Illinois General Assembly - Full Text of SB0315
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Full Text of SB0315  96th General Assembly

SB0315ham001 96TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 1/11/2010

 

 


 

 


 
09600SB0315ham001 LRB096 06030 MJR 32969 a

1
AMENDMENT TO SENATE BILL 315

2     AMENDMENT NO. ______. Amend Senate Bill 315 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. This amendatory Act may be referred to as the
5 Performance Evaluation Reform Act of 2010.
 
6     Section 5. Findings; declarations. The General Assembly
7 finds and declares all of the following:
8         (1) Effective teachers and school leaders are a
9     critical factor contributing to student achievement.
10         (2) Many existing district performance evaluation
11     systems fail to adequately distinguish between effective
12     and ineffective teachers and principals. A recent study of
13     evaluation systems in 3 of the largest Illinois districts
14     found that out of 41,174 teacher evaluations performed over
15     a 5-year period, 92.6% of teachers were rated "superior" or
16     "excellent", 7% were rated "satisfactory", and only 0.4%

 

 

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1     were rated "unsatisfactory".
2         (3) Performance evaluation systems must assess
3     professional competencies as well as student growth.
4         (4) School districts and the State must ensure that
5     performance evaluation systems are valid and reliable and
6     contribute to the development of staff and improved student
7     achievement outcomes.
 
8     Section 10. The School Code is amended by changing Sections
9 2-3.25g, 24A-3, 24A-4, 24A-5, 24A-7, 24A-8, 24A-15, 34-8, and
10 34-85c and by adding Sections 24A-2.5, 24A-7.1, and 24A-20 as
11 follows:
 
12     (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
13     Sec. 2-3.25g. Waiver or modification of mandates within the
14 School Code and administrative rules and regulations.
15     (a) In this Section:
16         "Board" means a school board or the governing board or
17     administrative district, as the case may be, for a joint
18     agreement.
19         "Eligible applicant" means a school district, joint
20     agreement made up of school districts, or regional
21     superintendent of schools on behalf of schools and programs
22     operated by the regional office of education.
23         "Implementation date" has the meaning set forth in
24     Section 24A-2.5 of this Code.

 

 

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1         "State Board" means the State Board of Education.
2     (b) Notwithstanding any other provisions of this School
3 Code or any other law of this State to the contrary, eligible
4 applicants may petition the State Board of Education for the
5 waiver or modification of the mandates of this School Code or
6 of the administrative rules and regulations promulgated by the
7 State Board of Education. Waivers or modifications of
8 administrative rules and regulations and modifications of
9 mandates of this School Code may be requested when an eligible
10 applicant demonstrates that it can address the intent of the
11 rule or mandate in a more effective, efficient, or economical
12 manner or when necessary to stimulate innovation or improve
13 student performance. Waivers of mandates of the School Code may
14 be requested when the waivers are necessary to stimulate
15 innovation or improve student performance. Waivers may not be
16 requested from laws, rules, and regulations pertaining to
17 special education, teacher certification, teacher tenure and
18 seniority, or Section 5-2.1 of this Code or from compliance
19 with the No Child Left Behind Act of 2001 (Public Law 107-110).
20 On and after the applicable implementation date, eligible
21 applicants may not seek a waiver or seek a modification of a
22 mandate regarding the requirements for (i) student performance
23 data to be a significant factor in teacher or principal
24 evaluations or (ii) for teachers and principals to be rated
25 using the 4 categories of "excellent", "proficient", "needs
26 improvement", or "unsatisfactory". On the applicable

 

 

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

 

 

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1 joint agreement requesting a waiver or modification of Section
2 27-6 of this Code, the public hearing shall be held on a day
3 other than the day on which a regular meeting of the board is
4 held. If the applicant is a school district, the public hearing
5 must be preceded by at least one published notice occurring at
6 least 7 days prior to the hearing in a newspaper of general
7 circulation within the school district that sets forth the
8 time, date, place, and general subject matter of the hearing.
9 If the applicant is a joint agreement or regional
10 superintendent, the public hearing must be preceded by at least
11 one published notice (setting forth the time, date, place, and
12 general subject matter of the hearing) occurring at least 7
13 days prior to the hearing in a newspaper of general circulation
14 in each school district that is a member of the joint agreement
15 or that is served by the educational service region, provided
16 that a notice appearing in a newspaper generally circulated in
17 more than one school district shall be deemed to fulfill this
18 requirement with respect to all of the affected districts. The
19 eligible applicant must notify in writing the affected
20 exclusive collective bargaining agent and those State
21 legislators representing the eligible applicant's territory of
22 its intent to seek approval of a waiver or modification and of
23 the hearing to be held to take testimony from staff. The
24 affected exclusive collective bargaining agents shall be
25 notified of such public hearing at least 7 days prior to the
26 date of the hearing and shall be allowed to attend such public

 

 

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1 hearing. The eligible applicant shall attest to compliance with
2 all of the notification and procedural requirements set forth
3 in this Section.
4     (d) A request for a waiver or modification of
5 administrative rules and regulations or for a modification of
6 mandates contained in this School Code shall be submitted to
7 the State Board of Education within 15 days after approval by
8 the board or regional superintendent of schools. The
9 application as submitted to the State Board of Education shall
10 include a description of the public hearing. Following receipt
11 of the request, the State Board shall have 45 days to review
12 the application and request. If the State Board fails to
13 disapprove the application within that 45 day period, the
14 waiver or modification shall be deemed granted. The State Board
15 may disapprove any request if it is not based upon sound
16 educational practices, endangers the health or safety of
17 students or staff, compromises equal opportunities for
18 learning, or fails to demonstrate that the intent of the rule
19 or mandate can be addressed in a more effective, efficient, or
20 economical manner or have improved student performance as a
21 primary goal. Any request disapproved by the State Board may be
22 appealed to the General Assembly by the eligible applicant as
23 outlined in this Section.
24     A request for a waiver from mandates contained in this
25 School Code shall be submitted to the State Board within 15
26 days after approval by the board or regional superintendent of

 

 

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1 schools. The application as submitted to the State Board of
2 Education shall include a description of the public hearing.
3 The description shall include, but need not be limited to, the
4 means of notice, the number of people in attendance, the number
5 of people who spoke as proponents or opponents of the waiver, a
6 brief description of their comments, and whether there were any
7 written statements submitted. The State Board shall review the
8 applications and requests for completeness and shall compile
9 the requests in reports to be filed with the General Assembly.
10 The State Board shall file reports outlining the waivers
11 requested by eligible applicants and appeals by eligible
12 applicants of requests disapproved by the State Board with the
13 Senate and the House of Representatives before each March 1 and
14 October 1. The General Assembly may disapprove the report of
15 the State Board in whole or in part within 60 calendar days
16 after each house of the General Assembly next convenes after
17 the report is filed by adoption of a resolution by a record
18 vote of the majority of members elected in each house. If the
19 General Assembly fails to disapprove any waiver request or
20 appealed request within such 60 day period, the waiver or
21 modification shall be deemed granted. Any resolution adopted by
22 the General Assembly disapproving a report of the State Board
23 in whole or in part shall be binding on the State Board.
24     (e) An approved waiver or modification (except a waiver
25 from or modification to a physical education mandate) may
26 remain in effect for a period not to exceed 5 school years and

 

 

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1 may be renewed upon application by the eligible applicant.
2 However, such waiver or modification may be changed within that
3 5-year period by a board or regional superintendent of schools
4 applying on behalf of schools or programs operated by the
5 regional office of education following the procedure as set
6 forth in this Section for the initial waiver or modification
7 request. If neither the State Board of Education nor the
8 General Assembly disapproves, the change is deemed granted.
9     An approved waiver from or modification to a physical
10 education mandate may remain in effect for a period not to
11 exceed 2 school years and may be renewed no more than 2 times
12 upon application by the eligible applicant. An approved waiver
13 from or modification to a physical education mandate may be
14 changed within the 2-year period by the board or regional
15 superintendent of schools, whichever is applicable, following
16 the procedure set forth in this Section for the initial waiver
17 or modification request. If neither the State Board of
18 Education nor the General Assembly disapproves, the change is
19 deemed granted.
20     (f) On or before February 1, 1998, and each year
21 thereafter, the State Board of Education shall submit a
22 cumulative report summarizing all types of waivers of mandates
23 and modifications of mandates granted by the State Board or the
24 General Assembly. The report shall identify the topic of the
25 waiver along with the number and percentage of eligible
26 applicants for which the waiver has been granted. The report

 

 

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1 shall also include any recommendations from the State Board
2 regarding the repeal or modification of waived mandates.
3 (Source: P.A. 94-198, eff. 1-1-06; 94-432, eff. 8-2-05; 94-875,
4 eff. 7-1-06; 95-223, eff. 1-1-08.)
 
5     (105 ILCS 5/24A-2.5 new)
6     Sec. 24A-2.5. Definitions. In this Article:
7     "Evaluator" means:
8         (1) an administrator qualified under Section 24A-3; or
9         (2) other individuals qualified under Section 24A-3,
10     provided that, if such other individuals are in the
11     bargaining unit of a district's teachers, the district and
12     the exclusive bargaining representative of that unit must
13     agree to those individuals evaluating other bargaining
14     unit members.
15     Notwithstanding anything to the contrary in item (2) of
16 this definition, a school district operating under Article 34
17 of this Code may require department chairs qualified under
18 Section 24A-3 to evaluate teachers in their department or
19 departments, provided that the school district shall bargain
20 with the bargaining representative of its teachers over the
21 impact and effects on department chairs of such a requirement.
22     "Implementation date" means, unless otherwise specified
23 and provided that the requirements set forth in subsection (d)
24 of Section 24A-20 have been met:
25         (1) For school districts having 500,000 or more

 

 

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1     inhabitants, in at least 300 schools by September 1, 2012
2     and in the remaining schools by September 1, 2013.
3         (2) For school districts having less than 500,000
4     inhabitants and receiving a Race to the Top Grant or School
5     Improvement Grant after the effective date of this
6     amendatory Act of the 96th General Assembly, the date
7     specified in those grants for implementing an evaluation
8     system for teachers and principals incorporating student
9     growth as a significant factor.
10         (3) For the lowest performing 20% percent of remaining
11     school districts having less than 500,000 inhabitants
12     (with the measure of and school year or years used for
13     school district performance to be determined by the State
14     Superintendent of Education at a time determined by the
15     State Superintendent), September 1, 2015.
16         (4) For all other school districts having less than
17     500,000 inhabitants, September 1, 2016.
18     "Race to the Top Grant" means a grant made by the Secretary
19 of the U.S. Department of Education pursuant to paragraph (2)
20 of Section 14006(a) of the American Recovery and Reinvestment
21 Act of 2009.
22     "School Improvement Grant" means a grant made by the
23 Secretary of the U.S. Department of Education pursuant to
24 Section 1003(g) of the Elementary and Secondary Education Act.
 
25     (105 ILCS 5/24A-3)  (from Ch. 122, par. 24A-3)

 

 

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1     Sec. 24A-3. Evaluation training and pre-qualification.
2     (a) School Beginning January 1, 1986, school boards shall
3 require evaluators those administrators, or -- in school
4 districts having a population exceeding 500,000 -- assistant
5 principals, who evaluate other certified personnel to
6 participate at least once every 2 years in an inservice
7 training workshop on either school improvement or the
8 evaluation of certified personnel provided or approved by the
9 State Board of Education prior to undertaking any evaluation
10 and at least once during each certificate renewal cycle.
11 Training provided or approved by the State Board of Education
12 shall include the evaluator training program developed
13 pursuant to Section 24A-20 of this Code.
14     (b) Any evaluator undertaking an evaluation after
15 September 1, 2012 must first successfully complete a
16 pre-qualification program provided or approved by the State
17 Board of Education. The program must involve rigorous training
18 and an independent observer's determination that the
19 evaluator's ratings properly align to the requirements
20 established by the State Board pursuant to this Article.
21 (Source: P.A. 86-1477; 87-1076.)
 
22     (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
23     Sec. 24A-4. Development and submission of evaluation plan.
24     (a) As used in this and the succeeding Sections, "teacher"
25 means any and all school district employees regularly required

 

 

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

 

 

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1 into the evaluation plan, the district shall use a joint
2 committee composed of equal representation selected by the
3 district and its teachers or, where applicable, the exclusive
4 bargaining representative of its teachers. If, within 180
5 calendar days of the committee's first meeting, the committee
6 does not reach agreement on the plan, then the district shall
7 implement the model evaluation plan established under Section
8 24A-7 with respect to the use of data and indicators on student
9 growth as a significant factor in rating teacher performance.
10     Nothing in in this subsection (a) shall make decisions on
11 the use of data and indicators on student growth as a
12 significant factor in rating teaching performance mandatory
13 subjects of bargaining under the Illinois Educational Labor
14 Relations Act that are not currently mandatory subjects of
15 bargaining under the Act.
16     (c) Notwithstanding anything to the contrary in subsection
17 (b) of this subsection, if the joint committee referred to in
18 that subsection does not reach agreement on the plan within 90
19 calendar days after the committee's first meeting, a school
20 district having 500,000 or more inhabitants shall not be
21 required to implement any aspect of the model evaluation plan
22 and may implement its last best proposal. in contractual
23 continued service. The district shall, no later than October 1,
24 1986, submit a copy of its evaluation plan to the State Board
25 of Education, which shall review the plan and make public its
26 comments thereon, and the district shall at the same time

 

 

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1 provide a copy to the exclusive bargaining representatives.
2 Whenever any substantive change is made in a district's
3 evaluation plan, the new plan shall be submitted to the State
4 Board of Education for review and comment, and the district
5 shall at the same time provide a copy of any such new plan to
6 the exclusive bargaining representatives. The board of a school
7 district operating under Article 34 of this Code and the
8 exclusive representative of the district's teachers shall
9 submit a certified copy of an agreement entered into under
10 Section 34-85c of this Code to the State Board of Education,
11 and that agreement shall constitute the teacher evaluation plan
12 for teachers assigned to schools identified in that agreement.
13 Whenever any substantive change is made in an agreement entered
14 into under Section 34-85c of this Code by the board of a school
15 district operating under Article 34 of this Code and the
16 exclusive representative of the district's teachers, the new
17 agreement shall be submitted to the State Board of Education.
18 (Source: P.A. 95-510, eff. 8-28-07.)
 
19     (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
20     Sec. 24A-5. Content of evaluation plans. This Section does
21 not apply to teachers assigned to schools identified in an
22 agreement entered into between the board of a school district
23 operating under Article 34 of this Code and the exclusive
24 representative of the district's teachers in accordance with
25 Section 34-85c of this Code.

 

 

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1 Each school district to which this Article applies shall
2 establish a teacher evaluation plan which ensures that each
3 teacher in contractual continued service is evaluated at least
4 once in the course of every 2 school years, beginning with the
5 1986-87 school year.
6     By no later than the September 1, 2012, each school
7 district shall establish a teacher evaluation plan that ensures
8 that:
9         (1) each teacher not in contractual continued service
10     is evaluated at least once every school year; and
11         (2) each teacher in contractual continued service is
12     evaluated at least once in the course of every 2 school
13     years. However, any teacher in contractual continued
14     service whose performance is rated as either "needs
15     improvement" or "unsatisfactory" must be evaluated at
16     least once in the school year following the receipt of such
17     rating.
18     Notwithstanding anything to the contrary in this Section or
19 any other Section of the School Code, a principal shall not be
20 prohibited from evaluating any teachers within a school during
21 his or her first year as principal of such school.
22     The evaluation plan shall comply with the requirements of
23 this Section and of any rules adopted by the State Board of
24 Education pursuant to this Section.
25     The plan shall include a description of each teacher's
26 duties and responsibilities and of the standards to which that

 

 

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1 teacher is expected to conform. The plan may provide for
2 evaluation of personnel whose positions require administrative
3 certification by independent evaluators not employed by or
4 affiliated with the school district. The results of the school
5 district administrators' evaluations shall be reported to the
6 employing school board, together with such recommendations for
7 remediation as the evaluator or evaluators may deem
8 appropriate. Evaluation of teachers whose positions do not
9 require administrative certification shall be conducted by an
10 administrator qualified under Section 24A-3, or -- in school
11 districts having a population exceeding 500,000 -- by either an
12 administrator qualified under Section 24A-3 or an assistant
13 principal under the supervision of an administrator qualified
14 under Section 24A-3, and shall include at least the following
15 components:
16         (a) personal observation of the teacher in the
17     classroom by the evaluator (on at least 2 different school
18     days in school districts having a population exceeding
19     500,000) by a district administrator qualified under
20     Section 24A-3, or -- in school districts having a
21     population exceeding 500,000 -- by either an administrator
22     qualified under Section 24A-3 or an assistant principal
23     under the supervision of an administrator qualified under
24     Section 24A-3, unless the teacher has no classroom duties.
25         (b) consideration of the teacher's attendance,
26     planning, and instructional methods, classroom management,

 

 

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1     where relevant, and competency in the subject matter
2     taught, where relevant.
3         (c) by no later than the applicable implementation
4     date, consideration of student growth as a significant
5     factor in the rating of the teacher's performance.
6         (d) prior to September 1, 2012, (c) rating of the
7     teacher's performance of teachers in contractual continued
8     service as either:
9             (i) "excellent", "satisfactory" or
10         "unsatisfactory"; or .
11             (ii) "excellent", "proficient", "needs
12         improvement" or "unsatisfactory".
13         (e) on and after September 1, 2012, rating of the
14     performance of teachers in contractual continued service
15     as "excellent", "proficient", "needs improvement" or
16     "unsatisfactory".
17         (f) (d) specification as to the teacher's strengths and
18     weaknesses, with supporting reasons for the comments made.
19         (g) (e) inclusion of a copy of the evaluation in the
20     teacher's personnel file and provision of a copy to the
21     teacher.
22         (h) within 30 school days after the completion of an
23     evaluation rating a teacher in contractual continued
24     service as "needs improvement", development by the
25     evaluator, in consultation with the teacher, and taking
26     into account the teacher's on-going professional

 

 

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1     responsibilities including his or her regular teaching
2     assignments, of a professional development plan directed
3     to the areas that need improvement and any supports that
4     the district will provide to address the areas identified
5     as needing improvement.
6         (i) (f) within 30 days after completion of an
7     evaluation rating a teacher in contractual continued
8     service as "unsatisfactory", development and commencement
9     by the district, or by an administrator qualified under
10     Section 24A-3 or an assistant principal under the
11     supervision of an administrator qualified under Section
12     24A-3 in school districts having a population exceeding
13     500,000, of a remediation plan designed to correct
14     deficiencies cited, provided the deficiencies are deemed
15     remediable. In all school districts the remediation plan
16     for unsatisfactory, tenured teachers shall provide for 90
17     school days of remediation within the classroom, unless an
18     applicable collective bargaining agreement provides for a
19     shorter duration. In all school districts evaluations
20     issued pursuant to this Section shall be issued within 10
21     days after the conclusion of the respective remediation
22     plan. However, the school board or other governing
23     authority of the district shall not lose jurisdiction to
24     discharge a teacher in the event the evaluation is not
25     issued within 10 days after the conclusion of the
26     respective remediation plan.

 

 

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1         (j) (g) participation in the remediation plan by the
2     teacher in contractual continued service rated
3     "unsatisfactory", an evaluator and a district
4     administrator qualified under Section 24A-3 (or -- in a
5     school district having a population exceeding 500,000 -- an
6     administrator qualified under Section 24A-3 or an
7     assistant principal under the supervision of an
8     administrator qualified under Section 24A-3), and a
9     consulting teacher, selected by the evaluator by the
10     participating administrator or by the principal, or -- in
11     school districts having a population exceeding 500,000 --
12     by an administrator qualified under Section 24A-3 or by an
13     assistant principal under the supervision of an
14     administrator qualified under Section 24A-3, of the
15     teacher who was rated "unsatisfactory", which consulting
16     teacher is an educational employee as defined in the
17     Educational Labor Relations Act, has at least 5 years'
18     teaching experience, and a reasonable familiarity with the
19     assignment of the teacher being evaluated, and who received
20     an "excellent" rating on his or her most recent evaluation.
21     Where no teachers who meet these criteria are available
22     within the district, the district shall request and the
23     State Board of Education shall supply, to participate in
24     the remediation process, an individual who meets these
25     criteria.
26         In a district having a population of less than 500,000

 

 

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1     with an exclusive bargaining agent, the bargaining agent
2     may, if it so chooses, supply a roster of qualified
3     teachers from whom the consulting teacher is to be
4     selected. That roster shall, however, contain the names of
5     at least 5 teachers, each of whom meets the criteria for
6     consulting teacher with regard to the teacher being
7     evaluated, or the names of all teachers so qualified if
8     that number is less than 5. In the event of a dispute as to
9     qualification, the State Board shall determine
10     qualification.
11         (k) a mid-point and final evaluation by an evaluator
12     during and at the end of the remediation period,
13     immediately following receipt of a remediation plan
14     provided for under subsections (i) and (j) of this Section.
15     Each evaluation shall assess the teacher's performance
16     during the time period since the prior evaluation; provided
17     that the last evaluation shall also include an overall
18     evaluation of the teacher's performance during the
19     remediation period. A written copy of the evaluations and
20     ratings, in which any deficiencies in performance and
21     recommendations for correction are identified, shall be
22     provided to and discussed with the teacher within 10 school
23     days after the date of the evaluation, unless an applicable
24     collective bargaining agreement provides to the contrary.
25     (h) evaluations and ratings once every 30 school days for
26     the 90 school day remediation period immediately following

 

 

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1     receipt of a remediation plan provided for under
2     subsections (f) and (g) of this Section; provided that in
3     school districts having a population exceeding 500,000
4     there shall be monthly evaluations and ratings for the
5     first 6 months and quarterly evaluations and ratings for
6     the next 6 months immediately following completion of the
7     remediation program of a teacher for whom a remediation
8     plan has been developed. These subsequent evaluations
9     shall be conducted by an evaluator the participating
10     administrator, or -- in school districts having a
11     population exceeding 500,000 -- by either the principal or
12     by an assistant principal under the supervision of an
13     administrator qualified under Section 24A-3. The
14     consulting teacher shall provide advice to the teacher
15     rated "unsatisfactory" on how to improve teaching skills
16     and to successfully complete the remediation plan. The
17     consulting teacher shall participate in developing the
18     remediation plan, but the final decision as to the
19     evaluation shall be done solely by the evaluator
20     administrator, or -- in school districts having a
21     population exceeding 500,000 -- by either the principal or
22     by an assistant principal under the supervision of an
23     administrator qualified under Section 24A-3, unless an
24     applicable collective bargaining agreement provides to the
25     contrary. Teachers in the remediation process in a school
26     district having a population exceeding 500,000 are not

 

 

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1     subject to the annual evaluations described in paragraphs
2     (a) through (e) of this Section. Evaluations at the
3     conclusion of the remediation process shall be separate and
4     distinct from the required annual evaluations of teachers
5     and shall not be subject to the guidelines and procedures
6     relating to those annual evaluations. The evaluator may but
7     is not required to use the forms provided for the annual
8     evaluation of teachers in the district's evaluation plan.
9         (l) (i) in school districts having a population of less
10     than 500,000, reinstatement to the evaluation schedule set
11     forth in the district's evaluation plan a schedule of
12     biennial evaluation for any teacher in contractual
13     continued service who achieves a rating equal to or better
14     than "satisfactory" or "proficient" in the school year
15     following a rating of "needs improvement" or
16     "unsatisfactory". completes the 90 school day remediation
17     plan with a "satisfactory" or better rating, unless the
18     district's plan regularly requires more frequent
19     evaluations; and in school districts having a population
20     exceeding 500,000, reinstatement to a schedule of biennial
21     evaluation for any teacher who completes the 90 school day
22     remediation plan with a "satisfactory" or better rating and
23     the one year intensive review schedule as provided in
24     paragraph (h) of this Section with a "satisfactory" or
25     better rating, unless such district's plan regularly
26     requires more frequent evaluations.

 

 

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1         (m) (j) dismissal in accordance with Section 24-12 or
2     34-85 of the School Code of any teacher who fails to
3     complete any applicable remediation plan with a rating
4     equal to or better than a "satisfactory" or "proficient"
5     better rating. Districts and teachers subject to dismissal
6     hearings are precluded from compelling the testimony of
7     consulting teachers at such hearings under Section 24-12 or
8     34-85, either as to the rating process or for opinions of
9     performances by teachers under remediation.
10     In a district subject to a collective bargaining agreement
11 as of the effective date of this amendatory Act of 1997, any
12 changes made by this amendatory Act to the provisions of this
13 Section that are contrary to the express terms and provisions
14 of that agreement shall go into effect in that district only
15 upon expiration of that agreement. Thereafter, collectively
16 bargained evaluation plans shall at a minimum meet the
17 standards of this Article. If such a district has an evaluation
18 plan, however, whether pursuant to the collective bargaining
19 agreement or otherwise, a copy of that plan shall be submitted
20 to the State Board of Education for review and comment, in
21 accordance with Section 24A-4.
22     Nothing in this Section or Section 24A-4 shall be construed
23 as preventing immediate dismissal of a teacher for deficiencies
24 which are deemed irremediable or for actions which are
25 injurious to or endanger the health or person of students in
26 the classroom or school, or preventing the dismissal or

 

 

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1 non-renewal of teachers not in contractual continued service
2 for any reason not prohibited by applicable employment, labor,
3 and civil rights laws. Failure to strictly comply with the time
4 requirements contained in Section 24A-5 shall not invalidate
5 the results of the remediation plan.
6 (Source: P.A. 95-510, eff. 8-28-07.)
 
7     (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
8     Sec. 24A-7. Rules. The State Board of Education is
9 authorized to adopt such rules as are deemed necessary to
10 implement and accomplish the purposes and provisions of this
11 Article, including, but not limited to, rules (i) relating to
12 the methods for measuring student growth (including, but not
13 limited to, limitations on the age of useable data; the amount
14 of data needed to reliably and validly measure growth for the
15 purpose of teacher and principal evaluations; and whether and
16 at what time annual State assessments may be used as one of
17 multiple measures of student growth), (ii) defining the term
18 "significant factor" for purposes of including consideration
19 of student growth in performance ratings, (iii) controlling for
20 such factors as student characteristics (including, but not
21 limited to, students receiving special education and English
22 Language Learner services), student attendance, and student
23 mobility so as to best measure the impact that a teacher,
24 principal, school and school district has on students' academic
25 achievement, (iv) establishing minimum requirements for

 

 

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1 district teacher and principal evaluation instruments and
2 procedures, and (v) establishing a model evaluation plan for
3 use by school districts in which student growth shall comprise
4 50% of the performance rating. Notwithstanding any provision in
5 this Section, rules shall not preclude a school district having
6 500,000 or more inhabitants from using an annual State
7 assessment as the sole measure of student growth for purposes
8 of teacher or principal evaluations.
9     The rules shall be developed through a process involving
10 collaboration with a Performance Evaluation Advisory Council,
11 which shall be convened and staffed by the State Board of
12 Education. Members of the Council shall be selected by the
13 State Superintendent and include, without limitation,
14 representatives of teacher unions and school district
15 management, persons with expertise in performance evaluation
16 processes and systems, as well as other stakeholders. The
17 Performance Evaluation Advisory Council shall meet at least
18 quarterly following the effective date of this amendatory Act
19 of the 96th General Assembly until June 30, 2017.
20     Prior to the applicable implementation date, except that
21 these rules shall not apply to teachers assigned to schools
22 identified in an agreement entered into between the board of a
23 school district operating under Article 34 of this Code and the
24 exclusive representative of the district's teachers in
25 accordance with Section 34-85c of this Code.
26 (Source: P.A. 95-510, eff. 8-28-07.)
 

 

 

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1     (105 ILCS 5/24A-7.1 new)
2     Sec. 24A-7.1. Teacher and principal performance
3 evaluations. Except as otherwise provided under this Act,
4 disclosure of public school teacher and principal performance
5 evaluations is prohibited.
 
6     (105 ILCS 5/24A-8)  (from Ch. 122, par. 24A-8)
7     Sec. 24A-8. Evaluation of teachers not in contractual
8 continued service. Each Beginning with the 1987-88 school year
9 each teacher not in contractual continued service shall be
10 evaluated at least once each school year.
11 (Source: P.A. 84-1419.)
 
12     (105 ILCS 5/24A-15)
13     Sec. 24A-15. Development and submission of evaluation plan
14 for principals.
15     (a) Each Beginning with the 2006-2007 school year and each
16 school year thereafter, each school district, except for a
17 school district organized under Article 34 of this Code, shall
18 establish a principal evaluation plan in accordance with this
19 Section. The plan must ensure that each principal is evaluated
20 as follows:
21         (1) For a principal on a single-year contract, the
22     evaluation must take place by March February 1 of each
23     year.

 

 

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1         (2) For a principal on a multi-year contract under
2     Section 10-23.8a of this Code, the evaluation must take
3     place by March 1 February 1 of the final year of the
4     contract.
5     On and after September 1, 2012, the plan must:
6         (i) rate the principal's performance as "excellent",
7     "proficient", "needs improvement" or "unsatisfactory"; and
8         (ii) ensure that each principal is evaluated at least
9     once every school year.
10     Nothing in this Section prohibits a school district from
11 conducting additional evaluations of principals.
12     (b) The evaluation shall include a description of the
13 principal's duties and responsibilities and the standards to
14 which the principal is expected to conform.
15     (c) The evaluation must be performed by the district
16 superintendent, the superintendent's designee, or, in the
17 absence of the superintendent or his or her designee, an
18 individual appointed by the school board who holds a registered
19 Type 75 State administrative certificate.
20     Prior to September 1, 2012, the The evaluation must be in
21 writing and must at least do all of the following:
22         (1) Consider the principal's specific duties,
23     responsibilities, management, and competence as a
24     principal.
25         (2) Specify the principal's strengths and weaknesses,
26     with supporting reasons.

 

 

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1         (3) Align with the Illinois Professional Standards for
2     School Leaders or research-based standards established by
3     administrative rule district standards.
4     On and after September 1, 2012, the evaluation must, in
5 addition to the requirements in items (1), (2), and (3) of this
6 subsection (c), provide for the use of data and indicators on
7 student growth as a significant factor in rating performance.
8     (d) One copy of the evaluation must be included in the
9 principal's personnel file and one copy of the evaluation must
10 be provided to the principal.
11     (e) Failure by a district to evaluate a principal and to
12 provide the principal with a copy of the evaluation at least
13 once during the term of the principal's contract, in accordance
14 with this Section, is evidence that the principal is performing
15 duties and responsibilities in at least a satisfactory manner
16 and shall serve to automatically extend the principal's
17 contract for a period of one year after the contract would
18 otherwise expire, under the same terms and conditions as the
19 prior year's contract. The requirements in this Section are in
20 addition to the right of a school board to reclassify a
21 principal pursuant to Section 10-23.8b of this Code.
22     (f) Nothing in this Section prohibits a school board from
23 ordering lateral transfers of principals to positions of
24 similar rank and salary.
25 (Source: P.A. 94-1039, eff. 7-20-06.)
 

 

 

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1     (105 ILCS 5/24A-20 new)
2     Sec. 24A-20. State Board of Education data collection and
3 evaluation assessment and support systems.
4     (a) On or before the date established in subsection (b) of
5 this Section, the State Board of Education shall, through a
6 process involving collaboration with the Performance
7 Evaluation Advisory Council, develop or contract for the
8 development of and implement all of the following data
9 collection and evaluation assessment and support systems:
10         (1) A system to annually collect and publish data by
11     district and school on teacher and administrator
12     performance evaluation outcomes. The system must ensure
13     that no teacher or administrator can be personally
14     identified by publicly reported data.
15         (2) Both a teacher and principal model evaluation
16     template. The model templates must incorporate the
17     requirements of this Article and any other requirements
18     established by the State Board by administrative rule, but
19     allow customization by districts in a manner that does not
20     conflict with such requirements.
21         (3) An evaluator pre-qualification program based on
22     the model teacher evaluation template.
23         (4) An evaluator training program based on the model
24     teacher evaluation template. The training program shall
25     provide multiple training options that account for the
26     prior training and experience of the evaluator.

 

 

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1         (5) A superintendent training program based on the
2     model principal evaluation template.
3         (6) One or more instruments to provide feedback to
4     principals on the instructional environment within a
5     school.
6         (7) A State Board-provided or approved technical
7     assistance system that supports districts with the
8     development and implementation of teacher and principal
9     evaluation systems.
10         (8) Web-based systems and tools supporting
11     implementation of the model templates and the evaluator
12     pre-qualification and training programs.
13         (9) A process for measuring and reporting correlations
14     between local principal and teacher evaluations and (A)
15     student growth in tested grades and subjects and (B)
16     retention rates of teachers.
17         (10) A process for assessing whether school district
18     evaluation systems developed pursuant to this Act and that
19     consider student growth as a significant factor in the
20     rating of a teacher's and principal's performance are valid
21     and reliable, contribute to the development of staff, and
22     improve student achievement outcomes. By no later than
23     September 1, 2014, a research-based study shall be issued
24     assessing such systems for validity and reliability,
25     contribution to the development of staff, and improvement
26     of student performance and recommending, based on the

 

 

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1     results of this study, changes, if any, that need to be
2     incorporated into teacher and principal evaluation systems
3     that consider student growth as a significant factor in the
4     rating performance for remaining school districts to be
5     required to implement such systems.
6     (b) If the State of Illinois receives a Race to the Top
7 Grant, the data collection and support systems described in
8 subsection (a) must be developed on or before September 30,
9 2011. If the State of Illinois does not receive a Race to the
10 Top Grant, the data collection and support systems described in
11 subsection (a) must be developed on or before September 30,
12 2012; provided, however, that the data collection and support
13 systems set forth in items (3) and (4) of subsection (a) of
14 this Section must be developed September 30, 2011 regardless of
15 whether the State of Illinois receives a Race to the Top Grant.
16 By no later than September 1, 2011, if the State of Illinois
17 receives a Race to the Top Grant, or September 1, 2012, if the
18 State of Illinois does not receive a Race to the Top Grant, the
19 State Board of Education must execute or contract for the
20 execution of the assessment referenced in item (10) of
21 subsection (a) of this Section to determine whether the school
22 district evaluation systems developed pursuant to this Act have
23 been valid and reliable, contributed to the development of
24 staff, and improved student performance.
25     (c) Districts shall submit data and information to the
26 State Board on teacher and principal performance evaluations

 

 

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1 and evaluation plans in accordance with procedures and
2 requirements for submissions established by the State Board.
3 Such data shall include, without limitation, (i) data on the
4 performance rating given to all teachers in contractual
5 continued service, (ii) data on district recommendations to
6 renew or not renew teachers not in contractual continued
7 service, and (iii) data on the performance rating given to all
8 principals.
9     (d) If the State Board of Education does not timely fulfill
10 any of the requirements set forth in Sections 24A-7 and 24A-20,
11 and adequate and sustainable federal, State, or other funds are
12 not provided to the State Board of Education and school
13 districts to meet their responsibilities under this Article,
14 the applicable implementation date shall be postponed by the
15 number of calendar days equal to those needed by the State
16 Board of Education to fulfill such requirements and for the
17 adequate and sustainable funds to be provided to the State
18 Board of Education and school districts. The determination as
19 to whether the State Board of Education has fulfilled any or
20 all requirements set forth in Sections 24A-7 and 24A-20 and
21 whether adequate and sustainable funds have been provided to
22 the State Board of Education and school districts shall be made
23 by the State Board of Education in consultation with the P-20
24 Council.
 
25     (105 ILCS 5/34-8)  (from Ch. 122, par. 34-8)

 

 

09600SB0315ham001 - 33 - LRB096 06030 MJR 32969 a

1     Sec. 34-8. Powers and duties of general superintendent. The
2 general superintendent of schools shall prescribe and control,
3 subject to the approval of the board and to other provisions of
4 this Article, the courses of study mandated by State law,
5 textbooks, educational apparatus and equipment, discipline in
6 and conduct of the schools, and shall perform such other duties
7 as the board may by rule prescribe. The superintendent shall
8 also notify the State Board of Education, the board and the
9 chief administrative official, other than the alleged
10 perpetrator himself, in the school where the alleged
11 perpetrator serves, that any person who is employed in a school
12 or otherwise comes into frequent contact with children in the
13 school has been named as a perpetrator in an indicated report
14 filed pursuant to the Abused and Neglected Child Reporting Act,
15 approved June 26, 1975, as amended.
16     The general superintendent may be granted the authority by
17 the board to hire a specific number of employees to assist in
18 meeting immediate responsibilities. Conditions of employment
19 for such personnel shall not be subject to the provisions of
20 Section 34-85.
21     The general superintendent may, pursuant to a delegation of
22 authority by the board and Section 34-18, approve contracts and
23 expenditures.
24     Pursuant to other provisions of this Article, sites shall
25 be selected, schoolhouses located thereon and plans therefor
26 approved, and textbooks and educational apparatus and

 

 

09600SB0315ham001 - 34 - LRB096 06030 MJR 32969 a

1 equipment shall be adopted and purchased by the board only upon
2 the recommendation of the general superintendent of schools or
3 by a majority vote of the full membership of the board and, in
4 the case of textbooks, subject to Article 28 of this Act. The
5 board may furnish free textbooks to pupils and may publish its
6 own textbooks and manufacture its own apparatus, equipment and
7 supplies.
8     In addition, in January of each year, the general
9 superintendent of schools shall report to the State Board of
10 Education the number of high school students in the district
11 who are enrolled in accredited courses (for which high school
12 credit will be awarded upon successful completion of the
13 courses) at any community college, together with the name and
14 number of the course or courses which each such student is
15 taking.
16     The general superintendent shall also have the authority to
17 monitor the performance of attendance centers, to identify and
18 place an attendance center on remediation and probation, and to
19 recommend to the board that the attendance center be placed on
20 intervention and be reconstituted, subject to the provisions of
21 Sections 34-8.3 and 8.4.
22     The general superintendent, or his or her designee, shall
23 conduct an annual evaluation of each principal in the district
24 pursuant to guidelines promulgated by the Board and the Board
25 approved principal evaluation form. The evaluation shall be
26 based on factors, including the following: (i) student academic

 

 

09600SB0315ham001 - 35 - LRB096 06030 MJR 32969 a

1 improvement, as defined by the school improvement plan; (ii)
2 student absenteeism rates at the school; (iii) instructional
3 leadership; (iv) effective implementation of programs,
4 policies, or strategies to improve student academic
5 achievement; (v) school management; and (vi) other factors,
6 including, without limitation, the principal's communication
7 skills and ability to create and maintain a student-centered
8 learning environment, to develop opportunities for
9 professional development, and to encourage parental
10 involvement and community partnerships to achieve school
11 improvement.
12     Effective no later than September 1, 2012, the general
13 superintendent or his or her designee shall develop a written
14 principal evaluation plan. The evaluation plan must be in
15 writing and shall supersede the evaluation requirements set
16 forth in this Section. The evaluation plan must do at least all
17 of the following:
18         (1) Provide for annual evaluation of all principals
19     employed under a performance contract by the general
20     superintendent or his or her designee, no later than July
21     1st of each year.
22         (2) Consider the principal's specific duties,
23     responsibilities, management, and competence as a
24     principal.
25         (3) Specify the principal's strengths and weaknesses,
26     with supporting reasons.

 

 

09600SB0315ham001 - 36 - LRB096 06030 MJR 32969 a

1         (4) Align with research-based standards.
2         (5) Use data and indicators on student growth as a
3     significant factor in rating principal performance.
4 (Source: P.A. 95-496, eff. 8-28-07.)
 
5     (105 ILCS 5/34-85c)
6     Sec. 34-85c. Alternative procedures for teacher
7 evaluation, remediation, and removal for cause after
8 remediation.
9     (a) Notwithstanding any law to the contrary, the board and
10 the exclusive representative of the district's teachers are
11 hereby authorized to enter into an agreement to establish
12 alternative procedures for teacher evaluation, remediation,
13 and removal for cause after remediation, including an
14 alternative system for peer evaluation and recommendations;
15 provided, however, that no later than September 1, 2012: (i)
16 any alternative procedures must include provisions whereby
17 student performance data is a significant factor in teacher
18 evaluation and (ii) teachers are rated as "excellent",
19 "proficient", "needs improvement" or "unsatisfactory".
20 Pursuant exclusively to that agreement, teachers assigned to
21 schools identified in that agreement shall be subject to an
22 alternative performance evaluation plan and remediation
23 procedures in lieu of the plan and procedures set forth in
24 Article 24A of this Code and alternative removal for cause
25 standards and procedures in lieu of the removal standards and

 

 

09600SB0315ham001 - 37 - LRB096 06030 MJR 32969 a

1 procedures set forth in Sections 34-85 and 34-85b of this Code.
2 To the extent that the agreement provides a teacher with an
3 opportunity for a hearing on removal for cause before an
4 independent hearing officer in accordance with Sections 34-85
5 and 34-85b or otherwise, the hearing officer shall be governed
6 by the alternative performance evaluation plan, remediation
7 procedures, and removal standards and procedures set forth in
8 the agreement in making findings of fact and a recommendation.
9     (b) The board and the exclusive representative of the
10 district's teachers shall submit a certified copy of an
11 agreement as provided under subsection (a) of this Section to
12 the State Board of Education.
13 (Source: P.A. 95-510, eff. 8-28-07.)
 
14     (105 ILCS 5/24A-6 rep.)
15     Section 20. The School Code is amended by repealing Section
16 24A-6.
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.".