97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5386

 

Introduced 2/15/2012, by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-2.3  from Ch. 122, par. 34-2.3
105 ILCS 5/34-8.1a rep.

    Amends the Chicago School District Article of the School Code. Repeals a Section that gives a principal, with employee concurrence, the right to declare waived and superseded a provision of a teachers' collective bargaining agreement as it applies in or at the attendance center to the bargaining unit's employees; makes a related change. Effective immediately.


LRB097 18444 NHT 63671 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5386LRB097 18444 NHT 63671 b

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 Section
534-2.3 as follows:
 
6    (105 ILCS 5/34-2.3)  (from Ch. 122, par. 34-2.3)
7    Sec. 34-2.3. Local school councils - Powers and duties.
8Each local school council shall have and exercise, consistent
9with the provisions of this Article and the powers and duties
10of the board of education, the following powers and duties:
11    1. (A) To annually evaluate the performance of the
12principal of the attendance center using a Board approved
13principal evaluation form, which shall include the evaluation
14of (i) student academic improvement, as defined by the school
15improvement plan, (ii) student absenteeism rates at the school,
16(iii) instructional leadership, (iv) the effective
17implementation of programs, policies, or strategies to improve
18student academic achievement, (v) school management, and (vi)
19any other factors deemed relevant by the local school council,
20including, without limitation, the principal's communication
21skills and ability to create and maintain a student-centered
22learning environment, to develop opportunities for
23professional development, and to encourage parental

 

 

HB5386- 2 -LRB097 18444 NHT 63671 b

1involvement and community partnerships to achieve school
2improvement;
3    (B) to determine in the manner provided by subsection (c)
4of Section 34-2.2 and subdivision 1.5 of this Section whether
5the performance contract of the principal shall be renewed; and
6    (C) to directly select, in the manner provided by
7subsection (c) of Section 34-2.2, a new principal (including a
8new principal to fill a vacancy) -- without submitting any list
9of candidates for that position to the general superintendent
10as provided in paragraph 2 of this Section -- to serve under a
114 year performance contract; provided that (i) the
12determination of whether the principal's performance contract
13is to be renewed, based upon the evaluation required by
14subdivision 1.5 of this Section, shall be made no later than
15150 days prior to the expiration of the current
16performance-based contract of the principal, (ii) in cases
17where such performance contract is not renewed -- a direct
18selection of a new principal -- to serve under a 4 year
19performance contract shall be made by the local school council
20no later than 45 days prior to the expiration of the current
21performance contract of the principal, and (iii) a selection by
22the local school council of a new principal to fill a vacancy
23under a 4 year performance contract shall be made within 90
24days after the date such vacancy occurs. A Council shall be
25required, if requested by the principal, to provide in writing
26the reasons for the council's not renewing the principal's

 

 

HB5386- 3 -LRB097 18444 NHT 63671 b

1contract.
2    1.5. The local school council's determination of whether to
3renew the principal's contract shall be based on an evaluation
4to assess the educational and administrative progress made at
5the school during the principal's current performance-based
6contract. The local school council shall base its evaluation on
7(i) student academic improvement, as defined by the school
8improvement plan, (ii) student absenteeism rates at the school,
9(iii) instructional leadership, (iv) the effective
10implementation of programs, policies, or strategies to improve
11student academic achievement, (v) school management, and (vi)
12any other factors deemed relevant by the local school council,
13including, without limitation, the principal's communication
14skills and ability to create and maintain a student-centered
15learning environment, to develop opportunities for
16professional development, and to encourage parental
17involvement and community partnerships to achieve school
18improvement. If a local school council fails to renew the
19performance contract of a principal rated by the general
20superintendent, or his or her designee, in the previous years'
21evaluations as meeting or exceeding expectations, the
22principal, within 15 days after the local school council's
23decision not to renew the contract, may request a review of the
24local school council's principal non-retention decision by a
25hearing officer appointed by the American Arbitration
26Association. A local school council member or members or the

 

 

HB5386- 4 -LRB097 18444 NHT 63671 b

1general superintendent may support the principal's request for
2review. During the period of the hearing officer's review of
3the local school council's decision on whether or not to retain
4the principal, the local school council shall maintain all
5authority to search for and contract with a person to serve as
6interim or acting principal, or as the principal of the
7attendance center under a 4-year performance contract,
8provided that any performance contract entered into by the
9local school council shall be voidable or modified in
10accordance with the decision of the hearing officer. The
11principal may request review only once while at that attendance
12center. If a local school council renews the contract of a
13principal who failed to obtain a rating of "meets" or "exceeds
14expectations" in the general superintendent's evaluation for
15the previous year, the general superintendent, within 15 days
16after the local school council's decision to renew the
17contract, may request a review of the local school council's
18principal retention decision by a hearing officer appointed by
19the American Arbitration Association. The general
20superintendent may request a review only once for that
21principal at that attendance center. All requests to review the
22retention or non-retention of a principal shall be submitted to
23the general superintendent, who shall, in turn, forward such
24requests, within 14 days of receipt, to the American
25Arbitration Association. The general superintendent shall send
26a contemporaneous copy of the request that was forwarded to the

 

 

HB5386- 5 -LRB097 18444 NHT 63671 b

1American Arbitration Association to the principal and to each
2local school council member and shall inform the local school
3council of its rights and responsibilities under the
4arbitration process, including the local school council's
5right to representation and the manner and process by which the
6Board shall pay the costs of the council's representation. If
7the local school council retains the principal and the general
8superintendent requests a review of the retention decision, the
9local school council and the general superintendent shall be
10considered parties to the arbitration, a hearing officer shall
11be chosen between those 2 parties pursuant to procedures
12promulgated by the State Board of Education, and the principal
13may retain counsel and participate in the arbitration. If the
14local school council does not retain the principal and the
15principal requests a review of the retention decision, the
16local school council and the principal shall be considered
17parties to the arbitration and a hearing officer shall be
18chosen between those 2 parties pursuant to procedures
19promulgated by the State Board of Education. The hearing shall
20begin (i) within 45 days after the initial request for review
21is submitted by the principal to the general superintendent or
22(ii) if the initial request for review is made by the general
23superintendent, within 45 days after that request is mailed to
24the American Arbitration Association. The hearing officer
25shall render a decision within 45 days after the hearing begins
26and within 90 days after the initial request for review. The

 

 

HB5386- 6 -LRB097 18444 NHT 63671 b

1Board shall contract with the American Arbitration Association
2for all of the hearing officer's reasonable and necessary
3costs. In addition, the Board shall pay any reasonable costs
4incurred by a local school council for representation before a
5hearing officer.
6    1.10. The hearing officer shall conduct a hearing, which
7shall include (i) a review of the principal's performance,
8evaluations, and other evidence of the principal's service at
9the school, (ii) reasons provided by the local school council
10for its decision, and (iii) documentation evidencing views of
11interested persons, including, without limitation, students,
12parents, local school council members, school faculty and
13staff, the principal, the general superintendent or his or her
14designee, and members of the community. The burden of proof in
15establishing that the local school council's decision was
16arbitrary and capricious shall be on the party requesting the
17arbitration, and this party shall sustain the burden by a
18preponderance of the evidence. The hearing officer shall set
19the local school council decision aside if that decision, in
20light of the record developed at the hearing, is arbitrary and
21capricious. The decision of the hearing officer may not be
22appealed to the Board or the State Board of Education. If the
23hearing officer decides that the principal shall be retained,
24the retention period shall not exceed 2 years.
25    2. In the event (i) the local school council does not renew
26the performance contract of the principal, or the principal

 

 

HB5386- 7 -LRB097 18444 NHT 63671 b

1fails to receive a satisfactory rating as provided in
2subsection (h) of Section 34-8.3, or the principal is removed
3for cause during the term of his or her performance contract in
4the manner provided by Section 34-85, or a vacancy in the
5position of principal otherwise occurs prior to the expiration
6of the term of a principal's performance contract, and (ii) the
7local school council fails to directly select a new principal
8to serve under a 4 year performance contract, the local school
9council in such event shall submit to the general
10superintendent a list of 3 candidates -- listed in the local
11school council's order of preference -- for the position of
12principal, one of which shall be selected by the general
13superintendent to serve as principal of the attendance center.
14If the general superintendent fails or refuses to select one of
15the candidates on the list to serve as principal within 30 days
16after being furnished with the candidate list, the general
17superintendent shall select and place a principal on an interim
18basis (i) for a period not to exceed one year or (ii) until the
19local school council selects a new principal with 7 affirmative
20votes as provided in subsection (c) of Section 34-2.2,
21whichever occurs first. If the local school council fails or
22refuses to select and appoint a new principal, as specified by
23subsection (c) of Section 34-2.2, the general superintendent
24may select and appoint a new principal on an interim basis for
25an additional year or until a new contract principal is
26selected by the local school council. There shall be no

 

 

HB5386- 8 -LRB097 18444 NHT 63671 b

1discrimination on the basis of race, sex, creed, color or
2disability unrelated to ability to perform in connection with
3the submission of candidates for, and the selection of a
4candidate to serve as principal of an attendance center. No
5person shall be directly selected, listed as a candidate for,
6or selected to serve as principal of an attendance center (i)
7if such person has been removed for cause from employment by
8the Board or (ii) if such person does not hold a valid
9administrative certificate issued or exchanged under Article
1021 and endorsed as required by that Article for the position of
11principal. A principal whose performance contract is not
12renewed as provided under subsection (c) of Section 34-2.2 may
13nevertheless, if otherwise qualified and certified as herein
14provided and if he or she has received a satisfactory rating as
15provided in subsection (h) of Section 34-8.3, be included by a
16local school council as one of the 3 candidates listed in order
17of preference on any candidate list from which one person is to
18be selected to serve as principal of the attendance center
19under a new performance contract. The initial candidate list
20required to be submitted by a local school council to the
21general superintendent in cases where the local school council
22does not renew the performance contract of its principal and
23does not directly select a new principal to serve under a 4
24year performance contract shall be submitted not later than 30
25days prior to the expiration of the current performance
26contract. In cases where the local school council fails or

 

 

HB5386- 9 -LRB097 18444 NHT 63671 b

1refuses to submit the candidate list to the general
2superintendent no later than 30 days prior to the expiration of
3the incumbent principal's contract, the general superintendent
4may appoint a principal on an interim basis for a period not to
5exceed one year, during which time the local school council
6shall be able to select a new principal with 7 affirmative
7votes as provided in subsection (c) of Section 34-2.2. In cases
8where a principal is removed for cause or a vacancy otherwise
9occurs in the position of principal and the vacancy is not
10filled by direct selection by the local school council, the
11candidate list shall be submitted by the local school council
12to the general superintendent within 90 days after the date
13such removal or vacancy occurs. In cases where the local school
14council fails or refuses to submit the candidate list to the
15general superintendent within 90 days after the date of the
16vacancy, the general superintendent may appoint a principal on
17an interim basis for a period of one year, during which time
18the local school council shall be able to select a new
19principal with 7 affirmative votes as provided in subsection
20(c) of Section 34-2.2.
21    2.5. Whenever a vacancy in the office of a principal occurs
22for any reason, the vacancy shall be filled in the manner
23provided by this Section by the selection of a new principal to
24serve under a 4 year performance contract.
25    3. To establish additional criteria to be included as part
26of the performance contract of its principal, provided that

 

 

HB5386- 10 -LRB097 18444 NHT 63671 b

1such additional criteria shall not discriminate on the basis of
2race, sex, creed, color or disability unrelated to ability to
3perform, and shall not be inconsistent with the uniform 4 year
4performance contract for principals developed by the board as
5provided in Section 34-8.1 of the School Code or with other
6provisions of this Article governing the authority and
7responsibility of principals.
8    4. To approve the expenditure plan prepared by the
9principal with respect to all funds allocated and distributed
10to the attendance center by the Board. The expenditure plan
11shall be administered by the principal. Notwithstanding any
12other provision of this Act or any other law, any expenditure
13plan approved and administered under this Section 34-2.3 shall
14be consistent with and subject to the terms of any contract for
15services with a third party entered into by the Chicago School
16Reform Board of Trustees or the board under this Act.
17    Via a supermajority vote of 7 members of the local school
18council or 8 members of a high school local school council, the
19Council may transfer allocations pursuant to Section 34-2.3
20within funds; provided that such a transfer is consistent with
21applicable law and collective bargaining agreements.
22    Beginning in fiscal year 1991 and in each fiscal year
23thereafter, the Board may reserve up to 1% of its total fiscal
24year budget for distribution on a prioritized basis to schools
25throughout the school system in order to assure adequate
26programs to meet the needs of special student populations as

 

 

HB5386- 11 -LRB097 18444 NHT 63671 b

1determined by the Board. This distribution shall take into
2account the needs catalogued in the Systemwide Plan and the
3various local school improvement plans of the local school
4councils. Information about these centrally funded programs
5shall be distributed to the local school councils so that their
6subsequent planning and programming will account for these
7provisions.
8    Beginning in fiscal year 1991 and in each fiscal year
9thereafter, from other amounts available in the applicable
10fiscal year budget, the board shall allocate a lump sum amount
11to each local school based upon such formula as the board shall
12determine taking into account the special needs of the student
13body. The local school principal shall develop an expenditure
14plan in consultation with the local school council, the
15professional personnel leadership committee and with all other
16school personnel, which reflects the priorities and activities
17as described in the school's local school improvement plan and
18is consistent with applicable law and collective bargaining
19agreements and with board policies and standards; however, the
20local school council shall have the right to request waivers of
21board policy from the board of education and waivers of
22employee collective bargaining agreements pursuant to Section
2334-8.1a.
24    The expenditure plan developed by the principal with
25respect to amounts available from the fund for prioritized
26special needs programs and the allocated lump sum amount must

 

 

HB5386- 12 -LRB097 18444 NHT 63671 b

1be approved by the local school council.
2    The lump sum allocation shall take into account the
3following principles:
4        a. Teachers: Each school shall be allocated funds equal
5    to the amount appropriated in the previous school year for
6    compensation for teachers (regular grades kindergarten
7    through 12th grade) plus whatever increases in
8    compensation have been negotiated contractually or through
9    longevity as provided in the negotiated agreement.
10    Adjustments shall be made due to layoff or reduction in
11    force, lack of funds or work, change in subject
12    requirements, enrollment changes, or contracts with third
13    parties for the performance of services or to rectify any
14    inconsistencies with system-wide allocation formulas or
15    for other legitimate reasons.
16        b. Other personnel: Funds for other teacher
17    certificated and uncertificated personnel paid through
18    non-categorical funds shall be provided according to
19    system-wide formulas based on student enrollment and the
20    special needs of the school as determined by the Board.
21        c. Non-compensation items: Appropriations for all
22    non-compensation items shall be based on system-wide
23    formulas based on student enrollment and on the special
24    needs of the school or factors related to the physical
25    plant, including but not limited to textbooks, electronic
26    textbooks and the technological equipment necessary to

 

 

HB5386- 13 -LRB097 18444 NHT 63671 b

1    gain access to and use electronic 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 receive
11    funds based on State and Board requirements applicable to
12    each State Title I pupil provided to meet the special needs
13    of the student body. Each school shall receive the
14    proportion of funds as provided in Section 18-8 to which
15    they are entitled. These funds shall be spent only with the
16    budgetary approval of the Local School Council as provided
17    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 ones
20    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

 

 

HB5386- 14 -LRB097 18444 NHT 63671 b

1    bargaining agreements, the local school council shall have
2    the right to direct the principal to shift expenditures
3    within funds.
4        g. (Blank).
5    Any funds unexpended at the end of the fiscal year shall be
6available to the board of education for use as part of its
7budget for the following fiscal year.
8    5. To make recommendations to the principal concerning
9textbook selection and concerning curriculum developed
10pursuant to the school improvement plan which is consistent
11with systemwide curriculum objectives in accordance with
12Sections 34-8 and 34-18 of the School Code and in conformity
13with the collective bargaining agreement.
14    6. To advise the principal concerning the attendance and
15disciplinary policies for the attendance center, subject to the
16provisions of this Article and Article 26, and consistent with
17the uniform system of discipline established by the board
18pursuant to Section 34-19.
19    7. To approve a school improvement plan developed as
20provided in Section 34-2.4. The process and schedule for plan
21development shall be publicized to the entire school community,
22and the community shall be afforded the opportunity to make
23recommendations concerning the plan. At least twice a year the
24principal and local school council shall report publicly on
25progress and problems with respect to plan implementation.
26    8. To evaluate the allocation of teaching resources and

 

 

HB5386- 15 -LRB097 18444 NHT 63671 b

1other certificated and uncertificated staff to the attendance
2center to determine whether such allocation is consistent with
3and in furtherance of instructional objectives and school
4programs reflective of the school improvement plan adopted for
5the attendance center; and to make recommendations to the
6board, the general superintendent and the principal concerning
7any reallocation of teaching resources or other staff whenever
8the council determines that any such reallocation is
9appropriate because the qualifications of any existing staff at
10the attendance center do not adequately match or support
11instructional objectives or school programs which reflect the
12school improvement plan.
13    9. To make recommendations to the principal and the general
14superintendent concerning their respective appointments, after
15August 31, 1989, and in the manner provided by Section 34-8 and
16Section 34-8.1, of persons to fill any vacant, additional or
17newly created positions for teachers at the attendance center
18or at attendance centers which include the attendance center
19served by the local school council.
20    10. To request of the Board the manner in which training
21and assistance shall be provided to the local school council.
22Pursuant to Board guidelines a local school council is
23authorized to direct the Board of Education to contract with
24personnel or not-for-profit organizations not associated with
25the school district to train or assist council members. If
26training or assistance is provided by contract with personnel

 

 

HB5386- 16 -LRB097 18444 NHT 63671 b

1or organizations not associated with the school district, the
2period of training or assistance shall not exceed 30 hours
3during a given school year; person shall not be employed on a
4continuous basis longer than said period and shall not have
5been employed by the Chicago Board of Education within the
6preceding six months. Council members shall receive training in
7at least the following areas:
8        1. school budgets;
9        2. educational theory pertinent to the attendance
10    center's particular needs, including the development of
11    the school improvement plan and the principal's
12    performance contract; and
13        3. personnel selection.
14Council members shall, to the greatest extent possible,
15complete such training within 90 days of election.
16    11. In accordance with systemwide guidelines contained in
17the System-Wide Educational Reform Goals and Objectives Plan,
18criteria for evaluation of performance shall be established for
19local school councils and local school council members. If a
20local school council persists in noncompliance with systemwide
21requirements, the Board may impose sanctions and take necessary
22corrective action, consistent with Section 34-8.3.
23    12. Each local school council shall comply with the Open
24Meetings Act and the Freedom of Information Act. Each local
25school council shall issue and transmit to its school community
26a detailed annual report accounting for its activities

 

 

HB5386- 17 -LRB097 18444 NHT 63671 b

1programmatically and financially. Each local school council
2shall convene at least 2 well-publicized meetings annually with
3its entire school community. These meetings shall include
4presentation of the proposed local school improvement plan, of
5the proposed school expenditure plan, and the annual report,
6and shall provide an opportunity for public comment.
7    13. Each local school council is encouraged to involve
8additional non-voting members of the school community in
9facilitating the council's exercise of its responsibilities.
10    14. The local school council may adopt a school uniform or
11dress code policy that governs the attendance center and that
12is necessary to maintain the orderly process of a school
13function or prevent endangerment of student health or safety,
14consistent with the policies and rules of the Board of
15Education. A school uniform or dress code policy adopted by a
16local school council: (i) shall not be applied in such manner
17as to discipline or deny attendance to a transfer student or
18any other student for noncompliance with that policy during
19such period of time as is reasonably necessary to enable the
20student to acquire a school uniform or otherwise comply with
21the dress code policy that is in effect at the attendance
22center into which the student's enrollment is transferred; and
23(ii) shall include criteria and procedures under which the
24local school council will accommodate the needs of or otherwise
25provide appropriate resources to assist a student from an
26indigent family in complying with an applicable school uniform

 

 

HB5386- 18 -LRB097 18444 NHT 63671 b

1or dress code policy. A student whose parents or legal
2guardians object on religious grounds to the student's
3compliance with an applicable school uniform or dress code
4policy shall not be required to comply with that policy if the
5student's parents or legal guardians present to the local
6school council a signed statement of objection detailing the
7grounds for the objection.
8    15. All decisions made and actions taken by the local
9school council in the exercise of its powers and duties shall
10comply with State and federal laws, all applicable collective
11bargaining agreements, court orders and rules properly
12promulgated by the Board.
13    15a. To grant, in accordance with board rules and policies,
14the use of assembly halls and classrooms when not otherwise
15needed, including lighting, heat, and attendants, for public
16lectures, concerts, and other educational and social
17activities.
18    15b. To approve, in accordance with board rules and
19policies, receipts and expenditures for all internal accounts
20of the attendance center, and to approve all fund-raising
21activities by nonschool organizations that use the school
22building.
23    16. (Blank).
24    17. Names and addresses of local school council members
25shall be a matter of public record.
26(Source: P.A. 96-1403, eff. 7-29-10.)
 

 

 

HB5386- 19 -LRB097 18444 NHT 63671 b

1    (105 ILCS 5/34-8.1a rep.)
2    Section 10. The School Code is amended by repealing Section
334-8.1a.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.