requirements, enrollment changes, or contracts 31 with third parties for the performance of services or to 32 rectify any inconsistencies with system-wide allocation 33 formulas or for other legitimate reasons. 34 b. Other personnel: Funds for other teacher SB652 Engrossed -6- LRB9105695NTsb 1 certificated and uncertificated personnel paid through 2 non-categorical funds shall be provided according to 3 system-wide formulas based on student enrollment and the 4 special needs of the school as determined by the Board. 5 c. Non-compensation items: Appropriations for all 6 non-compensation items shall be based on system-wide 7 formulas based on student enrollment and on the special 8 needs of the school or factors related to the physical 9 plant, including but not limited to textbooks, supplies, 10 electricity, equipment, and routine maintenance. 11 d. Funds for categorical programs: Schools shall 12 receive personnel and funds based on, and shall use such 13 personnel and funds in accordance with State and Federal 14 requirements applicable to each categorical program 15 provided to meet the special needs of the student body 16 (including but not limited to, Federal Chapter I, 17 Bilingual, and Special Education). 18 d.1. Funds for State Title I: Each school shall 19 receive funds based on State and Board requirements 20 applicable to each State Title I pupil provided to meet 21 the special needs of the student body. Each school shall 22 receive the proportion of funds as provided in Section 23 18-8 to which they are entitled. These funds shall be 24 spent only with the budgetary approval of the Local 25 School Council as provided in Section 34-2.3. 26 e. The Local School Council shall have the right to 27 request the principal to close positions and open new 28 ones consistent with the provisions of the local school 29 improvement plan provided that these decisions are 30 consistent with applicable law and collective bargaining 31 agreements. If a position is closed, pursuant to this 32 paragraph, the local school shall have for its use the 33 system-wide average compensation for the closed position. 34 f. Operating within existing laws and collective SB652 Engrossed -7- LRB9105695NTsb 1 bargaining agreements, the local school council shall 2 have the right to direct the principal to shift 3 expenditures within funds. 4 g. (Blank). 5 Any funds unexpended at the end of the fiscal year shall 6 be available to the board of education for use as part of its 7 budget for the following fiscal year. 8 5. To make recommendations to the principal concerning 9 textbook selection and concerning curriculum developed 10 pursuant to the school improvement plan which is consistent 11 with systemwide curriculum objectives in accordance with 12 Sections 34-8 and 34-18 of the School Code and in conformity 13 with the collective bargaining agreement. 14 6. To advise the principal concerning the attendance and 15 disciplinary policies for the attendance center, subject to 16 the provisions of this Article and Article 26, and consistent 17 with the uniform system of discipline established by the 18 board pursuant to Section 34-19. 19 7. To approve a school improvement plan developed as 20 provided in Section 34-2.4. The process and schedule for plan 21 development shall be publicized to the entire school 22 community, and the community shall be afforded the 23 opportunity to make recommendations concerning the plan. At 24 least twice a year the principal and local school council 25 shall report publicly on progress and problems with respect 26 to plan implementation. 27 8. To evaluate the allocation of teaching resources and 28 other certificated and uncertificated staff to the attendance 29 center to determine whether such allocation is consistent 30 with and in furtherance of instructional objectives and 31 school programs reflective of the school improvement plan 32 adopted for the attendance center; and to make 33 recommendations to the board, the general superintendent and 34 the principal concerning any reallocation of teaching SB652 Engrossed -8- LRB9105695NTsb 1 resources or other staff whenever the council determines that 2 any such reallocation is appropriate because the 3 qualifications of any existing staff at the attendance center 4 do not adequately match or support instructional objectives 5 or school programs which reflect the school improvement plan. 6 9. To make recommendations to the principal and the 7 general superintendent concerning their respective 8 appointments, after August 31, 1989, and in the manner 9 provided by Section 34-8 and Section 34-8.1, of persons to 10 fill any vacant, additional or newly created positions for 11 teachers at the attendance center or at attendance centers 12 which include the attendance center served by the local 13 school council. 14 10. To request of the Board the manner in which training 15 and assistance shall be provided to the local school council. 16 Pursuant to Board guidelines a local school council is 17 authorized to direct the Board of Education to contract with 18 personnel or not-for-profit organizations not associated with 19 the school district to train or assist council members. If 20 training or assistance is provided by contract with personnel 21 or organizations not associated with the school district, the 22 period of training or assistance shall not exceed 30 hours 23 during a given school year; person shall not be employed on a 24 continuous basis longer than said period and shall not have 25 been employed by the Chicago Board of Education within the 26 preceding six months. Council members shall receive training 27 in at least the following areas: 28 1. school budgets; 29 2. educational theory pertinent to the attendance 30 center's particular needs, including the development of 31 the school improvement plan and the principal's 32 performance contract; and 33 3. personnel selection. 34 Council members shall, to the greatest extent possible, SB652 Engrossed -9- LRB9105695NTsb 1 complete such training within 90 days of election. 2 11. In accordance with systemwide guidelines contained 3 in the System-Wide Educational Reform Goals and Objectives 4 Plan, criteria for evaluation of performance shall be 5 established for local school councils and local school 6 council members. If a local school council persists in 7 noncompliance with systemwide requirements, the Board may 8 impose sanctions and take necessary corrective action, 9 consistent with Section 34-8.3. 10 12. Each local school council shall comply with the Open 11 Meetings Act and the Freedom of Information Act. Each local 12 school council shall issue and transmit to its school 13 community a detailed annual report accounting for its 14 activities programmatically and financially. Each local 15 school council shall convene at least 2 well-publicized 16 meetings annually with its entire school community. These 17 meetings shall include presentation of the proposed local 18 school improvement plan, of the proposed school expenditure 19 plan, and the annual report, and shall provide an opportunity 20 for public comment. 21 13. Each local school council is encouraged to involve 22 additional non-voting members of the school community in 23 facilitating the council's exercise of its responsibilities. 24 14. The local school council may adopt a school uniform 25 or dress code policy that governs the attendance center and 26 that is necessary to maintain the orderly process of a school 27 function or prevent endangerment of student health or safety, 28 consistent with the policies and rules of the Board of 29 Education. A school uniform or dress code policy adopted by a 30 local school council: (i) shall not be applied in such manner 31 as to discipline or deny attendance to a transfer student or 32 any other student for noncompliance with that policy during 33 such period of time as is reasonably necessary to enable the 34 student to acquire a school uniform or otherwise comply with SB652 Engrossed -10- LRB9105695NTsb 1 the dress code policy that is in effect at the attendance 2 center into which the student's enrollment is transferred; 3 and (ii) shall include criteria and procedures under which 4 the local school council will accommodate the needs of or 5 otherwise provide appropriate resources to assist a student 6 from an indigent family in complying with an applicable 7 school uniform or dress code policy. A student whose parents 8 or legal guardians object on religious grounds to the 9 student's compliance with an applicable school uniform or 10 dress code policy shall not be required to comply with that 11 policy if the student's parents or legal guardians present to 12 the local school council a signed statement of objection 13 detailing the grounds for the objection. 14 15. All decisions made and actions taken by the local 15 school council in the exercise of its powers and duties shall 16 comply with State and federal laws, all applicable collective 17 bargaining agreements, court orders and rules properly 18 promulgated by the Board. 19 15a. To grant, in accordance with board rules and 20 policies, the use of assembly halls and classrooms when not 21 otherwise needed, including lighting, heat, and attendants, 22 for public lectures, concerts, and other educational and 23 social activities. 24 15b. To approve, in accordance with board rules and 25 policies, receipts and expenditures for all internal accounts 26 of the attendance center, and to approve all fund-raising 27 activities by nonschool organizations that use the school 28 building. 29 16. (Blank). 30 17. Names and addresses of local school council members 31 shall be a matter of public record. 32 (Source: P.A. 89-15, eff. 5-30-95; 89-610, eff. 8-6-96; 33 89-636, eff. 8-9-96; 90-14, eff. 7-1-97.)