99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4301
 
Introduced , by Rep. Fred Crespo
 
SYNOPSIS AS INTRODUCED:



    
105 ILCS 5/10-21.4 from Ch. 122, par. 10-21.4
105 ILCS 5/10-23.8 from Ch. 122, par. 10-23.8

 Amends the School Code. In provisions requiring a school board (other than the Chicago school district) to employ a superintendent, allows the school board in a school district with boundaries that lie in 3 counties, one county of which has a population exceeding 1,000,000 inhabitants, that has on staff properly licensed assistant superintendents or directors in the areas of instruction, finance, special education, assessments, and career and technology education, to instead appoint a chief executive officer to serve as its superintendent. Requires this chief executive officer to be a person of recognized administrative ability and management experience, hold a master's degree, have been employed with the school district for a minimum of 5 years in an administrative capacity, be responsible for the management of the district, and have all other powers and duties of a superintendent. Exempts the chief executive officer from provisions of the School Code concerning educator qualifications for a period of 5 years. Allows the school board to reappoint the chief executive officer after the 5-year period if the chief executive officer has made substantial progress towards a standard or alternative administrative license, if a program for such is available. Makes related changes.



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A BILL FOR
 


HB4301LRB099 14498 SXM 38615 b



1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Sections 
510-21.4 and 10-23.8 as follows:




6 (105 ILCS 5/10-21.4) (from Ch. 122, par. 10-21.4)



7 Sec. 10-21.4. Superintendent - Duties. Except in districts

8in which there is only one school with fewer less than 4 four

9teachers, to employ a superintendent, who shall have charge
of 
10the administration of the schools under the direction of
the 
11board of education. However, in any school district with 
12boundaries that lie in 3 counties, one county of which has a 
13population exceeding 1,000,000 inhabitants, that has on staff 
14properly licensed assistant superintendents or directors in 
15the areas of instruction, finance, special education, 
16assessments, and career and technology education, the school 
17board may instead, by a vote of a majority of its full 
18membership, appoint a chief executive officer to serve as its 
19superintendent, who shall be a person of recognized 
20administrative ability and management experience, hold a 
21master's degree, have been employed with the school district 
22for a minimum of 5 years in an administrative capacity, be 
23responsible for the management of the district, and have all 
 
 
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1other powers and duties of a superintendent as set forth in 
2this Code, but who shall be exempt from the provisions and 
3requirements of Section 21B-15 of this Code for a period of 5 
4years. The school board may reappoint this chief executive 
5officer after the 5-year period if the chief executive officer 
6has made substantial progress towards a standard or alternative 
7administrative license, if a program for such is available. 
8 In addition to the administrative
duties, the 
9superintendent shall make recommendations to
the board 
10concerning the budget, building plans, the
locations of sites, 
11the selection, retention and dismissal of teachers
and all 
12other employees, the selection of textbooks, instructional 
13material
and courses of study.
However, in districts under a 
14Financial Oversight Panel pursuant to
Section 1A-8 for 
15violating a financial plan, the duties and responsibilities of

16the superintendent in relation to the financial and business 
17operations of the
district shall be approved by the Panel. In 
18the event the Board refuses or
fails to follow a directive or 
19comply with an information request of the Panel,
the 
20performance of those duties shall be subject to the direction 
21of the
Panel.
The superintendent shall also notify the State 
22Board
of Education, the board and the chief administrative 
23official, other than
the alleged perpetrator himself, in the 
24school where the alleged
perpetrator serves, that any person 
25who is employed in a school or
otherwise comes into frequent 
26contact with children
in the school has been named as a 
 
 
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1perpetrator in an indicated report filed
pursuant to the Abused 
2and Neglected Child Reporting Act, approved June 26,
1975, as 
3amended. The superintendent shall keep or cause to be kept the

4records and accounts as directed and required by the board, aid 
5in making
reports required by the board, and perform such other 
6duties as the board
may delegate to him.

7 In addition, each year at a time designated by the State 
8Superintendent of Education,
each
superintendent shall report 
9to the State Board of Education the number of high school 
10students in the
district who are enrolled in accredited courses 
11(for which high school
credit will be awarded upon successful 
12completion of the courses) at any
community college, together 
13with the name and number of the course or
courses which each 
14such student is taking.

15 The provisions of this Section section shall also apply to

16board of director districts.

17 Notice of intent not to renew
a contract must be given in 
18writing stating the
specific reason therefor by April 1 of the 
19contract
year unless the contract specifically provides 
20otherwise.
Failure to do so will automatically extend the 
21contract
for an additional year. Within 10 days after receipt 
22of
notice of intent not to renew a contract, the superintendent

23may request a closed session hearing on the dismissal. At the 
24hearing the
superintendent has the privilege of presenting 
25evidence, witnesses and
defenses on the grounds for dismissal.

26The provisions of this paragraph shall not apply to a district 
 
 
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1under a
Financial Oversight Panel pursuant to Section 1A-8 for 
2violating a financial
plan.

3(Source: P.A. 97-256, eff. 1-1-12.)





4 (105 ILCS 5/10-23.8) (from Ch. 122, par. 10-23.8)



5 Sec. 10-23.8. Superintendent contracts. After the 
6effective date of this amendatory Act of 1997 and the 
7expiration of
contracts in effect on the effective date of this 
8amendatory Act, school
districts may only employ a 
9superintendent or, if authorized by law, a chief executive 
10officer under either a
contract for a period not exceeding one 
11year or a
performance-based
contract for a
period not exceeding 
125 years.

13 Performance-based contracts shall be linked to student

14performance and academic improvement within the schools of the 
15districts. No
performance-based contract shall be extended or 
16rolled-over prior to
its scheduled expiration unless all the 
17performance and improvement goals
contained
in the contract 
18have been met. Each performance-based contract
shall include 
19the goals and indicators of student performance and academic

20improvement determined and used by the local school board to 
21measure the
performance and effectiveness of the 
22superintendent and such other information
as the local school 
23board may determine.

24 By accepting the terms of a multi-year contract, the

25superintendent or chief executive officer waives all rights 
 
 
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1granted him or her under Sections
24-11 through 24-16 of this 
2Act only for the term of the multi-year
contract. Upon 
3acceptance of a multi-year contract, the superintendent or 
4chief executive officer shall
not lose any previously acquired 
5tenure credit with the district.

6(Source: P.A. 90-548, eff. 1-1-98; 91-314, eff. 1-1-00.)