Bill Text: IL HB5386 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Chicago School District Article of the School Code. Repeals a Section that gives a principal, with employee concurrence, the right to declare waived and superseded a provision of a teachers' collective bargaining agreement as it applies in or at the attendance center to the bargaining unit's employees; makes a related change. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5386 Detail]

Download: Illinois-2011-HB5386-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5386 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3
105 ILCS 5/34-8.1a rep.
Amends the Chicago School District Article of the School Code. Repeals a Section that gives a principal, with employee concurrence, the right to declare waived and superseded a provision of a teachers' collective bargaining agreement as it applies in or at the attendance center to the bargaining unit's employees; makes a related change. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
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 Section
34-2.3 as follows:
(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

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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) 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) 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

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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

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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, 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 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

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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 and the general superintendent shall be
considered parties to the arbitration, 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. 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
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. 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

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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

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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

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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

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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

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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

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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 leadership 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

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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, electronic
textbooks and the technological equipment necessary to

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gain access to and use electronic 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

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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

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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

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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

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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

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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. 96-1403, eff. 7-29-10.)

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(105 ILCS 5/34-8.1a rep.)
Section 10. The School Code is amended by repealing Section
34-8.1a.
Section 99. Effective date. This Act takes effect upon
becoming law.