Bill Text: IL SB0028 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the School Code. In a provision regarding an optional alternative evaluative dismissal process for teacher evaluations, removes the definition of and references to "student growth components". Makes the following changes in the Evaluation of Certified Employees Article: Removes the definitions of and references to "implementation date", "Race to the Top Grant", and "School Improvement Grant". Provides that, beginning July 1, 2025, each school district may incorporate the use of data and indicators on student growth as a factor in rating teaching performance into its evaluation plan for all teachers in contractual continued service and teachers not in contractual continued service (now, a school district is required to incorporate student growth data and indicators as a significant factor). Makes other changes concerning student growth. Changes the components of an evaluation plan for a teacher's performance. Makes changes concerning a principal's or assistant principal's evaluation. With respect to the types of rules the State Board of Education may adopt, removes the inclusion of rules that (i) define the term "significant" factor" for purposes of including consideration of student growth in performance ratings and (ii) establish a model evaluation plan for use by school districts in which student growth shall comprise 50% of the performance rating. Allows a school district (rather than only a school district with 500,000 or more inhabitants) to use an annual State assessment as a measure of student growth for purposes of teacher or principal evaluations. Removes and changes outdated provisions. Makes other and conforming changes. Effective July 1, 2025.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2025-01-23 - Added as Co-Sponsor Sen. Meg Loughran Cappel [SB0028 Detail]

Download: Illinois-2025-SB0028-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0028 Introduced 1/13/2025, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
See Index
Amends the School Code. In a provision regarding an optional alternative evaluative dismissal process for teacher evaluations, removes the definition of and references to "student growth components". Makes the following changes in the Evaluation of Certified Employees Article: Removes the definitions of and references to "implementation date", "Race to the Top Grant", and "School Improvement Grant". Provides that, beginning July 1, 2025, each school district may incorporate the use of data and indicators on student growth as a factor in rating teaching performance into its evaluation plan for all teachers in contractual continued service and teachers not in contractual continued service (now, a school district is required to incorporate student growth data and indicators as a significant factor). Makes other changes concerning student growth. Changes the components of an evaluation plan for a teacher's performance. Makes changes concerning a principal's or assistant principal's evaluation. With respect to the types of rules the State Board of Education may adopt, removes the inclusion of rules that (i) define the term "significant" factor" for purposes of including consideration of student growth in performance ratings and (ii) establish a model evaluation plan for use by school districts in which student growth shall comprise 50% of the performance rating. Allows a school district (rather than only a school district with 500,000 or more inhabitants) to use an annual State assessment as a measure of student growth for purposes of teacher or principal evaluations. Removes and changes outdated provisions. Makes other and conforming changes. Effective July 1, 2025.
LRB104 07498 LNS 17542 b
A BILL FOR
SB0028 LRB104 07498 LNS 17542 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
24-16.5, 24A-2.5, 24A-4, 24A-5, 24A-7, 24A-15, 24A-20, 34-8,
and 34-85c as follows:
(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.

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"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
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.

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"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, all in accordance with subdivision (c) of
this Section.
"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

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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
failed to complete a remediation plan with a rating equal
to or better than a "Proficient" rating;
(2) the "Unsatisfactory" 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

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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
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" performance evaluating ratings in his or her
2 most recent performance evaluation ratings; or (ii)
"Excellent" performance evaluation ratings in 2 of his or
her 3 most recent performance evaluations, with no "Needs
Improvement" or "Unsatisfactory" 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

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district shall, in good faith cooperation with its teacher
representatives, establish a process for the selection of
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" 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"

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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" 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" in
remediation.
(d) To institute a dismissal proceeding under this
Section, the board must first provide written notice to the
teacher within 30 days after the completion of the final

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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" performance
evaluation rating that preceded remediation
applied the teacher practice components and
student growth components and determined an
overall evaluation rating of "Unsatisfactory" in

SB0028 - 9 - LRB104 07498 LNS 17542 b
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"
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" 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.
(B) The teacher may only challenge the substantive
and procedural aspects of (i) the "Unsatisfactory"
performance evaluation rating that led to the
remediation, (ii) the remediation plan, and (iii) the
final remediation evaluation. To the extent the

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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
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

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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
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

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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
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

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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
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,

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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-2.5)
Sec. 24A-2.5. Definitions. In this Article:
"Evaluator" means:
(1) an administrator qualified under Section 24A-3; or
(2) other individuals qualified under Section 24A-3,
provided that, if such other individuals are in the
bargaining unit of a district's teachers, the district and
the exclusive bargaining representative of that unit must
agree to those individuals evaluating other bargaining
unit members.
Notwithstanding anything to the contrary in item (2) of
this definition, a school district operating under Article 34

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of this Code may require department chairs qualified under
Section 24A-3 to evaluate teachers in their department or
departments, provided that the school district shall bargain
with the bargaining representative of its teachers over the
impact and effects on department chairs of such a requirement.
"Implementation date" means, unless otherwise specified
and provided that the requirements set forth in subsection (d)
of Section 24A-20 have been met:
(1) For school districts having 500,000 or more
inhabitants, in at least 300 schools by September 1, 2012
and in the remaining schools by September 1, 2013.
(2) For school districts having less than 500,000
inhabitants and receiving a Race to the Top Grant or
School Improvement Grant after the effective date of this
amendatory Act of the 96th General Assembly, the date
specified in those grants for implementing an evaluation
system for teachers and principals incorporating student
growth as a significant factor.
(3) For the lowest performing 20% percent of remaining
school districts having less than 500,000 inhabitants
(with the measure of and school year or years used for
school district performance to be determined by the State
Superintendent of Education at a time determined by the
State Superintendent), September 1, 2015.
(4) For all other school districts having less than
500,000 inhabitants, September 1, 2016.

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Notwithstanding items (3) and (4) of this definition, a
school district and the exclusive bargaining representative of
its teachers may jointly agree in writing to an earlier
implementation date, provided that such date must not be
earlier than September 1, 2013. The written agreement of the
district and the exclusive bargaining representative must be
transmitted to the State Board of Education.
"Race to the Top Grant" means a grant made by the Secretary
of the U.S. Department of Education for the program first
funded pursuant to paragraph (2) of Section 14006(a) of the
American Recovery and Reinvestment Act of 2009.
"School Improvement Grant" means a grant made by the
Secretary of the U.S. Department of Education pursuant to
Section 1003(g) of the Elementary and Secondary Education Act.
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11;
revised 7-17-24.)
(105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
Sec. 24A-4. Development of evaluation plan.
(a) As used in this and the succeeding Sections, "teacher"
means any and all school district employees regularly required
to be certified under laws relating to the certification of
teachers. Each school district shall develop, in cooperation
with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan
for all teachers.

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(b) Until July 1, 2025 By no later than the applicable
implementation date, each school district shall, in good faith
cooperation with its teachers or, where applicable, the
exclusive bargaining representatives of its teachers,
incorporate the use of data and indicators on student growth
as a significant factor in rating teaching performance, into
its evaluation plan for all teachers, both those teachers in
contractual continued service and those teachers not in
contractual continued service. The plan shall at least meet
the standards and requirements for student growth and teacher
evaluation established under Section 24A-7, and specifically
describe how student growth data and indicators will be used
as part of the evaluation process, how this information will
relate to evaluation standards, the assessments or other
indicators of student performance that will be used in
measuring student growth and the weight that each will have,
the methodology that will be used to measure student growth,
and the criteria other than student growth that will be used in
evaluating the teacher and the weight that each will have.
(b-5) Beginning July 1, 2025, each school district may, in
good faith cooperation with its teachers or, where applicable,
with the exclusive bargaining representatives of its teachers,
incorporate the use of data and indicators on student growth
as a factor in rating teaching performance, into its
evaluation plan for all teachers in contractual continued
service and teachers not in contractual continued service. The

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plan shall at least meet the standards and requirements for
teacher evaluations established under Section 24A-7.
To incorporate the use of data and indicators of student
growth as a significant factor in rating teacher performance
into the evaluation plan, the district shall use a joint
committee composed of equal representation selected by the
district and its teachers or, where applicable, the exclusive
bargaining representative of its teachers. If, within 180
calendar days of the committee's first meeting, the committee
does not reach agreement on the plan, then the district shall
implement the model evaluation plan established under Section
24A-7 with respect to the use of data and indicators on student
growth as a significant factor in rating teacher performance.
Nothing in this subsection (b) shall make decisions on the
use of data and indicators on student growth as a significant
factor in rating teaching performance mandatory subjects of
bargaining under the Illinois Educational Labor Relations Act
that are not currently mandatory subjects of bargaining under
the Act.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee formed under this subsection
(b).
(c) Notwithstanding anything to the contrary in subsection
(b) of this Section, if the joint committee referred to in that
subsection does not reach agreement on the plan within 90
calendar days after the committee's first meeting, a school

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district having 500,000 or more inhabitants shall not be
required to implement any aspect of the model evaluation plan
and may implement its last best proposal.
(d) The Beginning the first school year following the
effective date of this amendatory Act of the 100th General
Assembly, the joint committee referred to in subsections
subsection (b) and (c) of this Section shall meet no less than
one time annually to assess and review the effectiveness of
the district's evaluation plan for the purposes of continuous
improvement of instruction and evaluation practices.
(Source: P.A. 100-768, eff. 1-1-19.)
(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:

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(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

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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.
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

SB0028 - 22 - LRB104 07498 LNS 17542 b
taught.
(c) (blank). 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) (blank). 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 ongoing on-going professional
responsibilities including his or her regular teaching

SB0028 - 23 - LRB104 07498 LNS 17542 b
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

SB0028 - 24 - LRB104 07498 LNS 17542 b
educational employee as defined in the Illinois
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

SB0028 - 25 - LRB104 07498 LNS 17542 b
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

SB0028 - 26 - LRB104 07498 LNS 17542 b
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) If 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

SB0028 - 27 - LRB104 07498 LNS 17542 b
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". 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
lawsuits pending on July 1, 2014 (the effective date of Public

SB0028 - 28 - LRB104 07498 LNS 17542 b
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-7) (from Ch. 122, par. 24A-7)
Sec. 24A-7. Rules.
(a) The State Board of Education is authorized to adopt
such rules as are deemed necessary to implement and accomplish
the purposes and provisions of this Article, including, but

SB0028 - 29 - LRB104 07498 LNS 17542 b
not limited to, rules:
(1) relating to the methods for measuring student
growth (including, but not limited to, limitations on the
age of usable data; the amount of data needed to reliably
and validly measure growth for the purpose of teacher and
principal evaluations; and whether and at what time annual
State assessments may be used as one of multiple measures
of student growth);
(2) (blank); defining the term "significant factor"
for purposes of including consideration of student growth
in performance ratings;
(3) controlling for such factors as student
characteristics (including, but not limited to, students
receiving special education and English Learner services),
student attendance, and student mobility so as to best
measure the impact that a teacher, principal, school and
school district has on students' academic achievement;
(4) establishing minimum requirements for district
teacher and principal evaluation instruments and
procedures; and
(5) (blank). establishing a model evaluation plan for
use by school districts in which student growth shall
comprise 50% of the performance rating.
A Notwithstanding any other provision in this Section,
such rules shall not preclude a school district may use having
500,000 or more inhabitants from using an annual State

SB0028 - 30 - LRB104 07498 LNS 17542 b
assessment as a the sole measure of student growth for
purposes of teacher or principal evaluations.
(b) (Blank). The State Superintendent of Education shall
convene a Performance Evaluation Advisory Council, which shall
be staffed by the State Board of Education. Members of the
Council shall be selected by the State Superintendent and
include, without limitation, representatives of teacher unions
and school district management, persons with expertise in
performance evaluation processes and systems, as well as other
stakeholders. The Council shall meet at least quarterly and
may also meet at the call of the chairperson of the Council,
following August 18, 2017 (the effective date of Public Act
100-211) until December 31, 2024. The Council shall advise the
State Board of Education on the ongoing implementation of
performance evaluations in this State, which may include
gathering public feedback, sharing best practices, consulting
with the State Board on any proposed rule changes regarding
evaluations, and other subjects as determined by the
chairperson of the Council.
(c) On July 1, 2024, the State Superintendent of Education
shall convene a Performance Evaluation Advisory Committee for
the purpose of maintaining and improving the evaluator
training and pre-qualification program in this State under
Section 24A-3. The Committee shall be staffed by the State
Board of Education. Members of the Committee shall include,
without limitation, representatives from providers of the

SB0028 - 31 - LRB104 07498 LNS 17542 b
evaluator retraining and pre-qualification program in this
State, which include teacher unions, school district
management, including a school district organized under
Article 34, and a statewide organization representing regional
offices of education. Members of the Committee shall be
nominated by the providers and appointed by the State
Superintendent.
The Committee shall meet initially at the call of the
State Superintendent and shall select one member as
chairperson at its initial meeting. The Committee shall meet
at least quarterly and may also meet at the call of the
chairperson of the Committee.
The Committee shall advise the State Board of Education on
the continued implementation of the evaluator training and
pre-qualification program in this State, which may include the
development and delivery of the program's existing and new
administrators' academies, gathering feedback from program
instructors and participants, sharing best practices,
consulting with the State Board on any proposed rule changes
regarding evaluator training, and other subjects as determined
by the chairperson of the Committee.
(d) Prior to the applicable implementation date, the rules
shall not apply to teachers assigned to schools identified in
an agreement entered into between the board of a school
district operating under Article 34 of this Code and the
exclusive representative of the district's teachers in

SB0028 - 32 - LRB104 07498 LNS 17542 b
accordance with Section 34-85c of this Code.
(Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21;
103-617, eff. 7-1-24.)
(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.
The 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

SB0028 - 33 - LRB104 07498 LNS 17542 b
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 and active Professional Educator License
with a principal endorsement Type 75 State administrative
certificate.
The 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.

SB0028 - 34 - LRB104 07498 LNS 17542 b
(2) Specify the principal's strengths and weaknesses,
with supporting reasons.
(3) Align with the Illinois Professional Standards for
School Leaders or research-based standards established by
administrative rule.
Until July 1, 2025 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.
Beginning July 1, 2025, the evaluation must include the
requirements in paragraphs (1), (2), and (3) of this
subsection (c). The evaluation may provide for the use of data
and indicators on student growth as a 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 and active
Professional Educator License with a principal endorsement
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.

SB0028 - 35 - LRB104 07498 LNS 17542 b
(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
established by administrative rule.
Until July 1, 2025 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.
Beginning July 1, 2025, the evaluation must include the
requirements in paragraphs (1), (2), and (3) of this
subsection (c-5). The evaluation may provide for the use of
data and indicators on student growth as a 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

SB0028 - 36 - LRB104 07498 LNS 17542 b
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. 102-729, eff. 5-6-22.)
(105 ILCS 5/24A-20)
Sec. 24A-20. State Board of Education data collection and
evaluation assessment and support systems.
(a) The On or before the date established in subsection
(b) of this Section, the State Board of Education shall,
through a process involving collaboration with the Performance
Evaluation Advisory Committee Council, develop or contract for
the development of and implement all of the following data
collection and evaluation assessment and support systems:
(1) A system to annually collect and publish data by
district and school on teacher and administrator
performance evaluation outcomes. The system must ensure
that no teacher or administrator can be personally
identified by publicly reported data.

SB0028 - 37 - LRB104 07498 LNS 17542 b
(2) Both a teacher and principal model evaluation
template. The model templates must incorporate the
requirements of this Article and any other requirements
established by the State Board by administrative rule, but
allow customization by districts in a manner that does not
conflict with such requirements.
(3) An evaluator pre-qualification program based on
the model teacher evaluation template.
(4) An evaluator training program based on the model
teacher evaluation template. The training program shall
provide multiple training options that account for the
prior training and experience of the evaluator.
(5) A superintendent training program based on the
model principal evaluation template.
(6) One or more instruments to provide feedback to
principals on the instructional environment within a
school.
(7) A State Board-provided or approved technical
assistance system that supports districts with the
development and implementation of teacher and principal
evaluation systems.
(8) Web-based systems and tools supporting
implementation of the model templates and the evaluator
pre-qualification and training programs.
(9) A process for measuring and reporting correlations
between local principal and teacher evaluations and the

SB0028 - 38 - LRB104 07498 LNS 17542 b
(A) student growth in tested grades and subjects and (B)
retention rates of teachers.
(10) (Blank). A process for assessing whether school
district evaluation systems developed pursuant to this Act
and that consider student growth as a significant factor
in the rating of a teacher's and principal's performance
are valid and reliable, contribute to the development of
staff, and improve student achievement outcomes. By no
later than September 1, 2014, a research-based study shall
be issued assessing such systems for validity and
reliability, contribution to the development of staff, and
improvement of student performance and recommending, based
on the results of this study, changes, if any, that need to
be incorporated into teacher and principal evaluation
systems that consider student growth as a significant
factor in the rating performance for remaining school
districts to be required to implement such systems.
(b) (Blank). If the State of Illinois receives a Race to
the Top Grant, the data collection and support systems
described in subsection (a) must be developed on or before
September 30, 2011. If the State of Illinois does not receive a
Race to the Top Grant, the data collection and support systems
described in subsection (a) must be developed on or before
September 30, 2012; provided, however, that the data
collection and support systems set forth in items (3) and (4)
of subsection (a) of this Section must be developed by

SB0028 - 39 - LRB104 07498 LNS 17542 b
September 30, 2011 regardless of whether the State of Illinois
receives a Race to the Top Grant. By no later than September 1,
2011, if the State of Illinois receives a Race to the Top
Grant, or September 1, 2012, if the State of Illinois does not
receive a Race to the Top Grant, the State Board of Education
must execute or contract for the execution of the assessment
referenced in item (10) of subsection (a) of this Section to
determine whether the school district evaluation systems
developed pursuant to this Act have been valid and reliable,
contributed to the development of staff, and improved student
performance.
(c) Districts shall submit data and information to the
State Board on teacher and principal performance evaluations
and evaluation plans in accordance with procedures and
requirements for submissions established by the State Board.
Such data shall include, without limitation, (i) data on the
performance rating given to all teachers in contractual
continued service, (ii) data on district recommendations to
renew or not renew teachers not in contractual continued
service, and (iii) data on the performance rating given to all
principals.
(d) If the State Board of Education does not timely
fulfill any of the requirements set forth in Sections 24A-7
and 24A-20, and adequate and sustainable federal, State, or
other funds are not provided to the State Board of Education
and school districts to meet their responsibilities under this

SB0028 - 40 - LRB104 07498 LNS 17542 b
Article, the applicable implementation date shall be postponed
by the number of calendar days equal to those needed by the
State Board of Education to fulfill such requirements and for
the adequate and sustainable funds to be provided to the State
Board of Education and school districts. The determination as
to whether the State Board of Education has fulfilled any or
all requirements set forth in Sections 24A-7 and 24A-20 and
whether adequate and sustainable funds have been provided to
the State Board of Education and school districts shall be
made by the State Board of Education in consultation with the
P-20 Council.
(e) The State Board of Education shall annually report
teacher evaluation data from each school in the State. The
State Board's report shall include:
(1) data from the most recent performance evaluation
ratings issued prior to the effective date of this
amendatory Act of the 103rd General Assembly for all
nontenured teachers and teachers in contractual continued
service disaggregated broken down by the race and
ethnicity of teachers; and
(2) data from the most recent performance evaluation
ratings issued prior to the effective date of this
amendatory Act of the 103rd General Assembly for all
nontenured teachers and teachers in contractual continued
service disaggregated broken down by the race, ethnicity,
and eligibility status for free or reduced-price lunch of

SB0028 - 41 - LRB104 07498 LNS 17542 b
students in the school where the teachers work.
The report shall contain data in an aggregate format. The
report with the aggregate data is not confidential pursuant to
Section 24A-7.1 of this Code unless an individual teacher is
personally identifiable in the report. With respect to the
report, the underlying data and any personally identifying
information of a teacher shall be confidential. The State
Board shall provide the data in the report in a format that
prevents identification of individual teachers.
(Source: P.A. 103-452, eff. 1-1-24.)
(105 ILCS 5/34-8) (from Ch. 122, par. 34-8)
Sec. 34-8. Powers and duties of general superintendent.
The general superintendent of schools shall prescribe and
control, subject to the approval of the board and to other
provisions of this Article, the courses of study mandated by
State law, textbooks, educational apparatus and equipment,
discipline in and conduct of the schools, and shall perform
such other duties as the board may by rule prescribe. The
superintendent shall also notify the State Board of Education,
the board and the chief administrative official, other than
the alleged perpetrator himself, in the school where the
alleged perpetrator serves, that any person who is employed in
a school or otherwise comes into frequent contact with
children in the school has been named as a perpetrator in an
indicated report filed pursuant to the Abused and Neglected

SB0028 - 42 - LRB104 07498 LNS 17542 b
Child Reporting Act, approved June 26, 1975, as amended.
The general superintendent may be granted the authority by
the board to hire a specific number of employees to assist in
meeting immediate responsibilities. Conditions of employment
for such personnel shall not be subject to the provisions of
Section 34-85.
The general superintendent may, pursuant to a delegation
of authority by the board and Section 34-18, approve contracts
and expenditures.
Pursuant to other provisions of this Article, sites shall
be selected, schoolhouses located thereon and plans therefor
approved, and textbooks and educational apparatus and
equipment shall be adopted and purchased by the board only
upon the recommendation of the general superintendent of
schools or by a majority vote of the full membership of the
board and, in the case of textbooks, subject to Article 28 of
this Act. The board may furnish free textbooks to pupils and
may publish its own textbooks and manufacture its own
apparatus, equipment and supplies.
In addition, in January of each year, the general
superintendent of schools shall report to the State Board of
Education the number of high school students in the district
who are enrolled in accredited courses (for which high school
credit will be awarded upon successful completion of the
courses) at any community college, together with the name and
number of the course or courses which each such student is

SB0028 - 43 - LRB104 07498 LNS 17542 b
taking.
The general superintendent shall also have the authority
to monitor the performance of attendance centers, to identify
and place an attendance center on remediation and probation,
and to recommend to the board that the attendance center be
placed on intervention and be reconstituted, subject to the
provisions of Sections 34-8.3 and 8.4.
The general superintendent, or his or her designee, shall
conduct an annual evaluation of each principal in the district
pursuant to guidelines promulgated by the Board and the Board
approved principal evaluation form. The evaluation shall be
based on factors, including the following: (i) student
academic improvement, as defined by the school improvement
plan; (ii) student absenteeism rates at the school; (iii)
instructional leadership; (iv) effective implementation of
programs, policies, or strategies to improve student academic
achievement; (v) school management; and (vi) other factors,
including, without limitation, the principal's communication
skills and ability to create and maintain a student-centered
learning environment, to develop opportunities for
professional development, and to encourage parental
involvement and community partnerships to achieve school
improvement.
The Effective no later than September 1, 2012, the general
superintendent or his or her designee shall develop a written
principal evaluation plan. The evaluation plan must be in

SB0028 - 44 - LRB104 07498 LNS 17542 b
writing and shall supersede the evaluation requirements set
forth in this Section. The evaluation plan must do at least all
of the following:
(1) Provide for annual evaluation of all principals
employed under a performance contract by the general
superintendent or his or her designee, no later than July
1st of each year.
(2) Consider the principal's specific duties,
responsibilities, management, and competence as a
principal.
(3) Specify the principal's strengths and weaknesses,
with supporting reasons.
(4) Align with research-based standards.
(5) Until July 1, 2025, use Use data and indicators on
student growth as a significant factor in rating principal
performance.
Beginning July 1, 2025, the evaluation plan may provide
for the use of data and indicators on student growth as a
factor in rating performance.
(Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)
(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

SB0028 - 45 - LRB104 07498 LNS 17542 b
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

SB0028 - 46 - LRB104 07498 LNS 17542 b
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) (Blank). 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

SB0028 - 47 - LRB104 07498 LNS 17542 b
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 July 1,
2025.
SB0028 - 48 - LRB104 07498 LNS 17542 b
INDEX
Statutes amended in order of appearance