Public Act 102-0729

HB4256 Enrolled LRB102 21733 CMG 30852 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

24A-5, 24A-15, and 34-85c as follows:

(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 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" must be evaluated at least once in the

school year following the receipt of such rating.

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" 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

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" 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 the School 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.

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, 2012, rating of the

performance of all teachers as "excellent", "proficient",

"needs improvement" or "unsatisfactory".

(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) 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 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", 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, tenured teachers shall provide for 90

school days of remediation within the classroom, unless an

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", an evaluator and a consulting teacher

selected by the evaluator of the teacher who was rated

"unsatisfactory", which consulting teacher is an

educational employee as defined in the Educational Labor

Relations Act, has at least 5 years' teaching experience,

and a reasonable familiarity with the assignment of the

teacher being evaluated, and who received an "excellent"

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 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. 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

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" 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

"unsatisfactory".

(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" 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" in an overall

performance evaluation received after the foregoing

implementation date and receives a subsequent rating of

"unsatisfactory" in any of the teacher's overall

performance evaluation ratings received during the

36-month period following the teacher's completion of the

remediation plan, then the school district may forego

remediation and seek dismissal in accordance with

subsection (d) of Section 24-12 or Section 34-85 of this

Code.

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 this amendatory Act of the 98th

General Assembly repeals, supersedes, invalidates, or

nullifies final decisions in lawsuits pending on the effective

date of this amendatory Act of the 98th General Assembly 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. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22.)

(105 ILCS 5/24A-15)

Sec. 24A-15. Development of evaluation plan for principals

and assistant principals.

(a) Each school district, except for a school district

organized under Article 34 of this Code, shall establish a

principal and assistant principal evaluation plan in

accordance with this Section. The plan must ensure that each

principal and assistant principal is evaluated as follows:

(1) For a principal or assistant principal on a

single-year contract, the evaluation must take place by

March 1 of each year.

(2) For a principal or assistant principal on a

multi-year contract under Section 10-23.8a of this Code,

the evaluation must take place by March 1 of the final year

of the contract.

On and after September 1, 2012, the plan must:

(i) rate the principal's or assistant principal's

performance as "excellent", "proficient", "needs

improvement" or "unsatisfactory"; and

(ii) ensure that each principal and assistant

principal is evaluated at least once every school year.

Nothing in this Section prohibits a school district from

conducting additional evaluations of principals and assistant

principals.

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

principals or assistant principals whose performances were

rated as either "excellent" or "proficient" during the last

school year in which the principals or assistant principals

were evaluated under this Section.

(b) The evaluation shall include a description of the

principal's or assistant principal's duties and

responsibilities and the standards to which the principal or

assistant principal is expected to conform.

(c) The evaluation for a principal must be performed by

the district superintendent, the superintendent's designee,

or, in the absence of the superintendent or his or her

designee, an individual appointed by the school board who

holds a registered Type 75 State administrative certificate.

Prior to September 1, 2012, the evaluation must be in

writing and must at least do all of the following:

(1) Consider the principal's specific duties,

responsibilities, management, and competence as a

principal.

(2) Specify the principal's strengths and weaknesses,

with supporting reasons.

(3) Align with research-based standards established by

administrative rule.

On and after September 1, 2012, the evaluation must, in

addition to the requirements in items (1), (2), and (3) of this

subsection (c), provide for the use of data and indicators on

student growth as a significant factor in rating performance.

(c-5) The evaluation of an assistant principal must be

performed by the principal, the district superintendent, the

superintendent's designee, or, in the absence of the

superintendent or his or her designee, an individual appointed

by the school board who holds a registered Type 75 State

administrative certificate. The evaluation must be in writing

and must at least do all of the following:

(1) Consider the assistant principal's specific

duties, responsibilities, management, and competence as an

assistant principal.

(2) Specify the assistant principal's strengths and

weaknesses with supporting reasons.

(3) Align with the Illinois Professional Standards for

School Leaders or research-based district standards.

On and after September 1, 2012, the evaluation must, in

addition to the requirements in items (1), (2), and (3) of this

subsection (c-5), provide for the use of data and indicators

on student growth as a significant factor in rating

performance.

(d) One copy of the evaluation must be included in the

principal's or assistant principal's personnel file and one

copy of the evaluation must be provided to the principal or

assistant principal.

(e) Failure by a district to evaluate a principal or

assistant principal and to provide the principal or assistant

principal with a copy of the evaluation at least once during

the term of the principal's or assistant principal's contract,

in accordance with this Section, is evidence that the

principal or assistant principal is performing duties and

responsibilities in at least a satisfactory manner and shall

serve to automatically extend the principal's or assistant

principal's contract for a period of one year after the

contract would otherwise expire, under the same terms and

conditions as the prior year's contract. The requirements in

this Section are in addition to the right of a school board to

reclassify a principal or assistant principal pursuant to

Section 10-23.8b of this Code.

(f) Nothing in this Section prohibits a school board from

ordering lateral transfers of principals or assistant

principals to positions of similar rank and salary.

(Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.)

(105 ILCS 5/34-85c)

Sec. 34-85c. Alternative procedures for teacher

evaluation, remediation, and removal for cause after

remediation.

(a) Notwithstanding any law to the contrary, the board and

the exclusive representative of the district's teachers are

hereby authorized to 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 and (ii) teachers are rated as "excellent",

"proficient", "needs improvement" or "unsatisfactory".

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 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 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) 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" 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" is 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.)

Section 99. Effective date. This Act takes effect upon

becoming law.