105 ILCS 5/34-2.3
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 34 - Cities Of Over 500,000 Inhabitants - Board Of Education

 (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 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 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 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 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 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 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 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 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 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 8 members of a local school council enrolling students through the 8th grade or 9   members of a local school council at a secondary attendance center or an attendance center enrolling students in grades 7 through 12, 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 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 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 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 or 18-8.15 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     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 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 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; and3. 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 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; (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 or dress code policy; and (iii) shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture, including, but not limited to, protective hairstyles such as braids, locks, and twists.  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. If a local school council does not comply with the requirements and prohibitions set forth in this paragraph 14, the attendance center is subject to the penalty imposed pursuant to subsection (a) of Section 2-3.25.15. 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. 102-360, eff. 1-1-22; 102-677, eff. 12-3-21.)