Illinois General Assembly - Full Text of HB5318
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Full Text of HB5318  103rd General Assembly



HB5318 EngrossedLRB103 38422 RJT 68558 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 Section
534-85c as follows:
6    (105 ILCS 5/34-85c)
7    Sec. 34-85c. Alternative procedures for teacher
8evaluation, remediation, and removal for cause after
10    (a) Notwithstanding any law to the contrary, the board and
11the exclusive representative of the district's teachers are
12hereby authorized to enter into an agreement to establish
13alternative procedures for teacher evaluation, remediation,
14and removal for cause after remediation, including an
15alternative system for peer evaluation and recommendations;
16provided, however, that no later than September 1, 2012: (i)
17any alternative procedures must include provisions whereby
18student performance data is a significant factor in teacher
19evaluation and (ii) teachers are rated as "excellent",
20"proficient", "needs improvement" or "unsatisfactory".
21Pursuant exclusively to that agreement, teachers assigned to
22schools identified in that agreement shall be subject to an
23alternative performance evaluation plan and remediation



HB5318 Engrossed- 2 -LRB103 38422 RJT 68558 b

1procedures in lieu of the plan and procedures set forth in
2Article 24A of this Code and alternative removal for cause
3standards and procedures in lieu of the removal standards and
4procedures set forth in Section 34-85 of this Code. To the
5extent that the agreement provides a teacher with an
6opportunity for a hearing on removal for cause before an
7independent hearing officer in accordance with Section 34-85
8or otherwise, the hearing officer shall be governed by the
9alternative performance evaluation plan, remediation
10procedures, and removal standards and procedures set forth in
11the agreement in making findings of fact and a recommendation.
12    (a-5) If the Governor has declared a disaster due to a
13public health emergency pursuant to Section 7 of the Illinois
14Emergency Management Agency Act that suspends in-person
15instruction, the timelines connected to the commencement and
16completion of any remediation plan are paused. Except where
17the parties mutually agree otherwise and such agreement is in
18writing, any remediation plan that had been in place for 45 or
19more days prior to the suspension of in-person instruction
20shall resume when in-person instruction resumes; any
21remediation plan that had been in place for fewer than 45 days
22prior to the suspension of in-person instruction shall
23discontinue and a new remediation period will begin when
24in-person instruction resumes.
25    (a-10) No later than September 1, 2022, the school
26district must establish a teacher evaluation plan that ensures



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1that each teacher in contractual continued service whose
2performance is rated as either "excellent" or "proficient" is
3evaluated at least once in the course of the 3 school years
4after receipt of the rating and establish an informal teacher
5observation plan that ensures that each teacher in contractual
6continued service whose performance is rated as either
7"excellent" or "proficient" is informally observed at least
8once in the course of the 2 school years after receipt of the
10    (a-15) For the 2022-2023 school year only, if the Governor
11has declared a disaster due to a public health emergency
12pursuant to Section 7 of the Illinois Emergency Management
13Agency Act, the school district may waive the evaluation
14requirement of any teacher in contractual continued service
15whose performance was rated as either "excellent" or
16"proficient" during the last school year in which the teacher
17was evaluated under this Section.
18    (a-20) If after the evaluation procedures established in
19subsection (a) of this Section are determined by the State
20Board of Education, in the State Board of Education's report
21under subsection (e) of Section 24A-20 of this Code, to have
22clear racial, ethnic, socio-economic, or geographic
23disparities for the educators evaluated under those evaluation
24procedures, then the board and the exclusive representative of
25the district's teachers shall enter into negotiations to
26create a new evaluation system, to be implemented no later



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1than August 15, 2025, that maintains the requirements
2established in subsection (a) of this Section and remedies the
3determined racial, ethnic, socio-economic, or geographic
5    (b) The board and the exclusive representative of the
6district's teachers shall submit a certified copy of an
7agreement as provided under subsection (a) of this Section to
8the State Board of Education.
9(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22;
10102-729, eff. 5-6-22.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.