Illinois General Assembly - Full Text of HB4688
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Full Text of HB4688  102nd General Assembly




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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
521B-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
9are required to complete the licensure renewal requirements as
10specified in this Section, unless otherwise provided in this
12    Individuals holding a Professional Educator License shall
13meet the renewal requirements set forth in this Section,
14unless otherwise provided in this Code. If an individual holds
15a license endorsed in more than one area that has different
16renewal requirements, that individual shall follow the renewal
17requirements for the position for which he or she spends the
18majority of his or her time working.
19    (b) All Professional Educator Licenses not renewed as
20provided in this Section shall lapse on September 1 of that
21year. Notwithstanding any other provisions of this Section, if
22a license holder's electronic mail address is available, the
23State Board of Education shall send him or her notification



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1electronically that his or her license will lapse if not
2renewed, to be sent no more than 6 months prior to the license
3lapsing. Lapsed licenses may be immediately reinstated upon
4(i) payment by the applicant of a $500 penalty to the State
5Board of Education or (ii) the demonstration of proficiency by
6completing 9 semester hours of coursework from a regionally
7accredited institution of higher education in the content area
8that most aligns with one or more of the educator's
9endorsement areas. Any and all back fees, including without
10limitation registration fees owed from the time of expiration
11of the license until the date of reinstatement, shall be paid
12and kept in accordance with the provisions in Article 3 of this
13Code concerning an institute fund and the provisions in
14Article 21B of this Code concerning fees and requirements for
15registration. Licenses not registered in accordance with
16Section 21B-40 of this Code shall lapse after a period of 6
17months from the expiration of the last year of registration or
18on January 1 of the fiscal year following initial issuance of
19the license. An unregistered license is invalid after
20September 1 for employment and performance of services in an
21Illinois public or State-operated school or cooperative and in
22a charter school. Any license or endorsement may be
23voluntarily surrendered by the license holder. A voluntarily
24surrendered license shall be treated as a revoked license. An
25Educator License with Stipulations with only a
26paraprofessional endorsement does not lapse.



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1    (c) From July 1, 2013 through June 30, 2014, in order to
2satisfy the requirements for licensure renewal provided for in
3this Section, each professional educator licensee with an
4administrative endorsement who is working in a position
5requiring such endorsement shall complete one Illinois
6Administrators' Academy course, as described in Article 2 of
7this Code, per fiscal year.
8    (c-5) All licenses issued by the State Board of Education
9under this Article that expire on June 30, 2020 and have not
10been renewed by the end of the 2020 renewal period shall be
11extended for one year and shall expire on June 30, 2021.
12    (d) Beginning July 1, 2014, in order to satisfy the
13requirements for licensure renewal provided for in this
14Section, each professional educator licensee may create a
15professional development plan each year. The plan shall
16address one or more of the endorsements that are required of
17his or her educator position if the licensee is employed and
18performing services in an Illinois public or State-operated
19school or cooperative. If the licensee is employed in a
20charter school, the plan shall address that endorsement or
21those endorsements most closely related to his or her educator
22position. Licensees employed and performing services in any
23other Illinois schools may participate in the renewal
24requirements by adhering to the same process.
25    Except as otherwise provided in this Section, the
26licensee's professional development activities shall align



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1with 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
13licensee shall engage in professional development activities.
14Prior to renewal, the licensee shall enter electronically into
15the Educator Licensure Information System (ELIS) the name,
16date, and location of the activity, the number of professional
17development hours, and the provider's name. The following
18provisions shall apply concerning professional development
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
21on the effective date of this amendatory Act of the 102nd
22General Assembly, except that the number of professional
23development hours required under subsection (e) is reduced by
2420% for any renewal cycle that includes the 2021-2022 school
26    (f) At the time of renewal, each licensee shall respond to



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1the required questions under penalty of perjury.
2    (f-5) The State Board of Education shall conduct random
3audits of licensees to verify a licensee's fulfillment of the
4professional development hours required under this Section.
5Upon completion of a random audit, if it is determined by the
6State Board of Education that the licensee did not complete
7the required number of professional development hours or did
8not provide sufficient proof of completion, the licensee shall
9be notified that his or her license has lapsed. A license that
10has lapsed under this subsection may be reinstated as provided
11in subsection (b).
12    (g) The following entities shall be designated as approved
13to provide professional development activities for the renewal
14of 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
24Section shall make available professional development
25opportunities 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
4Section 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
26audits of a subset of approved providers, except for school



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1districts, which shall be audited by regional offices of
2education and intermediate service centers. The State Board of
3Education shall ensure that each approved provider, except for
4a school district, is audited at least once every 5 years. The
5State Board of Education may conduct more frequent audits of
6providers if evidence suggests the requirements of this
7Section 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
2cycle between April 1 and June 30 in the last year of each
35-year renewal cycle using ELIS. If all required professional
4development hours for the renewal cycle have been completed
5and entered by the licensee, the licensee shall pay the
6registration fees for the next cycle using a form of credit or
7debit card.
8    (l) Any professional educator licensee endorsed for school
9support personnel who is employed and performing services in
10Illinois public schools and who holds an active and current
11professional license issued by the Department of Financial and
12Professional Regulation or a national certification board, as
13approved by the State Board of Education, related to the
14endorsement areas on the Professional Educator License shall
15be deemed to have satisfied the continuing professional
16development requirements provided for in this Section. Such
17individuals shall be required to pay only registration fees to
18renew the Professional Educator License. An individual who
19does not hold a license issued by the Department of Financial
20and Professional Regulation shall complete professional
21development requirements for the renewal of a Professional
22Educator License provided for in this Section.
23    (m) Appeals to the State Educator Preparation and
24Licensure Board must be made within 30 days after receipt of
25notice from the State Superintendent of Education that a
26license will not be renewed based upon failure to complete the



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1requirements of this Section. A licensee may appeal that
2decision to the State Educator Preparation and Licensure Board
3in 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
7necessary to implement this Section.
8(Source: P.A. 101-85, eff. 1-1-20; 101-531, eff. 8-23-19;
9101-643, 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
12does not apply to teachers assigned to schools identified in
13an agreement entered into between the board of a school
14district operating under Article 34 of this Code and the
15exclusive representative of the district's teachers in
16accordance with Section 34-85c of this Code.
17    Each school district to which this Article applies shall
18establish a teacher evaluation plan which ensures that each
19teacher in contractual continued service is evaluated at least
20once in the course of every 2 or 3 school years as provided in
21this Section.
22    Each school district shall establish a teacher evaluation
23plan 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
9establish a teacher evaluation plan that ensures that each
10teacher in contractual continued service whose performance is
11rated as either "excellent" or "proficient" is evaluated at
12least once in the course of the 3 school years after receipt of
13the rating and implement an informal teacher observation plan
14established by agency rule and by agreement of the joint
15committee established under subsection (b) of Section 24A-4 of
16this Code that ensures that each teacher in contractual
17continued service whose performance is rated as either
18"excellent" or "proficient" is informally observed at least
19once in the course of the 2 school years after receipt of the
21    For the 2022-2023 school year only, a school district may
22waive the evaluation requirement of any teacher in contractual
23continued service whose performance was rated as either
24"excellent" or "proficient" during the last school year in
25which the teacher was evaluated under this Section.
26    Notwithstanding anything to the contrary in this Section



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1or any other Section of the School Code, a principal shall not
2be prohibited from evaluating any teachers within a school
3during his or her first year as principal of such school. If a
4first-year principal exercises this option in a school
5district where the evaluation plan provides for a teacher in
6contractual continued service to be evaluated once in the
7course of every 2 or 3 school years, as applicable, then a new
82-year or 3-year evaluation plan must be established.
9    The evaluation plan shall comply with the requirements of
10this Section and of any rules adopted by the State Board of
11Education pursuant to this Section.
12    The plan shall include a description of each teacher's
13duties and responsibilities and of the standards to which that
14teacher is expected to conform, and shall include at least the
15following 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
26construed as preventing immediate dismissal of a teacher for



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1deficiencies which are deemed irremediable or for actions
2which are injurious to or endanger the health or person of
3students in the classroom or school, or preventing the
4dismissal or non-renewal of teachers not in contractual
5continued service for any reason not prohibited by applicable
6employment, labor, and civil rights laws. Failure to strictly
7comply with the time requirements contained in Section 24A-5
8shall not invalidate the results of the remediation plan.
9    Nothing contained in this amendatory Act of the 98th
10General Assembly repeals, supersedes, invalidates, or
11nullifies final decisions in lawsuits pending on the effective
12date of this amendatory Act of the 98th General Assembly in
13Illinois courts involving the interpretation of Public Act
15    If the Governor has declared a disaster due to a public
16health emergency pursuant to Section 7 of the Illinois
17Emergency Management Agency Act that suspends in-person
18instruction, the timelines in this Section connected to the
19commencement and completion of any remediation plan are
20waived. Except if the parties mutually agree otherwise and the
21agreement is in writing, any remediation plan that had been in
22place for more than 45 days prior to the suspension of
23in-person instruction shall resume when in-person instruction
24resumes and any remediation plan that had been in place for
25fewer than 45 days prior to the suspension of in-person
26instruction shall be discontinued and a new remediation period



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1shall begin when in-person instruction resumes. The
2requirements of this paragraph apply regardless of whether
3they are included in a school district's teacher evaluation
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
8authorized to adopt such rules as are deemed necessary to
9implement and accomplish the purposes and provisions of this
10Article, 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
9the 2022-2023 school year only, student growth measures
10described under paragraph (1) of this Section and in
11administrative rules adopted by the State Board of Education
12may not be used as a factor in any evaluation under this
14    Notwithstanding any other provision in this Section, such
15rules shall not preclude a school district having 500,000 or
16more inhabitants from using an annual State assessment as the
17sole measure of student growth for purposes of teacher or
18principal evaluations.
19    The State Superintendent of Education shall convene a
20Performance Evaluation Advisory Council, which shall be
21staffed by the State Board of Education. Members of the
22Council shall be selected by the State Superintendent and
23include, without limitation, representatives of teacher unions
24and school district management, persons with expertise in
25performance evaluation processes and systems, as well as other
26stakeholders. The Council shall meet at least quarterly and



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1may also meet at the call of the chairperson of the Council,
2following August 18, 2017 (the effective date of Public Act
3100-211) until June 30, 2024. The Council shall advise the
4State Board of Education on the ongoing implementation of
5performance evaluations in this State, which may include
6gathering public feedback, sharing best practices, consulting
7with the State Board on any proposed rule changes regarding
8evaluations, and other subjects as determined by the
9chairperson of the Council.
10    Prior to the applicable implementation date, these rules
11shall not apply to teachers assigned to schools identified in
12an agreement entered into between the board of a school
13district operating under Article 34 of this Code and the
14exclusive representative of the district's teachers in
15accordance 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
19and assistant principals.
20    (a) Each school district, except for a school district
21organized under Article 34 of this Code, shall establish a
22principal and assistant principal evaluation plan in
23accordance with this Section. The plan must ensure that each
24principal 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
14conducting additional evaluations of principals and assistant
16    For the 2022-2023 school year only, a school district may
17waive the evaluation requirement of any principal or assistant
18principal whose performance was rated as either "excellent" or
19"proficient" during the last school year in which the
20principal or assistant principal was evaluated under this
22    (b) The evaluation shall include a description of the
23principal's or assistant principal's duties and
24responsibilities and the standards to which the principal or
25assistant principal is expected to conform.
26    (c) The evaluation for a principal must be performed by



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1the district superintendent, the superintendent's designee,
2or, in the absence of the superintendent or his or her
3designee, an individual appointed by the school board who
4holds a registered Type 75 State administrative certificate.
5    Prior to September 1, 2012, the evaluation must be in
6writing 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
15addition to the requirements in items (1), (2), and (3) of this
16subsection (c), provide for the use of data and indicators on
17student growth as a significant factor in rating performance.
18    (c-5) The evaluation of an assistant principal must be
19performed by the principal, the district superintendent, the
20superintendent's designee, or, in the absence of the
21superintendent or his or her designee, an individual appointed
22by the school board who holds a registered Type 75 State
23administrative certificate. The evaluation must be in writing
24and 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
7addition to the requirements in items (1), (2), and (3) of this
8subsection (c-5), provide for the use of data and indicators
9on student growth as a significant factor in rating
11    (d) One copy of the evaluation must be included in the
12principal's or assistant principal's personnel file and one
13copy of the evaluation must be provided to the principal or
14assistant principal.
15    (e) Failure by a district to evaluate a principal or
16assistant principal and to provide the principal or assistant
17principal with a copy of the evaluation at least once during
18the term of the principal's or assistant principal's contract,
19in accordance with this Section, is evidence that the
20principal or assistant principal is performing duties and
21responsibilities in at least a satisfactory manner and shall
22serve to automatically extend the principal's or assistant
23principal's contract for a period of one year after the
24contract would otherwise expire, under the same terms and
25conditions as the prior year's contract. The requirements in
26this Section are in addition to the right of a school board to



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1reclassify a principal or assistant principal pursuant to
2Section 10-23.8b of this Code.
3    (f) Nothing in this Section prohibits a school board from
4ordering lateral transfers of principals or assistant
5principals 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
8becoming law.