Illinois General Assembly - Full Text of HB5285
Illinois General Assembly

Previous General Assemblies

Full Text of HB5285  102nd General Assembly


Sen. Cristina H. Pacione-Zayas

Filed: 1/5/2023





10200HB5285sam001LRB102 23977 JDS 42461 a


2    AMENDMENT NO. ______. Amend House Bill 5285 by replacing
3everything after the enacting clause with the following:
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



10200HB5285sam001- 2 -LRB102 23977 JDS 42461 a

1layoff shall be vested solely with the board, provided that
2decisions to discharge or suspend nonlicensed employees,
3including disciplinary layoffs, and the termination of
4licensed employees from employment pursuant to a layoff or
5reassignment policy are subject to review under the grievance
6resolution procedure adopted pursuant to subsection (c) of
7Section 10 of the Illinois Educational Labor Relations Act.
8The grievance resolution procedure adopted by the board shall
9provide for final and binding arbitration, and,
10notwithstanding any other provision of law to the contrary,
11the arbitrator's decision may include all make-whole relief,
12including without limitation reinstatement. The principal
13shall fill positions by appointment as provided in this
14Section and may make recommendations to the board regarding
15the employment, discharge, or layoff of any individual. The
16authority of the principal shall include the authority to
17direct the hours during which the attendance center shall be
18open and available for use provided the use complies with
19board rules and policies, to determine when and what
20operations shall be conducted within those hours, and to
21schedule staff within those hours. Under the direction of, and
22subject to the authority of the principal, the Engineer In
23Charge shall be accountable for the safe, economical operation
24of the plant and grounds and shall also be responsible for
25orientation, training, and supervising the work of Engineers,
26Trainees, school maintenance assistants, custodial workers and



10200HB5285sam001- 3 -LRB102 23977 JDS 42461 a

1other plant operation employees under his or her direction.
2    There shall be established by the board a system of
3semi-annual evaluations conducted by the principal as to
4performance of the engineer in charge. Nothing in this Section
5shall prevent the principal from conducting additional
6evaluations. An overall numerical rating shall be given by the
7principal based on the evaluation conducted by the principal.
8An unsatisfactory numerical rating shall result in
9disciplinary action, which may include, without limitation and
10in the judgment of the principal, loss of promotion or bidding
11procedure, reprimand, suspension with or without pay, or
12recommended dismissal. The board shall establish procedures
13for conducting the evaluation and reporting the results to the
14engineer in charge.
15    Under the direction of, and subject to the authority of,
16the principal, the Food Service Manager is responsible at all
17times for the proper operation and maintenance of the lunch
18room to which he is assigned and shall also be responsible for
19the orientation, training, and supervising the work of cooks,
20bakers, porters, and lunchroom attendants under his or her
22    There shall be established by the Board a system of
23semi-annual evaluations conducted by the principal as to the
24performance of the food service manager. Nothing in this
25Section shall prevent the principal from conducting additional
26evaluations. An overall numerical rating shall be given by the



10200HB5285sam001- 4 -LRB102 23977 JDS 42461 a

1principal based on the evaluation conducted by the principal.
2An unsatisfactory numerical rating shall result in
3disciplinary action which may include, without limitation and
4in the judgment of the principal, loss of promotion or bidding
5procedure, reprimand, suspension with or without pay, or
6recommended dismissal. The board shall establish rules for
7conducting the evaluation and reporting the results to the
8food service manager.
9    Nothing in this Section shall be interpreted to require
10the employment or assignment of an Engineer-In-Charge or a
11Food Service Manager for each attendance center.
12    Principals shall be employed to supervise the educational
13operation of each attendance center. If a principal is absent
14due to extended illness or leave of absence, an assistant
15principal may be assigned as acting principal for a period not
16to exceed 100 school days. Each principal shall assume
17administrative responsibility and instructional leadership, in
18accordance with reasonable rules and regulations of the board,
19for the planning, operation and evaluation of the educational
20program of the attendance center to which he is assigned. The
21principal shall submit recommendations to the general
22superintendent concerning the appointment, dismissal,
23retention, promotion, and assignment of all personnel assigned
24to the attendance center; provided, that from and after
25September 1, 1989: (i) if any vacancy occurs in a position at
26the attendance center or if an additional or new position is



10200HB5285sam001- 5 -LRB102 23977 JDS 42461 a

1created at the attendance center, that position shall be
2filled by appointment made by the principal in accordance with
3procedures established and provided by the Board whenever the
4majority of the duties included in that position are to be
5performed at the attendance center which is under the
6principal's supervision, and each such appointment so made by
7the principal shall be made and based upon merit and ability to
8perform in that position without regard to seniority or length
9of service, provided, that such appointments shall be subject
10to the Board's desegregation obligations, including but not
11limited to the Consent Decree and Desegregation Plan in U.S.
12v. Chicago Board of Education; (ii) the principal shall submit
13recommendations based upon merit and ability to perform in the
14particular position, without regard to seniority or length of
15service, to the general superintendent concerning the
16appointment of any teacher, teacher aide, counselor, clerk,
17hall guard, security guard and any other personnel which is to
18be made by the general superintendent whenever less than a
19majority of the duties of that teacher, teacher aide,
20counselor, clerk, hall guard, and security guard and any other
21personnel are to be performed at the attendance center which
22is under the principal's supervision; and (iii) subject to law
23and the applicable collective bargaining agreements, the
24authority and responsibilities of a principal with respect to
25the evaluation of all teachers and other personnel assigned to
26an attendance center shall commence immediately upon his or



10200HB5285sam001- 6 -LRB102 23977 JDS 42461 a

1her appointment as principal of the attendance center, without
2regard to the length of time that he or she has been the
3principal of that attendance center.
4    Notwithstanding the existence of any other law of this
5State, nothing in this Act shall prevent the board from
6entering into a contract with a third party for services
7currently performed by any employee or bargaining unit member.
8    Notwithstanding any other provision of this Article, each
9principal may approve contracts, binding on the board, in the
10amount of no more than $10,000, if the contract is endorsed by
11the Local School Council.
12    Unless otherwise prohibited by law or by rule of the
13board, the principal shall provide to local school council
14members copies of all internal audits and any other pertinent
15information generated by any audits or reviews of the programs
16and operation of the attendance center.
17    Each principal shall hold a valid Professional Educator
18License issued in accordance with Article 21B and endorsed as
19required by that Article for the position of principal. The
20board may establish or impose clear, specific, explicit, and
21objective academic, educational, examination, and experience
22requirements and criteria that are in addition to those
23established and required by Article 21B for issuance of a
24valid license endorsed for the position of principal as a
25condition of the nomination, selection, appointment,
26employment, or continued employment of a person as principal



10200HB5285sam001- 7 -LRB102 23977 JDS 42461 a

1of any attendance center, or as a condition of the renewal of
2any principal's performance contract. If the additional
3requirements and criteria result or may result in the
4exclusion of an otherwise qualified and licensed candidate
5from being eligible for selection to serve as a principal of an
6attendance center, then the board shall maintain a public
7database that includes the names of all the candidates who are
8eligible to be selected as a principal and who do not choose to
9not have their name included in the database. The board shall
10give notice of no less than 30 days to all otherwise qualified
11and licensed candidates each quarter of their ability to be
12included in the database and shall make updates to the
13database within no more than 10 days after the end of the
14quarter for which notice is given.
15    The board must establish standards and procedures to
16ensure that no candidate is deemed ineligible to be selected
17as a principal for reasons that are not directly related to the
18candidate's anticipated performance as a principal. The
19standards and procedures established by the board must do all
20of the following:
21        (1) Set forth all of the specific criteria used by the
22    board to make decisions concerning the eligibility of
23    candidates.
24        (2) Provide each candidate with a written,
25    competency-aligned score report and evidence-based
26    rationale related to the scoring criteria for each



10200HB5285sam001- 8 -LRB102 23977 JDS 42461 a

1    competency area.
2        (3) Provide remediation goals and other supportive
3    services to assist a candidate in correcting any
4    deficiencies identified by the board in the board's
5    rationale.
6        (4) Include provisions to ensure that no person is
7    discriminated against on the basis of conscious or
8    implicit biases associated with race, color, national
9    origin, or a disability that is unrelated to the person's
10    ability to perform the duties of a principal.
11    The board, in cooperation with the organization that
12represents the district's principals and assistant principals,
13must establish a grievance and hearing procedure for those
14candidates the general superintendent or the general
15superintendent's designee has deemed ineligible to serve as
16principal of an attendance center or whose eligibility has
17been slated for revocation. The evaluator must be a State
18Board of Education-trained principal evaluator or must receive
19such training before rendering a decision. The hearing officer
20must receive sufficient training in principal evaluation
21processes and criteria to render an informed decision.
22    Within 10 days after the general superintendent or the
23general superintendent's designee determines that a candidate
24is ineligible or makes a decision to revoke the eligibility of
25an administrator, the general superintendent or the general
26superintendent's designee must notify the candidate or



10200HB5285sam001- 9 -LRB102 23977 JDS 42461 a

1administrator, in writing, of the specific reasons for the
2general superintendent's or the general superintendent's
3designee's determination of the candidate's or administrator's
4ineligibility. Within 30 days after receiving this
5notification, the candidate or administrator may request that
6the general superintendent or the general superintendent's
7designee initiate a review of the decision through the
8grievance and hearing process established pursuant to this
10    In the case of a principal who is deemed ineligible based
11on a performance evaluation, the evaluator conducting the
12review must consider as evidence of the principal's
13performance any local school council evaluation that covers
14the same evaluation period. If a decision to revoke
15eligibility is grieved, the administrator shall remain on the
16eligibility list until the administrator receives a decision
17in the grievance. However, prior to any hiring decision, the
18board may communicate to any local school council that the
19administrator has a grievance pending while the grievance is
20pending. The grievance decision shall be binding on the
21principal and the board.
22    If performance evaluations are included in the criteria
23used by the board in determining that a principal is no longer
24eligible to seek a principal position at an attendance center,
25the board's criteria must use the standard of either an
26unsatisfactory summative evaluation or 2 or more basic or



10200HB5285sam001- 10 -LRB102 23977 JDS 42461 a

1lower summative performance evaluations within a period of 7
2school years, except as provided below in the case of a
3principal who is in his or her first principal position. A
4principal with summative performance evaluations of basic in
5the principal's first 2 school years in that role shall not
6impact a principal's eligibility status if the principal earns
7an increased numerical rating in at least one competency
8domain while maintaining ratings on all other competency
9domains in the school year immediately following the basic
10rating. A principal who is deemed ineligible based on a
11performance evaluation may request that the general
12superintendent review that determination under the grievance
13procedure, in which case the general superintendent's designee
14must be a State Board of Education-trained principal
15evaluator, and, in conducting that review, the general
16superintendent's designee must consider any local school
17council evaluation that covers the same evaluation period. If
18an individual evaluator rates an individual principal as
19unsatisfactory for the first time, the board may not determine
20that a principal is no longer eligible to serve as a principal
21based on performance evaluations from that evaluator if,
22during the same school term of service, the local school
23council's evaluation of the principal's performance was
24distinguished. If a principal has been deemed ineligible based
25on a performance evaluation, the principal's status is
26restored to eligible when the principal receives a proficient



10200HB5285sam001- 11 -LRB102 23977 JDS 42461 a

1or higher summative performance evaluation rating, provided
2the principal meets all other criteria for eligibility.
3    The board shall specify in its formal job description for
4principals, and from and after July 1, 1990 shall specify in
5the 4 year performance contracts for use with respect to all
6principals, that his or her primary responsibility is in the
7improvement of instruction. A majority of the time spent by a
8principal shall be spent on curriculum and staff development
9through both formal and informal activities, establishing
10clear lines of communication regarding school goals,
11accomplishments, practices and policies with parents and
12teachers. The principal, with the assistance of the local
13school council, shall develop a school improvement plan as
14provided in Section 34-2.4 and, upon approval of the plan by
15the local school council, shall be responsible for directing
16implementation of the plan. The principal, with the assistance
17of the professional personnel leadership committee, shall
18develop the specific methods and contents of the school's
19curriculum within the board's system-wide curriculum standards
20and objectives and the requirements of the school improvement
21plan. The board shall ensure that all principals are evaluated
22on their instructional leadership ability and their ability to
23maintain a positive education and learning climate. It shall
24also be the responsibility of the principal to utilize
25resources of proper law enforcement agencies when the safety
26and welfare of students and teachers are threatened by illegal



10200HB5285sam001- 12 -LRB102 23977 JDS 42461 a

1use of drugs and alcohol, by illegal use or possession of
2weapons, or by illegal gang activity.
3    Nothing in this Section shall prohibit the board and the
4exclusive representative of the district's teachers from
5entering into an agreement under Section 34-85c of this Code
6to establish alternative procedures for teacher evaluation,
7remediation, and removal for cause after remediation,
8including an alternative system for peer evaluation and
9recommendations, for teachers assigned to schools identified
10in that agreement.
11    On or before October 1, 1989, the Board of Education, in
12consultation with any professional organization representing
13principals in the district, shall promulgate rules and
14implement a lottery for the purpose of determining whether a
15principal's existing performance contract (including the
16performance contract applicable to any principal's position in
17which a vacancy then exists) expires on June 30, 1990 or on
18June 30, 1991, and whether the ensuing 4 year performance
19contract begins on July 1, 1990 or July 1, 1991. The Board of
20Education shall establish and conduct the lottery in such
21manner that of all the performance contracts of principals
22(including the performance contracts applicable to all
23principal positions in which a vacancy then exists), 50% of
24such contracts shall expire on June 30, 1990, and 50% shall
25expire on June 30, 1991. All persons serving as principal on
26May 1, 1989, and all persons appointed as principal after May



10200HB5285sam001- 13 -LRB102 23977 JDS 42461 a

11, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner
2other than as provided by Section 34-2.3, shall be deemed by
3operation of law to be serving under a performance contract
4which expires on June 30, 1990 or June 30, 1991; and unless
5such performance contract of any such principal is renewed (or
6such person is again appointed to serve as principal) in the
7manner provided by Section 34-2.2 or 34-2.3, the employment of
8such person as principal shall terminate on June 30, 1990 or
9June 30, 1991.
10    Commencing on July 1, 1990, or on July 1, 1991, and
11thereafter, the principal of each attendance center shall be
12the person selected in the manner provided by Section 34-2.3
13to serve as principal of that attendance center under a 4 year
14performance contract. All performance contracts of principals
15expiring after July 1, 1990, or July 1, 1991, shall commence on
16the date specified in the contract, and the renewal of their
17performance contracts and the appointment of principals when
18their performance contracts are not renewed shall be governed
19by Sections 34-2.2 and 34-2.3. Whenever a vacancy in the
20office of a principal occurs for any reason, the vacancy shall
21be filled by the selection of a new principal to serve under a
224 year performance contract in the manner provided by Section
24    The board of education shall develop and prepare, in
25consultation with the organization representing principals, a
26performance contract for use at all attendance centers, and



10200HB5285sam001- 14 -LRB102 23977 JDS 42461 a

1shall furnish the same to each local school council. The term
2of the performance contract shall be 4 years, unless the
3principal is retained by the decision of a hearing officer
4pursuant to subdivision 1.5 of Section 34-2.3, in which case
5the contract shall be extended for 2 years. The performance
6contract of each principal shall consist of the uniform
7performance contract, as developed or from time to time
8modified by the board, and such additional criteria as are
9established by a local school council pursuant to Section
1034-2.3 for the performance contract of its principal.
11    During the term of his or her performance contract, a
12principal may be removed only as provided for in the
13performance contract except for cause. He or she shall also be
14obliged to follow the rules of the board of education
15concerning conduct and efficiency.
16    In the event the performance contract of a principal is
17not renewed or a principal is not reappointed as principal
18under a new performance contract, or in the event a principal
19is appointed to any position of superintendent or higher
20position, or voluntarily resigns his position of principal,
21his or her employment as a principal shall terminate and such
22former principal shall not be reinstated to the position from
23which he or she was promoted to principal, except that he or
24she, if otherwise qualified and licensed in accordance with
25Article 21B, shall be placed by the board on appropriate
26eligibility lists which it prepares for use in the filling of



10200HB5285sam001- 15 -LRB102 23977 JDS 42461 a

1vacant or additional or newly created positions for teachers.
2The principal's total years of service to the board as both a
3teacher and a principal, or in other professional capacities,
4shall be used in calculating years of experience for purposes
5of being selected as a teacher into new, additional or vacant
7    In the event the performance contract of a principal is
8not renewed or a principal is not reappointed as principal
9under a new performance contract, such principal shall be
10eligible to continue to receive his or her previously provided
11level of health insurance benefits for a period of 90 days
12following the non-renewal of the contract at no expense to the
13principal, provided that such principal has not retired.
14(Source: P.A. 102-894, eff. 5-20-22.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".