Rep. Maura Hirschauer

Filed: 5/8/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 463

2    AMENDMENT NO. ______. Amend Senate Bill 463 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 21B-20, 24-11, and 24A-7 as follows:
 
6    (105 ILCS 5/21B-20)
7    Sec. 21B-20. Types of licenses. The State Board of
8Education shall implement a system of educator licensure,
9whereby individuals employed in school districts who are
10required to be licensed must have one of the following
11licenses: (i) a professional educator license; (ii) an
12educator license with stipulations; (iii) a substitute
13teaching license; or (iv) until June 30, 2028, a short-term
14substitute teaching license. References in law regarding
15individuals certified or certificated or required to be
16certified or certificated under Article 21 of this Code shall

 

 

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1also include individuals licensed or required to be licensed
2under this Article. The first year of all licenses ends on June
330 following one full year of the license being issued.
4    The State Board of Education, in consultation with the
5State Educator Preparation and Licensure Board, may adopt such
6rules as may be necessary to govern the requirements for
7licenses and endorsements under this Section.
8        (1) Professional Educator License. Persons who (i)
9    have successfully completed an approved educator
10    preparation program and are recommended for licensure by
11    the Illinois institution offering the educator preparation
12    program, (ii) have successfully completed the required
13    testing under Section 21B-30 of this Code, (iii) have
14    successfully completed coursework on the psychology of,
15    the identification of, and the methods of instruction for
16    the exceptional child, including, without limitation,
17    children with learning disabilities, (iv) have
18    successfully completed coursework in methods of reading
19    and reading in the content area, and (v) have met all other
20    criteria established by rule of the State Board of
21    Education shall be issued a Professional Educator License.
22    All Professional Educator Licenses are valid until June 30
23    immediately following 5 years of the license being issued.
24    The Professional Educator License shall be endorsed with
25    specific areas and grade levels in which the individual is
26    eligible to practice. For an early childhood education

 

 

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1    endorsement, an individual may satisfy the student
2    teaching requirement of his or her early childhood teacher
3    preparation program through placement in a setting with
4    children from birth through grade 2, and the individual
5    may be paid and receive credit while student teaching. The
6    student teaching experience must meet the requirements of
7    and be approved by the individual's early childhood
8    teacher preparation program.
9        Individuals can receive subsequent endorsements on the
10    Professional Educator License. Subsequent endorsements
11    shall require a minimum of 24 semester hours of coursework
12    in the endorsement area and passage of the applicable
13    content area test, unless otherwise specified by rule.
14        (2) Educator License with Stipulations. An Educator
15    License with Stipulations shall be issued an endorsement
16    that limits the license holder to one particular position
17    or does not require completion of an approved educator
18    program or both.
19        An individual with an Educator License with
20    Stipulations must not be employed by a school district or
21    any other entity to replace any presently employed teacher
22    who otherwise would not be replaced for any reason.
23        An Educator License with Stipulations may be issued
24    with the following endorsements:
25            (A) (Blank).
26            (B) Alternative provisional educator. An

 

 

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1        alternative provisional educator endorsement on an
2        Educator License with Stipulations may be issued to an
3        applicant who, at the time of applying for the
4        endorsement, has done all of the following:
5                (i) Graduated from a regionally accredited
6            college or university with a minimum of a
7            bachelor's degree.
8                (ii) Successfully completed the first phase of
9            the Alternative Educator Licensure Program for
10            Teachers, as described in Section 21B-50 of this
11            Code.
12                (iii) Passed a content area test, as required
13            under Section 21B-30 of this Code.
14        The alternative provisional educator endorsement is
15    valid for 2 years of teaching and may be renewed for a
16    third year by an individual meeting the requirements set
17    forth in Section 21B-50 of this Code.
18            (C) Alternative provisional superintendent. An
19        alternative provisional superintendent endorsement on
20        an Educator License with Stipulations entitles the
21        holder to serve only as a superintendent or assistant
22        superintendent in a school district's central office.
23        This endorsement may only be issued to an applicant
24        who, at the time of applying for the endorsement, has
25        done all of the following:
26                (i) Graduated from a regionally accredited

 

 

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1            college or university with a minimum of a master's
2            degree in a management field other than education.
3                (ii) Been employed for a period of at least 5
4            years in a management level position in a field
5            other than education.
6                (iii) Successfully completed the first phase
7            of an alternative route to superintendent
8            endorsement program, as provided in Section 21B-55
9            of this Code.
10                (iv) Passed a content area test required under
11            Section 21B-30 of this Code.
12            The endorsement is valid for 2 fiscal years in
13        order to complete one full year of serving as a
14        superintendent or assistant superintendent.
15            (D) (Blank).
16            (E) Career and technical educator. A career and
17        technical educator endorsement on an Educator License
18        with Stipulations may be issued to an applicant who
19        has a minimum of 60 semester hours of coursework from a
20        regionally accredited institution of higher education
21        or an accredited trade and technical institution and
22        has a minimum of 2,000 hours of experience outside of
23        education in each area to be taught.
24            The career and technical educator endorsement on
25        an Educator License with Stipulations is valid until
26        June 30 immediately following 5 years of the

 

 

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1        endorsement being issued and may be renewed.
2            An individual who holds a valid career and
3        technical educator endorsement on an Educator License
4        with Stipulations but does not hold a bachelor's
5        degree may substitute teach in career and technical
6        education classrooms.
7            An individual who holds a valid career and
8        technical educator endorsement on an Educator License
9        with Stipulations is entitled to all of the rights and
10        privileges granted to a holder of a Professional
11        Educator License.
12            (F) (Blank).
13            (G) Transitional bilingual educator. A
14        transitional bilingual educator endorsement on an
15        Educator License with Stipulations may be issued for
16        the purpose of providing instruction in accordance
17        with Article 14C of this Code to an applicant who
18        provides satisfactory evidence that he or she meets
19        all of the following requirements:
20                (i) Possesses adequate speaking, reading, and
21            writing ability in the language other than English
22            in which transitional bilingual education is
23            offered.
24                (ii) Has the ability to successfully
25            communicate in English.
26                (iii) Either possessed, within 5 years

 

 

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1            previous to his or her applying for a transitional
2            bilingual educator endorsement, a valid and
3            comparable teaching certificate or comparable
4            authorization issued by a foreign country or holds
5            a degree from an institution of higher learning in
6            a foreign country that the State Educator
7            Preparation and Licensure Board determines to be
8            the equivalent of a bachelor's degree from a
9            regionally accredited institution of higher
10            learning in the United States.
11            A transitional bilingual educator endorsement
12        shall be valid for prekindergarten through grade 12,
13        is valid until June 30 immediately following 5 years
14        of the endorsement being issued, and shall not be
15        renewed.
16            Persons holding a transitional bilingual educator
17        endorsement shall not be employed to replace any
18        presently employed teacher who otherwise would not be
19        replaced for any reason.
20            (H) Language endorsement. In an effort to
21        alleviate the shortage of teachers speaking a language
22        other than English in the public schools, an
23        individual who holds an Educator License with
24        Stipulations may also apply for a language
25        endorsement, provided that the applicant provides
26        satisfactory evidence that he or she meets all of the

 

 

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1        following requirements:
2                (i) Holds a transitional bilingual
3            endorsement.
4                (ii) Has demonstrated proficiency in the
5            language for which the endorsement is to be issued
6            by passing the applicable language content test
7            required by the State Board of Education.
8                (iii) Holds a bachelor's degree or higher from
9            a regionally accredited institution of higher
10            education or, for individuals educated in a
11            country other than the United States, holds a
12            degree from an institution of higher learning in a
13            foreign country that the State Educator
14            Preparation and Licensure Board determines to be
15            the equivalent of a bachelor's degree from a
16            regionally accredited institution of higher
17            learning in the United States.
18                (iv) (Blank).
19            A language endorsement on an Educator License with
20        Stipulations is valid for prekindergarten through
21        grade 12 for the same validity period as the
22        individual's transitional bilingual educator
23        endorsement on the Educator License with Stipulations
24        and shall not be renewed.
25            (I) Visiting international educator. A visiting
26        international educator endorsement on an Educator

 

 

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1        License with Stipulations may be issued to an
2        individual who is being recruited by a particular
3        school district that conducts formal recruitment
4        programs outside of the United States to secure the
5        services of qualified teachers and who meets all of
6        the following requirements:
7                (i) Holds the equivalent of a minimum of a
8            bachelor's degree issued in the United States.
9                (ii) Has been prepared as a teacher at the
10            grade level for which he or she will be employed.
11                (iii) Has adequate content knowledge in the
12            subject to be taught.
13                (iv) Has an adequate command of the English
14            language.
15            A holder of a visiting international educator
16        endorsement on an Educator License with Stipulations
17        shall be permitted to teach in bilingual education
18        programs in the language that was the medium of
19        instruction in his or her teacher preparation program,
20        provided that he or she passes the English Language
21        Proficiency Examination or another test of writing
22        skills in English identified by the State Board of
23        Education, in consultation with the State Educator
24        Preparation and Licensure Board.
25            A visiting international educator endorsement on
26        an Educator License with Stipulations is valid for 5

 

 

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1        years and shall not be renewed.
2            (J) Paraprofessional educator. A paraprofessional
3        educator endorsement on an Educator License with
4        Stipulations may be issued to an applicant who holds a
5        high school diploma or its recognized equivalent and
6        (i) holds an associate's degree or a minimum of 60
7        semester hours of credit from a regionally accredited
8        institution of higher education; (ii) has passed a
9        paraprofessional competency test under subsection
10        (c-5) of Section 21B-30; or (iii) is at least 18 years
11        of age and will be using the Educator License with
12        Stipulations exclusively for grades prekindergarten
13        through grade 8, until the individual reaches the age
14        of 19 years and otherwise meets the criteria for a
15        paraprofessional educator endorsement pursuant to this
16        subparagraph (J). The paraprofessional educator
17        endorsement is valid until June 30 immediately
18        following 5 years of the endorsement being issued and
19        may be renewed through application and payment of the
20        appropriate fee, as required under Section 21B-40 of
21        this Code. An individual who holds only a
22        paraprofessional educator endorsement is not subject
23        to additional requirements in order to renew the
24        endorsement.
25            (K) Chief school business official. A chief school
26        business official endorsement on an Educator License

 

 

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1        with Stipulations may be issued to an applicant who
2        qualifies by having a master's degree or higher, 2
3        years of full-time administrative experience in school
4        business management or 2 years of university-approved
5        practical experience, and a minimum of 24 semester
6        hours of graduate credit in a program approved by the
7        State Board of Education for the preparation of school
8        business administrators and by passage of the
9        applicable State tests, including an applicable
10        content area test.
11            The chief school business official endorsement may
12        also be affixed to the Educator License with
13        Stipulations of any holder who qualifies by having a
14        master's degree in business administration, finance,
15        accounting, or public administration and who completes
16        an additional 6 semester hours of internship in school
17        business management from a regionally accredited
18        institution of higher education and passes the
19        applicable State tests, including an applicable
20        content area test. This endorsement shall be required
21        for any individual employed as a chief school business
22        official.
23            The chief school business official endorsement on
24        an Educator License with Stipulations is valid until
25        June 30 immediately following 5 years of the
26        endorsement being issued and may be renewed if the

 

 

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1        license holder completes renewal requirements as
2        required for individuals who hold a Professional
3        Educator License endorsed for chief school business
4        official under Section 21B-45 of this Code and such
5        rules as may be adopted by the State Board of
6        Education.
7            The State Board of Education shall adopt any rules
8        necessary to implement Public Act 100-288.
9            (L) Provisional in-state educator. A provisional
10        in-state educator endorsement on an Educator License
11        with Stipulations may be issued to a candidate who has
12        completed an Illinois-approved educator preparation
13        program at an Illinois institution of higher education
14        and who has not successfully completed an
15        evidence-based assessment of teacher effectiveness but
16        who meets all of the following requirements:
17                (i) Holds at least a bachelor's degree.
18                (ii) Has completed an approved educator
19            preparation program at an Illinois institution.
20                (iii) Has passed an applicable content area
21            test, as required by Section 21B-30 of this Code.
22                (iv) Has attempted an evidence-based
23            assessment of teacher effectiveness and received a
24            minimum score on that assessment, as established
25            by the State Board of Education in consultation
26            with the State Educator Preparation and Licensure

 

 

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1            Board.
2            A provisional in-state educator endorsement on an
3        Educator License with Stipulations is valid for one
4        full fiscal year after the date of issuance and may not
5        be renewed.
6            (M) (Blank).
7            (N) Specialized services. A specialized services
8        endorsement on an Educator License with Stipulations
9        may be issued as defined and specified by rule.
10            (O) Provisional career and technical educator. A
11        provisional career and technical educator endorsement
12        on an Educator License with Stipulations may be issued
13        to an applicant who has a minimum of 8,000 hours of
14        work experience in the skill for which the applicant
15        is seeking the endorsement. Each employing school
16        board and regional office of education shall provide
17        verification, in writing, to the State Superintendent
18        of Education at the time the application is submitted
19        that no qualified teacher holding a Professional
20        Educator License or an Educator License with
21        Stipulations with a career and technical educator
22        endorsement is available to teach and that actual
23        circumstances require such issuance.
24            A provisional career and technical educator
25        endorsement on an Educator License with Stipulations
26        is valid until June 30 immediately following 5 years

 

 

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1        of the endorsement being issued and may be renewed.
2            An individual who holds a provisional career and
3        technical educator endorsement on an Educator License
4        with Stipulations may teach as a substitute teacher in
5        career and technical education classrooms.
6            An individual who holds a provisional career and
7        technical educator endorsement on an Educator License
8        with Stipulations is entitled to all of the rights and
9        privileges granted to a holder of a Professional
10        Educator License.
11        (3) Substitute Teaching License. A Substitute Teaching
12    License may be issued to qualified applicants for
13    substitute teaching in all grades of the public schools,
14    prekindergarten through grade 12. Substitute Teaching
15    Licenses are not eligible for endorsements. Applicants for
16    a Substitute Teaching License must hold a bachelor's
17    degree or higher from a regionally accredited institution
18    of higher education or must be enrolled in an approved
19    educator preparation program in this State and have earned
20    at least 90 credit hours.
21        Substitute Teaching Licenses are valid for 5 years.
22        Substitute Teaching Licenses are valid for substitute
23    teaching in every county of this State. If an individual
24    has had his or her Professional Educator License or
25    Educator License with Stipulations suspended or revoked,
26    then that individual is not eligible to obtain a

 

 

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1    Substitute Teaching License.
2        A substitute teacher may only teach in the place of a
3    licensed teacher who is under contract with the employing
4    board. If, however, there is no licensed teacher under
5    contract because of an emergency situation, then a
6    district may employ a substitute teacher for no longer
7    than 30 calendar days per each vacant position in the
8    district if the district notifies the appropriate regional
9    office of education within 5 business days after the
10    employment of the substitute teacher in that vacant
11    position. A district may continue to employ that same
12    substitute teacher in that same vacant position for 90
13    calendar days or until the end of the semester, whichever
14    is greater, if, prior to the expiration of the
15    30-calendar-day period then current, the district files a
16    written request with the appropriate regional office of
17    education for a 30-calendar-day extension on the basis
18    that the position remains vacant and the district
19    continues to actively seek qualified candidates and
20    provides documentation that it has provided training
21    specific to the position, including training on meeting
22    the needs of students with disabilities and English
23    learners if applicable. Each extension request shall be
24    granted in writing by the regional office of education. An
25    emergency situation is one in which an unforeseen vacancy
26    has occurred and (i) a teacher is unexpectedly unable to

 

 

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1    fulfill his or her contractual duties or (ii) teacher
2    capacity needs of the district exceed previous indications
3    or vacancies are unfilled due to a lack of qualified
4    candidates, and the district is actively engaged in
5    advertising to hire a fully licensed teacher for the
6    vacant position.
7        There is no limit on the number of days that a
8    substitute teacher may teach in a single school district,
9    provided that no substitute teacher may teach for longer
10    than 120 days beginning with the 2021-2022 school year
11    through the 2022-2023 school year, otherwise 90 school
12    days for any one licensed teacher under contract in the
13    same school year. A substitute teacher who holds a
14    Professional Educator License or Educator License with
15    Stipulations shall not teach for more than 120 school days
16    for any one licensed teacher under contract in the same
17    school year. The limitations in this paragraph (3) on the
18    number of days a substitute teacher may be employed do not
19    apply to any school district operating under Article 34 of
20    this Code.
21        A school district may not require an individual who
22    holds a valid Professional Educator License or Educator
23    License with Stipulations to seek or hold a Substitute
24    Teaching License to teach as a substitute teacher.
25        (4) Short-Term Substitute Teaching License. Beginning
26    on July 1, 2018 and until June 30, 2028, applicants may

 

 

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1    apply to the State Board of Education for issuance of a
2    Short-Term Substitute Teaching License. A Short-Term
3    Substitute Teaching License may be issued to a qualified
4    applicant for substitute teaching in all grades of the
5    public schools, prekindergarten through grade 12.
6    Short-Term Substitute Teaching Licenses are not eligible
7    for endorsements. Applicants for a Short-Term Substitute
8    Teaching License must hold an associate's degree or have
9    completed at least 60 credit hours from a regionally
10    accredited institution of higher education.
11        Short-Term Substitute Teaching Licenses are valid for
12    substitute teaching in every county of this State. If an
13    individual has had his or her Professional Educator
14    License or Educator License with Stipulations suspended or
15    revoked, then that individual is not eligible to obtain a
16    Short-Term Substitute Teaching License.
17        The provisions of Sections 10-21.9 and 34-18.5 of this
18    Code apply to short-term substitute teachers.
19        An individual holding a Short-Term Substitute Teaching
20    License may teach no more than 15 consecutive days per
21    licensed teacher who is under contract. For teacher
22    absences lasting 6 or more days per licensed teacher who
23    is under contract, a school district may not hire an
24    individual holding a Short-Term Substitute Teaching
25    License, unless the Governor has declared a disaster due
26    to a public health emergency pursuant to Section 7 of the

 

 

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1    Illinois Emergency Management Agency Act. An individual
2    holding a Short-Term Substitute Teaching License must
3    complete the training program under Section 10-20.67 or
4    34-18.60 of this Code to be eligible to teach at a public
5    school. Short-Term Substitute Teaching Licenses under this
6    Section are valid for 5 years.
7(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
8102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
95-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
10103-193, eff. 1-1-24; 103-564, eff. 11-17-23.)
 
11    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
12    Sec. 24-11. Boards of Education - Boards of School
13Inspectors - Contractual continued service.
14    (a) As used in this and the succeeding Sections of this
15Article:
16    "Teacher" means any or all school district employees
17regularly required to be licensed under laws relating to the
18licensure of teachers.
19    "Board" means board of directors, board of education, or
20board of school inspectors, as the case may be.
21    "School term" means that portion of the school year, July
221 to the following June 30, when school is in actual session.
23    "Program" means a program of a special education joint
24agreement.
25    "Program of a special education joint agreement" means

 

 

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1instructional, consultative, supervisory, administrative,
2diagnostic, and related services that are managed by a special
3educational joint agreement designed to service 2 or more
4school districts that are members of the joint agreement.
5    "PERA implementation date" means the implementation date
6of an evaluation system for teachers as specified by Section
724A-2.5 of this Code for all schools within a school district
8or all programs of a special education joint agreement.
9    (b) This Section and Sections 24-12 through 24-16 of this
10Article apply only to school districts having less than
11500,000 inhabitants.
12    (c) Any teacher who is first employed as a full-time
13teacher in a school district or program prior to the PERA
14implementation date and who is employed in that district or
15program for a probationary period of 4 consecutive school
16terms shall enter upon contractual continued service in the
17district or in all of the programs that the teacher is legally
18qualified to hold, unless the teacher is given written notice
19of dismissal by certified mail, return receipt requested, by
20the employing board at least 45 days before the end of any
21school term within such period.
22    (d) For any teacher who is first employed as a full-time
23teacher in a school district or program on or after the PERA
24implementation date but before July 1, 2023, the probationary
25period shall be one of the following periods, based upon the
26teacher's school terms of service and performance, before the

 

 

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1teacher shall enter upon contractual continued service in the
2district or in all of the programs that the teacher is legally
3qualified to hold, unless the teacher is given written notice
4of dismissal by certified mail, return receipt requested, by
5the employing board on or before April 15:
6        (1) 4 consecutive school terms of service in which the
7    teacher holds a Professional Educator License, an Educator
8    License with Stipulations with a career and technical
9    educator endorsement, or an Educator License with
10    Stipulations with a provisional career and technical
11    educator endorsement and receives overall annual
12    evaluation ratings of at least "Proficient" in the last
13    school term and at least "Proficient" in either the second
14    or third school terms;
15        (2) 3 consecutive school terms of service in which the
16    teacher holds a Professional Educator License, an Educator
17    License with Stipulations with a career and technical
18    educator endorsement, or an Educator License with
19    Stipulations with a provisional career and technical
20    educator endorsement and receives 2 overall annual
21    evaluations of "Excellent"; or
22        (3) 2 consecutive school terms of service in which the
23    teacher holds a Professional Educator License, an Educator
24    License with Stipulations with a career and technical
25    educator endorsement, or an Educator License with
26    Stipulations with a provisional career and technical

 

 

10300SB0463ham002- 21 -LRB103 02914 RJT 73078 a

1    educator endorsement and receives 2 overall annual
2    evaluations of "Excellent" service, but only if the
3    teacher (i) previously attained contractual continued
4    service in a different school district or program in this
5    State, (ii) voluntarily departed or was honorably
6    dismissed from that school district or program in the
7    school term immediately prior to the teacher's first
8    school term of service applicable to the attainment of
9    contractual continued service under this subdivision (3),
10    and (iii) received, in his or her 2 most recent overall
11    annual or biennial evaluations from the prior school
12    district or program, ratings of at least "Proficient",
13    with both such ratings occurring after the school
14    district's or program's PERA implementation date. For a
15    teacher to attain contractual continued service under this
16    subdivision (3), the teacher shall provide official copies
17    of his or her 2 most recent overall annual or biennial
18    evaluations from the prior school district or program to
19    the new school district or program within 60 days from the
20    teacher's first day of service with the new school
21    district or program. The prior school district or program
22    must provide the teacher with official copies of his or
23    her 2 most recent overall annual or biennial evaluations
24    within 14 days after the teacher's request. If a teacher
25    has requested such official copies prior to 45 days after
26    the teacher's first day of service with the new school

 

 

10300SB0463ham002- 22 -LRB103 02914 RJT 73078 a

1    district or program and the teacher's prior school
2    district or program fails to provide the teacher with the
3    official copies required under this subdivision (3), then
4    the time period for the teacher to submit the official
5    copies to his or her new school district or program must be
6    extended until 14 days after receipt of such copies from
7    the prior school district or program. If the prior school
8    district or program fails to provide the teacher with the
9    official copies required under this subdivision (3) within
10    90 days from the teacher's first day of service with the
11    new school district or program, then the new school
12    district or program shall rely upon the teacher's own
13    copies of his or her evaluations for purposes of this
14    subdivision (3).
15    If the teacher does not receive overall annual evaluations
16of "Excellent" in the school terms necessary for eligibility
17to achieve accelerated contractual continued service in
18subdivisions (2) and (3) of this subsection (d), the teacher
19shall be eligible for contractual continued service pursuant
20to subdivision (1) of this subsection (d). If, at the
21conclusion of 4 consecutive school terms of service that count
22toward attainment of contractual continued service, the
23teacher's performance does not qualify the teacher for
24contractual continued service under subdivision (1) of this
25subsection (d), then the teacher shall not enter upon
26contractual continued service and shall be dismissed. If a

 

 

10300SB0463ham002- 23 -LRB103 02914 RJT 73078 a

1performance evaluation is not conducted for any school term
2when such evaluation is required to be conducted under Section
324A-5 of this Code, then the teacher's performance evaluation
4rating for such school term for purposes of determining the
5attainment of contractual continued service shall be deemed
6"Proficient", except that, during any time in which the
7Governor has declared a disaster due to a public health
8emergency pursuant to Section 7 of the Illinois Emergency
9Management Agency Act, this default to "Proficient" does not
10apply to any teacher who has entered into contractual
11continued service and who was deemed "Excellent" on his or her
12most recent evaluation. During any time in which the Governor
13has declared a disaster due to a public health emergency
14pursuant to Section 7 of the Illinois Emergency Management
15Agency Act and unless the school board and any exclusive
16bargaining representative have completed the performance
17rating for teachers or mutually agreed to an alternate
18performance rating, any teacher who has entered into
19contractual continued service, whose most recent evaluation
20was deemed "Excellent", and whose performance evaluation is
21not conducted when the evaluation is required to be conducted
22shall receive a teacher's performance rating deemed
23"Excellent". A school board and any exclusive bargaining
24representative may mutually agree to an alternate performance
25rating for teachers not in contractual continued service
26during any time in which the Governor has declared a disaster

 

 

10300SB0463ham002- 24 -LRB103 02914 RJT 73078 a

1due to a public health emergency pursuant to Section 7 of the
2Illinois Emergency Management Agency Act, as long as the
3agreement is in writing.
4    (d-5) For any teacher who is first employed as a full-time
5teacher in a school district or program on or after July 1,
62023, the probationary period shall be one of the following
7periods, based upon the teacher's school terms of service and
8performance, before the teacher shall enter upon contractual
9continued service in the district or in all of the programs
10that the teacher is legally qualified to hold, unless the
11teacher is given written notice of dismissal by certified
12mail, return receipt requested, by the employing board on or
13before April 15:
14        (1) 3 consecutive school terms of service in which the
15    teacher holds a Professional Educator License, an Educator
16    License with Stipulations with a career and technical
17    educator endorsement, or an Educator License with
18    Stipulations with a provisional career and technical
19    educator endorsement and receives overall annual
20    evaluation ratings of at least "Proficient" in the second
21    and third school terms;
22        (2) 2 consecutive school terms of service in which the
23    teacher holds a Professional Educator License, an Educator
24    License with Stipulations with a career and technical
25    educator endorsement, or an Educator License with
26    Stipulations with a provisional career and technical

 

 

10300SB0463ham002- 25 -LRB103 02914 RJT 73078 a

1    educator endorsement and receives 2 overall annual
2    evaluations of "Excellent"; or
3        (3) 2 consecutive school terms of service in which the
4    teacher holds a Professional Educator License, an Educator
5    License with Stipulations with a career and technical
6    educator endorsement, or an Educator License with
7    Stipulations with a provisional career and technical
8    educator endorsement and receives 2 overall annual
9    evaluations of "Excellent" service, but only if the
10    teacher (i) previously attained contractual continued
11    service in a different school district or program in this
12    State, (ii) voluntarily departed or was honorably
13    dismissed from that school district or program in the
14    school term immediately prior to the teacher's first
15    school term of service applicable to the attainment of
16    contractual continued service under this subdivision (3),
17    and (iii) received, in his or her 2 most recent overall
18    annual or biennial evaluations from the prior school
19    district or program, ratings of at least "Proficient",
20    with both such ratings occurring after the school
21    district's or program's PERA implementation date. For a
22    teacher to attain contractual continued service under this
23    subdivision (3), the teacher shall provide official copies
24    of his or her 2 most recent overall annual or biennial
25    evaluations from the prior school district or program to
26    the new school district or program within 60 days from the

 

 

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1    teacher's first day of service with the new school
2    district or program. The prior school district or program
3    must provide the teacher with official copies of his or
4    her 2 most recent overall annual or biennial evaluations
5    within 14 days after the teacher's request. If a teacher
6    has requested such official copies prior to 45 days after
7    the teacher's first day of service with the new school
8    district or program and the teacher's prior school
9    district or program fails to provide the teacher with the
10    official copies required under this subdivision (3), then
11    the time period for the teacher to submit the official
12    copies to his or her new school district or program must be
13    extended until 14 days after receipt of such copies from
14    the prior school district or program. If the prior school
15    district or program fails to provide the teacher with the
16    official copies required under this subdivision (3) within
17    90 days from the teacher's first day of service with the
18    new school district or program, then the new school
19    district or program shall rely upon the teacher's own
20    copies of his or her evaluations for purposes of this
21    subdivision (3).
22    If the teacher does not receive overall annual evaluations
23of "Excellent" in the school terms necessary for eligibility
24to achieve accelerated contractual continued service in
25subdivisions (2) and (3) of this subsection (d-5) (d), the
26teacher shall be eligible for contractual continued service

 

 

10300SB0463ham002- 27 -LRB103 02914 RJT 73078 a

1pursuant to subdivision (1) of this subsection (d-5) (d). If,
2at the conclusion of 3 consecutive school terms of service
3that count toward attainment of contractual continued service,
4the teacher's performance does not qualify the teacher for
5contractual continued service under subdivision (1) of this
6subsection (d-5) (d), then the teacher shall not enter upon
7contractual continued service and shall be dismissed. If a
8performance evaluation is not conducted for any school term
9when such evaluation is required to be conducted under Section
1024A-5 of this Code, then the teacher's performance evaluation
11rating for such school term for purposes of determining the
12attainment of contractual continued service shall be deemed
13"Proficient", except that, during any time in which the
14Governor has declared a disaster due to a public health
15emergency pursuant to Section 7 of the Illinois Emergency
16Management Agency Act, this default to "Proficient" does not
17apply to any teacher who has entered into contractual
18continued service and who was deemed "Excellent" on his or her
19most recent evaluation. During any time in which the Governor
20has declared a disaster due to a public health emergency
21pursuant to Section 7 of the Illinois Emergency Management
22Agency Act and unless the school board and any exclusive
23bargaining representative have completed the performance
24rating for teachers or mutually agreed to an alternate
25performance rating, any teacher who has entered into
26contractual continued service, whose most recent evaluation

 

 

10300SB0463ham002- 28 -LRB103 02914 RJT 73078 a

1was deemed "Excellent", and whose performance evaluation is
2not conducted when the evaluation is required to be conducted
3shall receive a teacher's performance rating deemed
4"Excellent". A school board and any exclusive bargaining
5representative may mutually agree to an alternate performance
6rating for teachers not in contractual continued service
7during any time in which the Governor has declared a disaster
8due to a public health emergency pursuant to Section 7 of the
9Illinois Emergency Management Agency Act, as long as the
10agreement is in writing.
11    (e) For the purposes of determining contractual continued
12service, a school term shall be counted only toward attainment
13of contractual continued service if the teacher actually
14teaches or is otherwise present and participating in the
15district's or program's educational program for 120 days or
16more, provided that the days of leave under the federal Family
17Medical Leave Act that the teacher is required to take until
18the end of the school term shall be considered days of teaching
19or participation in the district's or program's educational
20program. A school term that is not counted toward attainment
21of contractual continued service shall not be considered a
22break in service for purposes of determining whether a teacher
23has been employed for consecutive school terms, provided that
24the teacher actually teaches or is otherwise present and
25participating in the district's or program's educational
26program in the following school term.

 

 

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1    (f) If the employing board determines to dismiss the
2teacher in the last year of the probationary period as
3provided in subsection (c) of this Section or subdivision (1)
4or (2) of subsection (d) of this Section or subdivision (1) or
5(2) of subsection (d-5) of this Section, but not subdivision
6(3) of subsection (d) of this Section or subdivision (3) of
7subsection (d-5) of this Section, the written notice of
8dismissal provided by the employing board must contain
9specific reasons for dismissal. Any full-time teacher who does
10not receive written notice from the employing board on or
11before April 15 as provided in this Section and whose
12performance does not require dismissal after the fourth
13probationary year pursuant to subsection (d) of this Section
14or the third probationary year pursuant to subsection (d-5) of
15this Section shall be re-employed for the following school
16term.
17    (g) Contractual continued service shall continue in effect
18the terms and provisions of the contract with the teacher
19during the last school term of the probationary period,
20subject to this Act and the lawful regulations of the
21employing board. This Section and succeeding Sections do not
22modify any existing power of the board except with respect to
23the procedure of the discharge of a teacher and reductions in
24salary as hereinafter provided. Contractual continued service
25status shall not restrict the power of the board to transfer a
26teacher to a position which the teacher is qualified to fill or

 

 

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1to make such salary adjustments as it deems desirable, but
2unless reductions in salary are uniform or based upon some
3reasonable classification, any teacher whose salary is reduced
4shall be entitled to a notice and a hearing as hereinafter
5provided in the case of certain dismissals or removals.
6    (h) If, by reason of any change in the boundaries of school
7districts, by reason of a special education cooperative
8reorganization or dissolution in accordance with Section
910-22.31 of this Code, or by reason of the creation of a new
10school district, the position held by any teacher having a
11contractual continued service status is transferred from one
12board to the control of a new or different board, then the
13contractual continued service status of the teacher is not
14thereby lost, and such new or different board is subject to
15this Code with respect to the teacher in the same manner as if
16the teacher were its employee and had been its employee during
17the time the teacher was actually employed by the board from
18whose control the position was transferred.
19    (i) The employment of any teacher in a program of a special
20education joint agreement established under Section 3-15.14,
2110-22.31 or 10-22.31a shall be governed by this and succeeding
22Sections of this Article. For purposes of attaining and
23maintaining contractual continued service and computing length
24of continuing service as referred to in this Section and
25Section 24-12, employment in a special educational joint
26program shall be deemed a continuation of all previous

 

 

10300SB0463ham002- 31 -LRB103 02914 RJT 73078 a

1licensed employment of such teacher for such joint agreement
2whether the employer of the teacher was the joint agreement,
3the regional superintendent, or one of the participating
4districts in the joint agreement.
5    (j) For any teacher employed after July 1, 1987 as a
6full-time teacher in a program of a special education joint
7agreement, whether the program is operated by the joint
8agreement or a member district on behalf of the joint
9agreement, in the event of a reduction in the number of
10programs or positions in the joint agreement in which the
11notice of dismissal is provided on or before the end of the
122010-2011 school term, the teacher in contractual continued
13service is eligible for employment in the joint agreement
14programs for which the teacher is legally qualified in order
15of greater length of continuing service in the joint
16agreement, unless an alternative method of determining the
17sequence of dismissal is established in a collective
18bargaining agreement. For any teacher employed after July 1,
191987 as a full-time teacher in a program of a special education
20joint agreement, whether the program is operated by the joint
21agreement or a member district on behalf of the joint
22agreement, in the event of a reduction in the number of
23programs or positions in the joint agreement in which the
24notice of dismissal is provided during the 2011-2012 school
25term or a subsequent school term, the teacher shall be
26included on the honorable dismissal lists of all joint

 

 

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1agreement programs for positions for which the teacher is
2qualified and is eligible for employment in such programs in
3accordance with subsections (b) and (c) of Section 24-12 of
4this Code and the applicable honorable dismissal policies of
5the joint agreement.
6    (k) For any teacher employed after July 1, 1987 as a
7full-time teacher in a program of a special education joint
8agreement, whether the program is operated by the joint
9agreement or a member district on behalf of the joint
10agreement, in the event of the dissolution of a joint
11agreement, in which the notice to teachers of the dissolution
12is provided during the 2010-2011 school term, the teacher in
13contractual continued service who is legally qualified shall
14be assigned to any comparable position in a member district
15currently held by a teacher who has not entered upon
16contractual continued service or held by a teacher who has
17entered upon contractual continued service with a shorter
18length of contractual continued service. Any teacher employed
19after July 1, 1987 as a full-time teacher in a program of a
20special education joint agreement, whether the program is
21operated by the joint agreement or a member district on behalf
22of the joint agreement, in the event of the dissolution of a
23joint agreement in which the notice to teachers of the
24dissolution is provided during the 2011-2012 school term or a
25subsequent school term, the teacher who is qualified shall be
26included on the order of honorable dismissal lists of each

 

 

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1member district and shall be assigned to any comparable
2position in any such district in accordance with subsections
3(b) and (c) of Section 24-12 of this Code and the applicable
4honorable dismissal policies of each member district.
5    (l) The governing board of the joint agreement, or the
6administrative district, if so authorized by the articles of
7agreement of the joint agreement, rather than the board of
8education of a school district, may carry out employment and
9termination actions including dismissals under this Section
10and Section 24-12.
11    (m) The employment of any teacher in a special education
12program authorized by Section 14-1.01 through 14-14.01, or a
13joint educational program established under Section 10-22.31a,
14shall be under this and the succeeding Sections of this
15Article, and such employment shall be deemed a continuation of
16the previous employment of such teacher in any of the
17participating districts, regardless of the participation of
18other districts in the program.
19    (n) Any teacher employed as a full-time teacher in a
20special education program prior to September 23, 1987 in which
212 or more school districts participate for a probationary
22period of 2 consecutive years shall enter upon contractual
23continued service in each of the participating districts,
24subject to this and the succeeding Sections of this Article,
25and, notwithstanding Section 24-1.5 of this Code, in the event
26of the termination of the program shall be eligible for any

 

 

10300SB0463ham002- 34 -LRB103 02914 RJT 73078 a

1vacant position in any of such districts for which such
2teacher is qualified.
3(Source: P.A. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22;
4103-500, eff. 8-4-23.)
 
5    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
6    Sec. 24A-7. Rules.
7    (a) The State Board of Education is authorized to adopt
8such rules as are deemed necessary to implement and accomplish
9the purposes and provisions of this Article, including, but
10not 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

 

 

10300SB0463ham002- 35 -LRB103 02914 RJT 73078 a

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 provision in this Section, such
9rules shall not preclude a school district having 500,000 or
10more inhabitants from using an annual State assessment as the
11sole measure of student growth for purposes of teacher or
12principal evaluations.
13    (b) The State Superintendent of Education shall convene a
14Performance Evaluation Advisory Council, which shall be
15staffed by the State Board of Education. Members of the
16Council shall be selected by the State Superintendent and
17include, without limitation, representatives of teacher unions
18and school district management, persons with expertise in
19performance evaluation processes and systems, as well as other
20stakeholders. The Council shall meet at least quarterly and
21may also meet at the call of the chairperson of the Council,
22following August 18, 2017 (the effective date of Public Act
23100-211) until December 31 June 30, 2024. The Council shall
24advise the State Board of Education on the ongoing
25implementation of performance evaluations in this State, which
26may include gathering public feedback, sharing best practices,

 

 

10300SB0463ham002- 36 -LRB103 02914 RJT 73078 a

1consulting with the State Board on any proposed rule changes
2regarding evaluations, and other subjects as determined by the
3chairperson of the Council.
4    (c) On July 1, 2024, the State Superintendent of Education
5shall convene a Performance Evaluation Advisory Committee for
6the purpose of maintaining and improving the evaluator
7training and pre-qualification program in this State under
8Section 24A-3. The Committee shall be staffed by the State
9Board of Education. Members of the Committee shall include,
10without limitation, representatives from providers of the
11evaluator retraining and pre-qualification program in this
12State, which include teacher unions, school district
13management, including a school district organized under
14Article 34, and a statewide organization representing regional
15offices of education. Members of the Committee shall be
16nominated by the providers and appointed by the State
17Superintendent.
18    The Committee shall meet initially at the call of the
19State Superintendent and shall select one member as
20chairperson at its initial meeting. The Committee shall meet
21at least quarterly and may also meet at the call of the
22chairperson of the Committee.
23    The Committee shall advise the State Board of Education on
24the continued implementation of the evaluator training and
25pre-qualification program in this State, which may include the
26development and delivery of the program's existing and new

 

 

10300SB0463ham002- 37 -LRB103 02914 RJT 73078 a

1administrators' academies, gathering feedback from program
2instructors and participants, sharing best practices,
3consulting with the State Board on any proposed rule changes
4regarding evaluator training, and other subjects as determined
5by the chairperson of the Committee.
6    (d) Prior to the applicable implementation date, the these
7rules shall not apply to teachers assigned to schools
8identified in an agreement entered into between the board of a
9school district operating under Article 34 of this Code and
10the exclusive representative of the district's teachers in
11accordance with Section 34-85c of this Code.
12(Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
13    Section 99. Effective date. This Act takes effect June 15,
142024.".