97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3171

 

Introduced 2/24/2011, by Rep. John D. Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.4a  from Ch. 122, par. 10-21.4a
105 ILCS 5/10-23.8a  from Ch. 122, par. 10-23.8a
105 ILCS 5/10-23.8b  from Ch. 122, par. 10-23.8b
105 ILCS 5/24A-15

    Amends the School Code. Provides for the employment of assistant principals. Includes provisions concerning (1) their duties, (2) their contracts, (3) their reclassification, and (4) their evaluation. Removes language that provides that if a principal is absent due to extended illness or leave of absence, then an assistant principal may be assigned as acting principal for a period not to exceed 60 school days. Provides that no principal (rather than no principal who has completed 2 or more years of administrative service in the school district) may be reclassified by demotion or reduction in rank from one position within a school district to another for which a lower salary is paid without written notice from the board of the proposed reclassification by April 1 of the year in which the contract expires. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.4a, 10-23.8a, 10-23.8b, and 24A-15 as follows:
 
6    (105 ILCS 5/10-21.4a)  (from Ch. 122, par. 10-21.4a)
7    Sec. 10-21.4a. Principals and assistant principals -
8Duties. To employ principals and assistant principals who hold
9valid supervisory or administrative certificates. The
10principal, with the assistance of any assistant principals, who
11shall supervise the operation of attendance centers as the
12board shall determine necessary. In an attendance center having
13fewer than 4 teachers, a head teacher who does not qualify as a
14principal may be assigned in the place of a principal.
15    The principal, with the assistance of any assistant
16principals, shall assume administrative responsibilities and
17instructional leadership, under the supervision of the
18superintendent, and in accordance with reasonable rules and
19regulations of the board, for the planning, operation and
20evaluation of the educational program of the attendance area to
21which he or she is assigned. However, in districts under a
22Financial Oversight Panel pursuant to Section 1A-8 for
23violating a financial plan, the duties and responsibilities of

 

 

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1principals and assistant principals in relation to the
2financial and business operations of the district shall be
3approved by the Panel. In the event the Board refuses or fails
4to follow a directive or comply with an information request of
5the Panel, the performance of those duties shall be subject to
6the direction of the Panel.
7    School boards shall specify in their formal job description
8for principals that his or her primary responsibility is in the
9improvement of instruction. A majority of the time spent by a
10principal shall be spent on curriculum and staff development
11through both formal and informal activities, establishing
12clear lines of communication regarding school goals,
13accomplishments, practices and policies with parents and
14teachers.
15    Unless residency within a school district is made an
16express condition of a person's employment or continued
17employment as a principal or assistant principal of that school
18district at the time of the person's initial employment as a
19principal or assistant principal of that district, residency
20within that school district may not at any time thereafter be
21made a condition of that person's employment or continued
22employment as a principal or assistant principal of the
23district, without regard to whether the person's initial
24employment as a principal or assistant principal of the
25district began before or begins on or after the effective date
26of this amendatory Act of 1996 and without regard to whether

 

 

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1that person's residency within or outside of the district began
2or was changed before or begins or changes on or after that
3effective date. In no event shall residency within a school
4district be considered in determining the compensation of a
5principal or assistant principal or the assignment or transfer
6of a principal or assistant principal to an attendance center
7of the district.
8    School boards shall ensure that their principals and
9assistant principals are evaluated on their instructional
10leadership ability and their ability to maintain a positive
11education and learning climate.
12    It shall also be the responsibility of the principal to
13utilize resources of proper law enforcement agencies when the
14safety and welfare of students and teachers are threatened by
15illegal use of drugs and alcohol.
16    The principal shall submit recommendations to the
17superintendent concerning the appointment, retention,
18promotion and assignment of all personnel assigned to the
19attendance center.
20    If a principal is absent due to extended illness or leave
21of absence, an assistant principal may be assigned as acting
22principal for a period not to exceed 60 school days.
23(Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96; 90-14,
24eff. 7-1-97.)
 
25    (105 ILCS 5/10-23.8a)  (from Ch. 122, par. 10-23.8a)

 

 

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1    Sec. 10-23.8a. Principal, assistant principal, and other
2administrator contracts. After the effective date of this
3amendatory Act of 1997 and the expiration of contracts in
4effect on the effective date of this amendatory Act, school
5districts may only employ principals, assistant principals,
6and other school administrators under either a contract for a
7period not to exceed one year or a performance-based contract
8for a period not to exceed 5 years, unless the provisions of
9Section 10-23.8b of this Code or subsection (e) of Section
1024A-15 of this Code otherwise apply.
11    Performance-based contracts shall be linked to student
12performance and academic improvement attributable to the
13responsibilities and duties of the principal, assistant
14principal, or administrator. No performance-based contract
15shall be extended or rolled-over prior to its scheduled
16expiration unless all the performance and improvement goals
17contained in the contract have been met. Each performance-based
18contract shall include the goals and indicators of student
19performance and academic improvement determined and used by the
20local school board to measure the performance and effectiveness
21of the principal, assistant principal, or other administrator
22and such other information as the local school board may
23determine.
24    By accepting the terms of a multi-year contract, the
25principal, assistant principal, or administrator waives all
26rights granted him or her under Sections 24-11 through 24-16 of

 

 

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1this Act only for the term of the multi-year contract. Upon
2acceptance of a multi-year contract, the principal, assistant
3principal, or administrator shall not lose any previously
4acquired tenure credit with the district.
5(Source: P.A. 94-1039, eff. 7-20-06.)
 
6    (105 ILCS 5/10-23.8b)  (from Ch. 122, par. 10-23.8b)
7    Sec. 10-23.8b. Reclassification of principals and
8assistant principals. Upon non-renewal of a principal's or
9assistant principal's administrative contract, the principal
10or assistant principal shall be reclassified pursuant to this
11Section. No principal or assistant principal who has completed
122 or more years of administrative service in the school
13district may be reclassified by demotion or reduction in rank
14from one position within a school district to another for which
15a lower salary is paid without written notice from the board of
16the proposed reclassification by April 1 of the year in which
17the contract expires.
18    Within 10 days of the principal's or assistant principal's
19receipt of this notice, the school board shall provide the
20principal or assistant principal with a written statement of
21the facts regarding reclassification, and the principal or
22assistant principal may request and receive a private hearing
23with the board to discuss the reasons for the reclassification.
24If the principal or assistant principal is not satisfied with
25the results of the private hearing, he or she may, within 5

 

 

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1days thereafter, request and receive a public hearing on the
2reclassification. Any principal or assistant principal may be
3represented by counsel at a private or public hearing conducted
4under this Section.
5    If the board decides to proceed with the reclassification,
6it shall give the principal or assistant principal written
7notice of its decision within 15 days of the private hearing or
8within 15 days of the public hearing held under this Section
9whichever is later. The decision of the board thereupon becomes
10final.
11    Nothing in this Section prohibits a board from ordering
12lateral transfers of principals or assistant principals to
13positions of similar rank and equal salary.
14    The changes made by Public Act 94-201 this amendatory Act
15of the 94th General Assembly are declaratory of existing law.
16(Source: P.A. 94-201, eff. 1-1-06.)
 
17    (105 ILCS 5/24A-15)
18    Sec. 24A-15. Development of evaluation plan for principals
19and assistant principals.
20    (a) Each school district, except for a school district
21organized under Article 34 of this Code, shall establish a
22principal and assistant principal evaluation plan in
23accordance with this Section. The plan must ensure that each
24principal and assistant principal is evaluated as follows:
25        (1) For a principal or assistant principal on a

 

 

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1    single-year contract, the evaluation must take place by
2    March 1 of each year.
3        (2) For a principal or assistant principal on a
4    multi-year contract under Section 10-23.8a of this Code,
5    the evaluation must take place by March 1 of the final year
6    of the contract.
7    On and after September 1, 2012, the plan must:
8        (i) rate the principal's or assistant principal's
9    performance as "excellent", "proficient", "needs
10    improvement" or "unsatisfactory"; and
11        (ii) ensure that each principal and assistant
12    principal is evaluated at least once every school year.
13    Nothing in this Section prohibits a school district from
14conducting additional evaluations of principals and assistant
15principals.
16    (b) The evaluation shall include a description of the
17principal's or assistant principal's duties and
18responsibilities and the standards to which the principal or
19assistant principal is expected to conform.
20    (c) The evaluation for a principal must be performed by the
21district superintendent, the superintendent's designee, or, in
22the absence of the superintendent or his or her designee, an
23individual appointed by the school board who holds a registered
24Type 75 State administrative certificate.
25    Prior to September 1, 2012, the evaluation must be in
26writing and must at least do all of the following:

 

 

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1        (1) Consider the principal's specific duties,
2    responsibilities, management, and competence as a
3    principal.
4        (2) Specify the principal's strengths and weaknesses,
5    with supporting reasons.
6        (3) Align with research-based standards established by
7    administrative rule.
8    On and after September 1, 2012, the evaluation must, in
9addition to the requirements in items (1), (2), and (3) of this
10subsection (c), provide for the use of data and indicators on
11student growth as a significant factor in rating performance.
12    (c-5) The evaluation of an assistant principal must be
13performed by the principal, the district superintendent, the
14superintendent's designee, or, in the absence of the
15superintendent or his or her designee, an individual appointed
16by the school board who holds a registered Type 75 State
17administrative certificate. The evaluation must be in writing
18and must at least do all of the following:
19        (1) Consider the assistant principal's specific
20    duties, responsibilities, management, and competence as an
21    assistant principal.
22        (2) Specify the assistant principal's strengths and
23    weaknesses with supporting reasons.
24        (3) Align with the Illinois Professional Standards for
25    School Leaders or research-based district standards.
26    On and after September 1, 2012, the evaluation must, in

 

 

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1addition to the requirements in items (1), (2), and (3) of this
2subsection (c-5), provide for the use of data and indicators on
3student growth as a significant factor in rating performance.
4    (d) One copy of the evaluation must be included in the
5principal's or assistant principal's personnel file and one
6copy of the evaluation must be provided to the principal or
7assistant principal.
8    (e) Failure by a district to evaluate a principal or
9assistant principal and to provide the principal or assistant
10principal with a copy of the evaluation at least once during
11the term of the principal's or assistant principal's contract,
12in accordance with this Section, is evidence that the principal
13or assistant principal is performing duties and
14responsibilities in at least a satisfactory manner and shall
15serve to automatically extend the principal's or assistant
16principal's contract for a period of one year after the
17contract would otherwise expire, under the same terms and
18conditions as the prior year's contract. The requirements in
19this Section are in addition to the right of a school board to
20reclassify a principal or assistant principal pursuant to
21Section 10-23.8b of this Code.
22    (f) Nothing in this Section prohibits a school board from
23ordering lateral transfers of principals or assistant
24principals to positions of similar rank and salary.
25(Source: P.A. 96-861, eff. 1-15-10.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.