Illinois General Assembly - Full Text of HB5285
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Full Text of HB5285  102nd General Assembly




HB5285 EnrolledLRB102 23977 CMG 33182 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 Section
534-8.1 as follows:
6    (105 ILCS 5/34-8.1)  (from Ch. 122, par. 34-8.1)
7    Sec. 34-8.1. Principals. Principals shall be employed to
8supervise the operation of each attendance center. Their
9powers and duties shall include but not be limited to the
10authority (i) to direct, supervise, evaluate, and suspend with
11or without pay or otherwise discipline all teachers, assistant
12principals, and other employees assigned to the attendance
13center in accordance with board rules and policies and (ii) to
14direct all other persons assigned to the attendance center
15pursuant to a contract with a third party to provide services
16to the school system. The right to employ, discharge, and
17layoff shall be vested solely with the board, provided that
18decisions to discharge or suspend nonlicensed employees,
19including disciplinary layoffs, and the termination of
20licensed employees from employment pursuant to a layoff or
21reassignment policy are subject to review under the grievance
22resolution procedure adopted pursuant to subsection (c) of
23Section 10 of the Illinois Educational Labor Relations Act.



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1The grievance resolution procedure adopted by the board shall
2provide for final and binding arbitration, and,
3notwithstanding any other provision of law to the contrary,
4the arbitrator's decision may include all make-whole relief,
5including without limitation reinstatement. The principal
6shall fill positions by appointment as provided in this
7Section and may make recommendations to the board regarding
8the employment, discharge, or layoff of any individual. The
9authority of the principal shall include the authority to
10direct the hours during which the attendance center shall be
11open and available for use provided the use complies with
12board rules and policies, to determine when and what
13operations shall be conducted within those hours, and to
14schedule staff within those hours. Under the direction of, and
15subject to the authority of the principal, the Engineer In
16Charge shall be accountable for the safe, economical operation
17of the plant and grounds and shall also be responsible for
18orientation, training, and supervising the work of Engineers,
19Trainees, school maintenance assistants, custodial workers and
20other plant operation employees under his or her direction.
21    There shall be established by the board a system of
22semi-annual evaluations conducted by the principal as to
23performance of the engineer in charge. Nothing in this Section
24shall prevent the principal from conducting additional
25evaluations. An overall numerical rating shall be given by the
26principal based on the evaluation conducted by the principal.



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1An unsatisfactory numerical rating shall result in
2disciplinary action, which may include, without limitation and
3in the judgment of the principal, loss of promotion or bidding
4procedure, reprimand, suspension with or without pay, or
5recommended dismissal. The board shall establish procedures
6for conducting the evaluation and reporting the results to the
7engineer in charge.
8    Under the direction of, and subject to the authority of,
9the principal, the Food Service Manager is responsible at all
10times for the proper operation and maintenance of the lunch
11room to which he is assigned and shall also be responsible for
12the orientation, training, and supervising the work of cooks,
13bakers, porters, and lunchroom attendants under his or her
15    There shall be established by the Board a system of
16semi-annual evaluations conducted by the principal as to the
17performance of the food service manager. Nothing in this
18Section shall prevent the principal from conducting additional
19evaluations. An overall numerical rating shall be given by the
20principal based on the evaluation conducted by the principal.
21An unsatisfactory numerical rating shall result in
22disciplinary action which may include, without limitation and
23in the judgment of the principal, loss of promotion or bidding
24procedure, reprimand, suspension with or without pay, or
25recommended dismissal. The board shall establish rules for
26conducting the evaluation and reporting the results to the



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1food service manager.
2    Nothing in this Section shall be interpreted to require
3the employment or assignment of an Engineer-In-Charge or a
4Food Service Manager for each attendance center.
5    Principals shall be employed to supervise the educational
6operation of each attendance center. If a principal is absent
7due to extended illness or leave of absence, an assistant
8principal may be assigned as acting principal for a period not
9to exceed 100 school days. Each principal shall assume
10administrative responsibility and instructional leadership, in
11accordance with reasonable rules and regulations of the board,
12for the planning, operation and evaluation of the educational
13program of the attendance center to which he is assigned. The
14principal shall submit recommendations to the general
15superintendent concerning the appointment, dismissal,
16retention, promotion, and assignment of all personnel assigned
17to the attendance center; provided, that from and after
18September 1, 1989: (i) if any vacancy occurs in a position at
19the attendance center or if an additional or new position is
20created at the attendance center, that position shall be
21filled by appointment made by the principal in accordance with
22procedures established and provided by the Board whenever the
23majority of the duties included in that position are to be
24performed at the attendance center which is under the
25principal's supervision, and each such appointment so made by
26the principal shall be made and based upon merit and ability to



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1perform in that position without regard to seniority or length
2of service, provided, that such appointments shall be subject
3to the Board's desegregation obligations, including but not
4limited to the Consent Decree and Desegregation Plan in U.S.
5v. Chicago Board of Education; (ii) the principal shall submit
6recommendations based upon merit and ability to perform in the
7particular position, without regard to seniority or length of
8service, to the general superintendent concerning the
9appointment of any teacher, teacher aide, counselor, clerk,
10hall guard, security guard and any other personnel which is to
11be made by the general superintendent whenever less than a
12majority of the duties of that teacher, teacher aide,
13counselor, clerk, hall guard, and security guard and any other
14personnel are to be performed at the attendance center which
15is under the principal's supervision; and (iii) subject to law
16and the applicable collective bargaining agreements, the
17authority and responsibilities of a principal with respect to
18the evaluation of all teachers and other personnel assigned to
19an attendance center shall commence immediately upon his or
20her appointment as principal of the attendance center, without
21regard to the length of time that he or she has been the
22principal of that attendance center.
23    Notwithstanding the existence of any other law of this
24State, nothing in this Act shall prevent the board from
25entering into a contract with a third party for services
26currently performed by any employee or bargaining unit member.



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1    Notwithstanding any other provision of this Article, each
2principal may approve contracts, binding on the board, in the
3amount of no more than $10,000, if the contract is endorsed by
4the Local School Council.
5    Unless otherwise prohibited by law or by rule of the
6board, the principal shall provide to local school council
7members copies of all internal audits and any other pertinent
8information generated by any audits or reviews of the programs
9and operation of the attendance center.
10    Each principal shall hold a valid Professional Educator
11License issued in accordance with Article 21B and endorsed as
12required by that Article for the position of principal. The
13board may establish or impose clear, specific, explicit, and
14objective academic, educational, examination, and experience
15requirements and criteria that are in addition to those
16established and required by Article 21B for issuance of a
17valid license endorsed for the position of principal as a
18condition of the nomination, selection, appointment,
19employment, or continued employment of a person as principal
20of any attendance center, or as a condition of the renewal of
21any principal's performance contract. If the additional
22requirements and criteria result or may result in the
23exclusion of an otherwise qualified and licensed candidate
24from being eligible for selection to serve as a principal of an
25attendance center, then the board shall maintain a public
26database that includes the names of all the candidates who are



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1eligible to be selected as a principal and who do not choose to
2not have their name included in the database. The board shall
3give notice of no less than 30 days to all otherwise qualified
4and licensed candidates each quarter of their ability to be
5included in the database and shall make updates to the
6database within no more than 10 days after the end of the
7quarter for which notice is given.
8    The board must establish standards and procedures to
9ensure that no candidate is deemed ineligible to be selected
10as a principal for reasons that are not directly related to the
11candidate's anticipated performance as a principal. The
12standards and procedures established by the board must do all
13of the following:
14        (1) Set forth all of the specific criteria used by the
15    board to make decisions concerning the eligibility of
16    candidates.
17        (2) Provide each candidate with a written,
18    competency-aligned score report and evidence-based
19    rationale related to the scoring criteria for each
20    competency area.
21        (3) Provide remediation goals and other supportive
22    services to assist a candidate in correcting any
23    deficiencies identified by the board in the board's
24    rationale.
25        (4) Include provisions to ensure that no person is
26    discriminated against on the basis of conscious or



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1    implicit biases associated with race, color, national
2    origin, or a disability that is unrelated to the person's
3    ability to perform the duties of a principal.
4    The board, in cooperation with the organization that
5represents the district's principals and assistant principals,
6must establish a grievance and hearing procedure for those
7candidates the general superintendent or the general
8superintendent's designee has deemed ineligible to serve as
9principal of an attendance center or whose eligibility has
10been slated for revocation. The evaluator must be a State
11Board of Education-trained principal evaluator or must receive
12such training before rendering a decision. The hearing officer
13must receive sufficient training in principal evaluation
14processes and criteria to render an informed decision.
15    Within 10 days after the general superintendent or the
16general superintendent's designee determines that a candidate
17is ineligible or makes a decision to revoke the eligibility of
18an administrator, the general superintendent or the general
19superintendent's designee must notify the candidate or
20administrator, in writing, of the specific reasons for the
21general superintendent's or the general superintendent's
22designee's determination of the candidate's or administrator's
23ineligibility. Within 30 days after receiving this
24notification, the candidate or administrator may request that
25the general superintendent or the general superintendent's
26designee initiate a review of the decision through the



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1grievance and hearing process established pursuant to this
3    In the case of a principal who is deemed ineligible based
4on a performance evaluation, the evaluator conducting the
5review must consider as evidence of the principal's
6performance any local school council evaluation that covers
7the same evaluation period. If a decision to revoke
8eligibility is grieved, the administrator shall remain on the
9eligibility list until the administrator receives a decision
10in the grievance. However, prior to any hiring decision, the
11board may communicate to any local school council that the
12administrator has a grievance pending while the grievance is
13pending. The grievance decision shall be binding on the
14principal and the board.
15    If performance evaluations are included in the criteria
16used by the board in determining that a principal is no longer
17eligible to seek a principal position at an attendance center,
18the board's criteria must use the standard of either an
19unsatisfactory summative evaluation or 2 or more basic or
20lower summative performance evaluations within a period of 7
21school years, except as provided below in the case of a
22principal who is in his or her first principal position. A
23principal with summative performance evaluations of basic in
24the principal's first 2 school years in that role shall not
25impact a principal's eligibility status if the principal earns
26an increased numerical rating in at least one competency



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1domain while maintaining ratings on all other competency
2domains in the school year immediately following the basic
3rating. A principal who is deemed ineligible based on a
4performance evaluation may request that the general
5superintendent review that determination under the grievance
6procedure, in which case the general superintendent's designee
7must be a State Board of Education-trained principal
8evaluator, and, in conducting that review, the general
9superintendent's designee must consider any local school
10council evaluation that covers the same evaluation period. If
11an individual evaluator rates an individual principal as
12unsatisfactory for the first time, the board may not determine
13that a principal is no longer eligible to serve as a principal
14based on performance evaluations from that evaluator if,
15during the same school term of service, the local school
16council's evaluation of the principal's performance was
17distinguished. If a principal has been deemed ineligible based
18on a performance evaluation, the principal's status is
19restored to eligible when the principal receives a proficient
20or higher summative performance evaluation rating, provided
21the principal meets all other criteria for eligibility.
22    The board shall specify in its formal job description for
23principals, and from and after July 1, 1990 shall specify in
24the 4 year performance contracts for use with respect to all
25principals, that his or her primary responsibility is in the
26improvement of instruction. A majority of the time spent by a



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1principal shall be spent on curriculum and staff development
2through both formal and informal activities, establishing
3clear lines of communication regarding school goals,
4accomplishments, practices and policies with parents and
5teachers. The principal, with the assistance of the local
6school council, shall develop a school improvement plan as
7provided in Section 34-2.4 and, upon approval of the plan by
8the local school council, shall be responsible for directing
9implementation of the plan. The principal, with the assistance
10of the professional personnel leadership committee, shall
11develop the specific methods and contents of the school's
12curriculum within the board's system-wide curriculum standards
13and objectives and the requirements of the school improvement
14plan. The board shall ensure that all principals are evaluated
15on their instructional leadership ability and their ability to
16maintain a positive education and learning climate. It shall
17also be the responsibility of the principal to utilize
18resources of proper law enforcement agencies when the safety
19and welfare of students and teachers are threatened by illegal
20use of drugs and alcohol, by illegal use or possession of
21weapons, or by illegal gang activity.
22    Nothing in this Section shall prohibit the board and the
23exclusive representative of the district's teachers from
24entering into an agreement under Section 34-85c of this Code
25to establish alternative procedures for teacher evaluation,
26remediation, and removal for cause after remediation,



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1including an alternative system for peer evaluation and
2recommendations, for teachers assigned to schools identified
3in that agreement.
4    On or before October 1, 1989, the Board of Education, in
5consultation with any professional organization representing
6principals in the district, shall promulgate rules and
7implement a lottery for the purpose of determining whether a
8principal's existing performance contract (including the
9performance contract applicable to any principal's position in
10which a vacancy then exists) expires on June 30, 1990 or on
11June 30, 1991, and whether the ensuing 4 year performance
12contract begins on July 1, 1990 or July 1, 1991. The Board of
13Education shall establish and conduct the lottery in such
14manner that of all the performance contracts of principals
15(including the performance contracts applicable to all
16principal positions in which a vacancy then exists), 50% of
17such contracts shall expire on June 30, 1990, and 50% shall
18expire on June 30, 1991. All persons serving as principal on
19May 1, 1989, and all persons appointed as principal after May
201, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
21other than as provided by Section 34-2.3, shall be deemed by
22operation of law to be serving under a performance contract
23which expires on June 30, 1990 or June 30, 1991; and unless
24such performance contract of any such principal is renewed (or
25such person is again appointed to serve as principal) in the
26manner provided by Section 34-2.2 or 34-2.3, the employment of



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1such person as principal shall terminate on June 30, 1990 or
2June 30, 1991.
3    Commencing on July 1, 1990, or on July 1, 1991, and
4thereafter, the principal of each attendance center shall be
5the person selected in the manner provided by Section 34-2.3
6to serve as principal of that attendance center under a 4 year
7performance contract. All performance contracts of principals
8expiring after July 1, 1990, or July 1, 1991, shall commence on
9the date specified in the contract, and the renewal of their
10performance contracts and the appointment of principals when
11their performance contracts are not renewed shall be governed
12by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the
13office of a principal occurs for any reason, the vacancy shall
14be filled by the selection of a new principal to serve under a
154 year performance contract in the manner provided by Section
17    The board of education shall develop and prepare, in
18consultation with the organization representing principals, a
19performance contract for use at all attendance centers, and
20shall furnish the same to each local school council. The term
21of the performance contract shall be 4 years, unless the
22principal is retained by the decision of a hearing officer
23pursuant to subdivision 1.5 of Section 34-2.3, in which case
24the contract shall be extended for 2 years. The performance
25contract of each principal shall consist of the uniform
26performance contract, as developed or from time to time



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1modified by the board, and such additional criteria as are
2established by a local school council pursuant to Section
334-2.3 for the performance contract of its principal.
4    During the term of his or her performance contract, a
5principal may be removed only as provided for in the
6performance contract except for cause. He or she shall also be
7obliged to follow the rules of the board of education
8concerning conduct and efficiency.
9    In the event the performance contract of a principal is
10not renewed or a principal is not reappointed as principal
11under a new performance contract, or in the event a principal
12is appointed to any position of superintendent or higher
13position, or voluntarily resigns his position of principal,
14his or her employment as a principal shall terminate and such
15former principal shall not be reinstated to the position from
16which he or she was promoted to principal, except that he or
17she, if otherwise qualified and licensed in accordance with
18Article 21B, shall be placed by the board on appropriate
19eligibility lists which it prepares for use in the filling of
20vacant or additional or newly created positions for teachers.
21The principal's total years of service to the board as both a
22teacher and a principal, or in other professional capacities,
23shall be used in calculating years of experience for purposes
24of being selected as a teacher into new, additional or vacant
26    In the event the performance contract of a principal is



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1not renewed or a principal is not reappointed as principal
2under a new performance contract, such principal shall be
3eligible to continue to receive his or her previously provided
4level of health insurance benefits for a period of 90 days
5following the non-renewal of the contract at no expense to the
6principal, provided that such principal has not retired.
7(Source: P.A. 102-894, eff. 5-20-22.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.