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91_SB1192 LRB9104502NTcd 1 AN ACT to amend the School Code by changing Section 2 34-8.3. 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 34-8.3 as follows: 7 (105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3) 8 Sec. 34-8.3. Remediation and probation of attendance 9 centers. 10 (a) The general superintendent shall monitor the 11 performance of the attendance centers within the district and 12 shall identify attendance centers, pursuant to criteria that 13 the board shall establish, that have: 14 (1) failed to develop or implement a school 15 improvement plan; 16 (2) failed to make adequate progress toward 17 complying with a school improvement plan; 18 (3) failed or refused to comply with its school 19 improvement plan; or 20 (4) otherwise failed or refused to comply with the 21 provisions of this Act, other applicable laws, collective 22 bargaining agreements, court orders, or with Board rules 23 which the Board is authorized to promulgate. 24 (b) If the general superintendent identifies a 25 nonperforming school as described herein, he or she shall 26 place the attendance center on remediation by developing a 27 remediation plan for the center. The purpose of the 28 remediation plan shall be to correct the deficiencies in the 29 performance of the attendance center by one or more of the 30 following methods: 31 (1) drafting a new school improvement plan; -2- LRB9104502NTcd 1 (2) applying to the board for additional funding 2 for training for the local school council; 3 (3) directing implementation of a school 4 improvement plan; 5 (4) mediating disputes or other obstacles to reform 6 or improvement at the attendance center. 7 If, however, the general superintendent determines that 8 the problems are not able to be remediated by these methods, 9 the general superintendent shall place the attendance center 10 on probation. The board shall establish guidelines that 11 determine the factors for placing an attendance center on 12 probation. 13 (c) Each school placed on probation shall have a school 14 improvement plan for correcting deficiencies specified by the 15 board. This plan shall include specific steps that the local 16 School Council and school staff must take to correct 17 deficiencies and specific objective criteria by which the 18 school's subsequent progress will be judged. The plan may 19 also specify external technical assistance that will be 20 provided to the school, drawing on its school discretionary 21 fund and other school funds. 22 (d) Schools placed on probation that, after a maximum of 23 one year, fail to make adequate progress in correcting 24 deficiencies are subject to the following action by the 25 general superintendent with the approval of the board, after 26 opportunity for a hearing: 27 (1) Ordering new local school council elections. 28 (2) Removing and replacing the principal. 29 (3) Replacement of faculty members, subject to the 30 provisions of Section 24A-5. 31 (4) Reconstitution of the attendance center and 32 replacement and reassignment by the general 33 superintendent of all employees of the attendance center. 34 (5) Intervention under Section 34-8.4. -3- LRB9104502NTcd 1 (6) Closing of the school. 2 (e) Schools placed on probation shall remain on 3 probation from year to year until deficiencies are corrected, 4 even if such schools make acceptable annual progress. The 5 board shall establish, in writing, criteria for determining 6 whether or not a school shall remain on probation. If 7 academic achievement tests are used as the factor for placing 8 a school on probation, the general superintendent shall 9 consider objective criteria, not just an increase in test 10 scores, in deciding whether or not a school shall remain on 11 probation. These criteria shall include attendance, test 12 scores, student mobility rates, poverty rates, bilingual 13 education eligibility, special education, and English 14 language proficiency programs, with progress made in these 15 areas being taken into consideration in deciding whether or 16 not a school shall remain on probation. 17 (f) Where the board has reason to believe that 18 violations of civil rights, or of civil or criminal law have 19 occurred, or when the general superintendent deems that the 20 school is in educational crisis it may take immediate 21 corrective action, including the actions specified in this 22 Section, without first placing the school on remediation or 23 probation. Nothing described herein shall limit the 24 authority of the board as provided by any law of this State. 25 The board shall develop criteria governing the determination 26 regarding when a school is in educational crisis. 27 (g) All persons serving as subdistrict superintendent on 28 May 1, 1995 shall be deemed by operation of law to be serving 29 under a performance contract which expires on June 30, 1995, 30 and the employment of each such person as subdistrict 31 superintendent shall terminate on June 30, 1995. The board 32 shall have no obligation to compensate any such person as a 33 subdistrict superintendent after June 30, 1995. 34 (h) The general superintendent shall, in consultation -4- LRB9104502NTcd 1 with local school councils, conduct an annual evaluation of 2 each principal in the district pursuant to guidelines 3 promulgated by the board of education. 4 (Source: P.A. 89-15, eff. 5-30-95.)