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1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. This amendatory Act may be referred to as the
5 Performance Evaluation Reform Act of 2010.
 
6     Section 5. Findings; declarations. The General Assembly
7 finds and declares all of the following:
8         (1) Effective teachers and school leaders are a
9     critical factor contributing to student achievement.
10         (2) Many existing district performance evaluation
11     systems fail to adequately distinguish between effective
12     and ineffective teachers and principals. A recent study of
13     evaluation systems in 3 of the largest Illinois districts
14     found that out of 41,174 teacher evaluations performed over
15     a 5-year period, 92.6% of teachers were rated "superior" or
16     "excellent", 7% were rated "satisfactory", and only 0.4%
17     were rated "unsatisfactory".
18         (3) Performance evaluation systems must assess
19     professional competencies as well as student growth.
20         (4) School districts and the State must ensure that
21     performance evaluation systems are valid and reliable and
22     contribute to the development of staff and improved student
23     achievement outcomes.
 

 

 

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1     Section 10. The School Code is amended by changing Sections
2 2-3.25g, 24A-3, 24A-4, 24A-5, 24A-7, 24A-8, 24A-15, 34-8, and
3 34-85c and by adding Sections 24A-2.5, 24A-7.1, and 24A-20 as
4 follows:
 
5     (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
6     Sec. 2-3.25g. Waiver or modification of mandates within the
7 School Code and administrative rules and regulations.
8     (a) In this Section:
9         "Board" means a school board or the governing board or
10     administrative district, as the case may be, for a joint
11     agreement.
12         "Eligible applicant" means a school district, joint
13     agreement made up of school districts, or regional
14     superintendent of schools on behalf of schools and programs
15     operated by the regional office of education.
16         "Implementation date" has the meaning set forth in
17     Section 24A-2.5 of this Code.
18         "State Board" means the State Board of Education.
19     (b) Notwithstanding any other provisions of this School
20 Code or any other law of this State to the contrary, eligible
21 applicants may petition the State Board of Education for the
22 waiver or modification of the mandates of this School Code or
23 of the administrative rules and regulations promulgated by the
24 State Board of Education. Waivers or modifications of

 

 

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1 administrative rules and regulations and modifications of
2 mandates of this School Code may be requested when an eligible
3 applicant demonstrates that it can address the intent of the
4 rule or mandate in a more effective, efficient, or economical
5 manner or when necessary to stimulate innovation or improve
6 student performance. Waivers of mandates of the School Code may
7 be requested when the waivers are necessary to stimulate
8 innovation or improve student performance. Waivers may not be
9 requested from laws, rules, and regulations pertaining to
10 special education, teacher certification, teacher tenure and
11 seniority, or Section 5-2.1 of this Code or from compliance
12 with the No Child Left Behind Act of 2001 (Public Law 107-110).
13 On and after the applicable implementation date, eligible
14 applicants may not seek a waiver or seek a modification of a
15 mandate regarding the requirements for (i) student performance
16 data to be a significant factor in teacher or principal
17 evaluations or (ii) for teachers and principals to be rated
18 using the 4 categories of "excellent", "proficient", "needs
19 improvement", or "unsatisfactory". On the applicable
20 implementation date, any previously authorized waiver or
21 modification from such requirements shall terminate.
22     (c) Eligible applicants, as a matter of inherent managerial
23 policy, and any Independent Authority established under
24 Section 2-3.25f may submit an application for a waiver or
25 modification authorized under this Section. Each application
26 must include a written request by the eligible applicant or

 

 

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1 Independent Authority and must demonstrate that the intent of
2 the mandate can be addressed in a more effective, efficient, or
3 economical manner or be based upon a specific plan for improved
4 student performance and school improvement. Any eligible
5 applicant requesting a waiver or modification for the reason
6 that intent of the mandate can be addressed in a more
7 economical manner shall include in the application a fiscal
8 analysis showing current expenditures on the mandate and
9 projected savings resulting from the waiver or modification.
10 Applications and plans developed by eligible applicants must be
11 approved by the board or regional superintendent of schools
12 applying on behalf of schools or programs operated by the
13 regional office of education following a public hearing on the
14 application and plan and the opportunity for the board or
15 regional superintendent to hear testimony from staff directly
16 involved in its implementation, parents, and students. The time
17 period for such testimony shall be separate from the time
18 period established by the eligible applicant for public comment
19 on other matters. If the applicant is a school district or
20 joint agreement requesting a waiver or modification of Section
21 27-6 of this Code, the public hearing shall be held on a day
22 other than the day on which a regular meeting of the board is
23 held. If the applicant is a school district, the public hearing
24 must be preceded by at least one published notice occurring at
25 least 7 days prior to the hearing in a newspaper of general
26 circulation within the school district that sets forth the

 

 

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

 

 

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

 

 

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1 applications and requests for completeness and shall compile
2 the requests in reports to be filed with the General Assembly.
3 The State Board shall file reports outlining the waivers
4 requested by eligible applicants and appeals by eligible
5 applicants of requests disapproved by the State Board with the
6 Senate and the House of Representatives before each March 1 and
7 October 1. The General Assembly may disapprove the report of
8 the State Board in whole or in part within 60 calendar days
9 after each house of the General Assembly next convenes after
10 the report is filed by adoption of a resolution by a record
11 vote of the majority of members elected in each house. If the
12 General Assembly fails to disapprove any waiver request or
13 appealed request within such 60 day period, the waiver or
14 modification shall be deemed granted. Any resolution adopted by
15 the General Assembly disapproving a report of the State Board
16 in whole or in part shall be binding on the State Board.
17     (e) An approved waiver or modification (except a waiver
18 from or modification to a physical education mandate) may
19 remain in effect for a period not to exceed 5 school years and
20 may be renewed upon application by the eligible applicant.
21 However, such waiver or modification may be changed within that
22 5-year period by a board or regional superintendent of schools
23 applying on behalf of schools or programs operated by the
24 regional office of education following the procedure as set
25 forth in this Section for the initial waiver or modification
26 request. If neither the State Board of Education nor the

 

 

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1 General Assembly disapproves, the change is deemed granted.
2     An approved waiver from or modification to a physical
3 education mandate may remain in effect for a period not to
4 exceed 2 school years and may be renewed no more than 2 times
5 upon application by the eligible applicant. An approved waiver
6 from or modification to a physical education mandate may be
7 changed within the 2-year period by the board or regional
8 superintendent of schools, whichever is applicable, following
9 the procedure set forth in this Section for the initial waiver
10 or modification request. If neither the State Board of
11 Education nor the General Assembly disapproves, the change is
12 deemed granted.
13     (f) On or before February 1, 1998, and each year
14 thereafter, the State Board of Education shall submit a
15 cumulative report summarizing all types of waivers of mandates
16 and modifications of mandates granted by the State Board or the
17 General Assembly. The report shall identify the topic of the
18 waiver along with the number and percentage of eligible
19 applicants for which the waiver has been granted. The report
20 shall also include any recommendations from the State Board
21 regarding the repeal or modification of waived mandates.
22 (Source: P.A. 94-198, eff. 1-1-06; 94-432, eff. 8-2-05; 94-875,
23 eff. 7-1-06; 95-223, eff. 1-1-08.)
 
24     (105 ILCS 5/24A-2.5 new)
25     Sec. 24A-2.5. Definitions. In this Article:

 

 

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1     "Evaluator" means:
2         (1) an administrator qualified under Section 24A-3; or
3         (2) other individuals qualified under Section 24A-3,
4     provided that, if such other individuals are in the
5     bargaining unit of a district's teachers, the district and
6     the exclusive bargaining representative of that unit must
7     agree to those individuals evaluating other bargaining
8     unit members.
9     Notwithstanding anything to the contrary in item (2) of
10 this definition, a school district operating under Article 34
11 of this Code may require department chairs qualified under
12 Section 24A-3 to evaluate teachers in their department or
13 departments, provided that the school district shall bargain
14 with the bargaining representative of its teachers over the
15 impact and effects on department chairs of such a requirement.
16     "Implementation date" means, unless otherwise specified
17 and provided that the requirements set forth in subsection (d)
18 of Section 24A-20 have been met:
19         (1) For school districts having 500,000 or more
20     inhabitants, in at least 300 schools by September 1, 2012
21     and in the remaining schools by September 1, 2013.
22         (2) For school districts having less than 500,000
23     inhabitants and receiving a Race to the Top Grant or School
24     Improvement Grant after the effective date of this
25     amendatory Act of the 96th General Assembly, the date
26     specified in those grants for implementing an evaluation

 

 

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1     system for teachers and principals incorporating student
2     growth as a significant factor.
3         (3) For the lowest performing 20% percent of remaining
4     school districts having less than 500,000 inhabitants
5     (with the measure of and school year or years used for
6     school district performance to be determined by the State
7     Superintendent of Education at a time determined by the
8     State Superintendent), September 1, 2015.
9         (4) For all other school districts having less than
10     500,000 inhabitants, September 1, 2016.
11     "Race to the Top Grant" means a grant made by the Secretary
12 of the U.S. Department of Education pursuant to paragraph (2)
13 of Section 14006(a) of the American Recovery and Reinvestment
14 Act of 2009.
15     "School Improvement Grant" means a grant made by the
16 Secretary of the U.S. Department of Education pursuant to
17 Section 1003(g) of the Elementary and Secondary Education Act.
 
18     (105 ILCS 5/24A-3)  (from Ch. 122, par. 24A-3)
19     Sec. 24A-3. Evaluation training and pre-qualification.
20     (a) School Beginning January 1, 1986, school boards shall
21 require evaluators those administrators, or -- in school
22 districts having a population exceeding 500,000 -- assistant
23 principals, who evaluate other certified personnel to
24 participate at least once every 2 years in an inservice
25 training workshop on either school improvement or the

 

 

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1 evaluation of certified personnel provided or approved by the
2 State Board of Education prior to undertaking any evaluation
3 and at least once during each certificate renewal cycle.
4 Training provided or approved by the State Board of Education
5 shall include the evaluator training program developed
6 pursuant to Section 24A-20 of this Code.
7     (b) Any evaluator undertaking an evaluation after
8 September 1, 2012 must first successfully complete a
9 pre-qualification program provided or approved by the State
10 Board of Education. The program must involve rigorous training
11 and an independent observer's determination that the
12 evaluator's ratings properly align to the requirements
13 established by the State Board pursuant to this Article.
14 (Source: P.A. 86-1477; 87-1076.)
 
15     (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
16     Sec. 24A-4. Development and submission of evaluation plan.
17     (a) As used in this and the succeeding Sections, "teacher"
18 means any and all school district employees regularly required
19 to be certified under laws relating to the certification of
20 teachers. Each school district shall develop, in cooperation
21 with its teachers or, where applicable, the exclusive
22 bargaining representatives of its teachers, an evaluation plan
23 for all teachers.
24     (b) By no later than the applicable implementation date,
25 each school district shall, in good faith cooperation with its

 

 

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1 teachers or, where applicable, the exclusive bargaining
2 representatives of its teachers, incorporate the use of data
3 and indicators on student growth as a significant factor in
4 rating teaching performance, into its evaluation plan for all
5 teachers, both those teachers in contractual continued service
6 and those teachers not in contractual continued service. The
7 plan shall at least meet the standards and requirements for
8 student growth and teacher evaluation established under
9 Section 24A-7, and specifically describe how student growth
10 data and indicators will be used as part of the evaluation
11 process, how this information will relate to evaluation
12 standards, the assessments or other indicators of student
13 performance that will be used in measuring student growth and
14 the weight that each will have, the methodology that will be
15 used to measure student growth, and the criteria other than
16 student growth that will be used in evaluating the teacher and
17 the weight that each will have.
18     To incorporate the use of data and indicators of student
19 growth as a significant factor in rating teacher performance
20 into the evaluation plan, the district shall use a joint
21 committee composed of equal representation selected by the
22 district and its teachers or, where applicable, the exclusive
23 bargaining representative of its teachers. If, within 180
24 calendar days of the committee's first meeting, the committee
25 does not reach agreement on the plan, then the district shall
26 implement the model evaluation plan established under Section

 

 

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1 24A-7 with respect to the use of data and indicators on student
2 growth as a significant factor in rating teacher performance.
3     Nothing in this subsection (a) shall make decisions on the
4 use of data and indicators on student growth as a significant
5 factor in rating teaching performance mandatory subjects of
6 bargaining under the Illinois Educational Labor Relations Act
7 that are not currently mandatory subjects of bargaining under
8 the Act.
9     (c) Notwithstanding anything to the contrary in subsection
10 (b) of this Section, if the joint committee referred to in that
11 subsection does not reach agreement on the plan within 90
12 calendar days after the committee's first meeting, a school
13 district having 500,000 or more inhabitants shall not be
14 required to implement any aspect of the model evaluation plan
15 and may implement its last best proposal. in contractual
16 continued service. The district shall, no later than October 1,
17 1986, submit a copy of its evaluation plan to the State Board
18 of Education, which shall review the plan and make public its
19 comments thereon, and the district shall at the same time
20 provide a copy to the exclusive bargaining representatives.
21 Whenever any substantive change is made in a district's
22 evaluation plan, the new plan shall be submitted to the State
23 Board of Education for review and comment, and the district
24 shall at the same time provide a copy of any such new plan to
25 the exclusive bargaining representatives. The board of a school
26 district operating under Article 34 of this Code and the

 

 

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1 exclusive representative of the district's teachers shall
2 submit a certified copy of an agreement entered into under
3 Section 34-85c of this Code to the State Board of Education,
4 and that agreement shall constitute the teacher evaluation plan
5 for teachers assigned to schools identified in that agreement.
6 Whenever any substantive change is made in an agreement entered
7 into under Section 34-85c of this Code by the board of a school
8 district operating under Article 34 of this Code and the
9 exclusive representative of the district's teachers, the new
10 agreement shall be submitted to the State Board of Education.
11 (Source: P.A. 95-510, eff. 8-28-07.)
 
12     (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
13     Sec. 24A-5. Content of evaluation plans. This Section does
14 not apply to teachers assigned to schools identified in an
15 agreement entered into between the board of a school district
16 operating under Article 34 of this Code and the exclusive
17 representative of the district's teachers in accordance with
18 Section 34-85c of this Code.
19 Each school district to which this Article applies shall
20 establish a teacher evaluation plan which ensures that each
21 teacher in contractual continued service is evaluated at least
22 once in the course of every 2 school years, beginning with the
23 1986-87 school year.
24     By no later than September 1, 2012, each school district
25 shall establish a teacher evaluation plan that ensures that:

 

 

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1         (1) each teacher not in contractual continued service
2     is evaluated at least once every school year; and
3         (2) each teacher in contractual continued service is
4     evaluated at least once in the course of every 2 school
5     years. However, any teacher in contractual continued
6     service whose performance is rated as either "needs
7     improvement" or "unsatisfactory" must be evaluated at
8     least once in the school year following the receipt of such
9     rating.
10     Notwithstanding anything to the contrary in this Section or
11 any other Section of the School Code, a principal shall not be
12 prohibited from evaluating any teachers within a school during
13 his or her first year as principal of such school.
14     The evaluation plan shall comply with the requirements of
15 this Section and of any rules adopted by the State Board of
16 Education pursuant to this Section.
17     The plan shall include a description of each teacher's
18 duties and responsibilities and of the standards to which that
19 teacher is expected to conform. The plan may provide for
20 evaluation of personnel whose positions require administrative
21 certification by independent evaluators not employed by or
22 affiliated with the school district. The results of the school
23 district administrators' evaluations shall be reported to the
24 employing school board, together with such recommendations for
25 remediation as the evaluator or evaluators may deem
26 appropriate. Evaluation of teachers whose positions do not

 

 

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1 require administrative certification shall be conducted by an
2 administrator qualified under Section 24A-3, or -- in school
3 districts having a population exceeding 500,000 -- by either an
4 administrator qualified under Section 24A-3 or an assistant
5 principal under the supervision of an administrator qualified
6 under Section 24A-3, and shall include at least the following
7 components:
8         (a) personal observation of the teacher in the
9     classroom by the evaluator (on at least 2 different school
10     days in school districts having a population exceeding
11     500,000) by a district administrator qualified under
12     Section 24A-3, or -- in school districts having a
13     population exceeding 500,000 -- by either an administrator
14     qualified under Section 24A-3 or an assistant principal
15     under the supervision of an administrator qualified under
16     Section 24A-3, unless the teacher has no classroom duties.
17         (b) consideration of the teacher's attendance,
18     planning, and instructional methods, classroom management,
19     where relevant, and competency in the subject matter
20     taught, where relevant.
21         (c) by no later than the applicable implementation
22     date, consideration of student growth as a significant
23     factor in the rating of the teacher's performance.
24         (d) prior to September 1, 2012, (c) rating of the
25     teacher's performance of teachers in contractual continued
26     service 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, 2012, rating of the
6     performance of teachers in contractual continued service
7     as "excellent", "proficient", "needs improvement" or
8     "unsatisfactory".
9         (f) (d) specification as to the teacher's strengths and
10     weaknesses, with supporting reasons for the comments made.
11         (g) (e) inclusion of a copy of the evaluation in the
12     teacher's personnel file and provision of a copy to the
13     teacher.
14         (h) within 30 school days after the completion of an
15     evaluation rating a teacher in contractual continued
16     service as "needs improvement", development by the
17     evaluator, in consultation with the teacher, and taking
18     into account the teacher's on-going professional
19     responsibilities including his or her regular teaching
20     assignments, of a professional development plan directed
21     to the areas that need improvement and any supports that
22     the district will provide to address the areas identified
23     as needing improvement.
24         (i) (f) within 30 days after completion of an
25     evaluation rating a teacher in contractual continued
26     service as "unsatisfactory", development and commencement

 

 

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1     by the district, or by an administrator qualified under
2     Section 24A-3 or an assistant principal under the
3     supervision of an administrator qualified under Section
4     24A-3 in school districts having a population exceeding
5     500,000, of a remediation plan designed to correct
6     deficiencies cited, provided the deficiencies are deemed
7     remediable. In all school districts the remediation plan
8     for unsatisfactory, tenured teachers shall provide for 90
9     school days of remediation within the classroom, unless an
10     applicable collective bargaining agreement provides for a
11     shorter duration. In all school districts evaluations
12     issued pursuant to this Section shall be issued within 10
13     days after the conclusion of the respective remediation
14     plan. However, the school board or other governing
15     authority of the district shall not lose jurisdiction to
16     discharge a teacher in the event the evaluation is not
17     issued within 10 days after the conclusion of the
18     respective remediation plan.
19         (j) (g) participation in the remediation plan by the
20     teacher in contractual continued service rated
21     "unsatisfactory", an evaluator and a district
22     administrator qualified under Section 24A-3 (or -- in a
23     school district having a population exceeding 500,000 -- an
24     administrator qualified under Section 24A-3 or an
25     assistant principal under the supervision of an
26     administrator qualified under Section 24A-3), and a

 

 

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1     consulting teacher, selected by the evaluator by the
2     participating administrator or by the principal, or -- in
3     school districts having a population exceeding 500,000 --
4     by an administrator qualified under Section 24A-3 or by an
5     assistant principal under the supervision of an
6     administrator qualified under Section 24A-3, of the
7     teacher who was rated "unsatisfactory", which consulting
8     teacher is an educational employee as defined in the
9     Educational Labor Relations Act, has at least 5 years'
10     teaching experience, and a reasonable familiarity with the
11     assignment of the teacher being evaluated, and who received
12     an "excellent" rating on his or her most recent evaluation.
13     Where no teachers who meet these criteria are available
14     within the district, the district shall request and the
15     State Board of Education shall supply, to participate in
16     the remediation process, an individual who meets these
17     criteria.
18         In a district having a population of less than 500,000
19     with an exclusive bargaining agent, the bargaining agent
20     may, if it so chooses, supply a roster of qualified
21     teachers from whom the consulting teacher is to be
22     selected. That roster shall, however, contain the names of
23     at least 5 teachers, each of whom meets the criteria for
24     consulting teacher with regard to the teacher being
25     evaluated, or the names of all teachers so qualified if
26     that number is less than 5. In the event of a dispute as to

 

 

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1     qualification, the State Board shall determine
2     qualification.
3         (k) a mid-point and final evaluation by an evaluator
4     during and at the end of the remediation period,
5     immediately following receipt of a remediation plan
6     provided for under subsections (i) and (j) of this Section.
7     Each evaluation shall assess the teacher's performance
8     during the time period since the prior evaluation; provided
9     that the last evaluation shall also include an overall
10     evaluation of the teacher's performance during the
11     remediation period. A written copy of the evaluations and
12     ratings, in which any deficiencies in performance and
13     recommendations for correction are identified, shall be
14     provided to and discussed with the teacher within 10 school
15     days after the date of the evaluation, unless an applicable
16     collective bargaining agreement provides to the contrary.
17     (h) evaluations and ratings once every 30 school days for
18     the 90 school day remediation period immediately following
19     receipt of a remediation plan provided for under
20     subsections (f) and (g) of this Section; provided that in
21     school districts having a population exceeding 500,000
22     there shall be monthly evaluations and ratings for the
23     first 6 months and quarterly evaluations and ratings for
24     the next 6 months immediately following completion of the
25     remediation program of a teacher for whom a remediation
26     plan has been developed. These subsequent evaluations

 

 

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1     shall be conducted by an evaluator the participating
2     administrator, or -- in school districts having a
3     population exceeding 500,000 -- by either the principal or
4     by an assistant principal under the supervision of an
5     administrator qualified under Section 24A-3. The
6     consulting teacher shall provide advice to the teacher
7     rated "unsatisfactory" on how to improve teaching skills
8     and to successfully complete the remediation plan. The
9     consulting teacher shall participate in developing the
10     remediation plan, but the final decision as to the
11     evaluation shall be done solely by the evaluator
12     administrator, or -- in school districts having a
13     population exceeding 500,000 -- by either the principal or
14     by an assistant principal under the supervision of an
15     administrator qualified under Section 24A-3, unless an
16     applicable collective bargaining agreement provides to the
17     contrary. Teachers in the remediation process in a school
18     district having a population exceeding 500,000 are not
19     subject to the annual evaluations described in paragraphs
20     (a) through (e) of this Section. Evaluations at the
21     conclusion of the remediation process shall be separate and
22     distinct from the required annual evaluations of teachers
23     and shall not be subject to the guidelines and procedures
24     relating to those annual evaluations. The evaluator may but
25     is not required to use the forms provided for the annual
26     evaluation of teachers in the district's evaluation plan.

 

 

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1         (l) (i) in school districts having a population of less
2     than 500,000, reinstatement to the evaluation schedule set
3     forth in the district's evaluation plan a schedule of
4     biennial evaluation for any teacher in contractual
5     continued service who achieves a rating equal to or better
6     than "satisfactory" or "proficient" in the school year
7     following a rating of "needs improvement" or
8     "unsatisfactory". completes the 90 school day remediation
9     plan with a "satisfactory" or better rating, unless the
10     district's plan regularly requires more frequent
11     evaluations; and in school districts having a population
12     exceeding 500,000, reinstatement to a schedule of biennial
13     evaluation for any teacher who completes the 90 school day
14     remediation plan with a "satisfactory" or better rating and
15     the one year intensive review schedule as provided in
16     paragraph (h) of this Section with a "satisfactory" or
17     better rating, unless such district's plan regularly
18     requires more frequent evaluations.
19         (m) (j) dismissal in accordance with Section 24-12 or
20     34-85 of the School Code of any teacher who fails to
21     complete any applicable remediation plan with a rating
22     equal to or better than a "satisfactory" or "proficient"
23     better rating. Districts and teachers subject to dismissal
24     hearings are precluded from compelling the testimony of
25     consulting teachers at such hearings under Section 24-12 or
26     34-85, either as to the rating process or for opinions of

 

 

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1     performances by teachers under remediation.
2     In a district subject to a collective bargaining agreement
3 as of the effective date of this amendatory Act of 1997, any
4 changes made by this amendatory Act to the provisions of this
5 Section that are contrary to the express terms and provisions
6 of that agreement shall go into effect in that district only
7 upon expiration of that agreement. Thereafter, collectively
8 bargained evaluation plans shall at a minimum meet the
9 standards of this Article. If such a district has an evaluation
10 plan, however, whether pursuant to the collective bargaining
11 agreement or otherwise, a copy of that plan shall be submitted
12 to the State Board of Education for review and comment, in
13 accordance with Section 24A-4.
14     Nothing in this Section or Section 24A-4 shall be construed
15 as preventing immediate dismissal of a teacher for deficiencies
16 which are deemed irremediable or for actions which are
17 injurious to or endanger the health or person of students in
18 the classroom or school, or preventing the dismissal or
19 non-renewal of teachers not in contractual continued service
20 for any reason not prohibited by applicable employment, labor,
21 and civil rights laws. Failure to strictly comply with the time
22 requirements contained in Section 24A-5 shall not invalidate
23 the results of the remediation plan.
24 (Source: P.A. 95-510, eff. 8-28-07.)
 
25     (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)

 

 

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1     Sec. 24A-7. Rules. The State Board of Education is
2 authorized to adopt such rules as are deemed necessary to
3 implement and accomplish the purposes and provisions of this
4 Article, including, but not limited to, rules (i) relating to
5 the methods for measuring student growth (including, but not
6 limited to, limitations on the age of useable data; the amount
7 of data needed to reliably and validly measure growth for the
8 purpose of teacher and principal evaluations; and whether and
9 at what time annual State assessments may be used as one of
10 multiple measures of student growth), (ii) defining the term
11 "significant factor" for purposes of including consideration
12 of student growth in performance ratings, (iii) controlling for
13 such factors as student characteristics (including, but not
14 limited to, students receiving special education and English
15 Language Learner services), student attendance, and student
16 mobility so as to best measure the impact that a teacher,
17 principal, school and school district has on students' academic
18 achievement, (iv) establishing minimum requirements for
19 district teacher and principal evaluation instruments and
20 procedures, and (v) establishing a model evaluation plan for
21 use by school districts in which student growth shall comprise
22 50% of the performance rating. Notwithstanding any provision in
23 this Section, rules shall not preclude a school district having
24 500,000 or more inhabitants from using an annual State
25 assessment as the sole measure of student growth for purposes
26 of teacher or principal evaluations.

 

 

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1     The rules shall be developed through a process involving
2 collaboration with a Performance Evaluation Advisory Council,
3 which shall be convened and staffed by the State Board of
4 Education. Members of the Council shall be selected by the
5 State Superintendent and include, without limitation,
6 representatives of teacher unions and school district
7 management, persons with expertise in performance evaluation
8 processes and systems, as well as other stakeholders. The
9 Performance Evaluation Advisory Council shall meet at least
10 quarterly following the effective date of this amendatory Act
11 of the 96th General Assembly until June 30, 2017.
12     Prior to the applicable implementation date, except that
13 these rules shall not apply to teachers assigned to schools
14 identified in an agreement entered into between the board of a
15 school district operating under Article 34 of this Code and the
16 exclusive representative of the district's teachers in
17 accordance with Section 34-85c of this Code.
18 (Source: P.A. 95-510, eff. 8-28-07.)
 
19     (105 ILCS 5/24A-7.1 new)
20     Sec. 24A-7.1. Teacher, principal, and superintendent
21 performance evaluations. Except as otherwise provided under
22 this Act, disclosure of public school teacher, principal, and
23 superintendent performance evaluations is prohibited.
 
24     (105 ILCS 5/24A-8)  (from Ch. 122, par. 24A-8)

 

 

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1     Sec. 24A-8. Evaluation of teachers not in contractual
2 continued service. Each Beginning with the 1987-88 school year
3 each teacher not in contractual continued service shall be
4 evaluated at least once each school year.
5 (Source: P.A. 84-1419.)
 
6     (105 ILCS 5/24A-15)
7     Sec. 24A-15. Development and submission of evaluation plan
8 for principals.
9     (a) Each Beginning with the 2006-2007 school year and each
10 school year thereafter, each school district, except for a
11 school district organized under Article 34 of this Code, shall
12 establish a principal evaluation plan in accordance with this
13 Section. The plan must ensure that each principal is evaluated
14 as follows:
15         (1) For a principal on a single-year contract, the
16     evaluation must take place by March February 1 of each
17     year.
18         (2) For a principal on a multi-year contract under
19     Section 10-23.8a of this Code, the evaluation must take
20     place by March 1 February 1 of the final year of the
21     contract.
22     On and after September 1, 2012, the plan must:
23         (i) rate the principal's performance as "excellent",
24     "proficient", "needs improvement" or "unsatisfactory"; and
25         (ii) ensure that each principal is evaluated at least

 

 

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1     once every school year.
2     Nothing in this Section prohibits a school district from
3 conducting additional evaluations of principals.
4     (b) The evaluation shall include a description of the
5 principal's duties and responsibilities and the standards to
6 which the principal is expected to conform.
7     (c) The evaluation must be performed by the district
8 superintendent, the superintendent's designee, or, in the
9 absence of the superintendent or his or her designee, an
10 individual appointed by the school board who holds a registered
11 Type 75 State administrative certificate.
12     Prior to September 1, 2012, the The evaluation must be in
13 writing and must at least do all of the following:
14         (1) Consider the principal's specific duties,
15     responsibilities, management, and competence as a
16     principal.
17         (2) Specify the principal's strengths and weaknesses,
18     with supporting reasons.
19         (3) Align with the Illinois Professional Standards for
20     School Leaders or research-based standards established by
21     administrative rule district standards.
22     On and after September 1, 2012, the evaluation must, in
23 addition to the requirements in items (1), (2), and (3) of this
24 subsection (c), provide for the use of data and indicators on
25 student growth as a significant factor in rating performance.
26     (d) One copy of the evaluation must be included in the

 

 

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1 principal's personnel file and one copy of the evaluation must
2 be provided to the principal.
3     (e) Failure by a district to evaluate a principal and to
4 provide the principal with a copy of the evaluation at least
5 once during the term of the principal's contract, in accordance
6 with this Section, is evidence that the principal is performing
7 duties and responsibilities in at least a satisfactory manner
8 and shall serve to automatically extend the principal's
9 contract for a period of one year after the contract would
10 otherwise expire, under the same terms and conditions as the
11 prior year's contract. The requirements in this Section are in
12 addition to the right of a school board to reclassify a
13 principal pursuant to Section 10-23.8b of this Code.
14     (f) Nothing in this Section prohibits a school board from
15 ordering lateral transfers of principals to positions of
16 similar rank and salary.
17 (Source: P.A. 94-1039, eff. 7-20-06.)
 
18     (105 ILCS 5/24A-20 new)
19     Sec. 24A-20. State Board of Education data collection and
20 evaluation assessment and support systems.
21     (a) On or before the date established in subsection (b) of
22 this Section, the State Board of Education shall, through a
23 process involving collaboration with the Performance
24 Evaluation Advisory Council, develop or contract for the
25 development of and implement all of the following data

 

 

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1 collection and evaluation assessment and support systems:
2         (1) A system to annually collect and publish data by
3     district and school on teacher and administrator
4     performance evaluation outcomes. The system must ensure
5     that no teacher or administrator can be personally
6     identified by publicly reported data.
7         (2) Both a teacher and principal model evaluation
8     template. The model templates must incorporate the
9     requirements of this Article and any other requirements
10     established by the State Board by administrative rule, but
11     allow customization by districts in a manner that does not
12     conflict with such requirements.
13         (3) An evaluator pre-qualification program based on
14     the model teacher evaluation template.
15         (4) An evaluator training program based on the model
16     teacher evaluation template. The training program shall
17     provide multiple training options that account for the
18     prior training and experience of the evaluator.
19         (5) A superintendent training program based on the
20     model principal evaluation template.
21         (6) One or more instruments to provide feedback to
22     principals on the instructional environment within a
23     school.
24         (7) A State Board-provided or approved technical
25     assistance system that supports districts with the
26     development and implementation of teacher and principal

 

 

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1     evaluation systems.
2         (8) Web-based systems and tools supporting
3     implementation of the model templates and the evaluator
4     pre-qualification and training programs.
5         (9) A process for measuring and reporting correlations
6     between local principal and teacher evaluations and (A)
7     student growth in tested grades and subjects and (B)
8     retention rates of teachers.
9         (10) A process for assessing whether school district
10     evaluation systems developed pursuant to this Act and that
11     consider student growth as a significant factor in the
12     rating of a teacher's and principal's performance are valid
13     and reliable, contribute to the development of staff, and
14     improve student achievement outcomes. By no later than
15     September 1, 2014, a research-based study shall be issued
16     assessing such systems for validity and reliability,
17     contribution to the development of staff, and improvement
18     of student performance and recommending, based on the
19     results of this study, changes, if any, that need to be
20     incorporated into teacher and principal evaluation systems
21     that consider student growth as a significant factor in the
22     rating performance for remaining school districts to be
23     required to implement such systems.
24     (b) If the State of Illinois receives a Race to the Top
25 Grant, the data collection and support systems described in
26 subsection (a) must be developed on or before September 30,

 

 

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1 2011. If the State of Illinois does not receive a Race to the
2 Top Grant, the data collection and support systems described in
3 subsection (a) must be developed on or before September 30,
4 2012; provided, however, that the data collection and support
5 systems set forth in items (3) and (4) of subsection (a) of
6 this Section must be developed by September 30, 2011 regardless
7 of whether the State of Illinois receives a Race to the Top
8 Grant. By no later than September 1, 2011, if the State of
9 Illinois receives a Race to the Top Grant, or September 1,
10 2012, if the State of Illinois does not receive a Race to the
11 Top Grant, the State Board of Education must execute or
12 contract for the execution of the assessment referenced in item
13 (10) of subsection (a) of this Section to determine whether the
14 school district evaluation systems developed pursuant to this
15 Act have been valid and reliable, contributed to the
16 development of staff, and improved student performance.
17     (c) Districts shall submit data and information to the
18 State Board on teacher and principal performance evaluations
19 and evaluation plans in accordance with procedures and
20 requirements for submissions established by the State Board.
21 Such data shall include, without limitation, (i) data on the
22 performance rating given to all teachers in contractual
23 continued service, (ii) data on district recommendations to
24 renew or not renew teachers not in contractual continued
25 service, and (iii) data on the performance rating given to all
26 principals.

 

 

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1     (d) If the State Board of Education does not timely fulfill
2 any of the requirements set forth in Sections 24A-7 and 24A-20,
3 and adequate and sustainable federal, State, or other funds are
4 not provided to the State Board of Education and school
5 districts to meet their responsibilities under this Article,
6 the applicable implementation date shall be postponed by the
7 number of calendar days equal to those needed by the State
8 Board of Education to fulfill such requirements and for the
9 adequate and sustainable funds to be provided to the State
10 Board of Education and school districts. The determination as
11 to whether the State Board of Education has fulfilled any or
12 all requirements set forth in Sections 24A-7 and 24A-20 and
13 whether adequate and sustainable funds have been provided to
14 the State Board of Education and school districts shall be made
15 by the State Board of Education in consultation with the P-20
16 Council.
 
17     (105 ILCS 5/34-8)  (from Ch. 122, par. 34-8)
18     Sec. 34-8. Powers and duties of general superintendent. The
19 general superintendent of schools shall prescribe and control,
20 subject to the approval of the board and to other provisions of
21 this Article, the courses of study mandated by State law,
22 textbooks, educational apparatus and equipment, discipline in
23 and conduct of the schools, and shall perform such other duties
24 as the board may by rule prescribe. The superintendent shall
25 also notify the State Board of Education, the board and the

 

 

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1 chief administrative official, other than the alleged
2 perpetrator himself, in the school where the alleged
3 perpetrator serves, that any person who is employed in a school
4 or otherwise comes into frequent contact with children in the
5 school has been named as a perpetrator in an indicated report
6 filed pursuant to the Abused and Neglected Child Reporting Act,
7 approved June 26, 1975, as amended.
8     The general superintendent may be granted the authority by
9 the board to hire a specific number of employees to assist in
10 meeting immediate responsibilities. Conditions of employment
11 for such personnel shall not be subject to the provisions of
12 Section 34-85.
13     The general superintendent may, pursuant to a delegation of
14 authority by the board and Section 34-18, approve contracts and
15 expenditures.
16     Pursuant to other provisions of this Article, sites shall
17 be selected, schoolhouses located thereon and plans therefor
18 approved, and textbooks and educational apparatus and
19 equipment shall be adopted and purchased by the board only upon
20 the recommendation of the general superintendent of schools or
21 by a majority vote of the full membership of the board and, in
22 the case of textbooks, subject to Article 28 of this Act. The
23 board may furnish free textbooks to pupils and may publish its
24 own textbooks and manufacture its own apparatus, equipment and
25 supplies.
26     In addition, in January of each year, the general

 

 

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1 superintendent of schools shall report to the State Board of
2 Education the number of high school students in the district
3 who are enrolled in accredited courses (for which high school
4 credit will be awarded upon successful completion of the
5 courses) at any community college, together with the name and
6 number of the course or courses which each such student is
7 taking.
8     The general superintendent shall also have the authority to
9 monitor the performance of attendance centers, to identify and
10 place an attendance center on remediation and probation, and to
11 recommend to the board that the attendance center be placed on
12 intervention and be reconstituted, subject to the provisions of
13 Sections 34-8.3 and 8.4.
14     The general superintendent, or his or her designee, shall
15 conduct an annual evaluation of each principal in the district
16 pursuant to guidelines promulgated by the Board and the Board
17 approved principal evaluation form. The evaluation shall be
18 based on factors, including the following: (i) student academic
19 improvement, as defined by the school improvement plan; (ii)
20 student absenteeism rates at the school; (iii) instructional
21 leadership; (iv) effective implementation of programs,
22 policies, or strategies to improve student academic
23 achievement; (v) school management; and (vi) other factors,
24 including, without limitation, the principal's communication
25 skills and ability to create and maintain a student-centered
26 learning environment, to develop opportunities for

 

 

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1 professional development, and to encourage parental
2 involvement and community partnerships to achieve school
3 improvement.
4     Effective no later than September 1, 2012, the general
5 superintendent or his or her designee shall develop a written
6 principal evaluation plan. The evaluation plan must be in
7 writing and shall supersede the evaluation requirements set
8 forth in this Section. The evaluation plan must do at least all
9 of the following:
10         (1) Provide for annual evaluation of all principals
11     employed under a performance contract by the general
12     superintendent or his or her designee, no later than July
13     1st of each year.
14         (2) Consider the principal's specific duties,
15     responsibilities, management, and competence as a
16     principal.
17         (3) Specify the principal's strengths and weaknesses,
18     with supporting reasons.
19         (4) Align with research-based standards.
20         (5) Use data and indicators on student growth as a
21     significant factor in rating principal performance.
22 (Source: P.A. 95-496, eff. 8-28-07.)
 
23     (105 ILCS 5/34-85c)
24     Sec. 34-85c. Alternative procedures for teacher
25 evaluation, remediation, and removal for cause after

 

 

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1 remediation.
2     (a) Notwithstanding any law to the contrary, the board and
3 the exclusive representative of the district's teachers are
4 hereby authorized to enter into an agreement to establish
5 alternative procedures for teacher evaluation, remediation,
6 and removal for cause after remediation, including an
7 alternative system for peer evaluation and recommendations;
8 provided, however, that no later than September 1, 2012: (i)
9 any alternative procedures must include provisions whereby
10 student performance data is a significant factor in teacher
11 evaluation and (ii) teachers are rated as "excellent",
12 "proficient", "needs improvement" or "unsatisfactory".
13 Pursuant exclusively to that agreement, teachers assigned to
14 schools identified in that agreement shall be subject to an
15 alternative performance evaluation plan and remediation
16 procedures in lieu of the plan and procedures set forth in
17 Article 24A of this Code and alternative removal for cause
18 standards and procedures in lieu of the removal standards and
19 procedures set forth in Sections 34-85 and 34-85b of this Code.
20 To the extent that the agreement provides a teacher with an
21 opportunity for a hearing on removal for cause before an
22 independent hearing officer in accordance with Sections 34-85
23 and 34-85b or otherwise, the hearing officer shall be governed
24 by the alternative performance evaluation plan, remediation
25 procedures, and removal standards and procedures set forth in
26 the agreement in making findings of fact and a recommendation.

 

 

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1     (b) The board and the exclusive representative of the
2 district's teachers shall submit a certified copy of an
3 agreement as provided under subsection (a) of this Section to
4 the State Board of Education.
5 (Source: P.A. 95-510, eff. 8-28-07.)
 
6     (105 ILCS 5/24A-6 rep.)
7     Section 20. The School Code is amended by repealing Section
8 24A-6.
 
9     Section 99. Effective date. This Act takes effect upon
10 becoming law.