101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2272

 

Introduced , by Rep. Robert Martwick

 

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. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB2272LRB101 05121 AXK 50133 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 either
12electronically or in writing the affected exclusive collective
13bargaining agent and those State legislators representing the
14eligible applicant's territory of its intent to seek approval
15of a waiver or modification and of the hearing to be held to
16take testimony from staff. The affected exclusive collective
17bargaining agents shall be notified of such public hearing at
18least 7 days prior to the date of the hearing and shall be
19allowed to attend such public hearing. The eligible applicant
20shall attest to compliance with all of the notification and
21procedural requirements set forth in 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
645-day 45 day period, the waiver or modification shall be
7deemed granted. The State Board may disapprove any request if
8it is not based upon sound educational practices, endangers the
9health or safety of students or staff, compromises equal
10opportunities for learning, or fails to demonstrate that the
11intent of the rule or mandate can be addressed in a more
12effective, efficient, or economical manner or have improved
13student performance as a primary goal. Any request disapproved
14by the State Board may be appealed to the General Assembly by
15the eligible 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 60 day period, the waiver
12or modification shall be deemed granted. Any resolution adopted
13by the General Assembly disapproving a report of the State
14Board in 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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1100-782, eff. 1-1-19; revised 10-1-18.)
 
2    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
3    (Text of Section before amendment by P.A. 100-448)
4    Sec. 10-17a. State, school district, and school report
5cards.
6    (1) By October 31, 2013 and October 31 of each subsequent
7school year, the State Board of Education, through the State
8Superintendent of Education, shall prepare a State report card,
9school district report cards, and school report cards, and
10shall by the most economic means provide to each school
11district in this State, including special charter districts and
12districts subject to the provisions of Article 34, the report
13cards for the school district and each of its schools.
14    (2) In addition to any information required by federal law,
15the State Superintendent shall determine the indicators and
16presentation of the school report card, which must include, at
17a minimum, the most current data collected and maintained by
18the State Board of Education related to the following:
19        (A) school characteristics and student demographics,
20    including average class size, average teaching experience,
21    student racial/ethnic breakdown, and the percentage of
22    students classified as low-income; the percentage of
23    students classified as English learners; the percentage of
24    students who have individualized education plans or 504
25    plans that provide for special education services; the

 

 

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

 

 

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

 

 

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

 

 

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1    State of Illinois in the prior fiscal year for the school's
2    employees, which shall be reported to the State Board of
3    Education by the Teachers' Retirement System of the State
4    of Illinois;
5        (H) for a school district organized under Article 34 of
6    this Code only, State contributions to the Public School
7    Teachers' Pension and Retirement Fund of Chicago and State
8    contributions for health care for employees of that school
9    district;
10        (I) a school district's Final Percent of Adequacy, as
11    defined in paragraph (4) of subsection (f) of Section
12    18-8.15 of this Code;
13        (J) a school district's Local Capacity Target, as
14    defined in paragraph (2) of subsection (c) of Section
15    18-8.15 of this Code, displayed as a percentage amount;
16        (K) a school district's Real Receipts, as defined in
17    paragraph (1) of subsection (d) of Section 18-8.15 of this
18    Code, divided by a school district's Adequacy Target, as
19    defined in paragraph (1) of subsection (b) of Section
20    18-8.15 of this Code, displayed as a percentage amount; and
21        (L) a school district's administrative costs; and .
22        (M) (L) whether or not the school has participated in
23    the Illinois Youth Survey. In this paragraph (M) (L),
24    "Illinois Youth Survey" means a self-report survey,
25    administered in school settings every 2 years, designed to
26    gather information about health and social indicators,

 

 

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1    including substance abuse patterns and the attitudes of
2    students in grades 8, 10, and 12.
3    The school report card shall also provide information that
4allows for comparing the current outcome, progress, and
5environment data to the State average, to the school data from
6the past 5 years, and to the outcomes, progress, and
7environment of similar schools based on the type of school and
8enrollment of low-income students, special education students,
9and English learners.
10    As used in this subsection (2):
11    "Administrative costs" means costs associated with
12executive, administrative, or managerial functions within the
13school district that involve planning, organizing, managing,
14or directing the school district.
15    "Advanced academic program" means a course of study to
16which students are assigned based on advanced cognitive ability
17or advanced academic achievement compared to local age peers
18and in which the curriculum is substantially differentiated
19from the general curriculum to provide appropriate challenge
20and pace.
21    "Gifted education" means educational services, including
22differentiated curricula and instructional methods, designed
23to meet the needs of gifted children as defined in Article 14A
24of this Code.
25    (3) At the discretion of the State Superintendent, the
26school district report card shall include a subset of the

 

 

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1information identified in paragraphs (A) through (E) of
2subsection (2) of this Section, as well as information relating
3to the operating expense per pupil and other finances of the
4school district, and the State report card shall include a
5subset of the information identified in paragraphs (A) through
6(E) of subsection (2) of this Section.
7    (4) Notwithstanding anything to the contrary in this
8Section, in consultation with key education stakeholders, the
9State Superintendent shall at any time have the discretion to
10amend or update any and all metrics on the school, district, or
11State report card.
12    (5) Annually, no more than 30 calendar days after receipt
13of the school district and school report cards from the State
14Superintendent of Education, each school district, including
15special charter districts and districts subject to the
16provisions of Article 34, shall present such report cards at a
17regular school board meeting subject to applicable notice
18requirements, post the report cards on the school district's
19Internet web site, if the district maintains an Internet web
20site, make the report cards available to a newspaper of general
21circulation serving the district, and, upon request, send the
22report cards home to a parent (unless the district does not
23maintain an Internet web site, in which case the report card
24shall be sent home to parents without request). If the district
25posts the report card on its Internet web site, the district
26shall send a written notice home to parents stating (i) that

 

 

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1the report card is available on the web site, (ii) the address
2of the web site, (iii) that a printed copy of the report card
3will be sent to parents upon request, and (iv) the telephone
4number that parents may call to request a printed copy of the
5report card.
6    (6) Nothing contained in Public Act 98-648 repeals,
7supersedes, invalidates, or nullifies final decisions in
8lawsuits pending on July 1, 2014 (the effective date of Public
9Act 98-648) in Illinois courts involving the interpretation of
10Public Act 97-8.
11(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
1299-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
131-1-18; 100-465, eff. 8-31-17; 100-807, eff. 8-10-18; 100-863,
14eff. 8-14-18; 100-1121, eff. 1-1-19; revised 12-19-18.)
 
15    (Text of Section after amendment by P.A. 100-448)
16    Sec. 10-17a. State, school district, and school report
17cards.
18    (1) By October 31, 2013 and October 31 of each subsequent
19school year, the State Board of Education, through the State
20Superintendent of Education, shall prepare a State report card,
21school district report cards, and school report cards, and
22shall by the most economic means provide to each school
23district in this State, including special charter districts and
24districts subject to the provisions of Article 34, the report
25cards for the school district and each of its schools.

 

 

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1    (2) In addition to any information required by federal law,
2the State Superintendent shall determine the indicators and
3presentation of the school report card, which must include, at
4a minimum, the most current data collected and maintained by
5the State Board of Education related to the following:
6        (A) school characteristics and student demographics,
7    including average class size, average teaching experience,
8    student racial/ethnic breakdown, and the percentage of
9    students classified as low-income; the percentage of
10    students classified as English learners; the percentage of
11    students who have individualized education plans or 504
12    plans that provide for special education services; the
13    number and percentage of all students who have been
14    assessed for placement in a gifted education or advanced
15    academic program and, of those students: (i) the racial and
16    ethnic breakdown, (ii) the percentage who are classified as
17    low-income, and (iii) the number and percentage of students
18    who received direct instruction from a teacher who holds a
19    gifted education endorsement and, of those students, the
20    percentage who are classified as low-income; the
21    percentage of students scoring at the "exceeds
22    expectations" level on the assessments required under
23    Section 2-3.64a-5 of this Code; the percentage of students
24    who annually transferred in or out of the school district;
25    average daily attendance; the per-pupil operating
26    expenditure of the school district; and the per-pupil State

 

 

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1    average operating expenditure for the district type
2    (elementary, high school, or unit);
3        (B) curriculum information, including, where
4    applicable, Advanced Placement, International
5    Baccalaureate or equivalent courses, dual enrollment
6    courses, foreign language classes, school personnel
7    resources (including Career Technical Education teachers),
8    before and after school programs, extracurricular
9    activities, subjects in which elective classes are
10    offered, health and wellness initiatives (including the
11    average number of days of Physical Education per week per
12    student), approved programs of study, awards received,
13    community partnerships, and special programs such as
14    programming for the gifted and talented, students with
15    disabilities, and work-study students;
16        (C) student outcomes, including, where applicable, the
17    percentage of students deemed proficient on assessments of
18    State standards, the percentage of students in the eighth
19    grade who pass Algebra, the percentage of students enrolled
20    in post-secondary institutions (including colleges,
21    universities, community colleges, trade/vocational
22    schools, and training programs leading to career
23    certification within 2 semesters of high school
24    graduation), the percentage of students graduating from
25    high school who are college and career ready, and the
26    percentage of graduates enrolled in community colleges,

 

 

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1    colleges, and universities who are in one or more courses
2    that the community college, college, or university
3    identifies as a developmental course;
4        (D) student progress, including, where applicable, the
5    percentage of students in the ninth grade who have earned 5
6    credits or more without failing more than one core class, a
7    measure of students entering kindergarten ready to learn, a
8    measure of growth, and the percentage of students who enter
9    high school on track for college and career readiness;
10        (E) the school environment, including, where
11    applicable, the percentage of students with less than 10
12    absences in a school year, the percentage of teachers with
13    less than 10 absences in a school year for reasons other
14    than professional development, leaves taken pursuant to
15    the federal Family Medical Leave Act of 1993, long-term
16    disability, or parental leaves, the 3-year average of the
17    percentage of teachers returning to the school from the
18    previous year, the number of different principals at the
19    school in the last 6 years, the number of teachers who hold
20    a gifted education endorsement, the process and criteria
21    used by the district to determine whether a student is
22    eligible for participation in a gifted education program or
23    advanced academic program and the manner in which parents
24    and guardians are made aware of the process and criteria, 2
25    or more indicators from any school climate survey selected
26    or approved by the State and administered pursuant to

 

 

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1    Section 2-3.153 of this Code, with the same or similar
2    indicators included on school report cards for all surveys
3    selected or approved by the State pursuant to Section
4    2-3.153 of this Code, and the combined percentage of
5    teachers rated as proficient or excellent or, on and after
6    September 1, 2019, the percentage of teachers rated as
7    "effective" in their most recent evaluation;
8        (F) a school district's and its individual schools'
9    balanced accountability measure, in accordance with
10    Section 2-3.25a of this Code;
11        (G) the total and per pupil normal cost amount the
12    State contributed to the Teachers' Retirement System of the
13    State of Illinois in the prior fiscal year for the school's
14    employees, which shall be reported to the State Board of
15    Education by the Teachers' Retirement System of the State
16    of Illinois;
17        (H) for a school district organized under Article 34 of
18    this Code only, State contributions to the Public School
19    Teachers' Pension and Retirement Fund of Chicago and State
20    contributions for health care for employees of that school
21    district;
22        (I) a school district's Final Percent of Adequacy, as
23    defined in paragraph (4) of subsection (f) of Section
24    18-8.15 of this Code;
25        (J) a school district's Local Capacity Target, as
26    defined in paragraph (2) of subsection (c) of Section

 

 

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1    18-8.15 of this Code, displayed as a percentage amount;
2        (K) a school district's Real Receipts, as defined in
3    paragraph (1) of subsection (d) of Section 18-8.15 of this
4    Code, divided by a school district's Adequacy Target, as
5    defined in paragraph (1) of subsection (b) of Section
6    18-8.15 of this Code, displayed as a percentage amount; and
7        (L) a school district's administrative costs; and .
8        (M) (L) whether or not the school has participated in
9    the Illinois Youth Survey. In this paragraph (M) (L),
10    "Illinois Youth Survey" means a self-report survey,
11    administered in school settings every 2 years, designed to
12    gather information about health and social indicators,
13    including substance abuse patterns and the attitudes of
14    students in grades 8, 10, and 12.
15    The school report card shall also provide information that
16allows for comparing the current outcome, progress, and
17environment data to the State average, to the school data from
18the past 5 years, and to the outcomes, progress, and
19environment of similar schools based on the type of school and
20enrollment of low-income students, special education students,
21and English learners.
22    As used in this subsection (2):
23    "Administrative costs" means costs associated with
24executive, administrative, or managerial functions within the
25school district that involve planning, organizing, managing,
26or directing the school district.

 

 

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

 

 

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

 

 

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1report card.
2    (6) Nothing contained in Public Act 98-648 repeals,
3supersedes, invalidates, or nullifies final decisions in
4lawsuits pending on July 1, 2014 (the effective date of Public
5Act 98-648) in Illinois courts involving the interpretation of
6Public Act 97-8.
7(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
899-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
91-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807,
10eff. 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19;
11revised 12-19-18.)
 
12    (105 ILCS 5/21B-75)
13    Sec. 21B-75. Suspension or revocation of license.
14    (a) As used in this Section, "teacher" means any school
15district employee regularly required to be licensed, as
16provided in this Article, in order to teach or supervise in the
17public schools.
18    (b) The State Superintendent of Education has the exclusive
19authority, in accordance with this Section and any rules
20adopted by the State Board of Education, in consultation with
21the State Educator Preparation and Licensure Board, to initiate
22the suspension of up to 5 calendar years or revocation of any
23license issued pursuant to this Article for abuse or neglect of
24a child, immorality, a condition of health detrimental to the
25welfare of pupils, incompetency, unprofessional conduct (which

 

 

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1includes the failure to disclose on an employment application
2any previous conviction for a sex offense, as defined in
3Section 21B-80 of this Code, or any other offense committed in
4any other state or against the laws of the United States that,
5if committed in this State, would be punishable as a sex
6offense, as defined in Section 21B-80 of this Code), the
7neglect of any professional duty, willful failure to report an
8instance of suspected child abuse or neglect as required by the
9Abused and Neglected Child Reporting Act, or other just cause.
10Unprofessional conduct shall include the refusal to attend or
11participate in institutes, teachers' meetings, or professional
12readings or to meet other reasonable requirements of the
13regional superintendent of schools or State Superintendent of
14Education. Unprofessional conduct also includes conduct that
15violates the standards, ethics, or rules applicable to the
16security, administration, monitoring, or scoring of or the
17reporting of scores from any assessment test or examination
18administered under Section 2-3.64a-5 of this Code or that is
19known or intended to produce or report manipulated or
20artificial, rather than actual, assessment or achievement
21results or gains from the administration of those tests or
22examinations. Unprofessional conduct shall also include
23neglect or unnecessary delay in the making of statistical and
24other reports required by school officers. Incompetency shall
25include, without limitation, 2 or more school terms of service
26for which the license holder has received an unsatisfactory or,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1person in this State and to take testimony either orally or by
2deposition or by exhibit, with the same fees and mileage and in
3the same manner as prescribed by law in judicial proceedings in
4civil cases in circuit courts of this State.
5    (g) Any circuit court, upon the application of the State
6Superintendent of Education or the license holder, may, by
7order duly entered, require the attendance of witnesses and the
8production of relevant books and papers as part of any
9investigation or at any hearing the State Educator Preparation
10and Licensure Board is authorized to conduct pursuant to this
11Section, and the court may compel obedience to its orders by
12proceedings for contempt.
13    (h) The State Board of Education shall receive an annual
14line item appropriation to cover fees associated with the
15investigation and prosecution of alleged educator misconduct
16and hearings related thereto.
17(Source: P.A. 100-872, eff. 8-14-18.)
 
18    (105 ILCS 5/24-9.5 new)
19    Sec. 24-9.5. Teacher evaluation ratings on and after
20September 1, 2019. On and after September 1, 2019, pursuant to
21this Section, all teacher evaluation ratings on record as
22"excellent", "proficient", or "needs improvement" are
23considered "effective" and all teacher evaluation ratings on
24record as "unsatisfactory" are considered "ineffective" for
25the purposes of this Article.
 

 

 

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1    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
2    Sec. 24-11. Boards of Education - Boards of School
3Inspectors - Contractual continued service.
4    (a) As used in this and the succeeding Sections of this
5Article:
6    "Teacher" means any or all school district employees
7regularly required to be certified under laws relating to the
8certification of teachers.
9    "Board" means board of directors, board of education, or
10board of school inspectors, as the case may be.
11    "School term" means that portion of the school year, July 1
12to the following June 30, when school is in actual session.
13    "Program" means a program of a special education joint
14agreement.
15    "Program of a special education joint agreement" means
16instructional, consultative, supervisory, administrative,
17diagnostic, and related services that are managed by a special
18educational joint agreement designed to service 2 or more
19school districts that are members of the joint agreement.
20    "PERA implementation date" means the implementation date
21of an evaluation system for teachers as specified by Section
2224A-2.5 of this Code for all schools within a school district
23or all programs of a special education joint agreement.
24    (b) This Section and Sections 24-12 through 24-16 of this
25Article apply only to school districts having less than 500,000

 

 

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1inhabitants.
2    (c) Any teacher who is first employed as a full-time
3teacher in a school district or program prior to the PERA
4implementation date and who is employed in that district or
5program for a probationary period of 4 consecutive school terms
6shall enter upon contractual continued service in the district
7or in all of the programs that the teacher is legally qualified
8to hold, unless the teacher is given written notice of
9dismissal by certified mail, return receipt requested, by the
10employing board at least 45 days before the end of any school
11term within such period.
12    (d) For any teacher who is first employed as a full-time
13teacher in a school district or program on or after the PERA
14implementation date, the probationary period shall be one of
15the following periods, based upon the teacher's school terms of
16service and performance, before the teacher shall enter upon
17contractual continued service in the district or in all of the
18programs that the teacher is legally qualified to hold, unless
19the teacher is given written notice of dismissal by certified
20mail, return receipt requested, by the employing board at least
2145 days before the end of any school term within such period:
22        (1) 4 consecutive school terms of service in which the
23    teacher receives overall annual evaluation ratings of at
24    least "Proficient" or, on or after September 1, 2019,
25    "effective" in the last school term and at least
26    "Proficient" or, on or after September 1, 2019, "effective"

 

 

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1    in either the second or third school term;
2        (2) (blank); or 3 consecutive school terms of service
3    in which the teacher receives 3 overall annual evaluations
4    of "Excellent"; or
5        (3) 2 consecutive school terms of service in which the
6    teacher receives 2 overall annual evaluations of
7    "Excellent" or, on or after September 1, 2019, "effective"
8    service, but only if the teacher (i) previously attained
9    contractual continued service in a different school
10    district or program in this State, (ii) voluntarily
11    departed or was honorably dismissed from that school
12    district or program in the school term immediately prior to
13    the teacher's first school term of service applicable to
14    the attainment of contractual continued service under this
15    subdivision (3), and (iii) received, in his or her 2 most
16    recent overall annual or biennial evaluations from the
17    prior school district or program, ratings of at least
18    "Proficient" or, on or after September 1, 2019,
19    "effective", with both such ratings occurring after the
20    school district's or program's PERA implementation date.
21    For a teacher to attain contractual continued service under
22    this subdivision (3), the teacher shall provide official
23    copies of his or her 2 most recent overall annual or
24    biennial evaluations from the prior school district or
25    program to the new school district or program within 60
26    days from the teacher's first day of service with the new

 

 

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

 

 

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

 

 

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

 

 

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1in salary are uniform or based upon some reasonable
2classification, any teacher whose salary is reduced shall be
3entitled to a notice and a hearing as hereinafter provided in
4the case of certain dismissals or removals.
5    (h) If, by reason of any change in the boundaries of school
6districts or by reason of the creation of a new school
7district, the position held by any teacher having a contractual
8continued service status is transferred from one board to the
9control of a new or different board, then the contractual
10continued service status of the teacher is not thereby lost,
11and such new or different board is subject to this Code with
12respect to the teacher in the same manner as if the teacher
13were its employee and had been its employee during the time the
14teacher was actually employed by the board from whose control
15the position was transferred.
16    (i) The employment of any teacher in a program of a special
17education joint agreement established under Section 3-15.14,
1810-22.31 or 10-22.31a shall be governed by this and succeeding
19Sections of this Article. For purposes of attaining and
20maintaining contractual continued service and computing length
21of continuing service as referred to in this Section and
22Section 24-12, employment in a special educational joint
23program shall be deemed a continuation of all previous
24certificated employment of such teacher for such joint
25agreement whether the employer of the teacher was the joint
26agreement, the regional superintendent, or one of the

 

 

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1participating districts in the joint agreement.
2    (j) For any teacher employed after July 1, 1987 as a
3full-time teacher in a program of a special education joint
4agreement, whether the program is operated by the joint
5agreement or a member district on behalf of the joint
6agreement, in the event of a reduction in the number of
7programs or positions in the joint agreement in which the
8notice of dismissal is provided on or before the end of the
92010-2011 school term, the teacher in contractual continued
10service is eligible for employment in the joint agreement
11programs for which the teacher is legally qualified in order of
12greater length of continuing service in the joint agreement,
13unless an alternative method of determining the sequence of
14dismissal is established in a collective bargaining agreement.
15For any teacher employed after July 1, 1987 as a full-time
16teacher in a program of a special education joint agreement,
17whether the program is operated by the joint agreement or a
18member district on behalf of the joint agreement, in the event
19of a reduction in the number of programs or positions in the
20joint agreement in which the notice of dismissal is provided
21during the 2011-2012 school term or a subsequent school term,
22the teacher shall be included on the honorable dismissal lists
23of all joint agreement programs for positions for which the
24teacher is qualified and is eligible for employment in such
25programs in accordance with subsections (b) and (c) of Section
2624-12 of this Code and the applicable honorable dismissal

 

 

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1policies of the joint agreement.
2    (k) For any teacher employed after July 1, 1987 as a
3full-time teacher in a program of a special education joint
4agreement, whether the program is operated by the joint
5agreement or a member district on behalf of the joint
6agreement, in the event of the dissolution of a joint
7agreement, in which the notice to teachers of the dissolution
8is provided during the 2010-2011 school term, the teacher in
9contractual continued service who is legally qualified shall be
10assigned to any comparable position in a member district
11currently held by a teacher who has not entered upon
12contractual continued service or held by a teacher who has
13entered upon contractual continued service with a shorter
14length of contractual continued service. Any teacher employed
15after July 1, 1987 as a full-time teacher in a program of a
16special education joint agreement, whether the program is
17operated by the joint agreement or a member district on behalf
18of the joint agreement, in the event of the dissolution of a
19joint agreement in which the notice to teachers of the
20dissolution is provided during the 2011-2012 school term or a
21subsequent school term, the teacher who is qualified shall be
22included on the order of honorable dismissal lists of each
23member district and shall be assigned to any comparable
24position in any such district in accordance with subsections
25(b) and (c) of Section 24-12 of this Code and the applicable
26honorable dismissal policies of each member district.

 

 

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1    (l) The governing board of the joint agreement, or the
2administrative district, if so authorized by the articles of
3agreement of the joint agreement, rather than the board of
4education of a school district, may carry out employment and
5termination actions including dismissals under this Section
6and Section 24-12.
7    (m) The employment of any teacher in a special education
8program authorized by Section 14-1.01 through 14-14.01, or a
9joint educational program established under Section 10-22.31a,
10shall be under this and the succeeding Sections of this
11Article, and such employment shall be deemed a continuation of
12the previous employment of such teacher in any of the
13participating districts, regardless of the participation of
14other districts in the program.
15    (n) Any teacher employed as a full-time teacher in a
16special education program prior to September 23, 1987 in which
172 or more school districts participate for a probationary
18period of 2 consecutive years shall enter upon contractual
19continued service in each of the participating districts,
20subject to this and the succeeding Sections of this Article,
21and, notwithstanding Section 24-1.5 of this Code, in the event
22of the termination of the program shall be eligible for any
23vacant position in any of such districts for which such teacher
24is qualified.
25(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 

 

 

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1    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
2    Sec. 24-12. Removal or dismissal of teachers in contractual
3continued service.
4    (a) This subsection (a) applies only to honorable
5dismissals and recalls in which the notice of dismissal is
6provided on or before the end of the 2010-2011 school term. If
7a teacher in contractual continued service is removed or
8dismissed as a result of a decision of the board to decrease
9the number of teachers employed by the board or to discontinue
10some particular type of teaching service, written notice shall
11be mailed to the teacher and also given the teacher either by
12certified mail, return receipt requested or personal delivery
13with receipt at least 60 days before the end of the school
14term, together with a statement of honorable dismissal and the
15reason therefor, and in all such cases the board shall first
16remove or dismiss all teachers who have not entered upon
17contractual continued service before removing or dismissing
18any teacher who has entered upon contractual continued service
19and who is legally qualified to hold a position currently held
20by a teacher who has not entered upon contractual continued
21service.
22    As between teachers who have entered upon contractual
23continued service, the teacher or teachers with the shorter
24length of continuing service with the district shall be
25dismissed first unless an alternative method of determining the
26sequence of dismissal is established in a collective bargaining

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1agreement, shall, in consultation with any exclusive employee
2representatives, each year establish a sequence of honorable
3dismissal list categorized by positions and the groupings
4defined in this subsection (b). Copies of the list showing each
5teacher by name and categorized by positions and the groupings
6defined in this subsection (b) must be distributed to the
7exclusive bargaining representative at least 75 days before the
8end of the school term, provided that the school district or
9joint agreement may, with notice to any exclusive employee
10representatives, move teachers from grouping one into another
11grouping during the period of time from 75 days until 45 days
12before the end of the school term. Each year, each board shall
13also establish, in consultation with any exclusive employee
14representatives, a list showing the length of continuing
15service of each teacher who is qualified to hold any such
16positions, unless an alternative method of determining a
17sequence of dismissal is established as provided for in this
18Section, in which case a list must be made in accordance with
19the alternative method. Copies of the list must be distributed
20to the exclusive employee representative at least 75 days
21before the end of the school term.
22    Any teacher dismissed as a result of such decrease or
23discontinuance must be paid all earned compensation on or
24before the third business day following the last day of pupil
25attendance in the regular school term.
26    Prior to September 1, 2019, if If the board or joint

 

 

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1agreement has any vacancies for the following school term or
2within one calendar year from the beginning of the following
3school term, the positions thereby becoming available must be
4tendered to the teachers so removed or dismissed who were in
5grouping groupings 3 or 4 of the sequence of dismissal and are
6qualified to hold the positions, based upon legal
7qualifications and any other qualifications established in a
8district or joint agreement job description, on or before the
9May 10 prior to the date of the positions becoming available,
10provided that if the number of honorable dismissal notices
11based on economic necessity exceeds 15% of the number of
12full-time equivalent positions filled by certified employees
13(excluding principals and administrative personnel) during the
14preceding school year, then the recall period is for the
15following school term or within 2 calendar years from the
16beginning of the following school term. Prior to September 1,
172019, if 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

 

 

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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 July 1, 2014 (the effective date of Public Act
998-648) and before September 1, 2019 this amendatory Act of the
1098th General Assembly, the preceding sentence shall apply to
11teachers removed or dismissed by honorable dismissal, even if
12notice of honorable dismissal occurred during the 2013-2014
13school year. Among teachers eligible for recall pursuant to the
14preceding sentence, the order of recall must be in inverse
15order of dismissal, unless an alternative order of recall is
16established in a collective bargaining agreement or contract
17between the board and a professional faculty members'
18organization. Whenever the number of honorable dismissal
19notices based upon economic necessity exceeds 5 notices or 150%
20of the average number of teachers honorably dismissed in the
21preceding 3 years, whichever is more, then the school board or
22governing board of a joint agreement, as applicable, shall also
23hold a public hearing on the question of the dismissals.
24Following the hearing and board review, the action to approve
25any such reduction shall require a majority vote of the board
26members. Beginning on September 1, 2019, if the board or joint

 

 

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

 

 

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

 

 

HB2272- 54 -LRB101 05121 AXK 50133 b

1all teachers must establish a basis for assigning each teacher
2a rating that complies with subsection (d) of Section 24A-5 of
3this Code for all of the performance evaluation ratings that
4are to be used to determine the sequence of dismissal. A
5teacher's grouping and ranking on a sequence of honorable
6dismissal shall be deemed a part of the teacher's performance
7evaluation, and that information shall be disclosed to the
8exclusive bargaining representative as part of a sequence of
9honorable dismissal list, notwithstanding any laws prohibiting
10disclosure of such information. A performance evaluation
11rating may be used to determine the sequence of dismissal,
12notwithstanding the pendency of any grievance resolution or
13arbitration procedures relating to the performance evaluation.
14If a teacher has received at least one performance evaluation
15rating conducted by the school district or joint agreement
16determining the sequence of dismissal and a subsequent
17performance evaluation is not conducted in any school year in
18which such evaluation is required to be conducted under Section
1924A-5 of this Code, the teacher's performance evaluation rating
20for that school year for purposes of determining the sequence
21of dismissal is deemed Proficient or, on or after September 1,
222019, effective. If a performance evaluation rating is
23nullified as the result of an arbitration, administrative
24agency, or court determination, then the school district or
25joint agreement is deemed to have conducted a performance
26evaluation for that school year, but the performance evaluation

 

 

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1rating may not be used in determining the sequence of
2dismissal.
3    Nothing in this subsection (b) shall be construed as
4limiting the right of a school board or governing board of a
5joint agreement to dismiss a teacher not in contractual
6continued service in accordance with Section 24-11 of this
7Code.
8    Any provisions regarding the sequence of honorable
9dismissals and recall of honorably dismissed teachers in a
10collective bargaining agreement entered into on or before
11January 1, 2011 and in effect on June 13, 2011 (the effective
12date of Public Act 97-8) this amendatory Act of the 97th
13General Assembly that may conflict with Public Act 97-8 this
14amendatory Act of the 97th General Assembly shall remain in
15effect through the expiration of such agreement or June 30,
162013, whichever is earlier.
17    (c) Each school district and special education joint
18agreement must use a joint committee composed of equal
19representation selected by the school board and its teachers
20or, if applicable, the exclusive bargaining representative of
21its teachers, to address the matters described in paragraphs
22(1) through (5) of this subsection (c) pertaining to honorable
23dismissals under subsection (b) of this Section.
24        (1)Prior to September 1, 2019, the The joint committee
25    must consider and may agree to criteria for excluding from
26    grouping 2 and placing into grouping 3 a teacher whose last

 

 

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1    2 performance evaluations include a Needs Improvement and
2    either a Proficient or Excellent.
3        (2) Prior to September 1, 2019, the The joint committee
4    must consider and may agree to an alternative definition
5    for grouping 4, which definition must take into account
6    prior performance evaluation ratings and may take into
7    account other factors that relate to the school district's
8    or program's educational objectives. An alternative
9    definition for grouping 4 may not permit the inclusion of a
10    teacher in the grouping with a Needs Improvement or
11    Unsatisfactory performance evaluation rating on either of
12    the teacher's last 2 performance evaluation ratings.
13        (3) The joint committee may agree to including within
14    the definition of a performance evaluation rating a
15    performance evaluation rating administered by a school
16    district or joint agreement other than the school district
17    or joint agreement determining the sequence of dismissal.
18        (4) For each school district or joint agreement that
19    administers performance evaluation ratings that are
20    inconsistent with either of the rating category systems
21    specified in subsection (d) of Section 24A-5 of this Code,
22    the school district or joint agreement must consult with
23    the joint committee on the basis for assigning a rating
24    that complies with subsection (d) of Section 24A-5 of this
25    Code to each performance evaluation rating that will be
26    used in a sequence of dismissal.

 

 

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

 

 

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

 

 

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1    than an honorable dismissal under subsections (a) or (b) of
2    this Section or a dismissal sought under Section 24-16.5 of
3    this Code, including those under Section 10-22.4, the board
4    must first approve a motion containing specific charges by
5    a majority vote of all its members. Written notice of such
6    charges, including a bill of particulars and the teacher's
7    right to request a hearing, must be mailed to the teacher
8    and also given to the teacher either by certified mail,
9    return receipt requested, or personal delivery with
10    receipt within 5 days of the adoption of the motion. Any
11    written notice sent on or after July 1, 2012 shall inform
12    the teacher of the right to request a hearing before a
13    mutually selected hearing officer, with the cost of the
14    hearing officer split equally between the teacher and the
15    board, or a hearing before a board-selected hearing
16    officer, with the cost of the hearing officer paid by the
17    board.
18        Before setting a hearing on charges stemming from
19    causes that are considered remediable, a board must give
20    the teacher reasonable warning in writing, stating
21    specifically the causes that, if not removed, may result in
22    charges; however, no such written warning is required if
23    the causes have been the subject of a remediation plan
24    pursuant to Article 24A of this Code.
25        If, in the opinion of the board, the interests of the
26    school require it, the board may suspend the teacher

 

 

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1    without pay, pending the hearing, but if the board's
2    dismissal or removal is not sustained, the teacher shall
3    not suffer the loss of any salary or benefits by reason of
4    the suspension.
5        (2) No hearing upon the charges is required unless the
6    teacher within 17 days after receiving notice requests in
7    writing of the board that a hearing be scheduled before a
8    mutually selected hearing officer or a hearing officer
9    selected by the board. The secretary of the school board
10    shall forward a copy of the notice to the State Board of
11    Education.
12        (3) Within 5 business days after receiving a notice of
13    hearing in which either notice to the teacher was sent
14    before July 1, 2012 or, if the notice was sent on or after
15    July 1, 2012, the teacher has requested a hearing before a
16    mutually selected hearing officer, the State Board of
17    Education shall provide a list of 5 prospective, impartial
18    hearing officers from the master list of qualified,
19    impartial hearing officers maintained by the State Board of
20    Education. Each person on the master list must (i) be
21    accredited by a national arbitration organization and have
22    had a minimum of 5 years of experience directly related to
23    labor and employment relations matters between employers
24    and employees or their exclusive bargaining
25    representatives and (ii) beginning September 1, 2012, have
26    participated in training provided or approved by the State

 

 

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

 

 

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

 

 

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

 

 

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1    officer is selected by the board, then the board shall pay
2    100% of the hearing officer's fees and costs. The fees and
3    costs must be paid to the hearing officer within 14 days
4    after the board and the teacher or their legal
5    representatives receive the hearing officer's decision set
6    forth in paragraph (7) of this subsection (d).
7        (6) The teacher is required to answer the bill of
8    particulars and aver affirmative matters in his or her
9    defense, and the time for initially doing so and the time
10    for updating such answer and defenses after pre-hearing
11    discovery must be set by the hearing officer. The State
12    Board of Education shall promulgate rules so that each
13    party has a fair opportunity to present its case and to
14    ensure that the dismissal process proceeds in a fair and
15    expeditious manner. These rules shall address, without
16    limitation, discovery and hearing scheduling conferences;
17    the teacher's initial answer and affirmative defenses to
18    the bill of particulars and the updating of that
19    information after pre-hearing discovery; provision for
20    written interrogatories and requests for production of
21    documents; the requirement that each party initially
22    disclose to the other party and then update the disclosure
23    no later than 10 calendar days prior to the commencement of
24    the hearing, the names and addresses of persons who may be
25    called as witnesses at the hearing, a summary of the facts
26    or opinions each witness will testify to, and all other

 

 

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

 

 

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

 

 

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1    Any post-hearing briefs must be submitted by the parties by
2    no later than 21 days after a party's receipt of the
3    transcript of the hearing, unless extended by the hearing
4    officer for good cause or by mutual agreement of the
5    parties.
6        (7) The hearing officer shall, within 30 days from the
7    conclusion of the hearing or closure of the record,
8    whichever is later, make a decision as to whether or not
9    the teacher shall be dismissed pursuant to Article 24A of
10    this Code or report to the school board findings of fact
11    and a recommendation as to whether or not the teacher shall
12    be dismissed for cause and shall give a copy of the
13    decision or findings of fact and recommendation to both the
14    teacher and the school board. If a hearing officer fails
15    without good cause, specifically provided in writing to
16    both parties and the State Board of Education, to render a
17    decision or findings of fact and recommendation within 30
18    days after the hearing is concluded or the record is
19    closed, whichever is later, the parties may mutually agree
20    to select a hearing officer pursuant to the alternative
21    procedure, as provided in this Section, to rehear the
22    charges heard by the hearing officer who failed to render a
23    decision or findings of fact and recommendation or to
24    review the record and render a decision. If any hearing
25    officer fails without good cause, specifically provided in
26    writing to both parties and the State Board of Education,

 

 

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1    to render a decision or findings of fact and recommendation
2    within 30 days after the hearing is concluded or the record
3    is closed, whichever is later, the hearing officer shall be
4    removed from the master list of hearing officers maintained
5    by the State Board of Education for not more than 24
6    months. The parties and the State Board of Education may
7    also take such other actions as it deems appropriate,
8    including recovering, reducing, or withholding any fees
9    paid or to be paid to the hearing officer. If any hearing
10    officer repeats such failure, he or she must be permanently
11    removed from the master list maintained by the State Board
12    of Education and may not be selected by parties through the
13    alternative selection process under this paragraph (7) or
14    paragraph (4) of this subsection (d). The board shall not
15    lose jurisdiction to discharge a teacher if the hearing
16    officer fails to render a decision or findings of fact and
17    recommendation within the time specified in this Section.
18    If the decision of the hearing officer for dismissal
19    pursuant to Article 24A of this Code or of the school board
20    for dismissal for cause is in favor of the teacher, then
21    the hearing officer or school board shall order
22    reinstatement to the same or substantially equivalent
23    position and shall determine the amount for which the
24    school board is liable, including, but not limited to, loss
25    of income and benefits.
26        (8) The school board, within 45 days after receipt of

 

 

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

 

 

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1    back pay and lost benefits, less mitigation, to be paid to
2    the teacher, within 45 days after its retention order.
3    Should the teacher object to the amount of the back pay and
4    lost benefits or amount mitigated, the teacher shall give
5    written objections to the amount within 21 days. If the
6    parties fail to reach resolution within 7 days, the dispute
7    shall be referred to the hearing officer, who shall
8    consider the school board's written order and teacher's
9    written objection and determine the amount to which the
10    school board is liable. The costs of the hearing officer's
11    review and determination must be paid by the board.
12        (9) The decision of the hearing officer pursuant to
13    Article 24A of this Code or of the school board's decision
14    to dismiss for cause is final unless reviewed as provided
15    in Section 24-16 of this Code Act. If the school board's
16    decision to dismiss for cause is contrary to the hearing
17    officer's recommendation, the court on review shall give
18    consideration to the school board's decision and its
19    supplemental findings of fact, if applicable, and the
20    hearing officer's findings of fact and recommendation in
21    making its decision. In the event such review is
22    instituted, the school board shall be responsible for
23    preparing and filing the record of proceedings, and such
24    costs associated therewith must be divided equally between
25    the parties.
26        (10) If a decision of the hearing officer for dismissal

 

 

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1    pursuant to Article 24A of this Code or of the school board
2    for dismissal for cause is adjudicated upon review or
3    appeal in favor of the teacher, then the trial court shall
4    order reinstatement and shall remand the matter to the
5    school board with direction for entry of an order setting
6    the amount of back pay, lost benefits, and costs, less
7    mitigation. The teacher may challenge the school board's
8    order setting the amount of back pay, lost benefits, and
9    costs, less mitigation, through an expedited arbitration
10    procedure, with the costs of the arbitrator borne by the
11    school board.
12        Any teacher who is reinstated by any hearing or
13    adjudication brought under this Section shall be assigned
14    by the board to a position substantially similar to the one
15    which that teacher held prior to that teacher's suspension
16    or dismissal.
17        (11) Subject to any later effective date referenced in
18    this Section for a specific aspect of the dismissal
19    process, the changes made by Public Act 97-8 shall apply to
20    dismissals instituted on or after September 1, 2011. Any
21    dismissal instituted prior to September 1, 2011 must be
22    carried out in accordance with the requirements of this
23    Section prior to amendment by Public Act 97-8.
24    (e) Nothing contained in Public Act 98-648 this amendatory
25Act of the 98th General Assembly repeals, supersedes,
26invalidates, or nullifies final decisions in lawsuits pending

 

 

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1on July 1, 2014 (the effective date of Public Act 98-648) this
2amendatory Act of the 98th General Assembly in Illinois courts
3involving the interpretation of Public Act 97-8.
4(Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19;
5revised 9-28-18.)
 
6    (105 ILCS 5/24-16.5)
7    Sec. 24-16.5. Optional alternative evaluative dismissal
8process for PERA evaluations.
9    (a) As used in this Section:
10    "Applicable hearing requirements" means (i) for any school
11district having less than 500,000 inhabitants or a program of a
12special education joint agreement, those procedures and
13requirements relating to a teacher's request for a hearing,
14selection of a hearing officer, pre-hearing and hearing
15procedures, and post-hearing briefs set forth in paragraphs (1)
16through (6) of subsection (d) of Section 24-12 of this Code or
17(ii) for a school district having 500,000 inhabitants or more,
18those procedures and requirements relating to a teacher's
19request for a hearing, selection of a hearing officer,
20pre-hearing and hearing procedures, and post-hearing briefs
21set forth in paragraphs (1) through (5) of subsection (a) of
22Section 34-85 of this Code.
23    "Board" means, for a school district having less than
24500,000 inhabitants or a program of a special education joint
25agreement, the board of directors, board of education, or board

 

 

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1of school inspectors, as the case may be. For a school district
2having 500,000 inhabitants or more, "board" means the Chicago
3Board of Education.
4    "Evaluator" means an evaluator, as defined in Section
524A-2.5 of this Code, who has successfully completed the
6pre-qualification program described in subsection (b) of
7Section 24A-3 of this Code.
8    "PERA-trained board member" means a member of a board that
9has completed a training program on PERA evaluations either
10administered or approved by the State Board of Education.
11    "PERA evaluation" means a performance evaluation of a
12teacher after the implementation date of an evaluation system
13for teachers, as specified by Section 24A-2.5 of this Code,
14using a performance evaluation instrument and process that
15meets the minimum requirements for teacher evaluation
16instruments and processes set forth in rules adopted by the
17State Board of Education to implement Public Act 96-861.
18    "Remediation" means the remediation plan, mid-point and
19final evaluations, and related processes and requirements set
20forth in subdivisions (i), (j), and (k) of Section 24A-5 of
21this Code.
22    "School district" means a school district or a program of a
23special education joint agreement.
24    "Second evaluator" means an evaluator who either conducts
25the mid-point and final remediation evaluation or conducts an
26independent assessment of whether the teacher completed the

 

 

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1remediation plan with a rating equal to or better than a
2"Proficient" rating or, on and after September 1, 2019, equal
3to an "effective" rating, all in accordance with subdivision
4(c) of this Section.
5    "Student growth components" means the components of a
6performance evaluation plan described in subdivision (c) of
7Section 24A-5 of this Code, as may be supplemented by
8administrative rules adopted by the State Board of Education.
9    "Teacher practice components" means the components of a
10performance evaluation plan described in subdivisions (a) and
11(b) of Section 24A-5 of this Code, as may be supplemented by
12administrative rules adopted by the State Board of Education.
13    "Teacher representatives" means the exclusive bargaining
14representative of a school district's teachers or, if no
15exclusive bargaining representatives exists, a representative
16committee selected by teachers.
17    (b) This Section applies to all school districts, including
18those having 500,000 or more inhabitants. The optional
19dismissal process set forth in this Section is an alternative
20to those set forth in Sections 24-12 and 34-85 of this Code.
21Nothing in this Section is intended to change the existing
22practices or precedents under Section 24-12 or 34-85 of this
23Code, nor shall this Section be interpreted as implying
24standards and procedures that should or must be used as part of
25a remediation that precedes a dismissal sought under Section
2624-12 or 34-85 of this Code.

 

 

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

 

 

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1    available to serve as second evaluators and who will be
2    added to the list created and established by the school
3    district, provided that, unless otherwise agreed to by the
4    school district, the teacher representatives may not
5    submit more teacher evaluators for inclusion on the list
6    than the number of evaluators submitted by the school
7    district. Each teacher evaluator must either have (i)
8    National Board of Professional Teaching Standards
9    certification, with no "Unsatisfactory" or "Needs
10    Improvement" or, on and after September 1, 2019,
11    "ineffective" performance evaluating ratings in his or her
12    2 most recent performance evaluation ratings; or (ii)
13    "Excellent" or, on and after September 1, 2019, "effective"
14    performance evaluation ratings in 2 of his or her 3 most
15    recent performance evaluations, with no "Needs
16    Improvement" or "Unsatisfactory" or, on and after
17    September 1, 2019, "ineffective" performance evaluation
18    ratings in his or her last 3 ratings. If the teacher
19    representatives do not submit a list of teacher evaluators
20    within 21 days after the school district's request, the
21    school district may proceed with a remediation using a list
22    that includes only the school district's selections.
23    Either the school district or the teacher representatives
24    may revise or add to their selections for the list at any
25    time with notice to the other party, subject to the
26    limitations set forth in this paragraph (1).

 

 

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1        (2) Before a school district's first remediation
2    relating to a dismissal under this Section, the school
3    district shall, in good faith cooperation with its teacher
4    representatives, establish a process for the selection of a
5    second evaluator from the list created pursuant to
6    paragraph (1) of this subsection (c). Such process may be
7    amended at any time in good faith cooperation with the
8    teacher representatives. If the teacher representatives
9    are given an opportunity to cooperate with the school
10    district and elect not to do so, the school district may,
11    at its discretion, establish or amend the process for
12    selection. Before the hearing officer and as part of any
13    judicial review of a dismissal under this Section, a
14    teacher may not challenge a remediation or dismissal on the
15    grounds that the process used by the school district to
16    select a second evaluator was not established in good faith
17    cooperation with its teacher representatives.
18        (3) For each remediation preceding a dismissal under
19    this Section, the school district shall select a second
20    evaluator from the list of second evaluators created
21    pursuant to paragraph (1) of this subsection (c), using the
22    selection process established pursuant to paragraph (2) of
23    this subsection (c). The selected second evaluator may not
24    be the same individual who determined the teacher's
25    "Unsatisfactory" or, on and after September 1, 2019,
26    "ineffective" performance evaluation rating preceding

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1provided in Section 24-12 or 34-85, to rehear the charges heard
2by the hearing officer who failed to render a recommendation or
3to review the record and render a recommendation. If any
4hearing officer fails without good cause, specifically
5provided in writing to both parties and the State Board of
6Education, to render a recommendation within 30 days after the
7hearing is concluded or the record is closed, whichever is
8later, the hearing officer shall be removed from the master
9list of hearing officers maintained by the State Board of
10Education for not more than 24 months. The parties and the
11State Board of Education may also take such other actions as it
12deems appropriate, including recovering, reducing, or
13withholding any fees paid or to be paid to the hearing officer.
14If any hearing officer repeats such failure, he or she shall be
15permanently removed from the master list of hearing officers
16maintained by the State Board of Education.
17    (f) The board, within 45 days after receipt of the hearing
18officer's findings of fact and recommendation, shall decide,
19through adoption of a written order, whether the teacher must
20be dismissed from its employ or retained, provided that only
21PERA-trained board members may participate in the vote with
22respect to the decision.
23    If the board dismisses the teacher notwithstanding the
24hearing officer's recommendation of retention, the board shall
25make a conclusion, giving its reasons therefor, and such
26conclusion and reasons must be included in its written order.

 

 

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1The failure of the board to strictly adhere to the timelines
2contained in this Section does not render it without
3jurisdiction to dismiss the teacher. The board shall not lose
4jurisdiction to discharge the teacher if the hearing officer
5fails to render a recommendation within the time specified in
6this Section. The decision of the board is final, unless
7reviewed as provided in subsection (g) of this Section.
8    If the board retains the teacher, the board shall enter a
9written order stating the amount of back pay and lost benefits,
10less mitigation, to be paid to the teacher, within 45 days of
11its retention order.
12    (g) A teacher dismissed under this Section may apply for
13and obtain judicial review of a decision of the board in
14accordance with the provisions of the Administrative Review
15Law, except as follows:
16        (1) for a teacher dismissed by a school district having
17    500,000 inhabitants or more, such judicial review must be
18    taken directly to the appellate court of the judicial
19    district in which the board maintains its primary
20    administrative office, and any direct appeal to the
21    appellate court must be filed within 35 days from the date
22    that a copy of the decision sought to be reviewed was
23    served upon the teacher;
24        (2) for a teacher dismissed by a school district having
25    less than 500,000 inhabitants after the hearing officer
26    recommended dismissal, such judicial review must be taken

 

 

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

 

 

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

 

 

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1growth as a significant factor in rating teacher performance
2into the evaluation plan, the district shall use a joint
3committee composed of equal representation selected by the
4district and its teachers or, where applicable, the exclusive
5bargaining representative of its teachers. If, within 180
6calendar days of the committee's first meeting, the committee
7does not reach agreement on the plan, then the district shall
8implement the model evaluation plan established under Section
924A-7 with respect to the use of data and indicators on student
10growth as a significant factor in rating teacher performance.
11    Nothing in this subsection (b) shall make decisions on the
12use of data and indicators on student growth as a significant
13factor in rating teaching performance mandatory subjects of
14bargaining under the Illinois Educational Labor Relations Act
15that are not currently mandatory subjects of bargaining under
16the Act.
17    The provisions of the Open Meetings Act shall not apply to
18meetings of a joint committee formed under this subsection (b).
19    (c) Notwithstanding anything to the contrary in subsection
20(b) of this Section, if the joint committee referred to in that
21subsection does not reach agreement on the plan within 90
22calendar days after the committee's first meeting, a school
23district having 500,000 or more inhabitants shall not be
24required to implement any aspect of the model evaluation plan
25and may implement its last best proposal.
26    (d) The use of data and indicators for student growth shall

 

 

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1cease to be a requirement of teacher evaluations beginning no
2later than the 2019-2020 school year. Continued use of student
3growth measures in the 2019-2020 school year and any subsequent
4school years must be agreed to by both the district and the
5teachers or, if applicable, the exclusive bargaining
6representative of its teachers. Beginning the first school year
7following the effective date of this amendatory Act of the
8100th General Assembly, the joint committee referred to in
9subsection (b) of this Section shall meet no less than one time
10annually to assess and review the effectiveness of the
11district's evaluation plan for the purposes of continuous
12improvement of instruction and evaluation practices. On or
13after September 1, 2019, this joint committee shall develop
14differentiated professional development opportunities based on
15the outcomes of the district's evaluation plan. Professional
16development opportunities shall take into account ongoing
17professional responsibilities, including regular teaching
18assignments, and include support and resources the district is
19to provide to strengthen the district's instructional program.
20Nothing in Section 24A-5 of this Code prevents the district and
21its teachers or, if applicable, the exclusive bargaining
22representative of its teachers from establishing additional
23rating categories for school district professional development
24purposes.
25(Source: P.A. 100-768, eff. 1-1-19.)
 

 

 

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1    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
2    Sec. 24A-5. Content of evaluation plans. This Section does
3not apply to teachers assigned to schools identified in an
4agreement entered into between the board of a school district
5operating under Article 34 of this Code and the exclusive
6representative of the district's teachers in accordance with
7Section 34-85c of this Code.
8    Each school district to which this Article applies shall
9establish a teacher evaluation plan which ensures that each
10teacher in contractual continued service is evaluated at least
11once in the course of every 2 school years.
12    By no later than September 1, 2012, each school district
13shall establish a teacher evaluation plan that ensures that:
14        (1) each teacher not in contractual continued service
15    is evaluated at least once every school year; and
16        (2) each teacher in contractual continued service is
17    evaluated at least once in the course of every 2 school
18    years. However, any teacher in contractual continued
19    service whose performance is rated as either "needs
20    improvement" or "unsatisfactory" or, on or after September
21    1, 2019, "ineffective" must be evaluated at least once in
22    the school year following the receipt of such rating.
23    Notwithstanding anything to the contrary in this Section or
24any other Section of the School Code, a principal shall not be
25prohibited from evaluating any teachers within a school during
26his or her first year as principal of such school. If a

 

 

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

 

 

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

 

 

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1    service as "unsatisfactory" or, on or after September 1,
2    2019, "ineffective", development and commencement by the
3    district of a remediation plan designed to correct
4    deficiencies cited, provided the deficiencies are deemed
5    remediable. In all school districts the remediation plan
6    for unsatisfactory, tenured teachers shall provide for 90
7    school days of remediation within the classroom, unless an
8    applicable collective bargaining agreement provides for a
9    shorter duration. In all school districts evaluations
10    issued pursuant to this Section shall be issued within 10
11    days after the conclusion of the respective remediation
12    plan. However, the school board or other governing
13    authority of the district shall not lose jurisdiction to
14    discharge a teacher in the event the evaluation is not
15    issued within 10 days after the conclusion of the
16    respective remediation plan.
17        (j) participation in the remediation plan by the
18    teacher in contractual continued service rated
19    "unsatisfactory" or, on or after September 1, 2019,
20    "ineffective", an evaluator, and a consulting teacher
21    selected by the evaluator of the teacher who was rated
22    "unsatisfactory" or, on or after September 1, 2019,
23    "ineffective". The criteria for a which consulting teacher
24    shall include, but not be limited to, being is an
25    educational employee as defined in the Educational Labor
26    Relations Act, having has at least 5 years' teaching

 

 

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

 

 

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

 

 

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1    the district's evaluation plan.
2        (l) reinstatement to the evaluation schedule set forth
3    in the district's evaluation plan for any teacher in
4    contractual continued service who achieves a rating equal
5    to or better than "satisfactory" or "proficient" in the
6    school year following a rating of "needs improvement" or,
7    on or after September 1, 2019, "effective" or
8    "unsatisfactory" or, on or after September 1, 2019,
9    "ineffective".
10        (m) dismissal in accordance with subsection (d) of
11    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
12    any teacher who fails to complete any applicable
13    remediation plan with a rating equal to or better than a
14    "satisfactory" or "proficient" or, on or after September 1,
15    2019, "effective" rating. Districts and teachers subject
16    to dismissal hearings are precluded from compelling the
17    testimony of consulting teachers at such hearings under
18    subsection (d) of Section 24-12 or Section 24-16.5 or 34-85
19    of this Code, either as to the rating process or for
20    opinions of performances by teachers under remediation.
21        (n) After the implementation date of an evaluation
22    system for teachers in a district as specified in Section
23    24A-2.5 of this Code, if a teacher in contractual continued
24    service successfully completes a remediation plan
25    following a rating of "unsatisfactory" or, on or after
26    September 1, 2019, "ineffective" in an annual or biennial

 

 

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1    overall performance evaluation received after the
2    foregoing implementation date and receives a subsequent
3    rating of "unsatisfactory" or, on or after September 1,
4    2019, "ineffective" in any of the teacher's annual or
5    biennial overall performance evaluation ratings received
6    during the 36-month period following the teacher's
7    completion of the remediation plan, then the school
8    district may forego remediation and seek dismissal in
9    accordance with subsection (d) of Section 24-12 or Section
10    34-85 of this Code.
11    Nothing in this Section or Section 24A-4 shall be construed
12as preventing immediate dismissal of a teacher for deficiencies
13which are deemed irremediable or for actions which are
14injurious to or endanger the health or person of students in
15the classroom or school, or preventing the dismissal or
16non-renewal of teachers not in contractual continued service
17for any reason not prohibited by applicable employment, labor,
18and civil rights laws. Failure to strictly comply with the time
19requirements contained in Section 24A-5 shall not invalidate
20the results of the remediation plan.
21    Nothing contained in this amendatory Act of the 98th
22General Assembly repeals, supersedes, invalidates, or
23nullifies final decisions in lawsuits pending on the effective
24date of this amendatory Act of the 98th General Assembly in
25Illinois courts involving the interpretation of Public Act
2697-8.

 

 

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1(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
2eff. 7-1-14.)
 
3    (105 ILCS 5/24A-5.5 new)
4    Sec. 24A-5.5. Local appeal process for ineffective
5ratings. Beginning with for the first school year following the
6effective date of this amendatory Act of the 101st General
7Assembly, each school district shall, in good faith cooperation
8with its teachers or, if applicable, through good faith
9bargaining with the exclusive bargaining representative of its
10teachers develop and implement an appeals process for
11"ineffective" ratings that includes, but is not limited to, an
12assessment of the original rating by a panel of qualified
13evaluators agreed to by the joint committee referred to in
14subsection (b) of Section 24A-4 of this Code and that has the
15power to reevaluate and re-rate a teacher who appeals. The
16joint committee shall determine the criteria for successful
17appeals.
 
18    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
19    Sec. 24A-7. Rules. The State Board of Education is
20authorized to adopt such rules as are deemed necessary to
21implement and accomplish the purposes and provisions of this
22Article, including, but not limited to, rules (i) relating to
23the methods for measuring student growth (including, but not
24limited to, limitations on the age of useable data; the amount

 

 

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1of data needed to reliably and validly measure growth for the
2purpose of teacher and principal evaluations; and whether and
3at what time annual State assessments may be used as one of
4multiple measures of student growth), (ii) defining the term
5"significant factor" for purposes of including consideration
6of student growth in performance ratings, (iii) controlling for
7such factors as student characteristics (including, but not
8limited to, students receiving special education and English
9Language Learner services), student attendance, and student
10mobility so as to best measure the impact that a teacher,
11principal, school and school district has on students' academic
12achievement, (iv) establishing minimum requirements for
13district teacher and principal evaluation instruments and
14procedures, and (v) establishing a model evaluation plan for
15use by school districts in which student growth shall comprise
1650% of the performance rating. Notwithstanding any provision in
17this Section, such rules shall not preclude a school district
18having 500,000 or more inhabitants from using an annual State
19assessment as the sole measure of student growth for purposes
20of teacher or principal evaluations.
21    The State Superintendent of Education shall convene a
22Performance Evaluation Advisory Council, which shall be
23staffed by the State Board of Education. Members of the Council
24shall be selected by the State Superintendent and include,
25without limitation, representatives of teacher unions and
26school district management, persons with expertise in

 

 

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1performance evaluation processes and systems, as well as other
2stakeholders. The Council shall meet at least quarterly, and
3may also meet at the call of the chairperson of the Council,
4following the effective date of this amendatory Act of the
5100th General Assembly until June 30, 2021. The Council shall
6advise the State Board of Education on the ongoing
7implementation of performance evaluations in this State, which
8may include gathering public feedback, sharing best practices,
9consulting with the State Board on any proposed rule changes
10regarding evaluations, and other subjects as determined by the
11chairperson of the Council.
12    Prior to the applicable implementation date, these rules
13shall not apply to teachers assigned to schools identified in
14an agreement entered into between the board of a school
15district operating under Article 34 of this Code and the
16exclusive representative of the district's teachers in
17accordance with Section 34-85c of this Code.
18(Source: P.A. 100-211, eff. 8-18-17.)
 
19    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
20    Sec. 34-84. Appointments and promotions of teachers.
21Appointments and promotions of teachers shall be made for merit
22only, and after satisfactory service for a probationary period
23of 3 years with respect to probationary employees employed as
24full-time teachers in the public school system of the district
25before January 1, 1998 and 4 years with respect to probationary

 

 

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1employees who are first employed as full-time teachers in the
2public school system of the district on or after January 1,
31998, during which period the board may dismiss or discharge
4any such probationary employee upon the recommendation,
5accompanied by the written reasons therefor, of the general
6superintendent of schools and after which period appointments
7of teachers shall become permanent, subject to removal for
8cause in the manner provided by Section 34-85.
9    For a probationary-appointed teacher in full-time service
10who is appointed on or after July 1, 2013 and who receives
11ratings of "excellent" during his or her first 3 school terms
12of full-time service, the probationary period shall be 3 school
13terms of full-time service. For a probationary-appointed
14teacher in full-time service who is appointed on or after July
151, 2013 and who had previously entered into contractual
16continued service in another school district in this State or a
17program of a special education joint agreement in this State,
18as defined in Section 24-11 of this Code, the probationary
19period shall be 2 school terms of full-time service, provided
20that (i) the teacher voluntarily resigned or was honorably
21dismissed from the prior district or program within the 3-month
22period preceding his or her appointment date, (ii) the
23teacher's last 2 ratings in the prior district or program were
24at least "proficient" or, on or after September 1, 2019,
25"effective" and were issued after the prior district's or
26program's PERA implementation date, as defined in Section 24-11

 

 

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

 

 

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1funded by State or federal categorical funds, and (2) at
2attendance centers maintaining any of grades 9 through 12,
3there may be a second reduction in teachers on the first day of
4the second semester of the regular school term because of a
5decrease in student membership or a change in subject
6requirements within the attendance center organization.
7    The school principal shall make the decision in selecting
8teachers to fill new and vacant positions consistent with
9Section 34-8.1.
10(Source: P.A. 97-8, eff. 6-13-11.)
 
11    (105 ILCS 5/34-85c)
12    Sec. 34-85c. Alternative procedures for teacher
13evaluation, remediation, and removal for cause after
14remediation.
15    (a) Notwithstanding any law to the contrary, the board and
16the exclusive representative of the district's teachers are
17hereby authorized to negotiate and enter into an agreement to
18establish alternative procedures for teacher evaluation,
19remediation, and removal for cause after remediation,
20including an alternative system for peer evaluation and
21recommendations; provided, however, that no later than
22September 1, 2012: (i) any alternative procedures must include
23provisions whereby student performance data is a significant
24factor in teacher evaluation, except that, on and after
25September 1, 2019, such provisions may be included, and (ii)

 

 

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

 

 

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1    (115 ILCS 5/18)  (from Ch. 48, par. 1718)
2    Sec. 18. Meetings. The provisions of the Open Meetings Act
3shall not apply to collective bargaining negotiations,
4including negotiating team strategy sessions, meetings of
5joint committees formed under subsection (c) of Section 24-12
6or subsection (b) of Section 24A-4 of the School Code, and
7grievance arbitrations conducted pursuant to this Act.
8(Source: P.A. 100-768, eff. 1-1-19.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.

 

 

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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