Public Act 102-0729
 
HB4256 EnrolledLRB102 21733 CMG 30852 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The School Code is amended  by changing Sections 
24A-5, 24A-15, and 34-85c as follows:
 
    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
    Sec. 24A-5. Content of evaluation plans.  This Section 
does not apply to teachers assigned to schools identified in 
an agreement entered into between the board of a school 
district operating under Article 34 of this Code and the 
exclusive representative of the district's teachers in 
accordance with Section 34-85c of this Code.

    Each school district to
which this Article applies shall 
establish a teacher evaluation plan
which ensures that each 
teacher in contractual continued service
is evaluated at least 
once in the course of every 2 or 3 school years as provided in 
this Section.
    Each school district shall establish a teacher evaluation 
plan that ensures that:
        (1) each teacher not in contractual continued service 
    is evaluated at least once every school year; and
        (2) except as otherwise provided in this Section, each 
    teacher in contractual continued service is evaluated at 
    least once in the course of every 2 school years.  However, 
    any teacher in contractual continued service whose 
    performance is rated as either "needs improvement" or 
    "unsatisfactory" must be evaluated at least once in the 
    school year following the receipt of such rating.
    No later than September 1, 2022, each school district must 
establish a teacher evaluation plan that ensures that each 
teacher in contractual continued service whose performance is 
rated as either "excellent" or "proficient" is evaluated at 
least once in the course of the 3 school years after receipt of 
the rating and implement an informal teacher observation plan 
established by agency rule and by agreement of the joint 
committee established under subsection (b) of Section 24A-4 of 
this Code that ensures that each teacher in contractual 
continued service whose performance is rated as either 
"excellent" or "proficient" is informally observed at least 
once in the course of the 2 school years after receipt of the 
rating. 
    For the 2022-2023 school year only, if the Governor has 
declared a disaster due to a public health emergency pursuant 
to Section 7 of the Illinois Emergency Management Agency Act, 
a school district may waive the evaluation requirement of  all 
teachers in contractual continued service whose performances 
were rated as either "excellent" or "proficient" during the 
last school year in which the teachers were evaluated under 
this Section.
    Notwithstanding anything to the contrary in this Section 
or any other Section of this the School Code, a principal shall 
not be prohibited from evaluating any teachers within a school 
during his or her first year as principal of such school. If a 
first-year principal exercises this option in a school 
district where the evaluation plan provides for a teacher in 
contractual continued service to be evaluated once in the 
course of every 2 or 3 school years, as applicable, then a new 
2-year or 3-year evaluation plan must be established. 
    The evaluation plan shall comply with the requirements of 
this Section and
of any rules adopted by the State Board of 
Education pursuant to this Section.
    The plan shall include a description of each teacher's 
duties
and responsibilities and of the standards to which that 
teacher
is expected to conform, and shall include at least the 
following components:
        (a) personal observation of the teacher in the 
    classroom by the evaluator, unless
the teacher has no 
    classroom duties.
        (b) consideration of the teacher's attendance, 
    planning,
instructional methods, classroom management, 
    where relevant, and
competency in the subject matter 
    taught.
        (c)  by no later than the applicable implementation 
    date, consideration of student growth as a significant 
    factor in the rating of the teacher's performance.
        (d) prior to September 1, 2012, rating of the 
    performance of teachers in contractual continued service 
    as either: 
            (i) "excellent",
"satisfactory" or 
        "unsatisfactory"; or
            (ii) "excellent", "proficient", "needs 
        improvement" or "unsatisfactory".
        (e) on and after September 1, 2012, rating of the 
    performance of all teachers as "excellent", "proficient", 
    "needs improvement" or "unsatisfactory".
        (f) specification as to the teacher's strengths and 
    weaknesses, with
supporting reasons for the comments made.
        (g) inclusion of a copy of the evaluation in the 
    teacher's personnel
file and provision of a copy to the 
    teacher.
        (h) within 30 school days after the completion of an 
    evaluation rating a teacher in contractual continued 
    service as "needs improvement", development by the 
    evaluator, in consultation with the teacher, and taking 
    into account the teacher's on-going professional 
    responsibilities including his or her regular teaching 
    assignments, of a professional development plan directed 
    to the areas that need improvement and any supports that 
    the district will provide to address the areas identified 
    as needing improvement.
        (i) within 30 school days after completion of an 
    evaluation rating a teacher
in contractual continued 
    service as "unsatisfactory", development and commencement 
    by the district of a remediation plan designed to correct 
    deficiencies
cited, provided the deficiencies are deemed 
    remediable.
In all school districts the
remediation plan 
    for unsatisfactory, tenured teachers shall
provide for 90 
    school days of remediation within the
classroom, unless an 
    applicable collective bargaining agreement provides for a 
    shorter duration.   In all school districts evaluations 
    issued pursuant
to
this Section shall be
issued within 10 
    days after the conclusion of the respective remediation 
    plan.
However, the school board or other governing 
    authority of the district
shall not lose
jurisdiction to 
    discharge a teacher in the event the evaluation is not 
    issued
within 10 days after the conclusion of the 
    respective remediation plan.
        (j) participation in the remediation plan by the 
    teacher in contractual continued service rated

    "unsatisfactory", an evaluator and a consulting teacher 
    selected by the evaluator of the teacher who was rated 
    "unsatisfactory", which
consulting teacher is an 
    educational employee as defined in the Educational
Labor 
    Relations Act, has at least 5 years' teaching experience, 
    and a
reasonable familiarity with the assignment of the 
    teacher being evaluated,
and who received an "excellent" 
    rating on his or her most
recent evaluation.  Where no 
    teachers who meet these criteria are available
within the 
    district, the district shall request and the applicable 
    regional office of education shall supply, to participate 
    in the remediation process, an
individual who meets these 
    criteria.
        In a district having a population of less than 500,000 
    with an
exclusive bargaining agent, the bargaining agent

    may, if it so chooses, supply a roster of qualified 
    teachers from whom the
consulting teacher is to be 
    selected.  That roster shall, however, contain
the names of 
    at least 5 teachers, each of whom meets the criteria for

    consulting teacher with regard to the teacher being 
    evaluated, or the names
of all teachers so qualified if 
    that number is less than 5.  In the event of
a dispute as to 
    qualification, the State Board shall determine 
    qualification.
        (k) a mid-point and final evaluation by an evaluator 
    during and at the end of the remediation period, 
    immediately following receipt of a remediation plan 
    provided for under subsections (i) and (j) of this 
    Section.  Each evaluation shall assess the teacher's 
    performance during the time period since the prior 
    evaluation; provided that the last evaluation shall also 
    include an overall evaluation of the teacher's performance 
    during the remediation period.  A written copy of the 
    evaluations and ratings, in which any deficiencies in 
    performance and recommendations for correction are 
    identified, shall be provided to and discussed with the 
    teacher within 10 school days after the date of the 
    evaluation, unless an applicable collective bargaining 
    agreement provides to the contrary. These subsequent 
    evaluations
shall be conducted by an evaluator.  The 
    consulting
teacher shall provide advice to the teacher 
    rated "unsatisfactory" on how
to improve teaching skills 
    and to successfully complete the remediation
plan.  The 
    consulting teacher shall participate in developing the

    remediation plan, but the final decision as to the 
    evaluation shall be done
solely by the evaluator,
unless 
    an applicable collective bargaining agreement provides to 
    the contrary.
  Evaluations at the
conclusion of the 
    remediation process shall be separate and distinct from 
    the
required annual evaluations of teachers and shall not 
    be subject to the
guidelines and procedures relating to 
    those annual evaluations.  The evaluator
may but is not 
    required to use the forms provided for the annual 
    evaluation of
teachers in the district's evaluation plan.
        (l)
reinstatement to the evaluation schedule set forth 
    in the district's evaluation plan for any teacher in 
    contractual continued service
who achieves a rating equal 
    to or better than "satisfactory" or "proficient"  in the 
    school year following a rating of "needs improvement" or 
    "unsatisfactory".
        (m) dismissal in accordance with subsection (d) of 
    Section 24-12 or Section 24-16.5 or 34-85 of this
Code  of 
    any teacher who fails to complete any applicable 
    remediation plan
with a rating equal to or better than a 
    "satisfactory" or "proficient" rating.  Districts and 
    teachers subject to
dismissal hearings are precluded from 
    compelling the testimony of
consulting teachers at such 
    hearings under subsection (d) of Section 24-12 or Section 
    24-16.5 or 34-85 of this Code, either
as to the rating 
    process or for opinions of performances by teachers under

    remediation.
        (n) After the implementation date of an evaluation 
    system for teachers in a district as specified in Section 
    24A-2.5 of this Code, if a teacher in contractual 
    continued service successfully completes a remediation 
    plan following a rating of "unsatisfactory" in an overall 
    performance evaluation received after the foregoing 
    implementation date and receives a subsequent rating of 
    "unsatisfactory" in any of the teacher's overall 
    performance evaluation ratings received during the 
    36-month period following the teacher's completion of the 
    remediation plan, then the school district may forego 
    remediation and seek dismissal in accordance with 
    subsection (d) of  Section 24-12  or Section 34-85 of this 
    Code. 
    Nothing in this Section or Section 24A-4 shall be 
construed as preventing immediate
dismissal of a teacher for 
deficiencies which are
deemed irremediable or for actions 
which are injurious to or endanger the
health or person of 
students in the classroom or school, or preventing the 
dismissal or non-renewal of teachers not in contractual 
continued service for any reason not prohibited by applicable 
employment, labor, and civil rights laws. Failure to
strictly 
comply with the time requirements contained in Section 24A-5 
shall
not invalidate the results of the remediation plan.
    Nothing contained in this amendatory Act of the 98th 
General Assembly repeals, supersedes, invalidates, or 
nullifies final decisions in lawsuits pending on the effective 
date of this amendatory Act of the 98th General Assembly in 
Illinois courts involving the interpretation of Public Act 
97-8. 
    If the Governor has declared a disaster due to a public 
health emergency pursuant to Section 7 of the Illinois 
Emergency Management Agency Act that suspends in-person 
instruction, the timelines in this Section connected to the 
commencement and completion of any remediation plan are 
waived.  Except if the parties mutually agree otherwise and the 
agreement is in writing, any remediation plan that had been in 
place for more than 45 days prior to the suspension of 
in-person instruction shall resume when in-person instruction 
resumes and any remediation plan that had been in place for 
fewer than 45 days prior to the suspension of in-person 
instruction shall be discontinued and a new remediation period 
shall begin when in-person instruction resumes.  The 
requirements of this paragraph apply regardless of whether 
they are included in a school district's teacher evaluation 
plan. 
(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22.)
 
    (105 ILCS 5/24A-15)
    Sec. 24A-15. Development of evaluation plan for principals 
and assistant principals.
    (a) Each school district, except for a school district 
organized under Article 34 of this Code, shall establish a 
principal and assistant principal evaluation plan in 
accordance with this Section. The plan must ensure that each 
principal and assistant principal is evaluated as follows:
        (1) For a principal or assistant principal on a 
    single-year contract, the evaluation must take place by 
    March 1 of each year.
        (2) For a principal or assistant principal on a 
    multi-year contract under Section 10-23.8a of this Code, 
    the evaluation must take place by March 1 of the final year 
    of the contract.
    On and after September 1, 2012, the plan must:
        (i) rate the principal's or assistant principal's 
    performance as "excellent", "proficient", "needs 
    improvement" or "unsatisfactory"; and
        (ii) ensure that each principal and assistant 
    principal is evaluated at least once every school year. 
    Nothing in this Section prohibits a school district from 
conducting additional evaluations of principals and assistant 
principals.

    For the 2022-2023 school year only, if the Governor has 
declared a disaster due to a public health emergency pursuant 
to Section 7 of the Illinois Emergency Management Agency Act, 
a school district may waive the evaluation requirement of  all 
principals or assistant principals whose performances were 
rated as either "excellent" or "proficient" during the last 
school year in which the principals or assistant principals 
were evaluated under this Section. 
    (b) The evaluation shall include a description of the 
principal's or assistant principal's duties and 
responsibilities and the standards to which the principal or 
assistant principal is expected to conform.
    (c) The evaluation for a principal must be performed by 
the district superintendent, the superintendent's designee, 
or, in the absence of the superintendent or his or her 
designee, an individual appointed by the school board who 
holds a registered Type 75 State administrative certificate.
    Prior to September 1, 2012, the evaluation must be in 
writing and must at least do all of the following:
        (1) Consider the principal's specific duties, 
    responsibilities, management, and competence as a 
    principal.
        (2) Specify the principal's strengths and weaknesses, 
    with supporting reasons.
        (3) Align with research-based standards established by 
    administrative rule.

    On and after September 1, 2012, the evaluation must, in 
addition to the requirements in items (1), (2), and (3) of this 
subsection (c), provide for the use of data and indicators on 
student growth as a significant factor in rating performance. 
    (c-5) The evaluation of an assistant principal must be 
performed by the principal, the district superintendent, the 
superintendent's designee, or, in the absence of the 
superintendent or his or her designee, an individual appointed 
by the school board who holds a registered Type 75 State 
administrative certificate. The evaluation must be in writing 
and must at least do all of the following:
        (1) Consider the assistant principal's specific 
    duties, responsibilities, management, and competence as an 
    assistant principal.
        (2) Specify the assistant principal's strengths and 
    weaknesses with supporting reasons.
        (3) Align with the Illinois Professional Standards for 
    School Leaders or research-based district standards.
    On and after September 1, 2012, the evaluation must, in 
addition to the requirements in items (1), (2), and (3) of this 
subsection (c-5), provide for the use of data and indicators 
on student growth as a significant factor in rating 
performance. 
    (d) One copy of the evaluation must be included in the 
principal's or assistant principal's personnel file and one 
copy of the evaluation must be provided to the principal or 
assistant principal.
    (e) Failure by a district to evaluate a principal or 
assistant principal and to provide the principal or assistant 
principal with a copy of the evaluation at least once during 
the term of the principal's or assistant principal's contract, 
in accordance with this Section, is evidence that the 
principal or assistant principal is performing duties and 
responsibilities in at least a satisfactory manner and shall 
serve to automatically extend the principal's or assistant 
principal's contract for a period of one year after the 
contract would otherwise expire, under the same terms and 
conditions as the prior year's contract. The requirements in 
this Section are in addition to the right of a school board to 
reclassify a principal or assistant principal pursuant to 
Section 10-23.8b of this Code.
    (f) Nothing in this Section prohibits a school board from 
ordering lateral transfers of principals or assistant 
principals to positions of similar rank and salary.

(Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.)
 
    (105 ILCS 5/34-85c)
    Sec. 34-85c. Alternative procedures for teacher 
evaluation, remediation, and removal for cause after 
remediation.
    (a)  Notwithstanding any law to the contrary, the board and 
the exclusive representative of the district's teachers are 
hereby authorized to enter into an agreement to establish 
alternative procedures for teacher evaluation, remediation, 
and removal for cause after remediation, including an 
alternative system for peer evaluation and recommendations; 
provided, however, that no later than September 1, 2012:  (i)  
any alternative procedures must include provisions whereby 
student performance data is a significant factor in teacher 
evaluation and (ii) teachers are rated as "excellent", 
"proficient", "needs improvement" or "unsatisfactory".  
Pursuant exclusively to that agreement, teachers assigned to 
schools identified in that agreement shall be subject to an 
alternative performance evaluation plan and remediation 
procedures in lieu of the plan and procedures set forth in 
Article 24A of this Code and alternative removal for cause 
standards and procedures in lieu of the removal standards and 
procedures set forth in Section 34-85 of this Code.  To the 
extent that the agreement provides a teacher with an 
opportunity for a hearing on removal for cause before an 
independent hearing officer in accordance with Section 34-85 
or otherwise, the hearing officer shall be governed by the 
alternative performance evaluation plan, remediation 
procedures, and removal standards and procedures set forth in 
the agreement in making findings of fact and a recommendation.
    (a-5) If the Governor has declared a disaster due to a 
public health emergency pursuant to Section 7 of the Illinois 
Emergency Management Agency Act that suspends in-person 
instruction, the timelines connected to the commencement and 
completion of any remediation plan are paused.  Except where 
the parties mutually agree otherwise and such agreement is in 
writing, any remediation plan that had been in place for 45 or 
more days prior to the suspension of in-person instruction 
shall resume when in-person instruction resumes; any 
remediation plan that had been in place for fewer than 45 days 
prior to the suspension of in-person instruction shall 
discontinue and a new remediation period will begin when 
in-person instruction resumes. 
    (a-10) No later than September 1, 2022, the school 
district must establish a teacher evaluation plan that ensures 
that each teacher in contractual continued service whose 
performance is rated as either "excellent" or "proficient" is 
evaluated at least once in the course of the 3 school years 
after receipt of the rating and establish an informal teacher 
observation plan that ensures that each teacher in contractual 
continued service whose performance is rated as either 
"excellent" or "proficient" is informally observed at least 
once in the course of the 2 school years after receipt of the 
rating. 
    (a-15)  For the 2022-2023 school year only, if the Governor 
has declared a disaster due to a public health emergency 
pursuant to Section 7 of the Illinois Emergency Management 
Agency Act, the school district may waive the evaluation 
requirement of any teacher in contractual continued service 
whose performance was rated as either "excellent" or 
"proficient" during the last school year in which the teacher 
was evaluated under this Section.
    (b)  The board and the exclusive representative of the 
district's teachers shall submit a certified copy of an 
agreement as provided under subsection (a) of this Section to 
the State Board of Education.
(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.