Bill Amendment: IL SB0463 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUCATION-TECH

Status: 2024-07-01 - Public Act . . . . . . . . . 103-0617 [SB0463 Detail]

Download: Illinois-2023-SB0463-Senate_Amendment_001.html

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Sen. Meg Loughran Cappel

Filed: 4/9/2024

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AMENDMENT TO SENATE BILL 463
AMENDMENT NO. ______. Amend Senate Bill 463 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing
Sections 24-11 and 24A-7 as follows:
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School
Inspectors - Contractual continued service.
(a) As used in this and the succeeding Sections of this
Article:
"Teacher" means any or all school district employees
regularly required to be licensed under laws relating to the
licensure of teachers.
"Board" means board of directors, board of education, or
board of school inspectors, as the case may be.
"School term" means that portion of the school year, July

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1 to the following June 30, when school is in actual session.
"Program" means a program of a special education joint
agreement.
"Program of a special education joint agreement" means
instructional, consultative, supervisory, administrative,
diagnostic, and related services that are managed by a special
educational joint agreement designed to service 2 or more
school districts that are members of the joint agreement.
"PERA implementation date" means the implementation date
of an evaluation system for teachers as specified by Section
24A-2.5 of this Code for all schools within a school district
or all programs of a special education joint agreement.
(b) This Section and Sections 24-12 through 24-16 of this
Article apply only to school districts having less than
500,000 inhabitants.
(c) Any teacher who is first employed as a full-time
teacher in a school district or program prior to the PERA
implementation date and who is employed in that district or
program for a probationary period of 4 consecutive school
terms shall enter upon contractual continued service in the
district or in all of the programs that the teacher is legally
qualified to hold, unless the teacher is given written notice
of dismissal by certified mail, return receipt requested, by
the employing board at least 45 days before the end of any
school term within such period.
(d) For any teacher who is first employed as a full-time

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teacher in a school district or program on or after the PERA
implementation date but before July 1, 2023, the probationary
period shall be one of the following periods, based upon the
teacher's school terms of service and performance, before the
teacher shall enter upon contractual continued service in the
district or in all of the programs that the teacher is legally
qualified to hold, unless the teacher is given written notice
of dismissal by certified mail, return receipt requested, by
the employing board on or before April 15:
(1) 4 consecutive school terms of service in which the
teacher holds a Professional Educator License and receives
overall annual evaluation ratings of at least "Proficient"
in the last school term and at least "Proficient" in
either the second or third school terms;
(2) 3 consecutive school terms of service in which the
teacher holds a Professional Educator License and receives
2 overall annual evaluations of "Excellent"; or
(3) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License and receives
2 overall annual evaluations of "Excellent" service, but
only if the teacher (i) previously attained contractual
continued service in a different school district or
program in this State, (ii) voluntarily departed or was
honorably dismissed from that school district or program
in the school term immediately prior to the teacher's
first school term of service applicable to the attainment

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of contractual continued service under this subdivision
(3), and (iii) received, in his or her 2 most recent
overall annual or biennial evaluations from the prior
school district or program, ratings of at least
"Proficient", with both such ratings occurring after the
school district's or program's PERA implementation date.
For a teacher to attain contractual continued service
under this subdivision (3), the teacher shall provide
official copies of his or her 2 most recent overall annual
or biennial evaluations from the prior school district or
program to the new school district or program within 60
days from the teacher's first day of service with the new
school district or program. The prior school district or
program must provide the teacher with official copies of
his or her 2 most recent overall annual or biennial
evaluations within 14 days after the teacher's request. If
a teacher has requested such official copies prior to 45
days after the teacher's first day of service with the new
school district or program and the teacher's prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3), then
the time period for the teacher to submit the official
copies to his or her new school district or program must be
extended until 14 days after receipt of such copies from
the prior school district or program. If the prior school
district or program fails to provide the teacher with the

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official copies required under this subdivision (3) within
90 days from the teacher's first day of service with the
new school district or program, then the new school
district or program shall rely upon the teacher's own
copies of his or her evaluations for purposes of this
subdivision (3).
If the teacher does not receive overall annual evaluations
of "Excellent" in the school terms necessary for eligibility
to achieve accelerated contractual continued service in
subdivisions (2) and (3) of this subsection (d), the teacher
shall be eligible for contractual continued service pursuant
to subdivision (1) of this subsection (d). If, at the
conclusion of 4 consecutive school terms of service that count
toward attainment of contractual continued service, the
teacher's performance does not qualify the teacher for
contractual continued service under subdivision (1) of this
subsection (d), then the teacher shall not enter upon
contractual continued service and shall be dismissed. If a
performance evaluation is not conducted for any school term
when such evaluation is required to be conducted under Section
24A-5 of this Code, then the teacher's performance evaluation
rating for such school term for purposes of determining the
attainment of contractual continued service shall be deemed
"Proficient", except that, during any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency

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Management Agency Act, this default to "Proficient" does not
apply to any teacher who has entered into contractual
continued service and who was deemed "Excellent" on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed "Excellent", and whose performance evaluation is
not conducted when the evaluation is required to be conducted
shall receive a teacher's performance rating deemed
"Excellent". A school board and any exclusive bargaining
representative may mutually agree to an alternate performance
rating for teachers not in contractual continued service
during any time in which the Governor has declared a disaster
due to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, as long as the
agreement is in writing.
(d-5) For any teacher who is first employed as a full-time
teacher in a school district or program on or after July 1,
2023, the probationary period shall be one of the following
periods, based upon the teacher's school terms of service and
performance, before the teacher shall enter upon contractual

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continued service in the district or in all of the programs
that the teacher is legally qualified to hold, unless the
teacher is given written notice of dismissal by certified
mail, return receipt requested, by the employing board on or
before April 15:
(1) 3 consecutive school terms of service in which the
teacher holds a Professional Educator License and receives
overall annual evaluation ratings of at least "Proficient"
in the second and third school terms;
(2) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License and receives
2 overall annual evaluations of "Excellent"; or
(3) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License and receives
2 overall annual evaluations of "Excellent" service, but
only if the teacher (i) previously attained contractual
continued service in a different school district or
program in this State, (ii) voluntarily departed or was
honorably dismissed from that school district or program
in the school term immediately prior to the teacher's
first school term of service applicable to the attainment
of contractual continued service under this subdivision
(3), and (iii) received, in his or her 2 most recent
overall annual or biennial evaluations from the prior
school district or program, ratings of at least
"Proficient", with both such ratings occurring after the

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school district's or program's PERA implementation date.
For a teacher to attain contractual continued service
under this subdivision (3), the teacher shall provide
official copies of his or her 2 most recent overall annual
or biennial evaluations from the prior school district or
program to the new school district or program within 60
days from the teacher's first day of service with the new
school district or program. The prior school district or
program must provide the teacher with official copies of
his or her 2 most recent overall annual or biennial
evaluations within 14 days after the teacher's request. If
a teacher has requested such official copies prior to 45
days after the teacher's first day of service with the new
school district or program and the teacher's prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3), then
the time period for the teacher to submit the official
copies to his or her new school district or program must be
extended until 14 days after receipt of such copies from
the prior school district or program. If the prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3) within
90 days from the teacher's first day of service with the
new school district or program, then the new school
district or program shall rely upon the teacher's own
copies of his or her evaluations for purposes of this

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subdivision (3).
If the teacher does not receive overall annual evaluations
of "Excellent" in the school terms necessary for eligibility
to achieve accelerated contractual continued service in
subdivisions (2) and (3) of this subsection (d), the teacher
shall be eligible for contractual continued service pursuant
to subdivision (1) of this subsection (d). If, at the
conclusion of 3 consecutive school terms of service that count
toward attainment of contractual continued service, the
teacher's performance does not qualify the teacher for
contractual continued service under subdivision (1) of this
subsection (d), then the teacher shall not enter upon
contractual continued service and shall be dismissed. If a
performance evaluation is not conducted for any school term
when such evaluation is required to be conducted under Section
24A-5 of this Code, then the teacher's performance evaluation
rating for such school term for purposes of determining the
attainment of contractual continued service shall be deemed
"Proficient", except that, during any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, this default to "Proficient" does not
apply to any teacher who has entered into contractual
continued service and who was deemed "Excellent" on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency

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pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed "Excellent", and whose performance evaluation is
not conducted when the evaluation is required to be conducted
shall receive a teacher's performance rating deemed
"Excellent". A school board and any exclusive bargaining
representative may mutually agree to an alternate performance
rating for teachers not in contractual continued service
during any time in which the Governor has declared a disaster
due to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, as long as the
agreement is in writing.
(e) For the purposes of determining contractual continued
service, a school term shall be counted only toward attainment
of contractual continued service if the teacher actually
teaches or is otherwise present and participating in the
district's or program's educational program for 120 days or
more, provided that the days of leave under the federal Family
Medical Leave Act that the teacher is required to take until
the end of the school term shall be considered days of teaching
or participation in the district's or program's educational
program. A school term that is not counted toward attainment

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of contractual continued service shall not be considered a
break in service for purposes of determining whether a teacher
has been employed for consecutive school terms, provided that
the teacher actually teaches or is otherwise present and
participating in the district's or program's educational
program in the following school term.
(f) If the employing board determines to dismiss the
teacher in the last year of the probationary period as
provided in subsection (c) of this Section or subdivision (1)
or (2) of subsection (d) of this Section or subdivision (1) or
(2) of subsection (d-5) of this Section, but not subdivision
(3) of subsection (d) of this Section or subdivision (3) of
subsection (d-5) of this Section, the written notice of
dismissal provided by the employing board must contain
specific reasons for dismissal. Any full-time teacher who does
not receive written notice from the employing board on or
before April 15 as provided in this Section and whose
performance does not require dismissal after the fourth
probationary year pursuant to subsection (d) of this Section
or the third probationary year pursuant to subsection (d-5) of
this Section shall be re-employed for the following school
term.
(g) Contractual continued service shall continue in effect
the terms and provisions of the contract with the teacher
during the last school term of the probationary period,
subject to this Act and the lawful regulations of the

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employing board. This Section and succeeding Sections do not
modify any existing power of the board except with respect to
the procedure of the discharge of a teacher and reductions in
salary as hereinafter provided. Contractual continued service
status shall not restrict the power of the board to transfer a
teacher to a position which the teacher is qualified to fill or
to make such salary adjustments as it deems desirable, but
unless reductions in salary are uniform or based upon some
reasonable classification, any teacher whose salary is reduced
shall be entitled to a notice and a hearing as hereinafter
provided in the case of certain dismissals or removals.
(h) If, by reason of any change in the boundaries of school
districts, by reason of a special education cooperative
reorganization or dissolution in accordance with Section
10-22.31 of this Code, or by reason of the creation of a new
school district, the position held by any teacher having a
contractual continued service status is transferred from one
board to the control of a new or different board, then the
contractual continued service status of the teacher is not
thereby lost, and such new or different board is subject to
this Code with respect to the teacher in the same manner as if
the teacher were its employee and had been its employee during
the time the teacher was actually employed by the board from
whose control the position was transferred.
(i) The employment of any teacher in a program of a special
education joint agreement established under Section 3-15.14,

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10-22.31 or 10-22.31a shall be governed by this and succeeding
Sections of this Article. For purposes of attaining and
maintaining contractual continued service and computing length
of continuing service as referred to in this Section and
Section 24-12, employment in a special educational joint
program shall be deemed a continuation of all previous
licensed employment of such teacher for such joint agreement
whether the employer of the teacher was the joint agreement,
the regional superintendent, or one of the participating
districts in the joint agreement.
(j) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of a reduction in the number of
programs or positions in the joint agreement in which the
notice of dismissal is provided on or before the end of the
2010-2011 school term, the teacher in contractual continued
service is eligible for employment in the joint agreement
programs for which the teacher is legally qualified in order
of greater length of continuing service in the joint
agreement, unless an alternative method of determining the
sequence of dismissal is established in a collective
bargaining agreement. For any teacher employed after July 1,
1987 as a full-time teacher in a program of a special education
joint agreement, whether the program is operated by the joint

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agreement or a member district on behalf of the joint
agreement, in the event of a reduction in the number of
programs or positions in the joint agreement in which the
notice of dismissal is provided during the 2011-2012 school
term or a subsequent school term, the teacher shall be
included on the honorable dismissal lists of all joint
agreement programs for positions for which the teacher is
qualified and is eligible for employment in such programs in
accordance with subsections (b) and (c) of Section 24-12 of
this Code and the applicable honorable dismissal policies of
the joint agreement.
(k) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of the dissolution of a joint
agreement, in which the notice to teachers of the dissolution
is provided during the 2010-2011 school term, the teacher in
contractual continued service who is legally qualified shall
be assigned to any comparable position in a member district
currently held by a teacher who has not entered upon
contractual continued service or held by a teacher who has
entered upon contractual continued service with a shorter
length of contractual continued service. Any teacher employed
after July 1, 1987 as a full-time teacher in a program of a
special education joint agreement, whether the program is

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operated by the joint agreement or a member district on behalf
of the joint agreement, in the event of the dissolution of a
joint agreement in which the notice to teachers of the
dissolution is provided during the 2011-2012 school term or a
subsequent school term, the teacher who is qualified shall be
included on the order of honorable dismissal lists of each
member district and shall be assigned to any comparable
position in any such district in accordance with subsections
(b) and (c) of Section 24-12 of this Code and the applicable
honorable dismissal policies of each member district.
(l) The governing board of the joint agreement, or the
administrative district, if so authorized by the articles of
agreement of the joint agreement, rather than the board of
education of a school district, may carry out employment and
termination actions including dismissals under this Section
and Section 24-12.
(m) The employment of any teacher in a special education
program authorized by Section 14-1.01 through 14-14.01, or a
joint educational program established under Section 10-22.31a,
shall be under this and the succeeding Sections of this
Article, and such employment shall be deemed a continuation of
the previous employment of such teacher in any of the
participating districts, regardless of the participation of
other districts in the program.
(n) Any teacher employed as a full-time teacher in a
special education program prior to September 23, 1987 in which

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2 or more school districts participate for a probationary
period of 2 consecutive years shall enter upon contractual
continued service in each of the participating districts,
subject to this and the succeeding Sections of this Article,
and, notwithstanding Section 24-1.5 of this Code, in the event
of the termination of the program shall be eligible for any
vacant position in any of such districts for which such
teacher is qualified.
(Source: P.A. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22;
103-500, eff. 8-4-23.)
(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
Sec. 24A-7. Rules.
(a) The State Board of Education is authorized to adopt
such rules as are deemed necessary to implement and accomplish
the purposes and provisions of this Article, including, but
not limited to, rules:
(1) relating to the methods for measuring student
growth (including, but not limited to, limitations on the
age of usable data; the amount of data needed to reliably
and validly measure growth for the purpose of teacher and
principal evaluations; and whether and at what time annual
State assessments may be used as one of multiple measures
of student growth);
(2) defining the term "significant factor" for
purposes of including consideration of student growth in

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performance ratings;
(3) controlling for such factors as student
characteristics (including, but not limited to, students
receiving special education and English Learner services),
student attendance, and student mobility so as to best
measure the impact that a teacher, principal, school and
school district has on students' academic achievement;
(4) establishing minimum requirements for district
teacher and principal evaluation instruments and
procedures; and
(5) establishing a model evaluation plan for use by
school districts in which student growth shall comprise
50% of the performance rating.
Notwithstanding any other provision in this Section, such
rules shall not preclude a school district having 500,000 or
more inhabitants from using an annual State assessment as the
sole measure of student growth for purposes of teacher or
principal evaluations.
(b) The State Superintendent of Education shall convene a
Performance Evaluation Advisory Council, which shall be
staffed by the State Board of Education. Members of the
Council shall be selected by the State Superintendent and
include, without limitation, representatives of teacher unions
and school district management, persons with expertise in
performance evaluation processes and systems, as well as other
stakeholders. The Council shall meet at least quarterly and

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may also meet at the call of the chairperson of the Council,
following August 18, 2017 (the effective date of Public Act
100-211) until June 30, 2024. The Council shall advise the
State Board of Education on the ongoing implementation of
performance evaluations in this State, which may include
gathering public feedback, sharing best practices, consulting
with the State Board on any proposed rule changes regarding
evaluations, and other subjects as determined by the
chairperson of the Council.
(c) On July 1, 2024, the State Superintendent of Education
shall convene a Performance Evaluation Advisory Committee for
the purpose of maintaining and improving the evaluator
training and pre-qualification program in this State under
Section 24A-3. The Committee shall be staffed by the State
Board of Education. Members of the Committee shall include,
without limitation, representatives from providers of the
evaluator retraining and pre-qualification program in this
State, which include teacher unions, school district
management, including a school district organized under
Article 34, and a statewide organization representing regional
offices of education. Members of the Committee shall be
nominated by the providers and appointed by the State
Superintendent.
The Committee shall meet initially at the call of the
State Superintendent and shall select one member as
chairperson at its initial meeting. The Committee shall meet

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at least quarterly and may also meet at the call of the
chairperson of the Committee.
The Committee shall advise the State Board of Education on
the continued implementation of the evaluator training and
pre-qualification program in this State, which may include the
development and delivery of the program's existing and new
administrators' academies, gathering feedback from program
instructors and participants, sharing best practices,
consulting with the State Board on any proposed rule changes
regarding evaluator training, and other subjects as determined
by the chairperson of the Committee.
(d) Prior to the applicable implementation date, the these
rules shall not apply to teachers assigned to schools
identified in an agreement entered into between the board of a
school district operating under Article 34 of this Code and
the exclusive representative of the district's teachers in
accordance with Section 34-85c of this Code.
(Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.)