103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4272

 

Introduced 1/16/2024, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/34-2.4b  from Ch. 122, par. 34-2.4b
105 ILCS 5/34-8.3  from Ch. 122, par. 34-8.3

    Amends the Chicago School District Article of the School Code. Provides that a limitation upon the applicability of certain provisions in the Code concerning local school councils does not apply to specified schools. In provisions concerning the remediation and probation of attendance centers, deletes provisions regarding the actions that may be taken by the general superintendent if a school is placed on probation and fails to make adequate progress in correcting deficiencies. Effective immediately.


LRB103 35855 RJT 65940 b

 

 

A BILL FOR

 

HB4272LRB103 35855 RJT 65940 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 Sections
534-2.4b and 34-8.3 as follows:
 
6    (105 ILCS 5/34-2.4b)  (from Ch. 122, par. 34-2.4b)
7    Sec. 34-2.4b. Limitation upon applicability.
8    (a) Beginning with the first local school council election
9that occurs after the effective date of this amendatory Act of
10the 102nd General Assembly, the provisions of Sections 34-2.1,
1134-2.2, 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 and those
12provisions of paragraph 1 of Section 34-18 and paragraph (c)
13of Section 34A-201a relating to the allocation or application -
14- by formula or otherwise -- of lump sum amounts and other
15funds to attendance centers shall not apply to the Cook County
16Juvenile Detention Center and Cook County Jail schools, nor to
17the district's alternative schools for pregnant girls, nor to
18alternative schools established under Article 13A, nor to a
19contract school, nor to the Michael R. Durso School, the
20Jackson Adult Center, the Hillard Adult Center, the
21Alternative Transitional School, or any other attendance
22center designated by the Board as an alternative school, nor
23to any school established as a teacher training academy other

 

 

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1than the schools listed in subsection (b), nor to any school
2with a specialty 2-year programming model, nor to any school
3established as a one-year school or program, nor to any school
4with a specialty student focus or transient student
5population, provided that the designation is not applied to an
6attendance center that has in place a legally constituted
7local school council, except for contract turnaround schools.
8The board of education shall have and exercise with respect to
9those schools and with respect to the conduct, operation,
10affairs and budgets of those schools, and with respect to the
11principals, teachers and other school staff there employed,
12the same powers which are exercisable by local school councils
13with respect to the other attendance centers, principals,
14teachers and school staff within the district, together with
15all powers and duties generally exercisable by the board of
16education with respect to all attendance centers within the
17district. The board of education shall develop appropriate
18alternative methods for involving parents, community members
19and school staff to the maximum extent possible in all of the
20activities of those schools, and may delegate to the parents,
21community members and school staff so involved the same powers
22which are exercisable by local school councils with respect to
23other attendance centers.
24    (b) The following schools are not exempted from the
25provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a,
2634-2.4, and 34-8.3 those provisions of paragraph (1) of

 

 

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1Section 34-18 and paragraph (c) of Section 34A-201a relating
2to the allocation or application of lump sum amounts to
3attendance centers under subsection (a):
4        (1) Ariel Community Academy.
5        (2) Chicago Academy Elementary School.
6        (3) Chicago Academy High School.
7        (4) Collins Academy High School.
8        (5) Lindblom Math and Science Academy.
9        (6) National Teachers Academy.
10        (7) Eric Solorio Academy High School.
11        (8) Tarkington School of Excellence.
12(Source: P.A. 102-677, eff. 12-3-21.)
 
13    (105 ILCS 5/34-8.3)  (from Ch. 122, par. 34-8.3)
14    Sec. 34-8.3. Remediation and probation of attendance
15centers.
16    (a) The general superintendent shall monitor the
17performance of the attendance centers within the district and
18shall identify attendance centers, pursuant to criteria that
19the board shall establish, in which:
20        (1) there is a failure to develop, implement, or
21    comply with a school improvement plan;
22        (2) there is a pervasive breakdown in the educational
23    program as indicated by factors, including, but not
24    limited to, the absence of improvement in student reading
25    and math achievement scores, an increased drop-out rate, a

 

 

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1    decreased graduation rate, and a decrease in rate of
2    student attendance;
3        (3) (blank); or
4        (4) there is a failure or refusal to comply with the
5    provisions of this Act, other applicable laws, collective
6    bargaining agreements, court orders, or with Board rules
7    which the Board is authorized to promulgate.
8    (b) If the general superintendent identifies a
9nonperforming school as described herein, he or she shall
10place the attendance center on remediation by developing a
11remediation plan for the center. The purpose of the
12remediation plan shall be to correct the deficiencies in the
13performance of the attendance center by one or more of the
14following methods:
15        (1) drafting a new school improvement plan;
16        (2) applying to the board for additional funding for
17    training for the local school council;
18        (3) directing implementation of a school improvement
19    plan;
20        (4) mediating disputes or other obstacles to reform or
21    improvement at the attendance center.
22    Nothing in this Section removes any authority of the local
23school council, which shall retain the right to reject or
24modify any school improvement plan or implementation thereof,
25as long as the rejection or modification of any school
26improvement plan or implementation thereof is consistent with

 

 

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1State and federal requirements.
2    If, however, the general superintendent determines that
3the problems are not able to be remediated by these methods,
4the general superintendent shall place the attendance center
5on probation. The board shall establish guidelines that
6determine the factors for placing an attendance center on
7probation.
8    (c) Each school placed on probation shall have a school
9improvement plan and school budget for correcting deficiencies
10identified by the board. The plan shall include specific steps
11that the local school council and school staff must take to
12correct identified deficiencies and specific objective
13criteria by which the school's subsequent progress will be
14determined. The school budget shall include specific
15expenditures directly calculated to correct educational and
16operational deficiencies identified at the school by the
17probation team.
18    (d) (Blank). Schools placed on probation that, after a
19maximum of one year, fail to make adequate progress in
20correcting deficiencies are subject to the following actions
21by the general superintendent with the approval of the board,
22after opportunity for a hearing:
23        (1) Ordering new local school council elections.
24        (2) Removing and replacing the principal.
25        (3) Replacement of faculty members, subject to the
26    provisions of Section 24A-5.

 

 

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1        (4) Reconstitution of the attendance center and
2    replacement and reassignment by the general superintendent
3    of all employees of the attendance center.
4        (5) Intervention under Section 34-8.4.
5        (5.5) Operating an attendance center as a contract
6    turnaround school.
7        (6) Closing of the school.
8    (e) Schools placed on probation shall remain on probation
9from year to year until deficiencies are corrected, even if
10such schools make acceptable annual progress. The board shall
11establish, in writing, criteria for determining whether or not
12a school shall remain on probation. If academic achievement
13tests are used as the factor for placing a school on probation,
14the general superintendent shall consider objective criteria,
15not just an increase in test scores, in deciding whether or not
16a school shall remain on probation. These criteria shall
17include attendance, test scores, student mobility rates,
18poverty rates, bilingual education eligibility, special
19education, and English language proficiency programs, with
20progress made in these areas being taken into consideration in
21deciding whether or not a school shall remain on probation.
22Such criteria shall be delivered to each local school council
23on or before October 31 of each year.
24    (e-5) Notwithstanding any other provision of this Section
25to the contrary, a school that has been on probation for 5
26years or more shall have the following powers restored to its

 

 

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1local school council:
2        (1) to grant approval of the school improvement plan;
3    and
4        (2) to approve the school budget.
5    With respect to the employment, dismissal, and evaluation
6of a school principal, the local school council of a school
7that has been on probation for 5 years or more shall conduct a
8non-binding poll that must be considered by the network chief.
9The network chief shall work collaboratively with the local
10school council throughout the process of employment,
11dismissal, and evaluation of a school principal.
12    (f) Where the board has reason to believe that violations
13of civil rights, or of civil or criminal law have occurred, or
14when the general superintendent deems that the school is in
15educational crisis it may take immediate corrective action,
16including the actions specified in this Section, without first
17placing the school on remediation or probation. Nothing
18described herein shall limit the authority of the board as
19provided by any law of this State. The board shall develop
20criteria governing the determination regarding when a school
21is in educational crisis. Such criteria shall be delivered to
22each local school council on or before October 31 of each year.
23    (g) All persons serving as subdistrict superintendent on
24May 1, 1995 shall be deemed by operation of law to be serving
25under a performance contract which expires on June 30, 1995,
26and the employment of each such person as subdistrict

 

 

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1superintendent shall terminate on June 30, 1995. The board
2shall have no obligation to compensate any such person as a
3subdistrict superintendent after June 30, 1995.
4    (h) The general superintendent shall, in consultation with
5local school councils, conduct an annual evaluation of each
6principal in the district pursuant to guidelines promulgated
7by the Board of Education.
8(Source: P.A. 102-677, eff. 12-3-21.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.