Full Text of HB5318 103rd General Assembly
HB5318eng 103RD GENERAL ASSEMBLY | | | HB5318 Engrossed | | LRB103 38422 RJT 68558 b |
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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 Section | 5 | | 34-85c as follows: | 6 | | (105 ILCS 5/34-85c) | 7 | | Sec. 34-85c. Alternative procedures for teacher | 8 | | evaluation, remediation, and removal for cause after | 9 | | remediation. | 10 | | (a) Notwithstanding any law to the contrary, the board and | 11 | | the exclusive representative of the district's teachers are | 12 | | hereby authorized to enter into an agreement to establish | 13 | | alternative procedures for teacher evaluation, remediation, | 14 | | and removal for cause after remediation, including an | 15 | | alternative system for peer evaluation and recommendations; | 16 | | provided, however, that no later than September 1, 2012: (i) | 17 | | any alternative procedures must include provisions whereby | 18 | | student performance data is a significant factor in teacher | 19 | | evaluation and (ii) teachers are rated as "excellent", | 20 | | "proficient", "needs improvement" or "unsatisfactory". | 21 | | Pursuant exclusively to that agreement, teachers assigned to | 22 | | schools identified in that agreement shall be subject to an | 23 | | alternative performance evaluation plan and remediation |
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| 1 | | procedures in lieu of the plan and procedures set forth in | 2 | | Article 24A of this Code and alternative removal for cause | 3 | | standards and procedures in lieu of the removal standards and | 4 | | procedures set forth in Section 34-85 of this Code. To the | 5 | | extent that the agreement provides a teacher with an | 6 | | opportunity for a hearing on removal for cause before an | 7 | | independent hearing officer in accordance with Section 34-85 | 8 | | or otherwise, the hearing officer shall be governed by the | 9 | | alternative performance evaluation plan, remediation | 10 | | procedures, and removal standards and procedures set forth in | 11 | | the agreement in making findings of fact and a recommendation. | 12 | | (a-5) If the Governor has declared a disaster due to a | 13 | | public health emergency pursuant to Section 7 of the Illinois | 14 | | Emergency Management Agency Act that suspends in-person | 15 | | instruction, the timelines connected to the commencement and | 16 | | completion of any remediation plan are paused. Except where | 17 | | the parties mutually agree otherwise and such agreement is in | 18 | | writing, any remediation plan that had been in place for 45 or | 19 | | more days prior to the suspension of in-person instruction | 20 | | shall resume when in-person instruction resumes; any | 21 | | remediation plan that had been in place for fewer than 45 days | 22 | | prior to the suspension of in-person instruction shall | 23 | | discontinue and a new remediation period will begin when | 24 | | in-person instruction resumes. | 25 | | (a-10) No later than September 1, 2022, the school | 26 | | district must establish a teacher evaluation plan that ensures |
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| 1 | | that each teacher in contractual continued service whose | 2 | | performance is rated as either "excellent" or "proficient" is | 3 | | evaluated at least once in the course of the 3 school years | 4 | | after receipt of the rating and establish an informal teacher | 5 | | observation plan that ensures that each teacher in contractual | 6 | | continued service whose performance is rated as either | 7 | | "excellent" or "proficient" is informally observed at least | 8 | | once in the course of the 2 school years after receipt of the | 9 | | rating. | 10 | | (a-15) For the 2022-2023 school year only, if the Governor | 11 | | has declared a disaster due to a public health emergency | 12 | | pursuant to Section 7 of the Illinois Emergency Management | 13 | | Agency Act, the school district may waive the evaluation | 14 | | requirement of any teacher in contractual continued service | 15 | | whose performance was rated as either "excellent" or | 16 | | "proficient" during the last school year in which the teacher | 17 | | was evaluated under this Section. | 18 | | (a-20) If after the evaluation procedures established in | 19 | | subsection (a) of this Section are determined by the State | 20 | | Board of Education, in the State Board of Education's report | 21 | | under subsection (e) of Section 24A-20 of this Code, to have | 22 | | clear racial, ethnic, socio-economic, or geographic | 23 | | disparities for the educators evaluated under those evaluation | 24 | | procedures, then the board and the exclusive representative of | 25 | | the district's teachers shall enter into negotiations to | 26 | | create a new evaluation system, to be implemented no later |
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| 1 | | than August 15, 2025, that maintains the requirements | 2 | | established in subsection (a) of this Section and remedies the | 3 | | determined racial, ethnic, socio-economic, or geographic | 4 | | disparities. | 5 | | (b) The board and the exclusive representative of the | 6 | | district's teachers shall submit a certified copy of an | 7 | | agreement as provided under subsection (a) of this Section to | 8 | | the State Board of Education. | 9 | | (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22; | 10 | | 102-729, eff. 5-6-22.) | 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
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