Illinois General Assembly - Full Text of HB0018
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Full Text of HB0018  102nd General Assembly




HB0018 EnrolledLRB102 02679 CMG 12682 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
524A-5, 24A-7, and 34-85c as follows:
6    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
7    Sec. 24A-5. Content of evaluation plans. This Section
8does not apply to teachers assigned to schools identified in
9an agreement entered into between the board of a school
10district operating under Article 34 of this Code and the
11exclusive representative of the district's teachers in
12accordance with Section 34-85c of this Code.
13    Each school district to which this Article applies shall
14establish a teacher evaluation plan which ensures that each
15teacher in contractual continued service is evaluated at least
16once in the course of every 2 or 3 school years as provided in
17this Section.
18    Each By no later than September 1, 2012, each school
19district shall establish a teacher evaluation plan that
20ensures that:
21        (1) each teacher not in contractual continued service
22    is evaluated at least once every school year; and
23        (2) except as otherwise provided in this Section, each



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1    teacher in contractual continued service is evaluated at
2    least once in the course of every 2 school years. However,
3    any teacher in contractual continued service whose
4    performance is rated as either "needs improvement" or
5    "unsatisfactory" must be evaluated at least once in the
6    school year following the receipt of such rating.
7    No later than September 1, 2022, each school district must
8establish a teacher evaluation plan that ensures that each
9teacher in contractual continued service whose performance is
10rated as either "excellent" or "proficient" is evaluated at
11least once in the course of the 3 school years after receipt of
12the rating and implement an informal teacher observation plan
13established by agency rule and by agreement of the joint
14committee established under subsection (b) of Section 24A-4 of
15this Code that ensures that each teacher in contractual
16continued service whose performance is rated as either
17"excellent" or "proficient" is informally observed at least
18once in the course of the 2 school years after receipt of the
20    Notwithstanding anything to the contrary in this Section
21or any other Section of the School Code, a principal shall not
22be prohibited from evaluating any teachers within a school
23during his or her first year as principal of such school. If a
24first-year principal exercises this option in a school
25district where the evaluation plan provides for a teacher in
26contractual continued service to be evaluated once in the



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1course of every 2 or 3 school years, as applicable, then a new
22-year or 3-year evaluation plan must be established.
3    The evaluation plan shall comply with the requirements of
4this Section and of any rules adopted by the State Board of
5Education pursuant to this Section.
6    The plan shall include a description of each teacher's
7duties and responsibilities and of the standards to which that
8teacher is expected to conform, and shall include at least the
9following components:
10        (a) personal observation of the teacher in the
11    classroom by the evaluator, unless the teacher has no
12    classroom duties.
13        (b) consideration of the teacher's attendance,
14    planning, instructional methods, classroom management,
15    where relevant, and competency in the subject matter
16    taught.
17        (c) by no later than the applicable implementation
18    date, consideration of student growth as a significant
19    factor in the rating of the teacher's performance.
20        (d) prior to September 1, 2012, rating of the
21    performance of teachers in contractual continued service
22    as either:
23            (i) "excellent", "satisfactory" or
24        "unsatisfactory"; or
25            (ii) "excellent", "proficient", "needs
26        improvement" or "unsatisfactory".



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1        (e) on and after September 1, 2012, rating of the
2    performance of all teachers as "excellent", "proficient",
3    "needs improvement" or "unsatisfactory".
4        (f) specification as to the teacher's strengths and
5    weaknesses, with supporting reasons for the comments made.
6        (g) inclusion of a copy of the evaluation in the
7    teacher's personnel file and provision of a copy to the
8    teacher.
9        (h) within 30 school days after the completion of an
10    evaluation rating a teacher in contractual continued
11    service as "needs improvement", development by the
12    evaluator, in consultation with the teacher, and taking
13    into account the teacher's on-going professional
14    responsibilities including his or her regular teaching
15    assignments, of a professional development plan directed
16    to the areas that need improvement and any supports that
17    the district will provide to address the areas identified
18    as needing improvement.
19        (i) within 30 school days after completion of an
20    evaluation rating a teacher in contractual continued
21    service as "unsatisfactory", development and commencement
22    by the district of a remediation plan designed to correct
23    deficiencies cited, provided the deficiencies are deemed
24    remediable. In all school districts the remediation plan
25    for unsatisfactory, tenured teachers shall provide for 90
26    school days of remediation within the classroom, unless an



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1    applicable collective bargaining agreement provides for a
2    shorter duration. In all school districts evaluations
3    issued pursuant to this Section shall be issued within 10
4    days after the conclusion of the respective remediation
5    plan. However, the school board or other governing
6    authority of the district shall not lose jurisdiction to
7    discharge a teacher in the event the evaluation is not
8    issued within 10 days after the conclusion of the
9    respective remediation plan.
10        (j) participation in the remediation plan by the
11    teacher in contractual continued service rated
12    "unsatisfactory", an evaluator and a consulting teacher
13    selected by the evaluator of the teacher who was rated
14    "unsatisfactory", which consulting teacher is an
15    educational employee as defined in the Educational Labor
16    Relations Act, has at least 5 years' teaching experience,
17    and a reasonable familiarity with the assignment of the
18    teacher being evaluated, and who received an "excellent"
19    rating on his or her most recent evaluation. Where no
20    teachers who meet these criteria are available within the
21    district, the district shall request and the applicable
22    regional office of education shall supply, to participate
23    in the remediation process, an individual who meets these
24    criteria.
25        In a district having a population of less than 500,000
26    with an exclusive bargaining agent, the bargaining agent



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1    may, if it so chooses, supply a roster of qualified
2    teachers from whom the consulting teacher is to be
3    selected. That roster shall, however, contain the names of
4    at least 5 teachers, each of whom meets the criteria for
5    consulting teacher with regard to the teacher being
6    evaluated, or the names of all teachers so qualified if
7    that number is less than 5. In the event of a dispute as to
8    qualification, the State Board shall determine
9    qualification.
10        (k) a mid-point and final evaluation by an evaluator
11    during and at the end of the remediation period,
12    immediately following receipt of a remediation plan
13    provided for under subsections (i) and (j) of this
14    Section. Each evaluation shall assess the teacher's
15    performance during the time period since the prior
16    evaluation; provided that the last evaluation shall also
17    include an overall evaluation of the teacher's performance
18    during the remediation period. A written copy of the
19    evaluations and ratings, in which any deficiencies in
20    performance and recommendations for correction are
21    identified, shall be provided to and discussed with the
22    teacher within 10 school days after the date of the
23    evaluation, unless an applicable collective bargaining
24    agreement provides to the contrary. These subsequent
25    evaluations shall be conducted by an evaluator. The
26    consulting teacher shall provide advice to the teacher



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1    rated "unsatisfactory" on how to improve teaching skills
2    and to successfully complete the remediation plan. The
3    consulting teacher shall participate in developing the
4    remediation plan, but the final decision as to the
5    evaluation shall be done solely by the evaluator, unless
6    an applicable collective bargaining agreement provides to
7    the contrary. Evaluations at the conclusion of the
8    remediation process shall be separate and distinct from
9    the required annual evaluations of teachers and shall not
10    be subject to the guidelines and procedures relating to
11    those annual evaluations. The evaluator may but is not
12    required to use the forms provided for the annual
13    evaluation of teachers in the district's evaluation plan.
14        (l) reinstatement to the evaluation schedule set forth
15    in the district's evaluation plan for any teacher in
16    contractual continued service who achieves a rating equal
17    to or better than "satisfactory" or "proficient" in the
18    school year following a rating of "needs improvement" or
19    "unsatisfactory".
20        (m) dismissal in accordance with subsection (d) of
21    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
22    any teacher who fails to complete any applicable
23    remediation plan with a rating equal to or better than a
24    "satisfactory" or "proficient" rating. Districts and
25    teachers subject to dismissal hearings are precluded from
26    compelling the testimony of consulting teachers at such



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1    hearings under subsection (d) of Section 24-12 or Section
2    24-16.5 or 34-85 of this Code, either as to the rating
3    process or for opinions of performances by teachers under
4    remediation.
5        (n) After the implementation date of an evaluation
6    system for teachers in a district as specified in Section
7    24A-2.5 of this Code, if a teacher in contractual
8    continued service successfully completes a remediation
9    plan following a rating of "unsatisfactory" in an annual
10    or biennial overall performance evaluation received after
11    the foregoing implementation date and receives a
12    subsequent rating of "unsatisfactory" in any of the
13    teacher's annual or biennial overall performance
14    evaluation ratings received during the 36-month period
15    following the teacher's completion of the remediation
16    plan, then the school district may forego remediation and
17    seek dismissal in accordance with subsection (d) of
18    Section 24-12 or Section 34-85 of this Code.
19    Nothing in this Section or Section 24A-4 shall be
20construed as preventing immediate dismissal of a teacher for
21deficiencies which are deemed irremediable or for actions
22which are injurious to or endanger the health or person of
23students in the classroom or school, or preventing the
24dismissal or non-renewal of teachers not in contractual
25continued service for any reason not prohibited by applicable
26employment, labor, and civil rights laws. Failure to strictly



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1comply with the time requirements contained in Section 24A-5
2shall not invalidate the results of the remediation plan.
3    Nothing contained in this amendatory Act of the 98th
4General Assembly repeals, supersedes, invalidates, or
5nullifies final decisions in lawsuits pending on the effective
6date of this amendatory Act of the 98th General Assembly in
7Illinois courts involving the interpretation of Public Act
9    If the Governor has declared a disaster due to a public
10health emergency pursuant to Section 7 of the Illinois
11Emergency Management Agency Act that suspends in-person
12instruction, the timelines in this Section connected to the
13commencement and completion of any remediation plan are
14waived. Except if the parties mutually agree otherwise and the
15agreement is in writing, any remediation plan that had been in
16place for more than 45 days prior to the suspension of
17in-person instruction shall resume when in-person instruction
18resumes and any remediation plan that had been in place for
19fewer than 45 days prior to the suspension of in-person
20instruction shall be discontinued and a new remediation period
21shall begin when in-person instruction resumes. The
22requirements of this paragraph apply regardless of whether
23they are included in a school district's teacher evaluation
25(Source: P.A. 101-643, eff. 6-18-20.)



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1    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
2    Sec. 24A-7. Rules. The State Board of Education is
3authorized to adopt such rules as are deemed necessary to
4implement and accomplish the purposes and provisions of this
5Article, including, but not limited to, rules:
6        (1) (i) relating to the methods for measuring student
7    growth (including, but not limited to, limitations on the
8    age of usable useable data; the amount of data needed to
9    reliably and validly measure growth for the purpose of
10    teacher and principal evaluations; and whether and at what
11    time annual State assessments may be used as one of
12    multiple measures of student growth);
13        (2) , (ii) defining the term "significant factor" for
14    purposes of including consideration of student growth in
15    performance ratings;
16        (3) , (iii) controlling for such factors as student
17    characteristics (including, but not limited to, students
18    receiving special education and English Language Learner
19    services), student attendance, and student mobility so as
20    to best measure the impact that a teacher, principal,
21    school and school district has on students' academic
22    achievement;
23        (4) , (iv) establishing minimum requirements for
24    district teacher and principal evaluation instruments and
25    procedures; , and
26        (5) (v) establishing a model evaluation plan for use



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1    by school districts in which student growth shall comprise
2    50% of the performance rating.
3    Notwithstanding any other provision in this Section, such
4rules shall not preclude a school district having 500,000 or
5more inhabitants from using an annual State assessment as the
6sole measure of student growth for purposes of teacher or
7principal evaluations.
8    The State Superintendent of Education shall convene a
9Performance Evaluation Advisory Council, which shall be
10staffed by the State Board of Education. Members of the
11Council shall be selected by the State Superintendent and
12include, without limitation, representatives of teacher unions
13and school district management, persons with expertise in
14performance evaluation processes and systems, as well as other
15stakeholders. The Council shall meet at least quarterly, and
16may also meet at the call of the chairperson of the Council,
17following August 18, 2017 (the effective date of Public Act
18100-211) this amendatory Act of the 100th General Assembly
19until June 30, 2024 2021. The Council shall advise the State
20Board of Education on the ongoing implementation of
21performance evaluations in this State, which may include
22gathering public feedback, sharing best practices, consulting
23with the State Board on any proposed rule changes regarding
24evaluations, and other subjects as determined by the
25chairperson of the Council.
26    Prior to the applicable implementation date, these rules



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1shall not apply to teachers assigned to schools identified in
2an agreement entered into between the board of a school
3district operating under Article 34 of this Code and the
4exclusive representative of the district's teachers in
5accordance with Section 34-85c of this Code.
6(Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)
7    (105 ILCS 5/34-85c)
8    Sec. 34-85c. Alternative procedures for teacher
9evaluation, remediation, and removal for cause after
11    (a) Notwithstanding any law to the contrary, the board and
12the exclusive representative of the district's teachers are
13hereby authorized to enter into an agreement to establish
14alternative procedures for teacher evaluation, remediation,
15and removal for cause after remediation, including an
16alternative system for peer evaluation and recommendations;
17provided, however, that no later than September 1, 2012: (i)
18any alternative procedures must include provisions whereby
19student performance data is a significant factor in teacher
20evaluation and (ii) teachers are rated as "excellent",
21"proficient", "needs improvement" or "unsatisfactory".
22Pursuant exclusively to that agreement, teachers assigned to
23schools identified in that agreement shall be subject to an
24alternative performance evaluation plan and remediation
25procedures in lieu of the plan and procedures set forth in



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1Article 24A of this Code and alternative removal for cause
2standards and procedures in lieu of the removal standards and
3procedures set forth in Section 34-85 of this Code. To the
4extent that the agreement provides a teacher with an
5opportunity for a hearing on removal for cause before an
6independent hearing officer in accordance with Section 34-85
7or otherwise, the hearing officer shall be governed by the
8alternative performance evaluation plan, remediation
9procedures, and removal standards and procedures set forth in
10the agreement in making findings of fact and a recommendation.
11    (a-5) If the Governor has declared a disaster due to a
12public health emergency pursuant to Section 7 of the Illinois
13Emergency Management Agency Act that suspends in-person
14instruction, the timelines connected to the commencement and
15completion of any remediation plan are paused. Except where
16the parties mutually agree otherwise and such agreement is in
17writing, any remediation plan that had been in place for 45 or
18more days prior to the suspension of in-person instruction
19shall resume when in-person instruction resumes; any
20remediation plan that had been in place for fewer than 45 days
21prior to the suspension of in-person instruction shall
22discontinue and a new remediation period will begin when
23in-person instruction resumes.
24    (a-10) No later than September 1, 2022, the school
25district must establish a teacher evaluation plan that ensures
26that each teacher in contractual continued service whose



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1performance is rated as either "excellent" or "proficient" is
2evaluated at least once in the course of the 3 school years
3after receipt of the rating and establish an informal teacher
4observation plan that ensures that each teacher in contractual
5continued service whose performance is rated as either
6"excellent" or "proficient" is informally observed at least
7once in the course of the 2 school years after receipt of the
9    (b) The board and the exclusive representative of the
10district's teachers shall submit a certified copy of an
11agreement as provided under subsection (a) of this Section to
12the State Board of Education.
13(Source: P.A. 101-643, eff. 6-18-20.)