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Illinois General Assembly· SB 28Governor Approved

SCH CD-EMPLOYEE EVALUATIONS, the official text

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SB0028 Enrolled                     LRB104 07498 LNS 17542 b

1   AN ACT concerning education.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The School Code is amended by changing Sections

5 24-16.5, 24A-2.5, 24A-4, 24A-5, 24A-7, 24A-15, 24A-20, 34-8,

6 and 34-85c as follows:

7   (105 ILCS 5/24-16.5)

8   Sec. 24-16.5. Optional alternative evaluative dismissal

9 process for PERA evaluations.

10  (a) As used in this Section:

11  "Applicable hearing requirements" means (i) for any school

12 district having less than 500,000 inhabitants or a program of

13 a special education joint agreement, those procedures and

14 requirements relating to a teacher's request for a hearing,

15 selection of a hearing officer, pre-hearing and hearing

16 procedures, and post-hearing briefs set forth in paragraphs

17 (1) through (6) of subsection (d) of Section 24-12 of this Code

18 or (ii) for a school district having 500,000 inhabitants or

19 more, those procedures and requirements relating to a

20 teacher's request for a hearing, selection of a hearing

21 officer, pre-hearing and hearing procedures, and post-hearing

22 briefs set forth in paragraphs (1) through (5) of subsection

23 (a) of Section 34-85 of this Code.
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1   "Board" means, for a school district having less than

2 500,000 inhabitants or a program of a special education joint

3 agreement, the board of directors, board of education, or

4 board of school inspectors, as the case may be. For a school

5 district having 500,000 inhabitants or more, "board" means the

6 Chicago Board of Education.

7   "Evaluator" means an evaluator, as defined in Section

8 24A-2.5 of this Code, who has successfully completed the

9 pre-qualification program described in subsection (b) of

10 Section 24A-3 of this Code.

11  "PERA-trained board member" means a member of a board that

12 has completed a training program on PERA evaluations either

13 administered or approved by the State Board of Education.

14  "PERA evaluation" means a performance evaluation of a

15 teacher after the implementation date of an evaluation system

16 for teachers, as specified by Section 24A-2.5 of this Code,

17 using a performance evaluation instrument and process that

18 meets the minimum requirements for teacher evaluation

19 instruments and processes set forth in rules adopted by the

20 State Board of Education to implement Public Act 96-861.

21  "Remediation" means the remediation plan, mid-point and

22 final evaluations, and related processes and requirements set

23 forth in subdivisions (i), (j), and (k) of Section 24A-5 of

24 this Code.

25  "School district" means a school district or a program of

26 a special education joint agreement.
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1   "Second evaluator" means an evaluator who either conducts

2 the mid-point and final remediation evaluation or conducts an

3 independent assessment of whether the teacher completed the

4 remediation plan with a rating equal to or better than a

5 "Proficient" rating, all in accordance with subdivision (c) of

6 this Section.

7   "Student growth components" means the components of a

8 performance evaluation plan described in subdivision (c) of

9 Section 24A-5 of this Code, as may be supplemented by

10 administrative rules adopted by the State Board of Education.

11  "Teacher practice components" means the components of a

12 performance evaluation plan described in subdivisions (a) and

13 (b) of Section 24A-5 of this Code, as may be supplemented by

14 administrative rules adopted by the State Board of Education.

15  "Teacher representatives" means the exclusive bargaining

16 representative of a school district's teachers or, if no

17 exclusive bargaining representatives exists, a representative

18 committee selected by teachers.

19  (b) This Section applies to all school districts,

20 including those having 500,000 or more inhabitants. The

21 optional dismissal process set forth in this Section is an

22 alternative to those set forth in Sections 24-12 and 34-85 of

23 this Code. Nothing in this Section is intended to change the

24 existing practices or precedents under Section 24-12 or 34-85

25 of this Code, nor shall this Section be interpreted as

26 implying standards and procedures that should or must be used
    SB0028 Enrolled       -4-             LRB104 07498 LNS 17542 b

1 as part of a remediation that precedes a dismissal sought

2 under Section 24-12 or 34-85 of this Code.

3   A board may dismiss a teacher who has entered upon

4 contractual continued service under this Section if the

5 following are met:

6        (1) the cause of dismissal is that the teacher has

7   failed to complete a remediation plan with a rating equal

8   to or better than a "Proficient" rating;

9        (2) the "Unsatisfactory" performance evaluation rating

10  that preceded remediation resulted from a PERA evaluation;

11  and

12       (3) the school district has complied with subsection

13  (c) of this Section.

14  A school district may not, through agreement with a

15 teacher or its teacher representatives, waive its right to

16 dismiss a teacher under this Section.

17  (c) Each school district electing to use the dismissal

18 process set forth in this Section must comply with the

19 pre-remediation and remediation activities and requirements

20 set forth in this subsection (c).

21       (1) Before a school district's first remediation

22  relating to a dismissal under this Section, the school

23  district must create and establish a list of at least 2

24  evaluators who will be available to serve as second

25  evaluators under this Section. The school district shall

26  provide its teacher representatives with an opportunity to
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1   submit additional names of teacher evaluators who will be

2   available to serve as second evaluators and who will be

3   added to the list created and established by the school

4   district, provided that, unless otherwise agreed to by the

5   school district, the teacher representatives may not

6   submit more teacher evaluators for inclusion on the list

7   than the number of evaluators submitted by the school

8   district. Each teacher evaluator must either have (i)

9   National Board of Professional Teaching Standards

10  certification, with no "Unsatisfactory" or "Needs

11  Improvement" performance evaluating ratings in his or her

12  2 most recent performance evaluation ratings; or (ii)

13  "Excellent" performance evaluation ratings in 2 of his or

14  her 3 most recent performance evaluations, with no "Needs

15  Improvement" or "Unsatisfactory" performance evaluation

16  ratings in his or her last 3 ratings. If the teacher

17  representatives do not submit a list of teacher evaluators

18  within 21 days after the school district's request, the

19  school district may proceed with a remediation using a

20  list that includes only the school district's selections.

21  Either the school district or the teacher representatives

22  may revise or add to their selections for the list at any

23  time with notice to the other party, subject to the

24  limitations set forth in this paragraph (1).

25  (2) Before a school district's first remediation

26  relating to a dismissal under this Section, the school
    SB0028 Enrolled  -6-  LRB104 07498 LNS 17542 b

1   district shall, in good faith cooperation with its teacher

2   representatives, establish a process for the selection of

3   a second evaluator from the list created pursuant to

4   paragraph (1) of this subsection (c). Such process may be

5   amended at any time in good faith cooperation with the

6   teacher representatives. If the teacher representatives

7   are given an opportunity to cooperate with the school

8   district and elect not to do so, the school district may,

9   at its discretion, establish or amend the process for

10  selection. Before the hearing officer and as part of any

11  judicial review of a dismissal under this Section, a

12  teacher may not challenge a remediation or dismissal on

13  the grounds that the process used by the school district

14  to select a second evaluator was not established in good

15  faith cooperation with its teacher representatives.

16  (3) For each remediation preceding a dismissal under

17  this Section, the school district shall select a second

18  evaluator from the list of second evaluators created

19  pursuant to paragraph (1) of this subsection (c), using

20  the selection process established pursuant to paragraph

21  (2) of this subsection (c). The selected second evaluator

22  may not be the same individual who determined the

23  teacher's "Unsatisfactory" performance evaluation rating

24  preceding remediation, and, if the second evaluator is an

25  administrator, may not be a direct report to the

26  individual who determined the teacher's "Unsatisfactory"
    SB0028 Enrolled  -7-        LRB104 07498 LNS 17542 b

1   performance evaluation rating preceding remediation. The

2   school district's authority to select a second evaluator

3   from the list of second evaluators must not be delegated

4   or limited through any agreement with the teacher

5   representatives, provided that nothing shall prohibit a

6   school district and its teacher representatives from

7   agreeing to a formal peer evaluation process as permitted

8   under Article 24A of this Code that could be used to meet

9   the requirements for the selection of second evaluators

10  under this subsection (c).

11  (4) The second evaluator selected pursuant to

12  paragraph (3) of this subsection (c) must either (i)

13  conduct the mid-point and final evaluation during

14  remediation or (ii) conduct an independent assessment of

15  whether the teacher completed the remediation plan with a

16  rating equal to or better than a "Proficient" rating,

17  which independent assessment shall include, but is not

18  limited to, personal or video-recorded observations of the

19  teacher that relate to the teacher practice components of

20  the remediation plan. Nothing in this subsection (c) shall

21  be construed to limit or preclude the participation of the

22  evaluator who rated a teacher as "Unsatisfactory" in

23  remediation.

24  (d) To institute a dismissal proceeding under this

25 Section, the board must first provide written notice to the

26 teacher within 30 days after the completion of the final
    SB0028 Enrolled  -8-  LRB104 07498 LNS 17542 b

1 remediation evaluation. The notice shall comply with the

2 applicable hearing requirements and, in addition, must specify

3 that dismissal is sought under this Section and include a copy

4 of each performance evaluation relating to the scope of the

5 hearing as described in this subsection (d).

6   The applicable hearing requirements shall apply to the

7 teacher's request for a hearing, the selection and

8 qualifications of the hearing officer, and pre-hearing and

9 hearing procedures, except that all of the following must be

10 met:

11       (1) The hearing officer must, in addition to meeting

12  the qualifications set forth in the applicable hearing

13  requirements, have successfully completed the

14  pre-qualification program described in subsection (b) of

15  Section 24A-3 of this Code, unless the State Board of

16  Education waives this requirement to provide an adequate

17  pool of hearing officers for consideration.

18       (2) The scope of the hearing must be limited as

19  follows:

20       (A) The school district must demonstrate the

21       following:

22                   (i) that the "Unsatisfactory" performance

23       evaluation rating that preceded remediation

24       applied the teacher practice components and

25       student growth components, if any, and determined

26       an overall evaluation rating of "Unsatisfactory"
    SB0028 Enrolled  -9-   LRB104 07498 LNS 17542 b

1   in accordance with the standards and requirements

2   of the school district's evaluation plan;

3                    (ii) that the remediation plan complied with

4   the requirements of Section 24A-5 of this Code;

5                    (iii) that the teacher failed to complete the

6   remediation plan with a performance evaluation

7   rating equal to or better than a "Proficient"

8   rating, based upon a final remediation evaluation

9   meeting the applicable standards and requirements

10  of the school district's evaluation plan; and

11                   (iv) that if the second evaluator selected

12  pursuant to paragraph (3) of subsection (c) of

13  this Section does not conduct the mid-point and

14  final evaluation and makes an independent

15  assessment that the teacher completed the

16  remediation plan with a rating equal to or better

17  than a "Proficient" rating, the school district

18  must demonstrate that the final remediation

19  evaluation is a more valid assessment of the

20  teacher's performance than the assessment made by

21  the second evaluator.

22  (B) The teacher may only challenge the substantive

23  and procedural aspects of (i) the "Unsatisfactory"

24  performance evaluation rating that led to the

25  remediation, (ii) the remediation plan, and (iii) the

26  final remediation evaluation. To the extent the
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1   teacher challenges procedural aspects, including any

2   in applicable collective bargaining agreement

3   provisions, of a relevant performance evaluation

4   rating or the remediation plan, the teacher must

5   demonstrate how an alleged procedural defect

6   materially affected the teacher's ability to

7   demonstrate a level of performance necessary to avoid

8   remediation or dismissal or successfully complete the

9   remediation plan. Without any such material effect, a

10  procedural defect shall not impact the assessment by

11  the hearing officer, board, or reviewing court of the

12  validity of a performance evaluation or a remediation

13  plan.

14  (C) The hearing officer shall only consider and

15  give weight to performance evaluations relevant to the

16  scope of the hearing as described in clauses (A) and

17  (B) of this subdivision (2).

18  (3) Each party shall be given only 2 days to present

19  evidence and testimony relating to the scope of the

20  hearing, unless a longer period is mutually agreed to by

21  the parties or deemed necessary by the hearing officer to

22  enable a party to present adequate evidence and testimony

23  to address the scope of the hearing, including due to the

24  other party's cross-examination of the party's witnesses.

25  (e) The provisions of Sections 24-12 and 34-85 pertaining

26 to the decision or recommendation of the hearing officer do
    SB0028 Enrolled  - 11 - LRB104 07498 LNS 17542 b

1 not apply to dismissal proceedings under this Section. For any

2 dismissal proceedings under this Section, the hearing officer

3 shall not issue a decision, and shall issue only findings of

4 fact and a recommendation, including the reasons therefor, to

5 the board to either retain or dismiss the teacher and shall

6 give a copy of the report to both the teacher and the

7 superintendent of the school district. The hearing officer's

8 findings of fact and recommendation must be issued within 30

9 days from the close of the record of the hearing.

10  The State Board of Education shall adopt rules regarding

11 the length of the hearing officer's findings of fact and

12 recommendation. If a hearing officer fails without good cause,

13 specifically provided in writing to both parties and the State

14 Board of Education, to render a recommendation within 30 days

15 after the hearing is concluded or the record is closed,

16 whichever is later, the parties may mutually agree to select a

17 hearing officer pursuant to the alternative procedure, as

18 provided in Section 24-12 or 34-85, to rehear the charges

19 heard by the hearing officer who failed to render a

20 recommendation or to review the record and render a

21 recommendation. If any hearing officer fails without good

22 cause, specifically provided in writing to both parties and

23 the State Board of Education, to render a recommendation

24 within 30 days after the hearing is concluded or the record is

25 closed, whichever is later, the hearing officer shall be

26 removed from the master list of hearing officers maintained by
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1 the State Board of Education for not more than 24 months. The

2 parties and the State Board of Education may also take such

3 other actions as it deems appropriate, including recovering,

4 reducing, or withholding any fees paid or to be paid to the

5 hearing officer. If any hearing officer repeats such failure,

6 he or she shall be permanently removed from the master list of

7 hearing officers maintained by the State Board of Education.

8   (f) The board, within 45 days after receipt of the hearing

9 officer's findings of fact and recommendation, shall decide,

10 through adoption of a written order, whether the teacher must

11 be dismissed from its employ or retained, provided that only

12 PERA-trained board members may participate in the vote with

13 respect to the decision.

14  If the board dismisses the teacher notwithstanding the

15 hearing officer's recommendation of retention, the board shall

16 make a conclusion, giving its reasons therefor, and such

17 conclusion and reasons must be included in its written order.

18 The failure of the board to strictly adhere to the timelines

19 contained in this Section does not render it without

20 jurisdiction to dismiss the teacher. The board shall not lose

21 jurisdiction to discharge the teacher if the hearing officer

22 fails to render a recommendation within the time specified in

23 this Section. The decision of the board is final, unless

24 reviewed as provided in subsection (g) of this Section.

25  If the board retains the teacher, the board shall enter a

26 written order stating the amount of back pay and lost
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1 benefits, less mitigation, to be paid to the teacher, within

2 45 days of its retention order.

3   (g) A teacher dismissed under this Section may apply for

4 and obtain judicial review of a decision of the board in

5 accordance with the provisions of the Administrative Review

6 Law, except as follows:

7   (1) for a teacher dismissed by a school district

8   having 500,000 inhabitants or more, such judicial review

9   must be taken directly to the appellate court of the

10  judicial district in which the board maintains its primary

11  administrative office, and any direct appeal to the

12  appellate court must be filed within 35 days from the date

13  that a copy of the decision sought to be reviewed was

14  served upon the teacher;

15  (2) for a teacher dismissed by a school district

16  having less than 500,000 inhabitants after the hearing

17  officer recommended dismissal, such judicial review must

18  be taken directly to the appellate court of the judicial

19  district in which the board maintains its primary

20  administrative office, and any direct appeal to the

21  appellate court must be filed within 35 days from the date

22  that a copy of the decision sought to be reviewed was

23  served upon the teacher; and

24  (3) for all school districts, if the hearing officer

25  recommended dismissal, the decision of the board may be

26  reversed only if it is found to be arbitrary, capricious,
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1   an abuse of discretion, or not in accordance with law.

2   In the event judicial review is instituted by a teacher,

3 any costs of preparing and filing the record of proceedings

4 must be paid by the teacher. If a decision of the board is

5 adjudicated upon judicial review in favor of the teacher, then

6 the court shall remand the matter to the board with direction

7 for entry of an order setting the amount of back pay, lost

8 benefits, and costs, less mitigation. The teacher may

9 challenge the board's order setting the amount of back pay,

10 lost benefits, and costs, less mitigation, through an

11 expedited arbitration procedure with the costs of the

12 arbitrator borne by the board.

13 (Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)

14  (105 ILCS 5/24A-2.5)

15  Sec. 24A-2.5. Definitions. In this Article:

16  "Evaluator" means:

17  (1) an administrator qualified under Section 24A-3; or

18  (2) other individuals qualified under Section 24A-3,

19  provided that, if such other individuals are in the

20  bargaining unit of a district's teachers, the district and

21  the exclusive bargaining representative of that unit must

22  agree to those individuals evaluating other bargaining

23  unit members.

24  Notwithstanding anything to the contrary in item (2) of

25 this definition, a school district operating under Article 34
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1 of this Code may require department chairs qualified under

2 Section 24A-3 to evaluate teachers in their department or

3 departments, provided that the school district shall bargain

4 with the bargaining representative of its teachers over the

5 impact and effects on department chairs of such a requirement.

6   "Implementation date" means, unless otherwise specified

7 and provided that the requirements set forth in subsection (d)

8 of Section 24A-20 have been met:

9   (1) For school districts having 500,000 or more

10  inhabitants, in at least 300 schools by September 1, 2012

11  and in the remaining schools by September 1, 2013.

12  (2) For school districts having less than 500,000

13  inhabitants and receiving a Race to the Top Grant or

14  School Improvement Grant after the effective date of this

15  amendatory Act of the 96th General Assembly, the date

16  specified in those grants for implementing an evaluation

17  system for teachers and principals incorporating student

18  growth as a significant factor.

19  (3) For the lowest performing 20% percent of remaining

20  school districts having less than 500,000 inhabitants

21  (with the measure of and school year or years used for

22  school district performance to be determined by the State

23  Superintendent of Education at a time determined by the

24  State Superintendent), September 1, 2015.

25  (4) For all other school districts having less than

26  500,000 inhabitants, September 1, 2016.
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1   Notwithstanding items (3) and (4) of this definition, a

2 school district and the exclusive bargaining representative of

3 its teachers may jointly agree in writing to an earlier

4 implementation date, provided that such date must not be

5 earlier than September 1, 2013. The written agreement of the

6 district and the exclusive bargaining representative must be

7 transmitted to the State Board of Education.

8   "Race to the Top Grant" means a grant made by the Secretary

9 of the U.S. Department of Education for the program first

10 funded pursuant to paragraph (2) of Section 14006(a) of the

11 American Recovery and Reinvestment Act of 2009.

12  "School Improvement Grant" means a grant made by the

13 Secretary of the U.S. Department of Education pursuant to

14 Section 1003(g) of the Elementary and Secondary Education Act.

15 (Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11;

16 revised 7-17-24.)

17  (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)

18  Sec. 24A-4. Development of evaluation plan.

19  (a) As used in this and the succeeding Sections, "teacher"

20 means any and all school district employees regularly required

21 to be certified under laws relating to the certification of

22 teachers. Each school district shall develop, in cooperation

23 with its teachers or, where applicable, the exclusive

24 bargaining representatives of its teachers, an evaluation plan

25 for all teachers.
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1   (b) Until July 1, 2025 By no later than the applicable

2 implementation date, each school district shall, in good faith

3 cooperation with its teachers or, where applicable, the

4 exclusive bargaining representatives of its teachers,

5 incorporate the use of data and indicators on student growth

6 as a significant factor in rating teaching performance, into

7 its evaluation plan for all teachers, both those teachers in

8 contractual continued service and those teachers not in

9 contractual continued service. The plan shall at least meet

10 the standards and requirements for student growth and teacher

11 evaluation established under Section 24A-7, and specifically

12 describe how student growth data and indicators will be used

13 as part of the evaluation process, how this information will

14 relate to evaluation standards, the assessments or other

15 indicators of student performance that will be used in

16 measuring student growth and the weight that each will have,

17 the methodology that will be used to measure student growth,

18 and the criteria other than student growth that will be used in

19 evaluating the teacher and the weight that each will have.

20  (b-5) Beginning July 1, 2025, each school district may, in

21 good faith cooperation with its teachers or, where applicable,

22 with the exclusive bargaining representatives of its teachers,

23 incorporate the use of data and indicators on student growth

24 as a factor in rating teaching performance, into its

25 evaluation plan for all teachers in contractual continued

26 service and teachers not in contractual continued service. The
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1 plan shall at least meet the standards and requirements for

2 teacher evaluations established under Section 24A-7.

3   To incorporate the use of data and indicators of student

4 growth as a significant factor in rating teacher performance

5 into the evaluation plan, the district shall use a joint

6 committee composed of equal representation selected by the

7 district and its teachers or, where applicable, the exclusive

8 bargaining representative of its teachers. If, within 180

9 calendar days of the committee's first meeting, the committee

10 does not reach agreement on the plan, then the district shall

11 implement the model evaluation plan established under Section

12 24A-7 with respect to the use of data and indicators on student

13 growth as a significant factor in rating teacher performance.

14  Nothing in this subsection (b) shall make decisions on the

15 use of data and indicators on student growth as a significant

16 factor in rating teaching performance mandatory subjects of

17 bargaining under the Illinois Educational Labor Relations Act

18 that are not currently mandatory subjects of bargaining under

19 the Act.

20  The provisions of the Open Meetings Act shall not apply to

21 meetings of a joint committee formed under this subsection

22 (b).

23  (c) Notwithstanding anything to the contrary in subsection

24 (b) of this Section, if the joint committee referred to in that

25 subsection does not reach agreement on the plan within 90

26 calendar days after the committee's first meeting, a school
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1 district having 500,000 or more inhabitants shall not be

2 required to implement any aspect of the model evaluation plan

3 and may implement its last best proposal.

4   (d) The Beginning the first school year following the

5 effective date of this amendatory Act of the 100th General

6 Assembly, the joint committee referred to in subsections

7 subsection (b) and (c) of this Section shall meet no less than

8 one time annually to assess and review the effectiveness of

9 the district's evaluation plan for the purposes of continuous

10 improvement of instruction and evaluation practices.

11 (Source: P.A. 100-768, eff. 1-1-19.)

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.

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 or 3 school years as provided in

23 this Section.

24  Each school district shall establish a teacher evaluation

25 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) except as otherwise provided in this Section, each

4   teacher in contractual continued service is evaluated at

5   least once in the course of every 2 school years. However,

6   any teacher in contractual continued service whose

7   performance is rated as either "needs improvement" or

8   "unsatisfactory" must be evaluated at least once in the

9   school year following the receipt of such rating.

10  No later than September 1, 2022, each school district must

11 establish a teacher evaluation plan that ensures that each

12 teacher in contractual continued service whose performance is

13 rated as either "excellent" or "proficient" is evaluated at

14 least once in the course of the 3 school years after receipt of

15 the rating and implement an informal teacher observation plan

16 established by agency rule and by agreement of the joint

17 committee established under subsection (b) of Section 24A-4 of

18 this Code that ensures that each teacher in contractual

19 continued service whose performance is rated as either

20 "excellent" or "proficient" is informally observed at least

21 once in the course of the 2 school years after receipt of the

22 rating.

23  For the 2022-2023 school year only, if the Governor has

24 declared a disaster due to a public health emergency pursuant

25 to Section 7 of the Illinois Emergency Management Agency Act,

26 a school district may waive the evaluation requirement of all
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1 teachers in contractual continued service whose performances

2 were rated as either "excellent" or "proficient" during the

3 last school year in which the teachers were evaluated under

4 this Section.

5   Notwithstanding anything to the contrary in this Section

6 or any other Section of this Code, a principal shall not be

7 prohibited from evaluating any teachers within a school during

8 his or her first year as principal of such school. If a

9 first-year principal exercises this option in a school

10 district where the evaluation plan provides for a teacher in

11 contractual continued service to be evaluated once in the

12 course of every 2 or 3 school years, as applicable, then a new

13 2-year or 3-year evaluation plan must be established.

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, and shall include at least the

20 following components:

21  (a) personal observation of the teacher in the

22  classroom by the evaluator, unless the teacher has no

23  classroom duties.

24  (b) consideration of the teacher's attendance,

25  planning, instructional methods, classroom management,

26  where relevant, and competency in the subject matter
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1   taught.

2   (c) (blank). by no later than the applicable

3   implementation date, consideration of student growth as a

4   significant factor in the rating of the teacher's

5   performance.

6   (d) (blank). prior to September 1, 2012, rating of the

7   performance of teachers in contractual continued service

8   as either:

9            (i)     "excellent",  "satisfactory"  or

10  "unsatisfactory"; or

11           (ii)    "excellent",  "proficient",   "needs

12  improvement" or "unsatisfactory".

13  (e) on and after September 1, 2012, rating of the

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

15  "needs improvement" or "unsatisfactory".

16  (f) specification as to the teacher's strengths and

17  weaknesses, with supporting reasons for the comments made.

18  (g) inclusion of a copy of the evaluation in the

19  teacher's personnel file and provision of a copy to the

20  teacher.

21  (h) within 30 school days after the completion of an

22  evaluation rating a teacher in contractual continued

23  service as "needs improvement", development by the

24  evaluator, in consultation with the teacher, and taking

25  into account the teacher's ongoing on-going professional

26  responsibilities including his or her regular teaching
    SB0028 Enrolled          - 23 - LRB104 07498 LNS 17542 b

1   assignments, of a professional development plan directed

2   to the areas that need improvement and any supports that

3   the district will provide to address the areas identified

4   as needing improvement.

5   (i) within 30 school days after completion of an

6   evaluation rating a teacher in contractual continued

7   service as "unsatisfactory", development and commencement

8   by the district of a remediation plan designed to correct

9   deficiencies cited, provided the deficiencies are deemed

10  remediable. In all school districts the remediation plan

11  for unsatisfactory, tenured teachers shall provide for 90

12  school days of remediation within the classroom, unless an

13  applicable collective bargaining agreement provides for a

14  shorter duration. In all school districts evaluations

15  issued pursuant to this Section shall be issued within 10

16  days after the conclusion of the respective remediation

17  plan. However, the school board or other governing

18  authority of the district shall not lose jurisdiction to

19  discharge a teacher in the event the evaluation is not

20  issued within 10 days after the conclusion of the

21  respective remediation plan.

22  (j) participation in the remediation plan by the

23  teacher in contractual continued service rated

24  "unsatisfactory", an evaluator and a consulting teacher

25  selected by the evaluator of the teacher who was rated

26  "unsatisfactory", which consulting teacher is an
    SB0028 Enrolled  - 24 - LRB104 07498 LNS 17542 b

1   educational employee as defined in the Illinois

2   Educational Labor Relations Act, has at least 5 years'

3   teaching experience, and a reasonable familiarity with the

4   assignment of the teacher being evaluated, and who

5   received an "excellent" rating on his or her most recent

6   evaluation. Where no teachers who meet these criteria are

7   available within the district, the district shall request

8   and the applicable regional office of education shall

9   supply, to participate in the remediation process, an

10  individual who meets these criteria.

11  In a district having a population of less than 500,000

12  with an exclusive bargaining agent, the bargaining agent

13  may, if it so chooses, supply a roster of qualified

14  teachers from whom the consulting teacher is to be

15  selected. That roster shall, however, contain the names of

16  at least 5 teachers, each of whom meets the criteria for

17  consulting teacher with regard to the teacher being

18  evaluated, or the names of all teachers so qualified if

19  that number is less than 5. In the event of a dispute as to

20  qualification, the State Board shall determine

21  qualification.

22  (k) a mid-point and final evaluation by an evaluator

23  during and at the end of the remediation period,

24  immediately following receipt of a remediation plan

25  provided for under subsections (i) and (j) of this

26  Section. Each evaluation shall assess the teacher's
    SB0028 Enrolled  - 25 - LRB104 07498 LNS 17542 b

1   performance during the time period since the prior

2   evaluation; provided that the last evaluation shall also

3   include an overall evaluation of the teacher's performance

4   during the remediation period. A written copy of the

5   evaluations and ratings, in which any deficiencies in

6   performance and recommendations for correction are

7   identified, shall be provided to and discussed with the

8   teacher within 10 school days after the date of the

9   evaluation, unless an applicable collective bargaining

10  agreement provides to the contrary. These subsequent

11  evaluations shall be conducted by an evaluator. The

12  consulting teacher shall provide advice to the teacher

13  rated "unsatisfactory" on how to improve teaching skills

14  and to successfully complete the remediation plan. The

15  consulting teacher shall participate in developing the

16  remediation plan, but the final decision as to the

17  evaluation shall be done solely by the evaluator, unless

18  an applicable collective bargaining agreement provides to

19  the contrary. Evaluations at the conclusion of the

20  remediation process shall be separate and distinct from

21  the required annual evaluations of teachers and shall not

22  be subject to the guidelines and procedures relating to

23  those annual evaluations. The evaluator may but is not

24  required to use the forms provided for the annual

25  evaluation of teachers in the district's evaluation plan.

26  (l) reinstatement to the evaluation schedule set forth
    SB0028 Enrolled    - 26 - LRB104 07498 LNS 17542 b

1   in the district's evaluation plan for any teacher in

2   contractual continued service who achieves a rating equal

3   to or better than "satisfactory" or "proficient" in the

4   school year following a rating of "needs improvement" or

5   "unsatisfactory".

6   (m) dismissal in accordance with subsection (d) of

7   Section 24-12 or Section 24-16.5 or 34-85 of this Code of

8   any teacher who fails to complete any applicable

9   remediation plan with a rating equal to or better than a

10  "satisfactory" or "proficient" rating. Districts and

11  teachers subject to dismissal hearings are precluded from

12  compelling the testimony of consulting teachers at such

13  hearings under subsection (d) of Section 24-12 or Section

14  24-16.5 or 34-85 of this Code, either as to the rating

15  process or for opinions of performances by teachers under

16  remediation.

17  (n) If After the implementation date of an evaluation

18  system for teachers in a district as specified in Section

19  24A-2.5 of this Code, if a teacher in contractual

20  continued service successfully completes a remediation

21  plan following a rating of "unsatisfactory" in an overall

22  performance evaluation received after the foregoing

23  implementation date and receives a subsequent rating of

24  "unsatisfactory" in any of the teacher's overall

25  performance evaluation ratings received during the

26  36-month period following the teacher's completion of the
    SB0028 Enrolled  - 27 - LRB104 07498 LNS 17542 b

1   remediation plan, then the school district may forgo

2   remediation and seek dismissal in accordance with

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

4   Code.

5   (o) Teachers who are due to be evaluated in the last

6   year before they are set to retire shall be offered the

7   opportunity to waive their evaluation and to retain their

8   most recent rating, unless the teacher was last rated as

9   "needs improvement" or "unsatisfactory". The school

10  district may still reserve the right to evaluate a teacher

11  provided the district gives notice to the teacher at least

12  14 days before the evaluation and a reason for evaluating

13  the teacher.

14  Nothing in this Section or Section 24A-4 shall be

15 construed as preventing immediate dismissal of a teacher for

16 deficiencies which are deemed irremediable or for actions

17 which are injurious to or endanger the health or person of

18 students in the classroom or school, or preventing the

19 dismissal or non-renewal of teachers not in contractual

20 continued service for any reason not prohibited by applicable

21 employment, labor, and civil rights laws. Failure to strictly

22 comply with the time requirements contained in Section 24A-5

23 shall not invalidate the results of the remediation plan.

24  Nothing contained in Public Act 98-648 repeals,

25 supersedes, invalidates, or nullifies final decisions in

26 lawsuits pending on July 1, 2014 (the effective date of Public
    SB0028 Enrolled     - 28 - LRB104 07498 LNS 17542 b

1 Act 98-648) in Illinois courts involving the interpretation of

2 Public Act 97-8.

3   If the Governor has declared a disaster due to a public

4 health emergency pursuant to Section 7 of the Illinois

5 Emergency Management Agency Act that suspends in-person

6 instruction, the timelines in this Section connected to the

7 commencement and completion of any remediation plan are

8 waived. Except if the parties mutually agree otherwise and the

9 agreement is in writing, any remediation plan that had been in

10 place for more than 45 days prior to the suspension of

11 in-person instruction shall resume when in-person instruction

12 resumes and any remediation plan that had been in place for

13 fewer than 45 days prior to the suspension of in-person

14 instruction shall be discontinued and a new remediation period

15 shall begin when in-person instruction resumes. The

16 requirements of this paragraph apply regardless of whether

17 they are included in a school district's teacher evaluation

18 plan.

19 (Source: P.A. 102-252, eff. 1-1-22; 102-729, eff. 5-6-22;

20 103-85, eff. 6-9-23; 103-605, eff. 7-1-24; revised 8-8-24.)

21  (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)

22  Sec. 24A-7. Rules.

23  (a) The State Board of Education is authorized to adopt

24 such rules as are deemed necessary to implement and accomplish

25 the purposes and provisions of this Article, including, but
    SB0028 Enrolled          - 29 - LRB104 07498 LNS 17542 b

1 not limited to, rules:

2   (1) relating to the methods for measuring student

3   growth (including, but not limited to, limitations on the

4   age of usable data; the amount of data needed to reliably

5   and validly measure growth for the purpose of teacher and

6   principal evaluations; and whether and at what time annual

7   State assessments may be used as one of multiple measures

8   of student growth);

9   (2) (blank); defining the term "significant factor"

10  for purposes of including consideration of student growth

11  in performance ratings;

12  (3) controlling for such factors as student

13  characteristics (including, but not limited to, students

14  receiving special education and English Learner services),

15  student attendance, and student mobility so as to best

16  measure the impact that a teacher, principal, school and

17  school district has on students' academic achievement;

18  (4) establishing minimum requirements for district

19  teacher and principal evaluation instruments and

20  procedures; and

21  (5) (blank). establishing a model evaluation plan for

22  use by school districts in which student growth shall

23  comprise 50% of the performance rating.

24  A Notwithstanding any other provision in this Section,

25 such rules shall not preclude a school district may use having

26 500,000 or more inhabitants from using an annual State
    SB0028 Enrolled             - 30 - LRB104 07498 LNS 17542 b

1 assessment as a the sole measure of student growth for

2 purposes of teacher or principal evaluations.

3   (b) (Blank). The State Superintendent of Education shall

4 convene a Performance Evaluation Advisory Council, which shall

5 be staffed by the State Board of Education. Members of the

6 Council shall be selected by the State Superintendent and

7 include, without limitation, representatives of teacher unions

8 and school district management, persons with expertise in

9 performance evaluation processes and systems, as well as other

10 stakeholders. The Council shall meet at least quarterly and

11 may also meet at the call of the chairperson of the Council,

12 following August 18, 2017 (the effective date of Public Act

13 100-211) until December 31, 2024. The Council shall advise the

14 State Board of Education on the ongoing implementation of

15 performance evaluations in this State, which may include

16 gathering public feedback, sharing best practices, consulting

17 with the State Board on any proposed rule changes regarding

18 evaluations, and other subjects as determined by the

19 chairperson of the Council.

20  (c) On July 1, 2024, the State Superintendent of Education

21 shall convene a Performance Evaluation Advisory Committee for

22 the purpose of maintaining and improving the evaluator

23 training and pre-qualification program in this State under

24 Section 24A-3. The Committee shall be staffed by the State

25 Board of Education. Members of the Committee shall include,

26 without limitation, representatives from providers of the
    SB0028 Enrolled  - 31 - LRB104 07498 LNS 17542 b

1 evaluator retraining and pre-qualification program in this

2 State, which include teacher unions, school district

3 management, including a school district organized under

4 Article 34, and a statewide organization representing regional

5 offices of education. Members of the Committee shall be

6 nominated by the providers and appointed by the State

7 Superintendent.

8   The Committee shall meet initially at the call of the

9 State Superintendent and shall select one member as

10 chairperson at its initial meeting. The Committee shall meet

11 at least quarterly and may also meet at the call of the

12 chairperson of the Committee.

13  The Committee shall advise the State Board of Education on

14 the continued implementation of the evaluator training and

15 pre-qualification program in this State, which may include the

16 development and delivery of the program's existing and new

17 administrators' academies, gathering feedback from program

18 instructors and participants, sharing best practices,

19 consulting with the State Board on any proposed rule changes

20 regarding evaluator training, and other subjects as determined

21 by the chairperson of the Committee.

22  (d) Prior to the applicable implementation date, the rules

23 shall not apply to teachers assigned to schools identified in

24 an agreement entered into between the board of a school

25 district operating under Article 34 of this Code and the

26 exclusive representative of the district's teachers in
    SB0028 Enrolled          - 32 - LRB104 07498 LNS 17542 b

1 accordance with Section 34-85c of this Code.
2 (Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21;
3 103-617, eff. 7-1-24.)

4   (105 ILCS 5/24A-15)

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

6 and assistant principals.

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

8 organized under Article 34 of this Code, shall establish a

9 principal and assistant principal evaluation plan in

10 accordance with this Section. The plan must ensure that each

11 principal and assistant principal is evaluated as follows:

12  (1) For a principal or assistant principal on a

13  single-year contract, the evaluation must take place by

14  March 1 of each year.

15  (2) For a principal or assistant principal on a

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

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

18  of the contract.

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

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

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

22  improvement" or "unsatisfactory"; and

23  (ii) ensure that each principal and assistant

24  principal is evaluated at least once every school year.

25  Nothing in this Section prohibits a school district from
    SB0028 Enrolled  - 33 - LRB104 07498 LNS 17542 b

1 conducting additional evaluations of principals and assistant

2 principals.

3   For the 2022-2023 school year only, if the Governor has

4 declared a disaster due to a public health emergency pursuant

5 to Section 7 of the Illinois Emergency Management Agency Act,

6 a school district may waive the evaluation requirement of all

7 principals or assistant principals whose performances were

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

9 school year in which the principals or assistant principals

10 were evaluated under this Section.

11  (b) The evaluation shall include a description of the

12 principal's or assistant principal's duties and

13 responsibilities and the standards to which the principal or

14 assistant principal is expected to conform.

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

16 the district superintendent, the superintendent's designee,

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

18 designee, an individual appointed by the school board who

19 holds a registered and active Professional Educator License

20 with a principal endorsement or general administrative

21 endorsement Type 75 State administrative certificate.

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

23 writing and must at least do all of the following:

24  (1) Consider the principal's specific duties,

25  responsibilities, management, and competence as a

26  principal.
    SB0028 Enrolled           - 34 - LRB104 07498 LNS 17542 b

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

2   with supporting reasons.

3   (3) Align with the Illinois Professional Standards for

4   School Leaders or research-based standards established by

5   administrative rule.

6   Until July 1, 2025 On and after September 1, 2012, the

7 evaluation must, in addition to the requirements in items (1),

8 (2), and (3) of this subsection (c), provide for the use of

9 data and indicators on student growth as a significant factor

10 in rating performance.

11  Beginning July 1, 2025, the evaluation must include the

12 requirements in paragraphs (1), (2), and (3) of this

13 subsection (c). The evaluation may provide for the use of data

14 and indicators on student growth as a factor in rating

15 performance.

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

17 performed by the principal, the district superintendent, the

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

19 superintendent or his or her designee, an individual appointed

20 by the school board who holds a registered and active

21 Professional Educator License with a principal endorsement or

22 general administrative endorsement Type 75 State

23 administrative certificate. The evaluation must be in writing

24 and must at least do all of the following:

25  (1) Consider the assistant principal's specific

26  duties, responsibilities, management, and competence as an
    SB0028 Enrolled        - 35 - LRB104 07498 LNS 17542 b

1   assistant principal.

2   (2) Specify the assistant principal's strengths and

3   weaknesses with supporting reasons.

4   (3) Align with the Illinois Professional Standards for

5   School Leaders or research-based district standards

6   established by administrative rule.

7   Until July 1, 2025 On and after September 1, 2012, the

8 evaluation must, in addition to the requirements in items (1),

9 (2), and (3) of this subsection (c-5), provide for the use of

10 data and indicators on student growth as a significant factor

11 in rating performance.

12  Beginning July 1, 2025, the evaluation must include the

13 requirements in paragraphs (1), (2), and (3) of this

14 subsection (c-5). The evaluation may provide for the use of

15 data and indicators on student growth as a factor in rating

16 performance.

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

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

19 copy of the evaluation must be provided to the principal or

20 assistant principal.

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

22 assistant principal and to provide the principal or assistant

23 principal with a copy of the evaluation at least once during

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

25 in accordance with this Section, is evidence that the

26 principal or assistant principal is performing duties and
    SB0028 Enrolled      - 36 - LRB104 07498 LNS 17542 b

1 responsibilities in at least a satisfactory manner and shall

2 serve to automatically extend the principal's or assistant

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

4 contract would otherwise expire, under the same terms and

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

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

7 reclassify a principal or assistant principal pursuant to

8 Section 10-23.8b of this Code.

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

10 ordering lateral transfers of principals or assistant

11 principals to positions of similar rank and salary.

12 (Source: P.A. 102-729, eff. 5-6-22.)

13  (105 ILCS 5/24A-20)

14  Sec. 24A-20. State Board of Education data collection and

15 evaluation assessment and support systems.

16  (a) The On or before the date established in subsection

17 (b) of this Section, the State Board of Education shall,

18 through a process involving collaboration with the Performance

19 Evaluation Advisory Committee Council, develop or contract for

20 the development of and implement all of the following data

21 collection and evaluation assessment and support systems:

22  (1) A system to annually collect and publish data by

23  district and school on teacher and administrator

24  performance evaluation outcomes. The system must ensure

25  that no teacher or administrator can be personally
    SB0028 Enrolled      - 37 - LRB104 07498 LNS 17542 b

1   identified by publicly reported data.

2   (2) Both a teacher and principal model evaluation

3   template. The model templates must incorporate the

4   requirements of this Article and any other requirements

5   established by the State Board by administrative rule, but

6   allow customization by districts in a manner that does not

7   conflict with such requirements.

8   (3) An evaluator pre-qualification program based on

9   the model teacher evaluation template.

10  (4) An evaluator training program based on the model

11  teacher evaluation template. The training program shall

12  provide multiple training options that account for the

13  prior training and experience of the evaluator.

14  (5) A superintendent training program based on the

15  model principal evaluation template.

16  (6) One or more instruments to provide feedback to

17  principals on the instructional environment within a

18  school.

19  (7) A State Board-provided or approved technical

20  assistance system that supports districts with the

21  development and implementation of teacher and principal

22  evaluation systems.

23  (8) Web-based systems and tools supporting

24  implementation of the model templates and the evaluator

25  pre-qualification and training programs.

26  (9) A process for measuring and reporting correlations
    SB0028 Enrolled  - 38 - LRB104 07498 LNS 17542 b

1   between local principal and teacher evaluations and the

2   (A) student growth in tested grades and subjects and (B)

3   retention rates of teachers.

4   (10) (Blank). A process for assessing whether school

5   district evaluation systems developed pursuant to this Act

6   and that consider student growth as a significant factor

7   in the rating of a teacher's and principal's performance

8   are valid and reliable, contribute to the development of

9   staff, and improve student achievement outcomes. By no

10  later than September 1, 2014, a research-based study shall

11  be issued assessing such systems for validity and

12  reliability, contribution to the development of staff, and

13  improvement of student performance and recommending, based

14  on the results of this study, changes, if any, that need to

15  be incorporated into teacher and principal evaluation

16  systems that consider student growth as a significant

17  factor in the rating performance for remaining school

18  districts to be required to implement such systems.

19  (b) (Blank). If the State of Illinois receives a Race to

20 the Top Grant, the data collection and support systems

21 described in subsection (a) must be developed on or before

22 September 30, 2011. If the State of Illinois does not receive a

23 Race to the Top Grant, the data collection and support systems

24 described in subsection (a) must be developed on or before

25 September 30, 2012; provided, however, that the data

26 collection and support systems set forth in items (3) and (4)
    SB0028 Enrolled  - 39 - LRB104 07498 LNS 17542 b

1 of subsection (a) of this Section must be developed by

2 September 30, 2011 regardless of whether the State of Illinois

3 receives a Race to the Top Grant. By no later than September 1,

4 2011, if the State of Illinois receives a Race to the Top

5 Grant, or September 1, 2012, if the State of Illinois does not

6 receive a Race to the Top Grant, the State Board of Education

7 must execute or contract for the execution of the assessment

8 referenced in item (10) of subsection (a) of this Section to

9 determine whether the school district evaluation systems

10 developed pursuant to this Act have been valid and reliable,

11 contributed to the development of staff, and improved student

12 performance.

13  (c) Districts shall submit data and information to the

14 State Board on teacher and principal performance evaluations

15 and evaluation plans in accordance with procedures and

16 requirements for submissions established by the State Board.

17 Such data shall include, without limitation, (i) data on the

18 performance rating given to all teachers in contractual

19 continued service, (ii) data on district recommendations to

20 renew or not renew teachers not in contractual continued

21 service, and (iii) data on the performance rating given to all

22 principals.

23  (d) If the State Board of Education does not timely

24 fulfill any of the requirements set forth in Sections 24A-7

25 and 24A-20, and adequate and sustainable federal, State, or

26 other funds are not provided to the State Board of Education
    SB0028 Enrolled  - 40 - LRB104 07498 LNS 17542 b

1 and school districts to meet their responsibilities under this

2 Article, the applicable implementation date shall be postponed

3 by the number of calendar days equal to those needed by the

4 State Board of Education to fulfill such requirements and for

5 the adequate and sustainable funds to be provided to the State

6 Board of Education and school districts. The determination as

7 to whether the State Board of Education has fulfilled any or

8 all requirements set forth in Sections 24A-7 and 24A-20 and

9 whether adequate and sustainable funds have been provided to

10 the State Board of Education and school districts shall be

11 made by the State Board of Education in consultation with the

12 P-20 Council.

13  (e) The State Board of Education shall annually report

14 teacher evaluation data from each school in the State. The

15 State Board's report shall include:

16  (1) data from the most recent performance evaluation

17  ratings issued prior to the effective date of this

18  amendatory Act of the 103rd General Assembly for all

19  nontenured teachers and teachers in contractual continued

20  service disaggregated broken down by the race and

21  ethnicity of teachers; and

22  (2) data from the most recent performance evaluation

23  ratings issued prior to the effective date of this

24  amendatory Act of the 103rd General Assembly for all

25  nontenured teachers and teachers in contractual continued

26  service disaggregated broken down by the race, ethnicity,
    SB0028 Enrolled  - 41 - LRB104 07498 LNS 17542 b

1   and eligibility status for free or reduced-price lunch of

2   students in the school where the teachers work.

3   The report shall contain data in an aggregate format. The

4 report with the aggregate data is not confidential pursuant to

5 Section 24A-7.1 of this Code unless an individual teacher is

6 personally identifiable in the report. With respect to the

7 report, the underlying data and any personally identifying

8 information of a teacher shall be confidential. The State

9 Board shall provide the data in the report in a format that

10 prevents identification of individual teachers.

11 (Source: P.A. 103-452, eff. 1-1-24.)

12  (105 ILCS 5/34-8) (from Ch. 122, par. 34-8)

13  Sec. 34-8. Powers and duties of general superintendent.

14 The general superintendent of schools shall prescribe and

15 control, subject to the approval of the board and to other

16 provisions of this Article, the courses of study mandated by

17 State law, textbooks, educational apparatus and equipment,

18 discipline in and conduct of the schools, and shall perform

19 such other duties as the board may by rule prescribe. The

20 superintendent shall also notify the State Board of Education,

21 the board and the chief administrative official, other than

22 the alleged perpetrator himself, in the school where the

23 alleged perpetrator serves, that any person who is employed in

24 a school or otherwise comes into frequent contact with

25 children in the school has been named as a perpetrator in an
    SB0028 Enrolled   - 42 - LRB104 07498 LNS 17542 b

1 indicated report filed pursuant to the Abused and Neglected

2 Child Reporting Act, approved June 26, 1975, as amended.

3   The general superintendent may be granted the authority by

4 the board to hire a specific number of employees to assist in

5 meeting immediate responsibilities. Conditions of employment

6 for such personnel shall not be subject to the provisions of

7 Section 34-85.

8   The general superintendent may, pursuant to a delegation

9 of authority by the board and Section 34-18, approve contracts

10 and expenditures.

11  Pursuant to other provisions of this Article, sites shall

12 be selected, schoolhouses located thereon and plans therefor

13 approved, and textbooks and educational apparatus and

14 equipment shall be adopted and purchased by the board only

15 upon the recommendation of the general superintendent of

16 schools or by a majority vote of the full membership of the

17 board and, in the case of textbooks, subject to Article 28 of

18 this Act. The board may furnish free textbooks to pupils and

19 may publish its own textbooks and manufacture its own

20 apparatus, equipment and supplies.

21  In addition, in January of each year, the general

22 superintendent of schools shall report to the State Board of

23 Education the number of high school students in the district

24 who are enrolled in accredited courses (for which high school

25 credit will be awarded upon successful completion of the

26 courses) at any community college, together with the name and
    SB0028 Enrolled  - 43 - LRB104 07498 LNS 17542 b

1 number of the course or courses which each such student is

2 taking.

3   The general superintendent shall also have the authority

4 to monitor the performance of attendance centers, to identify

5 and place an attendance center on remediation and probation,

6 and to recommend to the board that the attendance center be

7 placed on intervention and be reconstituted, subject to the

8 provisions of Sections 34-8.3 and 8.4.

9   The general superintendent, or his or her designee, shall

10 conduct an annual evaluation of each principal in the district

11 pursuant to guidelines promulgated by the Board and the Board

12 approved principal evaluation form. The evaluation shall be

13 based on factors, including the following: (i) student

14 academic improvement, as defined by the school improvement

15 plan; (ii) student absenteeism rates at the school; (iii)

16 instructional leadership; (iv) effective implementation of

17 programs, policies, or strategies to improve student academic

18 achievement; (v) school management; and (vi) other factors,

19 including, without limitation, the principal's communication

20 skills and ability to create and maintain a student-centered

21 learning environment, to develop opportunities for

22 professional development, and to encourage parental

23 involvement and community partnerships to achieve school

24 improvement.

25  The Effective no later than September 1, 2012, the general

26 superintendent or his or her designee shall develop a written
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1 principal evaluation plan. The evaluation plan must be in

2 writing and shall supersede the evaluation requirements set

3 forth in this Section. The evaluation plan must do at least all

4 of the following:

5   (1) Provide for annual evaluation of all principals

6   employed under a performance contract by the general

7   superintendent or his or her designee, no later than July

8   1st of each year.

9   (2) Consider the principal's specific duties,

10  responsibilities, management, and competence as a

11  principal.

12  (3) Specify the principal's strengths and weaknesses,

13  with supporting reasons.

14  (4) Align with research-based standards.

15  (5) Until July 1, 2025, use Use data and indicators on

16  student growth as a significant factor in rating principal

17  performance.

18  Beginning July 1, 2025, the evaluation plan may provide

19 for the use of data and indicators on student growth as a

20 factor in rating performance.

21 (Source: P.A. 95-496, eff. 8-28-07; 96-861, eff. 1-15-10.)

22  (105 ILCS 5/34-85c)

23  Sec. 34-85c. Alternative procedures for teacher

24 evaluation, remediation, and removal for cause after

25 remediation.
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1   (a) Notwithstanding any law to the contrary, the board and

2 the exclusive representative of the district's teachers are

3 hereby authorized to enter into an agreement to establish

4 alternative procedures for teacher evaluation, remediation,

5 and removal for cause after remediation, including an

6 alternative system for peer evaluation and recommendations;

7 provided, however, that no later than September 1, 2012: (i)

8 any alternative procedures must include provisions whereby

9 student performance data is a significant factor in teacher

10 evaluation and (ii) teachers are rated as "excellent",

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

12 Pursuant exclusively to that agreement, teachers assigned to

13 schools identified in that agreement shall be subject to an

14 alternative performance evaluation plan and remediation

15 procedures in lieu of the plan and procedures set forth in

16 Article 24A of this Code and alternative removal for cause

17 standards and procedures in lieu of the removal standards and

18 procedures set forth in Section 34-85 of this Code. To the

19 extent that the agreement provides a teacher with an

20 opportunity for a hearing on removal for cause before an

21 independent hearing officer in accordance with Section 34-85

22 or otherwise, the hearing officer shall be governed by the

23 alternative performance evaluation plan, remediation

24 procedures, and removal standards and procedures set forth in

25 the agreement in making findings of fact and a recommendation.

26  (a-5) If the Governor has declared a disaster due to a
    SB0028 Enrolled  - 46 - LRB104 07498 LNS 17542 b

1 public health emergency pursuant to Section 7 of the Illinois

2 Emergency Management Agency Act that suspends in-person

3 instruction, the timelines connected to the commencement and

4 completion of any remediation plan are paused. Except where

5 the parties mutually agree otherwise and such agreement is in

6 writing, any remediation plan that had been in place for 45 or

7 more days prior to the suspension of in-person instruction

8 shall resume when in-person instruction resumes; any

9 remediation plan that had been in place for fewer than 45 days

10 prior to the suspension of in-person instruction shall

11 discontinue and a new remediation period will begin when

12 in-person instruction resumes.

13  (a-10) No later than September 1, 2022, the school

14 district must establish a teacher evaluation plan that ensures

15 that each teacher in contractual continued service whose

16 performance is rated as either "excellent" or "proficient" is

17 evaluated at least once in the course of the 3 school years

18 after receipt of the rating and establish an informal teacher

19 observation plan that ensures that each teacher in contractual

20 continued service whose performance is rated as either

21 "excellent" or "proficient" is informally observed at least

22 once in the course of the 2 school years after receipt of the

23 rating.

24  (a-15) (Blank). For the 2022-2023 school year only, if the

25 Governor has declared a disaster due to a public health

26 emergency pursuant to Section 7 of the Illinois Emergency
    SB0028 Enrolled        - 47 - LRB104 07498 LNS 17542 b

1 Management Agency Act, the school district may waive the

2 evaluation requirement of any teacher in contractual continued

3 service whose performance was rated as either "excellent" or

4 "proficient" during the last school year in which the teacher

5 was evaluated under this Section.

6   (b) The board and the exclusive representative of the

7 district's teachers shall submit a certified copy of an

8 agreement as provided under subsection (a) of this Section to

9 the State Board of Education.

10 (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22;

11 102-729, eff. 5-6-22.)

12  Section 99. Effective date. This Act takes effect July 1,

13 2025.
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1                      INDEX

2  Statutes amended in order of appearance

 3 105 ILCS 5/24-16.5  from Ch. 122, par. 24A-4
 4 105 ILCS 5/24A-2.5  from Ch. 122, par. 24A-5
 5 105 ILCS 5/24A-4    from Ch. 122, par. 24A-7
 6 105 ILCS 5/24A-5
 7 105 ILCS 5/24A-7    from Ch. 122, par. 34-8
 8 105 ILCS 5/24A-15
 9 105 ILCS 5/24A-20
10 105 ILCS 5/34-8
11 105 ILCS 5/34-85c
Every fact on this page links to its source, starting with the official bill record.