Full Text of HB4256 102nd General Assembly
HB4256eng 102ND GENERAL ASSEMBLY |
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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 5. The School Code is amended by changing Sections | 5 | | 24A-5, 24A-7, and 24A-15 as follows: | 6 | | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | 7 | | (Text of Section before amendment by P.A. 102-252 ) | 8 | | Sec. 24A-5. Content of evaluation plans. This Section | 9 | | does not apply to teachers assigned to schools identified in | 10 | | an agreement entered into between the board of a school | 11 | | district operating under Article 34 of this Code and the | 12 | | exclusive representative of the district's teachers in | 13 | | accordance with Section 34-85c of this Code.
| 14 | | Each school district to
which this Article applies shall | 15 | | establish a teacher evaluation plan
which ensures that each | 16 | | teacher in contractual continued service
is evaluated at least | 17 | | once in the course of every 2 school years. | 18 | | By no later than September 1, 2012, each school district | 19 | | shall establish a teacher evaluation plan that ensures that: | 20 | | (1) each teacher not in contractual continued service | 21 | | is evaluated at least once every school year; and | 22 | | (2) each teacher in contractual continued service is | 23 | | evaluated at least once in the course of every 2 school |
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| 1 | | years. However, any teacher in contractual continued | 2 | | service whose performance is rated as either "needs | 3 | | improvement" or "unsatisfactory" must be evaluated at | 4 | | least once in the school year following the receipt of | 5 | | such rating. | 6 | | For the 2021-2022 and 2022-2023 school years only, a | 7 | | school district may waive the evaluation requirement of any | 8 | | teacher in contractual continued service whose performance was | 9 | | rated as either "excellent" or "proficient" during the last | 10 | | school year in which the teacher was evaluated under this | 11 | | Section. | 12 | | Notwithstanding anything to the contrary in this Section | 13 | | or any other Section of the School Code, a principal shall not | 14 | | be prohibited from evaluating any teachers within a school | 15 | | during his or her first year as principal of such school. If a | 16 | | first-year principal exercises this option in a school | 17 | | district where the evaluation plan provides for a teacher in | 18 | | contractual continued service to be evaluated once in the | 19 | | course of every 2 school years, then a new 2-year evaluation | 20 | | plan must be established. | 21 | | The evaluation plan shall comply with the requirements of | 22 | | this Section and
of any rules adopted by the State Board of | 23 | | Education pursuant to this Section. | 24 | | The plan shall include a description of each teacher's | 25 | | duties
and responsibilities and of the standards to which that | 26 | | teacher
is expected to conform, and shall include at least the |
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| 1 | | following components: | 2 | | (a) personal observation of the teacher in the | 3 | | classroom by the evaluator, unless
the teacher has no | 4 | | classroom duties. | 5 | | (b) consideration of the teacher's attendance, | 6 | | planning,
instructional methods, classroom management, | 7 | | where relevant, and
competency in the subject matter | 8 | | taught. | 9 | | (c) by no later than the applicable implementation | 10 | | date, consideration of student growth as a significant | 11 | | factor in the rating of the teacher's performance. | 12 | | (d) prior to September 1, 2012, rating of the | 13 | | performance of teachers in contractual continued service | 14 | | as either: | 15 | | (i) "excellent",
"satisfactory" or | 16 | | "unsatisfactory"; or | 17 | | (ii) "excellent", "proficient", "needs | 18 | | improvement" or "unsatisfactory". | 19 | | (e) on and after September 1, 2012, rating of the | 20 | | performance of all teachers as "excellent", "proficient", | 21 | | "needs improvement" or "unsatisfactory". | 22 | | (f) specification as to the teacher's strengths and | 23 | | weaknesses, with
supporting reasons for the comments made. | 24 | | (g) inclusion of a copy of the evaluation in the | 25 | | teacher's personnel
file and provision of a copy to the | 26 | | teacher. |
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| 1 | | (h) within 30 school days after the completion of an | 2 | | evaluation rating a teacher in contractual continued | 3 | | service as "needs improvement", development by the | 4 | | evaluator, in consultation with the teacher, and taking | 5 | | into account the teacher's on-going professional | 6 | | responsibilities including his or her regular teaching | 7 | | assignments, of a professional development plan directed | 8 | | to the areas that need improvement and any supports that | 9 | | the district will provide to address the areas identified | 10 | | as needing improvement. | 11 | | (i) within 30 school days after completion of an | 12 | | evaluation rating a teacher
in contractual continued | 13 | | service as "unsatisfactory", development and commencement | 14 | | by the district of a remediation plan designed to correct | 15 | | deficiencies
cited, provided the deficiencies are deemed | 16 | | remediable.
In all school districts the
remediation plan | 17 | | for unsatisfactory, tenured teachers shall
provide for 90 | 18 | | school days of remediation within the
classroom, unless an | 19 | | applicable collective bargaining agreement provides for a | 20 | | shorter duration. In all school districts evaluations | 21 | | issued pursuant
to
this Section shall be
issued within 10 | 22 | | days after the conclusion of the respective remediation | 23 | | plan.
However, the school board or other governing | 24 | | authority of the district
shall not lose
jurisdiction to | 25 | | discharge a teacher in the event the evaluation is not | 26 | | issued
within 10 days after the conclusion of the |
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| 1 | | respective remediation plan. | 2 | | (j) participation in the remediation plan by the | 3 | | teacher in contractual continued service rated
| 4 | | "unsatisfactory", an evaluator and a consulting teacher | 5 | | selected by the evaluator of the teacher who was rated | 6 | | "unsatisfactory", which
consulting teacher is an | 7 | | educational employee as defined in the Educational
Labor | 8 | | Relations Act, has at least 5 years' teaching experience, | 9 | | and a
reasonable familiarity with the assignment of the | 10 | | teacher being evaluated,
and who received an "excellent" | 11 | | rating on his or her most
recent evaluation. Where no | 12 | | teachers who meet these criteria are available
within the | 13 | | district, the district shall request and the applicable | 14 | | regional office of education shall supply, to participate | 15 | | in the remediation process, an
individual who meets these | 16 | | criteria. | 17 | | In a district having a population of less than 500,000 | 18 | | with an
exclusive bargaining agent, the bargaining agent
| 19 | | may, if it so chooses, supply a roster of qualified | 20 | | teachers from whom the
consulting teacher is to be | 21 | | selected. That roster shall, however, contain
the names of | 22 | | at least 5 teachers, each of whom meets the criteria for
| 23 | | consulting teacher with regard to the teacher being | 24 | | evaluated, or the names
of all teachers so qualified if | 25 | | that number is less than 5. In the event of
a dispute as to | 26 | | qualification, the State Board shall determine |
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| 1 | | qualification. | 2 | | (k) a mid-point and final evaluation by an evaluator | 3 | | during and at the end of the remediation period, | 4 | | immediately following receipt of a remediation plan | 5 | | provided for under subsections (i) and (j) of this | 6 | | Section. Each evaluation shall assess the teacher's | 7 | | performance during the time period since the prior | 8 | | evaluation; provided that the last evaluation shall also | 9 | | include an overall evaluation of the teacher's performance | 10 | | during the remediation period. A written copy of the | 11 | | evaluations and ratings, in which any deficiencies in | 12 | | performance and recommendations for correction are | 13 | | identified, shall be provided to and discussed with the | 14 | | teacher within 10 school days after the date of the | 15 | | evaluation, unless an applicable collective bargaining | 16 | | agreement provides to the contrary. These subsequent | 17 | | evaluations
shall be conducted by an evaluator. The | 18 | | consulting
teacher shall provide advice to the teacher | 19 | | rated "unsatisfactory" on how
to improve teaching skills | 20 | | and to successfully complete the remediation
plan. The | 21 | | consulting teacher shall participate in developing the
| 22 | | remediation plan, but the final decision as to the | 23 | | evaluation shall be done
solely by the evaluator,
unless | 24 | | an applicable collective bargaining agreement provides to | 25 | | the contrary.
Evaluations at the
conclusion of the | 26 | | remediation process shall be separate and distinct from |
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| 1 | | the
required annual evaluations of teachers and shall not | 2 | | be subject to the
guidelines and procedures relating to | 3 | | those annual evaluations. The evaluator
may but is not | 4 | | required to use the forms provided for the annual | 5 | | evaluation of
teachers in the district's evaluation plan. | 6 | | (l)
reinstatement to the evaluation schedule set forth | 7 | | in the district's evaluation plan for any teacher in | 8 | | contractual continued service
who achieves a rating equal | 9 | | to or better than "satisfactory" or "proficient" in the | 10 | | school year following a rating of "needs improvement" or | 11 | | "unsatisfactory". | 12 | | (m) dismissal in accordance with subsection (d) of | 13 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | 14 | | any teacher who fails to complete any applicable | 15 | | remediation plan
with a rating equal to or better than a | 16 | | "satisfactory" or "proficient" rating. Districts and | 17 | | teachers subject to
dismissal hearings are precluded from | 18 | | compelling the testimony of
consulting teachers at such | 19 | | hearings under subsection (d) of Section 24-12 or Section | 20 | | 24-16.5 or 34-85 of this Code, either
as to the rating | 21 | | process or for opinions of performances by teachers under
| 22 | | remediation. | 23 | | (n) After the implementation date of an evaluation | 24 | | system for teachers in a district as specified in Section | 25 | | 24A-2.5 of this Code, if a teacher in contractual | 26 | | continued service successfully completes a remediation |
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| 1 | | plan following a rating of "unsatisfactory" in an annual | 2 | | or biennial overall performance evaluation received after | 3 | | the foregoing implementation date and receives a | 4 | | subsequent rating of "unsatisfactory" in any of the | 5 | | teacher's annual or biennial overall performance | 6 | | evaluation ratings received during the 36-month period | 7 | | following the teacher's completion of the remediation | 8 | | plan, then the school district may forego remediation and | 9 | | seek dismissal in accordance with subsection (d) of | 10 | | Section 24-12 or Section 34-85 of this Code. | 11 | | Nothing in this Section or Section 24A-4 shall be | 12 | | construed as preventing immediate
dismissal of a teacher for | 13 | | deficiencies which are
deemed irremediable or for actions | 14 | | which are injurious to or endanger the
health or person of | 15 | | students in the classroom or school, or preventing the | 16 | | dismissal or non-renewal of teachers not in contractual | 17 | | continued service for any reason not prohibited by applicable | 18 | | employment, labor, and civil rights laws. Failure to
strictly | 19 | | comply with the time requirements contained in Section 24A-5 | 20 | | shall
not invalidate the results of the remediation plan. | 21 | | Nothing contained in this amendatory Act of the 98th | 22 | | General Assembly repeals, supersedes, invalidates, or | 23 | | nullifies final decisions in lawsuits pending on the effective | 24 | | date of this amendatory Act of the 98th General Assembly in | 25 | | Illinois courts involving the interpretation of Public Act | 26 | | 97-8. |
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| 1 | | If the Governor has declared a disaster due to a public | 2 | | health emergency pursuant to Section 7 of the Illinois | 3 | | Emergency Management Agency Act that suspends in-person | 4 | | instruction, the timelines in this Section connected to the | 5 | | commencement and completion of any remediation plan are | 6 | | waived. Except if the parties mutually agree otherwise and the | 7 | | agreement is in writing, any remediation plan that had been in | 8 | | place for more than 45 days prior to the suspension of | 9 | | in-person instruction shall resume when in-person instruction | 10 | | resumes and any remediation plan that had been in place for | 11 | | fewer than 45 days prior to the suspension of in-person | 12 | | instruction shall be discontinued and a new remediation period | 13 | | shall begin when in-person instruction resumes. The | 14 | | requirements of this paragraph apply regardless of whether | 15 | | they are included in a school district's teacher evaluation | 16 | | plan. | 17 | | (Source: P.A. 101-643, eff. 6-18-20.) | 18 | | (Text of Section after amendment by P.A. 102-252 ) | 19 | | Sec. 24A-5. Content of evaluation plans. This Section | 20 | | does not apply to teachers assigned to schools identified in | 21 | | an agreement entered into between the board of a school | 22 | | district operating under Article 34 of this Code and the | 23 | | exclusive representative of the district's teachers in | 24 | | accordance with Section 34-85c of this Code.
| 25 | | Each school district to
which this Article applies shall |
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| 1 | | establish a teacher evaluation plan
which ensures that each | 2 | | teacher in contractual continued service
is evaluated at least | 3 | | once in the course of every 2 or 3 school years as provided in | 4 | | this Section. | 5 | | Each school district shall establish a teacher evaluation | 6 | | plan that ensures that: | 7 | | (1) each teacher not in contractual continued service | 8 | | is evaluated at least once every school year; and | 9 | | (2) except as otherwise provided in this Section, each | 10 | | teacher in contractual continued service is evaluated at | 11 | | least once in the course of every 2 school years. However, | 12 | | any teacher in contractual continued service whose | 13 | | performance is rated as either "needs improvement" or | 14 | | "unsatisfactory" must be evaluated at least once in the | 15 | | school year following the receipt of such rating. | 16 | | No later than September 1, 2022, each school district must | 17 | | establish a teacher evaluation plan that ensures that each | 18 | | teacher in contractual continued service whose performance is | 19 | | rated as either "excellent" or "proficient" is evaluated at | 20 | | least once in the course of the 3 school years after receipt of | 21 | | the rating and implement an informal teacher observation plan | 22 | | established by agency rule and by agreement of the joint | 23 | | committee established under subsection (b) of Section 24A-4 of | 24 | | this Code that ensures that each teacher in contractual | 25 | | continued service whose performance is rated as either | 26 | | "excellent" or "proficient" is informally observed at least |
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| 1 | | once in the course of the 2 school years after receipt of the | 2 | | rating. | 3 | | For the 2021-2022 and 2022-2023 school years only, a | 4 | | school district may waive the evaluation requirement of any | 5 | | teacher in contractual continued service whose performance was | 6 | | rated as either "excellent" or "proficient" during the last | 7 | | school year in which the teacher was evaluated under this | 8 | | Section. | 9 | | Notwithstanding anything to the contrary in this Section | 10 | | or any other Section of the School Code, a principal shall not | 11 | | be prohibited from evaluating any teachers within a school | 12 | | during his or her first year as principal of such school. If a | 13 | | first-year principal exercises this option in a school | 14 | | district where the evaluation plan provides for a teacher in | 15 | | contractual continued service to be evaluated once in the | 16 | | course of every 2 or 3 school years, as applicable, then a new | 17 | | 2-year or 3-year evaluation plan must be established. | 18 | | The evaluation plan shall comply with the requirements of | 19 | | this Section and
of any rules adopted by the State Board of | 20 | | Education pursuant to this Section. | 21 | | The plan shall include a description of each teacher's | 22 | | duties
and responsibilities and of the standards to which that | 23 | | teacher
is expected to conform, and shall include at least the | 24 | | following components: | 25 | | (a) personal observation of the teacher in the | 26 | | classroom by the evaluator, unless
the teacher has no |
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| 1 | | classroom duties. | 2 | | (b) consideration of the teacher's attendance, | 3 | | planning,
instructional methods, classroom management, | 4 | | where relevant, and
competency in the subject matter | 5 | | taught. | 6 | | (c) by no later than the applicable implementation | 7 | | date, consideration of student growth as a significant | 8 | | factor in the rating of the teacher's performance. | 9 | | (d) prior to September 1, 2012, rating of the | 10 | | performance of teachers in contractual continued service | 11 | | as either: | 12 | | (i) "excellent",
"satisfactory" or | 13 | | "unsatisfactory"; or | 14 | | (ii) "excellent", "proficient", "needs | 15 | | improvement" or "unsatisfactory". | 16 | | (e) on and after September 1, 2012, rating of the | 17 | | performance of all teachers as "excellent", "proficient", | 18 | | "needs improvement" or "unsatisfactory". | 19 | | (f) specification as to the teacher's strengths and | 20 | | weaknesses, with
supporting reasons for the comments made. | 21 | | (g) inclusion of a copy of the evaluation in the | 22 | | teacher's personnel
file and provision of a copy to the | 23 | | teacher. | 24 | | (h) within 30 school days after the completion of an | 25 | | evaluation rating a teacher in contractual continued | 26 | | service as "needs improvement", development by the |
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| 1 | | evaluator, in consultation with the teacher, and taking | 2 | | into account the teacher's on-going professional | 3 | | responsibilities including his or her regular teaching | 4 | | assignments, of a professional development plan directed | 5 | | to the areas that need improvement and any supports that | 6 | | the district will provide to address the areas identified | 7 | | as needing improvement. | 8 | | (i) within 30 school days after completion of an | 9 | | evaluation rating a teacher
in contractual continued | 10 | | service as "unsatisfactory", development and commencement | 11 | | by the district of a remediation plan designed to correct | 12 | | deficiencies
cited, provided the deficiencies are deemed | 13 | | remediable.
In all school districts the
remediation plan | 14 | | for unsatisfactory, tenured teachers shall
provide for 90 | 15 | | school days of remediation within the
classroom, unless an | 16 | | applicable collective bargaining agreement provides for a | 17 | | shorter duration. In all school districts evaluations | 18 | | issued pursuant
to
this Section shall be
issued within 10 | 19 | | days after the conclusion of the respective remediation | 20 | | plan.
However, the school board or other governing | 21 | | authority of the district
shall not lose
jurisdiction to | 22 | | discharge a teacher in the event the evaluation is not | 23 | | issued
within 10 days after the conclusion of the | 24 | | respective remediation plan. | 25 | | (j) participation in the remediation plan by the | 26 | | teacher in contractual continued service rated
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| 1 | | "unsatisfactory", an evaluator and a consulting teacher | 2 | | selected by the evaluator of the teacher who was rated | 3 | | "unsatisfactory", which
consulting teacher is an | 4 | | educational employee as defined in the Educational
Labor | 5 | | Relations Act, has at least 5 years' teaching experience, | 6 | | and a
reasonable familiarity with the assignment of the | 7 | | teacher being evaluated,
and who received an "excellent" | 8 | | rating on his or her most
recent evaluation. Where no | 9 | | teachers who meet these criteria are available
within the | 10 | | district, the district shall request and the applicable | 11 | | regional office of education shall supply, to participate | 12 | | in the remediation process, an
individual who meets these | 13 | | criteria. | 14 | | In a district having a population of less than 500,000 | 15 | | with an
exclusive bargaining agent, the bargaining agent
| 16 | | may, if it so chooses, supply a roster of qualified | 17 | | teachers from whom the
consulting teacher is to be | 18 | | selected. That roster shall, however, contain
the names of | 19 | | at least 5 teachers, each of whom meets the criteria for
| 20 | | consulting teacher with regard to the teacher being | 21 | | evaluated, or the names
of all teachers so qualified if | 22 | | that number is less than 5. In the event of
a dispute as to | 23 | | qualification, the State Board shall determine | 24 | | qualification. | 25 | | (k) a mid-point and final evaluation by an evaluator | 26 | | during and at the end of the remediation period, |
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| 1 | | immediately following receipt of a remediation plan | 2 | | provided for under subsections (i) and (j) of this | 3 | | Section. Each evaluation shall assess the teacher's | 4 | | performance during the time period since the prior | 5 | | evaluation; provided that the last evaluation shall also | 6 | | include an overall evaluation of the teacher's performance | 7 | | during the remediation period. A written copy of the | 8 | | evaluations and ratings, in which any deficiencies in | 9 | | performance and recommendations for correction are | 10 | | identified, shall be provided to and discussed with the | 11 | | teacher within 10 school days after the date of the | 12 | | evaluation, unless an applicable collective bargaining | 13 | | agreement provides to the contrary. These subsequent | 14 | | evaluations
shall be conducted by an evaluator. The | 15 | | consulting
teacher shall provide advice to the teacher | 16 | | rated "unsatisfactory" on how
to improve teaching skills | 17 | | and to successfully complete the remediation
plan. The | 18 | | consulting teacher shall participate in developing the
| 19 | | remediation plan, but the final decision as to the | 20 | | evaluation shall be done
solely by the evaluator,
unless | 21 | | an applicable collective bargaining agreement provides to | 22 | | the contrary.
Evaluations at the
conclusion of the | 23 | | remediation process shall be separate and distinct from | 24 | | the
required annual evaluations of teachers and shall not | 25 | | be subject to the
guidelines and procedures relating to | 26 | | those annual evaluations. The evaluator
may but is not |
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| 1 | | required to use the forms provided for the annual | 2 | | evaluation of
teachers in the district's evaluation plan. | 3 | | (l)
reinstatement to the evaluation schedule set forth | 4 | | in the district's evaluation plan for any teacher in | 5 | | contractual continued service
who achieves a rating equal | 6 | | to or better than "satisfactory" or "proficient" in the | 7 | | school year following a rating of "needs improvement" or | 8 | | "unsatisfactory". | 9 | | (m) dismissal in accordance with subsection (d) of | 10 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | 11 | | any teacher who fails to complete any applicable | 12 | | remediation plan
with a rating equal to or better than a | 13 | | "satisfactory" or "proficient" rating. Districts and | 14 | | teachers subject to
dismissal hearings are precluded from | 15 | | compelling the testimony of
consulting teachers at such | 16 | | hearings under subsection (d) of Section 24-12 or Section | 17 | | 24-16.5 or 34-85 of this Code, either
as to the rating | 18 | | process or for opinions of performances by teachers under
| 19 | | remediation. | 20 | | (n) After the implementation date of an evaluation | 21 | | system for teachers in a district as specified in Section | 22 | | 24A-2.5 of this Code, if a teacher in contractual | 23 | | continued service successfully completes a remediation | 24 | | plan following a rating of "unsatisfactory" in an overall | 25 | | performance evaluation received after the foregoing | 26 | | implementation date and receives a subsequent rating of |
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| 1 | | "unsatisfactory" in any of the teacher's overall | 2 | | performance evaluation ratings received during the | 3 | | 36-month period following the teacher's completion of the | 4 | | remediation plan, then the school district may forego | 5 | | remediation and seek dismissal in accordance with | 6 | | subsection (d) of Section 24-12 or Section 34-85 of this | 7 | | Code. | 8 | | Nothing in this Section or Section 24A-4 shall be | 9 | | construed as preventing immediate
dismissal of a teacher for | 10 | | deficiencies which are
deemed irremediable or for actions | 11 | | which are injurious to or endanger the
health or person of | 12 | | students in the classroom or school, or preventing the | 13 | | dismissal or non-renewal of teachers not in contractual | 14 | | continued service for any reason not prohibited by applicable | 15 | | employment, labor, and civil rights laws. Failure to
strictly | 16 | | comply with the time requirements contained in Section 24A-5 | 17 | | shall
not invalidate the results of the remediation plan. | 18 | | Nothing contained in this amendatory Act of the 98th | 19 | | General Assembly repeals, supersedes, invalidates, or | 20 | | nullifies final decisions in lawsuits pending on the effective | 21 | | date of this amendatory Act of the 98th General Assembly in | 22 | | Illinois courts involving the interpretation of Public Act | 23 | | 97-8. | 24 | | If the Governor has declared a disaster due to a public | 25 | | health emergency pursuant to Section 7 of the Illinois | 26 | | Emergency Management Agency Act that suspends in-person |
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| 1 | | instruction, the timelines in this Section connected to the | 2 | | commencement and completion of any remediation plan are | 3 | | waived. Except if the parties mutually agree otherwise and the | 4 | | agreement is in writing, any remediation plan that had been in | 5 | | place for more than 45 days prior to the suspension of | 6 | | in-person instruction shall resume when in-person instruction | 7 | | resumes and any remediation plan that had been in place for | 8 | | fewer than 45 days prior to the suspension of in-person | 9 | | instruction shall be discontinued and a new remediation period | 10 | | shall begin when in-person instruction resumes. The | 11 | | requirements of this paragraph apply regardless of whether | 12 | | they are included in a school district's teacher evaluation | 13 | | plan. | 14 | | (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22.) | 15 | | (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) | 16 | | (Text of Section before amendment by P.A. 102-252 ) | 17 | | Sec. 24A-7. Rules. The State Board of Education is | 18 | | authorized to adopt such rules as
are deemed necessary to | 19 | | implement and accomplish the purposes and
provisions of this | 20 | | Article, including, but not limited to, rules: | 21 | | (1) relating to the methods for measuring student | 22 | | growth (including, but not limited to, limitations on the | 23 | | age of usable data; the amount of data needed to reliably | 24 | | and validly measure growth for the purpose of teacher and | 25 | | principal evaluations; and whether and at what time annual |
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| 1 | | State assessments may be used as one of multiple measures | 2 | | of student growth); | 3 | | (2) defining the term "significant factor" for | 4 | | purposes of including consideration of student growth in | 5 | | performance ratings; | 6 | | (3) controlling for such factors as student | 7 | | characteristics (including, but not limited to, students | 8 | | receiving special education and English Learner services), | 9 | | student attendance, and student mobility so as to best | 10 | | measure the impact that a teacher, principal, school and | 11 | | school district has on students' academic achievement; | 12 | | (4) establishing minimum requirements for district | 13 | | teacher and principal evaluation instruments and | 14 | | procedures; and | 15 | | (5) establishing a model evaluation plan for use by | 16 | | school districts in which student growth shall comprise | 17 | | 50% of the performance rating. | 18 | | Notwithstanding any other rule or law to the contrary, for | 19 | | the 2021-2022 and 2022-2023 school years only, student growth | 20 | | measures described under paragraph (1) of this Section and in | 21 | | administrative rules adopted by the State Board of Education | 22 | | may not be used as a factor in any evaluation under this | 23 | | Article. | 24 | | Notwithstanding any other provision in this Section, such | 25 | | rules shall not preclude a school district having 500,000 or | 26 | | more inhabitants from using an annual State assessment as the |
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| 1 | | sole measure of student growth for purposes of teacher or | 2 | | principal evaluations. | 3 | | The State Superintendent of Education shall convene a | 4 | | Performance Evaluation Advisory Council, which shall be | 5 | | staffed by the State Board of Education. Members of the | 6 | | Council shall be selected by the State Superintendent and | 7 | | include, without limitation, representatives of teacher unions | 8 | | and school district management, persons with expertise in | 9 | | performance evaluation processes and systems, as well as other | 10 | | stakeholders. The Council shall meet at least quarterly and | 11 | | may also meet at the call of the chairperson of the Council, | 12 | | following August 18, 2017 (the effective date of Public Act | 13 | | 100-211) until June 30, 2021. The Council shall advise the | 14 | | State Board of Education on the ongoing implementation of | 15 | | performance evaluations in this State, which may include | 16 | | gathering public feedback, sharing best practices, consulting | 17 | | with the State Board on any proposed rule changes regarding | 18 | | evaluations, and other subjects as determined by the | 19 | | chairperson of the Council. | 20 | | Prior to the applicable implementation date, these rules | 21 | | shall not apply to teachers assigned to schools identified in | 22 | | an agreement entered into between the board of a school | 23 | | district operating under Article 34 of this Code and the | 24 | | exclusive representative of the district's teachers in | 25 | | accordance with Section 34-85c of this Code. | 26 | | (Source: P.A. 102-558, eff. 8-20-21.) |
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| 1 | | (Text of Section after amendment by P.A. 102-252 ) | 2 | | Sec. 24A-7. Rules. The State Board of Education is | 3 | | authorized to adopt such rules as
are deemed necessary to | 4 | | implement and accomplish the purposes and
provisions of this | 5 | | Article, including, but not limited to, rules: | 6 | | (1) relating to the methods for measuring student | 7 | | growth (including, but not limited to, limitations on the | 8 | | age of usable data; the amount of data needed to reliably | 9 | | and validly measure growth for the purpose of teacher and | 10 | | principal evaluations; and whether and at what time annual | 11 | | State assessments may be used as one of multiple measures | 12 | | of student growth); | 13 | | (2) defining the term "significant factor" for | 14 | | purposes of including consideration of student growth in | 15 | | performance ratings; | 16 | | (3) controlling for such factors as student | 17 | | characteristics (including, but not limited to, students | 18 | | receiving special education and English Learner services), | 19 | | student attendance, and student mobility so as to best | 20 | | measure the impact that a teacher, principal, school and | 21 | | school district has on students' academic achievement; | 22 | | (4) establishing minimum requirements for district | 23 | | teacher and principal evaluation instruments and | 24 | | procedures; and | 25 | | (5) establishing a model evaluation plan for use by |
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| 1 | | school districts in which student growth shall comprise | 2 | | 50% of the performance rating. | 3 | | Notwithstanding any other rule or law to the contrary, for | 4 | | the 2021-2022 and 2022-2023 school years only, student growth | 5 | | measures described under paragraph (1) of this Section and in | 6 | | administrative rules adopted by the State Board of Education | 7 | | may not be used as a factor in any evaluation under this | 8 | | Article. | 9 | | Notwithstanding any other provision in this Section, such | 10 | | rules shall not preclude a school district having 500,000 or | 11 | | more inhabitants from using an annual State assessment as the | 12 | | sole measure of student growth for purposes of teacher or | 13 | | principal evaluations. | 14 | | The State Superintendent of Education shall convene a | 15 | | Performance Evaluation Advisory Council, which shall be | 16 | | staffed by the State Board of Education. Members of the | 17 | | Council shall be selected by the State Superintendent and | 18 | | include, without limitation, representatives of teacher unions | 19 | | and school district management, persons with expertise in | 20 | | performance evaluation processes and systems, as well as other | 21 | | stakeholders. The Council shall meet at least quarterly and | 22 | | may also meet at the call of the chairperson of the Council, | 23 | | following August 18, 2017 (the effective date of Public Act | 24 | | 100-211) until June 30, 2024. The Council shall advise the | 25 | | State Board of Education on the ongoing implementation of | 26 | | performance evaluations in this State, which may include |
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| 1 | | gathering public feedback, sharing best practices, consulting | 2 | | with the State Board on any proposed rule changes regarding | 3 | | evaluations, and other subjects as determined by the | 4 | | chairperson of the Council. | 5 | | Prior to the applicable implementation date, these rules | 6 | | shall not apply to teachers assigned to schools identified in | 7 | | an agreement entered into between the board of a school | 8 | | district operating under Article 34 of this Code and the | 9 | | exclusive representative of the district's teachers in | 10 | | accordance with Section 34-85c of this Code. | 11 | | (Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.) | 12 | | (105 ILCS 5/24A-15) | 13 | | Sec. 24A-15. Development of evaluation plan for principals | 14 | | and assistant principals. | 15 | | (a) Each school district, except for a school district | 16 | | organized under Article 34 of this Code, shall establish a | 17 | | principal and assistant principal evaluation plan in | 18 | | accordance with this Section. The plan must ensure that each | 19 | | principal and assistant principal is evaluated as follows: | 20 | | (1) For a principal or assistant principal on a | 21 | | single-year contract, the evaluation must take place by | 22 | | March 1 of each year. | 23 | | (2) For a principal or assistant principal on a | 24 | | multi-year contract under Section 10-23.8a of this Code, | 25 | | the evaluation must take place by March 1 of the final year |
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| 1 | | of the contract. | 2 | | On and after September 1, 2012, the plan must: | 3 | | (i) rate the principal's or assistant principal's | 4 | | performance as "excellent", "proficient", "needs | 5 | | improvement" or "unsatisfactory"; and | 6 | | (ii) ensure that each principal and assistant | 7 | | principal is evaluated at least once every school year. | 8 | | Nothing in this Section prohibits a school district from | 9 | | conducting additional evaluations of principals and assistant | 10 | | principals.
| 11 | | For the 2021-2022 and 2022-2023 school years only, a | 12 | | school district may waive the evaluation requirement of any | 13 | | principal or assistant principal whose performance was rated | 14 | | as either "excellent" or "proficient" during the last school | 15 | | year in which the principal or assistant principal was | 16 | | evaluated under this Section. | 17 | | (b) The evaluation shall include a description of the | 18 | | principal's or assistant principal's duties and | 19 | | responsibilities and the standards to which the principal or | 20 | | assistant principal is expected to conform. | 21 | | (c) The evaluation for a principal must be performed by | 22 | | the district superintendent, the superintendent's designee, | 23 | | or, in the absence of the superintendent or his or her | 24 | | designee, an individual appointed by the school board who | 25 | | holds a registered Type 75 State administrative certificate. | 26 | | Prior to September 1, 2012, the evaluation must be in |
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| 1 | | writing and must at least do all of the following: | 2 | | (1) Consider the principal's specific duties, | 3 | | responsibilities, management, and competence as a | 4 | | principal. | 5 | | (2) Specify the principal's strengths and weaknesses, | 6 | | with supporting reasons. | 7 | | (3) Align with research-based standards established by | 8 | | administrative rule.
| 9 | | On and after September 1, 2012, the evaluation must, in | 10 | | addition to the requirements in items (1), (2), and (3) of this | 11 | | subsection (c), provide for the use of data and indicators on | 12 | | student growth as a significant factor in rating performance. | 13 | | (c-5) The evaluation of an assistant principal must be | 14 | | performed by the principal, the district superintendent, the | 15 | | superintendent's designee, or, in the absence of the | 16 | | superintendent or his or her designee, an individual appointed | 17 | | by the school board who holds a registered Type 75 State | 18 | | administrative certificate. The evaluation must be in writing | 19 | | and must at least do all of the following: | 20 | | (1) Consider the assistant principal's specific | 21 | | duties, responsibilities, management, and competence as an | 22 | | assistant principal. | 23 | | (2) Specify the assistant principal's strengths and | 24 | | weaknesses with supporting reasons. | 25 | | (3) Align with the Illinois Professional Standards for | 26 | | School Leaders or research-based district standards. |
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| 1 | | On and after September 1, 2012, the evaluation must, in | 2 | | addition to the requirements in items (1), (2), and (3) of this | 3 | | subsection (c-5), provide for the use of data and indicators | 4 | | on student growth as a significant factor in rating | 5 | | performance. | 6 | | (d) One copy of the evaluation must be included in the | 7 | | principal's or assistant principal's personnel file and one | 8 | | copy of the evaluation must be provided to the principal or | 9 | | assistant principal. | 10 | | (e) Failure by a district to evaluate a principal or | 11 | | assistant principal and to provide the principal or assistant | 12 | | principal with a copy of the evaluation at least once during | 13 | | the term of the principal's or assistant principal's contract, | 14 | | in accordance with this Section, is evidence that the | 15 | | principal or assistant principal is performing duties and | 16 | | responsibilities in at least a satisfactory manner and shall | 17 | | serve to automatically extend the principal's or assistant | 18 | | principal's contract for a period of one year after the | 19 | | contract would otherwise expire, under the same terms and | 20 | | conditions as the prior year's contract. The requirements in | 21 | | this Section are in addition to the right of a school board to | 22 | | reclassify a principal or assistant principal pursuant to | 23 | | Section 10-23.8b of this Code. | 24 | | (f) Nothing in this Section prohibits a school board from | 25 | | ordering lateral transfers of principals or assistant | 26 | | principals to positions of similar rank and salary.
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| 1 | | (Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.) | 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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