State of Illinois
91st General Assembly
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Public Act 91-0728

HB3840 Enrolled                                LRB9111385NTks

    AN ACT to amend the  School  Code  by  changing  Sections
34-2.1, 34-2.3, and 34-8.1.

    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
Sections 34-2.1, 34-2.3, and 34-8.1 as follows:

    (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
    Sec.  34-2.1.   Local  School  Councils  -  Composition -
Voter-Eligibility - Elections - Terms.
    (a)  A local school council shall be established for each
attendance center within the  school  district.   Each  local
school  council  shall  consist  of  the  following 11 voting
members: the principal of the attendance center,  2  teachers
employed  and  assigned  to  perform  the  majority  of their
employment duties at the  attendance  center,  6  parents  of
students  currently  enrolled  at the attendance center and 2
community residents. Neither the parents  nor  the  community
residents  who  serve  as members of the local school council
shall be  employees  of  the  Board  of  Education.  In  each
secondary  attendance  center, the local school council shall
consist of  12  voting  members  --  the  11  voting  members
described  above  and one full-time student member, appointed
as provided in subsection (m) below. In the  event  that  the
chief executive officer of the Chicago School Reform Board of
Trustees  determines  that  a  local  school  council  is not
carrying out its  financial  duties  effectively,  the  chief
executive  officer  is authorized to appoint a representative
of the business community  with  experience  in  finance  and
management to serve as an advisor to the local school council
for  the  purpose  of  providing advice and assistance to the
local school council on fiscal matters.   The  advisor  shall
have access to relevant financial records of the local school
council.   The  advisor  may  attend  executive sessions. The
chief executive officer shall issue a written policy defining
the circumstances under which a local school council  is  not
carrying out its financial duties effectively.
    (b)  Within  7  days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall  be
a parent member and a Secretary) of each local school council
who  shall hold their offices until their successors shall be
elected and qualified. Members so appointed  shall  have  all
the  powers  and duties of local school councils as set forth
in this amendatory Act of  1991.   The  Mayor's  appointments
shall not require approval by the City Council.
    The  membership  of  each  local  school council shall be
encouraged  to  be  reflective  of  the  racial  and   ethnic
composition  of  the  student  population  of  the attendance
center served by the local school council.
    (c)  Beginning with the  1995-1996  school  year  and  in
every  even-numbered  year  thereafter,  the  Board shall set
second semester Parent Report  Card  Pick-up  Day  for  Local
School  Council  elections  and  may  schedule  elections  at
year-round schools for the same dates as the remainder of the
school  system.    Elections  shall  be conducted as provided
herein by the Board of Education  in  consultation  with  the
local school council at each attendance center.
    (d)  Beginning   with   the   1995-96  school  year,  the
following procedures shall apply to  the  election  of  local
school council members at each attendance center:
         (i)  The   elected  members  of  each  local  school
    council shall consist of the 6 parent members and  the  2
    community resident members.
         (ii)  Each  elected  member  shall be elected by the
    eligible voters of that attendance center to serve for  a
    two-year  term commencing on July 1 immediately following
    the  election  described  in  subsection  (c).   Eligible
    voters for each attendance center shall  consist  of  the
    parents  and  community  residents  for  that  attendance
    center.
         (iii)  Each eligible voter shall be entitled to cast
    one  vote for up to a total of 5 candidates, irrespective
    of  whether  such  candidates  are  parent  or  community
    resident candidates.
         (iv)  Each parent voter shall be entitled to vote in
    the local school  council  election  at  each  attendance
    center in which he or she has a child currently enrolled.
    Each  community  resident voter shall be entitled to vote
    in the local school council election at  each  attendance
    center  for  which  he  or  she resides in the applicable
    attendance area or voting district, as the case may be.
         (v)  Each eligible voter shall be entitled  to  vote
    once, but not more than once, in the local school council
    election  at each attendance center at which the voter is
    eligible to vote.
         (vi)  The 2 teacher members  of  each  local  school
    council  shall be appointed as provided in subsection (l)
    below each to serve for a two-year term  coinciding  with
    that   of  the  elected  parent  and  community  resident
    members.
         (vii)  At secondary attendance centers,  the  voting
    student   member   shall  be  appointed  as  provided  in
    subsection  (m)  below  to  serve  for  a  one-year  term
    coinciding with the beginning of the terms of the elected
    parent and community members of the local school council.
    (e)  The Council shall publicize the date  and  place  of
the  election by posting notices at the attendance center, in
public  places  within  the  attendance  boundaries  of   the
attendance  center  and by distributing notices to the pupils
at the attendance center, and shall utilize such other  means
as  it  deems  necessary  to  maximize the involvement of all
eligible voters.
    (f)  Nomination.  The Council shall publicize the opening
of nominations by posting notices at the  attendance  center,
in  public  places  within  the  attendance boundaries of the
attendance center and by distributing notices to  the  pupils
at  the attendance center, and shall utilize such other means
as it deems necessary to  maximize  the  involvement  of  all
eligible  voters.   Not less than 2 weeks before the election
date, persons eligible to run for the  Council  shall  submit
their  name,  date  of  birth,  social  security  number,  if
available,  and  some evidence of eligibility to the Council.
The  Council  shall  encourage   nomination   of   candidates
reflecting  the  racial/ethnic  population of the students at
the attendance center.  Each person nominated who runs  as  a
candidate  shall  disclose,  in  a  manner  determined by the
Board, any economic interest held by  such  person,  by  such
person's  spouse  or  children, or by each business entity in
which such person has an ownership interest, in any  contract
with the Board, any local school council or any public school
in  the  school district. Each person nominated who runs as a
candidate shall also disclose, in a manner determined by  the
Board,  if  he  or  she ever has been convicted of any of the
offenses specified in  subsection  (c)  of  Section  34-18.5;
provided  that neither this provision nor any other provision
of this Section shall be deemed to require the disclosure  of
any  information  that  is  contained  in any law enforcement
record or juvenile court record that is confidential or whose
accessibility or disclosure is restricted or prohibited under
Section 5-901 or 5-905 of the Juvenile  Court  Act  of  1987.
Failure  to  make  such  disclosure  shall  render  a  person
ineligible  for  election  or  to  serve  on the local school
council.  The same disclosure shall be  required  of  persons
under  consideration  for appointment to the Council pursuant
to subsections (l) and (m) of this Section.
    (f-5)  Notwithstanding disclosure, a person who has  been
convicted  of any of the following offenses at any time shall
be ineligible for election or appointment to a  local  school
council  and  ineligible  for  appointment  to a local school
council pursuant to subsections (l) and (m) of this  Section:
(i)  those  defined  in Section 11-6, 11-9.1, 11-16, 11-17.1,
11-19, 11-19.1,  11-19.2,  11-20.1,  12-13,  12-14,  12-14.1,
12-15,  or  12-16  of  the  Criminal Code of 1961 or (ii) any
offense committed or attempted in any other state or  against
the  laws  of  the  United  States,  which,  if  committed or
attempted in this State, would have been punishable as one or
more of the foregoing offenses.  Notwithstanding  disclosure,
a  person  who  has  been  convicted  of any of the following
offenses  within  the  10  years  previous  to  the  date  of
nomination or appointment shall be ineligible for election or
appointment to a local school council pursuant to subsections
(l) and (m) of this Section: (i)  those  defined  in  Section
401.1,  405.1, or 405.2 of the Illinois Controlled Substances
Act or (ii) any offense committed or attempted in  any  other
state  or  against  the  laws of the United States, which, if
committed  or  attempted  in  this  State,  would  have  been
punishable as one or more of the foregoing offenses.
    Immediately upon election or appointment, incoming  local
school  council  members  shall  be  required  to  undergo  a
criminal  background  investigation, to be completed prior to
the member taking office, using the member's  name,  date  of
birth,  and social security number, if available, in order to
identify  any  criminal  convictions   under   the   offenses
enumerated  in  Section  34-18.5.  The investigation shall be
conducted by the Department  of  State  Police  in  the  same
manner   as   provided   for  in  Section  34-18.5.  However,
notwithstanding Section 34-18.5, the social  security  number
shall  be  provided  only if available. In instances in which
one or more individuals have the same name,  date  of  birth,
and  social  security  number as the member, the member shall
undergo a fingerprint background check. If it  is  determined
at   any   time   that  a  local  school  council  member  or
member-elect has  been  convicted  of  any  of  the  offenses
enumerated in this Section or failed to disclose a conviction
of  any  of  the  offenses enumerated in Section 34-18.5, the
general superintendent shall notify the local school  council
member  or  member-elect  of such determination and the local
school council member or member-elect shall be  removed  from
the  local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
    (g)  At least one week  before  the  election  date,  the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
    (h)  Voting  shall  be  in person by secret ballot at the
attendance center between the hours of  6:00  a.m.  and  7:00
p.m.
    (i)  Candidates  receiving  the  highest  number of votes
shall be declared elected by the Council.  In cases of a tie,
the Council shall determine the winner by lot.
    (j)  The  Council  shall  certify  the  results  of   the
election  and shall publish the results in the minutes of the
Council.
    (k)  The  general  superintendent   shall   resolve   any
disputes  concerning  election procedure or results and shall
ensure that, except as provided in subsections (e)  and  (g),
no  resources  of  any  attendance  center  shall  be used to
endorse or promote any candidate.
    (l)  Beginning with the  1995-1996  school  year  and  in
every  even numbered year thereafter, the Board shall appoint
2 teacher  members  to  each  local  school  council.   These
appointments shall be made in the following manner:
         (i)  The  Board  shall  appoint  2  teachers who are
    employed and assigned to perform the  majority  of  their
    employment  duties  at  the attendance center to serve on
    the local school council of the attendance center  for  a
    two-year  term  coinciding  with the terms of the elected
    parent  and  community  members  of  that  local   school
    council.   These  appointments  shall  be made from among
    those teachers  who  are  nominated  in  accordance  with
    subsection (f).
         (ii)  A  non-binding, advisory poll to ascertain the
    preferences of the school staff regarding appointments of
    teachers to the local school council for that  attendance
    center   shall   be  conducted  in  accordance  with  the
    procedures used to elect  parent  and  community  Council
    representatives.  At such poll, each member of the school
    staff shall be entitled to indicate his or her preference
    for  up  to  2  candidates from among those who submitted
    statements  of  candidacy  as  described  above.    These
    preferences shall be advisory only and  the  Board  shall
    maintain  absolute  discretion to appoint teacher members
    to local school councils, irrespective of the preferences
    expressed in any such poll.
         (iii)  In the event that a teacher representative is
    unable to perform his or her  employment  duties  at  the
    school  due  to  illness,  disability,  leave of absence,
    disciplinary action, or any other reason, the Board shall
    declare a temporary vacancy  and  appoint  a  replacement
    teacher  representative  to  serve  on  the  local school
    council until such time as the teacher member  originally
    appointed pursuant to this subsection (l) resumes service
    at  the  attendance  center  or  for the remainder of the
    term.  The replacement teacher  representative  shall  be
    appointed  in  the same manner and by the same procedures
    as teacher representatives are appointed in  subdivisions
    (i) and (ii) of this subsection (l).
    (m)  Beginning  with  the  1995-1996  school year, and in
every year thereafter, the Board shall  appoint  one  student
member   to   each   secondary   attendance   center.   These
appointments shall be made in the following manner:
         (i)  Appointments shall be  made  from  among  those
    students  who  submit  statements  of  candidacy  to  the
    principal of the attendance center, such statements to be
    submitted  commencing  on  the first day of the twentieth
    week of school and continuing  for  2  weeks  thereafter.
    The form and manner of such candidacy statements shall be
    determined by the Board.
         (ii)  During  the  twenty-second  week  of school in
    every year, the principal of each attendance center shall
    conduct a non-binding, advisory  poll  to  ascertain  the
    preferences   of   the   school  students  regarding  the
    appointment of a student to the local school council  for
    that attendance center.  At such poll, each student shall
    be  entitled  to indicate his or her preference for up to
    one candidate from among those who  submitted  statements
    of   candidacy  as  described  above.   The  Board  shall
    promulgate  rules  to  ensure  that  these   non-binding,
    advisory  polls  are  conducted  in  a fair and equitable
    manner  and  maximize  the  involvement  of  all   school
    students.     The    preferences   expressed   in   these
    non-binding, advisory polls shall be transmitted  by  the
    principal to the Board.  However, these preferences shall
    be  advisory  only  and the Board shall maintain absolute
    discretion to appoint student  members  to  local  school
    councils,  irrespective  of  the preferences expressed in
    any such poll.
         (iii)  For   the   1995-96   school    year    only,
    appointments  shall be made from among those students who
    submitted statements of candidacy to the principal of the
    attendance center during the first 2 weeks of the  school
    year.  The principal shall communicate the results of any
    nonbinding, advisory poll to the  Board.   These  results
    shall  be  advisory  only,  and  the Board shall maintain
    absolute discretion to appoint student members  to  local
    school   councils,   irrespective   of   the  preferences
    expressed in any such poll.
    (n)  The  Board  may  promulgate  such  other  rules  and
regulations  for  election  procedures  as  may   be   deemed
necessary to ensure fair elections.
    (o)  In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the  Council,  to  fill  the  unexpired  term  created by the
vacancy, except that any teacher vacancy shall be  filled  by
the  Board  after  considering  the preferences of the school
staff as ascertained through a non-binding advisory  poll  of
school staff.
    (p)  If  less  than  the  specified  number of persons is
elected within each candidate  category,  the  newly  elected
local  school council shall appoint eligible persons to serve
as members of the Council for two-year terms.
    (q)  The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which  shall
apply to local school council members and which shall require
reports  or  statements  to  be  filed  by Council members at
regular intervals with the Secretary of the  Board.   Failure
to  comply  with  such rules or intentionally falsifying such
reports shall be  grounds  for  disqualification  from  local
school  council  membership.   A  vacancy  on the Council for
disqualification may be so declared by the Secretary  of  the
Board.   Rules regarding conflicts of interest and disclosure
of economic interests promulgated by the Board shall apply to
local school council members.  No less than 45 days prior  to
the   deadline,  the  general  superintendent  shall  provide
notice, by mail, to each local school council member  of  all
requirements  and forms for compliance with economic interest
statements.
    (r) (1)  If a parent member of  a  local  school  council
ceases  to  have  any child enrolled in the attendance center
governed by the Local School Council due to the graduation or
voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local  School  Council
and  all  voting  rights are terminated immediately as of the
date  of  the  child's  graduation  or  voluntary   transfer.
Further,  a  local  school council member may be removed from
the Council by a majority vote of the Council as provided  in
subsection  (c)  of  Section 34-2.2 if the Council member has
missed  3  consecutive  regular   meetings,   not   including
committee  meetings,  or  5  regular  meetings  in a 12 month
period, not including committee meetings. If a parent  member
of  a  local school council ceases to be eligible to serve on
the Council for any other reason, he or she shall be  removed
by the Board subject to a hearing, convened pursuant to Board
rule,  prior to removal. A vote to remove a Council member by
the local school council shall only be valid if  the  Council
member  has  been  notified  personally or by certified mail,
mailed to the person's last known address, of  the  Council's
intent  to  vote  on  the Council member's removal at least 7
days prior to the vote.  The Council member in question shall
have the right to explain his or her  actions  and  shall  be
eligible  to  vote on the question of his or her removal from
the Council.  The provisions  of  this  subsection  shall  be
contained  within  the  petitions  used  to  nominate Council
candidates.
    (2)  A person  may  continue  to  serve  as  a  community
resident  member  of  a local school council as long as he or
she resides in the attendance area served by the  school  and
is  not  employed  by  the Board nor is a parent of a student
enrolled at the  school.   If  a  community  resident  member
ceases  to  be  eligible  to  serve on the Council, he or she
shall be removed by the Board subject to a hearing,  convened
pursuant to Board rule, prior to removal.
    (3)  A  person  may continue to serve as a teacher member
of a local school council as long as he or  she  is  employed
and  assigned  to  perform a majority of his or her duties at
the school,  provided  that  if  the  teacher  representative
resigns   from  employment  with  the  Board  or  voluntarily
transfers to another school, the teacher's membership on  the
local  school  council  and  all voting rights are terminated
immediately as of the date of the  teacher's  resignation  or
upon  the date of the teacher's voluntary transfer to another
school.  If a teacher member of a local school council ceases
to be eligible to serve on a local  school  council  for  any
other  reason,  that  member  shall  be  removed by the Board
subject to a hearing, convened pursuant to Board rule,  prior
to removal.
(Source:  P.A.  90-378,  eff.  8-14-97;  90-590, eff. 1-1-00;
91-622, eff. 8-19-99.)

    (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
    Sec. 34-2.3.  Local school councils - Powers and  duties.
Each local school council shall have and exercise, consistent
with the provisions of this Article and the powers and duties
of the board of education, the following powers and duties:
    1. (A)  To  annually  evaluate  the  performance  of  the
principal  of  the  attendance  center using a Board approved
principal evaluation form, which shall include the evaluation
of (i) student academic improvement, as defined by the school
improvement plan,  (ii)  student  absenteeism  rates  at  the
school,  (iii)  instructional  leadership, (iv) the effective
implementation  of  programs,  policies,  or  strategies   to
improve  student academic achievement, (v) school management,
and (vi) any other  factors  deemed  relevant  by  the  local
school    council,   including,   without   limitation,   the
principal's communication skills and ability  to  create  and
maintain  a student-centered learning environment, to develop
opportunities for professional development, and to  encourage
parental  involvement  and  community partnerships to achieve
school improvement;
    (B)  to determine in the manner  provided  by  subsection
(c)  of  Section  34-2.2  and subdivision 1.5 of this Section
whether the performance contract of the  principal  shall  be
renewed; and
    (C)  to  directly  select,  in  the  manner  provided  by
subsection  (c) of Section 34-2.2, a new principal (including
a new principal to fill a vacancy) -- without submitting  any
list   of   candidates  for  that  position  to  the  general
superintendent as provided in paragraph 2 of this Section  --
to  serve  under a 4 year performance contract; provided that
(i) the determination of whether the principal's  performance
contract is to be renewed, based upon the evaluation required
by  subdivision  1.5  of this Section, shall be made no later
than  150  days  prior  to  the  expiration  of  the  current
performance-based contract of  the  principal,  (ii)  and  in
cases  where  such  performance  contract is not renewed -- a
direct selection of a new principal -- to  serve  under  a  4
year  performance  contract shall be made by the local school
council no later than 45 days prior to the expiration of  the
current performance contract of the principal, and (iii) (ii)
a selection by the local school council of a new principal to
fill  a  vacancy under a 4 year performance contract shall be
made within 90 days after the date such  vacancy  occurs.   A
Council  shall be required, if requested by the principal, to
provide in writing the reasons for the council's not renewing
the principal's contract.
    1.5.  The local school council's determination of whether
to renew the  principal's  contract  shall  be  based  on  an
evaluation  to  assess  the  educational  and  administrative
progress  made  at  the school during the principal's current
performance-based contract.  The local school  council  shall
base  its  evaluation on (i) student academic improvement, as
defined  by  the  school  improvement  plan,   (ii)   student
absenteeism   rates   at   the  school,  (iii)  instructional
leadership, (iv) the effective  implementation  of  programs,
policies,   or   strategies   to   improve  student  academic
achievement,  (v)  school  management,  and  (vi)  any  other
factors  deemed  relevant  by  the  local   school   council,
including,  without limitation, the principal's communication
skills and ability to create and maintain a  student-centered
learning    environment,   to   develop   opportunities   for
professional   development,   and   to   encourage   parental
involvement and  community  partnerships  to  achieve  school
improvement.   If  a  local school council fails to renew the
performance contract of a  principal  rated  by  the  general
superintendent,  or  his  or  her  designee,  in the previous
years' evaluations as meeting or exceeding expectations,  the
principal,  within  15  days after the local school council's
decision not to renew the contract, may request a  review  of
the  local  school council's principal non-retention decision
by a hearing officer appointed by  the  American  Arbitration
Association.  A local school council member or members or the
general  superintendent  may  support the principal's request
for review. During the period of the hearing officer's review
of the local school council's decision on whether or  not  to
retain the principal, the local school council shall maintain
all  authority  to  search  for and contract with a person to
serve as interim or acting principal, or as the principal  of
the  attendance  center  under a 4-year performance contract,
provided that any performance contract entered  into  by  the
local  school  council  shall  be  voidable  or  modified  in
accordance  with  the  decision  of  the hearing officer. The
principal  may  request  review  only  once  while  at   that
attendance  center.   If  a  local  school council renews the
contract of a principal who failed  to  obtain  a  rating  of
"meets"    or   "exceeds   expectations"   in   the   general
superintendent's evaluation for the previous  year,  a  local
school   council   member   or   members   or   the   general
superintendent,   within  15  days  after  the  local  school
council's decision to  renew  the  contract,  may  request  a
review  of  the  local  school  council's principal retention
decision by a  hearing  officer  appointed  by  the  American
Arbitration  Association.  The local school council member or
members or the general superintendent may  request  a  review
only  once for that principal at that attendance center.  All
requests to  review  the  retention  or  non-retention  of  a
principal  shall  be submitted to the general superintendent,
who shall, in turn, forward such requests, within 14 days  of
receipt, to the American Arbitration Association. The general
superintendent  shall  send  a  contemporaneous  copy  of the
request  that  was  forwarded  to  the  American  Arbitration
Association to the principal and to each local school council
member and shall inform  the  local  school  council  of  its
rights  and  responsibilities  under the arbitration process,
including the local school council's right to  representation
and  the  manner and process by which the Board shall pay the
costs of the council's representation. If  the  local  school
council  retains the principal and the general superintendent
requests a review of the retention decision, the local school
council principal and the  general  superintendent  shall  be
considered  adversarial  parties  to  the  arbitration, and a
hearing officer shall  be  chosen  between  those  2  parties
pursuant  to  procedures  promulgated  by  the State Board of
Education,  and  the  principal  may   retain   counsel   and
participate  in the arbitration as described in Section 34-85
of this  Code.  If  the  local  school  council  retains  the
principal and a member or members of the local school council
requests  a review of the principal's contract, the principal
and the local school council shall be considered  adversarial
parties and a hearing officer shall be chosen between those 2
parties  as  described in Section 34-85 of this Code.  If the
local school council does not retain the  principal  and  the
principal  requests  a  review of the retention decision, the
local school council and the principal  shall  be  considered
adversarial  parties to the arbitration and a hearing officer
shall  be  chosen  between  those  2  parties   pursuant   to
procedures promulgated by the State Board of Education in the
manner  described  in Section 34-85 of this Code. The hearing
shall begin (i) within 45 days after the initial request  for
review   is   submitted  by  the  principal  to  the  general
superintendent or (ii) if the initial request for  review  is
made by the general superintendent, within 45 days after that
request  is  mailed  to the American Arbitration Association.
The hearing officer shall render a decision  within  45  days
after the hearing begins and within 90 days after the initial
request  for  review.  The  Board  shall  contract  with  the
American  Arbitration  Association  for  all  of  the hearing
officer's reasonable and necessary costs.  In  addition,  the
Board  shall  pay  any  reasonable  costs incurred by a local
school council for representation before a hearing officer.
    1.10.  The hearing officer shall conduct a hearing, which
shall include (i) a review of  the  principal's  performance,
evaluations, and other evidence of the principal's service at
the school, (ii) reasons provided by the local school council
for its decision, and (iii) documentation evidencing views of
interested  persons, including, without limitation, students,
parents, local school council  members,  school  faculty  and
staff,  the  principal,  the general superintendent or his or
her designee, and members of the  community.  The  burden  of
proof   in  establishing  that  the  local  school  council's
decision was arbitrary and capricious shall be on  the  party
requesting  the arbitration, and this party shall sustain the
burden by  a  preponderance  of  the  evidence.  The  hearing
officer  shall set the local school council decision aside if
that decision, in  light  of  the  record  developed  at  the
hearing,  is  arbitrary  and capricious.  The decision of the
hearing officer may not be appealed to the Board or the State
Board of Education.  If the hearing officer decides that  the
principal  shall  be retained, the retention period shall not
exceed 2 years.
    2.  In the event (i) the local school  council  does  not
renew  the  performance  contract  of  the  principal, or the
principal fails to receive a satisfactory rating as  provided
in  subsection  (h)  of  Section  34-8.3, or the principal is
removed for cause during the term of his or  her  performance
contract  in  the  manner  provided  by  Section  34-85, or a
vacancy in the position of principal otherwise  occurs  prior
to  the  expiration  of the term of a principal's performance
contract, and (ii) the local school council fails to directly
select a new principal to serve under a  4  year  performance
contract, the local school council in such event shall submit
to  the  general  superintendent  a  list  of 3 candidates --
listed in the local school council's order of  preference  --
for the position of principal, one of which shall be selected
by  the  general  superintendent to serve as principal of the
attendance center.  If the general  superintendent  fails  or
refuses  to select one of the candidates on the list to serve
as principal within 30 days after being  furnished  with  the
candidate  list,  the general superintendent shall select and
place a principal on an interim basis (i) for a period not to
exceed one year  or  (ii)  until  the  local  school  council
selects  a new principal with 7 affirmative votes as provided
in subsection (c) of Section 34-2.2, whichever occurs  first.
If  the  local  school council fails or refuses to select and
appoint a new principal, as specified by  subsection  (c)  of
Section  34-2.2,  the  general  superintendent may select and
appoint a new principal on an interim basis for an additional
year or until a new contract principal  is  selected  by  the
local  school  council.   There shall be no discrimination on
the basis of race, sex, creed, color or disability  unrelated
to  ability  to  perform in connection with the submission of
candidates for, and the selection of a candidate to serve  as
principal  of  an  attendance  center.   No  person  shall be
directly selected, listed as a candidate for, or selected  to
serve as principal of an attendance center (i) if such person
has  been  removed  for cause from employment by the Board or
(ii) if such person does  not  hold  a  valid  administrative
certificate issued or exchanged under Article 21 and endorsed
as required by that Article for the position of principal.  A
principal  whose  performance  contract  is  not  renewed  as
provided   under   subsection   (c)  of  Section  34-2.2  may
nevertheless, if otherwise qualified and certified as  herein
provided  and if he or she has received a satisfactory rating
as provided in subsection (h) of Section 34-8.3, be  included
by  a  local school council as one of the 3 candidates listed
in order of preference on any candidate list from  which  one
person  is  to  be  selected  to  serve  as  principal of the
attendance center under  a  new  performance  contract.   The
initial  candidate  list  required to be submitted by a local
school council to the general superintendent in  cases  where
the  local  school  council  does  not  renew the performance
contract of its principal and does not directly select a  new
principal  to serve under a 4 year performance contract shall
be submitted not later than 30 days prior to  the  expiration
of  the  current  performance  contract.   In cases where the
local school council fails or refuses to submit the candidate
list to the general superintendent  no  later  than  30  days
prior   to   the  expiration  of  the  incumbent  principal's
contract, the general superintendent may appoint a  principal
on  an  interim  basis  for  a period not to exceed one year,
during which time the local school council shall be  able  to
select  a  new principal with 7 affirmative votes as provided
in subsection (c)  of  Section  34-2.2.   In  cases  where  a
principal  is removed for cause or a vacancy otherwise occurs
in the position of principal and the vacancy is not filled by
direct selection by the local school council,  the  candidate
list  shall  be  submitted by the local school council to the
general superintendent within 90 days  after  the  date  such
removal  or  vacancy  occurs. In cases where the local school
council fails or refuses to submit the candidate list to  the
general  superintendent  within 90 days after the date of the
vacancy, the general superintendent may appoint  a  principal
on  an  interim  basis for a period of one year, during which
time the local school council shall be able to select  a  new
principal  with 7 affirmative votes as provided in subsection
(c) of Section 34-2.2.
    2.5.  Whenever a vacancy in the  office  of  a  principal
occurs  for  any  reason,  the vacancy shall be filled in the
manner provided by this Section by the  selection  of  a  new
principal to serve under a 4 year performance contract.
    3.  To  establish  additional  criteria to be included as
part of the performance contract of its  principal,  provided
that  such  additional criteria shall not discriminate on the
basis of race, sex, creed, color or disability  unrelated  to
ability  to  perform,  and shall not be inconsistent with the
uniform 4 year performance contract for principals  developed
by the board as provided in Section 34-8.1 of the School Code
or  with  other  provisions  of  this  Article  governing the
authority and responsibility of principals.
    4.  To approve  the  expenditure  plan  prepared  by  the
principal with respect to all funds allocated and distributed
to  the attendance center by the Board.  The expenditure plan
shall be administered by the principal.  Notwithstanding  any
other provision of this Act or any other law, any expenditure
plan  approved  and  administered  under  this Section 34-2.3
shall be consistent with and subject  to  the  terms  of  any
contract  for services with a third party entered into by the
Chicago School Reform Board of Trustees or  the  board  under
this Act.
    Via a supermajority vote of 7 members of the local school
council  or  8 members of a high school local school council,
the Council may  transfer  allocations  pursuant  to  Section
34-2.3  within  funds;  provided  that  such  a  transfer  is
consistent  with  applicable  law  and  collective bargaining
agreements.
    Beginning in fiscal year 1991 and  in  each  fiscal  year
thereafter,  the  Board  may  reserve  up  to 1% of its total
fiscal year budget for distribution on a prioritized basis to
schools throughout the  school  system  in  order  to  assure
adequate  programs  to  meet  the  needs  of  special student
populations as determined by the  Board.   This  distribution
shall   take   into  account  the  needs  catalogued  in  the
Systemwide Plan and  the  various  local  school  improvement
plans  of the local school councils.  Information about these
centrally funded programs shall be distributed to  the  local
school   councils  so  that  their  subsequent  planning  and
programming will account for these provisions.
    Beginning in fiscal year 1991 and  in  each  fiscal  year
thereafter,  from  other  amounts available in the applicable
fiscal year budget, the  board  shall  allocate  a  lump  sum
amount  to  each  local school based upon such formula as the
board shall determine taking into account the  special  needs
of  the  student  body.   The  local  school  principal shall
develop an expenditure plan in consultation  with  the  local
school council, the professional personnel advisory committee
and  with  all  other  school  personnel,  which reflects the
priorities and activities as described in the school's  local
school improvement plan and is consistent with applicable law
and  collective bargaining agreements and with board policies
and standards; however, the local school council  shall  have
the  right  to request waivers of board policy from the board
of education and waivers of  employee  collective  bargaining
agreements pursuant to Section 34-8.1a.
    The  expenditure  plan  developed  by  the principal with
respect to amounts available from the  fund  for  prioritized
special needs programs and the allocated lump sum amount must
be approved by the local school council.
    The  lump  sum  allocation  shall  take  into account the
following principles:
         a.  Teachers: Each school shall be  allocated  funds
    equal  to  the amount appropriated in the previous school
    year  for  compensation  for  teachers  (regular   grades
    kindergarten  through 12th grade) plus whatever increases
    in compensation have  been  negotiated  contractually  or
    through   longevity   as   provided   in  the  negotiated
    agreement.  Adjustments shall be made due  to  layoff  or
    reduction  in  force,  lack  of  funds or work, change in
    subject requirements, enrollment  changes,  or  contracts
    with  third parties for the performance of services or to
    rectify any inconsistencies with  system-wide  allocation
    formulas or for other legitimate reasons.
         b.  Other   personnel:   Funds   for  other  teacher
    certificated and uncertificated  personnel  paid  through
    non-categorical  funds  shall  be  provided  according to
    system-wide formulas based on student enrollment and  the
    special needs of the school as determined by the Board.
         c.  Non-compensation  items:  Appropriations for all
    non-compensation items  shall  be  based  on  system-wide
    formulas  based  on student enrollment and on the special
    needs of the school or factors related  to  the  physical
    plant,  including but not limited to textbooks, supplies,
    electricity, equipment, and routine maintenance.
         d.  Funds for categorical  programs:  Schools  shall
    receive  personnel and funds based on, and shall use such
    personnel and funds in accordance with State and  Federal
    requirements   applicable  to  each  categorical  program
    provided to meet the special needs of  the  student  body
    (including   but  not  limited  to,  Federal  Chapter  I,
    Bilingual, and Special Education).
         d.1.  Funds for State Title I:   Each  school  shall
    receive  funds  based  on  State  and  Board requirements
    applicable to each State Title I pupil provided  to  meet
    the special needs of the student body.  Each school shall
    receive  the  proportion  of funds as provided in Section
    18-8 to which they are entitled.  These  funds  shall  be
    spent  only  with  the  budgetary  approval  of the Local
    School Council as provided in Section 34-2.3.
         e.  The Local School Council shall have the right to
    request the principal to close  positions  and  open  new
    ones  consistent  with the provisions of the local school
    improvement  plan  provided  that  these  decisions   are
    consistent  with applicable law and collective bargaining
    agreements.  If a position is closed,  pursuant  to  this
    paragraph,  the  local  school shall have for its use the
    system-wide average compensation for the closed position.
         f.  Operating within existing  laws  and  collective
    bargaining  agreements,  the  local  school council shall
    have  the  right  to  direct  the  principal   to   shift
    expenditures within funds.
         g.  (Blank).
    Any  funds unexpended at the end of the fiscal year shall
be available to the board of education for use as part of its
budget for the following fiscal year.
    5.  To make recommendations to the  principal  concerning
textbook   selection   and  concerning  curriculum  developed
pursuant to the school improvement plan which  is  consistent
with  systemwide  curriculum  objectives  in  accordance with
Sections 34-8 and 34-18 of the School Code and in  conformity
with the collective bargaining agreement.
    6.  To advise the principal concerning the attendance and
disciplinary  policies  for the attendance center, subject to
the provisions of this Article and Article 26, and consistent
with the uniform system  of  discipline  established  by  the
board pursuant to Section 34-19.
    7.  To  approve  a  school  improvement plan developed as
provided in Section 34-2.4. The process and schedule for plan
development  shall  be  publicized  to  the   entire   school
community,   and   the   community   shall  be  afforded  the
opportunity to make recommendations concerning the plan.   At
least  twice  a  year  the principal and local school council
shall report publicly on progress and problems  with  respect
to plan implementation.
    8.  To  evaluate the allocation of teaching resources and
other certificated and uncertificated staff to the attendance
center to determine whether  such  allocation  is  consistent
with  and  in  furtherance  of  instructional  objectives and
school programs reflective of  the  school  improvement  plan
adopted    for   the   attendance   center;   and   to   make
recommendations to the board, the general superintendent  and
the   principal   concerning  any  reallocation  of  teaching
resources or other staff whenever the council determines that
any   such   reallocation   is   appropriate   because    the
qualifications of any existing staff at the attendance center
do  not  adequately match or support instructional objectives
or school programs which reflect the school improvement plan.
    9.  To make recommendations  to  the  principal  and  the
general    superintendent    concerning    their   respective
appointments, after  August  31,  1989,  and  in  the  manner
provided  by  Section  34-8 and Section 34-8.1, of persons to
fill any vacant, additional or newly  created  positions  for
teachers  at  the  attendance center or at attendance centers
which include the  attendance  center  served  by  the  local
school council.
    10.  To request of the Board the manner in which training
and assistance shall be provided to the local school council.
Pursuant  to  Board  guidelines  a  local  school  council is
authorized to direct the Board of Education to contract  with
personnel or not-for-profit organizations not associated with
the  school  district to train or assist council members.  If
training or assistance is provided by contract with personnel
or organizations not associated with the school district, the
period of training or assistance shall not  exceed  30  hours
during a given school year; person shall not be employed on a
continuous  basis  longer than said period and shall not have
been employed by the Chicago Board of  Education  within  the
preceding six months.  Council members shall receive training
in at least the following areas:
         1.  school budgets;
         2.  educational  theory  pertinent to the attendance
    center's particular needs, including the  development  of
    the   school   improvement   plan   and  the  principal's
    performance contract; and
         3.  personnel selection.
Council members  shall,  to  the  greatest  extent  possible,
complete such training within 90 days of election.
    11.  In  accordance  with systemwide guidelines contained
in the System-Wide Educational Reform  Goals  and  Objectives
Plan,   criteria  for  evaluation  of  performance  shall  be
established  for  local  school  councils  and  local  school
council members.  If  a  local  school  council  persists  in
noncompliance  with  systemwide  requirements,  the Board may
impose  sanctions  and  take  necessary  corrective   action,
consistent with Section 34-8.3.
    12.  Each local school council shall comply with the Open
Meetings  Act and the Freedom of Information Act.  Each local
school  council  shall  issue  and  transmit  to  its  school
community  a  detailed  annual  report  accounting  for   its
activities  programmatically  and  financially.   Each  local
school  council  shall  convene  at  least  2 well-publicized
meetings annually with its entire  school  community.   These
meetings  shall  include  presentation  of the proposed local
school improvement plan, of the proposed  school  expenditure
plan, and the annual report, and shall provide an opportunity
for public comment.
    13.  Each  local  school council is encouraged to involve
additional non-voting members  of  the  school  community  in
facilitating the council's exercise of its responsibilities.
    14.  The  local school council may adopt a school uniform
or dress code policy that governs the attendance  center  and
that is necessary to maintain the orderly process of a school
function or prevent endangerment of student health or safety,
consistent  with  the  policies  and  rules  of  the Board of
Education. A school uniform or dress code policy adopted by a
local school council: (i) shall not be applied in such manner
as to discipline or deny attendance to a transfer student  or
any  other  student for noncompliance with that policy during
such period of time as is reasonably necessary to enable  the
student  to acquire a school uniform or otherwise comply with
the dress code policy that is in  effect  at  the  attendance
center  into  which  the student's enrollment is transferred;
and (ii) shall include criteria and procedures under    which
the  local  school  council  will accommodate the needs of or
otherwise provide appropriate resources to assist  a  student
from  an  indigent  family  in  complying  with an applicable
school uniform or dress code policy. A student whose  parents
or  legal  guardians  object  on  religious  grounds  to  the
student's  compliance  with  an  applicable school uniform or
dress code policy shall not be required to comply  with  that
policy if the student's parents or legal guardians present to
the  local  school  council  a  signed statement of objection
detailing the grounds for the objection.
    15.  All decisions made and actions taken  by  the  local
school council in the exercise of its powers and duties shall
comply with State and federal laws, all applicable collective
bargaining   agreements,  court  orders  and  rules  properly
promulgated by the Board.
    15a.  To  grant,  in  accordance  with  board  rules  and
policies, the use of assembly halls and classrooms  when  not
otherwise  needed,  including lighting, heat, and attendants,
for public lectures,  concerts,  and  other  educational  and
social activities.
    15b.  To  approve,  in  accordance  with  board rules and
policies, receipts and expenditures for all internal accounts
of the attendance center, and  to  approve  all  fund-raising
activities  by  nonschool  organizations  that use the school
building.
    16.  (Blank).
    17.  Names and addresses of local school council  members
shall be a matter of public record.
(Source: P.A. 90-14, eff. 7-1-97; 91-622, eff. 8-19-99.)

    (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
    Sec. 34-8.1.  Principals. Principals shall be employed to
supervise  the  operation  of  each attendance center.  Their
powers and duties shall include but not  be  limited  to  the
authority  (i)  to  direct,  supervise, evaluate, and suspend
with or without pay or  otherwise  discipline  all  teachers,
assistant  principals,  and  other  employees assigned to the
attendance center in accordance with board rules and policies
and  (ii)  to  direct  all  other  persons  assigned  to  the

attendance center pursuant to a contract with a  third  party
to  provide  services  to  the  school  system.  The right to
employ, discharge, and layoff shall be vested solely with the
board.  The principal shall fill positions by appointment  as
provided  in this Section and may make recommendations to the
board regarding the employment, discharge, or layoff  of  any
individual.  The authority of the principal shall include the
authority  to  direct  the  hours during which the attendance
center shall be open and available for use provided  the  use
complies with board rules and policies, to determine when and
what operations shall be conducted within those hours, and to
schedule  staff  within  those hours. Under the direction of,
and subject to the authority of the principal,  the  Engineer
In  Charge  shall  be  accountable  for  the safe, economical
operation  of  the  plant  and  grounds  and  shall  also  be
responsible for orientation, training,  and  supervising  the
work  of  Engineers, Trainees, school maintenance assistants,
custodial workers and other plant operation  employees  under
his or her direction.
    There  shall  be  established  by  the  board a system of
semi-annual evaluations conducted  by  the  principal  as  to
performance  of  the  engineer  in  charge.   Nothing in this
Section  shall  prevent   the   principal   from   conducting
additional  evaluations.   An overall  numerical rating shall
be given by the principal based on the  evaluation  conducted
by  the  principal.  An unsatisfactory numerical rating shall
result in disciplinary action,  which  may  include,  without
limitation  and  in  the  judgment  of the principal, loss of
promotion or bidding procedure, reprimand, suspension with or
without pay,  or  recommended  dismissal.   The  board  shall
establish   procedures  for  conducting  the  evaluation  and
reporting the results to the engineer in charge.
    Under the direction of, and subject to the authority  of,
the principal, the Food Service Manager is responsible at all
times  for  the proper operation and maintenance of the lunch
room to which he is assigned and shall  also  be  responsible
for  the  orientation,  training, and supervising the work of
cooks, bakers, porters, and lunchroom attendants under his or
her direction.
    There shall be established  by  the  Board  a  system  of
semi-annual  evaluations conducted by the principal as to the
performance of the food  service  manager.  Nothing  in  this
Section   shall   prevent   the   principal  from  conducting
additional evaluations. An overall numerical rating shall  be
given  by  the principal based on the evaluation conducted by
the principal.   An  unsatisfactory  numerical  rating  shall
result  in  disciplinary  action  which  may include, without
limitation and in the judgment  of  the  principal,  loss  of
promotion or bidding procedure, reprimand, suspension with or
without  pay,  or  recommended  dismissal.   The  board shall
establish rules for conducting the evaluation  and  reporting
the results to the food service manager.
    Nothing  in  this Section shall be interpreted to require
the employment or assignment of an  Engineer-In-Charge  or  a
Food Service Manager for each attendance center.
    Principals shall be employed to supervise the educational
operation of each attendance center. If a principal is absent
due  to  extended  illness  or leave or absence, an assistant
principal may be assigned as acting principal  for  a  period
not  to  exceed  100 school days. Each principal shall assume
administrative responsibility and  instructional  leadership,
in  accordance  with  reasonable rules and regulations of the
board, for the planning,  operation  and  evaluation  of  the
educational  program  of the attendance center to which he is
assigned. The principal shall submit recommendations  to  the
general superintendent concerning the appointment, dismissal,
retention,   promotion,   and  assignment  of  all  personnel
assigned to the attendance center; provided,  that  from  and
after  September  1,  1989:  (i)  if  any vacancy occurs in a
position at the attendance center or if an additional or  new
position  is  created at the attendance center, that position
shall be filled by  appointment  made  by  the  principal  in
accordance  with  procedures  established and provided by the
Board whenever the majority of the duties  included  in  that
position  are  to be performed at the attendance center which
is  under  the  principal's  supervision,   and   each   such
appointment  so made by the principal shall be made and based
upon merit and ability to perform in  that  position  without
regard to seniority or length of service, provided, that such
appointments  shall  be  subject to the Board's desegregation
obligations, including but not limited to the Consent  Decree
and Desegregation Plan in U.S. v. Chicago Board of Education;
(ii)  the  principal  shall submit recommendations based upon
merit and ability to  perform  in  the  particular  position,
without  regard  to  seniority  or  length of service, to the
general superintendent  concerning  the  appointment  of  any
teacher, teacher aide, counselor, clerk, hall guard, security
guard  and  any  other  personnel  which is to be made by the
general superintendent whenever less than a majority  of  the
duties  of that teacher, teacher aide, counselor, clerk, hall
guard, and security guard and any other personnel are  to  be
performed  at  the  attendance  center  which  is  under  the
principal's  supervision;  and  (iii)  subject to law and the
applicable collective bargaining  agreements,  the  authority
and  responsibilities  of  a  principal  with  respect to the
evaluation of all teachers and other personnel assigned to an
attendance center shall commence immediately upon his or  her
appointment  as  principal  of the attendance center, without
regard to the length of time that he  or  she  has  been  the
principal of that attendance center.
    Notwithstanding  the  existence  of any other law of this
State, nothing in this  Act  shall  prevent  the  board  from
entering  into  a  contract  with  a third party for services
currently  performed  by  any  employee  or  bargaining  unit
member.
    Notwithstanding any other provision of this Article, each
principal may approve contracts, binding on the board, in the
amount of no more than $10,000, if the contract  is  endorsed
by the Local School Council.
    Unless  otherwise  prohibited  by  law  or by rule of the
board, the principal shall provide to  local  school  council
members copies of all internal audits and any other pertinent
information  generated  by  any  audits  or  reviews  of  the
programs and operation of the attendance center.
    Each   principal   shall   hold  a  valid  administrative
certificate issued or exchanged in accordance with Article 21
and endorsed as required by that Article for the position  of
principal.  The  board  may  establish  or  impose  academic,
educational,  examination,  and  experience  requirements and
criteria that  are  in  addition  to  those  established  and
required  by  Article  21 for issuance of a valid certificate
endorsed for the position of principal as a condition of  the
nomination,  selection, appointment, employment, or continued
employment of a person as principal of any attendance center,
or  as  a  condition  of  the  renewal  of  any   principal's
performance contract.
    The board shall specify in its formal job description for
principals,  and from and after July 1, 1990 shall specify in
the 4 year performance contracts for use with respect to  all
principals,  that his or her primary responsibility is in the
improvement of instruction.  A majority of the time spent  by
a   principal   shall   be  spent  on  curriculum  and  staff
development through  both  formal  and  informal  activities,
establishing  clear  lines  of communication regarding school
goals, accomplishments, practices and policies  with  parents
and  teachers.    The  principal,  with the assistance of the
local school council, shall develop a school improvement plan
as provided in Section 34-2.4 and, upon approval of the  plan
by  the  local  school  council,  shall  be  responsible  for
directing implementation of the plan. The principal, with the
assistance  of the Professional Personnel Advisory Committee,
shall develop  the  specific  methods  and  contents  of  the
school's curriculum within the board's system-wide curriculum
standards  and  objectives and the requirements of the school
improvement plan. The board shall ensure that all  principals
are  evaluated  on their instructional leadership ability and
their ability to maintain a positive education  and  learning
climate.    It  shall  also  be  the  responsibility  of  the
principal to utilize  resources  of  proper  law  enforcement
agencies when the safety and welfare of students and teachers
are  threatened  by  illegal  use  of  drugs  and alcohol, by
illegal use or possession of  weapons,  or  by  illegal  gang
activity.
    On  or before October 1, 1989, the Board of Education, in
consultation with any professional organization  representing
principals  in  the  district,  shall  promulgate  rules  and
implement  a lottery for the purpose of determining whether a
principal's  existing  performance  contract  (including  the
performance contract applicable to any  principal's  position
in  which  a vacancy then exists) expires on June 30, 1990 or
on June 30, 1991, and whether the ensuing 4 year  performance
contract begins on July 1, 1990 or July 1, 1991. The Board of
Education  shall  establish  and  conduct the lottery in such
manner that of all the performance  contracts  of  principals
(including   the  performance  contracts  applicable  to  all
principal positions in which a vacancy then exists),  50%  of
such  contracts  shall expire on June 30, 1990, and 50% shall
expire on June 30, 1991. All persons serving as principal  on
May 1, 1989, and all persons appointed as principal after May
1,  1989  and  prior  to  July  1, 1990 or July 1, 1991, in a
manner other than as provided by  Section  34-2.3,  shall  be
deemed  by operation of law to be serving under a performance
contract which expires on June 30, 1990 or June 30, 1991; and
unless such performance contract of  any  such  principal  is
renewed  (or  such  person  is  again  appointed  to serve as
principal) in  the  manner  provided  by  Section  34-2.2  or
34-2.3,  the  employment  of  such  person as principal shall
terminate on June 30, 1990 or June 30, 1991.
    Commencing on July 1, 1990,  or  on  July  1,  1991,  and
thereafter,  the principal of each attendance center shall be
the person selected in the manner provided by Section  34-2.3
to  serve  as  principal  of that attendance center under a 4
year performance  contract.   All  performance  contracts  of
principals  expiring  after  July  1,  1990, or July 1, 1991,
shall commence on the date specified in the contract, and the
renewal of their performance contracts and the appointment of
principals when their performance contracts are  not  renewed
shall  be governed by Sections 34-2.2 and 34-2.3.  Whenever a
vacancy in the office of a principal occurs for  any  reason,
the  vacancy  shall  be  filled  by  the  selection  of a new
principal to serve under a 4 year performance contract in the
manner provided by Section 34-2.3.
    The board of education  shall  develop  and  prepare,  in
consultation with the organization representing principals, a
4  year  performance  contract  for  use  at  all  attendance
centers,  and  shall  furnish  the  same to each local school
council.  The term of the performance  contract  shall  be  4
years,  unless the principal is retained by the decision of a
hearing  officer  pursuant  to  subdivision  1.5  of  Section
34-2.3, in which case the contract shall be  extended  for  2
years.   The  contract's  4-year  term may be modified by the
board pursuant to the principal retention  review  provisions
of   Section   34-2.3.   The  performance  contract  of  each
principal shall consist of the uniform performance  contract,
as  developed or from time to time modified by the board, and
such additional criteria as are established by a local school
council  pursuant  to  Section  34-2.3  for  the  performance
contract of its principal.
    During the term of his or  her  performance  contract,  a
principal  may  be  removed  only  as  provided  for  in  the
performance  contract except for cause.  He or she shall also
be obliged to follow the rules  of  the  board  of  education
concerning conduct and efficiency.
    In  the  event the performance contract of a principal is
not renewed or a principal is not  reappointed  as  principal
under a new performance contract, or in the event a principal
is  appointed  to  any  position  of superintendent or higher
position, or voluntarily resigns his position  of  principal,
his or her employment as a principal shall terminate and such
former principal shall not be reinstated to the position from
which  he or she was promoted to principal, except that he or
she, if otherwise qualified and certified in accordance  with
Article  21,  shall  be  placed  by  the board on appropriate
eligibility lists which it prepares for use in the filling of
vacant or additional or newly created positions for teachers.
The principal's total years of service to the board as both a
teacher and a principal, or in other professional capacities,
shall be used in calculating years of experience for purposes
of being selected as a teacher into new, additional or vacant
positions.
    In the event the performance contract of a  principal  is
not  renewed  or  a principal is not reappointed as principal
under a new performance contract,  such  principal  shall  be
eligible  to  continue  to  receive  his  or  her  previously
provided  level  of health insurance benefits for a period of
90 days following the  non-renewal  of  the  contract  at  no
expense  to  the  principal, provided that such principal has
not retired.
(Source: P.A. 91-622, eff. 8-19-99.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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