105 ILCS 5/34-8.1
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. 34-8.1)Sec. 34-8.1. Principals. Principals shall be employed to supervise the  operation of each attendance center.  Their powers and duties shall include  but not be limited to the authority (i) to  direct, supervise, evaluate, and suspend with or without pay or otherwise  discipline all teachers, assistant principals, and other employees assigned to  the attendance center in accordance with board rules and policies and (ii) to  direct  all other persons assigned to the  attendance center pursuant to a contract with a third party to provide services  to the school system.  The right to employ, discharge, and layoff shall be  vested solely with the board, provided that decisions to  discharge or suspend  non-certified employees, including disciplinary layoffs, and the  termination of certified employees from employment pursuant to a layoff  or reassignment policy are subject to review under the grievance resolution  procedure adopted pursuant to subsection (c) of Section 10 of the Illinois  Educational Labor Relations Act. The grievance resolution procedure  adopted by the board shall provide for final and binding arbitration, and,  notwithstanding any other provision of law to the contrary, the  arbitrator's decision may include all make-whole relief, including without  limitation reinstatement.  The principal shall fill positions by  appointment as provided in this Section and may make recommendations to the  board regarding the employment, discharge, or layoff of any individual.  The  authority of the principal shall include the  authority to direct the hours during which the attendance center  shall be open and available for use provided the use complies with board rules  and policies, to determine when and what operations shall be conducted within  those hours, and to schedule staff within those hours. Under the direction of, and subject to the authority  of the principal, the Engineer In Charge shall  be accountable for the safe, economical operation of the plant and grounds  and shall also be responsible for orientation, training,  and supervising the work of Engineers,  Trainees, school maintenance assistants, custodial workers and other plant  operation employees under his or her direction.There shall be established by the board a system of semi-annual  evaluations conducted by the principal as to performance of the engineer in charge.  Nothing  in this Section shall prevent the principal from conducting additional  evaluations.  An overall  numerical rating shall be given by the principal based on the evaluation  conducted by the principal.  An unsatisfactory numerical rating shall result in  disciplinary  action, which may include, without limitation and in the judgment of the  principal, loss of  promotion  or bidding procedure, reprimand, suspension with or without pay, or  recommended dismissal.  The board shall establish  procedures for conducting the  evaluation  and reporting the results to the engineer in charge.Under the direction of, and subject to the authority of, the principal, the  Food Service Manager is responsible at  all times for the proper operation and maintenance of the lunch room to which  he is assigned and shall also be responsible for the orientation, training, and  supervising the work of cooks, bakers, porters,  and lunchroom attendants under his or  her direction.There shall be established by the Board a system of semi-annual  evaluations conducted by the principal as to the performance of the food  service manager.  Nothing in this Section shall prevent the principal from conducting  additional evaluations. An overall numerical rating shall be given by the  principal based on the  evaluation conducted by the principal.  An unsatisfactory numerical rating  shall  result in disciplinary action which may include, without limitation and in  the judgment of the principal, loss of promotion or bidding procedure,  reprimand, suspension with or without pay, or recommended dismissal.  The board  shall establish rules for conducting the evaluation and  reporting the results to the food service manager.Nothing in this Section shall be interpreted to require the employment or  assignment of an Engineer-In-Charge or a Food Service Manager for each  attendance center.Principals shall be employed to supervise the educational operation of  each attendance center. If a principal is absent due to extended  illness or leave of absence, an assistant  principal may be assigned as  acting principal for a period not to exceed 100 school days. Each principal  shall assume administrative responsibility and instructional leadership, in  accordance with  reasonable rules and regulations of the board, for the  planning, operation and evaluation of the educational program of the  attendance center to which he is assigned. The principal shall submit  recommendations to the general superintendent concerning the appointment,  dismissal, retention, promotion, and assignment of all personnel assigned to  the attendance center; provided, that from and after September 1, 1989: (i) if  any vacancy occurs in a position at the  attendance center or if an additional or new position is created at the attendance center, that position shall be filled  by appointment made by the principal in accordance with procedures  established and provided by the Board  whenever the majority of the duties included in that position are to be  performed at the attendance center which is under the principal's supervision,  and each such appointment so made by the principal  shall be made and based upon merit and ability to perform in that position  without regard to seniority or length of service, provided, that such  appointments shall be subject to the Board's desegregation obligations,  including but not limited to the Consent Decree and Desegregation Plan in  U.S. v. Chicago Board of Education; (ii)  the principal shall submit recommendations based upon merit and ability to  perform in the particular position, without regard to  seniority or length of service, to the general  superintendent  concerning the appointment of any teacher, teacher aide, counselor, clerk,  hall guard, security guard and any other personnel which is  to be made by the general superintendent whenever less than  a majority  of the duties of that teacher, teacher aide, counselor, clerk, hall guard,  and security guard and any other personnel are to be performed  at the attendance center which is under the principal's supervision; and  (iii) subject to law and the applicable collective bargaining agreements,  the authority and responsibilities of a principal with respect to the  evaluation of all teachers and other personnel assigned to an attendance  center shall commence immediately upon his or her appointment as principal  of the attendance center, without regard to the length of time that he or  she has been the principal of that attendance center.Notwithstanding the existence of any other law of this State, nothing in  this Act shall prevent the board from entering into a contract with a third  party for services currently performed by any employee or bargaining unit  member.Notwithstanding any other provision of this Article, each principal may  approve contracts, binding on the board, in the amount of no more than $10,000,  if the contract is endorsed by the Local School Council.Unless otherwise prohibited by law or by rule of the board, the principal  shall provide to local  school council members copies of all  internal audits and any other pertinent information generated by any audits or  reviews of the programs and operation of the attendance center.Each principal shall hold a valid administrative  certificate issued or exchanged in accordance with Article 21 and endorsed  as required by that Article for the position of principal. The board may  establish or impose academic,  educational, examination, and experience requirements and  criteria that are in addition  to those established and required by Article 21 for issuance of a valid  certificate endorsed for the position of principal as a condition of the nomination, selection,  appointment,  employment, or continued employment of a person as principal of any  attendance center, or as a condition of the renewal of any principal's  performance contract.The board shall specify in its formal job description for principals,  and from and after July 1, 1990 shall specify in the 4 year  performance contracts for use with respect to all principals,  that his or her primary responsibility is in the improvement of  instruction.  A majority of the time spent by a principal shall be spent on  curriculum and staff development through both formal and informal  activities, establishing clear lines of communication regarding school  goals, accomplishments, practices and policies with parents and teachers.  The principal, with the assistance of the local school council, shall  develop a school improvement plan as provided in Section 34-2.4 and, upon  approval of the plan by the local school council, shall  be responsible for directing implementation of the plan. The principal,  with the assistance of the professional personnel leadership committee, shall  develop the specific methods and contents of the school's curriculum within  the board's system-wide curriculum standards and objectives and the  requirements of the school improvement plan. The board shall ensure that all  principals are evaluated on their instructional leadership ability and their  ability to maintain a positive education and learning climate.  It shall also  be the responsibility of the principal to utilize resources of proper law  enforcement agencies when the safety and welfare of students and teachers are  threatened by illegal use of drugs and alcohol, by illegal use or possession  of weapons, or by illegal gang activity.Nothing in this Section shall prohibit the board and the exclusive representative of the district's teachers from entering into an agreement under Section 34-85c of this Code to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations, for teachers assigned to schools identified in that agreement.On or before October 1, 1989, the Board of Education, in consultation  with any professional organization representing principals in the district,  shall promulgate rules and implement a lottery for the purpose of  determining whether a principal's existing performance contract (including  the performance contract applicable to any principal's position in which a  vacancy then exists) expires on June 30, 1990 or on June 30, 1991, and  whether the ensuing 4 year performance contract begins on July 1, 1990 or  July 1, 1991. The Board of Education shall establish and conduct the  lottery in such manner that of all the performance contracts of principals  (including the performance contracts applicable to all principal positions  in which a vacancy then exists), 50% of such contracts shall expire on June  30, 1990, and 50% shall expire on June 30, 1991. All persons serving as  principal on May 1, 1989, and all persons appointed as principal after May  1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than  as provided by Section 34-2.3, shall be deemed by operation of  law to be serving under a performance contract which expires on June 30,  1990 or June 30, 1991; and unless such performance contract of any such  principal is renewed (or such person is again appointed to serve as  principal) in the manner provided by Section 34-2.2 or 34-2.3, the  employment of such person as principal shall terminate on June 30, 1990  or June 30, 1991.Commencing on July 1, 1990, or on July 1, 1991, and thereafter, the  principal of each attendance center shall be the person selected in the  manner provided by Section 34-2.3 to serve as principal of that attendance  center under a 4 year performance contract.  All performance contracts of  principals expiring after July 1, 1990, or July 1, 1991, shall commence on  the date specified in the contract, and the renewal of their performance  contracts and the appointment of principals when their performance contracts  are not renewed shall be governed by Sections 34-2.2 and 34-2.3.  Whenever a  vacancy in the office of a principal occurs for any reason, the vacancy shall  be filled by the selection of a new principal to serve under a 4 year  performance contract in the manner provided by Section 34-2.3.The board of education shall develop and prepare, in consultation with  the organization representing principals, a performance contract for  use  at all attendance centers, and shall furnish the same to each local school  council.  The term of the performance contract shall be 4 years, unless the  principal is retained by the decision of a hearing officer pursuant to  subdivision 1.5 of Section 34-2.3, in which case the contract shall be  extended for 2 years.   The performance  contract of each principal shall consist of the  uniform performance contract, as developed or from time to time modified by the  board, and such additional criteria as are established by a local school  council pursuant to Section 34-2.3 for the performance contract of its  principal.During the term of his or her performance contract, a principal may be  removed only as provided for in the performance contract except for cause.  He or she shall also be obliged to follow the rules of the board of  education concerning conduct and efficiency.In the event the performance contract of a principal is not renewed or a  principal is not reappointed as principal under a new performance contract,  or in the event a principal is appointed to any position of  superintendent or higher position, or voluntarily  resigns his position of principal, his or her employment as a principal  shall terminate and such former principal shall not be  reinstated to the position from which he or she was promoted to principal,  except that he or she, if otherwise qualified and certified in accordance  with Article 21, shall be placed by the board on appropriate eligibility  lists which it prepares for use in the filling of vacant or additional or  newly created positions for teachers. The principal's total years of  service to the board as both a teacher and a principal, or in other  professional capacities, shall be used in calculating years of experience  for purposes of being selected as a teacher into new, additional or vacant  positions.In the event the performance contract of a principal is not renewed or  a principal is not reappointed as principal under a new performance  contract, such principal shall be eligible to continue to receive his or  her previously provided level of health insurance benefits for a period of  90 days following the non-renewal of the contract at no expense to the  principal, provided that such principal has not retired.  (Source: P.A. 99-642, eff. 7-28-16.)