Bill Text: IL HB2793 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that, on and after September 1, 2026, all teacher evaluation ratings on record as "excellent", "proficient", or "needs improvement" are considered "effective" and all teacher evaluation ratings on record as "unsatisfactory" are considered "ineffective" for the purposes of the Employment of Teachers Article. Makes other changes concerning the waiver or modification of mandates; school report cards; license suspension or revocation; contractual continued service; removal or dismissal of teachers; an optional alternative evaluative dismissal process; the content of evaluation plans; the appointment and promotion of teachers in Chicago; and alternative procedures for teacher evaluation, remediation, and removal in Chicago. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - Referred to Rules Committee [HB2793 Detail]

Download: Illinois-2025-HB2793-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2793 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/10-17a
105 ILCS 5/21B-75
105 ILCS 5/24-9.5 new
105 ILCS 5/24-11 from Ch. 122, par. 24-11
105 ILCS 5/24-12
105 ILCS 5/24-16.5
105 ILCS 5/24A-5 from Ch. 122, par. 24A-5
105 ILCS 5/24A-5.5
105 ILCS 5/34-84 from Ch. 122, par. 34-84
105 ILCS 5/34-85c
Amends the School Code. Provides that, on and after September 1, 2026, all teacher evaluation ratings on record as "excellent", "proficient", or "needs improvement" are considered "effective" and all teacher evaluation ratings on record as "unsatisfactory" are considered "ineffective" for the purposes of the Employment of Teachers Article. Makes other changes concerning the waiver or modification of mandates; school report cards; license suspension or revocation; contractual continued service; removal or dismissal of teachers; an optional alternative evaluative dismissal process; the content of evaluation plans; the appointment and promotion of teachers in Chicago; and alternative procedures for teacher evaluation, remediation, and removal in Chicago. Effective immediately.
LRB104 03475 LNS 13498 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB2793 LRB104 03475 LNS 13498 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
2-3.25g, 10-17a, 21B-75, 24-11, 24-12, 24-16.5, 24A-5,
24A-5.5, 34-84, and 34-85c and by adding Section 24-9.5 as
follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within
the School Code and administrative rules and regulations.
(a) In this Section:
"Board" means a school board or the governing board or
administrative district, as the case may be, for a joint
agreement.
"Eligible applicant" means a school district, joint
agreement made up of school districts, or regional
superintendent of schools on behalf of schools and
programs operated by the regional office of education.
"Implementation date" has the meaning set forth in
Section 24A-2.5 of this Code.
"State Board" means the State Board of Education.
(b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible

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applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code
may be requested when the waivers are necessary to stimulate
innovation or improve student performance or when the
applicant demonstrates that it can address the intent of the
mandate of the School Code in a more effective, efficient, or
economical manner. Waivers may not be requested from laws,
rules, and regulations pertaining to special education,
teacher educator licensure, teacher tenure and seniority, or
Section 5-2.1 of this Code or from compliance with the Every
Student Succeeds Act (Public Law 114-95). Eligible applicants
may not seek a waiver or seek a modification of a mandate
regarding the requirements for (i) student performance data to
be a significant factor in teacher or principal evaluations or
(ii) teachers and principals to be rated using the 4
categories of "excellent", "proficient", "needs improvement",
or "unsatisfactory" or, on and after September 1, 2026,
teachers to be rated using the 2 categories of "effective" and

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"ineffective". On September 1, 2014, any previously authorized
waiver or modification from such requirements shall terminate.
(c) Eligible applicants, as a matter of inherent
managerial policy, and any Independent Authority established
under Section 2-3.25f-5 of this Code may submit an application
for a waiver or modification authorized under this Section.
Each application must include a written request by the
eligible applicant or Independent Authority and must
demonstrate that the intent of the mandate can be addressed in
a more effective, efficient, or economical manner or be based
upon a specific plan for improved student performance and
school improvement. Any eligible applicant requesting a waiver
or modification for the reason that intent of the mandate can
be addressed in a more economical manner shall include in the
application a fiscal analysis showing current expenditures on
the mandate and projected savings resulting from the waiver or
modification. Applications and plans developed by eligible
applicants must be approved by the board or regional
superintendent of schools applying on behalf of schools or
programs operated by the regional office of education
following a public hearing on the application and plan and the
opportunity for the board or regional superintendent to hear
testimony from staff directly involved in its implementation,
parents, and students. The time period for such testimony
shall be separate from the time period established by the
eligible applicant for public comment on other matters.

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(c-5) If the applicant is a school district, then the
district shall post information that sets forth the time,
date, place, and general subject matter of the public hearing
on its Internet website at least 14 days prior to the hearing.
If the district is requesting to increase the fee charged for
driver education authorized pursuant to Section 27-24.2 of
this Code, the website information shall include the proposed
amount of the fee the district will request. All school
districts must publish a notice of the public hearing at least
7 days prior to the hearing in a newspaper of general
circulation within the school district that sets forth the
time, date, place, and general subject matter of the hearing.
Districts requesting to increase the fee charged for driver
education shall include in the published notice the proposed
amount of the fee the district will request. If the applicant
is a joint agreement or regional superintendent, then the
joint agreement or regional superintendent shall post
information that sets forth the time, date, place, and general
subject matter of the public hearing on its Internet website
at least 14 days prior to the hearing. If the joint agreement
or regional superintendent is requesting to increase the fee
charged for driver education authorized pursuant to Section
27-24.2 of this Code, the website information shall include
the proposed amount of the fee the applicant will request. All
joint agreements and regional superintendents must publish a
notice of the public hearing at least 7 days prior to the

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hearing in a newspaper of general circulation in each school
district that is a member of the joint agreement or that is
served by the educational service region that sets forth the
time, date, place, and general subject matter of the hearing,
provided that a notice appearing in a newspaper generally
circulated in more than one school district shall be deemed to
fulfill this requirement with respect to all of the affected
districts. Joint agreements or regional superintendents
requesting to increase the fee charged for driver education
shall include in the published notice the proposed amount of
the fee the applicant will request. The eligible applicant
must notify either electronically or in writing the affected
exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory of
its intent to seek approval of a waiver or modification and of
the hearing to be held to take testimony from staff. The
affected exclusive collective bargaining agents shall be
notified of such public hearing at least 7 days prior to the
date of the hearing and shall be allowed to attend such public
hearing. The eligible applicant shall attest to compliance
with all of the notification and procedural requirements set
forth in this Section.
(d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by

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the board or regional superintendent of schools. The
application as submitted to the State Board of Education shall
include a description of the public hearing. Following receipt
of the waiver or modification request, the State Board shall
have 45 days to review the application and request. If the
State Board fails to disapprove the application within that
45-day period, the waiver or modification shall be deemed
granted. The State Board may disapprove any request if it is
not based upon sound educational practices, endangers the
health or safety of students or staff, compromises equal
opportunities for learning, or fails to demonstrate that the
intent of the rule or mandate can be addressed in a more
effective, efficient, or economical manner or have improved
student performance as a primary goal. Any request disapproved
by the State Board may be appealed to the General Assembly by
the eligible applicant as outlined in this Section.
A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the
number of people who spoke as proponents or opponents of the
waiver, a brief description of their comments, and whether
there were any written statements submitted. The State Board

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shall review the applications and requests for completeness
and shall compile the requests in reports to be filed with the
General Assembly. The State Board shall file reports outlining
the waivers requested by eligible applicants and appeals by
eligible applicants of requests disapproved by the State Board
with the Senate and the House of Representatives before each
March 1 and October 1.
The report shall be reviewed by a panel of 4 members
consisting of:
(1) the Speaker of the House of Representatives;
(2) the Minority Leader of the House of
Representatives;
(3) the President of the Senate; and
(4) the Minority Leader of the Senate.
The State Board of Education may provide the panel
recommendations on waiver requests. The members of the panel
shall review the report submitted by the State Board of
Education and submit to the State Board of Education any
notice of further consideration to any waiver request within
14 days after the member receives the report. If 3 or more of
the panel members submit a notice of further consideration to
any waiver request contained within the report, the State
Board of Education shall submit the waiver request to the
General Assembly for consideration. If less than 3 panel
members submit a notice of further consideration to a waiver
request, the waiver may be approved, denied, or modified by

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the State Board. If the State Board does not act on a waiver
request within 10 days, then the waiver request is approved.
If the waiver request is denied by the State Board, it shall
submit the waiver request to the General Assembly for
consideration.
The General Assembly may disapprove any waiver request
submitted to the General Assembly pursuant to this subsection
(d) in whole or in part within 60 calendar days after each
house of the General Assembly next convenes after the waiver
request is submitted by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60-day period, the waiver or
modification shall be deemed granted. Any resolution adopted
by the General Assembly disapproving a report of the State
Board in whole or in part shall be binding on the State Board.
(e) An approved waiver or modification may remain in
effect for a period not to exceed 5 school years and may be
renewed upon application by the eligible applicant. However,
such waiver or modification may be changed within that 5-year
period by a board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the
General Assembly disapproves, the change is deemed granted.

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(f) (Blank).
(Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19;
101-81, eff. 7-12-19.)
(105 ILCS 5/10-17a)
Sec. 10-17a. State, school district, and school report
cards; Expanded High School Snapshot Report.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical means provide to each school
district in this State, including special charter districts
and districts subject to the provisions of Article 34, the
report cards for the school district and each of its schools.
Because of the impacts of the COVID-19 public health emergency
during school year 2020-2021, the State Board of Education
shall have until December 31, 2021 to prepare and provide the
report cards that would otherwise be due by October 31, 2021.
During a school year 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, the report
cards for the school districts and each of its schools shall be
prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators

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and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the number and the percentage of all students in
grades kindergarten through 8, disaggregated by the
student demographics described in this paragraph (A), in
each of the following categories: (i) those who have been
assessed for placement in a gifted education program or
accelerated placement, (ii) those who have enrolled in a
gifted education program or in accelerated placement, and
(iii) for each of categories (i) and (ii), those who
received direct instruction from a teacher who holds a
gifted education endorsement; the number and the
percentage of all students in grades 9 through 12,
disaggregated by the student demographics described in

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this paragraph (A), who have been enrolled in an advanced
academic program; the percentage of students scoring at
the "exceeds expectations" level on the assessments
required under Section 2-3.64a-5 of this Code; the
percentage of students who annually transferred in or out
of the school district; average daily attendance; the
per-pupil operating expenditure of the school district;
and the per-pupil State average operating expenditure for
the district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual credit courses,
foreign language classes, computer science courses, school
personnel resources (including Career Technical Education
teachers), before and after school programs,
extracurricular activities, subjects in which elective
classes are offered, health and wellness initiatives
(including the average number of days of Physical
Education per week per student), approved programs of
study, awards received, community partnerships, and
special programs such as programming for the gifted and
talented, students with disabilities, and work-study
students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth

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grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course, and the percentage
of students with disabilities under the federal
Individuals with Disabilities Education Act and Article 14
of this Code who have fulfilled the minimum State
graduation requirements set forth in Section 27-22 of this
Code and have been issued a regular high school diploma;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the

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percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10
absences in a school year for reasons other than
professional development, leaves taken pursuant to the
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, the number of teachers who are National Board
Certified Teachers, disaggregated by race and ethnicity, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, the combined percentage of teachers
rated as proficient or excellent or, on and after
September 1, 2026, the percentage of teachers rated as
"effective" in their most recent evaluation, and,
beginning with the 2022-2023 school year, data on the

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number of incidents of violence that occurred on school
grounds or during school-related activities and that
resulted in an out-of-school suspension, expulsion, or
removal to an alternative setting, as reported pursuant to
Section 2-3.162;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in

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paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12;
(N) whether the school offered its students career and
technical education opportunities; and
(O) beginning with the October 2024 report card, the
total number of school counselors, school social workers,
school nurses, and school psychologists by school,
district, and State, the average number of students per
school counselor in the school, district, and State, the
average number of students per school social worker in the
school, district, and State, the average number of
students per school nurse in the school, district, and
State, and the average number of students per school
psychologist in the school, district, and State.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and

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environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Accelerated placement" has the meaning ascribed to that
term in Section 14A-17 of this Code.
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study,
including, but not limited to, accelerated placement, advanced
placement coursework, International Baccalaureate coursework,
dual credit, or any course designated as enriched or honors,
that a student is enrolled in based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.
"Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as

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keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
(2.5) For any school report card prepared after July 1,
2025, for all high school graduation completion rates that are
reported on the school report card as required under this
Section or by any other State or federal law, the State
Superintendent of Education shall also report the percentage
of students who did not meet the requirements of high school
graduation completion for any reason and, of those students,
the percentage that are classified as students who fulfill the
requirements of Section 14-16 of this Code.
The State Superintendent shall ensure that for the
2023-2024 school year there is a specific code for districts
to report students who fulfill the requirements of Section
14-16 of this Code to ensure accurate reporting under this
Section.
All reporting requirements under this subsection (2.5)
shall be included on the school report card where high school

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graduation completion rates are reported, along with a brief
explanation of how fulfilling the requirements of Section
14-16 of this Code is different from receiving a regular high
school diploma.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including

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special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(7) As used in this subsection (7):
"Advanced coursework or programs" means any high school
courses, sequence of courses, or class or grouping of students
organized to provide more rigorous, enriched, advanced,

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accelerated, gifted, or above grade-level instruction. This
may include, but is not limited to, Advanced Placement
courses, International Baccalaureate courses, honors,
weighted, advanced, or enriched courses, or gifted or
accelerated programs, classrooms, or courses.
"Course" means any high school class or course offered by
a school that is assigned a school course code by the State
Board of Education.
"High school" means a school that maintains any of grades
9 through 12.
"Standard coursework or programs" means any high school
courses or classes other than advanced coursework or programs.
By December 31, 2027 and by December 31 of each subsequent
year, the State Board of Education, through the State
Superintendent of Education, shall prepare a stand-alone
report covering all public high schools in this State, to be
referred to as the Expanded High School Coursework Snapshot
Report. The State Board shall post the Report on the State
Board's Internet website. Each school district with high
school enrollment for the reporting year shall include on the
school district's Internet website, if the district maintains
an Internet website, a hyperlink to the Report on the State
Board's Internet website titled "Expanded High School
Coursework Snapshot Report". Hyperlinks under this subsection
(7) shall be displayed in a manner that is easily accessible to
the public.

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The Expanded High School Coursework Snapshot Report shall
include:
(A) a listing of all standard coursework or programs
that have high school student enrollment;
(B) a listing of all advanced coursework or programs
that have high school student enrollment;
(C) a listing of all coursework or programs that have
high school student enrollment by English learners;
(D) a listing of all coursework or programs that have
high school student enrollment by students with
disabilities;
(E) data tables and graphs comparing advanced
coursework or programs enrollment with standard coursework
or programs enrollment according to the following
parameters:
(i) the average years of experience of all
teachers in a high school who are assigned to teach
advanced coursework or programs compared with the
average years of experience of all teachers in the
high school who are assigned to teach standard
coursework or programs;
(ii) the average years of experience of all
teachers in a high school who are assigned to teach
coursework or programs that have high school
enrollment by students with disabilities compared with
the average years of experience of all teachers in the

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high school who are not assigned to teach coursework
or programs that have high school student enrollment
by students with disabilities;
(iii) the average years of experience of all
teachers in a high school who are assigned to teach
coursework or programs that have high school student
enrollment by English learners compared with the
average years of experience of all teachers in the
high school who are not assigned to teach coursework
or programs that have high school student enrollment
by English learners;
(iv) the number of high school teachers who
possess bachelor's degrees, master's degrees, or
higher degrees and who are assigned to teach advanced
coursework or programs compared with the number of
teachers who possess bachelor's degrees, master's
degrees, or higher degrees and who are assigned to
teach standard coursework or programs;
(v) the number of high school teachers who possess
bachelor's degrees, master's degrees, or higher
degrees and who are assigned to teach coursework or
programs that have high school student enrollment by
students with disabilities compared with the number of
teachers who possess bachelor's degrees, master's
degrees, or higher degrees and who are not assigned to
teach coursework or programs that have high school

HB2793 - 23 - LRB104 03475 LNS 13498 b
student enrollment by students with disabilities;
(vi) the number of high school teachers who
possess bachelor's degrees, master's degrees, or
higher degrees and who are assigned to teach
coursework or programs that have high school student
enrollment by English learners compared with the
number of teachers who possess bachelor's degrees,
master's degrees, or higher degrees and who are not
assigned to teach coursework or programs that have
high school student enrollment by English learners;
(vii) the average student enrollment of advanced
coursework or programs offered in a high school
compared with the average student enrollment of
standard coursework or programs;
(viii) the percentages of high school students, by
race, gender, and program student group, who are
enrolled in advanced coursework or programs;
(ix) (blank);
(x) (blank);
(xi) (blank);
(xii) (blank);
(xiii) (blank);
(xiv) the percentage of high school students, by
race, gender, and program student group, who earn the
equivalent of a C grade or higher on a grade A through
F scale in one or more advanced coursework or programs

HB2793 - 24 - LRB104 03475 LNS 13498 b
compared with the percentage of high school students,
by race, gender, and program student group, who earn
the equivalent of a C grade or higher on a grade A
through F scale in one or more standard coursework or
programs;
(xv) (blank);
(xvi) (blank); and
(F) data tables and graphs for each race and ethnicity
category and gender category describing:
(i) the total student number and student
percentage for Advanced Placement courses taken by
race and ethnicity category and gender category;
(ii) the total student number and student
percentage for International Baccalaureate courses
taken by race and ethnicity category and gender
category;
(iii) (blank);
(iv) (blank); and
(v) the total student number and student
percentage of high school students who earn a score of
3 or higher on the Advanced Placement exam associated
with an Advanced Placement course.
For data on teacher experience and education under this
subsection (7), a teacher who teaches a combination of courses
designated as advanced coursework or programs, courses or
programs that have high school student enrollment by English

HB2793 - 25 - LRB104 03475 LNS 13498 b
learners, or standard coursework or programs shall be included
in all relevant categories and the teacher's level of
experience shall be added to the categories.
(Source: P.A. 102-16, eff. 6-17-21; 102-294, eff. 1-1-22;
102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594, eff.
7-1-22; 102-813, eff. 5-13-22; 103-116, eff. 6-30-23; 103-263,
eff. 6-30-23; 103-413, eff, 1-1-24; 103-503, eff. 1-1-24;
103-605, eff. 7-1-24; 103-780, eff. 8-2-24.)
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license,
endorsement, or approval.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the
exclusive authority, in accordance with this Section and any
rules adopted by the State Board of Education, in consultation
with the State Educator Preparation and Licensure Board, to
initiate the suspension of up to 5 calendar years or
revocation of any license, endorsement, or approval issued
pursuant to this Article for abuse or neglect of a child,
sexual misconduct as defined in subsection (c) of Section
22-85.5 of this Code, immorality, a condition of health
detrimental to the welfare of pupils, incompetency,

HB2793 - 26 - LRB104 03475 LNS 13498 b
unprofessional conduct (which includes the failure to disclose
on an employment application any previous conviction for a sex
offense, as defined in Section 21B-80 of this Code, or any
other offense committed in any other state or against the laws
of the United States that, if committed in this State, would be
punishable as a sex offense, as defined in Section 21B-80 of
this Code), the neglect of any professional duty, willful or
negligent failure to report an instance of suspected child
abuse or neglect as required by the Abused and Neglected Child
Reporting Act, or other just cause. Negligent failure to
report an instance of suspected child abuse or neglect occurs
when a teacher personally observes an instance of suspected
child abuse or neglect and reasonably believes, in his or her
professional or official capacity, that the instance
constitutes an act of child abuse or neglect under the Abused
and Neglected Child Reporting Act, and he or she, without
willful intent, fails to immediately report or cause a report
to be made of the suspected abuse or neglect to the Department
of Children and Family Services, as required by the Abused and
Neglected Child Reporting Act. Unprofessional conduct shall
include the refusal to attend or participate in institutes,
teachers' meetings, or professional readings or to meet other
reasonable requirements of the regional superintendent of
schools or State Superintendent of Education. Unprofessional
conduct also includes conduct that violates the standards,
ethics, or rules applicable to the security, administration,

HB2793 - 27 - LRB104 03475 LNS 13498 b
monitoring, or scoring of or the reporting of scores from any
assessment test or examination administered under Section
2-3.64a-5 of this Code or that is known or intended to produce
or report manipulated or artificial, rather than actual,
assessment or achievement results or gains from the
administration of those tests or examinations. Unprofessional
conduct shall also include neglect or unnecessary delay in the
making of statistical and other reports required by school
officers. Incompetency shall include, without limitation, 2 or
more school terms of service for which the license holder has
received an unsatisfactory or, on and after September 1, 2026,
ineffective rating on a performance evaluation conducted
pursuant to Article 24A of this Code within a period of 7
school terms of service. In determining whether to initiate
action against one or more licenses based on incompetency and
the recommended sanction for such action, the State
Superintendent shall consider factors that include without
limitation all of the following:
(1) Whether the unsatisfactory or ineffective
evaluation ratings occurred prior to June 13, 2011 (the
effective date of Public Act 97-8).
(2) Whether the unsatisfactory or ineffective
evaluation ratings occurred prior to or after the
implementation date, as defined in Section 24A-2.5 of this
Code, of an evaluation system for teachers in a school
district.

HB2793 - 28 - LRB104 03475 LNS 13498 b
(3) Whether the evaluator or evaluators who performed
an unsatisfactory or ineffective evaluation met the
pre-licensure and training requirements set forth in
Section 24A-3 of this Code.
(4) The time between the unsatisfactory or ineffective
evaluation ratings.
(5) The quality of the remediation plans associated
with the unsatisfactory or ineffective evaluation ratings
and whether the license holder successfully completed the
remediation plans.
(6) Whether the unsatisfactory or ineffective
evaluation ratings were related to the same or different
assignments performed by the license holder.
(7) Whether one or more of the unsatisfactory or
ineffective evaluation ratings occurred in the first year
of a teaching or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the

HB2793 - 29 - LRB104 03475 LNS 13498 b
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child,
immorality, a condition of health detrimental to the welfare
of pupils, incompetency (subject to subsection (b) of this
Section), unprofessional conduct, the neglect of any
professional duty, or other just cause, further investigate
and, if and as appropriate, serve written notice to the
individual and afford the individual opportunity for a hearing
prior to suspension, revocation, or other sanction; provided
that the State Superintendent is under no obligation to
initiate such an investigation if the Department of Children
and Family Services is investigating the same or substantially
similar allegations and its child protective service unit has
not made its determination, as required under Section 7.12 of
the Abused and Neglected Child Reporting Act. If the State
Superintendent of Education does not receive from an
individual a request for a hearing within 10 days after the
individual receives notice, the suspension, revocation, or
other sanction shall immediately take effect in accordance
with the notice. If a hearing is requested within 10 days after
notice of an opportunity for hearing, it shall act as a stay of
proceedings until the State Educator Preparation and Licensure
Board issues a decision. Any hearing shall take place in the
educational service region where the educator is or was last

HB2793 - 30 - LRB104 03475 LNS 13498 b
employed and in accordance with rules adopted by the State
Board of Education, in consultation with the State Educator
Preparation and Licensure Board, and such rules shall include
without limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may
be reasonably necessary to establish the existence of any

HB2793 - 31 - LRB104 03475 LNS 13498 b
alleged misconduct. At any stage of the investigation, the
State Superintendent may issue a subpoena requiring the
attendance and testimony of a witness, including the license
holder, and the production of any evidence, including files,
records, correspondence, or documents, relating to any matter
in question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present,
but the State Superintendent shall provide the license holder
with a copy of any recorded testimony prior to a hearing under
this Section. Such recorded testimony must not be used as
evidence at a hearing, unless the license holder has adequate
notice of the testimony and the opportunity to cross-examine
the witness. Failure of a license holder to comply with a duly
issued, investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this Section is confidential and must
not be disclosed to third parties, except (i) as necessary for
the State Superintendent of Education or his or her designee
to investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license

HB2793 - 32 - LRB104 03475 LNS 13498 b
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings
in civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and
the production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct

HB2793 - 33 - LRB104 03475 LNS 13498 b
and hearings related thereto.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22;
102-702, eff. 7-1-23.)
(105 ILCS 5/24-9.5 new)
Sec. 24-9.5. Teacher evaluation ratings on and after
September 1, 2026. On and after September 1, 2026, pursuant to
this Section, all teacher evaluation ratings on record as
"excellent", "proficient", or "needs improvement" are
considered "effective" and all teacher evaluation ratings on
record as "unsatisfactory" are considered "ineffective" for
the purposes of this Article.
(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
1 to the following June 30, when school is in actual session.
"Program" means a program of a special education joint

HB2793 - 34 - LRB104 03475 LNS 13498 b
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
teacher in a school district or program on or after the PERA
implementation date but before July 1, 2023, the probationary

HB2793 - 35 - LRB104 03475 LNS 13498 b
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, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives overall annual
evaluation ratings of at least "Proficient" or, on or
after September 1, 2026, "effective" in the last school
term and at least "Proficient" or, on or after September
1, 2026, "effective" in either the second or third school
terms;
(2) (blank); or 3 consecutive school terms of service
in which the teacher holds a Professional Educator
License, an Educator License with Stipulations with a
career and technical educator endorsement, or an Educator
License with Stipulations with a provisional career and
technical educator endorsement and receives 2 overall
annual evaluations of "Excellent"; or
(3) 2 consecutive school terms of service in which the

HB2793 - 36 - LRB104 03475 LNS 13498 b
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent" or, on or after September 1,
2026, "effective" 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" or, on or after September
1, 2026, "effective", 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

HB2793 - 37 - LRB104 03475 LNS 13498 b
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 subdivision (3).
If the teacher does not receive overall annual evaluations
of "Excellent" or, on or after September 1, 2026, "effective"
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

HB2793 - 38 - LRB104 03475 LNS 13498 b
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" or, on or after
September 1, 2026, "effective", 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"
or, on or after September 1, 2026, "effective" does not apply
to any teacher who has entered into contractual continued
service and who was deemed "Excellent" or, on or after
September 1, 2026, "effective" 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

HB2793 - 39 - LRB104 03475 LNS 13498 b
service, whose most recent evaluation was deemed "Excellent"
or, on or after September 1, 2026, "effective", and whose
performance evaluation is not conducted when the evaluation is
required to be conducted shall receive a teacher's performance
rating deemed "Excellent" or, on or after September 1, 2026,
"effective". 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
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, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with

HB2793 - 40 - LRB104 03475 LNS 13498 b
Stipulations with a provisional career and technical
educator endorsement and receives overall annual
evaluation ratings of at least "Proficient" or, on or
after September 1, 2026, "effective" in the second and
third school terms;
(2) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent" or, on or after September 1,
2026, "effective"; or
(3) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent" or, on or after September 1,
2026, "effective" 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

HB2793 - 41 - LRB104 03475 LNS 13498 b
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" or, on or after September
1, 2026, "effective", 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

HB2793 - 42 - LRB104 03475 LNS 13498 b
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 subdivision (3).
If the teacher does not receive overall annual evaluations
of "Excellent" or, on or after September 1, 2026, "effective"
in the school terms necessary for eligibility to achieve
accelerated contractual continued service in subdivisions (2)
and (3) of this subsection (d-5), the teacher shall be
eligible for contractual continued service pursuant to
subdivision (1) of this subsection (d-5). 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-5), 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" or, on or after September 1, 2026, "effective",

HB2793 - 43 - LRB104 03475 LNS 13498 b
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" or, on or after September 1,
2026, "effective" does not apply to any teacher who has
entered into contractual continued service and who was deemed
"Excellent" or, on or after September 1, 2026, "effective" 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" or, on or after September 1, 2026,
"effective", and whose performance evaluation is not conducted
when the evaluation is required to be conducted shall receive
a teacher's performance rating deemed "Excellent" or, on or
after September 1, 2026, "effective". 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.

HB2793 - 44 - LRB104 03475 LNS 13498 b
(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
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

HB2793 - 45 - LRB104 03475 LNS 13498 b
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
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

HB2793 - 46 - LRB104 03475 LNS 13498 b
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,
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

HB2793 - 47 - LRB104 03475 LNS 13498 b
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
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

HB2793 - 48 - LRB104 03475 LNS 13498 b
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
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.

HB2793 - 49 - LRB104 03475 LNS 13498 b
(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
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; 103-617, eff. 7-1-24.)
(105 ILCS 5/24-12)
Sec. 24-12. Removal or dismissal of teachers in
contractual continued service.
(a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is

HB2793 - 50 - LRB104 03475 LNS 13498 b
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining
the sequence of dismissal is established in a collective
bargaining agreement or contract between the board and a
professional faculty members' organization and except that
this provision shall not impair the operation of any
affirmative action program in the district, regardless of
whether it exists by operation of law or is conducted on a

HB2793 - 51 - LRB104 03475 LNS 13498 b
voluntary basis by the board. Any teacher dismissed as a
result of such decrease or discontinuance shall be paid all
earned compensation on or before the third business day
following the last day of pupil attendance in the regular
school term.
If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time equivalent positions filled by
certified employees (excluding principals and administrative
personnel) during the preceding school year, then if the board
has any vacancies for the following school term or within 2
calendar years from the beginning of the following school
term, the positions so becoming available shall be tendered to
the teachers who were so notified and removed or dismissed
whenever they are legally qualified to hold such positions.
Each board shall, in consultation with any exclusive employee
representatives, each year establish a list, categorized by
positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an
alternative method of determining a sequence of dismissal is
established as provided for in this Section, in which case a

HB2793 - 52 - LRB104 03475 LNS 13498 b
list shall be made in accordance with the alternative method.
Copies of the list shall be distributed to the exclusive
employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5, or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the board also shall hold a public
hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
(b) If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
electronic mail, certified mail, return receipt requested, or
personal delivery with receipt on or before April 15, together
with a statement of honorable dismissal and the reason
therefor, and in all such cases the sequence of dismissal
shall occur in accordance with this subsection (b); except
that this subsection (b) shall not impair the operation of any
affirmative action program in the school district, regardless
of whether it exists by operation of law or is conducted on a

HB2793 - 53 - LRB104 03475 LNS 13498 b
voluntary basis by the board.
Each teacher must be categorized into one or more
positions for which the teacher is qualified to hold, based
upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the school year during which
the sequence of dismissal is determined. Within each position
and subject to agreements made by the joint committee on
honorable dismissals that are authorized by subsection (c) of
this Section, the school district or joint agreement must
establish 4 groupings of teachers or, on or after September 1,
2026, 3 groupings of teachers qualified to hold the position
as follows:
(1) Grouping one shall consist of each teacher who is
not in contractual continued service and who (i) has not
received a performance evaluation rating, (ii) is employed
for one school term or less to replace a teacher on leave,
or (iii) is employed on a part-time basis. "Part-time
basis" for the purposes of this subsection (b) means a
teacher who is employed to teach less than a full-day,
teacher workload or less than 5 days of the normal student
attendance week, unless otherwise provided for in a
collective bargaining agreement between the district and
the exclusive representative of the district's teachers.
For the purposes of this Section, a teacher (A) who is
employed as a full-time teacher but who actually teaches

HB2793 - 54 - LRB104 03475 LNS 13498 b
or is otherwise present and participating in the
district's educational program for less than a school term
or (B) who, in the immediately previous school term, was
employed on a full-time basis and actually taught or was
otherwise present and participated in the district's
educational program for 120 days or more is not considered
employed on a part-time basis.
(2) Grouping 2 shall consist of each teacher with a
Needs Improvement or Unsatisfactory performance evaluation
rating on either of the teacher's last 2 performance
evaluation ratings. However, on and after September 1,
2026, grouping 2 shall consist of each teacher with an
"ineffective" performance evaluation rating on the
teacher's most recent performance evaluation rating.
(3) Grouping 3 shall consist of each teacher with a
performance evaluation rating of at least Satisfactory or
Proficient on both of the teacher's last 2 performance
evaluation ratings, if 2 ratings are available, or on the
teacher's last performance evaluation rating, if only one
rating is available, unless the teacher qualifies for
placement into grouping 4. However, on and after September
1, 2026, grouping 3 shall consist of each teacher with a
performance evaluation rating of "effective" on the
teacher's last performance evaluation rating, provided
that the teacher did not have an "ineffective" performance
evaluation rating on the most recent performance

HB2793 - 55 - LRB104 03475 LNS 13498 b
evaluation rating.
(4) Grouping 4 shall consist of each teacher whose
last 2 performance evaluation ratings are Excellent and
each teacher with 2 Excellent performance evaluation
ratings out of the teacher's last 3 performance evaluation
ratings with a third rating of Satisfactory or Proficient.
However, beginning on September 1, 2026, there is no
grouping 4.
Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last. However, on and after September 1, 2026,
teachers in grouping one shall be dismissed first, teachers in
grouping 2 dismissed second, and teachers in grouping 3
dismissed last.
Prior to September 1, 2026 Within grouping one, the
sequence of dismissal within grouping one must be at the
discretion of the school district or joint agreement, and .
Within grouping 2, the sequence of dismissal within grouping 2
must be based upon average performance evaluation ratings,
with the teacher or teachers with the lowest average
performance evaluation rating dismissed first. A teacher's
average performance evaluation rating must be calculated using
the average of the teacher's last 2 performance evaluation
ratings, if 2 ratings are available, or the teacher's last
performance evaluation rating, if only one rating is

HB2793 - 56 - LRB104 03475 LNS 13498 b
available, using the following numerical values: 4 for
Excellent; 3 for Proficient or Satisfactory; 2 for Needs
Improvement; and 1 for Unsatisfactory. As between or among
teachers in grouping 2 with the same average performance
evaluation rating and within each of groupings 3 and 4, the
teacher or teachers with the shorter length of continuing
service with the school district or joint agreement must be
dismissed first unless an alternative method of determining
the sequence of dismissal is established in a collective
bargaining agreement or contract between the board and a
professional faculty members' organization. On and after
September 1, 2026, the sequence of dismissal shall be as
follows: Within grouping one, the sequence of dismissal must
be at the discretion of the school district or joint
agreement. As between or among teachers in groupings 2 and 3,
the teacher or teachers with the shorter length of continuing
service with the school district or joint agreement must be
dismissed first unless an alternative method of determining
the sequence of dismissal is established in a collective
bargaining agreement or contract between the board and a
professional faculty members' organization.
Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing

HB2793 - 57 - LRB104 03475 LNS 13498 b
each teacher by name, along with the race or ethnicity of the
teacher if provided by the teacher, and categorized by
positions and the groupings defined in this subsection (b)
must be distributed to the exclusive bargaining representative
at least 75 days before the end of the school term, provided
that the school district or joint agreement may, with notice
to any exclusive employee representatives, move teachers from
grouping one into another grouping during the period of time
from 75 days until April 15. Each year, each board shall also
establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
Prior to September 1, 2026, if If the board or joint
agreement has any vacancies for the following school term or
within one calendar year from the beginning of the following
school term, the positions thereby becoming available must be

HB2793 - 58 - LRB104 03475 LNS 13498 b
tendered to the teachers so removed or dismissed who were in
grouping 3 or 4 of the sequence of dismissal and are qualified
to hold the positions, based upon legal qualifications and any
other qualifications established in a district or joint
agreement job description, on or before the May 10 prior to the
date of the positions becoming available, provided that if the
number of honorable dismissal notices based on economic
necessity exceeds 15% of the number of full-time equivalent
positions filled by certified employees (excluding principals
and administrative personnel) during the preceding school
year, then the recall period is for the following school term
or within 2 calendar years from the beginning of the following
school term. Prior to September 1, 2026, if If the board or
joint agreement has any vacancies within the period from the
beginning of the following school term through February 1 of
the following school term (unless a date later than February
1, but no later than 6 months from the beginning of the
following school term, is established in a collective
bargaining agreement), the positions thereby becoming
available must be tendered to the teachers so removed or
dismissed who were in grouping 2 of the sequence of dismissal
due to one "needs improvement" rating on either of the
teacher's last 2 performance evaluation ratings, provided
that, if 2 ratings are available, the other performance
evaluation rating used for grouping purposes is
"satisfactory", "proficient", or "excellent", and are

HB2793 - 59 - LRB104 03475 LNS 13498 b
qualified to hold the positions, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the date of the positions becoming available.
On and after July 1, 2014 (the effective date of Public Act
98-648) and before September 1, 2026, the preceding sentence
shall apply to teachers removed or dismissed by honorable
dismissal, even if notice of honorable dismissal occurred
during the 2013-2014 school year. Among teachers eligible for
recall pursuant to the preceding sentence, the order of recall
must be in inverse order of dismissal, unless an alternative
order of recall is established in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization. Whenever the number of
honorable dismissal notices based upon economic necessity
exceeds 5 notices or 150% of the average number of teachers
honorably dismissed in the preceding 3 years, whichever is
more, then the school board or governing board of a joint
agreement, as applicable, shall also hold a public hearing on
the question of the dismissals. Following the hearing and
board review, the action to approve any such reduction shall
require a majority vote of the board members. Beginning on
September 1, 2026, if the board or joint agreement has any
vacancies for the following school term or within one calendar
year from the beginning of the following school term, the
positions thereby becoming available must be tendered to the

HB2793 - 60 - LRB104 03475 LNS 13498 b
teachers so removed or dismissed who were in grouping 2 or 3 of
the sequence of dismissal and are qualified to hold the
positions, based upon legal qualifications and any other
qualifications established in a district or joint agreement
job description, on or before the May 10 prior to the date of
the positions becoming available, provided that if the number
of honorable dismissal notices based on economic necessity
exceeds 15% of the number of full-time equivalent positions
filled by licensed employees (excluding principals and
administrative personnel) during the preceding school year,
then the recall period is for the following school term or
within 2 calendar years from the beginning of the following
school term. Among teachers eligible for recall pursuant to
the preceding sentence, the order of recall must be in inverse
order of dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization.
For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement
determining the sequence of dismissal, not including any

HB2793 - 61 - LRB104 03475 LNS 13498 b
performance evaluation conducted during or at the end of a
remediation period. No more than one evaluation rating each
school term shall be one of the evaluation ratings used for the
purpose of determining the sequence of dismissal. Except as
otherwise provided in this subsection for any performance
evaluations conducted during or at the end of a remediation
period, if multiple performance evaluations are conducted in a
school term, only the rating from the last evaluation
conducted prior to establishing the sequence of honorable
dismissal list in such school term shall be the one evaluation
rating from that school term used for the purpose of
determining the sequence of dismissal. Averaging ratings from
multiple evaluations is not permitted unless otherwise agreed
to in a collective bargaining agreement or contract between
the board and a professional faculty members' organization.
The preceding 3 sentences are not a legislative declaration
that existing law does or does not already require that only
one performance evaluation each school term shall be used for
the purpose of determining the sequence of dismissal. For
performance evaluation ratings determined prior to September
1, 2012, any school district or joint agreement with a
performance evaluation rating system that does not use either
of the rating category systems specified in subsection (d) of
Section 24A-5 of this Code for all teachers must establish a
basis for assigning each teacher a rating that complies with
subsection (d) of Section 24A-5 of this Code for all of the

HB2793 - 62 - LRB104 03475 LNS 13498 b
performance evaluation ratings that are to be used to
determine the sequence of dismissal. A teacher's grouping and
ranking on a sequence of honorable dismissal shall be deemed a
part of the teacher's performance evaluation, and that
information shall be disclosed to the exclusive bargaining
representative as part of a sequence of honorable dismissal
list, notwithstanding any laws prohibiting disclosure of such
information. A performance evaluation rating may be used to
determine the sequence of dismissal, notwithstanding the
pendency of any grievance resolution or arbitration procedures
relating to the performance evaluation. If a teacher has
received at least one performance evaluation rating conducted
by the school district or joint agreement determining the
sequence of dismissal and a subsequent performance evaluation
is not conducted in any school year in which such evaluation is
required to be conducted under Section 24A-5 of this Code, the
teacher's performance evaluation rating for that school year
for purposes of determining the sequence of dismissal is
deemed Proficient or, on or after September 1, 2026,
effective, 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 or, on or after
September 1, 2026, effective does not apply to any teacher who
has entered into contractual continued service and who was
deemed Excellent or, on or after September 1, 2026, effective

HB2793 - 63 - LRB104 03475 LNS 13498 b
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 have mutually agreed to an
alternate performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed Excellent or, on or after September 1, 2026,
effective, and whose performance evaluation is not conducted
when the evaluation is required to be conducted shall receive
a teacher's performance rating deemed Excellent or, on or
after September 1, 2026, effective. 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. If a performance
evaluation rating is nullified as the result of an
arbitration, administrative agency, or court determination,
then the school district or joint agreement is deemed to have
conducted a performance evaluation for that school year, but
the performance evaluation rating may not be used in
determining the sequence of dismissal.
Nothing in this subsection (b) shall be construed as

HB2793 - 64 - LRB104 03475 LNS 13498 b
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) that may conflict with Public Act 97-8
shall remain in effect through the expiration of such
agreement or June 30, 2013, whichever is earlier.
(c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
(1) Prior to September 1, 2026, the The joint
committee must consider and may agree to criteria for
excluding from grouping 2 and placing into grouping 3 a
teacher whose last 2 performance evaluations include a
Needs Improvement and either a Proficient or Excellent.
(2) Prior to September 1, 2026, the The joint
committee must consider and may agree to an alternative
definition for grouping 4, which definition must take into

HB2793 - 65 - LRB104 03475 LNS 13498 b
account prior performance evaluation ratings and may take
into account other factors that relate to the school
district's or program's educational objectives. An
alternative definition for grouping 4 may not permit the
inclusion of a teacher in the grouping with a Needs
Improvement or Unsatisfactory performance evaluation
rating on either of the teacher's last 2 performance
evaluation ratings.
(3) The joint committee may agree to including within
the definition of a performance evaluation rating a
performance evaluation rating administered by a school
district or joint agreement other than the school district
or joint agreement determining the sequence of dismissal.
(4) For each school district or joint agreement that
administers performance evaluation ratings that are
inconsistent with either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code,
the school district or joint agreement must consult with
the joint committee on the basis for assigning a rating
that complies with subsection (d) of Section 24A-5 of this
Code to each performance evaluation rating that will be
used in a sequence of dismissal.
(5) Upon request by a joint committee member submitted
to the employing board by no later than 10 days after the
distribution of the sequence of honorable dismissal list,
a representative of the employing board shall, within 5

HB2793 - 66 - LRB104 03475 LNS 13498 b
days after the request, provide to members of the joint
committee a list showing the most recent and prior
performance evaluation ratings of each teacher identified
only by length of continuing service in the district or
joint agreement and not by name. If, after review of this
list, a member of the joint committee has a good faith
belief that a disproportionate number of teachers with
greater length of continuing service with the district or
joint agreement have received a recent performance
evaluation rating lower than the prior rating, the member
may request that the joint committee review the list to
assess whether such a trend may exist. Following the joint
committee's review, but by no later than the end of the
applicable school term, the joint committee or any member
or members of the joint committee may submit a report of
the review to the employing board and exclusive bargaining
representative, if any. Nothing in this paragraph (5)
shall impact the order of honorable dismissal or a school
district's or joint agreement's authority to carry out a
dismissal in accordance with subsection (b) of this
Section.
Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this

HB2793 - 67 - LRB104 03475 LNS 13498 b
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
(d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
(1) If a dismissal of a teacher in contractual
continued service is sought for any reason or cause other
than an honorable dismissal under subsections (a) or (b)
of this Section or a dismissal sought under Section
24-16.5 of this Code, including those under Section
10-22.4, the board must first approve a motion containing

HB2793 - 68 - LRB104 03475 LNS 13498 b
specific charges by a majority vote of all its members.
Written notice of such charges, including a bill of
particulars and the teacher's right to request a hearing,
must be mailed to the teacher and also given to the teacher
either by electronic mail, certified mail, return receipt
requested, or personal delivery with receipt within 5 days
of the adoption of the motion. Any written notice sent on
or after July 1, 2012 shall inform the teacher of the right
to request a hearing before a mutually selected hearing
officer, with the cost of the hearing officer split
equally between the teacher and the board, or a hearing
before a board-selected hearing officer, with the cost of
the hearing officer paid by the board.
Before setting a hearing on charges stemming from
causes that are considered remediable, a board must give
the teacher reasonable warning in writing, stating
specifically the causes that, if not removed, may result
in charges; however, no such written warning is required
if the causes have been the subject of a remediation plan
pursuant to Article 24A of this Code.
If, in the opinion of the board, the interests of the
school require it, the board may suspend the teacher
without pay, pending the hearing, but if the board's
dismissal or removal is not sustained, the teacher shall
not suffer the loss of any salary or benefits by reason of
the suspension.

HB2793 - 69 - LRB104 03475 LNS 13498 b
(2) No hearing upon the charges is required unless the
teacher within 17 days after receiving notice requests in
writing of the board that a hearing be scheduled before a
mutually selected hearing officer or a hearing officer
selected by the board. The secretary of the school board
shall forward a copy of the notice to the State Board of
Education.
(3) Within 5 business days after receiving a notice of
hearing in which either notice to the teacher was sent
before July 1, 2012 or, if the notice was sent on or after
July 1, 2012, the teacher has requested a hearing before a
mutually selected hearing officer, the State Board of
Education shall provide a list of 5 prospective, impartial
hearing officers from the master list of qualified,
impartial hearing officers maintained by the State Board
of Education. Each person on the master list must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience directly related to
labor and employment relations matters between employers
and employees or their exclusive bargaining
representatives and (ii) beginning September 1, 2012, have
participated in training provided or approved by the State
Board of Education for teacher dismissal hearing officers
so that he or she is familiar with issues generally
involved in evaluative and non-evaluative dismissals.
If notice to the teacher was sent before July 1, 2012

HB2793 - 70 - LRB104 03475 LNS 13498 b
or, if the notice was sent on or after July 1, 2012, the
teacher has requested a hearing before a mutually selected
hearing officer, the board and the teacher or their legal
representatives within 3 business days shall alternately
strike one name from the list provided by the State Board
of Education until only one name remains. Unless waived by
the teacher, the teacher shall have the right to proceed
first with the striking. Within 3 business days of receipt
of the list provided by the State Board of Education, the
board and the teacher or their legal representatives shall
each have the right to reject all prospective hearing
officers named on the list and notify the State Board of
Education of such rejection. Within 3 business days after
receiving this notification, the State Board of Education
shall appoint a qualified person from the master list who
did not appear on the list sent to the parties to serve as
the hearing officer, unless the parties notify it that
they have chosen to alternatively select a hearing officer
under paragraph (4) of this subsection (d).
If the teacher has requested a hearing before a
hearing officer selected by the board, the board shall
select one name from the master list of qualified
impartial hearing officers maintained by the State Board
of Education within 3 business days after receipt and
shall notify the State Board of Education of its
selection.

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A hearing officer mutually selected by the parties,
selected by the board, or selected through an alternative
selection process under paragraph (4) of this subsection
(d) (A) must not be a resident of the school district, (B)
must be available to commence the hearing within 75 days
and conclude the hearing within 120 days after being
selected as the hearing officer, and (C) must issue a
decision as to whether the teacher must be dismissed and
give a copy of that decision to both the teacher and the
board within 30 days from the conclusion of the hearing or
closure of the record, whichever is later.
Any hearing convened during a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act may be convened remotely. Any hearing officer
for a hearing convened during a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act may voluntarily withdraw from the hearing and
another hearing officer shall be selected or appointed
pursuant to this Section.
In this paragraph, "pre-hearing procedures" refers to
the pre-hearing procedures under Section 51.55 of Title 23
of the Illinois Administrative Code and "hearing" refers
to the hearing under Section 51.60 of Title 23 of the
Illinois Administrative Code. Any teacher who has been
charged with engaging in acts of corporal punishment,
physical abuse, grooming, or sexual misconduct and who

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previously paused pre-hearing procedures or a hearing
pursuant to Public Act 101-643 must proceed with selection
of a hearing officer or hearing date, or both, within the
timeframes established by this paragraph (3) and
paragraphs (4) through (6) of this subsection (d), unless
the timeframes are mutually waived in writing by both
parties, and all timelines set forth in this Section in
cases concerning corporal punishment, physical abuse,
grooming, or sexual misconduct shall be reset to begin the
day after April 22, 2022 (the effective date of Public Act
102-708). Any teacher charged with engaging in acts of
corporal punishment, physical abuse, grooming, or sexual
misconduct on or after April 22, 2022 (the effective date
of Public Act 102-708) may not pause pre-hearing
procedures or a hearing.
(4) In the alternative to selecting a hearing officer
from the list received from the State Board of Education
or accepting the appointment of a hearing officer by the
State Board of Education or if the State Board of
Education cannot provide a list or appoint a hearing
officer that meets the foregoing requirements, the board
and the teacher or their legal representatives may
mutually agree to select an impartial hearing officer who
is not on the master list either by direct appointment by
the parties or by using procedures for the appointment of
an arbitrator established by the Federal Mediation and

HB2793 - 73 - LRB104 03475 LNS 13498 b
Conciliation Service or the American Arbitration
Association. The parties shall notify the State Board of
Education of their intent to select a hearing officer
using an alternative procedure within 3 business days of
receipt of a list of prospective hearing officers provided
by the State Board of Education, notice of appointment of
a hearing officer by the State Board of Education, or
receipt of notice from the State Board of Education that
it cannot provide a list that meets the foregoing
requirements, whichever is later.
(5) If the notice of dismissal was sent to the teacher
before July 1, 2012, the fees and costs for the hearing
officer must be paid by the State Board of Education. If
the notice of dismissal was sent to the teacher on or after
July 1, 2012, the hearing officer's fees and costs must be
paid as follows in this paragraph (5). The fees and
permissible costs for the hearing officer must be
determined by the State Board of Education. If the board
and the teacher or their legal representatives mutually
agree to select an impartial hearing officer who is not on
a list received from the State Board of Education, they
may agree to supplement the fees determined by the State
Board to the hearing officer, at a rate consistent with
the hearing officer's published professional fees. If the
hearing officer is mutually selected by the parties, then
the board and the teacher or their legal representatives

HB2793 - 74 - LRB104 03475 LNS 13498 b
shall each pay 50% of the fees and costs and any
supplemental allowance to which they agree. If the hearing
officer is selected by the board, then the board shall pay
100% of the hearing officer's fees and costs. The fees and
costs must be paid to the hearing officer within 14 days
after the board and the teacher or their legal
representatives receive the hearing officer's decision set
forth in paragraph (7) of this subsection (d).
(6) The teacher is required to answer the bill of
particulars and aver affirmative matters in his or her
defense, and the time for initially doing so and the time
for updating such answer and defenses after pre-hearing
discovery must be set by the hearing officer. The State
Board of Education shall promulgate rules so that each
party has a fair opportunity to present its case and to
ensure that the dismissal process proceeds in a fair and
expeditious manner. These rules shall address, without
limitation, discovery and hearing scheduling conferences;
the teacher's initial answer and affirmative defenses to
the bill of particulars and the updating of that
information after pre-hearing discovery; provision for
written interrogatories and requests for production of
documents; the requirement that each party initially
disclose to the other party and then update the disclosure
no later than 10 calendar days prior to the commencement
of the hearing, the names and addresses of persons who may

HB2793 - 75 - LRB104 03475 LNS 13498 b
be called as witnesses at the hearing, a summary of the
facts or opinions each witness will testify to, and all
other documents and materials, including information
maintained electronically, relevant to its own as well as
the other party's case (the hearing officer may exclude
witnesses and exhibits not identified and shared, except
those offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each
party to be represented by counsel, the offer of evidence
and witnesses and the cross-examination of witnesses; the
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed on
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of
hearing officers' decisions. The hearing officer shall
hold a hearing and render a final decision for dismissal
pursuant to Article 24A of this Code or shall report to the
school board findings of fact and a recommendation as to
whether or not the teacher must be dismissed for conduct.
The hearing officer shall commence the hearing within 75
days and conclude the hearing within 120 days after being

HB2793 - 76 - LRB104 03475 LNS 13498 b
selected as the hearing officer, provided that the hearing
officer may modify these timelines upon the showing of
good cause or mutual agreement of the parties. Good cause
for the purpose of this subsection (d) shall mean the
illness or otherwise unavoidable emergency of the teacher,
district representative, their legal representatives, the
hearing officer, or an essential witness as indicated in
each party's pre-hearing submission. In a dismissal
hearing pursuant to Article 24A of this Code in which a
witness is a student or is under the age of 18, the hearing
officer must make accommodations for the witness, as
provided under paragraph (6.5) of this subsection. The
hearing officer shall consider and give weight to all of
the teacher's evaluations written pursuant to Article 24A
that are relevant to the issues in the hearing.
Each party shall have no more than 3 days to present
its case, unless extended by the hearing officer to enable
a party to present adequate evidence and testimony,
including due to the other party's cross-examination of
the party's witnesses, for good cause or by mutual
agreement of the parties. The State Board of Education
shall define in rules the meaning of "day" for such
purposes. All testimony at the hearing shall be taken
under oath administered by the hearing officer. The
hearing officer shall cause a record of the proceedings to
be kept and shall employ a competent reporter to take

HB2793 - 77 - LRB104 03475 LNS 13498 b
stenographic or stenotype notes of all the testimony. The
costs of the reporter's attendance and services at the
hearing shall be paid by the party or parties who are
responsible for paying the fees and costs of the hearing
officer. Either party desiring a transcript of the hearing
shall pay for the cost thereof. Any post-hearing briefs
must be submitted by the parties by no later than 21 days
after a party's receipt of the transcript of the hearing,
unless extended by the hearing officer for good cause or
by mutual agreement of the parties.
(6.5) In the case of charges involving any witness who
is or was at the time of the alleged conduct a student or a
person under the age of 18, the hearing officer shall make
accommodations to protect a witness from being
intimidated, traumatized, or re-traumatized. No alleged
victim or other witness who is or was at the time of the
alleged conduct a student or under the age of 18 may be
compelled to testify in the physical or visual presence of
a teacher or other witness. If such a witness invokes this
right, then the hearing officer must provide an
accommodation consistent with the invoked right and use a
procedure by which each party may hear such witness's
testimony. Accommodations may include, but are not limited
to: (i) testimony made via a telecommunication device in a
location other than the hearing room and outside the
physical or visual presence of the teacher and other

HB2793 - 78 - LRB104 03475 LNS 13498 b
hearing participants, but accessible to the teacher via a
telecommunication device, (ii) testimony made in the
hearing room but outside the physical presence of the
teacher and accessible to the teacher via a
telecommunication device, (iii) non-public testimony, (iv)
testimony made via videoconference with the cameras and
microphones of the teacher turned off, or (v) pre-recorded
testimony, including, but not limited to, a recording of a
forensic interview conducted at an accredited Children's
Advocacy Center. With all accommodations, the hearing
officer shall give such testimony the same consideration
as if the witness testified without the accommodation. The
teacher may not directly, or through a representative,
question a witness called by the school board who is or was
a student or under 18 years of age at the time of the
alleged conduct. The hearing officer must permit the
teacher to submit all relevant questions and follow-up
questions for such a witness to have the questions posed
by the hearing officer. All questions must exclude
evidence of the witness' sexual behavior or
predisposition, unless the evidence is offered to prove
that someone other than the teacher subject to the
dismissal hearing engaged in the charge at issue.
(7) The hearing officer shall, within 30 days from the
conclusion of the hearing or closure of the record,
whichever is later, make a decision as to whether or not

HB2793 - 79 - LRB104 03475 LNS 13498 b
the teacher shall be dismissed pursuant to Article 24A of
this Code or report to the school board findings of fact
and a recommendation as to whether or not the teacher
shall be dismissed for cause and shall give a copy of the
decision or findings of fact and recommendation to both
the teacher and the school board. If a hearing officer
fails without good cause, specifically provided in writing
to both parties and the State Board of Education, to
render a decision or findings of fact and recommendation
within 30 days after the hearing is concluded or the
record is closed, whichever is later, the parties may
mutually agree to select a hearing officer pursuant to the
alternative procedure, as provided in this Section, to
rehear the charges heard by the hearing officer who failed
to render a decision or findings of fact and
recommendation or to review the record and render a
decision. If any hearing officer fails without good cause,
specifically provided in writing to both parties and the
State Board of Education, to render a decision or findings
of fact and recommendation within 30 days after the
hearing is concluded or the record is closed, whichever is
later, or if any hearing officer fails to make an
accommodation as described in paragraph (6.5), the hearing
officer shall be removed from the master list of hearing
officers maintained by the State Board of Education for
not more than 24 months. The parties and the State Board of

HB2793 - 80 - LRB104 03475 LNS 13498 b
Education may also take such other actions as it deems
appropriate, including recovering, reducing, or
withholding any fees paid or to be paid to the hearing
officer. If any hearing officer repeats such failure, he
or she must be permanently removed from the master list
maintained by the State Board of Education and may not be
selected by parties through the alternative selection
process under this paragraph (7) or paragraph (4) of this
subsection (d). The board shall not lose jurisdiction to
discharge a teacher if the hearing officer fails to render
a decision or findings of fact and recommendation within
the time specified in this Section. If the decision of the
hearing officer for dismissal pursuant to Article 24A of
this Code or of the school board for dismissal for cause is
in favor of the teacher, then the hearing officer or
school board shall order reinstatement to the same or
substantially equivalent position and shall determine the
amount for which the school board is liable, including,
but not limited to, loss of income and benefits.
(8) The school board, within 45 days after receipt of
the hearing officer's findings of fact and recommendation
as to whether (i) the conduct at issue occurred, (ii) the
conduct that did occur was remediable, and (iii) the
proposed dismissal should be sustained, shall issue a
written order as to whether the teacher must be retained
or dismissed for cause from its employ. The school board's

HB2793 - 81 - LRB104 03475 LNS 13498 b
written order shall incorporate the hearing officer's
findings of fact, except that the school board may modify
or supplement the findings of fact if, in its opinion, the
findings of fact are against the manifest weight of the
evidence.
If the school board dismisses the teacher
notwithstanding the hearing officer's findings of fact and
recommendation, the school board shall make a conclusion
in its written order, giving its reasons therefor, and
such conclusion and reasons must be included in its
written order. The failure of the school board to strictly
adhere to the timelines contained in this Section shall
not render it without jurisdiction to dismiss the teacher.
The school board shall not lose jurisdiction to discharge
the teacher for cause if the hearing officer fails to
render a recommendation within the time specified in this
Section. The decision of the school board is final, unless
reviewed as provided in paragraph (9) of this subsection
(d).
If the school board retains the teacher, the school
board shall enter a written order stating the amount of
back pay and lost benefits, less mitigation, to be paid to
the teacher, within 45 days after its retention order.
Should the teacher object to the amount of the back pay and
lost benefits or amount mitigated, the teacher shall give
written objections to the amount within 21 days. If the

HB2793 - 82 - LRB104 03475 LNS 13498 b
parties fail to reach resolution within 7 days, the
dispute shall be referred to the hearing officer, who
shall consider the school board's written order and
teacher's written objection and determine the amount to
which the school board is liable. The costs of the hearing
officer's review and determination must be paid by the
board.
(9) The decision of the hearing officer pursuant to
Article 24A of this Code or of the school board's decision
to dismiss for cause is final unless reviewed as provided
in Section 24-16 of this Code. If the school board's
decision to dismiss for cause is contrary to the hearing
officer's recommendation, the court on review shall give
consideration to the school board's decision and its
supplemental findings of fact, if applicable, and the
hearing officer's findings of fact and recommendation in
making its decision. In the event such review is
instituted, the school board shall be responsible for
preparing and filing the record of proceedings, and such
costs associated therewith must be divided equally between
the parties.
(10) If a decision of the hearing officer for
dismissal pursuant to Article 24A of this Code or of the
school board for dismissal for cause is adjudicated upon
review or appeal in favor of the teacher, then the trial
court shall order reinstatement and shall remand the

HB2793 - 83 - LRB104 03475 LNS 13498 b
matter to the school board with direction for entry of an
order setting the amount of back pay, lost benefits, and
costs, less mitigation. The teacher may challenge the
school board's order setting the amount of back pay, lost
benefits, and costs, less mitigation, through an expedited
arbitration procedure, with the costs of the arbitrator
borne by the school board.
Any teacher who is reinstated by any hearing or
adjudication brought under this Section shall be assigned
by the board to a position substantially similar to the
one which that teacher held prior to that teacher's
suspension or dismissal.
(11) Subject to any later effective date referenced in
this Section for a specific aspect of the dismissal
process, the changes made by Public Act 97-8 shall apply
to dismissals instituted on or after September 1, 2011.
Any dismissal instituted prior to September 1, 2011 must
be carried out in accordance with the requirements of this
Section prior to amendment by Public Act 97-8.
(e) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
103-398, eff. 1-1-24; 103-500, eff. 8-4-23; 103-605, eff.

HB2793 - 84 - LRB104 03475 LNS 13498 b
7-1-24.)
(105 ILCS 5/24-16.5)
Sec. 24-16.5. Optional alternative evaluative dismissal
process for PERA evaluations.
(a) As used in this Section:
"Applicable hearing requirements" means (i) for any school
district having less than 500,000 inhabitants or a program of
a special education joint agreement, those procedures and
requirements relating to a teacher's request for a hearing,
selection of a hearing officer, pre-hearing and hearing
procedures, and post-hearing briefs set forth in paragraphs
(1) through (6) of subsection (d) of Section 24-12 of this Code
or (ii) for a school district having 500,000 inhabitants or
more, those procedures and requirements relating to a
teacher's request for a hearing, selection of a hearing
officer, pre-hearing and hearing procedures, and post-hearing
briefs set forth in paragraphs (1) through (5) of subsection
(a) of Section 34-85 of this Code.
"Board" means, for a school district having less than
500,000 inhabitants or a program of a special education joint
agreement, the board of directors, board of education, or
board of school inspectors, as the case may be. For a school
district having 500,000 inhabitants or more, "board" means the
Chicago Board of Education.
"Evaluator" means an evaluator, as defined in Section

HB2793 - 85 - LRB104 03475 LNS 13498 b
24A-2.5 of this Code, who has successfully completed the
pre-qualification program described in subsection (b) of
Section 24A-3 of this Code.
"PERA-trained board member" means a member of a board that
has completed a training program on PERA evaluations either
administered or approved by the State Board of Education.
"PERA evaluation" means a performance evaluation of a
teacher after the implementation date of an evaluation system
for teachers, as specified by Section 24A-2.5 of this Code,
using a performance evaluation instrument and process that
meets the minimum requirements for teacher evaluation
instruments and processes set forth in rules adopted by the
State Board of Education to implement Public Act 96-861.
"Remediation" means the remediation plan, mid-point and
final evaluations, and related processes and requirements set
forth in subdivisions (i), (j), and (k) of Section 24A-5 of
this Code.
"School district" means a school district or a program of
a special education joint agreement.
"Second evaluator" means an evaluator who either conducts
the mid-point and final remediation evaluation or conducts an
independent assessment of whether the teacher completed the
remediation plan with a rating equal to or better than a
"Proficient" rating or, on and after September 1, 2026, equal
to an "effective" rating, all in accordance with subdivision
(c) of this Section.

HB2793 - 86 - LRB104 03475 LNS 13498 b
"Student growth components" means the components of a
performance evaluation plan described in subdivision (c) of
Section 24A-5 of this Code, as may be supplemented by
administrative rules adopted by the State Board of Education.
"Teacher practice components" means the components of a
performance evaluation plan described in subdivisions (a) and
(b) of Section 24A-5 of this Code, as may be supplemented by
administrative rules adopted by the State Board of Education.
"Teacher representatives" means the exclusive bargaining
representative of a school district's teachers or, if no
exclusive bargaining representatives exists, a representative
committee selected by teachers.
(b) This Section applies to all school districts,
including those having 500,000 or more inhabitants. The
optional dismissal process set forth in this Section is an
alternative to those set forth in Sections 24-12 and 34-85 of
this Code. Nothing in this Section is intended to change the
existing practices or precedents under Section 24-12 or 34-85
of this Code, nor shall this Section be interpreted as
implying standards and procedures that should or must be used
as part of a remediation that precedes a dismissal sought
under Section 24-12 or 34-85 of this Code.
A board may dismiss a teacher who has entered upon
contractual continued service under this Section if the
following are met:
(1) the cause of dismissal is that the teacher has

HB2793 - 87 - LRB104 03475 LNS 13498 b
failed to complete a remediation plan with a rating equal
to or better than a "Proficient" or, on and after
September 1, 2026, "effective" rating;
(2) the "Unsatisfactory" or, on and after September 1,
2026, "ineffective" performance evaluation rating that
preceded remediation resulted from a PERA evaluation; and
(3) the school district has complied with subsection
(c) of this Section.
A school district may not, through agreement with a
teacher or its teacher representatives, waive its right to
dismiss a teacher under this Section.
(c) Each school district electing to use the dismissal
process set forth in this Section must comply with the
pre-remediation and remediation activities and requirements
set forth in this subsection (c).
(1) Before a school district's first remediation
relating to a dismissal under this Section, the school
district must create and establish a list of at least 2
evaluators who will be available to serve as second
evaluators under this Section. The school district shall
provide its teacher representatives with an opportunity to
submit additional names of teacher evaluators who will be
available to serve as second evaluators and who will be
added to the list created and established by the school
district, provided that, unless otherwise agreed to by the
school district, the teacher representatives may not

HB2793 - 88 - LRB104 03475 LNS 13498 b
submit more teacher evaluators for inclusion on the list
than the number of evaluators submitted by the school
district. Each teacher evaluator must either have (i)
National Board of Professional Teaching Standards
certification, with no "Unsatisfactory" or "Needs
Improvement" or, on and after September 1, 2026,
"ineffective" performance evaluating ratings in his or her
2 most recent performance evaluation ratings; or (ii)
"Excellent" or, on and after September 1, 2026,
"effective" performance evaluation ratings in 2 of his or
her 3 most recent performance evaluations, with no "Needs
Improvement" or "Unsatisfactory" or, on and after
September 1, 2026, "ineffective" performance evaluation
ratings in his or her last 3 ratings. If the teacher
representatives do not submit a list of teacher evaluators
within 21 days after the school district's request, the
school district may proceed with a remediation using a
list that includes only the school district's selections.
Either the school district or the teacher representatives
may revise or add to their selections for the list at any
time with notice to the other party, subject to the
limitations set forth in this paragraph (1).
(2) Before a school district's first remediation
relating to a dismissal under this Section, the school
district shall, in good faith cooperation with its teacher
representatives, establish a process for the selection of

HB2793 - 89 - LRB104 03475 LNS 13498 b
a second evaluator from the list created pursuant to
paragraph (1) of this subsection (c). Such process may be
amended at any time in good faith cooperation with the
teacher representatives. If the teacher representatives
are given an opportunity to cooperate with the school
district and elect not to do so, the school district may,
at its discretion, establish or amend the process for
selection. Before the hearing officer and as part of any
judicial review of a dismissal under this Section, a
teacher may not challenge a remediation or dismissal on
the grounds that the process used by the school district
to select a second evaluator was not established in good
faith cooperation with its teacher representatives.
(3) For each remediation preceding a dismissal under
this Section, the school district shall select a second
evaluator from the list of second evaluators created
pursuant to paragraph (1) of this subsection (c), using
the selection process established pursuant to paragraph
(2) of this subsection (c). The selected second evaluator
may not be the same individual who determined the
teacher's "Unsatisfactory" or, on and after September 1,
2026, "ineffective" performance evaluation rating
preceding remediation, and, if the second evaluator is an
administrator, may not be a direct report to the
individual who determined the teacher's "Unsatisfactory"
or, on and after September 1, 2026, "ineffective"

HB2793 - 90 - LRB104 03475 LNS 13498 b
performance evaluation rating preceding remediation. The
school district's authority to select a second evaluator
from the list of second evaluators must not be delegated
or limited through any agreement with the teacher
representatives, provided that nothing shall prohibit a
school district and its teacher representatives from
agreeing to a formal peer evaluation process as permitted
under Article 24A of this Code that could be used to meet
the requirements for the selection of second evaluators
under this subsection (c).
(4) The second evaluator selected pursuant to
paragraph (3) of this subsection (c) must either (i)
conduct the mid-point and final evaluation during
remediation or (ii) conduct an independent assessment of
whether the teacher completed the remediation plan with a
rating equal to or better than a "Proficient" or, on and
after September 1, 2026, "effective" rating, which
independent assessment shall include, but is not limited
to, personal or video-recorded observations of the teacher
that relate to the teacher practice components of the
remediation plan. Nothing in this subsection (c) shall be
construed to limit or preclude the participation of the
evaluator who rated a teacher as "Unsatisfactory" or, on
and after September 1, 2026, "ineffective" in remediation.
(d) To institute a dismissal proceeding under this
Section, the board must first provide written notice to the

HB2793 - 91 - LRB104 03475 LNS 13498 b
teacher within 30 days after the completion of the final
remediation evaluation. The notice shall comply with the
applicable hearing requirements and, in addition, must specify
that dismissal is sought under this Section and include a copy
of each performance evaluation relating to the scope of the
hearing as described in this subsection (d).
The applicable hearing requirements shall apply to the
teacher's request for a hearing, the selection and
qualifications of the hearing officer, and pre-hearing and
hearing procedures, except that all of the following must be
met:
(1) The hearing officer must, in addition to meeting
the qualifications set forth in the applicable hearing
requirements, have successfully completed the
pre-qualification program described in subsection (b) of
Section 24A-3 of this Code, unless the State Board of
Education waives this requirement to provide an adequate
pool of hearing officers for consideration.
(2) The scope of the hearing must be limited as
follows:
(A) The school district must demonstrate the
following:
(i) that the "Unsatisfactory" or, on and after
September 1, 2026, "ineffective" performance
evaluation rating that preceded remediation
applied the teacher practice components and

HB2793 - 92 - LRB104 03475 LNS 13498 b
student growth components and determined an
overall evaluation rating of "Unsatisfactory" or,
on and after September 1, 2026, "ineffective" in
accordance with the standards and requirements of
the school district's evaluation plan;
(ii) that the remediation plan complied with
the requirements of Section 24A-5 of this Code;
(iii) that the teacher failed to complete the
remediation plan with a performance evaluation
rating equal to or better than a "Proficient" or,
on and after September 1, 2026, "effective"
rating, based upon a final remediation evaluation
meeting the applicable standards and requirements
of the school district's evaluation plan; and
(iv) that if the second evaluator selected
pursuant to paragraph (3) of subsection (c) of
this Section does not conduct the mid-point and
final evaluation and makes an independent
assessment that the teacher completed the
remediation plan with a rating equal to or better
than a "Proficient" or, on and after September 1,
2026, "effective" rating, the school district must
demonstrate that the final remediation evaluation
is a more valid assessment of the teacher's
performance than the assessment made by the second
evaluator.

HB2793 - 93 - LRB104 03475 LNS 13498 b
(B) The teacher may only challenge the substantive
and procedural aspects of (i) the "Unsatisfactory" or,
on and after September 1, 2026, "ineffective"
performance evaluation rating that led to the
remediation, (ii) the remediation plan, and (iii) the
final remediation evaluation. To the extent the
teacher challenges procedural aspects, including any
in applicable collective bargaining agreement
provisions, of a relevant performance evaluation
rating or the remediation plan, the teacher must
demonstrate how an alleged procedural defect
materially affected the teacher's ability to
demonstrate a level of performance necessary to avoid
remediation or dismissal or successfully complete the
remediation plan. Without any such material effect, a
procedural defect shall not impact the assessment by
the hearing officer, board, or reviewing court of the
validity of a performance evaluation or a remediation
plan.
(C) The hearing officer shall only consider and
give weight to performance evaluations relevant to the
scope of the hearing as described in clauses (A) and
(B) of this subdivision (2).
(3) Each party shall be given only 2 days to present
evidence and testimony relating to the scope of the
hearing, unless a longer period is mutually agreed to by

HB2793 - 94 - LRB104 03475 LNS 13498 b
the parties or deemed necessary by the hearing officer to
enable a party to present adequate evidence and testimony
to address the scope of the hearing, including due to the
other party's cross-examination of the party's witnesses.
(e) The provisions of Sections 24-12 and 34-85 pertaining
to the decision or recommendation of the hearing officer do
not apply to dismissal proceedings under this Section. For any
dismissal proceedings under this Section, the hearing officer
shall not issue a decision, and shall issue only findings of
fact and a recommendation, including the reasons therefor, to
the board to either retain or dismiss the teacher and shall
give a copy of the report to both the teacher and the
superintendent of the school district. The hearing officer's
findings of fact and recommendation must be issued within 30
days from the close of the record of the hearing.
The State Board of Education shall adopt rules regarding
the length of the hearing officer's findings of fact and
recommendation. If a hearing officer fails without good cause,
specifically provided in writing to both parties and the State
Board of Education, to render a recommendation within 30 days
after the hearing is concluded or the record is closed,
whichever is later, the parties may mutually agree to select a
hearing officer pursuant to the alternative procedure, as
provided in Section 24-12 or 34-85, to rehear the charges
heard by the hearing officer who failed to render a
recommendation or to review the record and render a

HB2793 - 95 - LRB104 03475 LNS 13498 b
recommendation. If any hearing officer fails without good
cause, specifically provided in writing to both parties and
the State Board of Education, to render a recommendation
within 30 days after the hearing is concluded or the record is
closed, whichever is later, the hearing officer shall be
removed from the master list of hearing officers maintained by
the State Board of Education for not more than 24 months. The
parties and the State Board of Education may also take such
other actions as it deems appropriate, including recovering,
reducing, or withholding any fees paid or to be paid to the
hearing officer. If any hearing officer repeats such failure,
he or she shall be permanently removed from the master list of
hearing officers maintained by the State Board of Education.
(f) The board, within 45 days after receipt of the hearing
officer's findings of fact and recommendation, shall decide,
through adoption of a written order, whether the teacher must
be dismissed from its employ or retained, provided that only
PERA-trained board members may participate in the vote with
respect to the decision.
If the board dismisses the teacher notwithstanding the
hearing officer's recommendation of retention, the board shall
make a conclusion, giving its reasons therefor, and such
conclusion and reasons must be included in its written order.
The failure of the board to strictly adhere to the timelines
contained in this Section does not render it without
jurisdiction to dismiss the teacher. The board shall not lose

HB2793 - 96 - LRB104 03475 LNS 13498 b
jurisdiction to discharge the teacher if the hearing officer
fails to render a recommendation within the time specified in
this Section. The decision of the board is final, unless
reviewed as provided in subsection (g) of this Section.
If the board retains the teacher, the board shall enter a
written order stating the amount of back pay and lost
benefits, less mitigation, to be paid to the teacher, within
45 days of its retention order.
(g) A teacher dismissed under this Section may apply for
and obtain judicial review of a decision of the board in
accordance with the provisions of the Administrative Review
Law, except as follows:
(1) for a teacher dismissed by a school district
having 500,000 inhabitants or more, such judicial review
must be taken directly to the appellate court of the
judicial district in which the board maintains its primary
administrative office, and any direct appeal to the
appellate court must be filed within 35 days from the date
that a copy of the decision sought to be reviewed was
served upon the teacher;
(2) for a teacher dismissed by a school district
having less than 500,000 inhabitants after the hearing
officer recommended dismissal, such judicial review must
be taken directly to the appellate court of the judicial
district in which the board maintains its primary
administrative office, and any direct appeal to the

HB2793 - 97 - LRB104 03475 LNS 13498 b
appellate court must be filed within 35 days from the date
that a copy of the decision sought to be reviewed was
served upon the teacher; and
(3) for all school districts, if the hearing officer
recommended dismissal, the decision of the board may be
reversed only if it is found to be arbitrary, capricious,
an abuse of discretion, or not in accordance with law.
In the event judicial review is instituted by a teacher,
any costs of preparing and filing the record of proceedings
must be paid by the teacher. If a decision of the board is
adjudicated upon judicial review in favor of the teacher, then
the court shall remand the matter to the board with direction
for entry of an order setting the amount of back pay, lost
benefits, and costs, less mitigation. The teacher may
challenge the board's order setting the amount of back pay,
lost benefits, and costs, less mitigation, through an
expedited arbitration procedure with the costs of the
arbitrator borne by the board.
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
Sec. 24A-5. Content of evaluation plans. This Section does
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

HB2793 - 98 - LRB104 03475 LNS 13498 b
Section 34-85c of this Code.
Each school district to which this Article applies shall
establish a teacher evaluation plan which ensures that each
teacher in contractual continued service is evaluated at least
once in the course of every 2 or 3 school years as provided in
this Section.
Each school district shall establish a teacher evaluation
plan that ensures that:
(1) each teacher not in contractual continued service
is evaluated at least once every school year; and
(2) except as otherwise provided in this Section, each
teacher in contractual continued service is evaluated at
least once in the course of every 2 school years. However,
any teacher in contractual continued service whose
performance is rated as either "needs improvement" or
"unsatisfactory" or, on or after September 1, 2026,
"ineffective" must be evaluated at least once in the
school year following the receipt of such rating.
Each No later than September 1, 2022, each school district
must establish a teacher evaluation plan that ensures that
each teacher in contractual continued service whose
performance is rated as either "excellent" or "proficient" or,
on or after September 1, 2026, "effective" is evaluated at
least once in the course of the 3 school years after receipt of
the rating and implement an informal teacher observation plan
established by agency rule and by agreement of the joint

HB2793 - 99 - LRB104 03475 LNS 13498 b
committee established under subsection (b) of Section 24A-4 of
this Code that ensures that each teacher in contractual
continued service whose performance is rated as either
"excellent" or "proficient" or, on or after September 1, 2026,
"effective" is informally observed at least once in the course
of the 2 school years after receipt of the rating.
For the 2022-2023 school year only, if the Governor has
declared a disaster due to a public health emergency pursuant
to Section 7 of the Illinois Emergency Management Agency Act,
a school district may waive the evaluation requirement of all
teachers in contractual continued service whose performances
were rated as either "excellent" or "proficient" during the
last school year in which the teachers were evaluated under
this Section.
Notwithstanding anything to the contrary in this Section
or any other Section of this Code, a principal shall not be
prohibited from evaluating any teachers within a school during
his or her first year as principal of such school. If a
first-year principal exercises this option in a school
district where the evaluation plan provides for a teacher in
contractual continued service to be evaluated once in the
course of every 2 or 3 school years, as applicable, then a new
2-year or 3-year evaluation plan must be established.
The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.

HB2793 - 100 - LRB104 03475 LNS 13498 b
The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which that
teacher is expected to conform, and shall include at least the
following components:
(a) personal observation of the teacher in the
classroom by the evaluator, unless the teacher has no
classroom duties.
(b) consideration of the teacher's attendance,
planning, instructional methods, classroom management,
where relevant, and competency in the subject matter
taught.
(c) by no later than the applicable implementation
date, consideration of student growth as a significant
factor in the rating of the teacher's performance.
(d) prior to September 1, 2012, rating of the
performance of teachers in contractual continued service
as either:
(i) "excellent", "satisfactory" or
"unsatisfactory"; or
(ii) "excellent", "proficient", "needs
improvement" or "unsatisfactory".
(e) on and after September 1, 2026 2012, rating of the
performance of all teachers as "excellent", "proficient",
or "needs improvement" shall be considered "effective" and
rating of the performance of all teachers as or
"unsatisfactory" shall be considered "ineffective".

HB2793 - 101 - LRB104 03475 LNS 13498 b
(f) specification as to the teacher's strengths and
weaknesses, with supporting reasons for the comments made.
(g) inclusion of a copy of the evaluation in the
teacher's personnel file and provision of a copy to the
teacher.
(h) prior to September 1, 2026, within 30 school days
after the completion of an evaluation rating a teacher in
contractual continued service as "needs improvement",
development by the evaluator, in consultation with the
teacher, and taking into account the teacher's ongoing
on-going professional responsibilities including his or
her regular teaching assignments, of a professional
development plan directed to the areas that need
improvement and any supports that the district will
provide to address the areas identified as needing
improvement.
(i) within 30 school days after completion of an
evaluation rating a teacher in contractual continued
service as "unsatisfactory" or, on or after September 1,
2026, "ineffective", development and commencement by the
district of a remediation plan designed to correct
deficiencies cited, provided the deficiencies are deemed
remediable. In all school districts the remediation plan
for unsatisfactory or, on or after September 1, 2026,
"ineffective", tenured teachers shall provide for 90
school days of remediation within the classroom, unless an

HB2793 - 102 - LRB104 03475 LNS 13498 b
applicable collective bargaining agreement provides for a
shorter duration. In all school districts evaluations
issued pursuant to this Section shall be issued within 10
days after the conclusion of the respective remediation
plan. However, the school board or other governing
authority of the district shall not lose jurisdiction to
discharge a teacher in the event the evaluation is not
issued within 10 days after the conclusion of the
respective remediation plan.
(j) participation in the remediation plan by the
teacher in contractual continued service rated
"unsatisfactory" or, on or after September 1, 2026,
"ineffective", an evaluator, and a consulting teacher
selected by the evaluator of the teacher who was rated
"unsatisfactory" or, on or after September 1, 2026,
"ineffective". The criteria for a , which consulting
teacher shall include, but not be limited to, being is an
educational employee as defined in the Illinois
Educational Labor Relations Act, having has at least 5
years' teaching experience, and a reasonable familiarity
with the assignment of the teacher being evaluated, and
having who received an "excellent" rating or, on or after
September 1, 2026, an "effective" rating on his or her
most recent evaluation. Where no teachers who meet these
criteria are available within the district, the district
shall request and the applicable regional office of

HB2793 - 103 - LRB104 03475 LNS 13498 b
education shall supply, to participate in the remediation
process, an individual who meets these criteria.
In a district having a population of less than 500,000
with an exclusive bargaining agent, the bargaining agent
may, if it so chooses, supply a roster of qualified
teachers from whom the consulting teacher is to be
selected. That roster shall, however, contain the names of
at least 5 teachers, each of whom meets the criteria for
consulting teacher with regard to the teacher being
evaluated, or the names of all teachers so qualified if
that number is less than 5. The district, in consultation
with the joint committee referred to in subsection (b) of
Section 24A-4 of this Code, shall select the consulting
teacher from this roster. In the event of a dispute as to
qualification, the State Board shall determine
qualification.
(k) a mid-point and final evaluation by an evaluator
during and at the end of the remediation period,
immediately following receipt of a remediation plan
provided for under subsections (i) and (j) of this
Section. Each evaluation shall assess the teacher's
performance during the time period since the prior
evaluation; provided that the last evaluation shall also
include an overall evaluation of the teacher's performance
during the remediation period. A written copy of the
evaluations and ratings, in which any deficiencies in

HB2793 - 104 - LRB104 03475 LNS 13498 b
performance and recommendations for correction are
identified, shall be provided to and discussed with the
teacher within 10 school days after the date of the
evaluation, unless an applicable collective bargaining
agreement provides to the contrary. These subsequent
evaluations shall be conducted by an evaluator. The
consulting teacher shall provide advice to the teacher
rated "unsatisfactory" or, on or after September 1, 2026,
"ineffective" on how to improve teaching skills and to
successfully complete the remediation plan. The consulting
teacher shall participate in developing the remediation
plan, but the final decision as to the evaluation shall be
done solely by the evaluator, unless an applicable
collective bargaining agreement provides to the contrary.
Evaluations at the conclusion of the remediation process
shall be separate and distinct from the required annual
evaluations of teachers and shall not be subject to the
guidelines and procedures relating to those annual
evaluations. The evaluator may but is not required to use
the forms provided for the annual evaluation of teachers
in the district's evaluation plan.
(l) reinstatement to the evaluation schedule set forth
in the district's evaluation plan for any teacher in
contractual continued service who achieves a rating equal
to or better than "satisfactory" or "proficient" in the
school year following a rating of "needs improvement" or,

HB2793 - 105 - LRB104 03475 LNS 13498 b
on or after September 1, 2026, "effective" or
"unsatisfactory" or, on or after September 1, 2026,
"ineffective".
(m) dismissal in accordance with subsection (d) of
Section 24-12 or Section 24-16.5 or 34-85 of this Code of
any teacher who fails to complete any applicable
remediation plan with a rating equal to or better than a
"satisfactory" or "proficient" or, on or after September
1, 2026, "effective" rating. Districts and teachers
subject to dismissal hearings are precluded from
compelling the testimony of consulting teachers at such
hearings under subsection (d) of Section 24-12 or Section
24-16.5 or 34-85 of this Code, either as to the rating
process or for opinions of performances by teachers under
remediation.
(n) After the implementation date of an evaluation
system for teachers in a district as specified in Section
24A-2.5 of this Code, if a teacher in contractual
continued service successfully completes a remediation
plan following a rating of "unsatisfactory" or, on or
after September 1, 2026, "ineffective" in an overall
performance evaluation received after the foregoing
implementation date and receives a subsequent rating of
"unsatisfactory" or, on or after September 1, 2026,
"ineffective" in any of the teacher's overall performance
evaluation ratings received during the 36-month period

HB2793 - 106 - LRB104 03475 LNS 13498 b
following the teacher's completion of the remediation
plan, then the school district may forgo remediation and
seek dismissal in accordance with subsection (d) of
Section 24-12 or Section 34-85 of this Code.
(o) Teachers who are due to be evaluated in the last
year before they are set to retire shall be offered the
opportunity to waive their evaluation and to retain their
most recent rating, unless the teacher was last rated as
"needs improvement" or "unsatisfactory" or, on or after
September 1, 2026, "ineffective". The school district may
still reserve the right to evaluate a teacher provided the
district gives notice to the teacher at least 14 days
before the evaluation and a reason for evaluating the
teacher.
Nothing in this Section or Section 24A-4 shall be
construed as preventing immediate dismissal of a teacher for
deficiencies which are deemed irremediable or for actions
which are injurious to or endanger the health or person of
students in the classroom or school, or preventing the
dismissal or non-renewal of teachers not in contractual
continued service for any reason not prohibited by applicable
employment, labor, and civil rights laws. Failure to strictly
comply with the time requirements contained in Section 24A-5
shall not invalidate the results of the remediation plan.
Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in

HB2793 - 107 - LRB104 03475 LNS 13498 b
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
If the Governor has declared a disaster due to a public
health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act that suspends in-person
instruction, the timelines in this Section connected to the
commencement and completion of any remediation plan are
waived. Except if the parties mutually agree otherwise and the
agreement is in writing, any remediation plan that had been in
place for more than 45 days prior to the suspension of
in-person instruction shall resume when in-person instruction
resumes and any remediation plan that had been in place for
fewer than 45 days prior to the suspension of in-person
instruction shall be discontinued and a new remediation period
shall begin when in-person instruction resumes. The
requirements of this paragraph apply regardless of whether
they are included in a school district's teacher evaluation
plan.
(Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;
103-85, eff. 6-9-23; 103-605, eff. 7-1-24; revised 8-8-24.)
(105 ILCS 5/24A-5.5)
Sec. 24A-5.5. Local appeal process for unsatisfactory or
ineffective ratings. Beginning with the first school year
following the effective date of this amendatory Act of the

HB2793 - 108 - LRB104 03475 LNS 13498 b
101st General Assembly, each school district shall, in good
faith cooperation with its teachers or, if applicable, through
good faith bargaining with the exclusive bargaining
representative of its teachers, develop and implement an
appeals process for "unsatisfactory" or "ineffective" ratings
under Section 24A-5 that includes, but is not limited to, an
assessment of the original rating by a panel of qualified
evaluators agreed to by the joint committee referred to in
subsection (b) of Section 24A-4 that has the power to revoke
the "unsatisfactory" or "ineffective" rating it deems to be
erroneous. The joint committee shall determine the criteria
for successful appeals; however, the issuance of a rating to
replace an "unsatisfactory" or "ineffective" rating must be
determined through bargaining between the exclusive bargaining
representative, if any, and the school district.
(Source: P.A. 101-591, eff. 8-27-19.)
(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
Sec. 34-84. Appointments and promotions of teachers.
Appointments and promotions of teachers shall be made for
merit only, and after satisfactory service for a probationary
period of 3 years with respect to probationary employees
employed as full-time teachers in the public school system of
the district before January 1, 1998 or on or after July 1, 2023
and 4 years with respect to probationary employees who are
first employed as full-time teachers in the public school

HB2793 - 109 - LRB104 03475 LNS 13498 b
system of the district on or after January 1, 1998 but before
July 1, 2023, during which period the board may dismiss or
discharge any such probationary employee upon the
recommendation, accompanied by the written reasons therefor,
of the general superintendent of schools and after which
period appointments of teachers shall become permanent,
subject to removal for cause in the manner provided by Section
34-85.
For a probationary-appointed teacher in full-time service
who is appointed on or after July 1, 2013 and who receives
ratings of "excellent" during his or her first 3 school terms
of full-time service, the probationary period shall be 3
school terms of full-time service. For a
probationary-appointed teacher in full-time service who is
appointed on or after July 1, 2013 and who had previously
entered into contractual continued service in another school
district in this State or a program of a special education
joint agreement in this State, as defined in Section 24-11 of
this Code, the probationary period shall be 2 school terms of
full-time service, provided that (i) the teacher voluntarily
resigned or was honorably dismissed from the prior district or
program within the 3-month period preceding his or her
appointment date, (ii) the teacher's last 2 ratings in the
prior district or program were at least "proficient" or, on or
after September 1, 2026, "effective" and were issued after the
prior district's or program's PERA implementation date, as

HB2793 - 110 - LRB104 03475 LNS 13498 b
defined in Section 24-11 of this Code, and (iii) the teacher
receives ratings of "excellent" or, on or after September 1,
2026, "effective" during his or her first 2 school terms of
full-time service.
For a probationary-appointed teacher in full-time service
who has not entered into contractual continued service after 2
or 3 school terms of full-time service as provided in this
Section, the probationary period shall be 3 school terms of
full-time service, provided that the teacher holds a
Professional Educator License and receives a rating of at
least "proficient" or, on or after September 1, 2026,
"effective" in the last school term and a rating of at least
"proficient" or, on or after September 1, 2026, "effective" in
either the second or third school term.
As used in this Section, "school term" means the school
term established by the board pursuant to Section 10-19 of
this Code, and "full-time service" means the teacher has
actually worked at least 150 days during the school term. As
used in this Article, "teachers" means and includes all
members of the teaching force excluding the general
superintendent and principals.
There shall be no reduction in teachers because of a
decrease in student membership or a change in subject
requirements within the attendance center organization after
the 20th day following the first day of the school year, except
that: (1) this provision shall not apply to desegregation

HB2793 - 111 - LRB104 03475 LNS 13498 b
positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at
attendance centers maintaining any of grades 9 through 12,
there may be a second reduction in teachers on the first day of
the second semester of the regular school term because of a
decrease in student membership or a change in subject
requirements within the attendance center organization.
A teacher who is due to be evaluated in the last year
before the teacher is set to retire shall be offered the
opportunity to waive the evaluation and to retain the
teacher's most recent rating, unless the teacher was last
rated as "needs improvement" or "unsatisfactory" or, on or
after September 1, 2026, "ineffective". The school district
may still reserve the right to evaluate a teacher provided the
district gives notice to the teacher at least 14 days before
the evaluation and a reason for evaluating the teacher.
The school principal shall make the decision in selecting
teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 103-85, eff. 6-9-23; 103-500, eff. 8-4-23;
103-605, eff. 7-1-24.)
(105 ILCS 5/34-85c)
Sec. 34-85c. Alternative procedures for teacher
evaluation, remediation, and removal for cause after
remediation.

HB2793 - 112 - LRB104 03475 LNS 13498 b
(a) Notwithstanding any law to the contrary, the board and
the exclusive representative of the district's teachers are
hereby authorized to negotiate and enter into an agreement to
establish alternative procedures for teacher evaluation,
remediation, and removal for cause after remediation,
including an alternative system for peer evaluation and
recommendations; provided, however, that no later than
September 1, 2012: (i) any alternative procedures must include
provisions whereby student performance data is a significant
factor in teacher evaluation, except that, on and after
September 1, 2026, such provisions may be included, and (ii)
teachers are rated as "excellent", "proficient", "needs
improvement" or "unsatisfactory" until September 1, 2026, on
and after which time the ratings shall be "ineffective" and
"effective". Pursuant exclusively to that agreement, teachers
assigned to schools identified in that agreement shall be
subject to an alternative performance evaluation plan and
remediation procedures in lieu of the plan and procedures set
forth in Article 24A of this Code, other than subsection (d) of
Section 24A-4, and alternative removal for cause standards and
procedures in lieu of the removal standards and procedures set
forth in Section 34-85 of this Code. To the extent that the
agreement provides a teacher with an opportunity for a hearing
on removal for cause before an independent hearing officer in
accordance with Section 34-85 or otherwise, the hearing
officer shall be governed by the alternative performance

HB2793 - 113 - LRB104 03475 LNS 13498 b
evaluation plan, remediation procedures, and removal standards
and procedures set forth in the agreement in making findings
of fact and a recommendation.
(a-5) If the Governor has declared a disaster due to a
public health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act that suspends in-person
instruction, the timelines connected to the commencement and
completion of any remediation plan are paused. Except where
the parties mutually agree otherwise and such agreement is in
writing, any remediation plan that had been in place for 45 or
more days prior to the suspension of in-person instruction
shall resume when in-person instruction resumes; any
remediation plan that had been in place for fewer than 45 days
prior to the suspension of in-person instruction shall
discontinue and a new remediation period will begin when
in-person instruction resumes.
(a-10) The No later than September 1, 2022, the school
district must establish a teacher evaluation plan that ensures
that each teacher in contractual continued service whose
performance is rated as either "excellent" or "proficient" or,
on or after September 1, 2026, "effective" is evaluated at
least once in the course of the 3 school years after receipt of
the rating and establish an informal teacher observation plan
that ensures that each teacher in contractual continued
service whose performance is rated as either "excellent" or
"proficient" or, on or after September 1, 2026, "effective" is

HB2793 - 114 - LRB104 03475 LNS 13498 b
informally observed at least once in the course of the 2 school
years after receipt of the rating.
(a-15) For the 2022-2023 school year only, if the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the school district may waive the evaluation
requirement of any teacher in contractual continued service
whose performance was rated as either "excellent" or
"proficient" during the last school year in which the teacher
was evaluated under this Section.
(b) The board and the exclusive representative of the
district's teachers shall submit a certified copy of an
agreement as provided under subsection (a) of this Section to
the State Board of Education.
(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22;
102-729, eff. 5-6-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.