Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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SCHOOLS105 ILCS 5/24-19
(105 ILCS 5/) School Code.
(105 ILCS 5/24-19)
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/24-20
(105 ILCS 5/24-20)
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/24-21
(105 ILCS 5/24-21)
(from Ch. 122, par. 24-21)
Payment of teachers' wages.
The directors shall pay the wages
of teachers in a manner agreed upon by the board, but at least 1 payment
shall be made during each school month. The directors shall issue and deliver
to the teacher an order on the school treasurer for the amount of salary
due. The order shall state the rate and time for which the teacher is paid.
It is unlawful for the directors: (1) to issue an order before they have
certified to any schedule then required to be made; (2) after the date for
filing schedules as fixed by law, to certify any schedule not delivered
to them before that date when such schedule is for time taught before the
first of July preceding; (3) to give an order in payment of a teacher's
wages for the time covered by such delinquent schedule. Teachers not
covered by a negotiated collective bargaining agreement may elect to receive
payment of wages over either a 10 or 12 month period annually.
(Source: P.A. 82-396.)
105 ILCS 5/24-21.1
(105 ILCS 5/24-21.1)
(from Ch. 122, par. 24-21.1)
Organization dues, payments and contributions.
The board shall, upon the written request of an employee, withhold from
the compensation of that employee any
dues, payments or contributions payable by such employee to any employee
labor organization as defined in the Illinois Educational Labor Relations
Act. Under such
arrangement, an amount shall be withheld from each regular payroll
period which is equal to the pro rata share of the annual
dues plus any payments or contributions and the board shall transmit
such withholdings to the specified labor organization within 10 working
days from the time
of the withholding.
(Source: P.A. 83-1014.)
105 ILCS 5/24-22
(105 ILCS 5/24-22)
(Source: P.A. 81-1508. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/24-23
(105 ILCS 5/24-23)
(from Ch. 122, par. 24-23)
Teacher transcript of credits.
Each teacher shall file with the superintendent of the school in which
he is teaching or, if there is no such superintendent, with the Regional
Superintendent of Schools a complete transcript of credits earned in
recognized institutions of higher learning attended by him. On or before September 1 of each year thereafter, unless otherwise provided in a collective bargaining agreement, every teacher shall file
a transcript of any credits that have been earned since the date the
last transcript was filed.
Such record of credits shall be used as the base for determining the
minimum salary for such teachers as provided by Section 24-8 of this Act.
(Source: P.A. 96-998, eff. 7-2-10.)
105 ILCS 5/24-24
(105 ILCS 5/24-24)
(from Ch. 122, par. 24-24)
Maintenance of discipline.
Subject to the limitations of all
policies established or adopted under Section 14-8.05, teachers,
certificated educational employees, and any other person, whether or not a
certificated employee, providing a related service for or with respect to a
student shall maintain discipline in the schools,
including school grounds which are owned or leased by the board and used for
school purposes and activities. In all matters relating to the discipline in
and conduct of the schools and the school children, they stand in the relation
of parents and guardians to the pupils. This relationship shall extend to all
activities connected with the school program, including all athletic and
extracurricular programs, and may be exercised at any time for the safety and
supervision of the pupils in the absence of their parents or guardians.
Nothing in this Section affects the power of the board to establish
rules with respect to discipline; except that each board shall
establish a policy on discipline, and the policy so established shall
provide, subject to the limitations of all policies established or adopted
under Section 14-8.05, that a teacher, other certificated employee, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student may use reasonable
force as needed to
maintain safety for the other students, school personnel or persons or for the
purpose of self defense or the defense of property, shall provide that a
teacher may remove a student
from the classroom for disruptive behavior, and shall include provisions
provide due process to students. The policy shall not include slapping,
paddling or prolonged maintenance of students in physically painful positions
nor shall it include the intentional infliction of bodily harm.
The board may make and enforce reasonable rules of conduct and
sportsmanship for athletic and extracurricular school events. Any person
who violates such rules may be denied admission to school events for not
more than one year, provided that written 10 days notice of the violation
is given such person and a hearing had thereon by the board pursuant to its
rules and regulations. The administration of any school may sign complaints
as agents of the school against persons committing any offense at school
(Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. 7-19-95.)
105 ILCS 5/24-25
(105 ILCS 5/24-25)
(from Ch. 122, par. 24-25)
Teachers and other employees may request any person entering
a public school building or the grounds which are owned or leased by the
board and used for school purposes and activities to identify himself and
the purpose of his entry. A person who refuses to provide such information
is guilty of a Class A misdemeanor.
Authorized agents of an exclusive bargaining representative, upon
notifying the school office, may meet with school employees in the school
building during duty free times of such employees.
(Source: P.A. 86-202.)
105 ILCS 5/24-26
(105 ILCS 5/24-26)
(from Ch. 122, par. 24-26)
Intervening to help students or their family members who
may have alcohol or other drug problems. Teachers and other employees of
school districts may intervene to help students or their family members who
appear to have problems with alcohol and other drugs by encouraging them to
seek an assessment and treatment. School personnel who intervene shall have
immunity from civil liability in accordance with the Alcoholism and Drug
Addiction Intervenor and Reporter Immunity Law. School personnel shall not
be subject to disciplinary action by the school because of an intervention
and may not be prohibited by school policy from intervening.
(Source: P.A. 87-213.)
105 ILCS 5/Art. 24A
(105 ILCS 5/Art. 24A heading)
105 ILCS 5/24A-1
(105 ILCS 5/24A-1)
(from Ch. 122, par. 24A-1)
The purpose of this Article is to improve the
educational services of the elementary and secondary public schools of
Illinois by requiring that all certified school district employees be
evaluated on a periodic basis and that the evaluations result in remedial
action being taken when deemed necessary.
(Source: P.A. 84-972.)
105 ILCS 5/24A-2
(105 ILCS 5/24A-2)
(from Ch. 122, par. 24A-2)
The provisions of this Article shall apply to
all public school districts organized and operating pursuant to the
provisions of this Code, including special charter districts and
those school districts operating in accordance with Article 34, except that this Section does not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code.
(Source: P.A. 95-510, eff. 8-28-07.)
105 ILCS 5/24A-2.5
(105 ILCS 5/24A-2.5)
In this Article:
(1) an administrator qualified under Section 24A-3;
(2) other individuals qualified under Section 24A-3,
provided that, if such other individuals are in the bargaining unit of a district's teachers, the district and the exclusive bargaining representative of that unit must agree to those individuals evaluating other bargaining unit members.
Notwithstanding anything to the contrary in item (2) of this definition, a school district operating under Article 34 of this Code may require department chairs qualified under Section 24A-3 to evaluate teachers in their department or departments, provided that the school district shall bargain with the bargaining representative of its teachers over the impact and effects on department chairs of such a requirement.
"Implementation date" means, unless otherwise specified and provided that the requirements set forth in subsection (d) of Section 24A-20 have been met:
(1) For school districts having 500,000 or more
inhabitants, in at least 300 schools by September 1, 2012 and in the remaining schools by September 1, 2013.
(2) For school districts having less than 500,000
inhabitants and receiving a Race to the Top Grant or School Improvement Grant after the effective date of this amendatory Act of the 96th General Assembly, the date specified in those grants for implementing an evaluation system for teachers and principals incorporating student growth as a significant factor.
(3) For the lowest performing 20% percent of
remaining school districts having less than 500,000 inhabitants (with the measure of and school year or years used for school district performance to be determined by the State Superintendent of Education at a time determined by the State Superintendent), September 1, 2015.
(4) For all other school districts having less than
500,000 inhabitants, September 1, 2016.
Notwithstanding items (3) and (4) of this definition, a school district and the exclusive bargaining representative of its teachers may jointly agree in writing to an earlier implementation date, provided that such date must not be earlier than September 1, 2013. The written agreement of the district and the exclusive bargaining representative must be transmitted to the State Board of Education.
"Race to the Top Grant" means a grant made by the Secretary of the U.S. Department of Education for the program first funded pursuant to paragraph (2) of Section 14006(a) of the American Recovery and Reinvestment Act of 2009.
"School Improvement Grant" means a grant made by the Secretary of the U.S. Department of Education pursuant to Section 1003(g) of the Elementary and Secondary Education Act.
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
105 ILCS 5/24A-3
(105 ILCS 5/24A-3)
(from Ch. 122, par. 24A-3)
Evaluation training and pre-qualification.
boards shall require evaluators to participate in an inservice training on the
evaluation of certified personnel
provided or approved by the State Board of Education prior to undertaking any evaluation and at least once during each certificate renewal cycle. Training provided or approved by the State Board of Education shall include the evaluator training program developed pursuant to Section 24A-20 of this Code.
(b) Any evaluator undertaking an evaluation after September 1, 2012 must first successfully complete a pre-qualification program provided or approved by the State Board of Education. The program must involve rigorous training and an independent observer's determination that the evaluator's ratings properly align to the requirements established by the State Board pursuant to this Article.
(Source: P.A. 96-861, eff. 1-15-10.)
105 ILCS 5/24A-4
(105 ILCS 5/24A-4)
(from Ch. 122, par. 24A-4)
Development of evaluation plan.
(a) As used in
this and the succeeding Sections, "teacher" means any and all school
district employees regularly required to be certified under laws relating
to the certification of teachers. Each school district shall develop, in
cooperation with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan for all
(b) By no later than the applicable implementation date, each school district shall, in good faith cooperation with its teachers or, where applicable, the exclusive bargaining representatives of its teachers, incorporate the use of data and indicators on student growth as a significant factor in rating teaching performance, into its evaluation plan for all teachers, both those teachers in contractual continued service and those teachers not in contractual continued service. The plan shall at least meet the standards and requirements for student growth and teacher evaluation established under Section 24A-7, and specifically describe how student growth data and indicators will be used as part of the evaluation process, how this information will relate to evaluation standards, the assessments or other indicators of student performance that will be used in measuring student growth and the weight that each will have, the methodology that will be used to measure student growth, and the criteria other than student growth that will be used in evaluating the teacher and the weight that each will have.
To incorporate the use of data and indicators of student growth as a significant factor in rating teacher performance into the evaluation plan, the district shall use a joint committee composed of equal representation selected by the district and its teachers or, where applicable, the exclusive bargaining representative of its teachers. If, within 180 calendar days of the committee's first meeting, the committee does not reach agreement on the plan, then the district shall implement the model evaluation plan established under Section 24A-7 with respect to the use of data and indicators on student growth as a significant factor in rating teacher performance.
Nothing in this subsection (b) shall make decisions on the use of data and indicators on student growth as a significant factor in rating teaching performance mandatory subjects of bargaining under the Illinois Educational Labor Relations Act that are not currently mandatory subjects of bargaining under the Act.
(c) Notwithstanding anything to the contrary in subsection (b) of this Section, if the joint committee referred to in that subsection does not reach agreement on the plan within 90 calendar days after the committee's first meeting, a school district having 500,000 or more inhabitants shall not be required to implement any aspect of the model evaluation plan and may implement its last best proposal.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10.)
105 ILCS 5/24A-5
(105 ILCS 5/24A-5)
(from Ch. 122, par. 24A-5)
Content of evaluation plans.
This Section does not apply to teachers assigned to schools identified in an agreement entered into between the board of a school district operating under Article 34 of this Code and the exclusive representative of the district's teachers in accordance with Section 34-85c of this Code.
Each school district to
which this Article applies shall establish a teacher evaluation plan
which ensures that each teacher in contractual continued service
is evaluated at least once in the course of every 2 school years.
By no later than September 1, 2012, each school district shall establish a teacher evaluation plan that ensures that:
(1) each teacher not in contractual continued service
is evaluated at least once every school year; and
(2) each teacher in contractual continued service is
evaluated at least once in the course of every 2 school years. However, any teacher in contractual continued service whose performance is rated as either "needs improvement" or "unsatisfactory" must be evaluated at least once in the school year following the receipt of such rating.
Notwithstanding anything to the contrary in this Section or any other Section of the School Code, a principal shall not be prohibited from evaluating any teachers within a school during his or her first year as principal of such school. If a first-year principal exercises this option in a school district where the evaluation plan provides for a teacher in contractual continued service to be evaluated once in the course of every 2 school years, then a new 2-year evaluation plan must be established.
The evaluation plan shall comply with the requirements of this Section and
of any rules adopted by the State Board of Education pursuant to this Section.
The plan shall include a description of each teacher's duties
and responsibilities and of the standards to which that teacher
is expected to conform, and shall include at least the following components:
(a) personal observation of the teacher in the
classroom by the evaluator, unless the teacher has no classroom duties.
(b) consideration of the teacher's attendance,
planning, instructional methods, classroom management, where relevant, and competency in the subject matter taught.
(c) by no later than the applicable implementation
date, consideration of student growth as a significant factor in the rating of the teacher's performance.
(d) prior to September 1, 2012, rating of the
performance of teachers in contractual continued service as either:
(i) "excellent", "satisfactory" or
(ii) "excellent", "proficient", "needs
improvement" or "unsatisfactory".
(e) on and after September 1, 2012, rating of the
performance of all teachers as "excellent", "proficient", "needs improvement" or "unsatisfactory".
(f) specification as to the teacher's strengths and
weaknesses, with supporting reasons for the comments made.
(g) inclusion of a copy of the evaluation in the
teacher's personnel file and provision of a copy to the teacher.
(h) within 30 school days after the completion of an
evaluation rating a teacher in contractual continued service as "needs improvement", development by the evaluator, in consultation with the teacher, and taking into account the teacher's on-going professional responsibilities including his or her regular teaching assignments, of a professional development plan directed to the areas that need improvement and any supports that the district will provide to address the areas identified as needing improvement.
(i) within 30 school days after completion of an
evaluation rating a teacher in contractual continued service as "unsatisfactory", development and commencement by the district of a remediation plan designed to correct deficiencies cited, provided the deficiencies are deemed remediable. In all school districts the remediation plan for unsatisfactory, tenured teachers shall provide for 90 school days of remediation within the classroom, unless an applicable collective bargaining agreement provides for a shorter duration. In all school districts evaluations issued pursuant to this Section shall be issued within 10 days after the conclusion of the respective remediation plan. However, the school board or other governing authority of the district shall not lose jurisdiction to discharge a teacher in the event the evaluation is not issued within 10 days after the conclusion of the respective remediation plan.
(j) participation in the remediation plan by the
teacher in contractual continued service rated "unsatisfactory", an evaluator and a consulting teacher selected by the evaluator of the teacher who was rated "unsatisfactory", which consulting teacher is an educational employee as defined in the Educational Labor Relations Act, has at least 5 years' teaching experience, and a reasonable familiarity with the assignment of the teacher being evaluated, and who received an "excellent" rating on his or her most recent evaluation. Where no teachers who meet these criteria are available within the district, the district shall request and the applicable regional office of education shall supply, to participate in the remediation process, an individual who meets these criteria.
In a district having a population of less than
500,000 with an exclusive bargaining agent, the bargaining agent may, if it so chooses, supply a roster of qualified teachers from whom the consulting teacher is to be selected. That roster shall, however, contain the names of at least 5 teachers, each of whom meets the criteria for consulting teacher with regard to the teacher being evaluated, or the names of all teachers so qualified if that number is less than 5. In the event of a dispute as to qualification, the State Board shall determine qualification.
(k) a mid-point and final evaluation by an evaluator
during and at the end of the remediation period, immediately following receipt of a remediation plan provided for under subsections (i) and (j) of this Section. Each evaluation shall assess the teacher's performance during the time period since the prior evaluation; provided that the last evaluation shall also include an overall evaluation of the teacher's performance during the remediation period. A written copy of the evaluations and ratings, in which any deficiencies in performance and recommendations for correction are identified, shall be provided to and discussed with the teacher within 10 school days after the date of the evaluation, unless an applicable collective bargaining agreement provides to the contrary. These subsequent evaluations shall be conducted by an evaluator. The consulting teacher shall provide advice to the teacher rated "unsatisfactory" on how to improve teaching skills and to successfully complete the remediation plan. The consulting teacher shall participate in developing the remediation plan, but the final decision as to the evaluation shall be done solely by the evaluator, unless an applicable collective bargaining agreement provides to the contrary. Evaluations at the conclusion of the remediation process shall be separate and distinct from the required annual evaluations of teachers and shall not be subject to the guidelines and procedures relating to those annual evaluations. The evaluator may but is not required to use the forms provided for the annual evaluation of teachers in the district's evaluation plan.
(l) reinstatement to the evaluation schedule set
forth in the district's evaluation plan for any teacher in contractual continued service who achieves a rating equal to or better than "satisfactory" or "proficient" in the school year following a rating of "needs improvement" or "unsatisfactory".
(m) dismissal in accordance with subsection (d) of
Section 24-12 or Section 24-16.5 or 34-85 of this Code of any teacher who fails to complete any applicable remediation plan with a rating equal to or better than a "satisfactory" or "proficient" rating. Districts and teachers subject to dismissal hearings are precluded from compelling the testimony of consulting teachers at such hearings under subsection (d) of Section 24-12 or Section 24-16.5 or 34-85 of this Code, either as to the rating process or for opinions of performances by teachers under remediation.
(n) After the implementation date of an evaluation
system for teachers in a district as specified in Section 24A-2.5 of this Code, if a teacher in contractual continued service successfully completes a remediation plan following a rating of "unsatisfactory" in an annual or biennial overall performance evaluation received after the foregoing implementation date and receives a subsequent rating of "unsatisfactory" in any of the teacher's annual or biennial overall performance evaluation ratings received during the 36-month period following the teacher's completion of the remediation plan, then the school district may forego remediation and seek dismissal in accordance with subsection (d) of Section 24-12 or Section 34-85 of this Code.
Nothing in this Section or Section 24A-4 shall be construed as preventing immediate
dismissal of a teacher for deficiencies which are
deemed irremediable or for actions which are injurious to or endanger the
health or person of students in the classroom or school, or preventing the dismissal or non-renewal of teachers not in contractual continued service for any reason not prohibited by applicable employment, labor, and civil rights laws. Failure to
strictly comply with the time requirements contained in Section 24A-5 shall
not invalidate the results of the remediation plan.
Nothing contained in this amendatory Act of the 98th General Assembly repeals, supersedes, invalidates, or nullifies final decisions in lawsuits pending on the effective date of this amendatory Act of the 98th General Assembly in Illinois courts involving the interpretation of Public Act 97-8.
(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648, eff. 7-1-14.)
105 ILCS 5/24A-6
(105 ILCS 5/24A-6)
(Source: P.A. 86-201. Repealed by P.A. 96-861, eff. 1-15-10.)