HB4256 EngrossedLRB102 21733 CMG 30852 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
524A-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
9does not apply to teachers assigned to schools identified in
10an agreement entered into between the board of a school
11district operating under Article 34 of this Code and the
12exclusive representative of the district's teachers in
13accordance with Section 34-85c of this Code.
14    Each school district to which this Article applies shall
15establish a teacher evaluation plan which ensures that each
16teacher in contractual continued service is evaluated at least
17once in the course of every 2 school years.
18    By no later than September 1, 2012, each school district
19shall 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
7school district may waive the evaluation requirement of any
8teacher in contractual continued service whose performance was
9rated as either "excellent" or "proficient" during the last
10school year in which the teacher was evaluated under this
11Section.
12    Notwithstanding anything to the contrary in this Section
13or any other Section of the School Code, a principal shall not
14be prohibited from evaluating any teachers within a school
15during his or her first year as principal of such school. If a
16first-year principal exercises this option in a school
17district where the evaluation plan provides for a teacher in
18contractual continued service to be evaluated once in the
19course of every 2 school years, then a new 2-year evaluation
20plan must be established.
21    The evaluation plan shall comply with the requirements of
22this Section and of any rules adopted by the State Board of
23Education pursuant to this Section.
24    The plan shall include a description of each teacher's
25duties and responsibilities and of the standards to which that
26teacher is expected to conform, and shall include at least the

 

 

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1following 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
12construed as preventing immediate dismissal of a teacher for
13deficiencies which are deemed irremediable or for actions
14which are injurious to or endanger the health or person of
15students in the classroom or school, or preventing the
16dismissal or non-renewal of teachers not in contractual
17continued service for any reason not prohibited by applicable
18employment, labor, and civil rights laws. Failure to strictly
19comply with the time requirements contained in Section 24A-5
20shall not invalidate the results of the remediation plan.
21    Nothing contained in this amendatory Act of the 98th
22General Assembly repeals, supersedes, invalidates, or
23nullifies final decisions in lawsuits pending on the effective
24date of this amendatory Act of the 98th General Assembly in
25Illinois courts involving the interpretation of Public Act
2697-8.

 

 

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1    If the Governor has declared a disaster due to a public
2health emergency pursuant to Section 7 of the Illinois
3Emergency Management Agency Act that suspends in-person
4instruction, the timelines in this Section connected to the
5commencement and completion of any remediation plan are
6waived. Except if the parties mutually agree otherwise and the
7agreement is in writing, any remediation plan that had been in
8place for more than 45 days prior to the suspension of
9in-person instruction shall resume when in-person instruction
10resumes and any remediation plan that had been in place for
11fewer than 45 days prior to the suspension of in-person
12instruction shall be discontinued and a new remediation period
13shall begin when in-person instruction resumes. The
14requirements of this paragraph apply regardless of whether
15they are included in a school district's teacher evaluation
16plan.
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
20does not apply to teachers assigned to schools identified in
21an agreement entered into between the board of a school
22district operating under Article 34 of this Code and the
23exclusive representative of the district's teachers in
24accordance with Section 34-85c of this Code.
25    Each school district to which this Article applies shall

 

 

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1establish a teacher evaluation plan which ensures that each
2teacher in contractual continued service is evaluated at least
3once in the course of every 2 or 3 school years as provided in
4this Section.
5    Each school district shall establish a teacher evaluation
6plan 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
17establish a teacher evaluation plan that ensures that each
18teacher in contractual continued service whose performance is
19rated as either "excellent" or "proficient" is evaluated at
20least once in the course of the 3 school years after receipt of
21the rating and implement an informal teacher observation plan
22established by agency rule and by agreement of the joint
23committee established under subsection (b) of Section 24A-4 of
24this Code that ensures that each teacher in contractual
25continued service whose performance is rated as either
26"excellent" or "proficient" is informally observed at least

 

 

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1once in the course of the 2 school years after receipt of the
2rating.
3    For the 2021-2022 and 2022-2023 school years only, a
4school district may waive the evaluation requirement of any
5teacher in contractual continued service whose performance was
6rated as either "excellent" or "proficient" during the last
7school year in which the teacher was evaluated under this
8Section.
9    Notwithstanding anything to the contrary in this Section
10or any other Section of the School Code, a principal shall not
11be prohibited from evaluating any teachers within a school
12during his or her first year as principal of such school. If a
13first-year principal exercises this option in a school
14district where the evaluation plan provides for a teacher in
15contractual continued service to be evaluated once in the
16course of every 2 or 3 school years, as applicable, then a new
172-year or 3-year evaluation plan must be established.
18    The evaluation plan shall comply with the requirements of
19this Section and of any rules adopted by the State Board of
20Education pursuant to this Section.
21    The plan shall include a description of each teacher's
22duties and responsibilities and of the standards to which that
23teacher is expected to conform, and shall include at least the
24following 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
9construed as preventing immediate dismissal of a teacher for
10deficiencies which are deemed irremediable or for actions
11which are injurious to or endanger the health or person of
12students in the classroom or school, or preventing the
13dismissal or non-renewal of teachers not in contractual
14continued service for any reason not prohibited by applicable
15employment, labor, and civil rights laws. Failure to strictly
16comply with the time requirements contained in Section 24A-5
17shall not invalidate the results of the remediation plan.
18    Nothing contained in this amendatory Act of the 98th
19General Assembly repeals, supersedes, invalidates, or
20nullifies final decisions in lawsuits pending on the effective
21date of this amendatory Act of the 98th General Assembly in
22Illinois courts involving the interpretation of Public Act
2397-8.
24    If the Governor has declared a disaster due to a public
25health emergency pursuant to Section 7 of the Illinois
26Emergency Management Agency Act that suspends in-person

 

 

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1instruction, the timelines in this Section connected to the
2commencement and completion of any remediation plan are
3waived. Except if the parties mutually agree otherwise and the
4agreement is in writing, any remediation plan that had been in
5place for more than 45 days prior to the suspension of
6in-person instruction shall resume when in-person instruction
7resumes and any remediation plan that had been in place for
8fewer than 45 days prior to the suspension of in-person
9instruction shall be discontinued and a new remediation period
10shall begin when in-person instruction resumes. The
11requirements of this paragraph apply regardless of whether
12they are included in a school district's teacher evaluation
13plan.
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
18authorized to adopt such rules as are deemed necessary to
19implement and accomplish the purposes and provisions of this
20Article, 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
19the 2021-2022 and 2022-2023 school years only, student growth
20measures described under paragraph (1) of this Section and in
21administrative rules adopted by the State Board of Education
22may not be used as a factor in any evaluation under this
23Article.
24    Notwithstanding any other provision in this Section, such
25rules shall not preclude a school district having 500,000 or
26more inhabitants from using an annual State assessment as the

 

 

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1sole measure of student growth for purposes of teacher or
2principal evaluations.
3    The State Superintendent of Education shall convene a
4Performance Evaluation Advisory Council, which shall be
5staffed by the State Board of Education. Members of the
6Council shall be selected by the State Superintendent and
7include, without limitation, representatives of teacher unions
8and school district management, persons with expertise in
9performance evaluation processes and systems, as well as other
10stakeholders. The Council shall meet at least quarterly and
11may also meet at the call of the chairperson of the Council,
12following August 18, 2017 (the effective date of Public Act
13100-211) until June 30, 2021. The Council shall advise the
14State Board of Education on the ongoing implementation of
15performance evaluations in this State, which may include
16gathering public feedback, sharing best practices, consulting
17with the State Board on any proposed rule changes regarding
18evaluations, and other subjects as determined by the
19chairperson of the Council.
20    Prior to the applicable implementation date, these rules
21shall not apply to teachers assigned to schools identified in
22an agreement entered into between the board of a school
23district operating under Article 34 of this Code and the
24exclusive representative of the district's teachers in
25accordance with Section 34-85c of this Code.
26(Source: P.A. 102-558, eff. 8-20-21.)
 

 

 

HB4256 Engrossed- 21 -LRB102 21733 CMG 30852 b

1    (Text of Section after amendment by P.A. 102-252)
2    Sec. 24A-7. Rules. The State Board of Education is
3authorized to adopt such rules as are deemed necessary to
4implement and accomplish the purposes and provisions of this
5Article, 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
4the 2021-2022 and 2022-2023 school years only, student growth
5measures described under paragraph (1) of this Section and in
6administrative rules adopted by the State Board of Education
7may not be used as a factor in any evaluation under this
8Article.
9    Notwithstanding any other provision in this Section, such
10rules shall not preclude a school district having 500,000 or
11more inhabitants from using an annual State assessment as the
12sole measure of student growth for purposes of teacher or
13principal evaluations.
14    The State Superintendent of Education shall convene a
15Performance Evaluation Advisory Council, which shall be
16staffed by the State Board of Education. Members of the
17Council shall be selected by the State Superintendent and
18include, without limitation, representatives of teacher unions
19and school district management, persons with expertise in
20performance evaluation processes and systems, as well as other
21stakeholders. The Council shall meet at least quarterly and
22may also meet at the call of the chairperson of the Council,
23following August 18, 2017 (the effective date of Public Act
24100-211) until June 30, 2024. The Council shall advise the
25State Board of Education on the ongoing implementation of
26performance evaluations in this State, which may include

 

 

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1gathering public feedback, sharing best practices, consulting
2with the State Board on any proposed rule changes regarding
3evaluations, and other subjects as determined by the
4chairperson of the Council.
5    Prior to the applicable implementation date, these rules
6shall not apply to teachers assigned to schools identified in
7an agreement entered into between the board of a school
8district operating under Article 34 of this Code and the
9exclusive representative of the district's teachers in
10accordance 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
14and assistant principals.
15    (a) Each school district, except for a school district
16organized under Article 34 of this Code, shall establish a
17principal and assistant principal evaluation plan in
18accordance with this Section. The plan must ensure that each
19principal 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
9conducting additional evaluations of principals and assistant
10principals.
11    For the 2021-2022 and 2022-2023 school years only, a
12school district may waive the evaluation requirement of any
13principal or assistant principal whose performance was rated
14as either "excellent" or "proficient" during the last school
15year in which the principal or assistant principal was
16evaluated under this Section.
17    (b) The evaluation shall include a description of the
18principal's or assistant principal's duties and
19responsibilities and the standards to which the principal or
20assistant principal is expected to conform.
21    (c) The evaluation for a principal must be performed by
22the district superintendent, the superintendent's designee,
23or, in the absence of the superintendent or his or her
24designee, an individual appointed by the school board who
25holds a registered Type 75 State administrative certificate.
26    Prior to September 1, 2012, the evaluation must be in

 

 

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1writing 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
10addition to the requirements in items (1), (2), and (3) of this
11subsection (c), provide for the use of data and indicators on
12student growth as a significant factor in rating performance.
13    (c-5) The evaluation of an assistant principal must be
14performed by the principal, the district superintendent, the
15superintendent's designee, or, in the absence of the
16superintendent or his or her designee, an individual appointed
17by the school board who holds a registered Type 75 State
18administrative certificate. The evaluation must be in writing
19and 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
2addition to the requirements in items (1), (2), and (3) of this
3subsection (c-5), provide for the use of data and indicators
4on student growth as a significant factor in rating
5performance.
6    (d) One copy of the evaluation must be included in the
7principal's or assistant principal's personnel file and one
8copy of the evaluation must be provided to the principal or
9assistant principal.
10    (e) Failure by a district to evaluate a principal or
11assistant principal and to provide the principal or assistant
12principal with a copy of the evaluation at least once during
13the term of the principal's or assistant principal's contract,
14in accordance with this Section, is evidence that the
15principal or assistant principal is performing duties and
16responsibilities in at least a satisfactory manner and shall
17serve to automatically extend the principal's or assistant
18principal's contract for a period of one year after the
19contract would otherwise expire, under the same terms and
20conditions as the prior year's contract. The requirements in
21this Section are in addition to the right of a school board to
22reclassify a principal or assistant principal pursuant to
23Section 10-23.8b of this Code.
24    (f) Nothing in this Section prohibits a school board from
25ordering lateral transfers of principals or assistant
26principals 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
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.