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Public Act 91-0219
SB1192 Enrolled LRB9104502NTcd
AN ACT to amend the School Code by changing Section
34-8.3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 34-8.3 as follows:
(105 ILCS 5/34-8.3) (from Ch. 122, par. 34-8.3)
Sec. 34-8.3. Remediation and probation of attendance
centers.
(a) The general superintendent shall monitor the
performance of the attendance centers within the district and
shall identify attendance centers, pursuant to criteria that
the board shall establish, that have:
(1) failed to develop or implement a school
improvement plan;
(2) failed to make adequate progress toward
complying with a school improvement plan;
(3) failed or refused to comply with its school
improvement plan; or
(4) otherwise failed or refused to comply with the
provisions of this Act, other applicable laws, collective
bargaining agreements, court orders, or with Board rules
which the Board is authorized to promulgate.
(b) If the general superintendent identifies a
nonperforming school as described herein, he or she shall
place the attendance center on remediation by developing a
remediation plan for the center. The purpose of the
remediation plan shall be to correct the deficiencies in the
performance of the attendance center by one or more of the
following methods:
(1) drafting a new school improvement plan;
(2) applying to the board for additional funding
for training for the local school council;
(3) directing implementation of a school
improvement plan;
(4) mediating disputes or other obstacles to reform
or improvement at the attendance center.
If, however, the general superintendent determines that
the problems are not able to be remediated by these methods,
the general superintendent shall place the attendance center
on probation. The board shall establish guidelines that
determine the factors for placing an attendance center on
probation.
(c) Each school placed on probation shall have a school
improvement plan for correcting deficiencies specified by the
board. This plan shall include specific steps that the local
School Council and school staff must take to correct
deficiencies and specific objective criteria by which the
school's subsequent progress will be judged. The plan may
also specify external technical assistance that will be
provided to the school, drawing on its school discretionary
fund and other school funds.
(d) Schools placed on probation that, after a maximum of
one year, fail to make adequate progress in correcting
deficiencies are subject to the following action by the
general superintendent with the approval of the board, after
opportunity for a hearing:
(1) Ordering new local school council elections.
(2) Removing and replacing the principal.
(3) Replacement of faculty members, subject to the
provisions of Section 24A-5.
(4) Reconstitution of the attendance center and
replacement and reassignment by the general
superintendent of all employees of the attendance center.
(5) Intervention under Section 34-8.4.
(6) Closing of the school.
(e) Schools placed on probation shall remain on
probation from year to year until deficiencies are corrected,
even if such schools make acceptable annual progress. The
board shall establish, in writing, criteria for determining
whether or not a school shall remain on probation. If
academic achievement tests are used as the factor for placing
a school on probation, the general superintendent shall
consider objective criteria, not just an increase in test
scores, in deciding whether or not a school shall remain on
probation. These criteria shall include attendance, test
scores, student mobility rates, poverty rates, bilingual
education eligibility, special education, and English
language proficiency programs, with progress made in these
areas being taken into consideration in deciding whether or
not a school shall remain on probation.
(f) Where the board has reason to believe that
violations of civil rights, or of civil or criminal law have
occurred, or when the general superintendent deems that the
school is in educational crisis it may take immediate
corrective action, including the actions specified in this
Section, without first placing the school on remediation or
probation. Nothing described herein shall limit the
authority of the board as provided by any law of this State.
The board shall develop criteria governing the determination
regarding when a school is in educational crisis.
(g) All persons serving as subdistrict superintendent on
May 1, 1995 shall be deemed by operation of law to be serving
under a performance contract which expires on June 30, 1995,
and the employment of each such person as subdistrict
superintendent shall terminate on June 30, 1995. The board
shall have no obligation to compensate any such person as a
subdistrict superintendent after June 30, 1995.
(h) The general superintendent shall, in consultation
with local school councils, conduct an annual evaluation of
each principal in the district pursuant to guidelines
promulgated by the board of education.
(Source: P.A. 89-15, eff. 5-30-95.)
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