100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3000

 

Introduced 2/15/2018, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code and the Illinois Educational Labor Relations Act. Provides that, on and after September 1, 2019, all teacher evaluation ratings on record as "excellent", "proficient", or "needs improvement" are considered "effective", and all teacher evaluation ratings on record as "unsatisfactory" are considered "ineffective" for the purposes of the Employment of Teachers Article. Makes other changes concerning the waiver or modification of mandates; school report cards; license suspension or revocation; contractual continued service; removal or dismissal of teachers; an optional alternative evaluative dismissal process; evaluation plans; a local appeal process for ineffective ratings; rules; the appointment and promotion of teachers in Chicago; alternative procedures for teacher evaluation, remediation, and removal in Chicago; and the Open Meetings Act.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3000LRB100 18694 AXK 33926 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25g, 10-17a, 21B-75, 24-11, 24-12, 24-16.5, 24A-4, 24A-5,
624A-7, 34-84, and 34-85c and by adding Sections 24-9.5 and
724A-5.5 as follows:
 
8    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
9    Sec. 2-3.25g. Waiver or modification of mandates within the
10School Code and administrative rules and regulations.
11    (a) In this Section:
12        "Board" means a school board or the governing board or
13    administrative district, as the case may be, for a joint
14    agreement.
15        "Eligible applicant" means a school district, joint
16    agreement made up of school districts, or regional
17    superintendent of schools on behalf of schools and programs
18    operated by the regional office of education.
19        "Implementation date" has the meaning set forth in
20    Section 24A-2.5 of this Code.
21        "State Board" means the State Board of Education.
22    (b) Notwithstanding any other provisions of this School
23Code or any other law of this State to the contrary, eligible

 

 

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1applicants may petition the State Board of Education for the
2waiver or modification of the mandates of this School Code or
3of the administrative rules and regulations promulgated by the
4State Board of Education. Waivers or modifications of
5administrative rules and regulations and modifications of
6mandates of this School Code may be requested when an eligible
7applicant demonstrates that it can address the intent of the
8rule or mandate in a more effective, efficient, or economical
9manner or when necessary to stimulate innovation or improve
10student performance. Waivers of mandates of the School Code may
11be requested when the waivers are necessary to stimulate
12innovation or improve student performance or when the applicant
13demonstrates that it can address the intent of the mandate of
14the School Code in a more effective, efficient, or economical
15manner. Waivers may not be requested from laws, rules, and
16regulations pertaining to special education, teacher educator
17licensure, teacher tenure and seniority, or Section 5-2.1 of
18this Code or from compliance with the Every Student Succeeds
19Act (Public Law 114-95). Eligible applicants may not seek a
20waiver or seek a modification of a mandate regarding the
21requirements for (i) student performance data to be a
22significant factor in teacher or principal evaluations or (ii)
23teachers and principals to be rated using the 4 categories of
24"excellent", "proficient", "needs improvement", or
25"unsatisfactory" or, on and after September 1, 2019, teachers
26to be rated using the 2 categories of "effective" and

 

 

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1"ineffective". On September 1, 2014, any previously authorized
2waiver or modification from such requirements shall terminate.
3    (c) Eligible applicants, as a matter of inherent managerial
4policy, and any Independent Authority established under
5Section 2-3.25f-5 of this Code may submit an application for a
6waiver or modification authorized under this Section. Each
7application must include a written request by the eligible
8applicant or Independent Authority and must demonstrate that
9the intent of the mandate can be addressed in a more effective,
10efficient, or economical manner or be based upon a specific
11plan for improved student performance and school improvement.
12Any eligible applicant requesting a waiver or modification for
13the reason that intent of the mandate can be addressed in a
14more economical manner shall include in the application a
15fiscal analysis showing current expenditures on the mandate and
16projected savings resulting from the waiver or modification.
17Applications and plans developed by eligible applicants must be
18approved by the board or regional superintendent of schools
19applying on behalf of schools or programs operated by the
20regional office of education following a public hearing on the
21application and plan and the opportunity for the board or
22regional superintendent to hear testimony from staff directly
23involved in its implementation, parents, and students. The time
24period for such testimony shall be separate from the time
25period established by the eligible applicant for public comment
26on other matters.

 

 

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1    (c-5) If the applicant is a school district, then the
2district shall post information that sets forth the time, date,
3place, and general subject matter of the public hearing on its
4Internet website at least 14 days prior to the hearing. If the
5district is requesting to increase the fee charged for driver
6education authorized pursuant to Section 27-24.2 of this Code,
7the website information shall include the proposed amount of
8the fee the district will request. All school districts must
9publish a notice of the public hearing at least 7 days prior to
10the hearing in a newspaper of general circulation within the
11school district that sets forth the time, date, place, and
12general subject matter of the hearing. Districts requesting to
13increase the fee charged for driver education shall include in
14the published notice the proposed amount of the fee the
15district will request. If the applicant is a joint agreement or
16regional superintendent, then the joint agreement or regional
17superintendent shall post information that sets forth the time,
18date, place, and general subject matter of the public hearing
19on its Internet website at least 14 days prior to the hearing.
20If the joint agreement or regional superintendent is requesting
21to increase the fee charged for driver education authorized
22pursuant to Section 27-24.2 of this Code, the website
23information shall include the proposed amount of the fee the
24applicant will request. All joint agreements and regional
25superintendents must publish a notice of the public hearing at
26least 7 days prior to the hearing in a newspaper of general

 

 

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1circulation in each school district that is a member of the
2joint agreement or that is served by the educational service
3region that sets forth the time, date, place, and general
4subject matter of the hearing, provided that a notice appearing
5in a newspaper generally circulated in more than one school
6district shall be deemed to fulfill this requirement with
7respect to all of the affected districts. Joint agreements or
8regional superintendents requesting to increase the fee
9charged for driver education shall include in the published
10notice the proposed amount of the fee the applicant will
11request. The eligible applicant must notify in writing the
12affected exclusive collective bargaining agent and those State
13legislators representing the eligible applicant's territory of
14its intent to seek approval of a waiver or modification and of
15the hearing to be held to take testimony from staff. The
16affected exclusive collective bargaining agents shall be
17notified of such public hearing at least 7 days prior to the
18date of the hearing and shall be allowed to attend such public
19hearing. The eligible applicant shall attest to compliance with
20all of the notification and procedural requirements set forth
21in this Section.
22    (d) A request for a waiver or modification of
23administrative rules and regulations or for a modification of
24mandates contained in this School Code shall be submitted to
25the State Board of Education within 15 days after approval by
26the board or regional superintendent of schools. The

 

 

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1application as submitted to the State Board of Education shall
2include a description of the public hearing. Following receipt
3of the waiver or modification request, the State Board shall
4have 45 days to review the application and request. If the
5State Board fails to disapprove the application within that 45
6day period, the waiver or modification shall be deemed granted.
7The State Board may disapprove any request if it is not based
8upon sound educational practices, endangers the health or
9safety of students or staff, compromises equal opportunities
10for learning, or fails to demonstrate that the intent of the
11rule or mandate can be addressed in a more effective,
12efficient, or economical manner or have improved student
13performance as a primary goal. Any request disapproved by the
14State Board may be appealed to the General Assembly by the
15eligible applicant as outlined in this Section.
16    A request for a waiver from mandates contained in this
17School Code shall be submitted to the State Board within 15
18days after approval by the board or regional superintendent of
19schools. The application as submitted to the State Board of
20Education shall include a description of the public hearing.
21The description shall include, but need not be limited to, the
22means of notice, the number of people in attendance, the number
23of people who spoke as proponents or opponents of the waiver, a
24brief description of their comments, and whether there were any
25written statements submitted. The State Board shall review the
26applications and requests for completeness and shall compile

 

 

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1the requests in reports to be filed with the General Assembly.
2The State Board shall file reports outlining the waivers
3requested by eligible applicants and appeals by eligible
4applicants of requests disapproved by the State Board with the
5Senate and the House of Representatives before each March 1 and
6October 1.
7    The report shall be reviewed by a panel of 4 members
8consisting of:
9        (1) the Speaker of the House of Representatives;
10        (2) the Minority Leader of the House of
11    Representatives;
12        (3) the President of the Senate; and
13        (4) the Minority Leader of the Senate.
14The State Board of Education may provide the panel
15recommendations on waiver requests. The members of the panel
16shall review the report submitted by the State Board of
17Education and submit to the State Board of Education any notice
18of further consideration to any waiver request within 14 days
19after the member receives the report. If 3 or more of the panel
20members submit a notice of further consideration to any waiver
21request contained within the report, the State Board of
22Education shall submit the waiver request to the General
23Assembly for consideration. If less than 3 panel members submit
24a notice of further consideration to a waiver request, the
25waiver may be approved, denied, or modified by the State Board.
26If the State Board does not act on a waiver request within 10

 

 

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1days, then the waiver request is approved. If the waiver
2request is denied by the State Board, it shall submit the
3waiver request to the General Assembly for consideration.
4    The General Assembly may disapprove any waiver request
5submitted to the General Assembly pursuant to this subsection
6(d) in whole or in part within 60 calendar days after each
7house of the General Assembly next convenes after the waiver
8request is submitted by adoption of a resolution by a record
9vote of the majority of members elected in each house. If the
10General Assembly fails to disapprove any waiver request or
11appealed request within such 60 day period, the waiver or
12modification shall be deemed granted. Any resolution adopted by
13the General Assembly disapproving a report of the State Board
14in whole or in part shall be binding on the State Board.
15    (e) An approved waiver or modification may remain in effect
16for a period not to exceed 5 school years and may be renewed
17upon application by the eligible applicant. However, such
18waiver or modification may be changed within that 5-year period
19by a board or regional superintendent of schools applying on
20behalf of schools or programs operated by the regional office
21of education following the procedure as set forth in this
22Section for the initial waiver or modification request. If
23neither the State Board of Education nor the General Assembly
24disapproves, the change is deemed granted.
25    (f) (Blank).
26(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17.)
 

 

 

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1    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
2    (Text of Section before amendment by P.A. 100-448)
3    Sec. 10-17a. State, school district, and school report
4cards.
5    (1) By October 31, 2013 and October 31 of each subsequent
6school year, the State Board of Education, through the State
7Superintendent of Education, shall prepare a State report card,
8school district report cards, and school report cards, and
9shall by the most economic means provide to each school
10district in this State, including special charter districts and
11districts subject to the provisions of Article 34, the report
12cards for the school district and each of its schools.
13    (2) In addition to any information required by federal law,
14the State Superintendent shall determine the indicators and
15presentation of the school report card, which must include, at
16a minimum, the most current data collected and maintained by
17the State Board of Education related to the following:
18        (A) school characteristics and student demographics,
19    including average class size, average teaching experience,
20    student racial/ethnic breakdown, and the percentage of
21    students classified as low-income; the percentage of
22    students classified as English learners; the percentage of
23    students who have individualized education plans or 504
24    plans that provide for special education services; the
25    number and percentage of all students who have been

 

 

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1    assessed for placement in a gifted education or advanced
2    academic program and, of those students: (i) the racial and
3    ethnic breakdown, (ii) the percentage who are classified as
4    low-income, and (iii) the number and percentage of students
5    who received direct instruction from a teacher who holds a
6    gifted education endorsement and, of those students, the
7    percentage who are classified as low-income; the
8    percentage of students scoring at the "exceeds
9    expectations" level on the assessments required under
10    Section 2-3.64a-5 of this Code; the percentage of students
11    who annually transferred in or out of the school district;
12    the per-pupil operating expenditure of the school
13    district; and the per-pupil State average operating
14    expenditure for the district type (elementary, high
15    school, or unit);
16        (B) curriculum information, including, where
17    applicable, Advanced Placement, International
18    Baccalaureate or equivalent courses, dual enrollment
19    courses, foreign language classes, school personnel
20    resources (including Career Technical Education teachers),
21    before and after school programs, extracurricular
22    activities, subjects in which elective classes are
23    offered, health and wellness initiatives (including the
24    average number of days of Physical Education per week per
25    student), approved programs of study, awards received,
26    community partnerships, and special programs such as

 

 

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1    programming for the gifted and talented, students with
2    disabilities, and work-study students;
3        (C) student outcomes, including, where applicable, the
4    percentage of students deemed proficient on assessments of
5    State standards, the percentage of students in the eighth
6    grade who pass Algebra, the percentage of students enrolled
7    in post-secondary institutions (including colleges,
8    universities, community colleges, trade/vocational
9    schools, and training programs leading to career
10    certification within 2 semesters of high school
11    graduation), the percentage of students graduating from
12    high school who are college and career ready, and the
13    percentage of graduates enrolled in community colleges,
14    colleges, and universities who are in one or more courses
15    that the community college, college, or university
16    identifies as a developmental course;
17        (D) student progress, including, where applicable, the
18    percentage of students in the ninth grade who have earned 5
19    credits or more without failing more than one core class, a
20    measure of students entering kindergarten ready to learn, a
21    measure of growth, and the percentage of students who enter
22    high school on track for college and career readiness;
23        (E) the school environment, including, where
24    applicable, the percentage of students with less than 10
25    absences in a school year, the percentage of teachers with
26    less than 10 absences in a school year for reasons other

 

 

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1    than professional development, leaves taken pursuant to
2    the federal Family Medical Leave Act of 1993, long-term
3    disability, or parental leaves, the 3-year average of the
4    percentage of teachers returning to the school from the
5    previous year, the number of different principals at the
6    school in the last 6 years, the number of teachers who hold
7    a gifted education endorsement, the process and criteria
8    used by the district to determine whether a student is
9    eligible for participation in a gifted education program or
10    advanced academic program and the manner in which parents
11    and guardians are made aware of the process and criteria, 2
12    or more indicators from any school climate survey selected
13    or approved by the State and administered pursuant to
14    Section 2-3.153 of this Code, with the same or similar
15    indicators included on school report cards for all surveys
16    selected or approved by the State pursuant to Section
17    2-3.153 of this Code, and the combined percentage of
18    teachers rated as proficient or excellent or, on or after
19    September 1, 2019, "effective" in their most recent
20    evaluation;
21        (F) a school district's and its individual schools'
22    balanced accountability measure, in accordance with
23    Section 2-3.25a of this Code;
24        (G) the total and per pupil normal cost amount the
25    State contributed to the Teachers' Retirement System of the
26    State of Illinois in the prior fiscal year for the school's

 

 

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1    employees, which shall be reported to the State Board of
2    Education by the Teachers' Retirement System of the State
3    of Illinois; and
4        (H) for a school district organized under Article 34 of
5    this Code only, State contributions to the Public School
6    Teachers' Pension and Retirement Fund of Chicago and State
7    contributions for health care for employees of that school
8    district; .
9        (I) (G) a school district's Final Percent of Adequacy,
10    as defined in paragraph (4) of subsection (f) of Section
11    18-8.15 of this Code;
12        (J) (H) a school district's Local Capacity Target, as
13    defined in paragraph (2) of subsection (c) of Section
14    18-8.15 of this Code, displayed as a percentage amount; and
15        (K) (I) a school district's Real Receipts, as defined
16    in paragraph (1) of subsection (d) of Section 18-8.15 of
17    this Code, divided by a school district's Adequacy Target,
18    as defined in paragraph (1) of subsection (b) of Section
19    18-8.15 of this Code, displayed as a percentage amount.
20    The school report card shall also provide information that
21allows for comparing the current outcome, progress, and
22environment data to the State average, to the school data from
23the past 5 years, and to the outcomes, progress, and
24environment of similar schools based on the type of school and
25enrollment of low-income students, special education students,
26and English learners.

 

 

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1    As used in this subsection paragraph (2):
2    "Advanced academic program" means a course of study to
3which students are assigned based on advanced cognitive ability
4or advanced academic achievement compared to local age peers
5and in which the curriculum is substantially differentiated
6from the general curriculum to provide appropriate challenge
7and pace.
8    "Gifted education" means educational services, including
9differentiated curricula and instructional methods, designed
10to meet the needs of gifted children as defined in Article 14A
11of this Code.
12    (3) At the discretion of the State Superintendent, the
13school district report card shall include a subset of the
14information identified in paragraphs (A) through (E) of
15subsection (2) of this Section, as well as information relating
16to the operating expense per pupil and other finances of the
17school district, and the State report card shall include a
18subset of the information identified in paragraphs (A) through
19(E) of subsection (2) of this Section.
20    (4) Notwithstanding anything to the contrary in this
21Section, in consultation with key education stakeholders, the
22State Superintendent shall at any time have the discretion to
23amend or update any and all metrics on the school, district, or
24State report card.
25    (5) Annually, no more than 30 calendar days after receipt
26of the school district and school report cards from the State

 

 

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1Superintendent of Education, each school district, including
2special charter districts and districts subject to the
3provisions of Article 34, shall present such report cards at a
4regular school board meeting subject to applicable notice
5requirements, post the report cards on the school district's
6Internet web site, if the district maintains an Internet web
7site, make the report cards available to a newspaper of general
8circulation serving the district, and, upon request, send the
9report cards home to a parent (unless the district does not
10maintain an Internet web site, in which case the report card
11shall be sent home to parents without request). If the district
12posts the report card on its Internet web site, the district
13shall send a written notice home to parents stating (i) that
14the report card is available on the web site, (ii) the address
15of the web site, (iii) that a printed copy of the report card
16will be sent to parents upon request, and (iv) the telephone
17number that parents may call to request a printed copy of the
18report card.
19    (6) Nothing contained in Public Act 98-648 this amendatory
20Act of the 98th General Assembly repeals, supersedes,
21invalidates, or nullifies final decisions in lawsuits pending
22on July 1, 2014 (the effective date of Public Act 98-648) this
23amendatory Act of the 98th General Assembly in Illinois courts
24involving the interpretation of Public Act 97-8.
25(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
2699-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.

 

 

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11-1-18; 100-465, eff. 8-31-17; revised 9-25-17.)
 
2    (Text of Section after amendment by P.A. 100-448)
3    Sec. 10-17a. State, school district, and school report
4cards.
5    (1) By October 31, 2013 and October 31 of each subsequent
6school year, the State Board of Education, through the State
7Superintendent of Education, shall prepare a State report card,
8school district report cards, and school report cards, and
9shall by the most economic means provide to each school
10district in this State, including special charter districts and
11districts subject to the provisions of Article 34, the report
12cards for the school district and each of its schools.
13    (2) In addition to any information required by federal law,
14the State Superintendent shall determine the indicators and
15presentation of the school report card, which must include, at
16a minimum, the most current data collected and maintained by
17the State Board of Education related to the following:
18        (A) school characteristics and student demographics,
19    including average class size, average teaching experience,
20    student racial/ethnic breakdown, and the percentage of
21    students classified as low-income; the percentage of
22    students classified as English learners; the percentage of
23    students who have individualized education plans or 504
24    plans that provide for special education services; the
25    number and percentage of all students who have been

 

 

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1    assessed for placement in a gifted education or advanced
2    academic program and, of those students: (i) the racial and
3    ethnic breakdown, (ii) the percentage who are classified as
4    low-income, and (iii) the number and percentage of students
5    who received direct instruction from a teacher who holds a
6    gifted education endorsement and, of those students, the
7    percentage who are classified as low-income; the
8    percentage of students scoring at the "exceeds
9    expectations" level on the assessments required under
10    Section 2-3.64a-5 of this Code; the percentage of students
11    who annually transferred in or out of the school district;
12    average daily attendance; the per-pupil operating
13    expenditure of the school district; and the per-pupil State
14    average operating expenditure for the district type
15    (elementary, high school, or unit);
16        (B) curriculum information, including, where
17    applicable, Advanced Placement, International
18    Baccalaureate or equivalent courses, dual enrollment
19    courses, foreign language classes, school personnel
20    resources (including Career Technical Education teachers),
21    before and after school programs, extracurricular
22    activities, subjects in which elective classes are
23    offered, health and wellness initiatives (including the
24    average number of days of Physical Education per week per
25    student), approved programs of study, awards received,
26    community partnerships, and special programs such as

 

 

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1    programming for the gifted and talented, students with
2    disabilities, and work-study students;
3        (C) student outcomes, including, where applicable, the
4    percentage of students deemed proficient on assessments of
5    State standards, the percentage of students in the eighth
6    grade who pass Algebra, the percentage of students enrolled
7    in post-secondary institutions (including colleges,
8    universities, community colleges, trade/vocational
9    schools, and training programs leading to career
10    certification within 2 semesters of high school
11    graduation), the percentage of students graduating from
12    high school who are college and career ready, and the
13    percentage of graduates enrolled in community colleges,
14    colleges, and universities who are in one or more courses
15    that the community college, college, or university
16    identifies as a developmental course;
17        (D) student progress, including, where applicable, the
18    percentage of students in the ninth grade who have earned 5
19    credits or more without failing more than one core class, a
20    measure of students entering kindergarten ready to learn, a
21    measure of growth, and the percentage of students who enter
22    high school on track for college and career readiness;
23        (E) the school environment, including, where
24    applicable, the percentage of students with less than 10
25    absences in a school year, the percentage of teachers with
26    less than 10 absences in a school year for reasons other

 

 

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1    than professional development, leaves taken pursuant to
2    the federal Family Medical Leave Act of 1993, long-term
3    disability, or parental leaves, the 3-year average of the
4    percentage of teachers returning to the school from the
5    previous year, the number of different principals at the
6    school in the last 6 years, the number of teachers who hold
7    a gifted education endorsement, the process and criteria
8    used by the district to determine whether a student is
9    eligible for participation in a gifted education program or
10    advanced academic program and the manner in which parents
11    and guardians are made aware of the process and criteria, 2
12    or more indicators from any school climate survey selected
13    or approved by the State and administered pursuant to
14    Section 2-3.153 of this Code, with the same or similar
15    indicators included on school report cards for all surveys
16    selected or approved by the State pursuant to Section
17    2-3.153 of this Code, and the combined percentage of
18    teachers rated as proficient or excellent or, on or after
19    September 1, 2019, "effective" in their most recent
20    evaluation;
21        (F) a school district's and its individual schools'
22    balanced accountability measure, in accordance with
23    Section 2-3.25a of this Code;
24        (G) the total and per pupil normal cost amount the
25    State contributed to the Teachers' Retirement System of the
26    State of Illinois in the prior fiscal year for the school's

 

 

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1    employees, which shall be reported to the State Board of
2    Education by the Teachers' Retirement System of the State
3    of Illinois; and
4        (H) for a school district organized under Article 34 of
5    this Code only, State contributions to the Public School
6    Teachers' Pension and Retirement Fund of Chicago and State
7    contributions for health care for employees of that school
8    district; .
9        (I) (G) a school district's Final Percent of Adequacy,
10    as defined in paragraph (4) of subsection (f) of Section
11    18-8.15 of this Code;
12        (J) (H) a school district's Local Capacity Target, as
13    defined in paragraph (2) of subsection (c) of Section
14    18-8.15 of this Code, displayed as a percentage amount; and
15        (K) (I) a school district's Real Receipts, as defined
16    in paragraph (1) of subsection (d) of Section 18-8.15 of
17    this Code, divided by a school district's Adequacy Target,
18    as defined in paragraph (1) of subsection (b) of Section
19    18-8.15 of this Code, displayed as a percentage amount.
20    The school report card shall also provide information that
21allows for comparing the current outcome, progress, and
22environment data to the State average, to the school data from
23the past 5 years, and to the outcomes, progress, and
24environment of similar schools based on the type of school and
25enrollment of low-income students, special education students,
26and English learners.

 

 

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1    As used in this subsection paragraph (2):
2    "Advanced academic program" means a course of study to
3which students are assigned based on advanced cognitive ability
4or advanced academic achievement compared to local age peers
5and in which the curriculum is substantially differentiated
6from the general curriculum to provide appropriate challenge
7and pace.
8    "Gifted education" means educational services, including
9differentiated curricula and instructional methods, designed
10to meet the needs of gifted children as defined in Article 14A
11of this Code.
12    For the purposes of paragraph (A) of this subsection (2),
13"average daily attendance" means the average of the actual
14number of attendance days during the previous school year for
15any enrolled student who is subject to compulsory attendance by
16Section 26-1 of this Code at each school and charter school.
17    (3) At the discretion of the State Superintendent, the
18school district report card shall include a subset of the
19information identified in paragraphs (A) through (E) of
20subsection (2) of this Section, as well as information relating
21to the operating expense per pupil and other finances of the
22school district, and the State report card shall include a
23subset of the information identified in paragraphs (A) through
24(E) of subsection (2) of this Section. The school district
25report card shall include the average daily attendance, as that
26term is defined in subsection (2) of this Section, of students

 

 

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1who have individualized education programs and students who
2have 504 plans that provide for special education services
3within the school district.
4    (4) Notwithstanding anything to the contrary in this
5Section, in consultation with key education stakeholders, the
6State Superintendent shall at any time have the discretion to
7amend or update any and all metrics on the school, district, or
8State report card.
9    (5) Annually, no more than 30 calendar days after receipt
10of the school district and school report cards from the State
11Superintendent of Education, each school district, including
12special charter districts and districts subject to the
13provisions of Article 34, shall present such report cards at a
14regular school board meeting subject to applicable notice
15requirements, post the report cards on the school district's
16Internet web site, if the district maintains an Internet web
17site, make the report cards available to a newspaper of general
18circulation serving the district, and, upon request, send the
19report cards home to a parent (unless the district does not
20maintain an Internet web site, in which case the report card
21shall be sent home to parents without request). If the district
22posts the report card on its Internet web site, the district
23shall send a written notice home to parents stating (i) that
24the report card is available on the web site, (ii) the address
25of the web site, (iii) that a printed copy of the report card
26will be sent to parents upon request, and (iv) the telephone

 

 

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1number that parents may call to request a printed copy of the
2report card.
3    (6) Nothing contained in Public Act 98-648 this amendatory
4Act of the 98th General Assembly repeals, supersedes,
5invalidates, or nullifies final decisions in lawsuits pending
6on July 1, 2014 (the effective date of Public Act 98-648) this
7amendatory Act of the 98th General Assembly in Illinois courts
8involving the interpretation of Public Act 97-8.
9(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
1099-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
111-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; revised
129-25-17.)
 
13    (105 ILCS 5/21B-75)
14    Sec. 21B-75. Suspension or revocation of license.
15    (a) As used in this Section, "teacher" means any school
16district employee regularly required to be licensed, as
17provided in this Article, in order to teach or supervise in the
18public schools.
19    (b) The State Superintendent of Education has the exclusive
20authority, in accordance with this Section and any rules
21adopted by the State Board of Education, in consultation with
22the State Educator Preparation and Licensure Board, to initiate
23the suspension of up to 5 calendar years or revocation of any
24license issued pursuant to this Article for abuse or neglect of
25a child, immorality, a condition of health detrimental to the

 

 

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1welfare of pupils, incompetency, unprofessional conduct (which
2includes the failure to disclose on an employment application
3any previous conviction for a sex offense, as defined in
4Section 21B-80 of this Code, or any other offense committed in
5any other state or against the laws of the United States that,
6if committed in this State, would be punishable as a sex
7offense, as defined in Section 21B-80 of this Code), the
8neglect of any professional duty, willful failure to report an
9instance of suspected child abuse or neglect as required by the
10Abused and Neglected Child Reporting Act, failure to establish
11satisfactory repayment on an educational loan guaranteed by the
12Illinois Student Assistance Commission, or other just cause.
13Unprofessional conduct shall include the refusal to attend or
14participate in institutes, teachers' meetings, or professional
15readings or to meet other reasonable requirements of the
16regional superintendent of schools or State Superintendent of
17Education. Unprofessional conduct also includes conduct that
18violates the standards, ethics, or rules applicable to the
19security, administration, monitoring, or scoring of or the
20reporting of scores from any assessment test or examination
21administered under Section 2-3.64a-5 of this Code or that is
22known or intended to produce or report manipulated or
23artificial, rather than actual, assessment or achievement
24results or gains from the administration of those tests or
25examinations. Unprofessional conduct shall also include
26neglect or unnecessary delay in the making of statistical and

 

 

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1other reports required by school officers. Incompetency shall
2include, without limitation, 2 or more school terms of service
3for which the license holder has received an unsatisfactory or,
4on and after September 1, 2019, ineffective rating on a
5performance evaluation conducted pursuant to Article 24A of
6this Code within a period of 7 school terms of service. In
7determining whether to initiate action against one or more
8licenses based on incompetency and the recommended sanction for
9such action, the State Superintendent shall consider factors
10that include without limitation all of the following:
11        (1) Whether the unsatisfactory or ineffective
12    evaluation ratings occurred prior to June 13, 2011 (the
13    effective date of Public Act 97-8).
14        (2) Whether the unsatisfactory or ineffective
15    evaluation ratings occurred prior to or after the
16    implementation date, as defined in Section 24A-2.5 of this
17    Code, of an evaluation system for teachers in a school
18    district.
19        (3) Whether the evaluator or evaluators who performed
20    an unsatisfactory or ineffective evaluation met the
21    pre-licensure and training requirements set forth in
22    Section 24A-3 of this Code.
23        (4) The time between the unsatisfactory or ineffective
24    evaluation ratings.
25        (5) The quality of the remediation plans associated
26    with the unsatisfactory or ineffective evaluation ratings

 

 

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1    and whether the license holder successfully completed the
2    remediation plans.
3        (6) Whether the unsatisfactory or ineffective
4    evaluation ratings were related to the same or different
5    assignments performed by the license holder.
6        (7) Whether one or more of the unsatisfactory or
7    ineffective evaluation ratings occurred in the first year
8    of a teaching or administrative assignment.
9When initiating an action against one or more licenses, the
10State Superintendent may seek required professional
11development as a sanction in lieu of or in addition to
12suspension or revocation. Any such required professional
13development must be at the expense of the license holder, who
14may use, if available and applicable to the requirements
15established by administrative or court order, training,
16coursework, or other professional development funds in
17accordance with the terms of an applicable collective
18bargaining agreement entered into after June 13, 2011 (the
19effective date of Public Act 97-8), unless that agreement
20specifically precludes use of funds for such purpose.
21    (c) The State Superintendent of Education shall, upon
22receipt of evidence of abuse or neglect of a child, immorality,
23a condition of health detrimental to the welfare of pupils,
24incompetency (subject to subsection (b) of this Section),
25unprofessional conduct, the neglect of any professional duty,
26or other just cause, further investigate and, if and as

 

 

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1appropriate, serve written notice to the individual and afford
2the individual opportunity for a hearing prior to suspension,
3revocation, or other sanction; provided that the State
4Superintendent is under no obligation to initiate such an
5investigation if the Department of Children and Family Services
6is investigating the same or substantially similar allegations
7and its child protective service unit has not made its
8determination, as required under Section 7.12 of the Abused and
9Neglected Child Reporting Act. If the State Superintendent of
10Education does not receive from an individual a request for a
11hearing within 10 days after the individual receives notice,
12the suspension, revocation, or other sanction shall
13immediately take effect in accordance with the notice. If a
14hearing is requested within 10 days after notice of an
15opportunity for hearing, it shall act as a stay of proceedings
16until the State Educator Preparation and Licensure Board issues
17a decision. Any hearing shall take place in the educational
18service region where the educator is or was last employed and
19in accordance with rules adopted by the State Board of
20Education, in consultation with the State Educator Preparation
21and Licensure Board, and such rules shall include without
22limitation provisions for discovery and the sharing of
23information between parties prior to the hearing. The standard
24of proof for any administrative hearing held pursuant to this
25Section shall be by the preponderance of the evidence. The
26decision of the State Educator Preparation and Licensure Board

 

 

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1is a final administrative decision and is subject to judicial
2review by appeal of either party.
3    The State Board of Education may refuse to issue or may
4suspend the license of any person who fails to file a return or
5to pay the tax, penalty, or interest shown in a filed return or
6to pay any final assessment of tax, penalty, or interest, as
7required by any tax Act administered by the Department of
8Revenue, until such time as the requirements of any such tax
9Act are satisfied.
10    The exclusive authority of the State Superintendent of
11Education to initiate suspension or revocation of a license
12pursuant to this Section does not preclude a regional
13superintendent of schools from cooperating with the State
14Superintendent or a State's Attorney with respect to an
15investigation of alleged misconduct.
16    (d) The State Superintendent of Education or his or her
17designee may initiate and conduct such investigations as may be
18reasonably necessary to establish the existence of any alleged
19misconduct. At any stage of the investigation, the State
20Superintendent may issue a subpoena requiring the attendance
21and testimony of a witness, including the license holder, and
22the production of any evidence, including files, records,
23correspondence, or documents, relating to any matter in
24question in the investigation. The subpoena shall require a
25witness to appear at the State Board of Education at a
26specified date and time and shall specify any evidence to be

 

 

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1produced. The license holder is not entitled to be present, but
2the State Superintendent shall provide the license holder with
3a copy of any recorded testimony prior to a hearing under this
4Section. Such recorded testimony must not be used as evidence
5at a hearing, unless the license holder has adequate notice of
6the testimony and the opportunity to cross-examine the witness.
7Failure of a license holder to comply with a duly issued,
8investigatory subpoena may be grounds for revocation,
9suspension, or denial of a license.
10    (e) All correspondence, documentation, and other
11information so received by the regional superintendent of
12schools, the State Superintendent of Education, the State Board
13of Education, or the State Educator Preparation and Licensure
14Board under this Section is confidential and must not be
15disclosed to third parties, except (i) as necessary for the
16State Superintendent of Education or his or her designee to
17investigate and prosecute pursuant to this Article, (ii)
18pursuant to a court order, (iii) for disclosure to the license
19holder or his or her representative, or (iv) as otherwise
20required in this Article and provided that any such information
21admitted into evidence in a hearing is exempt from this
22confidentiality and non-disclosure requirement.
23    (f) The State Superintendent of Education or a person
24designated by him or her shall have the power to administer
25oaths to witnesses at any hearing conducted before the State
26Educator Preparation and Licensure Board pursuant to this

 

 

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1Section. The State Superintendent of Education or a person
2designated by him or her is authorized to subpoena and bring
3before the State Educator Preparation and Licensure Board any
4person in this State and to take testimony either orally or by
5deposition or by exhibit, with the same fees and mileage and in
6the same manner as prescribed by law in judicial proceedings in
7civil cases in circuit courts of this State.
8    (g) Any circuit court, upon the application of the State
9Superintendent of Education or the license holder, may, by
10order duly entered, require the attendance of witnesses and the
11production of relevant books and papers as part of any
12investigation or at any hearing the State Educator Preparation
13and Licensure Board is authorized to conduct pursuant to this
14Section, and the court may compel obedience to its orders by
15proceedings for contempt.
16    (h) The State Board of Education shall receive an annual
17line item appropriation to cover fees associated with the
18investigation and prosecution of alleged educator misconduct
19and hearings related thereto.
20(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
216-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
 
22    (105 ILCS 5/24-9.5 new)
23    Sec. 24-9.5. Teacher evaluation ratings on and after
24September 1, 2019. On and after September 1, 2019, pursuant to
25this Section, all teacher evaluation ratings on record as

 

 

SB3000- 31 -LRB100 18694 AXK 33926 b

1"excellent", "proficient", or "needs improvement" are
2considered "effective" and all teacher evaluation ratings on
3record as "unsatisfactory" are considered "ineffective" for
4the purposes of this Article.
 
5    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
6    Sec. 24-11. Boards of Education - Boards of School
7Inspectors - Contractual continued service.
8    (a) As used in this and the succeeding Sections of this
9Article:
10    "Teacher" means any or all school district employees
11regularly required to be certified under laws relating to the
12certification of teachers.
13    "Board" means board of directors, board of education, or
14board of school inspectors, as the case may be.
15    "School term" means that portion of the school year, July 1
16to the following June 30, when school is in actual session.
17    "Program" means a program of a special education joint
18agreement.
19    "Program of a special education joint agreement" means
20instructional, consultative, supervisory, administrative,
21diagnostic, and related services that are managed by a special
22educational joint agreement designed to service 2 or more
23school districts that are members of the joint agreement.
24    "PERA implementation date" means the implementation date
25of an evaluation system for teachers as specified by Section

 

 

SB3000- 32 -LRB100 18694 AXK 33926 b

124A-2.5 of this Code for all schools within a school district
2or all programs of a special education joint agreement.
3    (b) This Section and Sections 24-12 through 24-16 of this
4Article apply only to school districts having less than 500,000
5inhabitants.
6    (c) Any teacher who is first employed as a full-time
7teacher in a school district or program prior to the PERA
8implementation date and who is employed in that district or
9program for a probationary period of 4 consecutive school terms
10shall enter upon contractual continued service in the district
11or in all of the programs that the teacher is legally qualified
12to hold, unless the teacher is given written notice of
13dismissal by certified mail, return receipt requested, by the
14employing board at least 45 days before the end of any school
15term within such period.
16    (d) For any teacher who is first employed as a full-time
17teacher in a school district or program on or after the PERA
18implementation date, the probationary period shall be one of
19the following periods, based upon the teacher's school terms of
20service and performance, before the teacher shall enter upon
21contractual continued service in the district or in all of the
22programs that the teacher is legally qualified to hold, unless
23the teacher is given written notice of dismissal by certified
24mail, return receipt requested, by the employing board at least
2545 days before the end of any school term within such period:
26        (1) 4 consecutive school terms of service in which the

 

 

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1    teacher receives overall annual evaluation ratings of at
2    least "Proficient" or, on or after September 1, 2019,
3    "effective" in the last school term and at least
4    "Proficient" or, on or after September 1, 2019, "effective"
5    in either the second or third school term;
6        (2) (blank); or 3 consecutive school terms of service
7    in which the teacher receives 3 overall annual evaluations
8    of "Excellent"; or
9        (3) 2 consecutive school terms of service in which the
10    teacher receives 2 overall annual evaluations of
11    "Excellent" or, on or after September 1, 2019, "effective"
12    service, but only if the teacher (i) previously attained
13    contractual continued service in a different school
14    district or program in this State, (ii) voluntarily
15    departed or was honorably dismissed from that school
16    district or program in the school term immediately prior to
17    the teacher's first school term of service applicable to
18    the attainment of contractual continued service under this
19    subdivision (3), and (iii) received, in his or her 2 most
20    recent overall annual or biennial evaluations from the
21    prior school district or program, ratings of at least
22    "Proficient" or, on or after September 1, 2019,
23    "effective", with both such ratings occurring after the
24    school district's or program's PERA implementation date.
25    For a teacher to attain contractual continued service under
26    this subdivision (3), the teacher shall provide official

 

 

SB3000- 34 -LRB100 18694 AXK 33926 b

1    copies of his or her 2 most recent overall annual or
2    biennial evaluations from the prior school district or
3    program to the new school district or program within 60
4    days from the teacher's first day of service with the new
5    school district or program. The prior school district or
6    program must provide the teacher with official copies of
7    his or her 2 most recent overall annual or biennial
8    evaluations within 14 days after the teacher's request. If
9    a teacher has requested such official copies prior to 45
10    days after the teacher's first day of service with the new
11    school district or program and the teacher's prior school
12    district or program fails to provide the teacher with the
13    official copies required under this subdivision (3), then
14    the time period for the teacher to submit the official
15    copies to his or her new school district or program must be
16    extended until 14 days after receipt of such copies from
17    the prior school district or program. If the prior school
18    district or program fails to provide the teacher with the
19    official copies required under this subdivision (3) within
20    90 days from the teacher's first day of service with the
21    new school district or program, then the new school
22    district or program shall rely upon the teacher's own
23    copies of his or her evaluations for purposes of this
24    subdivision (3).
25    If the teacher does not receive overall annual evaluations
26of "Excellent" or, on or after September 1, 2019, "effective"

 

 

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1in the school terms necessary for eligibility to achieve
2accelerated contractual continued service in subdivisions (2)
3and (3) of this subsection (d), the teacher shall be eligible
4for contractual continued service pursuant to subdivision (1)
5of this subsection (d). If, at the conclusion of 4 consecutive
6school terms of service that count toward attainment of
7contractual continued service, the teacher's performance does
8not qualify the teacher for contractual continued service under
9subdivision (1) of this subsection (d), then the teacher shall
10not enter upon contractual continued service and shall be
11dismissed. If a performance evaluation is not conducted for any
12school term when such evaluation is required to be conducted
13under Section 24A-5 of this Code, then the teacher's
14performance evaluation rating for such school term for purposes
15of determining the attainment of contractual continued service
16shall be deemed "Proficient" or, on or after September 1, 2019,
17"effective".
18    (e) For the purposes of determining contractual continued
19service, a school term shall be counted only toward attainment
20of contractual continued service if the teacher actually
21teaches or is otherwise present and participating in the
22district's or program's educational program for 120 days or
23more, provided that the days of leave under the federal Family
24Medical Leave Act that the teacher is required to take until
25the end of the school term shall be considered days of teaching
26or participation in the district's or program's educational

 

 

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1program. A school term that is not counted toward attainment of
2contractual continued service shall not be considered a break
3in service for purposes of determining whether a teacher has
4been employed for 4 consecutive school terms, provided that the
5teacher actually teaches or is otherwise present and
6participating in the district's or program's educational
7program in the following school term.
8    (f) If the employing board determines to dismiss the
9teacher in the last year of the probationary period as provided
10in subsection (c) of this Section or subdivision (1) or (2) of
11subsection (d) of this Section, but not subdivision (3) of
12subsection (d) of this Section, the written notice of dismissal
13provided by the employing board must contain specific reasons
14for dismissal. Any full-time teacher who does not receive
15written notice from the employing board at least 45 days before
16the end of any school term as provided in this Section and
17whose performance does not require dismissal after the fourth
18probationary year pursuant to subsection (d) of this Section
19shall be re-employed for the following school term.
20    (g) Contractual continued service shall continue in effect
21the terms and provisions of the contract with the teacher
22during the last school term of the probationary period, subject
23to this Act and the lawful regulations of the employing board.
24This Section and succeeding Sections do not modify any existing
25power of the board except with respect to the procedure of the
26discharge of a teacher and reductions in salary as hereinafter

 

 

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1provided. Contractual continued service status shall not
2restrict the power of the board to transfer a teacher to a
3position which the teacher is qualified to fill or to make such
4salary adjustments as it deems desirable, but unless reductions
5in salary are uniform or based upon some reasonable
6classification, any teacher whose salary is reduced shall be
7entitled to a notice and a hearing as hereinafter provided in
8the case of certain dismissals or removals.
9    (h) If, by reason of any change in the boundaries of school
10districts or by reason of the creation of a new school
11district, the position held by any teacher having a contractual
12continued service status is transferred from one board to the
13control of a new or different board, then the contractual
14continued service status of the teacher is not thereby lost,
15and such new or different board is subject to this Code with
16respect to the teacher in the same manner as if the teacher
17were its employee and had been its employee during the time the
18teacher was actually employed by the board from whose control
19the position was transferred.
20    (i) The employment of any teacher in a program of a special
21education joint agreement established under Section 3-15.14,
2210-22.31 or 10-22.31a shall be governed by this and succeeding
23Sections of this Article. For purposes of attaining and
24maintaining contractual continued service and computing length
25of continuing service as referred to in this Section and
26Section 24-12, employment in a special educational joint

 

 

SB3000- 38 -LRB100 18694 AXK 33926 b

1program shall be deemed a continuation of all previous
2certificated employment of such teacher for such joint
3agreement whether the employer of the teacher was the joint
4agreement, the regional superintendent, or one of the
5participating districts in the joint agreement.
6    (j) For any teacher employed after July 1, 1987 as a
7full-time teacher in a program of a special education joint
8agreement, whether the program is operated by the joint
9agreement or a member district on behalf of the joint
10agreement, in the event of a reduction in the number of
11programs or positions in the joint agreement in which the
12notice of dismissal is provided on or before the end of the
132010-2011 school term, the teacher in contractual continued
14service is eligible for employment in the joint agreement
15programs for which the teacher is legally qualified in order of
16greater length of continuing service in the joint agreement,
17unless an alternative method of determining the sequence of
18dismissal is established in a collective bargaining agreement.
19For any teacher employed after July 1, 1987 as a full-time
20teacher in a program of a special education joint agreement,
21whether the program is operated by the joint agreement or a
22member district on behalf of the joint agreement, in the event
23of a reduction in the number of programs or positions in the
24joint agreement in which the notice of dismissal is provided
25during the 2011-2012 school term or a subsequent school term,
26the teacher shall be included on the honorable dismissal lists

 

 

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1of all joint agreement programs for positions for which the
2teacher is qualified and is eligible for employment in such
3programs in accordance with subsections (b) and (c) of Section
424-12 of this Code and the applicable honorable dismissal
5policies of the joint agreement.
6    (k) For any teacher employed after July 1, 1987 as a
7full-time teacher in a program of a special education joint
8agreement, whether the program is operated by the joint
9agreement or a member district on behalf of the joint
10agreement, in the event of the dissolution of a joint
11agreement, in which the notice to teachers of the dissolution
12is provided during the 2010-2011 school term, the teacher in
13contractual continued service who is legally qualified shall be
14assigned to any comparable position in a member district
15currently held by a teacher who has not entered upon
16contractual continued service or held by a teacher who has
17entered upon contractual continued service with a shorter
18length of contractual continued service. Any teacher employed
19after July 1, 1987 as a full-time teacher in a program of a
20special education joint agreement, whether the program is
21operated by the joint agreement or a member district on behalf
22of the joint agreement, in the event of the dissolution of a
23joint agreement in which the notice to teachers of the
24dissolution is provided during the 2011-2012 school term or a
25subsequent school term, the teacher who is qualified shall be
26included on the order of honorable dismissal lists of each

 

 

SB3000- 40 -LRB100 18694 AXK 33926 b

1member district and shall be assigned to any comparable
2position in any such district in accordance with subsections
3(b) and (c) of Section 24-12 of this Code and the applicable
4honorable dismissal policies of each member district.
5    (l) The governing board of the joint agreement, or the
6administrative district, if so authorized by the articles of
7agreement of the joint agreement, rather than the board of
8education of a school district, may carry out employment and
9termination actions including dismissals under this Section
10and Section 24-12.
11    (m) The employment of any teacher in a special education
12program authorized by Section 14-1.01 through 14-14.01, or a
13joint educational program established under Section 10-22.31a,
14shall be under this and the succeeding Sections of this
15Article, and such employment shall be deemed a continuation of
16the previous employment of such teacher in any of the
17participating districts, regardless of the participation of
18other districts in the program.
19    (n) Any teacher employed as a full-time teacher in a
20special education program prior to September 23, 1987 in which
212 or more school districts participate for a probationary
22period of 2 consecutive years shall enter upon contractual
23continued service in each of the participating districts,
24subject to this and the succeeding Sections of this Article,
25and, notwithstanding Section 24-1.5 of this Code, in the event
26of the termination of the program shall be eligible for any

 

 

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1vacant position in any of such districts for which such teacher
2is qualified.
3(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
4    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
5    Sec. 24-12. Removal or dismissal of teachers in contractual
6continued service.
7    (a) This subsection (a) applies only to honorable
8dismissals and recalls in which the notice of dismissal is
9provided on or before the end of the 2010-2011 school term. If
10a teacher in contractual continued service is removed or
11dismissed as a result of a decision of the board to decrease
12the number of teachers employed by the board or to discontinue
13some particular type of teaching service, written notice shall
14be mailed to the teacher and also given the teacher either by
15certified mail, return receipt requested or personal delivery
16with receipt at least 60 days before the end of the school
17term, together with a statement of honorable dismissal and the
18reason therefor, and in all such cases the board shall first
19remove or dismiss all teachers who have not entered upon
20contractual continued service before removing or dismissing
21any teacher who has entered upon contractual continued service
22and who is legally qualified to hold a position currently held
23by a teacher who has not entered upon contractual continued
24service.
25    As between teachers who have entered upon contractual

 

 

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1continued service, the teacher or teachers with the shorter
2length of continuing service with the district shall be
3dismissed first unless an alternative method of determining the
4sequence of dismissal is established in a collective bargaining
5agreement or contract between the board and a professional
6faculty members' organization and except that this provision
7shall not impair the operation of any affirmative action
8program in the district, regardless of whether it exists by
9operation of law or is conducted on a voluntary basis by the
10board. Any teacher dismissed as a result of such decrease or
11discontinuance shall be paid all earned compensation on or
12before the third business day following the last day of pupil
13attendance in the regular school term.
14    If the board has any vacancies for the following school
15term or within one calendar year from the beginning of the
16following school term, the positions thereby becoming
17available shall be tendered to the teachers so removed or
18dismissed so far as they are legally qualified to hold such
19positions; provided, however, that if the number of honorable
20dismissal notices based on economic necessity exceeds 15% of
21the number of full time equivalent positions filled by
22certified employees (excluding principals and administrative
23personnel) during the preceding school year, then if the board
24has any vacancies for the following school term or within 2
25calendar years from the beginning of the following school term,
26the positions so becoming available shall be tendered to the

 

 

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1teachers who were so notified and removed or dismissed whenever
2they are legally qualified to hold such positions. Each board
3shall, in consultation with any exclusive employee
4representatives, each year establish a list, categorized by
5positions, showing the length of continuing service of each
6teacher who is qualified to hold any such positions, unless an
7alternative method of determining a sequence of dismissal is
8established as provided for in this Section, in which case a
9list shall be made in accordance with the alternative method.
10Copies of the list shall be distributed to the exclusive
11employee representative on or before February 1 of each year.
12Whenever the number of honorable dismissal notices based upon
13economic necessity exceeds 5, or 150% of the average number of
14teachers honorably dismissed in the preceding 3 years,
15whichever is more, then the board also shall hold a public
16hearing on the question of the dismissals. Following the
17hearing and board review the action to approve any such
18reduction shall require a majority vote of the board members.
19    (b) This subsection (b) applies only to honorable
20dismissals and recalls in which the notice of dismissal is
21provided during the 2011-2012 school term or a subsequent
22school term. If any teacher, whether or not in contractual
23continued service, is removed or dismissed as a result of a
24decision of a school board to decrease the number of teachers
25employed by the board, a decision of a school board to
26discontinue some particular type of teaching service, or a

 

 

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1reduction in the number of programs or positions in a special
2education joint agreement, then written notice must be mailed
3to the teacher and also given to the teacher either by
4certified mail, return receipt requested, or personal delivery
5with receipt at least 45 days before the end of the school
6term, together with a statement of honorable dismissal and the
7reason therefor, and in all such cases the sequence of
8dismissal shall occur in accordance with this subsection (b);
9except that this subsection (b) shall not impair the operation
10of any affirmative action program in the school district,
11regardless of whether it exists by operation of law or is
12conducted on a voluntary basis by the board.
13    Each teacher must be categorized into one or more positions
14for which the teacher is qualified to hold, based upon legal
15qualifications and any other qualifications established in a
16district or joint agreement job description, on or before the
17May 10 prior to the school year during which the sequence of
18dismissal is determined. Within each position and subject to
19agreements made by the joint committee on honorable dismissals
20that are authorized by subsection (c) of this Section, the
21school district or joint agreement must establish 4 groupings
22of teachers or, on or after September 1, 2019, 3 groupings of
23teachers qualified to hold the position as follows:
24        (1) Grouping one shall consist of each teacher who is
25    not in contractual continued service and who (i) has not
26    received a performance evaluation rating, (ii) is employed

 

 

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1    for one school term or less to replace a teacher on leave,
2    or (iii) is employed on a part-time basis. "Part-time
3    basis" for the purposes of this subsection (b) means a
4    teacher who is employed to teach less than a full-day,
5    teacher workload or less than 5 days of the normal student
6    attendance week, unless otherwise provided for in a
7    collective bargaining agreement between the district and
8    the exclusive representative of the district's teachers.
9    For the purposes of this Section, a teacher (A) who is
10    employed as a full-time teacher but who actually teaches or
11    is otherwise present and participating in the district's
12    educational program for less than a school term or (B) who,
13    in the immediately previous school term, was employed on a
14    full-time basis and actually taught or was otherwise
15    present and participated in the district's educational
16    program for 120 days or more is not considered employed on
17    a part-time basis.
18        (2) Grouping 2 shall consist of each teacher with a
19    Needs Improvement or Unsatisfactory performance evaluation
20    rating on either of the teacher's last 2 performance
21    evaluation ratings. On and after September 1, 2019,
22    grouping 2 shall consist of each teacher with an
23    "ineffective" performance evaluation rating on the
24    teacher's most recent performance evaluation rating.
25        (3) Grouping 3 shall consist of each teacher with a
26    performance evaluation rating of at least Satisfactory or

 

 

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1    Proficient on both of the teacher's last 2 performance
2    evaluation ratings, if 2 ratings are available, or on the
3    teacher's last performance evaluation rating, if only one
4    rating is available, unless the teacher qualifies for
5    placement into grouping 4. On and after September 1, 2019,
6    grouping 3 shall consist of each teacher with a performance
7    evaluation rating of "effective" on the teacher's last
8    performance evaluation rating, provided that the teacher
9    did not have an "ineffective" performance evaluation
10    rating on the most recent performance evaluation rating.
11        (4) Grouping 4 shall consist of each teacher whose last
12    2 performance evaluation ratings are Excellent and each
13    teacher with 2 Excellent performance evaluation ratings
14    out of the teacher's last 3 performance evaluation ratings
15    with a third rating of Satisfactory or Proficient.
16    Beginning on September 1, 2019, there is no grouping 4.
17    Among teachers qualified to hold a position, teachers must
18be dismissed in the order of their groupings, with teachers in
19grouping one dismissed first and teachers in grouping 4
20dismissed last. On and after September 1, 2019, teachers in
21grouping one shall be dismissed first, teachers in grouping 2
22dismissed second, and teachers in grouping 3 dismissed last.
23    Prior to September 1, 2019, within Within grouping one, the
24sequence of dismissal must be at the discretion of the school
25district or joint agreement. Within grouping 2, the sequence of
26dismissal must be based upon average performance evaluation

 

 

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1ratings, with the teacher or teachers with the lowest average
2performance evaluation rating dismissed first. A teacher's
3average performance evaluation rating must be calculated using
4the average of the teacher's last 2 performance evaluation
5ratings, if 2 ratings are available, or the teacher's last
6performance evaluation rating, if only one rating is available,
7using the following numerical values: 4 for Excellent; 3 for
8Proficient or Satisfactory; 2 for Needs Improvement; and 1 for
9Unsatisfactory. As between or among teachers in grouping 2 with
10the same average performance evaluation rating and within each
11of groupings 3 and 4, the teacher or teachers with the shorter
12length of continuing service with the school district or joint
13agreement must be dismissed first unless an alternative method
14of determining the sequence of dismissal is established in a
15collective bargaining agreement or contract between the board
16and a professional faculty members' organization. On and after
17September 1, 2019, the sequence of dismissal shall be as
18follows: Within grouping one, the sequence of dismissal must be
19at the discretion of the school district or joint agreement. As
20between or among teachers in groupings 2 and 3, the teacher or
21teachers with the shorter length of continuing service with the
22school district or joint agreement must be dismissed first
23unless an alternative method of determining the sequence of
24dismissal is established in a collective bargaining agreement
25or contract between the board and a professional faculty
26members' organization.

 

 

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1    Each board, including the governing board of a joint
2agreement, shall, in consultation with any exclusive employee
3representatives, each year establish a sequence of honorable
4dismissal list categorized by positions and the groupings
5defined in this subsection (b). Copies of the list showing each
6teacher by name and categorized by positions and the groupings
7defined in this subsection (b) must be distributed to the
8exclusive bargaining representative at least 75 days before the
9end of the school term, provided that the school district or
10joint agreement may, with notice to any exclusive employee
11representatives, move teachers from grouping one into another
12grouping during the period of time from 75 days until 45 days
13before the end of the school term. Each year, each board shall
14also establish, in consultation with any exclusive employee
15representatives, a list showing the length of continuing
16service of each teacher who is qualified to hold any such
17positions, unless an alternative method of determining a
18sequence of dismissal is established as provided for in this
19Section, in which case a list must be made in accordance with
20the alternative method. Copies of the list must be distributed
21to the exclusive employee representative at least 75 days
22before the end of the school term.
23    Any teacher dismissed as a result of such decrease or
24discontinuance must be paid all earned compensation on or
25before the third business day following the last day of pupil
26attendance in the regular school term.

 

 

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1    Prior to September 1, 2019, if If the board or joint
2agreement has any vacancies for the following school term or
3within one calendar year from the beginning of the following
4school term, the positions thereby becoming available must be
5tendered to the teachers so removed or dismissed who were in
6groupings 3 or 4 of the sequence of dismissal and are qualified
7to hold the positions, based upon legal qualifications and any
8other qualifications established in a district or joint
9agreement job description, on or before the May 10 prior to the
10date of the positions becoming available, provided that if the
11number of honorable dismissal notices based on economic
12necessity exceeds 15% of the number of full-time equivalent
13positions filled by certified employees (excluding principals
14and administrative personnel) during the preceding school
15year, then the recall period is for the following school term
16or within 2 calendar years from the beginning of the following
17school term. If the board or joint agreement has any vacancies
18within the period from the beginning of the following school
19term through February 1 of the following school term (unless a
20date later than February 1, but no later than 6 months from the
21beginning of the following school term, is established in a
22collective bargaining agreement), the positions thereby
23becoming available must be tendered to the teachers so removed
24or dismissed who were in grouping 2 of the sequence of
25dismissal due to one "needs improvement" rating on either of
26the teacher's last 2 performance evaluation ratings, provided

 

 

SB3000- 50 -LRB100 18694 AXK 33926 b

1that, if 2 ratings are available, the other performance
2evaluation rating used for grouping purposes is
3"satisfactory", "proficient", or "excellent", and are
4qualified to hold the positions, based upon legal
5qualifications and any other qualifications established in a
6district or joint agreement job description, on or before the
7May 10 prior to the date of the positions becoming available.
8On and after the effective date of this amendatory Act of the
998th General Assembly, the preceding sentence shall apply to
10teachers removed or dismissed by honorable dismissal, even if
11notice of honorable dismissal occurred during the 2013-2014
12school year. Among teachers eligible for recall pursuant to the
13preceding sentence, the order of recall must be in inverse
14order of dismissal, unless an alternative order of recall is
15established in a collective bargaining agreement or contract
16between the board and a professional faculty members'
17organization. Whenever the number of honorable dismissal
18notices based upon economic necessity exceeds 5 notices or 150%
19of the average number of teachers honorably dismissed in the
20preceding 3 years, whichever is more, then the school board or
21governing board of a joint agreement, as applicable, shall also
22hold a public hearing on the question of the dismissals.
23Following the hearing and board review, the action to approve
24any such reduction shall require a majority vote of the board
25members. Beginning on September 1, 2019, if the board or joint
26agreement has any vacancies for the following school term or

 

 

SB3000- 51 -LRB100 18694 AXK 33926 b

1within one calendar year from the beginning of the following
2school term, the positions thereby becoming available must be
3tendered to the teachers so removed or dismissed who were in
4groupings 2 or 3 of the sequence of dismissal and are qualified
5to hold the positions, based upon legal qualifications and any
6other qualifications established in a district or joint
7agreement job description, on or before the May 10 prior to the
8date of the positions becoming available, provided that if the
9number of honorable dismissal notices based on economic
10necessity exceeds 15% of the number of full-time equivalent
11positions filled by licensed employees (excluding principals
12and administrative personnel) during the preceding school
13year, then the recall period is for the following school term
14or within 2 calendar years from the beginning of the following
15school term. Among teachers eligible for recall pursuant to the
16preceding sentence, the order of recall must be in inverse
17order of dismissal, unless an alternative order of recall is
18established in a collective bargaining agreement or contract
19between the board and a professional faculty members'
20organization.
21    For purposes of this subsection (b), subject to agreement
22on an alternative definition reached by the joint committee
23described in subsection (c) of this Section, a teacher's
24performance evaluation rating means the overall performance
25evaluation rating resulting from an annual or biennial
26performance evaluation conducted pursuant to Article 24A of

 

 

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1this Code by the school district or joint agreement determining
2the sequence of dismissal, not including any performance
3evaluation conducted during or at the end of a remediation
4period. No more than one evaluation rating each school term
5shall be one of the evaluation ratings used for the purpose of
6determining the sequence of dismissal. Except as otherwise
7provided in this subsection for any performance evaluations
8conducted during or at the end of a remediation period, if
9multiple performance evaluations are conducted in a school
10term, only the rating from the last evaluation conducted prior
11to establishing the sequence of honorable dismissal list in
12such school term shall be the one evaluation rating from that
13school term used for the purpose of determining the sequence of
14dismissal. Averaging ratings from multiple evaluations is not
15permitted unless otherwise agreed to in a collective bargaining
16agreement or contract between the board and a professional
17faculty members' organization. The preceding 3 sentences are
18not a legislative declaration that existing law does or does
19not already require that only one performance evaluation each
20school term shall be used for the purpose of determining the
21sequence of dismissal. For performance evaluation ratings
22determined prior to September 1, 2012, any school district or
23joint agreement with a performance evaluation rating system
24that does not use either of the rating category systems
25specified in subsection (d) of Section 24A-5 of this Code for
26all teachers must establish a basis for assigning each teacher

 

 

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1a rating that complies with subsection (d) of Section 24A-5 of
2this Code for all of the performance evaluation ratings that
3are to be used to determine the sequence of dismissal. A
4teacher's grouping and ranking on a sequence of honorable
5dismissal shall be deemed a part of the teacher's performance
6evaluation, and that information shall be disclosed to the
7exclusive bargaining representative as part of a sequence of
8honorable dismissal list, notwithstanding any laws prohibiting
9disclosure of such information. A performance evaluation
10rating may be used to determine the sequence of dismissal,
11notwithstanding the pendency of any grievance resolution or
12arbitration procedures relating to the performance evaluation.
13If a teacher has received at least one performance evaluation
14rating conducted by the school district or joint agreement
15determining the sequence of dismissal and a subsequent
16performance evaluation is not conducted in any school year in
17which such evaluation is required to be conducted under Section
1824A-5 of this Code, the teacher's performance evaluation rating
19for that school year for purposes of determining the sequence
20of dismissal is deemed Proficient or, on or after September 1,
212019, effective. If a performance evaluation rating is
22nullified as the result of an arbitration, administrative
23agency, or court determination, then the school district or
24joint agreement is deemed to have conducted a performance
25evaluation for that school year, but the performance evaluation
26rating may not be used in determining the sequence of

 

 

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1dismissal.
2    Nothing in this subsection (b) shall be construed as
3limiting the right of a school board or governing board of a
4joint agreement to dismiss a teacher not in contractual
5continued service in accordance with Section 24-11 of this
6Code.
7    Any provisions regarding the sequence of honorable
8dismissals and recall of honorably dismissed teachers in a
9collective bargaining agreement entered into on or before
10January 1, 2011 and in effect on the effective date of this
11amendatory Act of the 97th General Assembly that may conflict
12with this amendatory Act of the 97th General Assembly shall
13remain in effect through the expiration of such agreement or
14June 30, 2013, whichever is earlier.
15    (c) Each school district and special education joint
16agreement must use a joint committee composed of equal
17representation selected by the school board and its teachers
18or, if applicable, the exclusive bargaining representative of
19its teachers, to address the matters described in paragraphs
20(1) through (5) of this subsection (c) pertaining to honorable
21dismissals under subsection (b) of this Section.
22        (1) Prior to September 1, 2019, the The joint committee
23    must consider and may agree to criteria for excluding from
24    grouping 2 and placing into grouping 3 a teacher whose last
25    2 performance evaluations include a Needs Improvement and
26    either a Proficient or Excellent.

 

 

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1        (2) Prior to September 1, 2019, the The joint committee
2    must consider and may agree to an alternative definition
3    for grouping 4, which definition must take into account
4    prior performance evaluation ratings and may take into
5    account other factors that relate to the school district's
6    or program's educational objectives. An alternative
7    definition for grouping 4 may not permit the inclusion of a
8    teacher in the grouping with a Needs Improvement or
9    Unsatisfactory performance evaluation rating on either of
10    the teacher's last 2 performance evaluation ratings.
11        (3) The joint committee may agree to including within
12    the definition of a performance evaluation rating a
13    performance evaluation rating administered by a school
14    district or joint agreement other than the school district
15    or joint agreement determining the sequence of dismissal.
16        (4) For each school district or joint agreement that
17    administers performance evaluation ratings that are
18    inconsistent with either of the rating category systems
19    specified in subsection (d) of Section 24A-5 of this Code,
20    the school district or joint agreement must consult with
21    the joint committee on the basis for assigning a rating
22    that complies with subsection (d) of Section 24A-5 of this
23    Code to each performance evaluation rating that will be
24    used in a sequence of dismissal.
25        (5) Upon request by a joint committee member submitted
26    to the employing board by no later than 10 days after the

 

 

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1    distribution of the sequence of honorable dismissal list, a
2    representative of the employing board shall, within 5 days
3    after the request, provide to members of the joint
4    committee a list showing the most recent and prior
5    performance evaluation ratings of each teacher identified
6    only by length of continuing service in the district or
7    joint agreement and not by name. If, after review of this
8    list, a member of the joint committee has a good faith
9    belief that a disproportionate number of teachers with
10    greater length of continuing service with the district or
11    joint agreement have received a recent performance
12    evaluation rating lower than the prior rating, the member
13    may request that the joint committee review the list to
14    assess whether such a trend may exist. Following the joint
15    committee's review, but by no later than the end of the
16    applicable school term, the joint committee or any member
17    or members of the joint committee may submit a report of
18    the review to the employing board and exclusive bargaining
19    representative, if any. Nothing in this paragraph (5) shall
20    impact the order of honorable dismissal or a school
21    district's or joint agreement's authority to carry out a
22    dismissal in accordance with subsection (b) of this
23    Section.
24    Agreement by the joint committee as to a matter requires
25the majority vote of all committee members, and if the joint
26committee does not reach agreement on a matter, then the

 

 

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1otherwise applicable requirements of subsection (b) of this
2Section shall apply. Except as explicitly set forth in this
3subsection (c), a joint committee has no authority to agree to
4any further modifications to the requirements for honorable
5dismissals set forth in subsection (b) of this Section. The
6joint committee must be established, and the first meeting of
7the joint committee each school year must occur on or before
8December 1.
9    The joint committee must reach agreement on a matter on or
10before February 1 of a school year in order for the agreement
11of the joint committee to apply to the sequence of dismissal
12determined during that school year. Subject to the February 1
13deadline for agreements, the agreement of a joint committee on
14a matter shall apply to the sequence of dismissal until the
15agreement is amended or terminated by the joint committee.
16    The Open Meetings Act does not apply to a joint committee
17as provided in Section 18 of the Illinois Educational Labor
18Relations Act.
19    (d) Notwithstanding anything to the contrary in this
20subsection (d), the requirements and dismissal procedures of
21Section 24-16.5 of this Code shall apply to any dismissal
22sought under Section 24-16.5 of this Code.
23        (1) If a dismissal of a teacher in contractual
24    continued service is sought for any reason or cause other
25    than an honorable dismissal under subsections (a) or (b) of
26    this Section or a dismissal sought under Section 24-16.5 of

 

 

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1    this Code, including those under Section 10-22.4, the board
2    must first approve a motion containing specific charges by
3    a majority vote of all its members. Written notice of such
4    charges, including a bill of particulars and the teacher's
5    right to request a hearing, must be mailed to the teacher
6    and also given to the teacher either by certified mail,
7    return receipt requested, or personal delivery with
8    receipt within 5 days of the adoption of the motion. Any
9    written notice sent on or after July 1, 2012 shall inform
10    the teacher of the right to request a hearing before a
11    mutually selected hearing officer, with the cost of the
12    hearing officer split equally between the teacher and the
13    board, or a hearing before a board-selected hearing
14    officer, with the cost of the hearing officer paid by the
15    board.
16        Before setting a hearing on charges stemming from
17    causes that are considered remediable, a board must give
18    the teacher reasonable warning in writing, stating
19    specifically the causes that, if not removed, may result in
20    charges; however, no such written warning is required if
21    the causes have been the subject of a remediation plan
22    pursuant to Article 24A of this Code.
23        If, in the opinion of the board, the interests of the
24    school require it, the board may suspend the teacher
25    without pay, pending the hearing, but if the board's
26    dismissal or removal is not sustained, the teacher shall

 

 

SB3000- 59 -LRB100 18694 AXK 33926 b

1    not suffer the loss of any salary or benefits by reason of
2    the suspension.
3        (2) No hearing upon the charges is required unless the
4    teacher within 17 days after receiving notice requests in
5    writing of the board that a hearing be scheduled before a
6    mutually selected hearing officer or a hearing officer
7    selected by the board. The secretary of the school board
8    shall forward a copy of the notice to the State Board of
9    Education.
10        (3) Within 5 business days after receiving a notice of
11    hearing in which either notice to the teacher was sent
12    before July 1, 2012 or, if the notice was sent on or after
13    July 1, 2012, the teacher has requested a hearing before a
14    mutually selected hearing officer, the State Board of
15    Education shall provide a list of 5 prospective, impartial
16    hearing officers from the master list of qualified,
17    impartial hearing officers maintained by the State Board of
18    Education. Each person on the master list must (i) be
19    accredited by a national arbitration organization and have
20    had a minimum of 5 years of experience directly related to
21    labor and employment relations matters between employers
22    and employees or their exclusive bargaining
23    representatives and (ii) beginning September 1, 2012, have
24    participated in training provided or approved by the State
25    Board of Education for teacher dismissal hearing officers
26    so that he or she is familiar with issues generally

 

 

SB3000- 60 -LRB100 18694 AXK 33926 b

1    involved in evaluative and non-evaluative dismissals.
2        If notice to the teacher was sent before July 1, 2012
3    or, if the notice was sent on or after July 1, 2012, the
4    teacher has requested a hearing before a mutually selected
5    hearing officer, the board and the teacher or their legal
6    representatives within 3 business days shall alternately
7    strike one name from the list provided by the State Board
8    of Education until only one name remains. Unless waived by
9    the teacher, the teacher shall have the right to proceed
10    first with the striking. Within 3 business days of receipt
11    of the list provided by the State Board of Education, the
12    board and the teacher or their legal representatives shall
13    each have the right to reject all prospective hearing
14    officers named on the list and notify the State Board of
15    Education of such rejection. Within 3 business days after
16    receiving this notification, the State Board of Education
17    shall appoint a qualified person from the master list who
18    did not appear on the list sent to the parties to serve as
19    the hearing officer, unless the parties notify it that they
20    have chosen to alternatively select a hearing officer under
21    paragraph (4) of this subsection (d).
22        If the teacher has requested a hearing before a hearing
23    officer selected by the board, the board shall select one
24    name from the master list of qualified impartial hearing
25    officers maintained by the State Board of Education within
26    3 business days after receipt and shall notify the State

 

 

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1    Board of Education of its selection.
2        A hearing officer mutually selected by the parties,
3    selected by the board, or selected through an alternative
4    selection process under paragraph (4) of this subsection
5    (d) (A) must not be a resident of the school district, (B)
6    must be available to commence the hearing within 75 days
7    and conclude the hearing within 120 days after being
8    selected as the hearing officer, and (C) must issue a
9    decision as to whether the teacher must be dismissed and
10    give a copy of that decision to both the teacher and the
11    board within 30 days from the conclusion of the hearing or
12    closure of the record, whichever is later.
13        (4) In the alternative to selecting a hearing officer
14    from the list received from the State Board of Education or
15    accepting the appointment of a hearing officer by the State
16    Board of Education or if the State Board of Education
17    cannot provide a list or appoint a hearing officer that
18    meets the foregoing requirements, the board and the teacher
19    or their legal representatives may mutually agree to select
20    an impartial hearing officer who is not on the master list
21    either by direct appointment by the parties or by using
22    procedures for the appointment of an arbitrator
23    established by the Federal Mediation and Conciliation
24    Service or the American Arbitration Association. The
25    parties shall notify the State Board of Education of their
26    intent to select a hearing officer using an alternative

 

 

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1    procedure within 3 business days of receipt of a list of
2    prospective hearing officers provided by the State Board of
3    Education, notice of appointment of a hearing officer by
4    the State Board of Education, or receipt of notice from the
5    State Board of Education that it cannot provide a list that
6    meets the foregoing requirements, whichever is later.
7        (5) If the notice of dismissal was sent to the teacher
8    before July 1, 2012, the fees and costs for the hearing
9    officer must be paid by the State Board of Education. If
10    the notice of dismissal was sent to the teacher on or after
11    July 1, 2012, the hearing officer's fees and costs must be
12    paid as follows in this paragraph (5). The fees and
13    permissible costs for the hearing officer must be
14    determined by the State Board of Education. If the board
15    and the teacher or their legal representatives mutually
16    agree to select an impartial hearing officer who is not on
17    a list received from the State Board of Education, they may
18    agree to supplement the fees determined by the State Board
19    to the hearing officer, at a rate consistent with the
20    hearing officer's published professional fees. If the
21    hearing officer is mutually selected by the parties, then
22    the board and the teacher or their legal representatives
23    shall each pay 50% of the fees and costs and any
24    supplemental allowance to which they agree. If the hearing
25    officer is selected by the board, then the board shall pay
26    100% of the hearing officer's fees and costs. The fees and

 

 

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1    costs must be paid to the hearing officer within 14 days
2    after the board and the teacher or their legal
3    representatives receive the hearing officer's decision set
4    forth in paragraph (7) of this subsection (d).
5        (6) The teacher is required to answer the bill of
6    particulars and aver affirmative matters in his or her
7    defense, and the time for initially doing so and the time
8    for updating such answer and defenses after pre-hearing
9    discovery must be set by the hearing officer. The State
10    Board of Education shall promulgate rules so that each
11    party has a fair opportunity to present its case and to
12    ensure that the dismissal process proceeds in a fair and
13    expeditious manner. These rules shall address, without
14    limitation, discovery and hearing scheduling conferences;
15    the teacher's initial answer and affirmative defenses to
16    the bill of particulars and the updating of that
17    information after pre-hearing discovery; provision for
18    written interrogatories and requests for production of
19    documents; the requirement that each party initially
20    disclose to the other party and then update the disclosure
21    no later than 10 calendar days prior to the commencement of
22    the hearing, the names and addresses of persons who may be
23    called as witnesses at the hearing, a summary of the facts
24    or opinions each witness will testify to, and all other
25    documents and materials, including information maintained
26    electronically, relevant to its own as well as the other

 

 

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1    party's case (the hearing officer may exclude witnesses and
2    exhibits not identified and shared, except those offered in
3    rebuttal for which the party could not reasonably have
4    anticipated prior to the hearing); pre-hearing discovery
5    and preparation, including provision for written
6    interrogatories and requests for production of documents,
7    provided that discovery depositions are prohibited; the
8    conduct of the hearing; the right of each party to be
9    represented by counsel, the offer of evidence and witnesses
10    and the cross-examination of witnesses; the authority of
11    the hearing officer to issue subpoenas and subpoenas duces
12    tecum, provided that the hearing officer may limit the
13    number of witnesses to be subpoenaed on behalf of each
14    party to no more than 7; the length of post-hearing briefs;
15    and the form, length, and content of hearing officers'
16    decisions. The hearing officer shall hold a hearing and
17    render a final decision for dismissal pursuant to Article
18    24A of this Code or shall report to the school board
19    findings of fact and a recommendation as to whether or not
20    the teacher must be dismissed for conduct. The hearing
21    officer shall commence the hearing within 75 days and
22    conclude the hearing within 120 days after being selected
23    as the hearing officer, provided that the hearing officer
24    may modify these timelines upon the showing of good cause
25    or mutual agreement of the parties. Good cause for the
26    purpose of this subsection (d) shall mean the illness or

 

 

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1    otherwise unavoidable emergency of the teacher, district
2    representative, their legal representatives, the hearing
3    officer, or an essential witness as indicated in each
4    party's pre-hearing submission. In a dismissal hearing
5    pursuant to Article 24A of this Code, the hearing officer
6    shall consider and give weight to all of the teacher's
7    evaluations written pursuant to Article 24A that are
8    relevant to the issues in the hearing.
9        Each party shall have no more than 3 days to present
10    its case, unless extended by the hearing officer to enable
11    a party to present adequate evidence and testimony,
12    including due to the other party's cross-examination of the
13    party's witnesses, for good cause or by mutual agreement of
14    the parties. The State Board of Education shall define in
15    rules the meaning of "day" for such purposes. All testimony
16    at the hearing shall be taken under oath administered by
17    the hearing officer. The hearing officer shall cause a
18    record of the proceedings to be kept and shall employ a
19    competent reporter to take stenographic or stenotype notes
20    of all the testimony. The costs of the reporter's
21    attendance and services at the hearing shall be paid by the
22    party or parties who are responsible for paying the fees
23    and costs of the hearing officer. Either party desiring a
24    transcript of the hearing shall pay for the cost thereof.
25    Any post-hearing briefs must be submitted by the parties by
26    no later than 21 days after a party's receipt of the

 

 

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1    transcript of the hearing, unless extended by the hearing
2    officer for good cause or by mutual agreement of the
3    parties.
4        (7) The hearing officer shall, within 30 days from the
5    conclusion of the hearing or closure of the record,
6    whichever is later, make a decision as to whether or not
7    the teacher shall be dismissed pursuant to Article 24A of
8    this Code or report to the school board findings of fact
9    and a recommendation as to whether or not the teacher shall
10    be dismissed for cause and shall give a copy of the
11    decision or findings of fact and recommendation to both the
12    teacher and the school board. If a hearing officer fails
13    without good cause, specifically provided in writing to
14    both parties and the State Board of Education, to render a
15    decision or findings of fact and recommendation within 30
16    days after the hearing is concluded or the record is
17    closed, whichever is later, the parties may mutually agree
18    to select a hearing officer pursuant to the alternative
19    procedure, as provided in this Section, to rehear the
20    charges heard by the hearing officer who failed to render a
21    decision or findings of fact and recommendation or to
22    review the record and render a decision. If any hearing
23    officer fails without good cause, specifically provided in
24    writing to both parties and the State Board of Education,
25    to render a decision or findings of fact and recommendation
26    within 30 days after the hearing is concluded or the record

 

 

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1    is closed, whichever is later, the hearing officer shall be
2    removed from the master list of hearing officers maintained
3    by the State Board of Education for not more than 24
4    months. The parties and the State Board of Education may
5    also take such other actions as it deems appropriate,
6    including recovering, reducing, or withholding any fees
7    paid or to be paid to the hearing officer. If any hearing
8    officer repeats such failure, he or she must be permanently
9    removed from the master list maintained by the State Board
10    of Education and may not be selected by parties through the
11    alternative selection process under this paragraph (7) or
12    paragraph (4) of this subsection (d). The board shall not
13    lose jurisdiction to discharge a teacher if the hearing
14    officer fails to render a decision or findings of fact and
15    recommendation within the time specified in this Section.
16    If the decision of the hearing officer for dismissal
17    pursuant to Article 24A of this Code or of the school board
18    for dismissal for cause is in favor of the teacher, then
19    the hearing officer or school board shall order
20    reinstatement to the same or substantially equivalent
21    position and shall determine the amount for which the
22    school board is liable, including, but not limited to, loss
23    of income and benefits.
24        (8) The school board, within 45 days after receipt of
25    the hearing officer's findings of fact and recommendation
26    as to whether (i) the conduct at issue occurred, (ii) the

 

 

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1    conduct that did occur was remediable, and (iii) the
2    proposed dismissal should be sustained, shall issue a
3    written order as to whether the teacher must be retained or
4    dismissed for cause from its employ. The school board's
5    written order shall incorporate the hearing officer's
6    findings of fact, except that the school board may modify
7    or supplement the findings of fact if, in its opinion, the
8    findings of fact are against the manifest weight of the
9    evidence.
10        If the school board dismisses the teacher
11    notwithstanding the hearing officer's findings of fact and
12    recommendation, the school board shall make a conclusion in
13    its written order, giving its reasons therefor, and such
14    conclusion and reasons must be included in its written
15    order. The failure of the school board to strictly adhere
16    to the timelines contained in this Section shall not render
17    it without jurisdiction to dismiss the teacher. The school
18    board shall not lose jurisdiction to discharge the teacher
19    for cause if the hearing officer fails to render a
20    recommendation within the time specified in this Section.
21    The decision of the school board is final, unless reviewed
22    as provided in paragraph (9) of this subsection (d).
23        If the school board retains the teacher, the school
24    board shall enter a written order stating the amount of
25    back pay and lost benefits, less mitigation, to be paid to
26    the teacher, within 45 days after its retention order.

 

 

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1    Should the teacher object to the amount of the back pay and
2    lost benefits or amount mitigated, the teacher shall give
3    written objections to the amount within 21 days. If the
4    parties fail to reach resolution within 7 days, the dispute
5    shall be referred to the hearing officer, who shall
6    consider the school board's written order and teacher's
7    written objection and determine the amount to which the
8    school board is liable. The costs of the hearing officer's
9    review and determination must be paid by the board.
10        (9) The decision of the hearing officer pursuant to
11    Article 24A of this Code or of the school board's decision
12    to dismiss for cause is final unless reviewed as provided
13    in Section 24-16 of this Act. If the school board's
14    decision to dismiss for cause is contrary to the hearing
15    officer's recommendation, the court on review shall give
16    consideration to the school board's decision and its
17    supplemental findings of fact, if applicable, and the
18    hearing officer's findings of fact and recommendation in
19    making its decision. In the event such review is
20    instituted, the school board shall be responsible for
21    preparing and filing the record of proceedings, and such
22    costs associated therewith must be divided equally between
23    the parties.
24        (10) If a decision of the hearing officer for dismissal
25    pursuant to Article 24A of this Code or of the school board
26    for dismissal for cause is adjudicated upon review or

 

 

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1    appeal in favor of the teacher, then the trial court shall
2    order reinstatement and shall remand the matter to the
3    school board with direction for entry of an order setting
4    the amount of back pay, lost benefits, and costs, less
5    mitigation. The teacher may challenge the school board's
6    order setting the amount of back pay, lost benefits, and
7    costs, less mitigation, through an expedited arbitration
8    procedure, with the costs of the arbitrator borne by the
9    school board.
10        Any teacher who is reinstated by any hearing or
11    adjudication brought under this Section shall be assigned
12    by the board to a position substantially similar to the one
13    which that teacher held prior to that teacher's suspension
14    or dismissal.
15        (11) Subject to any later effective date referenced in
16    this Section for a specific aspect of the dismissal
17    process, the changes made by Public Act 97-8 shall apply to
18    dismissals instituted on or after September 1, 2011. Any
19    dismissal instituted prior to September 1, 2011 must be
20    carried out in accordance with the requirements of this
21    Section prior to amendment by Public Act 97-8.
22    (e) Nothing contained in this amendatory Act of the 98th
23General Assembly repeals, supersedes, invalidates, or
24nullifies final decisions in lawsuits pending on the effective
25date of this amendatory Act of the 98th General Assembly in
26Illinois courts involving the interpretation of Public Act

 

 

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197-8.
2(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,
3eff. 7-20-15.)
 
4    (105 ILCS 5/24-16.5)
5    Sec. 24-16.5. Optional alternative evaluative dismissal
6process for PERA evaluations.
7    (a) As used in this Section:
8    "Applicable hearing requirements" means (i) for any school
9district having less than 500,000 inhabitants or a program of a
10special education joint agreement, those procedures and
11requirements relating to a teacher's request for a hearing,
12selection of a hearing officer, pre-hearing and hearing
13procedures, and post-hearing briefs set forth in paragraphs (1)
14through (6) of subsection (d) of Section 24-12 of this Code or
15(ii) for a school district having 500,000 inhabitants or more,
16those procedures and requirements relating to a teacher's
17request for a hearing, selection of a hearing officer,
18pre-hearing and hearing procedures, and post-hearing briefs
19set forth in paragraphs (1) through (5) of subsection (a) of
20Section 34-85 of this Code.
21    "Board" means, for a school district having less than
22500,000 inhabitants or a program of a special education joint
23agreement, the board of directors, board of education, or board
24of school inspectors, as the case may be. For a school district
25having 500,000 inhabitants or more, "board" means the Chicago

 

 

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1Board of Education.
2    "Evaluator" means an evaluator, as defined in Section
324A-2.5 of this Code, who has successfully completed the
4pre-qualification program described in subsection (b) of
5Section 24A-3 of this Code.
6    "PERA-trained board member" means a member of a board that
7has completed a training program on PERA evaluations either
8administered or approved by the State Board of Education.
9    "PERA evaluation" means a performance evaluation of a
10teacher after the implementation date of an evaluation system
11for teachers, as specified by Section 24A-2.5 of this Code,
12using a performance evaluation instrument and process that
13meets the minimum requirements for teacher evaluation
14instruments and processes set forth in rules adopted by the
15State Board of Education to implement Public Act 96-861.
16    "Remediation" means the remediation plan, mid-point and
17final evaluations, and related processes and requirements set
18forth in subdivisions (i), (j), and (k) of Section 24A-5 of
19this Code.
20    "School district" means a school district or a program of a
21special education joint agreement.
22    "Second evaluator" means an evaluator who either conducts
23the mid-point and final remediation evaluation or conducts an
24independent assessment of whether the teacher completed the
25remediation plan with a rating equal to or better than a
26"Proficient" rating or, on and after September 1, 2019, equal

 

 

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1to an "effective" rating, all in accordance with subdivision
2(c) of this Section.
3    "Student growth components" means the components of a
4performance evaluation plan described in subdivision (c) of
5Section 24A-5 of this Code, as may be supplemented by
6administrative rules adopted by the State Board of Education.
7    "Teacher practice components" means the components of a
8performance evaluation plan described in subdivisions (a) and
9(b) of Section 24A-5 of this Code, as may be supplemented by
10administrative rules adopted by the State Board of Education.
11    "Teacher representatives" means the exclusive bargaining
12representative of a school district's teachers or, if no
13exclusive bargaining representatives exists, a representative
14committee selected by teachers.
15    (b) This Section applies to all school districts, including
16those having 500,000 or more inhabitants. The optional
17dismissal process set forth in this Section is an alternative
18to those set forth in Sections 24-12 and 34-85 of this Code.
19Nothing in this Section is intended to change the existing
20practices or precedents under Section 24-12 or 34-85 of this
21Code, nor shall this Section be interpreted as implying
22standards and procedures that should or must be used as part of
23a remediation that precedes a dismissal sought under Section
2424-12 or 34-85 of this Code.
25    A board may dismiss a teacher who has entered upon
26contractual continued service under this Section if the

 

 

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1following are met:
2        (1) the cause of dismissal is that the teacher has
3    failed to complete a remediation plan with a rating equal
4    to or better than a "Proficient" or, on and after September
5    1, 2019, "effective" rating;
6        (2) the "Unsatisfactory" or, on and after September 1,
7    2019, "ineffective" performance evaluation rating that
8    preceded remediation resulted from a PERA evaluation; and
9        (3) the school district has complied with subsection
10    (c) of this Section.
11    A school district may not, through agreement with a teacher
12or its teacher representatives, waive its right to dismiss a
13teacher under this Section.
14    (c) Each school district electing to use the dismissal
15process set forth in this Section must comply with the
16pre-remediation and remediation activities and requirements
17set forth in this subsection (c).
18        (1) Before a school district's first remediation
19    relating to a dismissal under this Section, the school
20    district must create and establish a list of at least 2
21    evaluators who will be available to serve as second
22    evaluators under this Section. The school district shall
23    provide its teacher representatives with an opportunity to
24    submit additional names of teacher evaluators who will be
25    available to serve as second evaluators and who will be
26    added to the list created and established by the school

 

 

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1    district, provided that, unless otherwise agreed to by the
2    school district, the teacher representatives may not
3    submit more teacher evaluators for inclusion on the list
4    than the number of evaluators submitted by the school
5    district. Each teacher evaluator must either have (i)
6    National Board of Professional Teaching Standards
7    certification, with no "Unsatisfactory" or "Needs
8    Improvement" or, on and after September 1, 2019,
9    "ineffective" performance evaluating ratings in his or her
10    2 most recent performance evaluation ratings; or (ii)
11    "Excellent" or, on and after September 1, 2019, "effective"
12    performance evaluation ratings in 2 of his or her 3 most
13    recent performance evaluations, with no "Needs
14    Improvement" or "Unsatisfactory" or, on and after
15    September 1, 2019, "ineffective" 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 list
20    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

 

 

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1    district shall, in good faith cooperation with its teacher
2    representatives, establish a process for the selection of a
3    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 the
13    grounds that the process used by the school district to
14    select a second evaluator was not established in good faith
15    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 the
20    selection process established pursuant to paragraph (2) of
21    this subsection (c). The selected second evaluator may not
22    be the same individual who determined the teacher's
23    "Unsatisfactory" or, on and after September 1, 2019,
24    "ineffective" performance evaluation rating preceding
25    remediation, and, if the second evaluator is an
26    administrator, may not be a direct report to the individual

 

 

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1    who determined the teacher's "Unsatisfactory" or, on and
2    after September 1, 2019, "ineffective" performance
3    evaluation rating preceding remediation. The school
4    district's authority to select a second evaluator from the
5    list of second evaluators must not be delegated or limited
6    through any agreement with the teacher representatives,
7    provided that nothing shall prohibit a school district and
8    its teacher representatives from agreeing to a formal peer
9    evaluation process as permitted under Article 24A of this
10    Code that could be used to meet the requirements for the
11    selection of second evaluators under this subsection (c).
12        (4) The second evaluator selected pursuant to
13    paragraph (3) of this subsection (c) must either (i)
14    conduct the mid-point and final evaluation during
15    remediation or (ii) conduct an independent assessment of
16    whether the teacher completed the remediation plan with a
17    rating equal to or better than a "Proficient" or, on and
18    after September 1, 2019, "effective" rating, which
19    independent assessment shall include, but is not limited
20    to, personal or video-recorded observations of the teacher
21    that relate to the teacher practice components of the
22    remediation plan. Nothing in this subsection (c) shall be
23    construed to limit or preclude the participation of the
24    evaluator who rated a teacher as "Unsatisfactory" or, on
25    and after September 1, 2019, "ineffective" in remediation.
26    (d) To institute a dismissal proceeding under this Section,

 

 

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1the board must first provide written notice to the teacher
2within 30 days after the completion of the final remediation
3evaluation. The notice shall comply with the applicable hearing
4requirements and, in addition, must specify that dismissal is
5sought under this Section and include a copy of each
6performance evaluation relating to the scope of the hearing as
7described in this subsection (d).
8    The applicable hearing requirements shall apply to the
9teacher's request for a hearing, the selection and
10qualifications of the hearing officer, and pre-hearing and
11hearing procedures, except that all of the following must be
12met:
13        (1) The hearing officer must, in addition to meeting
14    the qualifications set forth in the applicable hearing
15    requirements, have successfully completed the
16    pre-qualification program described in subsection (b) of
17    Section 24A-3 of this Code, unless the State Board of
18    Education waives this requirement to provide an adequate
19    pool of hearing officers for consideration.
20        (2) The scope of the hearing must be limited as
21    follows:
22            (A) The school district must demonstrate the
23        following:
24                (i) that the "Unsatisfactory" or, on and after
25            September 1, 2019, "ineffective" performance
26            evaluation rating that preceded remediation

 

 

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1            applied the teacher practice components and
2            student growth components and determined an
3            overall evaluation rating of "Unsatisfactory" or,
4            on and after September 1, 2019, "ineffective" in
5            accordance with the standards and requirements of
6            the school district's evaluation plan;
7                (ii) that the remediation plan complied with
8            the requirements of Section 24A-5 of this Code;
9                (iii) that the teacher failed to complete the
10            remediation plan with a performance evaluation
11            rating equal to or better than a "Proficient" or,
12            on and after September 1, 2019, "effective"
13            rating, based upon a final remediation evaluation
14            meeting the applicable standards and requirements
15            of the school district's evaluation plan; and
16                (iv) that if the second evaluator selected
17            pursuant to paragraph (3) of subsection (c) of this
18            Section does not conduct the mid-point and final
19            evaluation and makes an independent assessment
20            that the teacher completed the remediation plan
21            with a rating equal to or better than a
22            "Proficient" or, on and after September 1, 2019,
23            "effective" rating, the school district must
24            demonstrate that the final remediation evaluation
25            is a more valid assessment of the teacher's
26            performance than the assessment made by the second

 

 

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1            evaluator.
2            (B) The teacher may only challenge the substantive
3        and procedural aspects of (i) the "Unsatisfactory" or,
4        on and after September 1, 2019, "ineffective"
5        performance evaluation rating that led to the
6        remediation, (ii) the remediation plan, and (iii) the
7        final remediation evaluation. To the extent the
8        teacher challenges procedural aspects, including any
9        in applicable collective bargaining agreement
10        provisions, of a relevant performance evaluation
11        rating or the remediation plan, the teacher must
12        demonstrate how an alleged procedural defect
13        materially affected the teacher's ability to
14        demonstrate a level of performance necessary to avoid
15        remediation or dismissal or successfully complete the
16        remediation plan. Without any such material effect, a
17        procedural defect shall not impact the assessment by
18        the hearing officer, board, or reviewing court of the
19        validity of a performance evaluation or a remediation
20        plan.
21            (C) The hearing officer shall only consider and
22        give weight to performance evaluations relevant to the
23        scope of the hearing as described in clauses (A) and
24        (B) of this subdivision (2).
25        (3) Each party shall be given only 2 days to present
26    evidence and testimony relating to the scope of the

 

 

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1    hearing, unless a longer period is mutually agreed to by
2    the parties or deemed necessary by the hearing officer to
3    enable a party to present adequate evidence and testimony
4    to address the scope of the hearing, including due to the
5    other party's cross-examination of the party's witnesses.
6    (e) The provisions of Sections 24-12 and 34-85 pertaining
7to the decision or recommendation of the hearing officer do not
8apply to dismissal proceedings under this Section. For any
9dismissal proceedings under this Section, the hearing officer
10shall not issue a decision, and shall issue only findings of
11fact and a recommendation, including the reasons therefor, to
12the board to either retain or dismiss the teacher and shall
13give a copy of the report to both the teacher and the
14superintendent of the school district. The hearing officer's
15findings of fact and recommendation must be issued within 30
16days from the close of the record of the hearing.
17    The State Board of Education shall adopt rules regarding
18the length of the hearing officer's findings of fact and
19recommendation. If a hearing officer fails without good cause,
20specifically provided in writing to both parties and the State
21Board of Education, to render a recommendation within 30 days
22after the hearing is concluded or the record is closed,
23whichever is later, the parties may mutually agree to select a
24hearing officer pursuant to the alternative procedure, as
25provided in Section 24-12 or 34-85, to rehear the charges heard
26by the hearing officer who failed to render a recommendation or

 

 

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1to review the record and render a recommendation. If any
2hearing officer fails without good cause, specifically
3provided in writing to both parties and the State Board of
4Education, to render a recommendation within 30 days after the
5hearing is concluded or the record is closed, whichever is
6later, the hearing officer shall be removed from the master
7list of hearing officers maintained by the State Board of
8Education for not more than 24 months. The parties and the
9State Board of Education may also take such other actions as it
10deems appropriate, including recovering, reducing, or
11withholding any fees paid or to be paid to the hearing officer.
12If any hearing officer repeats such failure, he or she shall be
13permanently removed from the master list of hearing officers
14maintained by the State Board of Education.
15    (f) The board, within 45 days after receipt of the hearing
16officer's findings of fact and recommendation, shall decide,
17through adoption of a written order, whether the teacher must
18be dismissed from its employ or retained, provided that only
19PERA-trained board members may participate in the vote with
20respect to the decision.
21    If the board dismisses the teacher notwithstanding the
22hearing officer's recommendation of retention, the board shall
23make a conclusion, giving its reasons therefor, and such
24conclusion and reasons must be included in its written order.
25The failure of the board to strictly adhere to the timelines
26contained in this Section does not render it without

 

 

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1jurisdiction to dismiss the teacher. The board shall not lose
2jurisdiction to discharge the teacher if the hearing officer
3fails to render a recommendation within the time specified in
4this Section. The decision of the board is final, unless
5reviewed as provided in subsection (g) of this Section.
6    If the board retains the teacher, the board shall enter a
7written order stating the amount of back pay and lost benefits,
8less mitigation, to be paid to the teacher, within 45 days of
9its retention order.
10    (g) A teacher dismissed under this Section may apply for
11and obtain judicial review of a decision of the board in
12accordance with the provisions of the Administrative Review
13Law, except as follows:
14        (1) for a teacher dismissed by a school district having
15    500,000 inhabitants or more, such judicial review must be
16    taken directly to the appellate court of the judicial
17    district in which the board maintains its primary
18    administrative office, and any direct appeal to the
19    appellate court must be filed within 35 days from the date
20    that a copy of the decision sought to be reviewed was
21    served upon the teacher;
22        (2) for a teacher dismissed by a school district having
23    less than 500,000 inhabitants after the hearing officer
24    recommended dismissal, such judicial review must be taken
25    directly to the appellate court of the judicial district in
26    which the board maintains its primary administrative

 

 

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1    office, and any direct appeal to the appellate court must
2    be filed within 35 days from the date that a copy of the
3    decision sought to be reviewed was served upon the teacher;
4    and
5        (3) for all school districts, if the hearing officer
6    recommended dismissal, the decision of the board may be
7    reversed only if it is found to be arbitrary, capricious,
8    an abuse of discretion, or not in accordance with law.
9    In the event judicial review is instituted by a teacher,
10any costs of preparing and filing the record of proceedings
11must be paid by the teacher. If a decision of the board is
12adjudicated upon judicial review in favor of the teacher, then
13the court shall remand the matter to the board with direction
14for entry of an order setting the amount of back pay, lost
15benefits, and costs, less mitigation. The teacher may challenge
16the board's order setting the amount of back pay, lost
17benefits, and costs, less mitigation, through an expedited
18arbitration procedure with the costs of the arbitrator borne by
19the board.
20(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
21    (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
22    Sec. 24A-4. Development of evaluation plan.
23    (a) As used in this and the succeeding Sections, "teacher"
24means any and all school district employees regularly required
25to be certified under laws relating to the certification of

 

 

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1teachers. Each school district shall develop, in cooperation
2with its teachers or, where applicable, the exclusive
3bargaining representatives of its teachers, an evaluation plan
4for all teachers.
5    (b) By no later than the applicable implementation date,
6each school district may shall, in good faith cooperation with
7its teachers or, where applicable, the exclusive bargaining
8representatives of its teachers, incorporate the use of data
9and indicators on student growth as a significant factor in
10rating teaching performance, into its evaluation plan for all
11teachers, both those teachers in contractual continued service
12and those teachers not in contractual continued service. The
13plan may shall at least meet the standards and requirements for
14student growth and teacher evaluation established under
15Section 24A-7, and specifically describe how student growth
16data and indicators will be used as part of the evaluation
17process, how this information will relate to evaluation
18standards, the assessments or other indicators of student
19performance that will be used in measuring student growth and
20the weight that each will have, the methodology that will be
21used to measure student growth, and the criteria other than
22student growth that will be used in evaluating the teacher and
23the weight that each will have.
24    To incorporate the use of data and indicators of student
25growth as a significant factor in rating teacher performance
26into the evaluation plan, the district shall use a joint

 

 

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1committee composed of equal representation selected by the
2district and its teachers or, where applicable, the exclusive
3bargaining representative of its teachers. If, within 180
4calendar days of the committee's first meeting, the committee
5does not reach agreement on the plan, then the district shall
6implement the model evaluation plan established under Section
724A-7 with respect to the use of data and indicators on student
8growth as a significant factor in rating teacher performance.
9The Open Meetings Act does not apply to a joint Committee as
10provided in Section 18 of the Illinois Educational Labor
11Relations Act.
12    Nothing in this subsection (b) shall make decisions on the
13use of data and indicators on student growth as a significant
14factor in rating teaching performance mandatory subjects of
15bargaining under the Illinois Educational Labor Relations Act
16that are not currently mandatory subjects of bargaining under
17the Act.
18    (c) Notwithstanding anything to the contrary in subsection
19(b) of this Section, if the joint committee referred to in that
20subsection does not reach agreement on the plan within 90
21calendar days after the committee's first meeting, a school
22district having 500,000 or more inhabitants shall not be
23required to implement any aspect of the model evaluation plan
24and may implement its last best proposal.
25    (d) The use of data and indicators for student growth shall
26cease to be a requirement of teacher evaluations beginning no

 

 

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1later than the 2019-2020 school year or sooner if the school
2district and its teachers or, if applicable, the exclusive
3bargaining representative of its teachers agree. Continued use
4of student growth measures in the 2019-2020 school year and any
5subsequent school years must be agreed to by both the district
6and the teachers or, if applicable, the exclusive bargaining
7representative of its teachers. Beginning the first school year
8following the effective date of this amendatory Act of the
9100th General Assembly, the joint committee referred to in
10subsection (b) of this Section shall meet no less than one time
11annually to assess and review the effectiveness of the
12district's evaluation plan for the purposes of continuous
13improvement of instruction and evaluation practices. On or
14after September 1, 2019, this joint committee shall develop
15differentiated professional development opportunities based on
16the outcomes of the district's evaluation plan. Professional
17development opportunities shall take into account on-going
18professional responsibilities, including regular teaching
19assignments, and include supports and resources the district is
20to provide to strengthen the district's instructional program.
21Nothing in Section 24A-5 of this Code prevents the district and
22its teachers or, if applicable, the exclusive bargaining
23representative of its teachers from establishing additional
24rating categories for school district professional development
25purposes.
26(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;

 

 

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196-1423, eff. 8-3-10.)
 
2    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
3    Sec. 24A-5. Content of evaluation plans. This Section does
4not apply to teachers assigned to schools identified in an
5agreement entered into between the board of a school district
6operating under Article 34 of this Code and the exclusive
7representative of the district's teachers in accordance with
8Section 34-85c of this Code.
9    Each school district to which this Article applies shall
10establish a teacher evaluation plan which ensures that each
11teacher in contractual continued service is evaluated at least
12once in the course of every 2 school years.
13    By no later than September 1, 2012, each school district
14shall establish a teacher evaluation plan that ensures that:
15        (1) each teacher not in contractual continued service
16    is evaluated at least once every school year; and
17        (2) each teacher in contractual continued service is
18    evaluated at least once in the course of every 2 school
19    years. However, any teacher in contractual continued
20    service whose performance is rated as either "needs
21    improvement" or "unsatisfactory" or, on or after September
22    1, 2019, "ineffective" must be evaluated at least once in
23    the school year following the receipt of such rating.
24    Notwithstanding anything to the contrary in this Section or
25any other Section of the School Code, a principal shall not be

 

 

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1prohibited from evaluating any teachers within a school during
2his or her first year as principal of such school. If a
3first-year principal exercises this option in a school district
4where the evaluation plan provides for a teacher in contractual
5continued service to be evaluated once in the course of every 2
6school years, then a new 2-year evaluation plan must be
7established.
8    The evaluation plan shall comply with the requirements of
9this Section and of any rules adopted by the State Board of
10Education pursuant to this Section.
11    The plan shall include a description of each teacher's
12duties and responsibilities and of the standards to which that
13teacher is expected to conform, and shall include at least the
14following components:
15        (a) personal observation of the teacher in the
16    classroom by the evaluator, unless the teacher has no
17    classroom duties.
18        (b) consideration of the teacher's attendance,
19    planning, instructional methods, classroom management,
20    where relevant, and competency in the subject matter
21    taught.
22        (c) by no later than the applicable implementation
23    date, consideration of student growth may be as a
24    significant factor in the rating of the teacher's
25    performance.
26        (d) prior to September 1, 2012, rating of the

 

 

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1    performance of teachers in contractual continued service
2    as either:
3            (i) "excellent", "satisfactory" or
4        "unsatisfactory"; or
5            (ii) "excellent", "proficient", "needs
6        improvement" or "unsatisfactory".
7        (e) on and after September 1, 2019 2012, rating of the
8    performance of all teachers as "excellent", "proficient",
9    or "needs improvement" shall be considered "effective" and
10    rating of the performance of all teachers as or
11    "unsatisfactory" shall be considered "ineffective".
12        (f) specification as to the teacher's strengths and
13    weaknesses, with supporting reasons for the comments made.
14        (g) inclusion of a copy of the evaluation in the
15    teacher's personnel file and provision of a copy to the
16    teacher.
17        (h) prior to September 1, 2019, within 30 school days
18    after the completion of an evaluation rating a teacher in
19    contractual continued service as "needs improvement",
20    development by the evaluator, in consultation with the
21    teacher, and taking into account the teacher's on-going
22    professional responsibilities including his or her regular
23    teaching assignments, of a professional development plan
24    directed to the areas that need improvement and any
25    supports that the district will provide to address the
26    areas identified as needing improvement.

 

 

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1        (i) within 30 school days after completion of an
2    evaluation rating a teacher in contractual continued
3    service as "unsatisfactory" or, on or after September 1,
4    2019, "ineffective", development and commencement by the
5    district 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) participation in the remediation plan by the
20    teacher in contractual continued service rated
21    "unsatisfactory" or, on or after September 1, 2019,
22    "ineffective", an evaluator, and a consulting teacher
23    selected by the evaluator of the teacher who was rated
24    "unsatisfactory" or, on or after September 1, 2019,
25    "ineffective". The criteria for a which consulting teacher
26    shall include, but not be limited to, being is an

 

 

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1    educational employee as defined in the Educational Labor
2    Relations Act, having has at least 5 years' teaching
3    experience, and a reasonable familiarity with the
4    assignment of the teacher being evaluated, and having who
5    received an "excellent" rating or, on or after September 1,
6    2019, an "effective" rating on his or her most recent
7    evaluation. Where no teachers who meet these criteria are
8    available within the district, the district shall request
9    and the applicable regional office of education shall
10    supply, to participate in the remediation process, an
11    individual who meets these criteria.
12        In a district having a population of less than 500,000
13    with an exclusive bargaining agent, the bargaining agent
14    may, if it so chooses, supply a roster of qualified
15    teachers from whom the consulting teacher is to be
16    selected. That roster shall, however, contain the names of
17    at least 5 teachers, each of whom meets the criteria for
18    consulting teacher with regard to the teacher being
19    evaluated, or the names of all teachers so qualified if
20    that number is less than 5. The district, in consultation
21    with the joint committee referred to in subsection (b) of
22    Section 24A-4 of this Code, shall select the consulting
23    teacher from this roster. In the event of a dispute as to
24    qualification, the State Board shall determine
25    qualification.
26        (k) a mid-point and final evaluation by an evaluator

 

 

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1    during and at the end of the remediation period,
2    immediately following receipt of a remediation plan
3    provided for under subsections (i) and (j) of this Section.
4    Each evaluation shall assess the teacher's performance
5    during the time period since the prior evaluation; provided
6    that the last evaluation shall also include an overall
7    evaluation of the teacher's performance during the
8    remediation period. A written copy of the evaluations and
9    ratings, in which any deficiencies in performance and
10    recommendations for correction are identified, shall be
11    provided to and discussed with the teacher within 10 school
12    days after the date of the evaluation, unless an applicable
13    collective bargaining agreement provides to the contrary.
14    These subsequent evaluations shall be conducted by an
15    evaluator. The consulting teacher shall provide advice to
16    the teacher rated "unsatisfactory" or, on or after
17    September 1, 2019, "ineffective" on how to improve teaching
18    skills and to successfully complete the remediation plan.
19    The consulting teacher shall participate in developing the
20    remediation plan, but the final decision as to the
21    evaluation shall be done solely by the evaluator, unless an
22    applicable collective bargaining agreement provides to the
23    contrary. Evaluations at the conclusion of the remediation
24    process shall be separate and distinct from the required
25    annual evaluations of teachers and shall not be subject to
26    the guidelines and procedures relating to those annual

 

 

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1    evaluations. The evaluator may but is not required to use
2    the forms provided for the annual evaluation of teachers in
3    the district's evaluation plan.
4        (l) reinstatement to the evaluation schedule set forth
5    in the district's evaluation plan for any teacher in
6    contractual continued service who achieves a rating equal
7    to or better than "satisfactory" or "proficient" in the
8    school year following a rating of "needs improvement" or,
9    on or after September 1, 2019, "effective" or
10    "unsatisfactory" or, on or after September 1, 2019,
11    "ineffective".
12        (m) dismissal in accordance with subsection (d) of
13    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
14    any teacher who fails to complete any applicable
15    remediation plan with a rating equal to or better than a
16    "satisfactory" or "proficient" or, on or after September 1,
17    2019, "effective" rating. Districts and teachers subject
18    to dismissal hearings are precluded from compelling the
19    testimony of consulting teachers at such hearings under
20    subsection (d) of Section 24-12 or Section 24-16.5 or 34-85
21    of this Code, either as to the rating process or for
22    opinions of performances by teachers under remediation.
23        (n) After the implementation date of an evaluation
24    system for teachers in a district as specified in Section
25    24A-2.5 of this Code, if a teacher in contractual continued
26    service successfully completes a remediation plan

 

 

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1    following a rating of "unsatisfactory" or, on or after
2    September 1, 2019, "ineffective" in an annual or biennial
3    overall performance evaluation received after the
4    foregoing implementation date and receives a subsequent
5    rating of "unsatisfactory" or, on or after September 1,
6    2019, "ineffective" in any of the teacher's annual or
7    biennial overall performance evaluation ratings received
8    during the 36-month period following the teacher's
9    completion of the remediation plan, then the school
10    district may forego remediation and seek dismissal in
11    accordance with subsection (d) of Section 24-12 or Section
12    34-85 of this Code.
13    Nothing in this Section or Section 24A-4 shall be construed
14as preventing immediate dismissal of a teacher for deficiencies
15which are deemed irremediable or for actions which are
16injurious to or endanger the health or person of students in
17the classroom or school, or preventing the dismissal or
18non-renewal of teachers not in contractual continued service
19for any reason not prohibited by applicable employment, labor,
20and civil rights laws. Failure to strictly comply with the time
21requirements contained in Section 24A-5 shall not invalidate
22the results of the remediation plan.
23    Nothing contained in this amendatory Act of the 98th
24General Assembly repeals, supersedes, invalidates, or
25nullifies final decisions in lawsuits pending on the effective
26date of this amendatory Act of the 98th General Assembly in

 

 

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1Illinois courts involving the interpretation of Public Act
297-8.
3(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
4eff. 7-1-14.)
 
5    (105 ILCS 5/24A-5.5 new)
6    Sec. 24A-5.5. Local appeal process for ineffective
7ratings. Beginning with for the first school year following the
8effective date of this amendatory Act of the 100th General
9Assembly, each school district shall, in good faith cooperation
10with its teachers or, if applicable, through good faith
11bargaining with the exclusive bargaining representative of its
12teachers develop and implement an appeals process for
13"ineffective" ratings that includes, but is not limited to, an
14assessment of the original rating by a panel of qualified
15evaluators agreed to by the joint committee referred to in
16subsection (b) of Section 24A-4 of this Code and that has the
17power to reevaluate and re-rate a teacher who appeals. The
18joint committee shall determine the criteria for successful
19appeals.
 
20    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
21    Sec. 24A-7. Rules. The State Board of Education is
22authorized to adopt such rules as are deemed necessary to
23implement and accomplish the purposes and provisions of this
24Article, including, but not limited to, rules (i) relating to

 

 

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1the methods for measuring student growth (including, but not
2limited to, limitations on the age of useable data; the amount
3of data needed to reliably and validly measure growth for the
4purpose of teacher and principal evaluations; and whether and
5at what time annual State assessments may be used as one of
6multiple measures of student growth), (ii) defining the term
7"significant factor" for purposes of including consideration
8of student growth in performance ratings, (iii) controlling for
9such factors as student characteristics (including, but not
10limited to, students receiving special education and English
11Language Learner services), student attendance, and student
12mobility so as to best measure the impact that a teacher,
13principal, school and school district has on students' academic
14achievement, (iv) establishing minimum requirements for
15district teacher and principal evaluation instruments and
16procedures, and (v) establishing a model evaluation plan for
17use by school districts in which student growth shall comprise
1850% of the performance rating. Notwithstanding any provision in
19this Section, such rules shall not preclude a school district
20having 500,000 or more inhabitants from using an annual State
21assessment as the sole measure of student growth for purposes
22of teacher or principal evaluations.
23    The State Superintendent of Education shall convene a
24Performance Evaluation Advisory Council, which shall be
25staffed by the State Board of Education. Members of the Council
26shall be selected by the State Superintendent and include,

 

 

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1without limitation, representatives of teacher unions and
2school district management, persons with expertise in
3performance evaluation processes and systems, as well as other
4stakeholders. The Council shall meet at least quarterly, and
5may also meet at the call of the chairperson of the Council,
6following the effective date of this amendatory Act of the
7100th General Assembly until June 30, 2021. The Council shall
8advise the State Board of Education on the ongoing
9implementation of performance evaluations in this State, which
10may include gathering public feedback, sharing best practices,
11consulting with the State Board on any proposed rule changes
12regarding evaluations, and other subjects as determined by the
13chairperson of the Council.
14    Prior to the applicable implementation date, these rules
15shall not apply to teachers assigned to schools identified in
16an agreement entered into between the board of a school
17district operating under Article 34 of this Code and the
18exclusive representative of the district's teachers in
19accordance with Section 34-85c of this Code.
20(Source: P.A. 100-211, eff. 8-18-17.)
 
21    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
22    Sec. 34-84. Appointments and promotions of teachers.
23Appointments and promotions of teachers shall be made for merit
24only, and after satisfactory service for a probationary period
25of 3 years with respect to probationary employees employed as

 

 

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1full-time teachers in the public school system of the district
2before January 1, 1998 and 4 years with respect to probationary
3employees who are first employed as full-time teachers in the
4public school system of the district on or after January 1,
51998, during which period the board may dismiss or discharge
6any such probationary employee upon the recommendation,
7accompanied by the written reasons therefor, of the general
8superintendent of schools and after which period appointments
9of teachers shall become permanent, subject to removal for
10cause in the manner provided by Section 34-85.
11    For a probationary-appointed teacher in full-time service
12who is appointed on or after July 1, 2013 and who receives
13ratings of "excellent" during his or her first 3 school terms
14of full-time service, the probationary period shall be 3 school
15terms of full-time service. For a probationary-appointed
16teacher in full-time service who is appointed on or after July
171, 2013 and who had previously entered into contractual
18continued service in another school district in this State or a
19program of a special education joint agreement in this State,
20as defined in Section 24-11 of this Code, the probationary
21period shall be 2 school terms of full-time service, provided
22that (i) the teacher voluntarily resigned or was honorably
23dismissed from the prior district or program within the 3-month
24period preceding his or her appointment date, (ii) the
25teacher's last 2 ratings in the prior district or program were
26at least "proficient" or, on or after September 1, 2019,

 

 

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1"effective" and were issued after the prior district's or
2program's PERA implementation date, as defined in Section 24-11
3of this Code, and (iii) the teacher receives ratings of
4"excellent" or, on or after September 1, 2019, "effective"
5during his or her first 2 school terms of full-time service.
6    For a probationary-appointed teacher in full-time service
7who is appointed on or after July 1, 2013 and who has not
8entered into contractual continued service after 2 or 3 school
9terms of full-time service as provided in this Section, the
10probationary period shall be 4 school terms of full-time
11service, provided that the teacher receives a rating of at
12least "proficient" or, on or after September 1, 2019,
13"effective" in the last school term and a rating of at least
14"proficient" or, on or after September 1, 2019, "effective" in
15either the second or third school term.
16    As used in this Section, "school term" means the school
17term established by the board pursuant to Section 10-19 of this
18Code, and "full-time service" means the teacher has actually
19worked at least 150 days during the school term. As used in
20this Article, "teachers" means and includes all members of the
21teaching force excluding the general superintendent and
22principals.
23    There shall be no reduction in teachers because of a
24decrease in student membership or a change in subject
25requirements within the attendance center organization after
26the 20th day following the first day of the school year, except

 

 

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1that: (1) this provision shall not apply to desegregation
2positions, special education positions, or any other positions
3funded by State or federal categorical funds, and (2) at
4attendance centers maintaining any of grades 9 through 12,
5there may be a second reduction in teachers on the first day of
6the second semester of the regular school term because of a
7decrease in student membership or a change in subject
8requirements within the attendance center organization.
9    The school principal shall make the decision in selecting
10teachers to fill new and vacant positions consistent with
11Section 34-8.1.
12(Source: P.A. 97-8, eff. 6-13-11.)
 
13    (105 ILCS 5/34-85c)
14    Sec. 34-85c. Alternative procedures for teacher
15evaluation, remediation, and removal for cause after
16remediation.
17    (a) Notwithstanding any law to the contrary, the board and
18the exclusive representative of the district's teachers are
19hereby authorized to negotiate and enter into an agreement to
20establish alternative procedures for teacher evaluation,
21remediation, and removal for cause after remediation,
22including an alternative system for peer evaluation and
23recommendations; provided, however, that no later than
24September 1, 2012: (i) any alternative procedures must include
25provisions whereby student performance data is a significant

 

 

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1factor in teacher evaluation, except that, on and after
2September 1, 2019, such provisions may be included, and (ii)
3teachers are rated as "excellent", "proficient", "needs
4improvement" or "unsatisfactory" until September 1, 2019, at
5which time the ratings shall be "ineffective" and "effective".
6Pursuant exclusively to that agreement, teachers assigned to
7schools identified in that agreement shall be subject to an
8alternative performance evaluation plan and remediation
9procedures in lieu of the plan and procedures set forth in
10Article 24A of this Code, other than subsection (d) of Section
1124A-4, and alternative removal for cause standards and
12procedures in lieu of the removal standards and procedures set
13forth in Section 34-85 of this Code. To the extent that the
14agreement provides a teacher with an opportunity for a hearing
15on removal for cause before an independent hearing officer in
16accordance with Section 34-85 or otherwise, the hearing officer
17shall be governed by the alternative performance evaluation
18plan, remediation procedures, and removal standards and
19procedures set forth in the agreement in making findings of
20fact and a recommendation.
21    (b) The board and the exclusive representative of the
22district's teachers shall submit a certified copy of an
23agreement as provided under subsection (a) of this Section to
24the State Board of Education.
25(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
 

 

 

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1    Section 10. The Illinois Educational Labor Relations Act is
2amended by changing Section 18 as follows:
 
3    (115 ILCS 5/18)  (from Ch. 48, par. 1718)
4    Sec. 18. Meetings. The provisions of the Open Meetings Act
5shall not apply to collective bargaining negotiations and
6grievance arbitrations conducted pursuant to this Act,
7including any joint committees formed under subsection (c) of
8Section 24-12 or subsection (b) of Section 24A-4 of the School
9Code.
10(Source: P.A. 83-1014.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.25gfrom Ch. 122, par. 2-3.25g
4    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
5    105 ILCS 5/21B-75
6    105 ILCS 5/24-9.5 new
7    105 ILCS 5/24-11from Ch. 122, par. 24-11
8    105 ILCS 5/24-12from Ch. 122, par. 24-12
9    105 ILCS 5/24-16.5
10    105 ILCS 5/24A-4from Ch. 122, par. 24A-4
11    105 ILCS 5/24A-5from Ch. 122, par. 24A-5
12    105 ILCS 5/24A-5.5 new
13    105 ILCS 5/24A-7from Ch. 122, par. 24A-7
14    105 ILCS 5/34-84from Ch. 122, par. 34-84
15    105 ILCS 5/34-85c
16    115 ILCS 5/18from Ch. 48, par. 1718