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91_HB3840ham001
LRB9111385NTksam02
1 AMENDMENT TO HOUSE BILL 3840
2 AMENDMENT NO. . Amend House Bill 3840 as follows:
3 on page 5, line 32, after "34-18.5." by inserting the
4 following:
5 "However, notwithstanding Section 34-18.5, the social
6 security number shall be provided only if available."; and
7 on page 12, line 6, after "34-2.2", by inserting "and
8 subdivision 1.5 of this Section"; and
9 on page 12, by replacing line 15 with the following:
10 "contract is to be renewed, based upon the evaluation
11 required by subdivision 1.5 of this Section, shall be made no
12 later than 150 days prior to the expiration of the current
13 performance-based contract of the principal, (ii) and in
14 cases where such"; and
15 on page 12, line 20, by replacing "(ii)" with "(iii) (ii)";
16 and
17 on page 13, by replacing lines 23 through 31 with the
18 following:
19 "all authority to search for and contract with a person to
20 serve as interim or acting principal, or as the principal of
21 the attendance center under a 4-year performance contract,
22 provided that any performance contract entered into by the
-2- LRB9111385NTksam02
1 local school council shall be voidable or modified in
2 accordance with the decision of the hearing officer. The
3 principal may"; and
4 on page 14, lines 2 and 3, by replacing "a local school
5 council member or members or" with "a local school council
6 member or members or"; and
7 on page 14, lines 7 and 8, by replacing "local school council
8 member or members or the" with "local school council member
9 or members or the"; and
10 on page 14, line 13, after "Association.", by inserting the
11 following:
12 "The general superintendent shall send a contemporaneous copy
13 of the request that was forwarded to the American Arbitration
14 Association to the principal and to each local school council
15 member and shall inform the local school council of its
16 rights and responsibilities under the arbitration process,
17 including the local school council's right to representation
18 and the manner and process by which the Board shall pay the
19 costs of the council's representation."; and
20 on page 14, line 18, by replacing "arbitration and" with
21 "arbitration, and"; and
22 on page 14, line 20, after "Education", by inserting the
23 following:
24 ", and the principal may retain counsel and participate in
25 the arbitration"; and
26 on page 14, by replacing lines 21 through 27 with the
27 following:
28 "this Code. If the local school council retains the principal
29 and a member or members of the local school council requests
30 a review of the principal's contract, the principal and the
31 local school council shall be considered adversarial parties
-3- LRB9111385NTksam02
1 and a hearing officer shall be chosen between those 2
2 parties as described in Section 34-85 of this Code. If the
3 local school council does not retain the"; and
4 on page 15, line 1, after "begin", by inserting "(i)"; and
5 on page 15, line 2, after "review", by inserting the
6 following:
7 "is submitted by the principal to the general superintendent
8 or (ii) if the initial request for review is made by the
9 general superintendent, within 45 days after that request is
10 mailed to the American Arbitration Association"; and
11 on page 15, line 4, after "begins", by inserting "and within
12 90 days after the initial request for review"; and
13 on page 15, line 17, after the period, by inserting the
14 following:
15 "The burden of proof in establishing that the local school
16 council's decision was arbitrary and capricious shall be on
17 the party requesting the arbitration, and this party shall
18 sustain the burden by a preponderance of the evidence.".