Full Text of HB4688 102nd General Assembly
HB4688eng 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 | | 21B-45, 24A-5, 24A-7, and 24A-15 as follows: | 6 | | (105 ILCS 5/21B-45) | 7 | | Sec. 21B-45. Professional Educator License renewal. | 8 | | (a) Individuals holding a Professional Educator License | 9 | | are required to complete the licensure renewal requirements as | 10 | | specified in this Section, unless otherwise provided in this | 11 | | Code. | 12 | | Individuals holding a Professional Educator License shall | 13 | | meet the renewal requirements set forth in this Section, | 14 | | unless otherwise provided in this Code. If an individual holds | 15 | | a license endorsed in more than one area that has different | 16 | | renewal requirements, that individual shall follow the renewal | 17 | | requirements for the position for which he or she spends the | 18 | | majority of his or her time working. | 19 | | (b) All Professional Educator Licenses not renewed as | 20 | | provided in this Section shall lapse on September 1 of that | 21 | | year. Notwithstanding any other provisions of this Section, if | 22 | | a license holder's electronic mail address is available, the | 23 | | State Board of Education shall send him or her notification |
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| 1 | | electronically that his or her license will lapse if not | 2 | | renewed, to be sent no more than 6 months prior to the license | 3 | | lapsing. Lapsed licenses may be immediately reinstated upon | 4 | | (i) payment by the applicant of a $500 penalty to the State | 5 | | Board of Education or (ii) the demonstration of proficiency by | 6 | | completing 9 semester hours of coursework from a regionally | 7 | | accredited institution of higher education in the content area | 8 | | that most aligns with one or more of the educator's | 9 | | endorsement areas. Any and all back fees, including without | 10 | | limitation registration fees owed from the time of expiration | 11 | | of the license until the date of reinstatement, shall be paid | 12 | | and kept in accordance with the provisions in Article 3 of this | 13 | | Code concerning an institute fund and the provisions in | 14 | | Article 21B of this Code concerning fees and requirements for | 15 | | registration. Licenses not registered in accordance with | 16 | | Section 21B-40 of this Code shall lapse after a period of 6 | 17 | | months from the expiration of the last year of registration or | 18 | | on January 1 of the fiscal year following initial issuance of | 19 | | the license. An unregistered license is invalid after | 20 | | September 1 for employment and performance of services in an | 21 | | Illinois public or State-operated school or cooperative and in | 22 | | a charter school. Any license or endorsement may be | 23 | | voluntarily surrendered by the license holder. A voluntarily | 24 | | surrendered license shall be treated as a revoked license. An | 25 | | Educator License with Stipulations with only a | 26 | | paraprofessional endorsement does not lapse.
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| 1 | | (c) From July 1, 2013 through June 30, 2014, in order to | 2 | | satisfy the requirements for licensure renewal provided for in | 3 | | this Section, each professional educator licensee with an | 4 | | administrative endorsement who is working in a position | 5 | | requiring such endorsement shall complete one Illinois | 6 | | Administrators' Academy course, as described in Article 2 of | 7 | | this Code, per fiscal year. | 8 | | (c-5) All licenses issued by the State Board of Education | 9 | | under this Article that expire on June 30, 2020 and have not | 10 | | been renewed by the end of the 2020 renewal period shall be | 11 | | extended for one year and shall expire on June 30, 2021. | 12 | | (d) Beginning July 1, 2014, in order to satisfy the | 13 | | requirements for licensure renewal provided for in this | 14 | | Section, each professional educator licensee may create a | 15 | | professional development plan each year. The plan shall | 16 | | address one or more of the endorsements that are required of | 17 | | his or her educator position if the licensee is employed and | 18 | | performing services in an Illinois public or State-operated | 19 | | school or cooperative. If the licensee is employed in a | 20 | | charter school, the plan shall address that endorsement or | 21 | | those endorsements most closely related to his or her educator | 22 | | position. Licensees employed and performing services in any | 23 | | other Illinois schools may participate in the renewal | 24 | | requirements by adhering to the same process. | 25 | | Except as otherwise provided in this Section, the | 26 | | licensee's professional development activities shall align |
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| 1 | | with one or more of the following criteria: | 2 | | (1) activities are of a type that engage participants | 3 | | over a sustained period of time allowing for analysis, | 4 | | discovery, and application as they relate to student | 5 | | learning, social or emotional achievement, or well-being; | 6 | | (2) professional development aligns to the licensee's | 7 | | performance; | 8 | | (3) outcomes for the activities must relate to student | 9 | | growth or district improvement; | 10 | | (4) activities align to State-approved standards;
and | 11 | | (5) higher education coursework. | 12 | | (e) For each renewal cycle, each professional educator | 13 | | licensee shall engage in professional development activities. | 14 | | Prior to renewal, the licensee shall enter electronically into | 15 | | the Educator Licensure Information System (ELIS) the name, | 16 | | date, and location of the activity, the number of professional | 17 | | development hours, and the provider's name. The following | 18 | | provisions shall apply concerning professional development | 19 | | activities: | 20 | | (1) Each licensee shall complete a total of 120 hours | 21 | | of professional development per 5-year renewal cycle in | 22 | | order to renew the license, except as otherwise provided | 23 | | in this Section. | 24 | | (2) Beginning with his or her first full 5-year cycle, | 25 | | any licensee with an administrative endorsement who is not | 26 | | working in a position requiring such endorsement is not |
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| 1 | | required to complete Illinois Administrators' Academy | 2 | | courses, as described in Article 2 of this Code. Such | 3 | | licensees must complete one Illinois Administrators' | 4 | | Academy course within one year after returning to a | 5 | | position that requires the administrative endorsement. | 6 | | (3) Any licensee with an administrative endorsement | 7 | | who is working in a position requiring such endorsement or | 8 | | an individual with a Teacher Leader endorsement serving in | 9 | | an administrative capacity at least 50% of the day shall | 10 | | complete one Illinois Administrators' Academy course, as | 11 | | described in Article 2 of this Code, each fiscal year in | 12 | | addition to 100 hours of professional development per | 13 | | 5-year renewal cycle in accordance with this Code. | 14 | | (4) Any licensee holding a current National Board for | 15 | | Professional Teaching Standards (NBPTS) master teacher | 16 | | designation shall complete a total of 60 hours of | 17 | | professional development per 5-year renewal cycle in order | 18 | | to renew the license. | 19 | | (5) Licensees working in a position that does not | 20 | | require educator licensure or working in a position for | 21 | | less than 50% for any particular year are considered to be | 22 | | exempt and shall be required to pay only the registration | 23 | | fee in order to renew and maintain the validity of the | 24 | | license. | 25 | | (6) Licensees who are retired and qualify for benefits | 26 | | from a State of Illinois retirement system shall notify |
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| 1 | | the State Board of Education using ELIS, and the license | 2 | | shall be maintained in retired status. For any renewal | 3 | | cycle in which a licensee retires during the renewal | 4 | | cycle, the licensee must complete professional development | 5 | | activities on a prorated basis depending on the number of | 6 | | years during the renewal cycle the educator held an active | 7 | | license. If a licensee retires during a renewal cycle, the | 8 | | licensee must notify the State Board of Education using | 9 | | ELIS that the licensee wishes to maintain the license in | 10 | | retired status and must show proof of completion of | 11 | | professional development activities on a prorated basis | 12 | | for all years of that renewal cycle for which the license | 13 | | was active. An individual with a license in retired status | 14 | | shall not be required to complete professional development | 15 | | activities or pay registration fees until returning to a | 16 | | position that requires educator licensure. Upon returning | 17 | | to work in a position that requires the Professional | 18 | | Educator License, the licensee shall immediately pay a | 19 | | registration fee and complete renewal requirements for | 20 | | that year. A license in retired status cannot lapse. | 21 | | Beginning on January 6, 2017 (the effective date of Public | 22 | | Act 99-920) through December 31, 2017, any licensee who | 23 | | has retired and whose license has lapsed for failure to | 24 | | renew as provided in this Section may reinstate that | 25 | | license and maintain it in retired status upon providing | 26 | | proof to the State Board of Education using ELIS that the |
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| 1 | | licensee is retired and is not working in a position that | 2 | | requires a Professional Educator License. | 3 | | (7) For any renewal cycle in which professional | 4 | | development hours were required, but not fulfilled, the | 5 | | licensee shall complete any missed hours to total the | 6 | | minimum professional development hours required in this | 7 | | Section prior to September 1 of that year. Professional | 8 | | development hours used to fulfill the minimum required | 9 | | hours for a renewal cycle may be used for only one renewal | 10 | | cycle. For any fiscal year or renewal cycle in which an | 11 | | Illinois Administrators' Academy course was required but | 12 | | not completed, the licensee shall complete any missed | 13 | | Illinois Administrators' Academy courses prior to | 14 | | September 1 of that year. The licensee may complete all | 15 | | deficient hours and Illinois Administrators' Academy | 16 | | courses while continuing to work in a position that | 17 | | requires that license until September 1 of that year. | 18 | | (8) Any licensee who has not fulfilled the | 19 | | professional development renewal requirements set forth in | 20 | | this Section at the end of any 5-year renewal cycle is | 21 | | ineligible to register his or her license and may submit | 22 | | an appeal to the State Superintendent of Education for | 23 | | reinstatement of the license. | 24 | | (9) If professional development opportunities were | 25 | | unavailable to a licensee, proof that opportunities were | 26 | | unavailable and request for an extension of time beyond |
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| 1 | | August 31 to complete the renewal requirements may be | 2 | | submitted from April 1 through June 30 of that year to the | 3 | | State Educator Preparation and Licensure Board. If an | 4 | | extension is approved, the license shall remain valid | 5 | | during the extension period. | 6 | | (10) Individuals who hold exempt licenses prior to | 7 | | December 27, 2013 (the effective date of Public Act | 8 | | 98-610) shall commence the annual renewal process with the | 9 | | first scheduled registration due after December 27, 2013 | 10 | | (the effective date of Public Act 98-610). | 11 | | (11) Notwithstanding any other provision of this | 12 | | subsection (e), if a licensee earns more than the required | 13 | | number of professional development hours during a renewal | 14 | | cycle, then the licensee may carry over any hours earned | 15 | | from April 1 through June 30 of the last year of the | 16 | | renewal cycle. Any hours carried over in this manner must | 17 | | be applied to the next renewal cycle. Illinois | 18 | | Administrators' Academy courses or hours earned in those | 19 | | courses may not be carried over. | 20 | | (e-5) Subsection (e) does not apply for one year beginning | 21 | | on the effective date of this amendatory Act of the 102nd | 22 | | General Assembly, except that the number of professional | 23 | | development hours required under subsection (e) is reduced by | 24 | | 20% for any renewal cycle that includes the 2021-2022 school | 25 | | year. | 26 | | (f) At the time of renewal, each licensee shall respond to |
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| 1 | | the required questions under penalty of perjury. | 2 | | (f-5) The State Board of Education shall conduct random | 3 | | audits of licensees to verify a licensee's fulfillment of the | 4 | | professional development hours required under this Section. | 5 | | Upon completion of a random audit, if it is determined by the | 6 | | State Board of Education that the licensee did not complete | 7 | | the required number of professional development hours or did | 8 | | not provide sufficient proof of completion, the licensee shall | 9 | | be notified that his or her license has lapsed. A license that | 10 | | has lapsed under this subsection may be reinstated as provided | 11 | | in subsection (b). | 12 | | (g) The following entities shall be designated as approved | 13 | | to provide professional development activities for the renewal | 14 | | of Professional Educator Licenses: | 15 | | (1) The State Board of Education. | 16 | | (2) Regional offices of education and intermediate | 17 | | service centers. | 18 | | (3) Illinois professional associations representing | 19 | | the following groups that are approved by the State | 20 | | Superintendent of Education: | 21 | | (A) school administrators; | 22 | | (B) principals; | 23 | | (C) school business officials; | 24 | | (D) teachers, including special education | 25 | | teachers; | 26 | | (E) school boards; |
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| 1 | | (F) school districts; | 2 | | (G) parents; and | 3 | | (H) school service personnel. | 4 | | (4) Regionally accredited institutions of higher | 5 | | education that offer Illinois-approved educator | 6 | | preparation programs and public community colleges subject | 7 | | to the Public Community College Act. | 8 | | (5) Illinois public school districts, charter schools | 9 | | authorized under Article 27A of this Code, and joint | 10 | | educational programs authorized under Article 10 of this | 11 | | Code for the purposes of providing career and technical | 12 | | education or special education services. | 13 | | (6) A not-for-profit organization that, as of December | 14 | | 31, 2014 (the effective date of Public Act 98-1147), has | 15 | | had or has a grant from or a contract with the State Board | 16 | | of Education to provide professional development services | 17 | | in the area of English Learning to Illinois school | 18 | | districts, teachers, or administrators. | 19 | | (7) State agencies, State boards, and State | 20 | | commissions. | 21 | | (8) Museums as defined in Section 10 of the Museum | 22 | | Disposition of Property Act. | 23 | | (h) Approved providers under subsection (g) of this | 24 | | Section shall make available professional development | 25 | | opportunities that satisfy at least one of the following: | 26 | | (1) increase the knowledge and skills of school and |
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| 1 | | district leaders who guide continuous professional | 2 | | development; | 3 | | (2) improve the learning of students; | 4 | | (3) organize adults into learning communities whose | 5 | | goals are aligned with those of the school and district; | 6 | | (4) deepen educator's content knowledge; | 7 | | (5) provide educators with research-based | 8 | | instructional strategies to assist students in meeting | 9 | | rigorous academic standards; | 10 | | (6) prepare educators to appropriately use various | 11 | | types of classroom assessments; | 12 | | (7) use learning strategies appropriate to the | 13 | | intended goals; | 14 | | (8) provide educators with the knowledge and skills to | 15 | | collaborate; | 16 | | (9) prepare educators to apply research to decision | 17 | | making; | 18 | | (10) provide educators with training on inclusive | 19 | | practices in the classroom that examines instructional and | 20 | | behavioral strategies that improve academic and | 21 | | social-emotional outcomes for all students, with or | 22 | | without disabilities, in a general education setting; or | 23 | | (11) beginning on July 1, 2022, provide educators with | 24 | | training on the physical
and mental health needs of | 25 | | students, student safety, educator ethics, professional | 26 | | conduct, and
other topics that address the well-being of |
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| 1 | | students and improve the academic and social-emotional
| 2 | | outcomes of students. | 3 | | (i) Approved providers under subsection (g) of this | 4 | | Section shall do the following: | 5 | | (1) align professional development activities to the | 6 | | State-approved national standards for professional | 7 | | learning; | 8 | | (2) meet the professional development criteria for | 9 | | Illinois licensure renewal; | 10 | | (3) produce a rationale for the activity that explains | 11 | | how it aligns to State standards and identify the | 12 | | assessment for determining the expected impact on student | 13 | | learning or school improvement; | 14 | | (4) maintain original documentation for completion of | 15 | | activities; | 16 | | (5) provide license holders with evidence of | 17 | | completion of activities; | 18 | | (6) request an Illinois Educator Identification Number | 19 | | (IEIN) for each educator during each professional | 20 | | development activity; and | 21 | | (7) beginning on July 1, 2019, register annually with | 22 | | the State Board of Education prior to offering any | 23 | | professional development opportunities in the current | 24 | | fiscal year. | 25 | | (j) The State Board of Education shall conduct annual | 26 | | audits of a subset of approved providers, except for school |
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| 1 | | districts, which shall be audited by regional offices of | 2 | | education and intermediate service centers. The State Board of | 3 | | Education shall ensure that each approved provider, except for | 4 | | a school district, is audited at least once every 5 years. The | 5 | | State Board of Education may conduct more frequent audits of | 6 | | providers if evidence suggests the requirements of this | 7 | | Section or administrative rules are not being met. | 8 | | (1) (Blank). | 9 | | (2) Approved providers shall comply with the | 10 | | requirements in subsections (h) and (i) of this Section by | 11 | | annually submitting data to the State Board of Education | 12 | | demonstrating how the professional development activities | 13 | | impacted one or more of the following: | 14 | | (A) educator and student growth in regards to | 15 | | content knowledge or skills, or both; | 16 | | (B) educator and student social and emotional | 17 | | growth; or | 18 | | (C) alignment to district or school improvement | 19 | | plans. | 20 | | (3) The State Superintendent of Education shall review | 21 | | the annual data collected by the State Board of Education, | 22 | | regional offices of education, and intermediate service | 23 | | centers in audits to determine if the approved provider | 24 | | has met the criteria and should continue to be an approved | 25 | | provider or if further action should be taken as provided | 26 | | in rules. |
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| 1 | | (k) Registration fees shall be paid for the next renewal | 2 | | cycle between April 1 and June 30 in the last year of each | 3 | | 5-year renewal cycle using ELIS. If all required professional | 4 | | development hours for the renewal cycle have been completed | 5 | | and entered by the licensee, the licensee shall pay the | 6 | | registration fees for the next cycle using a form of credit or | 7 | | debit card. | 8 | | (l) Any professional educator licensee endorsed for school | 9 | | support personnel who is employed and performing services in | 10 | | Illinois public schools and who holds an active and current | 11 | | professional license issued by the Department of Financial and | 12 | | Professional Regulation or a national certification board, as | 13 | | approved by the State Board of Education, related to the | 14 | | endorsement areas on the Professional Educator License shall | 15 | | be deemed to have satisfied the continuing professional | 16 | | development requirements provided for in this Section. Such | 17 | | individuals shall be required to pay only registration fees to | 18 | | renew the Professional Educator License. An individual who | 19 | | does not hold a license issued by the Department of Financial | 20 | | and Professional Regulation shall complete professional | 21 | | development requirements for the renewal of a Professional | 22 | | Educator License provided for in this Section. | 23 | | (m) Appeals to the State Educator Preparation and | 24 | | Licensure Board
must be made within 30 days after receipt of | 25 | | notice from the State Superintendent of Education that a | 26 | | license will not be renewed based upon failure to complete the |
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| 1 | | requirements of this Section. A licensee may appeal that | 2 | | decision to the State Educator Preparation and Licensure Board | 3 | | in a manner prescribed by rule. | 4 | | (1) Each appeal shall state the reasons why the State | 5 | | Superintendent's decision should be reversed and shall be | 6 | | sent by certified mail, return receipt requested, to the | 7 | | State Board of Education. | 8 | | (2) The State Educator Preparation and Licensure Board | 9 | | shall review each appeal regarding renewal of a license | 10 | | within 90 days after receiving the appeal in order to | 11 | | determine whether the licensee has met the requirements of | 12 | | this Section. The State Educator Preparation and Licensure | 13 | | Board may hold an appeal hearing or may make its | 14 | | determination based upon the record of review, which shall | 15 | | consist of the following: | 16 | | (A) the regional superintendent of education's | 17 | | rationale for recommending nonrenewal of the license, | 18 | | if applicable; | 19 | | (B) any evidence submitted to the State | 20 | | Superintendent along with the individual's electronic | 21 | | statement of assurance for renewal; and | 22 | | (C) the State Superintendent's rationale for | 23 | | nonrenewal of the license. | 24 | | (3) The State Educator Preparation and Licensure Board | 25 | | shall notify the licensee of its decision regarding | 26 | | license renewal by certified mail, return receipt |
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| 1 | | requested, no later than 30 days after reaching a | 2 | | decision. Upon receipt of notification of renewal, the | 3 | | licensee, using ELIS, shall pay the applicable | 4 | | registration fee for the next cycle using a form of credit | 5 | | or debit card. | 6 | | (n) The State Board of Education may adopt rules as may be | 7 | | necessary to implement this Section. | 8 | | (Source: P.A. 101-85, eff. 1-1-20; 101-531, eff. 8-23-19; | 9 | | 101-643, eff. 6-18-20; 102-676, eff. 12-3-21.) | 10 | | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | 11 | | Sec. 24A-5. Content of evaluation plans. This Section | 12 | | does not apply to teachers assigned to schools identified in | 13 | | an agreement entered into between the board of a school | 14 | | district operating under Article 34 of this Code and the | 15 | | exclusive representative of the district's teachers in | 16 | | accordance with Section 34-85c of this Code.
| 17 | | Each school district to
which this Article applies shall | 18 | | establish a teacher evaluation plan
which ensures that each | 19 | | teacher in contractual continued service
is evaluated at least | 20 | | once in the course of every 2 or 3 school years as provided in | 21 | | this Section. | 22 | | Each school district shall establish a teacher evaluation | 23 | | plan that ensures that: | 24 | | (1) each teacher not in contractual continued service | 25 | | is evaluated at least once every school year; and |
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| 1 | | (2) except as otherwise provided in this Section, each | 2 | | teacher in contractual continued service is evaluated at | 3 | | least once in the course of every 2 school years. However, | 4 | | any teacher in contractual continued service whose | 5 | | performance is rated as either "needs improvement" or | 6 | | "unsatisfactory" must be evaluated at least once in the | 7 | | school year following the receipt of such rating. | 8 | | No later than September 1, 2022, each school district must | 9 | | establish a teacher evaluation plan that ensures that each | 10 | | teacher in contractual continued service whose performance is | 11 | | rated as either "excellent" or "proficient" is evaluated at | 12 | | least once in the course of the 3 school years after receipt of | 13 | | the rating and implement an informal teacher observation plan | 14 | | established by agency rule and by agreement of the joint | 15 | | committee established under subsection (b) of Section 24A-4 of | 16 | | this Code that ensures that each teacher in contractual | 17 | | continued service whose performance is rated as either | 18 | | "excellent" or "proficient" is informally observed at least | 19 | | once in the course of the 2 school years after receipt of the | 20 | | rating. | 21 | | For the 2022-2023 school year only, a school district may | 22 | | waive the evaluation requirement of any teacher in contractual | 23 | | continued service whose performance was rated as either | 24 | | "excellent" or "proficient" during the last school year in | 25 | | which the teacher was evaluated under this Section. | 26 | | Notwithstanding anything to the contrary in this Section |
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| 1 | | or any other Section of the School Code, a principal shall not | 2 | | be prohibited from evaluating any teachers within a school | 3 | | during his or her first year as principal of such school. If a | 4 | | first-year principal exercises this option in a school | 5 | | district where the evaluation plan provides for a teacher in | 6 | | contractual continued service to be evaluated once in the | 7 | | course of every 2 or 3 school years, as applicable, then a new | 8 | | 2-year or 3-year evaluation plan must be established. | 9 | | The evaluation plan shall comply with the requirements of | 10 | | this Section and
of any rules adopted by the State Board of | 11 | | Education pursuant to this Section. | 12 | | The plan shall include a description of each teacher's | 13 | | duties
and responsibilities and of the standards to which that | 14 | | teacher
is expected to conform, and shall include at least the | 15 | | following components: | 16 | | (a) personal observation of the teacher in the | 17 | | classroom by the evaluator, unless
the teacher has no | 18 | | classroom duties. | 19 | | (b) consideration of the teacher's attendance, | 20 | | planning,
instructional methods, classroom management, | 21 | | where relevant, and
competency in the subject matter | 22 | | taught. | 23 | | (c) by no later than the applicable implementation | 24 | | date, consideration of student growth as a significant | 25 | | factor in the rating of the teacher's performance. | 26 | | (d) prior to September 1, 2012, rating of the |
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| 1 | | performance of teachers in contractual continued service | 2 | | as either: | 3 | | (i) "excellent",
"satisfactory" or | 4 | | "unsatisfactory"; or | 5 | | (ii) "excellent", "proficient", "needs | 6 | | improvement" or "unsatisfactory". | 7 | | (e) on and after September 1, 2012, rating of the | 8 | | performance of all teachers as "excellent", "proficient", | 9 | | "needs improvement" or "unsatisfactory". | 10 | | (f) specification as to the teacher's strengths and | 11 | | weaknesses, with
supporting reasons for the comments made. | 12 | | (g) inclusion of a copy of the evaluation in the | 13 | | teacher's personnel
file and provision of a copy to the | 14 | | teacher. | 15 | | (h) within 30 school days after the completion of an | 16 | | evaluation rating a teacher in contractual continued | 17 | | service as "needs improvement", development by the | 18 | | evaluator, in consultation with the teacher, and taking | 19 | | into account the teacher's on-going professional | 20 | | responsibilities including his or her regular teaching | 21 | | assignments, of a professional development plan directed | 22 | | to the areas that need improvement and any supports that | 23 | | the district will provide to address the areas identified | 24 | | as needing improvement. | 25 | | (i) within 30 school days after completion of an | 26 | | evaluation rating a teacher
in contractual continued |
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| 1 | | service as "unsatisfactory", development and commencement | 2 | | by the district of a remediation plan designed to correct | 3 | | deficiencies
cited, provided the deficiencies are deemed | 4 | | remediable.
In all school districts the
remediation plan | 5 | | for unsatisfactory, tenured teachers shall
provide for 90 | 6 | | school days of remediation within the
classroom, unless an | 7 | | applicable collective bargaining agreement provides for a | 8 | | shorter duration. In all school districts evaluations | 9 | | issued pursuant
to
this Section shall be
issued within 10 | 10 | | days after the conclusion of the respective remediation | 11 | | plan.
However, the school board or other governing | 12 | | authority of the district
shall not lose
jurisdiction to | 13 | | discharge a teacher in the event the evaluation is not | 14 | | issued
within 10 days after the conclusion of the | 15 | | respective remediation plan. | 16 | | (j) participation in the remediation plan by the | 17 | | teacher in contractual continued service rated
| 18 | | "unsatisfactory", an evaluator and a consulting teacher | 19 | | selected by the evaluator of the teacher who was rated | 20 | | "unsatisfactory", which
consulting teacher is an | 21 | | educational employee as defined in the Educational
Labor | 22 | | Relations Act, has at least 5 years' teaching experience, | 23 | | and a
reasonable familiarity with the assignment of the | 24 | | teacher being evaluated,
and who received an "excellent" | 25 | | rating on his or her most
recent evaluation. Where no | 26 | | teachers who meet these criteria are available
within the |
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| 1 | | district, the district shall request and the applicable | 2 | | regional office of education shall supply, to participate | 3 | | in the remediation process, an
individual who meets these | 4 | | criteria. | 5 | | In a district having a population of less than 500,000 | 6 | | with an
exclusive bargaining agent, the bargaining agent
| 7 | | may, if it so chooses, supply a roster of qualified | 8 | | teachers from whom the
consulting teacher is to be | 9 | | selected. That roster shall, however, contain
the names of | 10 | | at least 5 teachers, each of whom meets the criteria for
| 11 | | consulting teacher with regard to the teacher being | 12 | | evaluated, or the names
of all teachers so qualified if | 13 | | that number is less than 5. In the event of
a dispute as to | 14 | | qualification, the State Board shall determine | 15 | | qualification. | 16 | | (k) a mid-point and final evaluation by an evaluator | 17 | | during and at the end of the remediation period, | 18 | | immediately following receipt of a remediation plan | 19 | | provided for under subsections (i) and (j) of this | 20 | | Section. Each evaluation shall assess the teacher's | 21 | | performance during the time period since the prior | 22 | | evaluation; provided that the last evaluation shall also | 23 | | include an overall evaluation of the teacher's performance | 24 | | during the remediation period. A written copy of the | 25 | | evaluations and ratings, in which any deficiencies in | 26 | | performance and recommendations for correction are |
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| 1 | | identified, shall be provided to and discussed with the | 2 | | teacher within 10 school days after the date of the | 3 | | evaluation, unless an applicable collective bargaining | 4 | | agreement provides to the contrary. These subsequent | 5 | | evaluations
shall be conducted by an evaluator. The | 6 | | consulting
teacher shall provide advice to the teacher | 7 | | rated "unsatisfactory" on how
to improve teaching skills | 8 | | and to successfully complete the remediation
plan. The | 9 | | consulting teacher shall participate in developing the
| 10 | | remediation plan, but the final decision as to the | 11 | | evaluation shall be done
solely by the evaluator,
unless | 12 | | an applicable collective bargaining agreement provides to | 13 | | the contrary.
Evaluations at the
conclusion of the | 14 | | remediation process shall be separate and distinct from | 15 | | the
required annual evaluations of teachers and shall not | 16 | | be subject to the
guidelines and procedures relating to | 17 | | those annual evaluations. The evaluator
may but is not | 18 | | required to use the forms provided for the annual | 19 | | evaluation of
teachers in the district's evaluation plan. | 20 | | (l)
reinstatement to the evaluation schedule set forth | 21 | | in the district's evaluation plan for any teacher in | 22 | | contractual continued service
who achieves a rating equal | 23 | | to or better than "satisfactory" or "proficient" in the | 24 | | school year following a rating of "needs improvement" or | 25 | | "unsatisfactory". | 26 | | (m) dismissal in accordance with subsection (d) of |
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| 1 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | 2 | | any teacher who fails to complete any applicable | 3 | | remediation plan
with a rating equal to or better than a | 4 | | "satisfactory" or "proficient" rating. Districts and | 5 | | teachers subject to
dismissal hearings are precluded from | 6 | | compelling the testimony of
consulting teachers at such | 7 | | hearings under subsection (d) of Section 24-12 or Section | 8 | | 24-16.5 or 34-85 of this Code, either
as to the rating | 9 | | process or for opinions of performances by teachers under
| 10 | | remediation. | 11 | | (n) After the implementation date of an evaluation | 12 | | system for teachers in a district as specified in Section | 13 | | 24A-2.5 of this Code, if a teacher in contractual | 14 | | continued service successfully completes a remediation | 15 | | plan following a rating of "unsatisfactory" in an overall | 16 | | performance evaluation received after the foregoing | 17 | | implementation date and receives a subsequent rating of | 18 | | "unsatisfactory" in any of the teacher's overall | 19 | | performance evaluation ratings received during the | 20 | | 36-month period following the teacher's completion of the | 21 | | remediation plan, then the school district may forego | 22 | | remediation and seek dismissal in accordance with | 23 | | subsection (d) of Section 24-12 or Section 34-85 of this | 24 | | Code. | 25 | | Nothing in this Section or Section 24A-4 shall be | 26 | | construed as preventing immediate
dismissal of a teacher for |
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| 1 | | deficiencies which are
deemed irremediable or for actions | 2 | | which are injurious to or endanger the
health or person of | 3 | | students in the classroom or school, or preventing the | 4 | | dismissal or non-renewal of teachers not in contractual | 5 | | continued service for any reason not prohibited by applicable | 6 | | employment, labor, and civil rights laws. Failure to
strictly | 7 | | comply with the time requirements contained in Section 24A-5 | 8 | | shall
not invalidate the results of the remediation plan. | 9 | | Nothing contained in this amendatory Act of the 98th | 10 | | General Assembly repeals, supersedes, invalidates, or | 11 | | nullifies final decisions in lawsuits pending on the effective | 12 | | date of this amendatory Act of the 98th General Assembly in | 13 | | Illinois courts involving the interpretation of Public Act | 14 | | 97-8. | 15 | | If the Governor has declared a disaster due to a public | 16 | | health emergency pursuant to Section 7 of the Illinois | 17 | | Emergency Management Agency Act that suspends in-person | 18 | | instruction, the timelines in this Section connected to the | 19 | | commencement and completion of any remediation plan are | 20 | | waived. Except if the parties mutually agree otherwise and the | 21 | | agreement is in writing, any remediation plan that had been in | 22 | | place for more than 45 days prior to the suspension of | 23 | | in-person instruction shall resume when in-person instruction | 24 | | resumes and any remediation plan that had been in place for | 25 | | fewer than 45 days prior to the suspension of in-person | 26 | | instruction shall be discontinued and a new remediation period |
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| 1 | | shall begin when in-person instruction resumes. The | 2 | | requirements of this paragraph apply regardless of whether | 3 | | they are included in a school district's teacher evaluation | 4 | | plan. | 5 | | (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22 .) | 6 | | (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7) | 7 | | Sec. 24A-7. Rules. The State Board of Education is | 8 | | authorized to adopt such rules as
are deemed necessary to | 9 | | implement and accomplish the purposes and
provisions of this | 10 | | Article, including, but not limited to, rules: | 11 | | (1) relating to the methods for measuring student | 12 | | growth (including, but not limited to, limitations on the | 13 | | age of usable data; the amount of data needed to reliably | 14 | | and validly measure growth for the purpose of teacher and | 15 | | principal evaluations; and whether and at what time annual | 16 | | State assessments may be used as one of multiple measures | 17 | | of student growth); | 18 | | (2) defining the term "significant factor" for | 19 | | purposes of including consideration of student growth in | 20 | | performance ratings; | 21 | | (3) controlling for such factors as student | 22 | | characteristics (including, but not limited to, students | 23 | | receiving special education and English Learner services), | 24 | | student attendance, and student mobility so as to best | 25 | | measure the impact that a teacher, principal, school and |
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| 1 | | school district has on students' academic achievement; | 2 | | (4) establishing minimum requirements for district | 3 | | teacher and principal evaluation instruments and | 4 | | procedures; and | 5 | | (5) establishing a model evaluation plan for use by | 6 | | school districts in which student growth shall comprise | 7 | | 50% of the performance rating. | 8 | | Notwithstanding any other rule or law to the contrary, for | 9 | | the 2022-2023 school year only, student growth measures | 10 | | described under paragraph (1) of this Section and in | 11 | | administrative rules adopted by the State Board of Education | 12 | | may not be used as a factor in any evaluation under this | 13 | | Article. | 14 | | Notwithstanding any other provision in this Section, such | 15 | | rules shall not preclude a school district having 500,000 or | 16 | | more inhabitants from using an annual State assessment as the | 17 | | sole measure of student growth for purposes of teacher or | 18 | | principal evaluations. | 19 | | The State Superintendent of Education shall convene a | 20 | | Performance Evaluation Advisory Council, which shall be | 21 | | staffed by the State Board of Education. Members of the | 22 | | Council shall be selected by the State Superintendent and | 23 | | include, without limitation, representatives of teacher unions | 24 | | and school district management, persons with expertise in | 25 | | performance evaluation processes and systems, as well as other | 26 | | stakeholders. The Council shall meet at least quarterly and |
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| 1 | | may also meet at the call of the chairperson of the Council, | 2 | | following August 18, 2017 (the effective date of Public Act | 3 | | 100-211) until June 30, 2024. The Council shall advise the | 4 | | State Board of Education on the ongoing implementation of | 5 | | performance evaluations in this State, which may include | 6 | | gathering public feedback, sharing best practices, consulting | 7 | | with the State Board on any proposed rule changes regarding | 8 | | evaluations, and other subjects as determined by the | 9 | | chairperson of the Council. | 10 | | Prior to the applicable implementation date, these rules | 11 | | shall not apply to teachers assigned to schools identified in | 12 | | an agreement entered into between the board of a school | 13 | | district operating under Article 34 of this Code and the | 14 | | exclusive representative of the district's teachers in | 15 | | accordance with Section 34-85c of this Code. | 16 | | (Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21 .) | 17 | | (105 ILCS 5/24A-15) | 18 | | Sec. 24A-15. Development of evaluation plan for principals | 19 | | and assistant principals. | 20 | | (a) Each school district, except for a school district | 21 | | organized under Article 34 of this Code, shall establish a | 22 | | principal and assistant principal evaluation plan in | 23 | | accordance with this Section. The plan must ensure that each | 24 | | principal and assistant principal is evaluated as follows: | 25 | | (1) For a principal or assistant principal on a |
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| 1 | | single-year contract, the evaluation must take place by | 2 | | March 1 of each year. | 3 | | (2) For a principal or assistant principal on a | 4 | | multi-year contract under Section 10-23.8a of this Code, | 5 | | the evaluation must take place by March 1 of the final year | 6 | | of the contract. | 7 | | On and after September 1, 2012, the plan must: | 8 | | (i) rate the principal's or assistant principal's | 9 | | performance as "excellent", "proficient", "needs | 10 | | improvement" or "unsatisfactory"; and | 11 | | (ii) ensure that each principal and assistant | 12 | | principal is evaluated at least once every school year. | 13 | | Nothing in this Section prohibits a school district from | 14 | | conducting additional evaluations of principals and assistant | 15 | | principals.
| 16 | | For the 2022-2023 school year only, a school district may | 17 | | waive the evaluation requirement of any principal or assistant | 18 | | principal whose performance was rated as either "excellent" or | 19 | | "proficient" during the last school year in which the | 20 | | principal or assistant principal was evaluated under this | 21 | | Section. | 22 | | (b) The evaluation shall include a description of the | 23 | | principal's or assistant principal's duties and | 24 | | responsibilities and the standards to which the principal or | 25 | | assistant principal is expected to conform. | 26 | | (c) The evaluation for a principal must be performed by |
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| 1 | | the district superintendent, the superintendent's designee, | 2 | | or, in the absence of the superintendent or his or her | 3 | | designee, an individual appointed by the school board who | 4 | | holds a registered Type 75 State administrative certificate. | 5 | | Prior to September 1, 2012, the evaluation must be in | 6 | | writing and must at least do all of the following: | 7 | | (1) Consider the principal's specific duties, | 8 | | responsibilities, management, and competence as a | 9 | | principal. | 10 | | (2) Specify the principal's strengths and weaknesses, | 11 | | with supporting reasons. | 12 | | (3) Align with research-based standards established by | 13 | | administrative rule.
| 14 | | On and after September 1, 2012, the evaluation must, in | 15 | | addition to the requirements in items (1), (2), and (3) of this | 16 | | subsection (c), provide for the use of data and indicators on | 17 | | student growth as a significant factor in rating performance. | 18 | | (c-5) The evaluation of an assistant principal must be | 19 | | performed by the principal, the district superintendent, the | 20 | | superintendent's designee, or, in the absence of the | 21 | | superintendent or his or her designee, an individual appointed | 22 | | by the school board who holds a registered Type 75 State | 23 | | administrative certificate. The evaluation must be in writing | 24 | | and must at least do all of the following: | 25 | | (1) Consider the assistant principal's specific | 26 | | duties, responsibilities, management, and competence as an |
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| 1 | | assistant principal. | 2 | | (2) Specify the assistant principal's strengths and | 3 | | weaknesses with supporting reasons. | 4 | | (3) Align with the Illinois Professional Standards for | 5 | | School Leaders or research-based district standards. | 6 | | On and after September 1, 2012, the evaluation must, in | 7 | | addition to the requirements in items (1), (2), and (3) of this | 8 | | subsection (c-5), provide for the use of data and indicators | 9 | | on student growth as a significant factor in rating | 10 | | performance. | 11 | | (d) One copy of the evaluation must be included in the | 12 | | principal's or assistant principal's personnel file and one | 13 | | copy of the evaluation must be provided to the principal or | 14 | | assistant principal. | 15 | | (e) Failure by a district to evaluate a principal or | 16 | | assistant principal and to provide the principal or assistant | 17 | | principal with a copy of the evaluation at least once during | 18 | | the term of the principal's or assistant principal's contract, | 19 | | in accordance with this Section, is evidence that the | 20 | | principal or assistant principal is performing duties and | 21 | | responsibilities in at least a satisfactory manner and shall | 22 | | serve to automatically extend the principal's or assistant | 23 | | principal's contract for a period of one year after the | 24 | | contract would otherwise expire, under the same terms and | 25 | | conditions as the prior year's contract. The requirements in | 26 | | this Section are in addition to the right of a school board to |
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| 1 | | reclassify a principal or assistant principal pursuant to | 2 | | Section 10-23.8b of this Code. | 3 | | (f) Nothing in this Section prohibits a school board from | 4 | | ordering lateral transfers of principals or assistant | 5 | | principals to positions of similar rank and salary.
| 6 | | (Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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