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


Sen. Julie A. Morrison

Filed: 5/5/2021





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2    AMENDMENT NO. ______. Amend House Bill 18 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 24A-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



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1this Section.
2    Each By no later than September 1, 2012, each school
3district shall establish a teacher evaluation plan that
4ensures that:
5        (1) each teacher not in contractual continued service
6    is evaluated at least once every school year; and
7        (2) except as otherwise provided in this Section, each
8    teacher in contractual continued service is evaluated at
9    least once in the course of every 2 school years. However,
10    any teacher in contractual continued service whose
11    performance is rated as either "needs improvement" or
12    "unsatisfactory" must be evaluated at least once in the
13    school year following the receipt of such rating.
14    No later than September 1, 2022, each school district must
15establish a teacher evaluation plan that ensures that each
16teacher in contractual continued service whose performance is
17rated as either "excellent" or "proficient" is evaluated at
18least once in the course of the 3 school years after receipt of
19the rating and implement an informal teacher observation plan
20established by agency rule and by agreement of the joint
21committee established under subsection (b) of Section 24A-4 of
22this Code that ensures that each teacher in contractual
23continued service whose performance is rated as either
24"excellent" or "proficient" is informally observed at least
25once in the course of the 2 school years after receipt of the



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1    Notwithstanding anything to the contrary in this Section
2or any other Section of the School Code, a principal shall not
3be prohibited from evaluating any teachers within a school
4during his or her first year as principal of such school. If a
5first-year principal exercises this option in a school
6district where the evaluation plan provides for a teacher in
7contractual continued service to be evaluated once in the
8course of every 2 or 3 school years, as applicable, then a new
92-year or 3-year evaluation plan must be established.
10    The evaluation plan shall comply with the requirements of
11this Section and of any rules adopted by the State Board of
12Education pursuant to this Section.
13    The plan shall include a description of each teacher's
14duties and responsibilities and of the standards to which that
15teacher is expected to conform, and shall include at least the
16following components:
17        (a) personal observation of the teacher in the
18    classroom by the evaluator, unless the teacher has no
19    classroom duties.
20        (b) consideration of the teacher's attendance,
21    planning, instructional methods, classroom management,
22    where relevant, and competency in the subject matter
23    taught.
24        (c) by no later than the applicable implementation
25    date, consideration of student growth as a significant
26    factor in the rating of the teacher's performance.



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



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1    evaluation rating a teacher in contractual continued
2    service as "unsatisfactory", development and commencement
3    by the district of a remediation plan designed to correct
4    deficiencies cited, provided the deficiencies are deemed
5    remediable. In all school districts the remediation plan
6    for unsatisfactory, tenured teachers shall provide for 90
7    school days of remediation within the classroom, unless an
8    applicable collective bargaining agreement provides for a
9    shorter duration. In all school districts evaluations
10    issued pursuant to this Section shall be issued within 10
11    days after the conclusion of the respective remediation
12    plan. However, the school board or other governing
13    authority of the district shall not lose jurisdiction to
14    discharge a teacher in the event the evaluation is not
15    issued within 10 days after the conclusion of the
16    respective remediation plan.
17        (j) participation in the remediation plan by the
18    teacher in contractual continued service rated
19    "unsatisfactory", an evaluator and a consulting teacher
20    selected by the evaluator of the teacher who was rated
21    "unsatisfactory", which consulting teacher is an
22    educational employee as defined in the Educational Labor
23    Relations Act, has at least 5 years' teaching experience,
24    and a reasonable familiarity with the assignment of the
25    teacher being evaluated, and who received an "excellent"
26    rating on his or her most recent evaluation. Where no



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1    teachers who meet these criteria are available within the
2    district, the district shall request and the applicable
3    regional office of education shall supply, to participate
4    in the remediation process, an individual who meets these
5    criteria.
6        In a district having a population of less than 500,000
7    with an exclusive bargaining agent, the bargaining agent
8    may, if it so chooses, supply a roster of qualified
9    teachers from whom the consulting teacher is to be
10    selected. That roster shall, however, contain the names of
11    at least 5 teachers, each of whom meets the criteria for
12    consulting teacher with regard to the teacher being
13    evaluated, or the names of all teachers so qualified if
14    that number is less than 5. In the event of a dispute as to
15    qualification, the State Board shall determine
16    qualification.
17        (k) a mid-point and final evaluation by an evaluator
18    during and at the end of the remediation period,
19    immediately following receipt of a remediation plan
20    provided for under subsections (i) and (j) of this
21    Section. Each evaluation shall assess the teacher's
22    performance during the time period since the prior
23    evaluation; provided that the last evaluation shall also
24    include an overall evaluation of the teacher's performance
25    during the remediation period. A written copy of the
26    evaluations and ratings, in which any deficiencies in



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1    performance and recommendations for correction are
2    identified, shall be provided to and discussed with the
3    teacher within 10 school days after the date of the
4    evaluation, unless an applicable collective bargaining
5    agreement provides to the contrary. These subsequent
6    evaluations shall be conducted by an evaluator. The
7    consulting teacher shall provide advice to the teacher
8    rated "unsatisfactory" on how to improve teaching skills
9    and to successfully complete the remediation plan. The
10    consulting teacher shall participate in developing the
11    remediation plan, but the final decision as to the
12    evaluation shall be done solely by the evaluator, unless
13    an applicable collective bargaining agreement provides to
14    the contrary. Evaluations at the conclusion of the
15    remediation process shall be separate and distinct from
16    the required annual evaluations of teachers and shall not
17    be subject to the guidelines and procedures relating to
18    those annual evaluations. The evaluator may but is not
19    required to use the forms provided for the annual
20    evaluation of teachers in the district's evaluation plan.
21        (l) reinstatement to the evaluation schedule set forth
22    in the district's evaluation plan for any teacher in
23    contractual continued service who achieves a rating equal
24    to or better than "satisfactory" or "proficient" in the
25    school year following a rating of "needs improvement" or
26    "unsatisfactory".



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1        (m) dismissal in accordance with subsection (d) of
2    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
3    any teacher who fails to complete any applicable
4    remediation plan with a rating equal to or better than a
5    "satisfactory" or "proficient" rating. Districts and
6    teachers subject to dismissal hearings are precluded from
7    compelling the testimony of consulting teachers at such
8    hearings under subsection (d) of Section 24-12 or Section
9    24-16.5 or 34-85 of this Code, either as to the rating
10    process or for opinions of performances by teachers under
11    remediation.
12        (n) After the implementation date of an evaluation
13    system for teachers in a district as specified in Section
14    24A-2.5 of this Code, if a teacher in contractual
15    continued service successfully completes a remediation
16    plan following a rating of "unsatisfactory" in an annual
17    or biennial overall performance evaluation received after
18    the foregoing implementation date and receives a
19    subsequent rating of "unsatisfactory" in any of the
20    teacher's annual or biennial overall performance
21    evaluation ratings received during the 36-month period
22    following the teacher's completion of the remediation
23    plan, then the school district may forego remediation and
24    seek dismissal in accordance with subsection (d) of
25    Section 24-12 or Section 34-85 of this Code.
26    Nothing in this Section or Section 24A-4 shall be



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1construed as preventing immediate dismissal of a teacher for
2deficiencies which are deemed irremediable or for actions
3which are injurious to or endanger the health or person of
4students in the classroom or school, or preventing the
5dismissal or non-renewal of teachers not in contractual
6continued service for any reason not prohibited by applicable
7employment, labor, and civil rights laws. Failure to strictly
8comply with the time requirements contained in Section 24A-5
9shall not invalidate the results of the remediation plan.
10    Nothing contained in this amendatory Act of the 98th
11General Assembly repeals, supersedes, invalidates, or
12nullifies final decisions in lawsuits pending on the effective
13date of this amendatory Act of the 98th General Assembly in
14Illinois courts involving the interpretation of Public Act
16    If the Governor has declared a disaster due to a public
17health emergency pursuant to Section 7 of the Illinois
18Emergency Management Agency Act that suspends in-person
19instruction, the timelines in this Section connected to the
20commencement and completion of any remediation plan are
21waived. Except if the parties mutually agree otherwise and the
22agreement is in writing, any remediation plan that had been in
23place for more than 45 days prior to the suspension of
24in-person instruction shall resume when in-person instruction
25resumes and any remediation plan that had been in place for
26fewer than 45 days prior to the suspension of in-person



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1instruction shall be discontinued and a new remediation period
2shall begin when in-person instruction resumes. The
3requirements of this paragraph apply regardless of whether
4they are included in a school district's teacher evaluation
6(Source: P.A. 101-643, eff. 6-18-20.)
7    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
8    Sec. 24A-7. Rules. The State Board of Education is
9authorized to adopt such rules as are deemed necessary to
10implement and accomplish the purposes and provisions of this
11Article, including, but not limited to, rules:
12        (1) (i) relating to the methods for measuring student
13    growth (including, but not limited to, limitations on the
14    age of usable useable data; the amount of data needed to
15    reliably and validly measure growth for the purpose of
16    teacher and principal evaluations; and whether and at what
17    time annual State assessments may be used as one of
18    multiple measures of student growth);
19        (2) , (ii) defining the term "significant factor" for
20    purposes of including consideration of student growth in
21    performance ratings;
22        (3) , (iii) controlling for such factors as student
23    characteristics (including, but not limited to, students
24    receiving special education and English Language Learner
25    services), student attendance, and student mobility so as



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1    to best measure the impact that a teacher, principal,
2    school and school district has on students' academic
3    achievement;
4        (4) , (iv) establishing minimum requirements for
5    district teacher and principal evaluation instruments and
6    procedures; , and
7        (5) (v) establishing a model evaluation plan for use
8    by school districts in which student growth shall comprise
9    50% of the performance rating.
10    Notwithstanding any other provision in this Section, such
11rules shall not preclude a school district having 500,000 or
12more inhabitants from using an annual State assessment as the
13sole measure of student growth for purposes of teacher or
14principal evaluations.
15    The State Superintendent of Education shall convene a
16Performance Evaluation Advisory Council, which shall be
17staffed by the State Board of Education. Members of the
18Council shall be selected by the State Superintendent and
19include, without limitation, representatives of teacher unions
20and school district management, persons with expertise in
21performance evaluation processes and systems, as well as other
22stakeholders. The Council shall meet at least quarterly, and
23may also meet at the call of the chairperson of the Council,
24following August 18, 2017 (the effective date of Public Act
25100-211) this amendatory Act of the 100th General Assembly
26until June 30, 2024 2021. The Council shall advise the State



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1Board of Education on the ongoing implementation of
2performance evaluations in this State, which may include
3gathering public feedback, sharing best practices, consulting
4with the State Board on any proposed rule changes regarding
5evaluations, and other subjects as determined by the
6chairperson of the Council.
7    Prior to the applicable implementation date, these rules
8shall 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(Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)
14    (105 ILCS 5/34-85c)
15    Sec. 34-85c. Alternative procedures for teacher
16evaluation, remediation, and removal for cause after
18    (a) Notwithstanding any law to the contrary, the board and
19the exclusive representative of the district's teachers are
20hereby authorized to enter into an agreement to establish
21alternative procedures for teacher evaluation, remediation,
22and removal for cause after remediation, including an
23alternative system for peer evaluation and recommendations;
24provided, however, that no later than September 1, 2012: (i)
25any alternative procedures must include provisions whereby



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1student performance data is a significant factor in teacher
2evaluation and (ii) teachers are rated as "excellent",
3"proficient", "needs improvement" or "unsatisfactory".
4Pursuant exclusively to that agreement, teachers assigned to
5schools identified in that agreement shall be subject to an
6alternative performance evaluation plan and remediation
7procedures in lieu of the plan and procedures set forth in
8Article 24A of this Code and alternative removal for cause
9standards and procedures in lieu of the removal standards and
10procedures set forth in Section 34-85 of this Code. To the
11extent that the agreement provides a teacher with an
12opportunity for a hearing on removal for cause before an
13independent hearing officer in accordance with Section 34-85
14or otherwise, the hearing officer shall be governed by the
15alternative performance evaluation plan, remediation
16procedures, and removal standards and procedures set forth in
17the agreement in making findings of fact and a recommendation.
18    (a-5) If the Governor has declared a disaster due to a
19public health emergency pursuant to Section 7 of the Illinois
20Emergency Management Agency Act that suspends in-person
21instruction, the timelines connected to the commencement and
22completion of any remediation plan are paused. Except where
23the parties mutually agree otherwise and such agreement is in
24writing, any remediation plan that had been in place for 45 or
25more days prior to the suspension of in-person instruction
26shall resume when in-person instruction resumes; any



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1remediation plan that had been in place for fewer than 45 days
2prior to the suspension of in-person instruction shall
3discontinue and a new remediation period will begin when
4in-person instruction resumes.
5    (a-10) No later than September 1, 2022, the school
6district must establish a teacher evaluation plan that ensures
7that each teacher in contractual continued service whose
8performance is rated as either "excellent" or "proficient" is
9evaluated at least once in the course of the 3 school years
10after receipt of the rating and establish an informal teacher
11observation plan that ensures that each teacher in contractual
12continued service whose performance is rated as either
13"excellent" or "proficient" is informally observed at least
14once in the course of the 2 school years after receipt of the
16    (b) The board and the exclusive representative of the
17district's teachers shall submit a certified copy of an
18agreement as provided under subsection (a) of this Section to
19the State Board of Education.
20(Source: P.A. 101-643, eff. 6-18-20.)".