Bill Text: IL SB0578 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Education for Homeless Children Act. Makes a technical change in a Section concerning the Act's application.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-12-27 - Public Act . . . . . . . . . 98-0610 [SB0578 Detail]
Download: Illinois-2013-SB0578-Engrossed.html
Bill Title: Amends the Education for Homeless Children Act. Makes a technical change in a Section concerning the Act's application.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-12-27 - Public Act . . . . . . . . . 98-0610 [SB0578 Detail]
Download: Illinois-2013-SB0578-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 1A-4, 10-20.30, 10-21.4, and 34-8 as follows:
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6 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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7 | Sec. 1A-4. Powers and duties of the Board.
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8 | A. (Blank).
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9 | B. The Board shall determine the qualifications of and | ||||||
10 | appoint a
chief education officer, to be known as the State | ||||||
11 | Superintendent of
Education, who may be proposed by the | ||||||
12 | Governor and who shall serve at the pleasure of the Board and | ||||||
13 | pursuant to a
performance-based contract linked to statewide | ||||||
14 | student performance and academic
improvement within Illinois | ||||||
15 | schools. Upon expiration or buyout of the contract of the State | ||||||
16 | Superintendent of Education in office on the effective date of | ||||||
17 | this amendatory Act of the 93rd General Assembly, a State | ||||||
18 | Superintendent of Education shall be appointed by a State Board | ||||||
19 | of Education that includes the 7 new Board members who were | ||||||
20 | appointed to fill seats of members whose terms were terminated | ||||||
21 | on the effective date of this amendatory Act of the 93rd | ||||||
22 | General Assembly. Thereafter, a State Superintendent of | ||||||
23 | Education must, at a minimum, be appointed at the beginning of |
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1 | each term of a Governor after that Governor has made | ||||||
2 | appointments to the Board. A performance-based
contract issued | ||||||
3 | for the employment of a State Superintendent of
Education | ||||||
4 | entered into on or after the effective date of this amendatory | ||||||
5 | Act of the 93rd General Assembly must expire no later than | ||||||
6 | February 1, 2007, and subsequent contracts must expire no later | ||||||
7 | than February 1 each 4 years thereafter. No contract
shall be
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8 | extended or renewed beyond February 1, 2007 and February 1 each | ||||||
9 | 4 years thereafter, but a State Superintendent of Education | ||||||
10 | shall serve until his or her successor is appointed. Each | ||||||
11 | contract entered into on or before January 8, 2007 with a State | ||||||
12 | Superintendent of Education must provide that the State Board | ||||||
13 | of Education may terminate the contract for cause, and the | ||||||
14 | State Board of Education shall not thereafter be liable for | ||||||
15 | further payments under the contract. With regard to this | ||||||
16 | amendatory Act of the 93rd General Assembly, it is the intent | ||||||
17 | of the General Assembly that, beginning with the Governor who | ||||||
18 | takes office on the second Monday of January, 2007, a State | ||||||
19 | Superintendent of Education be appointed at the beginning of | ||||||
20 | each term of a Governor after that Governor has made | ||||||
21 | appointments to the Board. The State
Superintendent of | ||||||
22 | Education shall not serve as a member of the State
Board of | ||||||
23 | Education. The Board shall set the compensation of the State
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24 | Superintendent of Education who shall serve as the Board's | ||||||
25 | chief
executive officer. The Board shall also establish the | ||||||
26 | duties, powers and
responsibilities of the State |
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1 | Superintendent, which shall be included in the
State | ||||||
2 | Superintendent's performance-based contract along with the | ||||||
3 | goals and
indicators of student performance and academic | ||||||
4 | improvement used to measure the
performance and effectiveness | ||||||
5 | of the State Superintendent.
The State Board of Education may | ||||||
6 | delegate
to the State Superintendent of Education the authority | ||||||
7 | to act on the Board's
behalf, provided such delegation is made | ||||||
8 | pursuant to adopted board policy
or the powers delegated are | ||||||
9 | ministerial in nature. The State Board may
not delegate | ||||||
10 | authority under this Section to the State Superintendent to
(1) | ||||||
11 | nonrecognize school districts, (2) withhold State payments as a | ||||||
12 | penalty,
or (3) make final decisions under the contested case | ||||||
13 | provisions of the Illinois
Administrative Procedure Act unless | ||||||
14 | otherwise provided by law.
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15 | C. The powers and duties of the State Board of Education | ||||||
16 | shall encompass all
duties delegated to the Office of | ||||||
17 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
18 | except as the law providing for such powers and duties is
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19 | thereafter amended, and such other powers and duties as the | ||||||
20 | General Assembly
shall designate. The Board shall be | ||||||
21 | responsible for the educational policies
and guidelines for | ||||||
22 | public schools, pre-school through grade
12 and Vocational | ||||||
23 | Education in the State of Illinois. The Board shall
analyze the | ||||||
24 | present and future aims, needs, and requirements of
education | ||||||
25 | in the State of Illinois and recommend to the General Assembly
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26 | the powers which should be exercised by the Board. The Board |
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1 | shall
recommend the passage and the legislation necessary to | ||||||
2 | determine the
appropriate relationship between the Board and | ||||||
3 | local boards of education
and the various State agencies and | ||||||
4 | shall recommend desirable
modifications in the laws which | ||||||
5 | affect schools.
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6 | D. Two members of the Board shall be appointed by the | ||||||
7 | chairperson
to serve on a standing joint Education Committee, 2 | ||||||
8 | others shall be
appointed from the Board of Higher Education, 2
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9 | others shall be appointed by the chairperson of the
Illinois | ||||||
10 | Community College Board, and 2 others shall be appointed by the
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11 | chairperson of the Human Resource Investment Council. The
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12 | Committee shall be
responsible for making recommendations | ||||||
13 | concerning the submission of any
workforce development plan or | ||||||
14 | workforce training program required by federal
law or under any | ||||||
15 | block grant authority. The Committee will be
responsible for | ||||||
16 | developing policy on matters of mutual concern to
elementary, | ||||||
17 | secondary and higher education such as Occupational and
Career | ||||||
18 | Education, Teacher Preparation and Certification, Educational
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19 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
20 | Education
and Research and Planning. The joint Education | ||||||
21 | Committee shall meet at
least quarterly and submit an annual | ||||||
22 | report of its findings,
conclusions, and recommendations to the | ||||||
23 | State Board of Education, the Board of
Higher Education, the | ||||||
24 | Illinois Community College Board,
the Human Resource | ||||||
25 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
26 | meetings of this Committee shall be official meetings for
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1 | reimbursement under this Act. On the effective date of this | ||||||
2 | amendatory Act of the 95th General Assembly, the Joint | ||||||
3 | Education Committee is abolished.
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4 | E. Five members of the Board shall constitute a quorum. A
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5 | majority
vote of the members appointed, confirmed and serving | ||||||
6 | on the Board is
required to approve any action, except that the | ||||||
7 | 7 new Board members who were appointed to fill seats of members | ||||||
8 | whose terms were terminated on the effective date of this | ||||||
9 | amendatory act of the 93rd General Assembly may vote to approve | ||||||
10 | actions when appointed and serving.
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11 | Using the most recently available data, the Board shall | ||||||
12 | prepare and submit to the General Assembly and the
Governor on | ||||||
13 | or before January 14, 1976 and annually thereafter a report
or | ||||||
14 | reports of its findings and recommendations. Such annual report | ||||||
15 | shall
contain a separate section which provides a critique and | ||||||
16 | analysis of the
status of education in Illinois and which | ||||||
17 | identifies its specific problems
and recommends express | ||||||
18 | solutions therefor.
Such annual report also shall contain the | ||||||
19 | following information for the
preceding year ending on June 30: | ||||||
20 | each act or omission of a school district
of which the State | ||||||
21 | Board of Education has knowledge as a consequence of
scheduled, | ||||||
22 | approved visits and which constituted a
failure by the district | ||||||
23 | to comply with applicable State or federal laws or
regulations | ||||||
24 | relating to public education, the name of such district, the | ||||||
25 | date
or dates on which the State Board of Education notified | ||||||
26 | the school district of
such act or omission, and what action, |
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1 | if any, the school district took with
respect thereto after | ||||||
2 | being notified thereof by the State Board of Education.
The | ||||||
3 | report shall also include the statewide high school dropout | ||||||
4 | rate by
grade level, sex and race and the annual student | ||||||
5 | dropout rate of and the
number of students who graduate from, | ||||||
6 | transfer from or otherwise leave
bilingual programs. The | ||||||
7 | Auditor General shall annually perform a
compliance audit of | ||||||
8 | the State Board of Education's performance of the
reporting | ||||||
9 | duty imposed by this amendatory Act of 1986. A regular system | ||||||
10 | of
communication with other directly related State agencies | ||||||
11 | shall be
implemented.
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12 | The requirement for reporting to the General Assembly shall | ||||||
13 | be satisfied
by filing copies of the report with the Speaker, | ||||||
14 | the Minority Leader and
the Clerk of the House of | ||||||
15 | Representatives and the President, the Minority
Leader and the | ||||||
16 | Secretary of the Senate and the Legislative Council, as | ||||||
17 | required
by Section 3.1 of the General
Assembly Organization | ||||||
18 | Act, and
filing such additional
copies with the State | ||||||
19 | Government Report Distribution Center for the General
Assembly | ||||||
20 | as is required under paragraph (t) of Section 7 of the State | ||||||
21 | Library
Act.
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22 | F. Upon appointment of the 7 new Board members who were | ||||||
23 | appointed to fill seats of members whose terms were terminated | ||||||
24 | on the effective date of this amendatory Act of the 93rd | ||||||
25 | General Assembly, the Board shall review all of its current | ||||||
26 | rules in an effort to streamline procedures, improve |
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1 | efficiency, and eliminate unnecessary forms and paperwork.
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2 | (Source: P.A. 95-626, eff. 6-1-08; 95-793, eff. 1-1-09.)
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3 | (105 ILCS 5/10-20.30)
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4 | Sec. 10-20.30. No pass-no play policy. Beginning with the | ||||||
5 | 1998-99 school
year, the school board of each school
district | ||||||
6 | that maintains any of grades 9 through 12 shall establish, | ||||||
7 | implement,
and enforce a uniform and consistent policy under | ||||||
8 | which a student in any of
those grades who fails to maintain a | ||||||
9 | specified minimum grade point average or a
specified minimum | ||||||
10 | grade in each course in which the student is enrolled or both
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11 | is suspended from further participation in any | ||||||
12 | school-sponsored or
school-supported athletic or | ||||||
13 | extracurricular activities for a specified period
or until a | ||||||
14 | specified minimum grade point average or minimum grade or both | ||||||
15 | are
earned by the student. Each school board shall adopt a | ||||||
16 | policy as required by
this Section not later than one year | ||||||
17 | after the effective date of this
amendatory Act of 1997 and | ||||||
18 | shall concurrently file a copy of that policy with
the State | ||||||
19 | Board of Education. After the policy has been in effect for one
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20 | year, the school board shall file a report with the
State Board | ||||||
21 | of Education setting forth the number and length of suspensions
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22 | imposed under the policy during the period covered by the | ||||||
23 | report.
If the school board already has a policy that is | ||||||
24 | consistent with the
requirements of this Section in effect on | ||||||
25 | the effective date of this amendatory
Act of 1997,
it shall |
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1 | file a copy of that policy with the State Board of Education | ||||||
2 | within 90
days after the effective date of this amendatory Act | ||||||
3 | and shall file the annual
report required under this Section 12 | ||||||
4 | months thereafter.
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5 | (Source: P.A. 90-548, eff. 1-1-98.)
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6 | (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)
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7 | Sec. 10-21.4. Superintendent - Duties. Except in districts
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8 | in which there is only one school with less than four
teachers, | ||||||
9 | to employ a superintendent who shall have charge
of the | ||||||
10 | administration of the schools under the direction of
the board | ||||||
11 | of education. In addition to the administrative
duties, the | ||||||
12 | superintendent shall make recommendations to
the board | ||||||
13 | concerning the budget, building plans, the
locations of sites, | ||||||
14 | the selection, retention and dismissal of teachers
and all | ||||||
15 | other employees, the selection of textbooks, instructional | ||||||
16 | material
and courses of study.
However, in districts under a | ||||||
17 | Financial Oversight Panel pursuant to
Section 1A-8 for | ||||||
18 | violating a financial plan, the duties and responsibilities of
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19 | the superintendent in relation to the financial and business | ||||||
20 | operations of the
district shall be approved by the Panel. In | ||||||
21 | the event the Board refuses or
fails to follow a directive or | ||||||
22 | comply with an information request of the Panel,
the | ||||||
23 | performance of those duties shall be subject to the direction | ||||||
24 | of the
Panel.
The superintendent shall also notify the State | ||||||
25 | Board
of Education, the board and the chief administrative |
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1 | official, other than
the alleged perpetrator himself, in the | ||||||
2 | school where the alleged
perpetrator serves, that any person | ||||||
3 | who is employed in a school or
otherwise comes into frequent | ||||||
4 | contact with children
in the school has been named as a | ||||||
5 | perpetrator in an indicated report filed
pursuant to the Abused | ||||||
6 | and Neglected Child Reporting Act, approved June 26,
1975, as | ||||||
7 | amended. The superintendent shall keep or cause to be kept the
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8 | records and accounts as directed and required by the board, aid | ||||||
9 | in making
reports required by the board, and perform such other | ||||||
10 | duties as the board
may delegate to him.
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11 | In addition, each year at a time designated by the State | ||||||
12 | Superintendent of Education,
each
superintendent shall report | ||||||
13 | to the State Board of Education the number of high school | ||||||
14 | students in the
district who are enrolled in accredited courses | ||||||
15 | (for which high school
credit will be awarded upon successful | ||||||
16 | completion of the courses) at any
community college, together | ||||||
17 | with the name and number of the course or
courses which each | ||||||
18 | such student is taking.
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19 | The provisions of this section shall also apply to
board of | ||||||
20 | director districts.
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21 | Notice of intent not to renew
a contract must be given in | ||||||
22 | writing stating the
specific reason therefor by April 1 of the | ||||||
23 | contract
year unless the contract specifically provides | ||||||
24 | otherwise.
Failure to do so will automatically extend the | ||||||
25 | contract
for an additional year. Within 10 days after receipt | ||||||
26 | of
notice of intent not to renew a contract, the superintendent
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1 | may request a closed session hearing on the dismissal. At the | ||||||
2 | hearing the
superintendent has the privilege of presenting | ||||||
3 | evidence, witnesses and
defenses on the grounds for dismissal.
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4 | The provisions of this paragraph shall not apply to a district | ||||||
5 | under a
Financial Oversight Panel pursuant to Section 1A-8 for | ||||||
6 | violating a financial
plan.
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7 | (Source: P.A. 97-256, eff. 1-1-12.)
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8 | (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) | ||||||
9 | Sec. 34-8. Powers and duties of general superintendent. The | ||||||
10 | general superintendent of schools shall prescribe and control,
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11 | subject to the approval of the board and to other provisions of | ||||||
12 | this
Article, the courses of study mandated by State law, | ||||||
13 | textbooks,
educational apparatus and equipment, discipline in | ||||||
14 | and conduct of the
schools, and shall perform such other duties | ||||||
15 | as the board may by rule
prescribe. The superintendent shall | ||||||
16 | also notify the State Board of
Education, the board and the | ||||||
17 | chief administrative official, other than the
alleged | ||||||
18 | perpetrator himself, in the school where the alleged | ||||||
19 | perpetrator
serves, that any person who is employed in a school | ||||||
20 | or otherwise comes into
frequent contact with children in the | ||||||
21 | school has been named as a
perpetrator in an indicated report | ||||||
22 | filed pursuant to the Abused and
Neglected Child Reporting Act, | ||||||
23 | approved June 26, 1975, as amended. | ||||||
24 | The general superintendent may be granted the authority by | ||||||
25 | the board
to hire a specific number of employees to assist in |
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1 | meeting immediate
responsibilities. Conditions of employment | ||||||
2 | for such personnel shall not be
subject to the provisions of | ||||||
3 | Section 34-85. | ||||||
4 | The general superintendent may, pursuant to a delegation of | ||||||
5 | authority by
the board and Section 34-18, approve contracts and | ||||||
6 | expenditures. | ||||||
7 | Pursuant to other provisions of this Article, sites shall | ||||||
8 | be selected,
schoolhouses located thereon and plans therefor | ||||||
9 | approved, and textbooks
and educational apparatus and | ||||||
10 | equipment shall be adopted and purchased
by the board only upon | ||||||
11 | the recommendation of the general superintendent
of schools or | ||||||
12 | by a majority vote of the full membership of the board
and, in | ||||||
13 | the case of textbooks, subject to Article 28 of this Act. The
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14 | board may furnish free textbooks to pupils and may publish its | ||||||
15 | own
textbooks and manufacture its own apparatus, equipment and | ||||||
16 | supplies. | ||||||
17 | In addition, in January of each year,
the general
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18 | superintendent of schools shall report to the State Board of | ||||||
19 | Education the number of high school students
in the district | ||||||
20 | who are enrolled in accredited courses (for which high
school | ||||||
21 | credit will be awarded upon successful completion of the | ||||||
22 | courses) at
any community college, together with the name and | ||||||
23 | number of the course or
courses which each such student is | ||||||
24 | taking. | ||||||
25 | The general superintendent shall also have the authority to | ||||||
26 | monitor the
performance of attendance centers, to identify and |
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1 | place an attendance
center on remediation and probation, and to | ||||||
2 | recommend to the board that the
attendance center be placed on | ||||||
3 | intervention and be reconstituted, subject to
the provisions of | ||||||
4 | Sections 34-8.3 and 8.4. | ||||||
5 | The general superintendent, or his or her designee, shall
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6 | conduct an annual evaluation of each principal in the district
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7 | pursuant to guidelines promulgated by the Board and the Board | ||||||
8 | approved
principal evaluation form. The evaluation
shall be | ||||||
9 | based on factors, including the following:
(i) student academic | ||||||
10 | improvement, as defined by the
school improvement plan; (ii) | ||||||
11 | student absenteeism rates at the school;
(iii) instructional | ||||||
12 | leadership;
(iv) effective implementation of programs, | ||||||
13 | policies, or strategies to
improve student academic | ||||||
14 | achievement; (v) school management;
and (vi) other factors, | ||||||
15 | including, without limitation, the principal's
communication | ||||||
16 | skills and ability to create and maintain a
student-centered | ||||||
17 | learning environment, to develop
opportunities for | ||||||
18 | professional development, and to encourage parental
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19 | involvement and community partnerships to achieve school | ||||||
20 | improvement. | ||||||
21 | Effective no later than September 1, 2012, the general | ||||||
22 | superintendent or his or her designee shall develop a written | ||||||
23 | principal evaluation plan. The evaluation plan must be in | ||||||
24 | writing and shall supersede the evaluation requirements set | ||||||
25 | forth in this Section. The evaluation plan must do at least all | ||||||
26 | of the following: |
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1 | (1) Provide for annual evaluation of all principals | ||||||
2 | employed under a performance contract by the general | ||||||
3 | superintendent or his or her designee, no later than July | ||||||
4 | 1st of each year. | ||||||
5 | (2) Consider the principal's specific duties, | ||||||
6 | responsibilities, management, and competence as a | ||||||
7 | principal. | ||||||
8 | (3) Specify the principal's strengths and weaknesses, | ||||||
9 | with supporting reasons. | ||||||
10 | (4) Align with research-based standards. | ||||||
11 | (5) Use data and indicators on student growth as a | ||||||
12 | significant factor in rating principal performance. | ||||||
13 | (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
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14 | (105 ILCS 5/2-3.11 rep.)
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15 | (105 ILCS 5/2-3.144 rep.)
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16 | (105 ILCS 5/10-20.25a rep.)
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17 | (105 ILCS 5/10-20.26 rep.)
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18 | Section 10. The School Code is amended by repealing | ||||||
19 | Sections 2-3.11, 2-3.144, 10-20.25a, and 10-20.26.
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|