Bill Text: IL SB0315 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the School Code. Makes a technical change in a Section concerning charter schools.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2010-01-15 - Public Act . . . . . . . . . 96-0861 [SB0315 Detail]
Download: Illinois-2009-SB0315-Enrolled.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, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. This amendatory Act may be referred to as the | ||||||
5 | Performance Evaluation Reform Act of 2010.
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6 | Section 5. Findings; declarations. The General Assembly | ||||||
7 | finds and declares all of the following: | ||||||
8 | (1) Effective teachers and school leaders are a | ||||||
9 | critical factor contributing to student achievement. | ||||||
10 | (2) Many existing district performance evaluation | ||||||
11 | systems fail to adequately distinguish between effective | ||||||
12 | and ineffective teachers and principals. A recent study of | ||||||
13 | evaluation systems in 3 of the largest Illinois districts | ||||||
14 | found that out of 41,174 teacher evaluations performed over | ||||||
15 | a 5-year period, 92.6% of teachers were rated "superior" or | ||||||
16 | "excellent", 7% were rated "satisfactory", and only 0.4% | ||||||
17 | were rated "unsatisfactory". | ||||||
18 | (3) Performance evaluation systems must assess | ||||||
19 | professional competencies as well as student growth. | ||||||
20 | (4) School districts and the State must ensure that | ||||||
21 | performance evaluation systems are valid and reliable and | ||||||
22 | contribute to the development of staff and improved student | ||||||
23 | achievement outcomes.
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1 | Section 10. The School Code is amended by changing Sections | ||||||
2 | 2-3.25g, 24A-3, 24A-4, 24A-5, 24A-7, 24A-8, 24A-15, 34-8, and | ||||||
3 | 34-85c and by adding Sections 24A-2.5, 24A-7.1, and 24A-20 as | ||||||
4 | follows:
| ||||||
5 | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | ||||||
6 | Sec. 2-3.25g. Waiver or modification of mandates within the | ||||||
7 | School
Code and administrative rules and regulations. | ||||||
8 | (a) In this Section: | ||||||
9 | "Board" means a school board or the governing board or | ||||||
10 | administrative district, as the case may be, for a joint | ||||||
11 | agreement. | ||||||
12 | "Eligible applicant" means a school district, joint | ||||||
13 | agreement made up of school districts, or regional | ||||||
14 | superintendent of schools on behalf of schools and programs | ||||||
15 | operated by the regional office of education.
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16 | "Implementation date" has the meaning set forth in | ||||||
17 | Section 24A-2.5 of this Code. | ||||||
18 | "State Board" means the State Board of Education.
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19 | (b) Notwithstanding any other
provisions of this School | ||||||
20 | Code or any other law of this State to the
contrary, eligible | ||||||
21 | applicants may petition the State Board of Education for the
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22 | waiver or modification of the mandates of this School Code or | ||||||
23 | of the
administrative rules and regulations promulgated by the | ||||||
24 | State Board of
Education. Waivers or modifications of |
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1 | administrative rules and regulations
and modifications of | ||||||
2 | mandates of this School Code may be requested when an eligible | ||||||
3 | applicant demonstrates that it can address the intent of the | ||||||
4 | rule or
mandate in a more effective, efficient, or economical | ||||||
5 | manner or when necessary
to stimulate innovation or improve | ||||||
6 | student performance. Waivers of
mandates of
the School Code may | ||||||
7 | be requested when the waivers are necessary to stimulate
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8 | innovation or improve student performance. Waivers may not be | ||||||
9 | requested
from laws, rules, and regulations pertaining to | ||||||
10 | special education, teacher
certification, teacher tenure and | ||||||
11 | seniority, or Section 5-2.1 of this Code or from compliance | ||||||
12 | with the No
Child Left Behind Act of 2001 (Public Law 107-110). | ||||||
13 | On and after the applicable implementation date, eligible | ||||||
14 | applicants may not seek a waiver or seek a modification of a | ||||||
15 | mandate regarding the requirements for (i) student performance | ||||||
16 | data to be a significant factor in teacher or principal | ||||||
17 | evaluations or (ii) for teachers and principals to be rated | ||||||
18 | using the 4 categories of "excellent", "proficient", "needs | ||||||
19 | improvement", or "unsatisfactory". On the applicable | ||||||
20 | implementation date, any previously authorized waiver or | ||||||
21 | modification from such requirements shall terminate. | ||||||
22 | (c) Eligible applicants, as a matter of inherent managerial | ||||||
23 | policy, and any
Independent Authority established under | ||||||
24 | Section 2-3.25f may submit an
application for a waiver or | ||||||
25 | modification authorized under this Section. Each
application | ||||||
26 | must include a written request by the eligible applicant or
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1 | Independent Authority and must demonstrate that the intent of | ||||||
2 | the mandate can
be addressed in a more effective, efficient, or | ||||||
3 | economical manner
or be based
upon a specific plan for improved | ||||||
4 | student performance and school improvement.
Any eligible | ||||||
5 | applicant requesting a waiver or modification for the reason | ||||||
6 | that intent
of the mandate can be addressed in a more | ||||||
7 | economical manner shall include in
the application a fiscal | ||||||
8 | analysis showing current expenditures on the mandate
and | ||||||
9 | projected savings resulting from the waiver
or modification. | ||||||
10 | Applications
and plans developed by eligible applicants must be | ||||||
11 | approved by the board or regional superintendent of schools | ||||||
12 | applying on behalf of schools or programs operated by the | ||||||
13 | regional office of education following a public hearing on the | ||||||
14 | application and plan and the
opportunity for the board or | ||||||
15 | regional superintendent to hear testimony from staff
directly | ||||||
16 | involved in
its implementation, parents, and students. The time | ||||||
17 | period for such testimony shall be separate from the time | ||||||
18 | period established by the eligible applicant for public comment | ||||||
19 | on other matters. If the applicant is a school district or | ||||||
20 | joint agreement requesting a waiver or modification of Section | ||||||
21 | 27-6 of this Code, the public hearing shall be held on a day | ||||||
22 | other than the day on which a regular meeting of the board is | ||||||
23 | held. If the applicant is a school district, the
public hearing | ||||||
24 | must be preceded
by at least one published notice occurring at | ||||||
25 | least 7 days prior to the hearing
in a newspaper of general | ||||||
26 | circulation within the school district that sets
forth the |
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1 | time, date, place, and general subject matter of the hearing. | ||||||
2 | If the applicant is a joint agreement or regional | ||||||
3 | superintendent, the public hearing must be preceded by at least | ||||||
4 | one published notice (setting forth the time, date, place, and | ||||||
5 | general subject matter of the hearing) occurring at least 7 | ||||||
6 | days prior to the hearing in a newspaper of general circulation | ||||||
7 | in each school district that is a member of the joint agreement | ||||||
8 | or that is served by the educational service region, provided | ||||||
9 | that a notice appearing in a newspaper generally circulated in | ||||||
10 | more than one school district shall be deemed to fulfill this | ||||||
11 | requirement with respect to all of the affected districts. The
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12 | eligible applicant must notify in writing the affected | ||||||
13 | exclusive collective
bargaining agent and those State | ||||||
14 | legislators representing the eligible applicant's territory of
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15 | its
intent to seek approval of a
waiver or
modification and of | ||||||
16 | the hearing to be held to take testimony from staff.
The | ||||||
17 | affected exclusive collective bargaining agents shall be | ||||||
18 | notified of such
public hearing at least 7 days prior to the | ||||||
19 | date of the hearing and shall be
allowed to attend
such public | ||||||
20 | hearing. The eligible applicant shall attest to compliance with | ||||||
21 | all of
the notification and procedural requirements set forth | ||||||
22 | in this Section. | ||||||
23 | (d) A request for a waiver or modification of | ||||||
24 | administrative rules and
regulations or for a modification of | ||||||
25 | mandates contained in this School Code
shall be submitted to | ||||||
26 | the State Board of Education within 15 days after
approval by |
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1 | the board or regional superintendent of schools. The | ||||||
2 | application as submitted to the
State Board of Education shall | ||||||
3 | include a description of the public hearing.
Following receipt | ||||||
4 | of the request, the
State Board shall have 45 days to review | ||||||
5 | the application and request. If the
State Board fails to | ||||||
6 | disapprove the application within that 45 day period, the
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7 | waiver or modification shall be deemed granted. The State Board
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8 | may disapprove
any request if it is not based upon sound | ||||||
9 | educational practices, endangers the
health or safety of | ||||||
10 | students or staff, compromises equal opportunities for
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11 | learning, or fails to demonstrate that the intent of the rule | ||||||
12 | or mandate can be
addressed in a more effective, efficient, or | ||||||
13 | economical manner or have improved
student performance as a | ||||||
14 | primary goal. Any request disapproved by the State
Board may be | ||||||
15 | appealed to the General Assembly by the eligible applicant
as | ||||||
16 | outlined in this Section. | ||||||
17 | A request for a waiver from mandates contained in this | ||||||
18 | School Code shall be
submitted to the State Board within 15 | ||||||
19 | days after approval by the board or regional superintendent of | ||||||
20 | schools.
The application as submitted to the State Board of | ||||||
21 | Education
shall include a description of the public hearing. | ||||||
22 | The description shall
include, but need not be limited to, the | ||||||
23 | means of notice, the number of people
in attendance, the number | ||||||
24 | of people who spoke as proponents or opponents of the
waiver, a | ||||||
25 | brief description of their comments, and whether there were any
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26 | written statements submitted.
The State Board shall review the |
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1 | applications and requests for
completeness and shall compile | ||||||
2 | the requests in reports to be filed with the
General Assembly.
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3 | The State Board shall file
reports outlining the waivers
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4 | requested by eligible applicants
and appeals by eligible | ||||||
5 | applicants of requests
disapproved by the State Board with the | ||||||
6 | Senate and the House of
Representatives before each March 1 and
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7 | October
1. The General Assembly may disapprove the report of | ||||||
8 | the State Board in whole
or in part within 60 calendar days | ||||||
9 | after each house of the General Assembly
next
convenes after | ||||||
10 | the report is filed by adoption of a resolution by a record | ||||||
11 | vote
of the majority of members elected in each house. If the | ||||||
12 | General Assembly
fails to disapprove any waiver request or | ||||||
13 | appealed request within such 60
day period, the waiver or | ||||||
14 | modification shall be deemed granted. Any resolution
adopted by | ||||||
15 | the General Assembly disapproving a report of the State Board | ||||||
16 | in
whole or in part shall be binding on the State Board. | ||||||
17 | (e) An approved waiver or modification (except a waiver | ||||||
18 | from or modification to a physical education mandate) may | ||||||
19 | remain in effect for a period not to
exceed 5 school years and | ||||||
20 | may be renewed upon application by the
eligible applicant. | ||||||
21 | However, such waiver or modification may be changed within that
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22 | 5-year period by a board or regional superintendent of schools | ||||||
23 | applying on behalf of schools or programs operated by the | ||||||
24 | regional office of education following the procedure as set
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25 | forth in this Section for the initial waiver or modification | ||||||
26 | request. If
neither the State Board of Education nor the |
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1 | General Assembly disapproves, the
change is deemed granted. | ||||||
2 | An approved waiver from or modification to a physical | ||||||
3 | education mandate may remain in effect for a period not to | ||||||
4 | exceed 2 school years and may be renewed no more than 2 times | ||||||
5 | upon application by the eligible applicant. An approved waiver | ||||||
6 | from or modification to a physical education mandate may be | ||||||
7 | changed within the 2-year period by the board or regional | ||||||
8 | superintendent of schools, whichever is applicable, following | ||||||
9 | the procedure set forth in this Section for the initial waiver | ||||||
10 | or modification request. If neither the State Board of | ||||||
11 | Education nor the General Assembly disapproves, the change is | ||||||
12 | deemed granted.
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13 | (f) On or before February 1, 1998, and each year | ||||||
14 | thereafter, the State Board of
Education shall submit a | ||||||
15 | cumulative report summarizing all types of waivers of
mandates | ||||||
16 | and modifications of mandates granted by the State Board or the
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17 | General Assembly. The report shall identify the topic of the | ||||||
18 | waiver along with
the number and percentage of eligible | ||||||
19 | applicants for which the waiver has been
granted. The report | ||||||
20 | shall also include any recommendations from the State
Board | ||||||
21 | regarding the repeal or modification of waived mandates. | ||||||
22 | (Source: P.A. 94-198, eff. 1-1-06; 94-432, eff. 8-2-05; 94-875, | ||||||
23 | eff. 7-1-06; 95-223, eff. 1-1-08.)
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24 | (105 ILCS 5/24A-2.5 new) | ||||||
25 | Sec. 24A-2.5. Definitions. In this Article: |
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1 | "Evaluator" means: | ||||||
2 | (1) an administrator qualified under Section 24A-3; or | ||||||
3 | (2) other individuals qualified under Section 24A-3, | ||||||
4 | provided that, if such other individuals are in the | ||||||
5 | bargaining unit of a district's teachers, the district and | ||||||
6 | the exclusive bargaining representative of that unit must | ||||||
7 | agree to those individuals evaluating other bargaining | ||||||
8 | unit members. | ||||||
9 | Notwithstanding anything to the contrary in item (2) of | ||||||
10 | this definition, a school district operating under Article 34 | ||||||
11 | of this Code may require department chairs qualified under | ||||||
12 | Section 24A-3 to evaluate teachers in their department or | ||||||
13 | departments, provided that the school district shall bargain | ||||||
14 | with the bargaining representative of its teachers over the | ||||||
15 | impact and effects on department chairs of such a requirement. | ||||||
16 | "Implementation date" means, unless otherwise specified | ||||||
17 | and provided that the requirements set forth in subsection (d) | ||||||
18 | of Section 24A-20 have been met: | ||||||
19 | (1) For school districts having 500,000 or more | ||||||
20 | inhabitants, in at least 300 schools by September 1, 2012 | ||||||
21 | and in the remaining schools by September 1, 2013. | ||||||
22 | (2) For school districts having less than 500,000 | ||||||
23 | inhabitants and receiving a Race to the Top Grant or School | ||||||
24 | Improvement Grant after the effective date of this | ||||||
25 | amendatory Act of the 96th General Assembly, the date | ||||||
26 | specified in those grants for implementing an evaluation |
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1 | system for teachers and principals incorporating student | ||||||
2 | growth as a significant factor. | ||||||
3 | (3) For the lowest performing 20% percent of remaining | ||||||
4 | school districts having less than 500,000 inhabitants | ||||||
5 | (with the measure of and school year or years used for | ||||||
6 | school district performance to be determined by the State | ||||||
7 | Superintendent of Education at a time determined by the | ||||||
8 | State Superintendent), September 1, 2015. | ||||||
9 | (4) For all other school districts having less than | ||||||
10 | 500,000 inhabitants, September 1, 2016. | ||||||
11 | "Race to the Top Grant" means a grant made by the Secretary | ||||||
12 | of the U.S. Department of Education pursuant to paragraph (2) | ||||||
13 | of Section 14006(a) of the American Recovery and Reinvestment | ||||||
14 | Act of 2009. | ||||||
15 | "School Improvement Grant" means a grant made by the | ||||||
16 | Secretary of the U.S. Department of Education pursuant to | ||||||
17 | Section 1003(g) of the Elementary and Secondary Education Act.
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18 | (105 ILCS 5/24A-3) (from Ch. 122, par. 24A-3) | ||||||
19 | Sec. 24A-3. Evaluation training and pre-qualification . | ||||||
20 | (a) School Beginning January 1, 1986, school
boards shall | ||||||
21 | require evaluators those administrators, or -- in school | ||||||
22 | districts
having a population exceeding 500,000 -- assistant | ||||||
23 | principals, who
evaluate other certified personnel to | ||||||
24 | participate at least once every 2
years in an inservice | ||||||
25 | training workshop on either school improvement or the
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1 | evaluation of certified personnel
provided or approved by the | ||||||
2 | State Board of Education prior to undertaking any evaluation | ||||||
3 | and at least once during each certificate renewal cycle. | ||||||
4 | Training provided or approved by the State Board of Education | ||||||
5 | shall include the evaluator training program developed | ||||||
6 | pursuant to Section 24A-20 of this Code . | ||||||
7 | (b) Any evaluator undertaking an evaluation after | ||||||
8 | September 1, 2012 must first successfully complete a | ||||||
9 | pre-qualification program provided or approved by the State | ||||||
10 | Board of Education. The program must involve rigorous training | ||||||
11 | and an independent observer's determination that the | ||||||
12 | evaluator's ratings properly align to the requirements | ||||||
13 | established by the State Board pursuant to this Article. | ||||||
14 | (Source: P.A. 86-1477; 87-1076.)
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15 | (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4) | ||||||
16 | Sec. 24A-4. Development and submission of evaluation plan. | ||||||
17 | (a) As used in
this and the succeeding Sections, "teacher" | ||||||
18 | means any and all school
district employees regularly required | ||||||
19 | to be certified under laws relating
to the certification of | ||||||
20 | teachers. Each school district shall develop, in
cooperation | ||||||
21 | with its teachers or, where applicable, the exclusive
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22 | bargaining representatives of its teachers, an evaluation plan | ||||||
23 | for all
teachers . | ||||||
24 | (b) By no later than the applicable implementation date, | ||||||
25 | each school district shall, in good faith cooperation with its |
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1 | teachers or, where applicable, the exclusive bargaining | ||||||
2 | representatives of its teachers, incorporate the use of data | ||||||
3 | and indicators on student growth as a significant factor in | ||||||
4 | rating teaching performance, into its evaluation plan for all | ||||||
5 | teachers, both those teachers in contractual continued service | ||||||
6 | and those teachers not in contractual continued service. The | ||||||
7 | plan shall at least meet the standards and requirements for | ||||||
8 | student growth and teacher evaluation established under | ||||||
9 | Section 24A-7, and specifically describe how student growth | ||||||
10 | data and indicators will be used as part of the evaluation | ||||||
11 | process, how this information will relate to evaluation | ||||||
12 | standards, the assessments or other indicators of student | ||||||
13 | performance that will be used in measuring student growth and | ||||||
14 | the weight that each will have, the methodology that will be | ||||||
15 | used to measure student growth, and the criteria other than | ||||||
16 | student growth that will be used in evaluating the teacher and | ||||||
17 | the weight that each will have. | ||||||
18 | To incorporate the use of data and indicators of student | ||||||
19 | growth as a significant factor in rating teacher performance | ||||||
20 | into the evaluation plan, the district shall use a joint | ||||||
21 | committee composed of equal representation selected by the | ||||||
22 | district and its teachers or, where applicable, the exclusive | ||||||
23 | bargaining representative of its teachers. If, within 180 | ||||||
24 | calendar days of the committee's first meeting, the committee | ||||||
25 | does not reach agreement on the plan, then the district shall | ||||||
26 | implement the model evaluation plan established under Section |
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1 | 24A-7 with respect to the use of data and indicators on student | ||||||
2 | growth as a significant factor in rating teacher performance. | ||||||
3 | Nothing in this subsection (a) shall make decisions on the | ||||||
4 | use of data and indicators on student growth as a significant | ||||||
5 | factor in rating teaching performance mandatory subjects of | ||||||
6 | bargaining under the Illinois Educational Labor Relations Act | ||||||
7 | that are not currently mandatory subjects of bargaining under | ||||||
8 | the Act. | ||||||
9 | (c) Notwithstanding anything to the contrary in subsection | ||||||
10 | (b) of this Section, if the joint committee referred to in that | ||||||
11 | subsection does not reach agreement on the plan within 90 | ||||||
12 | calendar days after the committee's first meeting, a school | ||||||
13 | district having 500,000 or more inhabitants shall not be | ||||||
14 | required to implement any aspect of the model evaluation plan | ||||||
15 | and may implement its last best proposal. in contractual | ||||||
16 | continued service. The district shall, no later
than October 1, | ||||||
17 | 1986, submit a copy of its evaluation plan to the State
Board | ||||||
18 | of Education, which shall review the plan and make public its
| ||||||
19 | comments thereon, and the district shall at the same time | ||||||
20 | provide a copy to
the exclusive bargaining representatives. | ||||||
21 | Whenever any substantive change
is made in a district's | ||||||
22 | evaluation plan, the new plan shall be submitted to
the State | ||||||
23 | Board of Education for review and comment, and the district | ||||||
24 | shall
at the same time provide a copy of any such new plan to | ||||||
25 | the exclusive
bargaining representatives. The board of a school | ||||||
26 | district operating under Article 34 of this Code and the |
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1 | exclusive representative of the district's teachers shall | ||||||
2 | submit a certified copy of an agreement entered into under | ||||||
3 | Section 34-85c of this Code to the State Board of Education, | ||||||
4 | and that agreement shall constitute the teacher evaluation plan | ||||||
5 | for teachers assigned to schools identified in that agreement. | ||||||
6 | Whenever any substantive change is made in an agreement entered | ||||||
7 | into under Section 34-85c of this Code by the board of a school | ||||||
8 | district operating under Article 34 of this Code and the | ||||||
9 | exclusive representative of the district's teachers, the new | ||||||
10 | agreement shall be submitted to the State Board of Education.
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11 | (Source: P.A. 95-510, eff. 8-28-07.)
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12 | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | ||||||
13 | Sec. 24A-5. Content of evaluation plans. This Section does | ||||||
14 | not apply to teachers assigned to schools identified in an | ||||||
15 | agreement entered into between the board of a school district | ||||||
16 | operating under Article 34 of this Code and the exclusive | ||||||
17 | representative of the district's teachers in accordance with | ||||||
18 | Section 34-85c of this Code.
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19 | Each school district to
which this Article applies shall | ||||||
20 | establish a teacher evaluation plan
which ensures that each | ||||||
21 | teacher in contractual continued service
is evaluated at least | ||||||
22 | once in the course of every 2 school years , beginning
with the | ||||||
23 | 1986-87 school year . | ||||||
24 | By no later than September 1, 2012, each school district | ||||||
25 | shall establish a teacher evaluation plan that ensures that: |
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1 | (1) each teacher not in contractual continued service | ||||||
2 | is evaluated at least once every school year; and | ||||||
3 | (2) each teacher in contractual continued service is | ||||||
4 | evaluated at least once in the course of every 2 school | ||||||
5 | years. However, any teacher in contractual continued | ||||||
6 | service whose performance is rated as either "needs | ||||||
7 | improvement" or "unsatisfactory" must be evaluated at | ||||||
8 | least once in the school year following the receipt of such | ||||||
9 | rating. | ||||||
10 | Notwithstanding anything to the contrary in this Section or | ||||||
11 | any other Section of the School Code, a principal shall not be | ||||||
12 | prohibited from evaluating any teachers within a school during | ||||||
13 | his or her first year as principal of such school. | ||||||
14 | The evaluation plan shall comply with the requirements of | ||||||
15 | this Section and
of any rules adopted by the State Board of | ||||||
16 | Education pursuant to this Section. | ||||||
17 | The plan shall include a description of each teacher's | ||||||
18 | duties
and responsibilities and of the standards to which that | ||||||
19 | teacher
is expected to conform . The plan may provide for | ||||||
20 | evaluation of personnel whose positions
require administrative | ||||||
21 | certification by independent evaluators not employed
by or | ||||||
22 | affiliated with the school district. The results of the school
| ||||||
23 | district administrators' evaluations shall be reported to the | ||||||
24 | employing
school board, together with such recommendations for | ||||||
25 | remediation as the
evaluator or evaluators may deem | ||||||
26 | appropriate. Evaluation of teachers whose positions do not |
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1 | require administrative
certification shall be conducted by an | ||||||
2 | administrator qualified under Section
24A-3, or -- in school | ||||||
3 | districts having a population exceeding 500,000 --
by either an | ||||||
4 | administrator qualified under Section 24A-3 or an assistant
| ||||||
5 | principal under the supervision of an administrator qualified | ||||||
6 | under Section
24A-3 , and shall include at least the following | ||||||
7 | components: | ||||||
8 | (a) personal observation of the teacher in the | ||||||
9 | classroom by the evaluator (on at least
2 different school | ||||||
10 | days in school districts having a population
exceeding
| ||||||
11 | 500,000) by a district administrator qualified under | ||||||
12 | Section 24A-3, or --
in school districts having a | ||||||
13 | population exceeding 500,000 -- by either an
administrator | ||||||
14 | qualified under Section 24A-3 or an assistant principal | ||||||
15 | under
the supervision of an administrator qualified under | ||||||
16 | Section 24A-3 , unless
the teacher has no classroom duties. | ||||||
17 | (b) consideration of the teacher's attendance, | ||||||
18 | planning, and
instructional methods, classroom management, | ||||||
19 | where relevant, and
competency in the subject matter | ||||||
20 | taught , where relevant . | ||||||
21 | (c) by no later than the applicable implementation | ||||||
22 | date, consideration of student growth as a significant | ||||||
23 | factor in the rating of the teacher's performance. | ||||||
24 | (d) prior to September 1, 2012, (c) rating of the | ||||||
25 | teacher's performance of teachers in contractual continued | ||||||
26 | service as either: |
| |||||||
| |||||||
1 | (i) "excellent",
"satisfactory" or | ||||||
2 | "unsatisfactory" ; or . | ||||||
3 | (ii) "excellent", "proficient", "needs | ||||||
4 | improvement" or "unsatisfactory". | ||||||
5 | (e) on and after September 1, 2012, rating of the | ||||||
6 | performance of teachers in contractual continued service | ||||||
7 | as "excellent", "proficient", "needs improvement" or | ||||||
8 | "unsatisfactory". | ||||||
9 | (f) (d) specification as to the teacher's strengths and | ||||||
10 | weaknesses, with
supporting reasons for the comments made. | ||||||
11 | (g) (e) inclusion of a copy of the evaluation in the | ||||||
12 | teacher's personnel
file and provision of a copy to the | ||||||
13 | teacher. | ||||||
14 | (h) within 30 school days after the completion of an | ||||||
15 | evaluation rating a teacher in contractual continued | ||||||
16 | service as "needs improvement", development by the | ||||||
17 | evaluator, in consultation with the teacher, and taking | ||||||
18 | into account the teacher's on-going professional | ||||||
19 | responsibilities including his or her regular teaching | ||||||
20 | assignments, of a professional development plan directed | ||||||
21 | to the areas that need improvement and any supports that | ||||||
22 | the district will provide to address the areas identified | ||||||
23 | as needing improvement. | ||||||
24 | (i) (f) within 30 days after completion of an | ||||||
25 | evaluation rating a teacher
in contractual continued | ||||||
26 | service as "unsatisfactory", development and commencement |
| |||||||
| |||||||
1 | by the district , or by an administrator qualified under | ||||||
2 | Section
24A-3 or an assistant principal under the | ||||||
3 | supervision of an administrator
qualified under Section | ||||||
4 | 24A-3 in school districts having a population
exceeding | ||||||
5 | 500,000, of a remediation plan designed to correct | ||||||
6 | deficiencies
cited, provided the deficiencies are deemed | ||||||
7 | remediable.
In all school districts the
remediation plan | ||||||
8 | for unsatisfactory, tenured teachers shall
provide for 90 | ||||||
9 | school days of remediation within the
classroom , unless an | ||||||
10 | applicable collective bargaining agreement provides for a | ||||||
11 | shorter duration . In all school districts evaluations | ||||||
12 | issued pursuant
to
this Section shall be
issued within 10 | ||||||
13 | days after the conclusion of the respective remediation | ||||||
14 | plan.
However, the school board or other governing | ||||||
15 | authority of the district
shall not lose
jurisdiction to | ||||||
16 | discharge a teacher in the event the evaluation is not | ||||||
17 | issued
within 10 days after the conclusion of the | ||||||
18 | respective remediation plan. | ||||||
19 | (j) (g) participation in the remediation plan by the | ||||||
20 | teacher in contractual continued service rated
| ||||||
21 | "unsatisfactory", an evaluator and a district | ||||||
22 | administrator qualified under Section 24A-3
(or -- in a | ||||||
23 | school district having a population exceeding 500,000 -- an
| ||||||
24 | administrator qualified under Section 24A-3 or an | ||||||
25 | assistant principal under
the supervision of an | ||||||
26 | administrator qualified under Section 24A-3),
and a |
| |||||||
| |||||||
1 | consulting teacher , selected by the evaluator by the | ||||||
2 | participating administrator or by
the principal, or -- in | ||||||
3 | school districts having a population exceeding
500,000 -- | ||||||
4 | by an administrator qualified under Section 24A-3 or by an
| ||||||
5 | assistant principal under the supervision of an | ||||||
6 | administrator qualified
under Section 24A-3, of the | ||||||
7 | teacher who was rated "unsatisfactory", which
consulting | ||||||
8 | teacher is an educational employee as defined in the | ||||||
9 | Educational
Labor Relations Act, has at least 5 years' | ||||||
10 | teaching experience , and a
reasonable familiarity with the | ||||||
11 | assignment of the teacher being evaluated,
and who received | ||||||
12 | an "excellent" rating on his or her most
recent evaluation. | ||||||
13 | Where no teachers who meet these criteria are available
| ||||||
14 | within the district, the district shall request and the | ||||||
15 | State Board of
Education shall supply, to participate in | ||||||
16 | the remediation process, an
individual who meets these | ||||||
17 | criteria. | ||||||
18 | In a district having a population of less than 500,000 | ||||||
19 | with an
exclusive bargaining agent, the bargaining agent
| ||||||
20 | may, if it so chooses, supply a roster of qualified | ||||||
21 | teachers from whom the
consulting teacher is to be | ||||||
22 | selected. That roster shall, however, contain
the names of | ||||||
23 | at least 5 teachers, each of whom meets the criteria for
| ||||||
24 | consulting teacher with regard to the teacher being | ||||||
25 | evaluated, or the names
of all teachers so qualified if | ||||||
26 | that number is less than 5. In the event of
a dispute as to |
| |||||||
| |||||||
1 | qualification, the State Board shall determine | ||||||
2 | qualification. | ||||||
3 | (k) a mid-point and final evaluation by an evaluator | ||||||
4 | during and at the end of the remediation period, | ||||||
5 | immediately following receipt of a remediation plan | ||||||
6 | provided for under subsections (i) and (j) of this Section. | ||||||
7 | Each evaluation shall assess the teacher's performance | ||||||
8 | during the time period since the prior evaluation; provided | ||||||
9 | that the last evaluation shall also include an overall | ||||||
10 | evaluation of the teacher's performance during the | ||||||
11 | remediation period. A written copy of the evaluations and | ||||||
12 | ratings, in which any deficiencies in performance and | ||||||
13 | recommendations for correction are identified, shall be | ||||||
14 | provided to and discussed with the teacher within 10 school | ||||||
15 | days after the date of the evaluation, unless an applicable | ||||||
16 | collective bargaining agreement provides to the contrary. | ||||||
17 | (h) evaluations and ratings once every 30 school days
for | ||||||
18 | the 90 school day
remediation period immediately
following | ||||||
19 | receipt of a remediation plan provided for under | ||||||
20 | subsections (f) and (g) of this
Section;
provided that in | ||||||
21 | school districts having a population
exceeding
500,000
| ||||||
22 | there shall be monthly evaluations and ratings for the | ||||||
23 | first 6 months and
quarterly evaluations and ratings for | ||||||
24 | the next 6 months immediately
following completion of the | ||||||
25 | remediation program of a teacher for whom a
remediation | ||||||
26 | plan has been developed. These subsequent evaluations
|
| |||||||
| |||||||
1 | shall be conducted by an evaluator the participating | ||||||
2 | administrator, or -- in school
districts having a | ||||||
3 | population exceeding 500,000 -- by either the principal
or | ||||||
4 | by an assistant principal under the supervision of an
| ||||||
5 | administrator qualified under Section 24A-3 . The | ||||||
6 | consulting
teacher shall provide advice to the teacher | ||||||
7 | rated "unsatisfactory" on how
to improve teaching skills | ||||||
8 | and to successfully complete the remediation
plan. The | ||||||
9 | consulting teacher shall participate in developing the
| ||||||
10 | remediation plan, but the final decision as to the | ||||||
11 | evaluation shall be done
solely by the evaluator | ||||||
12 | administrator, or -- in school districts having a | ||||||
13 | population
exceeding 500,000 -- by either the principal or | ||||||
14 | by an assistant principal
under the supervision of an | ||||||
15 | administrator qualified under Section 24A-3 ,
unless an | ||||||
16 | applicable collective bargaining agreement provides to the | ||||||
17 | contrary.
Teachers in the remediation process in a school | ||||||
18 | district having a
population
exceeding 500,000 are not | ||||||
19 | subject to the annual evaluations
described in paragraphs | ||||||
20 | (a) through (e) of this Section. Evaluations at the
| ||||||
21 | conclusion of the remediation process shall be separate and | ||||||
22 | distinct from the
required annual evaluations of teachers | ||||||
23 | and shall not be subject to the
guidelines and procedures | ||||||
24 | relating to those annual evaluations. The evaluator
may but | ||||||
25 | is not required to use the forms provided for the annual | ||||||
26 | evaluation of
teachers in the district's evaluation plan. |
| |||||||
| |||||||
1 | (l) (i) in school districts having a population of less | ||||||
2 | than
500,000,
reinstatement to the evaluation schedule set | ||||||
3 | forth in the district's evaluation plan a schedule of | ||||||
4 | biennial evaluation for any teacher in contractual | ||||||
5 | continued service
who achieves a rating equal to or better | ||||||
6 | than "satisfactory" or "proficient" in the school year | ||||||
7 | following a rating of "needs improvement" or | ||||||
8 | "unsatisfactory". completes the 90 school day remediation | ||||||
9 | plan with a
"satisfactory" or better
rating, unless the | ||||||
10 | district's plan regularly requires more frequent
| ||||||
11 | evaluations; and in school districts having a population | ||||||
12 | exceeding
500,000, reinstatement to a schedule of biennial | ||||||
13 | evaluation for any teacher
who completes the 90 school day | ||||||
14 | remediation plan with a "satisfactory" or
better rating and | ||||||
15 | the one
year intensive review schedule as provided in | ||||||
16 | paragraph (h) of this Section
with a "satisfactory" or | ||||||
17 | better rating, unless such district's plan regularly
| ||||||
18 | requires more frequent evaluations. | ||||||
19 | (m) (j) dismissal in accordance with Section 24-12 or | ||||||
20 | 34-85 of the School
Code of any teacher who fails to | ||||||
21 | complete any applicable remediation plan
with a rating | ||||||
22 | equal to or better than a "satisfactory" or "proficient" | ||||||
23 | better rating. Districts and teachers subject to
dismissal | ||||||
24 | hearings are precluded from compelling the testimony of
| ||||||
25 | consulting teachers at such hearings under Section 24-12 or | ||||||
26 | 34-85, either
as to the rating process or for opinions of |
| |||||||
| |||||||
1 | performances by teachers under
remediation. | ||||||
2 | In a district subject to a collective bargaining agreement
| ||||||
3 | as of the effective date of this amendatory Act of 1997, any | ||||||
4 | changes made by this amendatory Act to the provisions of this
| ||||||
5 | Section that are contrary to the express terms and provisions | ||||||
6 | of that
agreement shall go into effect in that district only | ||||||
7 | upon
expiration of that agreement. Thereafter, collectively | ||||||
8 | bargained evaluation
plans shall at a minimum meet the | ||||||
9 | standards of this Article. If such a
district has an evaluation | ||||||
10 | plan, however, whether pursuant to the
collective bargaining | ||||||
11 | agreement or otherwise, a copy of that plan shall be
submitted | ||||||
12 | to the State Board of Education for review and comment, in
| ||||||
13 | accordance with Section 24A-4. | ||||||
14 | Nothing in this Section or Section 24A-4 shall be construed | ||||||
15 | as preventing immediate
dismissal of a teacher for deficiencies | ||||||
16 | which are
deemed irremediable or for actions which are | ||||||
17 | injurious to or endanger the
health or person of students in | ||||||
18 | the classroom or school , or preventing the dismissal or | ||||||
19 | non-renewal of teachers not in contractual continued service | ||||||
20 | for any reason not prohibited by applicable employment, labor, | ||||||
21 | and civil rights laws . Failure to
strictly comply with the time | ||||||
22 | requirements contained in Section 24A-5 shall
not invalidate | ||||||
23 | the results of the remediation plan. | ||||||
24 | (Source: P.A. 95-510, eff. 8-28-07.)
| ||||||
25 | (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) |
| |||||||
| |||||||
1 | Sec. 24A-7. Rules. The State Board of Education is | ||||||
2 | authorized to adopt such rules as
are deemed necessary to | ||||||
3 | implement and accomplish the purposes and
provisions of this | ||||||
4 | Article, including, but not limited to, rules (i) relating to | ||||||
5 | the methods for measuring student growth (including, but not | ||||||
6 | limited to, limitations on the age of useable data; the amount | ||||||
7 | of data needed to reliably and validly measure growth for the | ||||||
8 | purpose of teacher and principal evaluations; and whether and | ||||||
9 | at what time annual State assessments may be used as one of | ||||||
10 | multiple measures of student growth), (ii) defining the term | ||||||
11 | "significant factor" for purposes of including consideration | ||||||
12 | of student growth in performance ratings, (iii) controlling for | ||||||
13 | such factors as student characteristics (including, but not | ||||||
14 | limited to, students receiving special education and English | ||||||
15 | Language Learner services), student attendance, and student | ||||||
16 | mobility so as to best measure the impact that a teacher, | ||||||
17 | principal, school and school district has on students' academic | ||||||
18 | achievement, (iv) establishing minimum requirements for | ||||||
19 | district teacher and principal evaluation instruments and | ||||||
20 | procedures, and (v) establishing a model evaluation plan for | ||||||
21 | use by school districts in which student growth shall comprise | ||||||
22 | 50% of the performance rating. Notwithstanding any provision in | ||||||
23 | this Section, rules shall not preclude a school district having | ||||||
24 | 500,000 or more inhabitants from using an annual State | ||||||
25 | assessment as the sole measure of student growth for purposes | ||||||
26 | of teacher or principal evaluations. |
| |||||||
| |||||||
1 | The rules shall be developed through a process involving | ||||||
2 | collaboration with a Performance Evaluation Advisory Council, | ||||||
3 | which shall be convened and staffed by the State Board of | ||||||
4 | Education. Members of the Council shall be selected by the | ||||||
5 | State Superintendent and include, without limitation, | ||||||
6 | representatives of teacher unions and school district | ||||||
7 | management, persons with expertise in performance evaluation | ||||||
8 | processes and systems, as well as other stakeholders. The | ||||||
9 | Performance Evaluation Advisory Council shall meet at least | ||||||
10 | quarterly following the effective date of this amendatory Act | ||||||
11 | of the 96th General Assembly until June 30, 2017. | ||||||
12 | Prior to the applicable implementation date, except that | ||||||
13 | these rules shall not apply to teachers assigned to schools | ||||||
14 | identified in an agreement entered into between the board of a | ||||||
15 | school district operating under Article 34 of this Code and the | ||||||
16 | exclusive representative of the district's teachers in | ||||||
17 | accordance with Section 34-85c of this Code. | ||||||
18 | (Source: P.A. 95-510, eff. 8-28-07.)
| ||||||
19 | (105 ILCS 5/24A-7.1 new) | ||||||
20 | Sec. 24A-7.1. Teacher, principal, and superintendent | ||||||
21 | performance evaluations. Except as otherwise provided under | ||||||
22 | this Act, disclosure of public school teacher, principal, and | ||||||
23 | superintendent performance evaluations is prohibited.
| ||||||
24 | (105 ILCS 5/24A-8) (from Ch. 122, par. 24A-8) |
| |||||||
| |||||||
1 | Sec. 24A-8. Evaluation of teachers not in contractual | ||||||
2 | continued service. Each Beginning with the 1987-88 school year | ||||||
3 | each teacher not in contractual
continued service shall be | ||||||
4 | evaluated at least once each school year. | ||||||
5 | (Source: P.A. 84-1419.)
| ||||||
6 | (105 ILCS 5/24A-15) | ||||||
7 | Sec. 24A-15. Development and submission of evaluation plan | ||||||
8 | for principals. | ||||||
9 | (a) Each Beginning with the 2006-2007 school year and each | ||||||
10 | school year thereafter, each school district, except for a | ||||||
11 | school district organized under Article 34 of this Code, shall | ||||||
12 | establish a principal evaluation plan in accordance with this | ||||||
13 | Section. The plan must ensure that each principal is evaluated | ||||||
14 | as follows: | ||||||
15 | (1) For a principal on a single-year contract, the | ||||||
16 | evaluation must take place by March February 1 of each | ||||||
17 | year. | ||||||
18 | (2) For a principal on a multi-year contract under | ||||||
19 | Section 10-23.8a of this Code, the evaluation must take | ||||||
20 | place by March 1 February 1 of the final year of the | ||||||
21 | contract. | ||||||
22 | On and after September 1, 2012, the plan must: | ||||||
23 | (i) rate the principal's performance as "excellent", | ||||||
24 | "proficient", "needs improvement" or "unsatisfactory"; and | ||||||
25 | (ii) ensure that each principal is evaluated at least |
| |||||||
| |||||||
1 | once every school year. | ||||||
2 | Nothing in this Section prohibits a school district from | ||||||
3 | conducting additional evaluations of principals.
| ||||||
4 | (b) The evaluation shall include a description of the | ||||||
5 | principal's duties and responsibilities and the standards to | ||||||
6 | which the principal is expected to conform. | ||||||
7 | (c) The evaluation must be performed by the district | ||||||
8 | superintendent, the superintendent's designee, or, in the | ||||||
9 | absence of the superintendent or his or her designee, an | ||||||
10 | individual appointed by the school board who holds a registered | ||||||
11 | Type 75 State administrative certificate. | ||||||
12 | Prior to September 1, 2012, the The evaluation must be in | ||||||
13 | writing and must at least do all of the following: | ||||||
14 | (1) Consider the principal's specific duties, | ||||||
15 | responsibilities, management, and competence as a | ||||||
16 | principal. | ||||||
17 | (2) Specify the principal's strengths and weaknesses, | ||||||
18 | with supporting reasons. | ||||||
19 | (3) Align with the Illinois Professional Standards for | ||||||
20 | School Leaders or research-based standards established by | ||||||
21 | administrative rule district standards .
| ||||||
22 | On and after September 1, 2012, the evaluation must, in | ||||||
23 | addition to the requirements in items (1), (2), and (3) of this | ||||||
24 | subsection (c), provide for the use of data and indicators on | ||||||
25 | student growth as a significant factor in rating performance. | ||||||
26 | (d) One copy of the evaluation must be included in the |
| |||||||
| |||||||
1 | principal's personnel file and one copy of the evaluation must | ||||||
2 | be provided to the principal. | ||||||
3 | (e) Failure by a district to evaluate a principal and to | ||||||
4 | provide the principal with a copy of the evaluation at least | ||||||
5 | once during the term of the principal's contract, in accordance | ||||||
6 | with this Section, is evidence that the principal is performing | ||||||
7 | duties and responsibilities in at least a satisfactory manner | ||||||
8 | and shall serve to automatically extend the principal's | ||||||
9 | contract for a period of one year after the contract would | ||||||
10 | otherwise expire, under the same terms and conditions as the | ||||||
11 | prior year's contract. The requirements in this Section are in | ||||||
12 | addition to the right of a school board to reclassify a | ||||||
13 | principal pursuant to Section 10-23.8b of this Code. | ||||||
14 | (f) Nothing in this Section prohibits a school board from | ||||||
15 | ordering lateral transfers of principals to positions of | ||||||
16 | similar rank and salary.
| ||||||
17 | (Source: P.A. 94-1039, eff. 7-20-06.)
| ||||||
18 | (105 ILCS 5/24A-20 new) | ||||||
19 | Sec. 24A-20. State Board of Education data collection and | ||||||
20 | evaluation assessment and support systems. | ||||||
21 | (a) On or before the date established in subsection (b) of | ||||||
22 | this Section, the State Board of Education shall, through a | ||||||
23 | process involving collaboration with the Performance | ||||||
24 | Evaluation Advisory Council, develop or contract for the | ||||||
25 | development of and implement all of the following data |
| |||||||
| |||||||
1 | collection and evaluation assessment and support systems: | ||||||
2 | (1) A system to annually collect and publish data by | ||||||
3 | district and school on teacher and administrator | ||||||
4 | performance evaluation outcomes. The system must ensure | ||||||
5 | that no teacher or administrator can be personally | ||||||
6 | identified by publicly reported data. | ||||||
7 | (2) Both a teacher and principal model evaluation | ||||||
8 | template. The model templates must incorporate the | ||||||
9 | requirements of this Article and any other requirements | ||||||
10 | established by the State Board by administrative rule, but | ||||||
11 | allow customization by districts in a manner that does not | ||||||
12 | conflict with such requirements. | ||||||
13 | (3) An evaluator pre-qualification program based on | ||||||
14 | the model teacher evaluation template. | ||||||
15 | (4) An evaluator training program based on the model | ||||||
16 | teacher evaluation template. The training program shall | ||||||
17 | provide multiple training options that account for the | ||||||
18 | prior training and experience of the evaluator. | ||||||
19 | (5) A superintendent training program based on the | ||||||
20 | model principal evaluation template. | ||||||
21 | (6) One or more instruments to provide feedback to | ||||||
22 | principals on the instructional environment within a | ||||||
23 | school. | ||||||
24 | (7) A State Board-provided or approved technical | ||||||
25 | assistance system that supports districts with the | ||||||
26 | development and implementation of teacher and principal |
| |||||||
| |||||||
1 | evaluation systems. | ||||||
2 | (8) Web-based systems and tools supporting | ||||||
3 | implementation of the model templates and the evaluator | ||||||
4 | pre-qualification and training programs. | ||||||
5 | (9) A process for measuring and reporting correlations | ||||||
6 | between local principal and teacher evaluations and (A) | ||||||
7 | student growth in tested grades and subjects and (B) | ||||||
8 | retention rates of teachers. | ||||||
9 | (10) A process for assessing whether school district | ||||||
10 | evaluation systems developed pursuant to this Act and that | ||||||
11 | consider student growth as a significant factor in the | ||||||
12 | rating of a teacher's and principal's performance are valid | ||||||
13 | and reliable, contribute to the development of staff, and | ||||||
14 | improve student achievement outcomes. By no later than | ||||||
15 | September 1, 2014, a research-based study shall be issued | ||||||
16 | assessing such systems for validity and reliability, | ||||||
17 | contribution to the development of staff, and improvement | ||||||
18 | of student performance and recommending, based on the | ||||||
19 | results of this study, changes, if any, that need to be | ||||||
20 | incorporated into teacher and principal evaluation systems | ||||||
21 | that consider student growth as a significant factor in the | ||||||
22 | rating performance for remaining school districts to be | ||||||
23 | required to implement such systems. | ||||||
24 | (b) If the State of Illinois receives a Race to the Top | ||||||
25 | Grant, the data collection and support systems described in | ||||||
26 | subsection (a) must be developed on or before September 30, |
| |||||||
| |||||||
1 | 2011. If the State of Illinois does not receive a Race to the | ||||||
2 | Top Grant, the data collection and support systems described in | ||||||
3 | subsection (a) must be developed on or before September 30, | ||||||
4 | 2012; provided, however, that the data collection and support | ||||||
5 | systems set forth in items (3) and (4) of subsection (a) of | ||||||
6 | this Section must be developed by September 30, 2011 regardless | ||||||
7 | of whether the State of Illinois receives a Race to the Top | ||||||
8 | Grant. By no later than September 1, 2011, if the State of | ||||||
9 | Illinois receives a Race to the Top Grant, or September 1, | ||||||
10 | 2012, if the State of Illinois does not receive a Race to the | ||||||
11 | Top Grant, the State Board of Education must execute or | ||||||
12 | contract for the execution of the assessment referenced in item | ||||||
13 | (10) of subsection (a) of this Section to determine whether the | ||||||
14 | school district evaluation systems developed pursuant to this | ||||||
15 | Act have been valid and reliable, contributed to the | ||||||
16 | development of staff, and improved student performance. | ||||||
17 | (c) Districts shall submit data and information to the | ||||||
18 | State Board on teacher and principal performance evaluations | ||||||
19 | and evaluation plans in accordance with procedures and | ||||||
20 | requirements for submissions established by the State Board. | ||||||
21 | Such data shall include, without limitation, (i) data on the | ||||||
22 | performance rating given to all teachers in contractual | ||||||
23 | continued service, (ii) data on district recommendations to | ||||||
24 | renew or not renew teachers not in contractual continued | ||||||
25 | service, and (iii) data on the performance rating given to all | ||||||
26 | principals. |
| |||||||
| |||||||
1 | (d) If the State Board of Education does not timely fulfill | ||||||
2 | any of the requirements set forth in Sections 24A-7 and 24A-20, | ||||||
3 | and adequate and sustainable federal, State, or other funds are | ||||||
4 | not provided to the State Board of Education and school | ||||||
5 | districts to meet their responsibilities under this Article, | ||||||
6 | the applicable implementation date shall be postponed by the | ||||||
7 | number of calendar days equal to those needed by the State | ||||||
8 | Board of Education to fulfill such requirements and for the | ||||||
9 | adequate and sustainable funds to be provided to the State | ||||||
10 | Board of Education and school districts. The determination as | ||||||
11 | to whether the State Board of Education has fulfilled any or | ||||||
12 | all requirements set forth in Sections 24A-7 and 24A-20 and | ||||||
13 | whether adequate and sustainable funds have been provided to | ||||||
14 | the State Board of Education and school districts shall be made | ||||||
15 | by the State Board of Education in consultation with the P-20 | ||||||
16 | Council.
| ||||||
17 | (105 ILCS 5/34-8) (from Ch. 122, par. 34-8) | ||||||
18 | Sec. 34-8. Powers and duties of general superintendent. The | ||||||
19 | general superintendent of schools shall prescribe and control,
| ||||||
20 | subject to the approval of the board and to other provisions of | ||||||
21 | this
Article, the courses of study mandated by State law, | ||||||
22 | textbooks,
educational apparatus and equipment, discipline in | ||||||
23 | and conduct of the
schools, and shall perform such other duties | ||||||
24 | as the board may by rule
prescribe. The superintendent shall | ||||||
25 | also notify the State Board of
Education, the board and the |
| |||||||
| |||||||
1 | chief administrative official, other than the
alleged | ||||||
2 | perpetrator himself, in the school where the alleged | ||||||
3 | perpetrator
serves, that any person who is employed in a school | ||||||
4 | or otherwise comes into
frequent contact with children in the | ||||||
5 | school has been named as a
perpetrator in an indicated report | ||||||
6 | filed pursuant to the Abused and
Neglected Child Reporting Act, | ||||||
7 | approved June 26, 1975, as amended. | ||||||
8 | The general superintendent may be granted the authority by | ||||||
9 | the board
to hire a specific number of employees to assist in | ||||||
10 | meeting immediate
responsibilities. Conditions of employment | ||||||
11 | for such personnel shall not be
subject to the provisions of | ||||||
12 | Section 34-85. | ||||||
13 | The general superintendent may, pursuant to a delegation of | ||||||
14 | authority by
the board and Section 34-18, approve contracts and | ||||||
15 | expenditures. | ||||||
16 | Pursuant to other provisions of this Article, sites shall | ||||||
17 | be selected,
schoolhouses located thereon and plans therefor | ||||||
18 | approved, and textbooks
and educational apparatus and | ||||||
19 | equipment shall be adopted and purchased
by the board only upon | ||||||
20 | the recommendation of the general superintendent
of schools or | ||||||
21 | by a majority vote of the full membership of the board
and, in | ||||||
22 | the case of textbooks, subject to Article 28 of this Act. The
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23 | board may furnish free textbooks to pupils and may publish its | ||||||
24 | own
textbooks and manufacture its own apparatus, equipment and | ||||||
25 | supplies. | ||||||
26 | In addition, in January of each year,
the general
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1 | superintendent of schools shall report to the State Board of | ||||||
2 | Education the number of high school students
in the district | ||||||
3 | who are enrolled in accredited courses (for which high
school | ||||||
4 | credit will be awarded upon successful completion of the | ||||||
5 | courses) at
any community college, together with the name and | ||||||
6 | number of the course or
courses which each such student is | ||||||
7 | taking. | ||||||
8 | The general superintendent shall also have the authority to | ||||||
9 | monitor the
performance of attendance centers, to identify and | ||||||
10 | place an attendance
center on remediation and probation, and to | ||||||
11 | recommend to the board that the
attendance center be placed on | ||||||
12 | intervention and be reconstituted, subject to
the provisions of | ||||||
13 | Sections 34-8.3 and 8.4. | ||||||
14 | The general superintendent, or his or her designee, shall
| ||||||
15 | conduct an annual evaluation of each principal in the district
| ||||||
16 | pursuant to guidelines promulgated by the Board and the Board | ||||||
17 | approved
principal evaluation form. The evaluation
shall be | ||||||
18 | based on factors, including the following:
(i) student academic | ||||||
19 | improvement, as defined by the
school improvement plan; (ii) | ||||||
20 | student absenteeism rates at the school;
(iii) instructional | ||||||
21 | leadership;
(iv) effective implementation of programs, | ||||||
22 | policies, or strategies to
improve student academic | ||||||
23 | achievement; (v) school management;
and (vi) other factors, | ||||||
24 | including, without limitation, the principal's
communication | ||||||
25 | skills and ability to create and maintain a
student-centered | ||||||
26 | learning environment, to develop
opportunities for |
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1 | professional development, and to encourage parental
| ||||||
2 | involvement and community partnerships to achieve school | ||||||
3 | improvement. | ||||||
4 | Effective no later than September 1, 2012, the general | ||||||
5 | superintendent or his or her designee shall develop a written | ||||||
6 | principal evaluation plan. The evaluation plan must be in | ||||||
7 | writing and shall supersede the evaluation requirements set | ||||||
8 | forth in this Section. The evaluation plan must do at least all | ||||||
9 | of the following: | ||||||
10 | (1) Provide for annual evaluation of all principals | ||||||
11 | employed under a performance contract by the general | ||||||
12 | superintendent or his or her designee, no later than July | ||||||
13 | 1st of each year. | ||||||
14 | (2) Consider the principal's specific duties, | ||||||
15 | responsibilities, management, and competence as a | ||||||
16 | principal. | ||||||
17 | (3) Specify the principal's strengths and weaknesses, | ||||||
18 | with supporting reasons. | ||||||
19 | (4) Align with research-based standards. | ||||||
20 | (5) Use data and indicators on student growth as a | ||||||
21 | significant factor in rating principal performance. | ||||||
22 | (Source: P.A. 95-496, eff. 8-28-07.)
| ||||||
23 | (105 ILCS 5/34-85c) | ||||||
24 | Sec. 34-85c. Alternative procedures for teacher | ||||||
25 | evaluation, remediation, and removal for cause after |
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1 | remediation. | ||||||
2 | (a) Notwithstanding any law to the contrary, the board and | ||||||
3 | the exclusive representative of the district's teachers are | ||||||
4 | hereby authorized to enter into an agreement to establish | ||||||
5 | alternative procedures for teacher evaluation, remediation, | ||||||
6 | and removal for cause after remediation, including an | ||||||
7 | alternative system for peer evaluation and recommendations ; | ||||||
8 | provided, however, that no later than September 1, 2012: (i) | ||||||
9 | any alternative procedures must include provisions whereby | ||||||
10 | student performance data is a significant factor in teacher | ||||||
11 | evaluation and (ii) teachers are rated as "excellent", | ||||||
12 | "proficient", "needs improvement" or "unsatisfactory" . | ||||||
13 | Pursuant exclusively to that agreement, teachers assigned to | ||||||
14 | schools identified in that agreement shall be subject to an | ||||||
15 | alternative performance evaluation plan and remediation | ||||||
16 | procedures in lieu of the plan and procedures set forth in | ||||||
17 | Article 24A of this Code and alternative removal for cause | ||||||
18 | standards and procedures in lieu of the removal standards and | ||||||
19 | procedures set forth in Sections 34-85 and 34-85b of this Code. | ||||||
20 | To the extent that the agreement provides a teacher with an | ||||||
21 | opportunity for a hearing on removal for cause before an | ||||||
22 | independent hearing officer in accordance with Sections 34-85 | ||||||
23 | and 34-85b or otherwise, the hearing officer shall be governed | ||||||
24 | by the alternative performance evaluation plan, remediation | ||||||
25 | procedures, and removal standards and procedures set forth in | ||||||
26 | the agreement in making findings of fact and a recommendation. |
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1 | (b) The board and the exclusive representative of the | ||||||
2 | district's teachers shall submit a certified copy of an | ||||||
3 | agreement as provided under subsection (a) of this Section to | ||||||
4 | the State Board of Education. | ||||||
5 | (Source: P.A. 95-510, eff. 8-28-07.)
| ||||||
6 | (105 ILCS 5/24A-6 rep.) | ||||||
7 | Section 20. The School Code is amended by repealing Section | ||||||
8 | 24A-6.
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|