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1 | AN ACT concerning education. | |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||
4 | Section 5. The School Code is amended by changing Sections | |||||||||||||||||||||
5 | 34-2.4b 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 | |||||||||||||||||||||
9 | that occurs after the effective date of this amendatory Act of | |||||||||||||||||||||
10 | the 102nd General Assembly, the provisions of Sections 34-2.1, | |||||||||||||||||||||
11 | 34-2.2, 34-2.3, 34-2.3a, 34-2.4 and 34-8.3 and those | |||||||||||||||||||||
12 | provisions of paragraph 1 of Section 34-18 and paragraph (c) | |||||||||||||||||||||
13 | of Section 34A-201a relating to the allocation or application - | |||||||||||||||||||||
14 | - by formula or otherwise -- of lump sum amounts and other | |||||||||||||||||||||
15 | funds to attendance centers shall not apply to the Cook County | |||||||||||||||||||||
16 | Juvenile Detention Center and Cook County Jail schools, nor to | |||||||||||||||||||||
17 | the district's alternative schools for pregnant girls, nor to | |||||||||||||||||||||
18 | alternative schools established under Article 13A, nor to a | |||||||||||||||||||||
19 | contract school, nor to the Michael R. Durso School, the | |||||||||||||||||||||
20 | Jackson Adult Center, the Hillard Adult Center, the | |||||||||||||||||||||
21 | Alternative Transitional School, or any other attendance | |||||||||||||||||||||
22 | center designated by the Board as an alternative school, nor | |||||||||||||||||||||
23 | to any school established as a teacher training academy other |
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1 | than the schools listed in subsection (b) , nor to any school | ||||||
2 | with a specialty 2-year programming model, nor to any school | ||||||
3 | established as a one-year school or program, nor to any school | ||||||
4 | with a specialty student focus or transient student | ||||||
5 | population, provided that the designation is not applied to an | ||||||
6 | attendance center that has in place a legally constituted | ||||||
7 | local school council, except for contract turnaround schools. | ||||||
8 | The board of education shall have and exercise with respect to | ||||||
9 | those schools and with respect to the conduct, operation, | ||||||
10 | affairs and budgets of those schools, and with respect to the | ||||||
11 | principals, teachers and other school staff there employed, | ||||||
12 | the same powers which are exercisable by local school councils | ||||||
13 | with respect to the other attendance centers, principals, | ||||||
14 | teachers and school staff within the district, together with | ||||||
15 | all powers and duties generally exercisable by the board of | ||||||
16 | education with respect to all attendance centers within the | ||||||
17 | district. The board of education shall develop appropriate | ||||||
18 | alternative methods for involving parents, community members | ||||||
19 | and school staff to the maximum extent possible in all of the | ||||||
20 | activities of those schools, and may delegate to the parents, | ||||||
21 | community members and school staff so involved the same powers | ||||||
22 | which are exercisable by local school councils with respect to | ||||||
23 | other attendance centers. | ||||||
24 | (b) The following schools are not exempted from the | ||||||
25 | provisions of Sections 34-2.1, 34-2.2, 34-2.3, 34-2.3a, | ||||||
26 | 34-2.4, and 34-8.3 those provisions of paragraph (1) of |
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1 | Section 34-18 and paragraph (c) of Section 34A-201a relating | ||||||
2 | to the allocation or application of lump sum amounts to | ||||||
3 | attendance 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 | ||||||
15 | centers. | ||||||
16 | (a) The general superintendent shall monitor the | ||||||
17 | performance of the attendance centers within the district and | ||||||
18 | shall identify attendance centers, pursuant to criteria that | ||||||
19 | the 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 | ||||||
9 | nonperforming school as described herein, he or she shall | ||||||
10 | place the attendance center on remediation by developing a | ||||||
11 | remediation plan for the center. The purpose of the | ||||||
12 | remediation plan shall be to correct the deficiencies in the | ||||||
13 | performance of the attendance center by one or more of the | ||||||
14 | following 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 | ||||||
23 | school council, which shall retain the right to reject or | ||||||
24 | modify any school improvement plan or implementation thereof, | ||||||
25 | as long as the rejection or modification of any school | ||||||
26 | improvement plan or implementation thereof is consistent with |
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1 | State and federal requirements. | ||||||
2 | If, however, the general superintendent determines that | ||||||
3 | the problems are not able to be remediated by these methods, | ||||||
4 | the general superintendent shall place the attendance center | ||||||
5 | on probation. The board shall establish guidelines that | ||||||
6 | determine the factors for placing an attendance center on | ||||||
7 | probation. | ||||||
8 | (c) Each school placed on probation shall have a school | ||||||
9 | improvement plan and school budget for correcting deficiencies | ||||||
10 | identified by the board. The plan shall include specific steps | ||||||
11 | that the local school council and school staff must take to | ||||||
12 | correct identified deficiencies and specific objective | ||||||
13 | criteria by which the school's subsequent progress will be | ||||||
14 | determined. The school budget shall include specific | ||||||
15 | expenditures directly calculated to correct educational and | ||||||
16 | operational deficiencies identified at the school by the | ||||||
17 | probation team. | ||||||
18 | (d) (Blank). Schools placed on probation that, after a | ||||||
19 | maximum of one year, fail to make adequate progress in | ||||||
20 | correcting deficiencies are subject to the following actions | ||||||
21 | by the general superintendent with the approval of the board, | ||||||
22 | after 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 | ||||||
9 | from year to year until deficiencies are corrected, even if | ||||||
10 | such schools make acceptable annual progress. The board shall | ||||||
11 | establish, in writing, criteria for determining whether or not | ||||||
12 | a school shall remain on probation. If academic achievement | ||||||
13 | tests are used as the factor for placing a school on probation, | ||||||
14 | the general superintendent shall consider objective criteria, | ||||||
15 | not just an increase in test scores, in deciding whether or not | ||||||
16 | a school shall remain on probation. These criteria shall | ||||||
17 | include attendance, test scores, student mobility rates, | ||||||
18 | poverty rates, bilingual education eligibility, special | ||||||
19 | education, and English language proficiency programs, with | ||||||
20 | progress made in these areas being taken into consideration in | ||||||
21 | deciding whether or not a school shall remain on probation. | ||||||
22 | Such criteria shall be delivered to each local school council | ||||||
23 | on or before October 31 of each year. | ||||||
24 | (e-5) Notwithstanding any other provision of this Section | ||||||
25 | to the contrary, a school that has been on probation for 5 | ||||||
26 | years or more shall have the following powers restored to its |
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1 | local 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 | ||||||
6 | of a school principal, the local school council of a school | ||||||
7 | that has been on probation for 5 years or more shall conduct a | ||||||
8 | non-binding poll that must be considered by the network chief. | ||||||
9 | The network chief shall work collaboratively with the local | ||||||
10 | school council throughout the process of employment, | ||||||
11 | dismissal, and evaluation of a school principal. | ||||||
12 | (f) Where the board has reason to believe that violations | ||||||
13 | of civil rights, or of civil or criminal law have occurred, or | ||||||
14 | when the general superintendent deems that the school is in | ||||||
15 | educational crisis it may take immediate corrective action, | ||||||
16 | including the actions specified in this Section, without first | ||||||
17 | placing the school on remediation or probation. Nothing | ||||||
18 | described herein shall limit the authority of the board as | ||||||
19 | provided by any law of this State. The board shall develop | ||||||
20 | criteria governing the determination regarding when a school | ||||||
21 | is in educational crisis. Such criteria shall be delivered to | ||||||
22 | each local school council on or before October 31 of each year. | ||||||
23 | (g) All persons serving as subdistrict superintendent on | ||||||
24 | May 1, 1995 shall be deemed by operation of law to be serving | ||||||
25 | under a performance contract which expires on June 30, 1995, | ||||||
26 | and the employment of each such person as subdistrict |
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1 | superintendent shall terminate on June 30, 1995. The board | ||||||
2 | shall have no obligation to compensate any such person as a | ||||||
3 | subdistrict superintendent after June 30, 1995. | ||||||
4 | (h) The general superintendent shall, in consultation with | ||||||
5 | local school councils, conduct an annual evaluation of each | ||||||
6 | principal in the district pursuant to guidelines promulgated | ||||||
7 | by the Board of Education. | ||||||
8 | (Source: P.A. 102-677, eff. 12-3-21.) | ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law. |