Bill Text: IL HB4256 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In provisions concerning the content of evaluation plans, for the 2022-2023 school year only if the Governor has declared a disaster due to a public health emergency (rather than for the 2021-2022 and 2022-2023 school years only), allows a school district to waive the evaluation requirement of any teacher in contractual continued service whose performance during the last school year in which the teacher was evaluated was rated as either "excellent" or "proficient". In provisions concerning the development of an evaluation plan for principals and assistant principals, for the 2022-2023 school year only if the Governor has declared a disaster due to a public health emergency (rather than for the 2021-2022 and 2022-2023 school years only), allows a school district to waive the evaluation requirement of any principal or assistant principal whose performance during the last school year in which the principal or assistant principal was evaluated was rated as either "excellent" or "proficient". Removes the provisions making changes concerning rules adopted by the State Board of Education related to educator evaluations. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2022-07-13 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB4256 Detail]
Download: Illinois-2021-HB4256-Introduced.html
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. In provisions concerning the content of evaluation plans, for the 2022-2023 school year only if the Governor has declared a disaster due to a public health emergency (rather than for the 2021-2022 and 2022-2023 school years only), allows a school district to waive the evaluation requirement of any teacher in contractual continued service whose performance during the last school year in which the teacher was evaluated was rated as either "excellent" or "proficient". In provisions concerning the development of an evaluation plan for principals and assistant principals, for the 2022-2023 school year only if the Governor has declared a disaster due to a public health emergency (rather than for the 2021-2022 and 2022-2023 school years only), allows a school district to waive the evaluation requirement of any principal or assistant principal whose performance during the last school year in which the principal or assistant principal was evaluated was rated as either "excellent" or "proficient". Removes the provisions making changes concerning rules adopted by the State Board of Education related to educator evaluations. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2022-07-13 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB4256 Detail]
Download: Illinois-2021-HB4256-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | |||||||||||||||||||||||
5 | 24A-5, 24A-7, and 24A-15 as follows:
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6 | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | |||||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 102-252 ) | |||||||||||||||||||||||
8 | Sec. 24A-5. Content of evaluation plans. This Section | |||||||||||||||||||||||
9 | does not apply to teachers assigned to schools identified in | |||||||||||||||||||||||
10 | an agreement entered into between the board of a school | |||||||||||||||||||||||
11 | district operating under Article 34 of this Code and the | |||||||||||||||||||||||
12 | exclusive representative of the district's teachers in | |||||||||||||||||||||||
13 | accordance with Section 34-85c of this Code.
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14 | Each school district to
which this Article applies shall | |||||||||||||||||||||||
15 | establish a teacher evaluation plan
which ensures that each | |||||||||||||||||||||||
16 | teacher in contractual continued service
is evaluated at least | |||||||||||||||||||||||
17 | once in the course of every 2 school years. | |||||||||||||||||||||||
18 | By no later than September 1, 2012, each school district | |||||||||||||||||||||||
19 | shall establish a teacher evaluation plan that ensures that: | |||||||||||||||||||||||
20 | (1) each teacher not in contractual continued service | |||||||||||||||||||||||
21 | is evaluated at least once every school year; and | |||||||||||||||||||||||
22 | (2) each teacher in contractual continued service is | |||||||||||||||||||||||
23 | evaluated at least once in the course of every 2 school |
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1 | years. However, any teacher in contractual continued | ||||||
2 | service whose performance is rated as either "needs | ||||||
3 | improvement" or "unsatisfactory" must be evaluated at | ||||||
4 | least once in the school year following the receipt of | ||||||
5 | such rating. | ||||||
6 | For the 2021-2022 and 2022-2023 school years only, a | ||||||
7 | school district may waive the evaluation requirement of any | ||||||
8 | teacher in contractual continued service whose performance was | ||||||
9 | rated as either "excellent" or "proficient" during the last | ||||||
10 | school year in which the teacher was evaluated under this | ||||||
11 | Section. | ||||||
12 | Notwithstanding anything to the contrary in this Section | ||||||
13 | or any other Section of the School Code, a principal shall not | ||||||
14 | be prohibited from evaluating any teachers within a school | ||||||
15 | during his or her first year as principal of such school. If a | ||||||
16 | first-year principal exercises this option in a school | ||||||
17 | district where the evaluation plan provides for a teacher in | ||||||
18 | contractual continued service to be evaluated once in the | ||||||
19 | course of every 2 school years, then a new 2-year evaluation | ||||||
20 | plan must be established. | ||||||
21 | The evaluation plan shall comply with the requirements of | ||||||
22 | this Section and
of any rules adopted by the State Board of | ||||||
23 | Education pursuant to this Section. | ||||||
24 | The plan shall include a description of each teacher's | ||||||
25 | duties
and responsibilities and of the standards to which that | ||||||
26 | teacher
is expected to conform, and shall include at least the |
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| |||||||
1 | following components: | ||||||
2 | (a) personal observation of the teacher in the | ||||||
3 | classroom by the evaluator, unless
the teacher has no | ||||||
4 | classroom duties. | ||||||
5 | (b) consideration of the teacher's attendance, | ||||||
6 | planning,
instructional methods, classroom management, | ||||||
7 | where relevant, and
competency in the subject matter | ||||||
8 | taught. | ||||||
9 | (c) by no later than the applicable implementation | ||||||
10 | date, consideration of student growth as a significant | ||||||
11 | factor in the rating of the teacher's performance. | ||||||
12 | (d) prior to September 1, 2012, rating of the | ||||||
13 | performance of teachers in contractual continued service | ||||||
14 | as either: | ||||||
15 | (i) "excellent",
"satisfactory" or | ||||||
16 | "unsatisfactory"; or | ||||||
17 | (ii) "excellent", "proficient", "needs | ||||||
18 | improvement" or "unsatisfactory". | ||||||
19 | (e) on and after September 1, 2012, rating of the | ||||||
20 | performance of all teachers as "excellent", "proficient", | ||||||
21 | "needs improvement" or "unsatisfactory". | ||||||
22 | (f) specification as to the teacher's strengths and | ||||||
23 | weaknesses, with
supporting reasons for the comments made. | ||||||
24 | (g) inclusion of a copy of the evaluation in the | ||||||
25 | teacher's personnel
file and provision of a copy to the | ||||||
26 | teacher. |
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1 | (h) within 30 school days after the completion of an | ||||||
2 | evaluation rating a teacher in contractual continued | ||||||
3 | service as "needs improvement", development by the | ||||||
4 | evaluator, in consultation with the teacher, and taking | ||||||
5 | into account the teacher's on-going professional | ||||||
6 | responsibilities including his or her regular teaching | ||||||
7 | assignments, of a professional development plan directed | ||||||
8 | to the areas that need improvement and any supports that | ||||||
9 | the district will provide to address the areas identified | ||||||
10 | as needing improvement. | ||||||
11 | (i) within 30 school days after completion of an | ||||||
12 | evaluation rating a teacher
in contractual continued | ||||||
13 | service as "unsatisfactory", development and commencement | ||||||
14 | by the district of a remediation plan designed to correct | ||||||
15 | deficiencies
cited, provided the deficiencies are deemed | ||||||
16 | remediable.
In all school districts the
remediation plan | ||||||
17 | for unsatisfactory, tenured teachers shall
provide for 90 | ||||||
18 | school days of remediation within the
classroom, unless an | ||||||
19 | applicable collective bargaining agreement provides for a | ||||||
20 | shorter duration. In all school districts evaluations | ||||||
21 | issued pursuant
to
this Section shall be
issued within 10 | ||||||
22 | days after the conclusion of the respective remediation | ||||||
23 | plan.
However, the school board or other governing | ||||||
24 | authority of the district
shall not lose
jurisdiction to | ||||||
25 | discharge a teacher in the event the evaluation is not | ||||||
26 | issued
within 10 days after the conclusion of the |
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1 | respective remediation plan. | ||||||
2 | (j) participation in the remediation plan by the | ||||||
3 | teacher in contractual continued service rated
| ||||||
4 | "unsatisfactory", an evaluator and a consulting teacher | ||||||
5 | selected by the evaluator of the teacher who was rated | ||||||
6 | "unsatisfactory", which
consulting teacher is an | ||||||
7 | educational employee as defined in the Educational
Labor | ||||||
8 | Relations Act, has at least 5 years' teaching experience, | ||||||
9 | and a
reasonable familiarity with the assignment of the | ||||||
10 | teacher being evaluated,
and who received an "excellent" | ||||||
11 | rating on his or her most
recent evaluation. Where no | ||||||
12 | teachers who meet these criteria are available
within the | ||||||
13 | district, the district shall request and the applicable | ||||||
14 | regional office of education shall supply, to participate | ||||||
15 | in the remediation process, an
individual who meets these | ||||||
16 | criteria. | ||||||
17 | In a district having a population of less than 500,000 | ||||||
18 | with an
exclusive bargaining agent, the bargaining agent
| ||||||
19 | may, if it so chooses, supply a roster of qualified | ||||||
20 | teachers from whom the
consulting teacher is to be | ||||||
21 | selected. That roster shall, however, contain
the names of | ||||||
22 | at least 5 teachers, each of whom meets the criteria for
| ||||||
23 | consulting teacher with regard to the teacher being | ||||||
24 | evaluated, or the names
of all teachers so qualified if | ||||||
25 | that number is less than 5. In the event of
a dispute as to | ||||||
26 | qualification, the State Board shall determine |
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| |||||||
1 | qualification. | ||||||
2 | (k) a mid-point and final evaluation by an evaluator | ||||||
3 | during and at the end of the remediation period, | ||||||
4 | immediately following receipt of a remediation plan | ||||||
5 | provided for under subsections (i) and (j) of this | ||||||
6 | Section. Each evaluation shall assess the teacher's | ||||||
7 | performance during the time period since the prior | ||||||
8 | evaluation; provided that the last evaluation shall also | ||||||
9 | include an overall evaluation of the teacher's performance | ||||||
10 | during the remediation period. A written copy of the | ||||||
11 | evaluations and ratings, in which any deficiencies in | ||||||
12 | performance and recommendations for correction are | ||||||
13 | identified, shall be provided to and discussed with the | ||||||
14 | teacher within 10 school days after the date of the | ||||||
15 | evaluation, unless an applicable collective bargaining | ||||||
16 | agreement provides to the contrary. These subsequent | ||||||
17 | evaluations
shall be conducted by an evaluator. The | ||||||
18 | consulting
teacher shall provide advice to the teacher | ||||||
19 | rated "unsatisfactory" on how
to improve teaching skills | ||||||
20 | and to successfully complete the remediation
plan. The | ||||||
21 | consulting teacher shall participate in developing the
| ||||||
22 | remediation plan, but the final decision as to the | ||||||
23 | evaluation shall be done
solely by the evaluator,
unless | ||||||
24 | an applicable collective bargaining agreement provides to | ||||||
25 | the contrary.
Evaluations at the
conclusion of the | ||||||
26 | remediation process shall be separate and distinct from |
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| |||||||
1 | the
required annual evaluations of teachers and shall not | ||||||
2 | be subject to the
guidelines and procedures relating to | ||||||
3 | those annual evaluations. The evaluator
may but is not | ||||||
4 | required to use the forms provided for the annual | ||||||
5 | evaluation of
teachers in the district's evaluation plan. | ||||||
6 | (l)
reinstatement to the evaluation schedule set forth | ||||||
7 | in the district's evaluation plan for any teacher in | ||||||
8 | contractual continued service
who achieves a rating equal | ||||||
9 | to or better than "satisfactory" or "proficient" in the | ||||||
10 | school year following a rating of "needs improvement" or | ||||||
11 | "unsatisfactory". | ||||||
12 | (m) dismissal in accordance with subsection (d) of | ||||||
13 | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | ||||||
14 | any teacher who fails to complete any applicable | ||||||
15 | remediation plan
with a rating equal to or better than a | ||||||
16 | "satisfactory" or "proficient" rating. Districts and | ||||||
17 | teachers subject to
dismissal hearings are precluded from | ||||||
18 | compelling the testimony of
consulting teachers at such | ||||||
19 | hearings under subsection (d) of Section 24-12 or Section | ||||||
20 | 24-16.5 or 34-85 of this Code, either
as to the rating | ||||||
21 | process or for opinions of performances by teachers under
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22 | remediation. | ||||||
23 | (n) After the implementation date of an evaluation | ||||||
24 | system for teachers in a district as specified in Section | ||||||
25 | 24A-2.5 of this Code, if a teacher in contractual | ||||||
26 | continued service successfully completes a remediation |
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1 | plan following a rating of "unsatisfactory" in an annual | ||||||
2 | or biennial overall performance evaluation received after | ||||||
3 | the foregoing implementation date and receives a | ||||||
4 | subsequent rating of "unsatisfactory" in any of the | ||||||
5 | teacher's annual or biennial overall performance | ||||||
6 | evaluation ratings received during the 36-month period | ||||||
7 | following the teacher's completion of the remediation | ||||||
8 | plan, then the school district may forego remediation and | ||||||
9 | seek dismissal in accordance with subsection (d) of | ||||||
10 | Section 24-12 or Section 34-85 of this Code. | ||||||
11 | Nothing in this Section or Section 24A-4 shall be | ||||||
12 | construed as preventing immediate
dismissal of a teacher for | ||||||
13 | deficiencies which are
deemed irremediable or for actions | ||||||
14 | which are injurious to or endanger the
health or person of | ||||||
15 | students in the classroom or school, or preventing the | ||||||
16 | dismissal or non-renewal of teachers not in contractual | ||||||
17 | continued service for any reason not prohibited by applicable | ||||||
18 | employment, labor, and civil rights laws. Failure to
strictly | ||||||
19 | comply with the time requirements contained in Section 24A-5 | ||||||
20 | shall
not invalidate the results of the remediation plan. | ||||||
21 | Nothing contained in this amendatory Act of the 98th | ||||||
22 | General Assembly repeals, supersedes, invalidates, or | ||||||
23 | nullifies final decisions in lawsuits pending on the effective | ||||||
24 | date of this amendatory Act of the 98th General Assembly in | ||||||
25 | Illinois courts involving the interpretation of Public Act | ||||||
26 | 97-8. |
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1 | If the Governor has declared a disaster due to a public | ||||||
2 | health emergency pursuant to Section 7 of the Illinois | ||||||
3 | Emergency Management Agency Act that suspends in-person | ||||||
4 | instruction, the timelines in this Section connected to the | ||||||
5 | commencement and completion of any remediation plan are | ||||||
6 | waived. Except if the parties mutually agree otherwise and the | ||||||
7 | agreement is in writing, any remediation plan that had been in | ||||||
8 | place for more than 45 days prior to the suspension of | ||||||
9 | in-person instruction shall resume when in-person instruction | ||||||
10 | resumes and any remediation plan that had been in place for | ||||||
11 | fewer than 45 days prior to the suspension of in-person | ||||||
12 | instruction shall be discontinued and a new remediation period | ||||||
13 | shall begin when in-person instruction resumes. The | ||||||
14 | requirements of this paragraph apply regardless of whether | ||||||
15 | they are included in a school district's teacher evaluation | ||||||
16 | plan. | ||||||
17 | (Source: P.A. 101-643, eff. 6-18-20.)
| ||||||
18 | (Text of Section after amendment by P.A. 102-252 ) | ||||||
19 | Sec. 24A-5. Content of evaluation plans. This Section | ||||||
20 | does not apply to teachers assigned to schools identified in | ||||||
21 | an agreement entered into between the board of a school | ||||||
22 | district operating under Article 34 of this Code and the | ||||||
23 | exclusive representative of the district's teachers in | ||||||
24 | accordance with Section 34-85c of this Code.
| ||||||
25 | Each school district to
which this Article applies shall |
| |||||||
| |||||||
1 | establish a teacher evaluation plan
which ensures that each | ||||||
2 | teacher in contractual continued service
is evaluated at least | ||||||
3 | once in the course of every 2 or 3 school years as provided in | ||||||
4 | this Section. | ||||||
5 | Each school district shall establish a teacher evaluation | ||||||
6 | plan that ensures that: | ||||||
7 | (1) each teacher not in contractual continued service | ||||||
8 | is evaluated at least once every school year; and | ||||||
9 | (2) except as otherwise provided in this Section, each | ||||||
10 | teacher in contractual continued service is evaluated at | ||||||
11 | least once in the course of every 2 school years. However, | ||||||
12 | any teacher in contractual continued service whose | ||||||
13 | performance is rated as either "needs improvement" or | ||||||
14 | "unsatisfactory" must be evaluated at least once in the | ||||||
15 | school year following the receipt of such rating. | ||||||
16 | No later than September 1, 2022, each school district must | ||||||
17 | establish a teacher evaluation plan that ensures that each | ||||||
18 | teacher in contractual continued service whose performance is | ||||||
19 | rated as either "excellent" or "proficient" is evaluated at | ||||||
20 | least once in the course of the 3 school years after receipt of | ||||||
21 | the rating and implement an informal teacher observation plan | ||||||
22 | established by agency rule and by agreement of the joint | ||||||
23 | committee established under subsection (b) of Section 24A-4 of | ||||||
24 | this Code that ensures that each teacher in contractual | ||||||
25 | continued service whose performance is rated as either | ||||||
26 | "excellent" or "proficient" is informally observed at least |
| |||||||
| |||||||
1 | once in the course of the 2 school years after receipt of the | ||||||
2 | rating. | ||||||
3 | For the 2021-2022 and 2022-2023 school years only, a | ||||||
4 | school district may waive the evaluation requirement of any | ||||||
5 | teacher in contractual continued service whose performance was | ||||||
6 | rated as either "excellent" or "proficient" during the last | ||||||
7 | school year in which the teacher was evaluated under this | ||||||
8 | Section. | ||||||
9 | Notwithstanding anything to the contrary in this Section | ||||||
10 | or any other Section of the School Code, a principal shall not | ||||||
11 | be prohibited from evaluating any teachers within a school | ||||||
12 | during his or her first year as principal of such school. If a | ||||||
13 | first-year principal exercises this option in a school | ||||||
14 | district where the evaluation plan provides for a teacher in | ||||||
15 | contractual continued service to be evaluated once in the | ||||||
16 | course of every 2 or 3 school years, as applicable, then a new | ||||||
17 | 2-year or 3-year evaluation plan must be established. | ||||||
18 | The evaluation plan shall comply with the requirements of | ||||||
19 | this Section and
of any rules adopted by the State Board of | ||||||
20 | Education pursuant to this Section. | ||||||
21 | The plan shall include a description of each teacher's | ||||||
22 | duties
and responsibilities and of the standards to which that | ||||||
23 | teacher
is expected to conform, and shall include at least the | ||||||
24 | following components: | ||||||
25 | (a) personal observation of the teacher in the | ||||||
26 | classroom by the evaluator, unless
the teacher has no |
| |||||||
| |||||||
1 | classroom duties. | ||||||
2 | (b) consideration of the teacher's attendance, | ||||||
3 | planning,
instructional methods, classroom management, | ||||||
4 | where relevant, and
competency in the subject matter | ||||||
5 | taught. | ||||||
6 | (c) by no later than the applicable implementation | ||||||
7 | date, consideration of student growth as a significant | ||||||
8 | factor in the rating of the teacher's performance. | ||||||
9 | (d) prior to September 1, 2012, rating of the | ||||||
10 | performance of teachers in contractual continued service | ||||||
11 | as either: | ||||||
12 | (i) "excellent",
"satisfactory" or | ||||||
13 | "unsatisfactory"; or | ||||||
14 | (ii) "excellent", "proficient", "needs | ||||||
15 | improvement" or "unsatisfactory". | ||||||
16 | (e) on and after September 1, 2012, rating of the | ||||||
17 | performance of all teachers as "excellent", "proficient", | ||||||
18 | "needs improvement" or "unsatisfactory". | ||||||
19 | (f) specification as to the teacher's strengths and | ||||||
20 | weaknesses, with
supporting reasons for the comments made. | ||||||
21 | (g) inclusion of a copy of the evaluation in the | ||||||
22 | teacher's personnel
file and provision of a copy to the | ||||||
23 | teacher. | ||||||
24 | (h) within 30 school days after the completion of an | ||||||
25 | evaluation rating a teacher in contractual continued | ||||||
26 | service as "needs improvement", development by the |
| |||||||
| |||||||
1 | evaluator, in consultation with the teacher, and taking | ||||||
2 | into account the teacher's on-going professional | ||||||
3 | responsibilities including his or her regular teaching | ||||||
4 | assignments, of a professional development plan directed | ||||||
5 | to the areas that need improvement and any supports that | ||||||
6 | the district will provide to address the areas identified | ||||||
7 | as needing improvement. | ||||||
8 | (i) within 30 school days after completion of an | ||||||
9 | evaluation rating a teacher
in contractual continued | ||||||
10 | service as "unsatisfactory", development and commencement | ||||||
11 | by the district of a remediation plan designed to correct | ||||||
12 | deficiencies
cited, provided the deficiencies are deemed | ||||||
13 | remediable.
In all school districts the
remediation plan | ||||||
14 | for unsatisfactory, tenured teachers shall
provide for 90 | ||||||
15 | school days of remediation within the
classroom, unless an | ||||||
16 | applicable collective bargaining agreement provides for a | ||||||
17 | shorter duration. In all school districts evaluations | ||||||
18 | issued pursuant
to
this Section shall be
issued within 10 | ||||||
19 | days after the conclusion of the respective remediation | ||||||
20 | plan.
However, the school board or other governing | ||||||
21 | authority of the district
shall not lose
jurisdiction to | ||||||
22 | discharge a teacher in the event the evaluation is not | ||||||
23 | issued
within 10 days after the conclusion of the | ||||||
24 | respective remediation plan. | ||||||
25 | (j) participation in the remediation plan by the | ||||||
26 | teacher in contractual continued service rated
|
| |||||||
| |||||||
1 | "unsatisfactory", an evaluator and a consulting teacher | ||||||
2 | selected by the evaluator of the teacher who was rated | ||||||
3 | "unsatisfactory", which
consulting teacher is an | ||||||
4 | educational employee as defined in the Educational
Labor | ||||||
5 | Relations Act, has at least 5 years' teaching experience, | ||||||
6 | and a
reasonable familiarity with the assignment of the | ||||||
7 | teacher being evaluated,
and who received an "excellent" | ||||||
8 | rating on his or her most
recent evaluation. Where no | ||||||
9 | teachers who meet these criteria are available
within the | ||||||
10 | district, the district shall request and the applicable | ||||||
11 | regional office of education shall supply, to participate | ||||||
12 | in the remediation process, an
individual who meets these | ||||||
13 | criteria. | ||||||
14 | In a district having a population of less than 500,000 | ||||||
15 | with an
exclusive bargaining agent, the bargaining agent
| ||||||
16 | may, if it so chooses, supply a roster of qualified | ||||||
17 | teachers from whom the
consulting teacher is to be | ||||||
18 | selected. That roster shall, however, contain
the names of | ||||||
19 | at least 5 teachers, each of whom meets the criteria for
| ||||||
20 | consulting teacher with regard to the teacher being | ||||||
21 | evaluated, or the names
of all teachers so qualified if | ||||||
22 | that number is less than 5. In the event of
a dispute as to | ||||||
23 | qualification, the State Board shall determine | ||||||
24 | qualification. | ||||||
25 | (k) a mid-point and final evaluation by an evaluator | ||||||
26 | during and at the end of the remediation period, |
| |||||||
| |||||||
1 | immediately following receipt of a remediation plan | ||||||
2 | provided for under subsections (i) and (j) of this | ||||||
3 | Section. Each evaluation shall assess the teacher's | ||||||
4 | performance during the time period since the prior | ||||||
5 | evaluation; provided that the last evaluation shall also | ||||||
6 | include an overall evaluation of the teacher's performance | ||||||
7 | during the remediation period. A written copy of the | ||||||
8 | evaluations and ratings, in which any deficiencies in | ||||||
9 | performance and recommendations for correction are | ||||||
10 | identified, shall be provided to and discussed with the | ||||||
11 | teacher within 10 school days after the date of the | ||||||
12 | evaluation, unless an applicable collective bargaining | ||||||
13 | agreement provides to the contrary. These subsequent | ||||||
14 | evaluations
shall be conducted by an evaluator. The | ||||||
15 | consulting
teacher shall provide advice to the teacher | ||||||
16 | rated "unsatisfactory" on how
to improve teaching skills | ||||||
17 | and to successfully complete the remediation
plan. The | ||||||
18 | consulting teacher shall participate in developing the
| ||||||
19 | remediation plan, but the final decision as to the | ||||||
20 | evaluation shall be done
solely by the evaluator,
unless | ||||||
21 | an applicable collective bargaining agreement provides to | ||||||
22 | the contrary.
Evaluations at the
conclusion of the | ||||||
23 | remediation process shall be separate and distinct from | ||||||
24 | the
required annual evaluations of teachers and shall not | ||||||
25 | be subject to the
guidelines and procedures relating to | ||||||
26 | those annual evaluations. The evaluator
may but is not |
| |||||||
| |||||||
1 | required to use the forms provided for the annual | ||||||
2 | evaluation of
teachers in the district's evaluation plan. | ||||||
3 | (l)
reinstatement to the evaluation schedule set forth | ||||||
4 | in the district's evaluation plan for any teacher in | ||||||
5 | contractual continued service
who achieves a rating equal | ||||||
6 | to or better than "satisfactory" or "proficient" in the | ||||||
7 | school year following a rating of "needs improvement" or | ||||||
8 | "unsatisfactory". | ||||||
9 | (m) dismissal in accordance with subsection (d) of | ||||||
10 | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | ||||||
11 | any teacher who fails to complete any applicable | ||||||
12 | remediation plan
with a rating equal to or better than a | ||||||
13 | "satisfactory" or "proficient" rating. Districts and | ||||||
14 | teachers subject to
dismissal hearings are precluded from | ||||||
15 | compelling the testimony of
consulting teachers at such | ||||||
16 | hearings under subsection (d) of Section 24-12 or Section | ||||||
17 | 24-16.5 or 34-85 of this Code, either
as to the rating | ||||||
18 | process or for opinions of performances by teachers under
| ||||||
19 | remediation. | ||||||
20 | (n) After the implementation date of an evaluation | ||||||
21 | system for teachers in a district as specified in Section | ||||||
22 | 24A-2.5 of this Code, if a teacher in contractual | ||||||
23 | continued service successfully completes a remediation | ||||||
24 | plan following a rating of "unsatisfactory" in an overall | ||||||
25 | performance evaluation received after the foregoing | ||||||
26 | implementation date and receives a subsequent rating of |
| |||||||
| |||||||
1 | "unsatisfactory" in any of the teacher's overall | ||||||
2 | performance evaluation ratings received during the | ||||||
3 | 36-month period following the teacher's completion of the | ||||||
4 | remediation plan, then the school district may forego | ||||||
5 | remediation and seek dismissal in accordance with | ||||||
6 | subsection (d) of Section 24-12 or Section 34-85 of this | ||||||
7 | Code. | ||||||
8 | Nothing in this Section or Section 24A-4 shall be | ||||||
9 | construed as preventing immediate
dismissal of a teacher for | ||||||
10 | deficiencies which are
deemed irremediable or for actions | ||||||
11 | which are injurious to or endanger the
health or person of | ||||||
12 | students in the classroom or school, or preventing the | ||||||
13 | dismissal or non-renewal of teachers not in contractual | ||||||
14 | continued service for any reason not prohibited by applicable | ||||||
15 | employment, labor, and civil rights laws. Failure to
strictly | ||||||
16 | comply with the time requirements contained in Section 24A-5 | ||||||
17 | shall
not invalidate the results of the remediation plan. | ||||||
18 | Nothing contained in this amendatory Act of the 98th | ||||||
19 | General Assembly repeals, supersedes, invalidates, or | ||||||
20 | nullifies final decisions in lawsuits pending on the effective | ||||||
21 | date of this amendatory Act of the 98th General Assembly in | ||||||
22 | Illinois courts involving the interpretation of Public Act | ||||||
23 | 97-8. | ||||||
24 | If the Governor has declared a disaster due to a public | ||||||
25 | health emergency pursuant to Section 7 of the Illinois | ||||||
26 | Emergency Management Agency Act that suspends in-person |
| |||||||
| |||||||
1 | instruction, the timelines in this Section connected to the | ||||||
2 | commencement and completion of any remediation plan are | ||||||
3 | waived. Except if the parties mutually agree otherwise and the | ||||||
4 | agreement is in writing, any remediation plan that had been in | ||||||
5 | place for more than 45 days prior to the suspension of | ||||||
6 | in-person instruction shall resume when in-person instruction | ||||||
7 | resumes and any remediation plan that had been in place for | ||||||
8 | fewer than 45 days prior to the suspension of in-person | ||||||
9 | instruction shall be discontinued and a new remediation period | ||||||
10 | shall begin when in-person instruction resumes. The | ||||||
11 | requirements of this paragraph apply regardless of whether | ||||||
12 | they are included in a school district's teacher evaluation | ||||||
13 | plan. | ||||||
14 | (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22.)
| ||||||
15 | (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) | ||||||
16 | (Text of Section before amendment by P.A. 102-252 ) | ||||||
17 | Sec. 24A-7. Rules. The State Board of Education is | ||||||
18 | authorized to adopt such rules as
are deemed necessary to | ||||||
19 | implement and accomplish the purposes and
provisions of this | ||||||
20 | Article, including, but not limited to, rules: | ||||||
21 | (1) relating to the methods for measuring student | ||||||
22 | growth (including, but not limited to, limitations on the | ||||||
23 | age of usable data; the amount of data needed to reliably | ||||||
24 | and validly measure growth for the purpose of teacher and | ||||||
25 | principal evaluations; and whether and at what time annual |
| |||||||
| |||||||
1 | State assessments may be used as one of multiple measures | ||||||
2 | of student growth); | ||||||
3 | (2) defining the term "significant factor" for | ||||||
4 | purposes of including consideration of student growth in | ||||||
5 | performance ratings; | ||||||
6 | (3) controlling for such factors as student | ||||||
7 | characteristics (including, but not limited to, students | ||||||
8 | receiving special education and English Learner services), | ||||||
9 | student attendance, and student mobility so as to best | ||||||
10 | measure the impact that a teacher, principal, school and | ||||||
11 | school district has on students' academic achievement; | ||||||
12 | (4) establishing minimum requirements for district | ||||||
13 | teacher and principal evaluation instruments and | ||||||
14 | procedures; and | ||||||
15 | (5) establishing a model evaluation plan for use by | ||||||
16 | school districts in which student growth shall comprise | ||||||
17 | 50% of the performance rating. | ||||||
18 | Notwithstanding any other rule or law to the contrary, for | ||||||
19 | the 2021-2022 and 2022-2023 school years only, student growth | ||||||
20 | measures described under paragraph (1) of this Section and in | ||||||
21 | administrative rules adopted by the State Board of Education | ||||||
22 | may not be used as a factor in any evaluation under this | ||||||
23 | Article. | ||||||
24 | Notwithstanding any other provision in this Section, such | ||||||
25 | rules shall not preclude a school district having 500,000 or | ||||||
26 | more inhabitants from using an annual State assessment as the |
| |||||||
| |||||||
1 | sole measure of student growth for purposes of teacher or | ||||||
2 | principal evaluations. | ||||||
3 | The State Superintendent of Education shall convene a | ||||||
4 | Performance Evaluation Advisory Council, which shall be | ||||||
5 | staffed by the State Board of Education. Members of the | ||||||
6 | Council shall be selected by the State Superintendent and | ||||||
7 | include, without limitation, representatives of teacher unions | ||||||
8 | and school district management, persons with expertise in | ||||||
9 | performance evaluation processes and systems, as well as other | ||||||
10 | stakeholders. The Council shall meet at least quarterly and | ||||||
11 | may also meet at the call of the chairperson of the Council, | ||||||
12 | following August 18, 2017 (the effective date of Public Act | ||||||
13 | 100-211) until June 30, 2021. The Council shall advise the | ||||||
14 | State Board of Education on the ongoing implementation of | ||||||
15 | performance evaluations in this State, which may include | ||||||
16 | gathering public feedback, sharing best practices, consulting | ||||||
17 | with the State Board on any proposed rule changes regarding | ||||||
18 | evaluations, and other subjects as determined by the | ||||||
19 | chairperson of the Council. | ||||||
20 | Prior to the applicable implementation date, these rules | ||||||
21 | shall not apply to teachers assigned to schools identified in | ||||||
22 | an agreement entered into between the board of a school | ||||||
23 | district operating under Article 34 of this Code and the | ||||||
24 | exclusive representative of the district's teachers in | ||||||
25 | accordance with Section 34-85c of this Code. | ||||||
26 | (Source: P.A. 102-558, eff. 8-20-21.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-252 ) | ||||||
2 | Sec. 24A-7. Rules. The State Board of Education is | ||||||
3 | authorized to adopt such rules as
are deemed necessary to | ||||||
4 | implement and accomplish the purposes and
provisions of this | ||||||
5 | Article, including, but not limited to, rules: | ||||||
6 | (1) relating to the methods for measuring student | ||||||
7 | growth (including, but not limited to, limitations on the | ||||||
8 | age of usable data; the amount of data needed to reliably | ||||||
9 | and validly measure growth for the purpose of teacher and | ||||||
10 | principal evaluations; and whether and at what time annual | ||||||
11 | State assessments may be used as one of multiple measures | ||||||
12 | of student growth); | ||||||
13 | (2) defining the term "significant factor" for | ||||||
14 | purposes of including consideration of student growth in | ||||||
15 | performance ratings; | ||||||
16 | (3) controlling for such factors as student | ||||||
17 | characteristics (including, but not limited to, students | ||||||
18 | receiving special education and English Learner services), | ||||||
19 | student attendance, and student mobility so as to best | ||||||
20 | measure the impact that a teacher, principal, school and | ||||||
21 | school district has on students' academic achievement; | ||||||
22 | (4) establishing minimum requirements for district | ||||||
23 | teacher and principal evaluation instruments and | ||||||
24 | procedures; and | ||||||
25 | (5) establishing a model evaluation plan for use by |
| |||||||
| |||||||
1 | school districts in which student growth shall comprise | ||||||
2 | 50% of the performance rating. | ||||||
3 | Notwithstanding any other rule or law to the contrary, for | ||||||
4 | the 2021-2022 and 2022-2023 school years only, student growth | ||||||
5 | measures described under paragraph (1) of this Section and in | ||||||
6 | administrative rules adopted by the State Board of Education | ||||||
7 | may not be used as a factor in any evaluation under this | ||||||
8 | Article. | ||||||
9 | Notwithstanding any other provision in this Section, such | ||||||
10 | rules shall not preclude a school district having 500,000 or | ||||||
11 | more inhabitants from using an annual State assessment as the | ||||||
12 | sole measure of student growth for purposes of teacher or | ||||||
13 | principal evaluations. | ||||||
14 | The State Superintendent of Education shall convene a | ||||||
15 | Performance Evaluation Advisory Council, which shall be | ||||||
16 | staffed by the State Board of Education. Members of the | ||||||
17 | Council shall be selected by the State Superintendent and | ||||||
18 | include, without limitation, representatives of teacher unions | ||||||
19 | and school district management, persons with expertise in | ||||||
20 | performance evaluation processes and systems, as well as other | ||||||
21 | stakeholders. The Council shall meet at least quarterly and | ||||||
22 | may also meet at the call of the chairperson of the Council, | ||||||
23 | following August 18, 2017 (the effective date of Public Act | ||||||
24 | 100-211) until June 30, 2024. The Council shall advise the | ||||||
25 | State Board of Education on the ongoing implementation of | ||||||
26 | performance evaluations in this State, which may include |
| |||||||
| |||||||
1 | gathering public feedback, sharing best practices, consulting | ||||||
2 | with the State Board on any proposed rule changes regarding | ||||||
3 | evaluations, and other subjects as determined by the | ||||||
4 | chairperson of the Council. | ||||||
5 | Prior to the applicable implementation date, these rules | ||||||
6 | shall not apply to teachers assigned to schools identified in | ||||||
7 | an agreement entered into between the board of a school | ||||||
8 | district operating under Article 34 of this Code and the | ||||||
9 | exclusive representative of the district's teachers in | ||||||
10 | accordance with Section 34-85c of this Code. | ||||||
11 | (Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.)
| ||||||
12 | (105 ILCS 5/24A-15) | ||||||
13 | Sec. 24A-15. Development of evaluation plan for principals | ||||||
14 | and assistant principals. | ||||||
15 | (a) Each school district, except for a school district | ||||||
16 | organized under Article 34 of this Code, shall establish a | ||||||
17 | principal and assistant principal evaluation plan in | ||||||
18 | accordance with this Section. The plan must ensure that each | ||||||
19 | principal and assistant principal is evaluated as follows: | ||||||
20 | (1) For a principal or assistant principal on a | ||||||
21 | single-year contract, the evaluation must take place by | ||||||
22 | March 1 of each year. | ||||||
23 | (2) For a principal or assistant principal on a | ||||||
24 | multi-year contract under Section 10-23.8a of this Code, | ||||||
25 | the evaluation must take place by March 1 of the final year |
| |||||||
| |||||||
1 | of the contract. | ||||||
2 | On and after September 1, 2012, the plan must: | ||||||
3 | (i) rate the principal's or assistant principal's | ||||||
4 | performance as "excellent", "proficient", "needs | ||||||
5 | improvement" or "unsatisfactory"; and | ||||||
6 | (ii) ensure that each principal and assistant | ||||||
7 | principal is evaluated at least once every school year. | ||||||
8 | Nothing in this Section prohibits a school district from | ||||||
9 | conducting additional evaluations of principals and assistant | ||||||
10 | principals.
| ||||||
11 | For the 2021-2022 and 2022-2023 school years only, a | ||||||
12 | school district may waive the evaluation requirement of any | ||||||
13 | principal or assistant principal whose performance was rated | ||||||
14 | as either "excellent" or "proficient" during the last school | ||||||
15 | year in which the principal or assistant principal was | ||||||
16 | evaluated under this Section. | ||||||
17 | (b) The evaluation shall include a description of the | ||||||
18 | principal's or assistant principal's duties and | ||||||
19 | responsibilities and the standards to which the principal or | ||||||
20 | assistant principal is expected to conform. | ||||||
21 | (c) The evaluation for a principal must be performed by | ||||||
22 | the district superintendent, the superintendent's designee, | ||||||
23 | or, in the absence of the superintendent or his or her | ||||||
24 | designee, an individual appointed by the school board who | ||||||
25 | holds a registered Type 75 State administrative certificate. | ||||||
26 | Prior to September 1, 2012, the evaluation must be in |
| |||||||
| |||||||
1 | writing and must at least do all of the following: | ||||||
2 | (1) Consider the principal's specific duties, | ||||||
3 | responsibilities, management, and competence as a | ||||||
4 | principal. | ||||||
5 | (2) Specify the principal's strengths and weaknesses, | ||||||
6 | with supporting reasons. | ||||||
7 | (3) Align with research-based standards established by | ||||||
8 | administrative rule.
| ||||||
9 | On and after September 1, 2012, the evaluation must, in | ||||||
10 | addition to the requirements in items (1), (2), and (3) of this | ||||||
11 | subsection (c), provide for the use of data and indicators on | ||||||
12 | student growth as a significant factor in rating performance. | ||||||
13 | (c-5) The evaluation of an assistant principal must be | ||||||
14 | performed by the principal, the district superintendent, the | ||||||
15 | superintendent's designee, or, in the absence of the | ||||||
16 | superintendent or his or her designee, an individual appointed | ||||||
17 | by the school board who holds a registered Type 75 State | ||||||
18 | administrative certificate. The evaluation must be in writing | ||||||
19 | and must at least do all of the following: | ||||||
20 | (1) Consider the assistant principal's specific | ||||||
21 | duties, responsibilities, management, and competence as an | ||||||
22 | assistant principal. | ||||||
23 | (2) Specify the assistant principal's strengths and | ||||||
24 | weaknesses with supporting reasons. | ||||||
25 | (3) Align with the Illinois Professional Standards for | ||||||
26 | School Leaders or research-based district standards. |
| |||||||
| |||||||
1 | On and after September 1, 2012, the evaluation must, in | ||||||
2 | addition to the requirements in items (1), (2), and (3) of this | ||||||
3 | subsection (c-5), provide for the use of data and indicators | ||||||
4 | on student growth as a significant factor in rating | ||||||
5 | performance. | ||||||
6 | (d) One copy of the evaluation must be included in the | ||||||
7 | principal's or assistant principal's personnel file and one | ||||||
8 | copy of the evaluation must be provided to the principal or | ||||||
9 | assistant principal. | ||||||
10 | (e) Failure by a district to evaluate a principal or | ||||||
11 | assistant principal and to provide the principal or assistant | ||||||
12 | principal with a copy of the evaluation at least once during | ||||||
13 | the term of the principal's or assistant principal's contract, | ||||||
14 | in accordance with this Section, is evidence that the | ||||||
15 | principal or assistant principal is performing duties and | ||||||
16 | responsibilities in at least a satisfactory manner and shall | ||||||
17 | serve to automatically extend the principal's or assistant | ||||||
18 | principal's contract for a period of one year after the | ||||||
19 | contract would otherwise expire, under the same terms and | ||||||
20 | conditions as the prior year's contract. The requirements in | ||||||
21 | this Section are in addition to the right of a school board to | ||||||
22 | reclassify a principal or assistant principal pursuant to | ||||||
23 | Section 10-23.8b of this Code. | ||||||
24 | (f) Nothing in this Section prohibits a school board from | ||||||
25 | ordering lateral transfers of principals or assistant | ||||||
26 | principals to positions of similar rank and salary.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.)
| ||||||
2 | Section 95. No acceleration or delay. Where this Act makes | ||||||
3 | changes in a statute that is represented in this Act by text | ||||||
4 | that is not yet or no longer in effect (for example, a Section | ||||||
5 | represented by multiple versions), the use of that text does | ||||||
6 | not accelerate or delay the taking effect of (i) the changes | ||||||
7 | made by this Act or (ii) provisions derived from any other | ||||||
8 | Public Act.
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|