Illinois General Assembly - Full Text of HB4256
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Full Text of HB4256  102nd General Assembly


Sen. Julie A. Morrison

Filed: 3/17/2022





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2    AMENDMENT NO. ______. Amend House Bill 4256 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 24A-5 and 24A-15 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 school district shall establish a teacher evaluation
3plan that ensures that:
4        (1) each teacher not in contractual continued service
5    is evaluated at least once every school year; and
6        (2) except as otherwise provided in this Section, each
7    teacher in contractual continued service is evaluated at
8    least once in the course of every 2 school years. However,
9    any teacher in contractual continued service whose
10    performance is rated as either "needs improvement" or
11    "unsatisfactory" must be evaluated at least once in the
12    school year following the receipt of such rating.
13    No later than September 1, 2022, each school district must
14establish a teacher evaluation plan that ensures that each
15teacher in contractual continued service whose performance is
16rated as either "excellent" or "proficient" is evaluated at
17least once in the course of the 3 school years after receipt of
18the rating and implement an informal teacher observation plan
19established by agency rule and by agreement of the joint
20committee established under subsection (b) of Section 24A-4 of
21this Code that ensures that each teacher in contractual
22continued service whose performance is rated as either
23"excellent" or "proficient" is informally observed at least
24once in the course of the 2 school years after receipt of the
26    For the 2022-2023 school year only, if the Governor has



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1declared a disaster due to a public health emergency pursuant
2to Section 7 of the Illinois Emergency Management Agency Act,
3a school district may waive the evaluation requirement of any
4teacher in contractual continued service whose performance was
5rated as either "excellent" or "proficient" during the last
6school year in which the teacher was evaluated under this
8    Notwithstanding anything to the contrary in this Section
9or any other Section of this the School Code, a principal shall
10not be prohibited from evaluating any teachers within a school
11during his or her first year as principal of such school. If a
12first-year principal exercises this option in a school
13district where the evaluation plan provides for a teacher in
14contractual continued service to be evaluated once in the
15course of every 2 or 3 school years, as applicable, then a new
162-year or 3-year evaluation plan must be established.
17    The evaluation plan shall comply with the requirements of
18this Section and of any rules adopted by the State Board of
19Education pursuant to this Section.
20    The plan shall include a description of each teacher's
21duties and responsibilities and of the standards to which that
22teacher is expected to conform, and shall include at least the
23following components:
24        (a) personal observation of the teacher in the
25    classroom by the evaluator, unless the teacher has no
26    classroom duties.



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1        (b) consideration of the teacher's attendance,
2    planning, instructional methods, classroom management,
3    where relevant, and competency in the subject matter
4    taught.
5        (c) by no later than the applicable implementation
6    date, consideration of student growth as a significant
7    factor in the rating of the teacher's performance.
8        (d) prior to September 1, 2012, rating of the
9    performance of teachers in contractual continued service
10    as either:
11            (i) "excellent", "satisfactory" or
12        "unsatisfactory"; or
13            (ii) "excellent", "proficient", "needs
14        improvement" or "unsatisfactory".
15        (e) on and after September 1, 2012, rating of the
16    performance of all teachers as "excellent", "proficient",
17    "needs improvement" or "unsatisfactory".
18        (f) specification as to the teacher's strengths and
19    weaknesses, with supporting reasons for the comments made.
20        (g) inclusion of a copy of the evaluation in the
21    teacher's personnel file and provision of a copy to the
22    teacher.
23        (h) within 30 school days after the completion of an
24    evaluation rating a teacher in contractual continued
25    service as "needs improvement", development by the
26    evaluator, in consultation with the teacher, and taking



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1    into account the teacher's on-going professional
2    responsibilities including his or her regular teaching
3    assignments, of a professional development plan directed
4    to the areas that need improvement and any supports that
5    the district will provide to address the areas identified
6    as needing improvement.
7        (i) within 30 school days after completion of an
8    evaluation rating a teacher in contractual continued
9    service as "unsatisfactory", development and commencement
10    by the district of a remediation plan designed to correct
11    deficiencies cited, provided the deficiencies are deemed
12    remediable. In all school districts the remediation plan
13    for unsatisfactory, tenured teachers shall provide for 90
14    school days of remediation within the classroom, unless an
15    applicable collective bargaining agreement provides for a
16    shorter duration. In all school districts evaluations
17    issued pursuant to this Section shall be issued within 10
18    days after the conclusion of the respective remediation
19    plan. However, the school board or other governing
20    authority of the district shall not lose jurisdiction to
21    discharge a teacher in the event the evaluation is not
22    issued within 10 days after the conclusion of the
23    respective remediation plan.
24        (j) participation in the remediation plan by the
25    teacher in contractual continued service rated
26    "unsatisfactory", an evaluator and a consulting teacher



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1    selected by the evaluator of the teacher who was rated
2    "unsatisfactory", which consulting teacher is an
3    educational employee as defined in the Educational Labor
4    Relations Act, has at least 5 years' teaching experience,
5    and a reasonable familiarity with the assignment of the
6    teacher being evaluated, and who received an "excellent"
7    rating on his or her most recent evaluation. Where no
8    teachers who meet these criteria are available within the
9    district, the district shall request and the applicable
10    regional office of education shall supply, to participate
11    in the remediation process, an individual who meets these
12    criteria.
13        In a district having a population of less than 500,000
14    with an exclusive bargaining agent, the bargaining agent
15    may, if it so chooses, supply a roster of qualified
16    teachers from whom the consulting teacher is to be
17    selected. That roster shall, however, contain the names of
18    at least 5 teachers, each of whom meets the criteria for
19    consulting teacher with regard to the teacher being
20    evaluated, or the names of all teachers so qualified if
21    that number is less than 5. In the event of a dispute as to
22    qualification, the State Board shall determine
23    qualification.
24        (k) a mid-point and final evaluation by an evaluator
25    during and at the end of the remediation period,
26    immediately following receipt of a remediation plan



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1    provided for under subsections (i) and (j) of this
2    Section. Each evaluation shall assess the teacher's
3    performance during the time period since the prior
4    evaluation; provided that the last evaluation shall also
5    include an overall evaluation of the teacher's performance
6    during the remediation period. A written copy of the
7    evaluations and ratings, in which any deficiencies in
8    performance and recommendations for correction are
9    identified, shall be provided to and discussed with the
10    teacher within 10 school days after the date of the
11    evaluation, unless an applicable collective bargaining
12    agreement provides to the contrary. These subsequent
13    evaluations shall be conducted by an evaluator. The
14    consulting teacher shall provide advice to the teacher
15    rated "unsatisfactory" on how to improve teaching skills
16    and to successfully complete the remediation plan. The
17    consulting teacher shall participate in developing the
18    remediation plan, but the final decision as to the
19    evaluation shall be done solely by the evaluator, unless
20    an applicable collective bargaining agreement provides to
21    the contrary. Evaluations at the conclusion of the
22    remediation process shall be separate and distinct from
23    the required annual evaluations of teachers and shall not
24    be subject to the guidelines and procedures relating to
25    those annual evaluations. The evaluator may but is not
26    required to use the forms provided for the annual



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1    evaluation of teachers in the district's evaluation plan.
2        (l) reinstatement to the evaluation schedule set forth
3    in the district's evaluation plan for any teacher in
4    contractual continued service who achieves a rating equal
5    to or better than "satisfactory" or "proficient" in the
6    school year following a rating of "needs improvement" or
7    "unsatisfactory".
8        (m) dismissal in accordance with subsection (d) of
9    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
10    any teacher who fails to complete any applicable
11    remediation plan with a rating equal to or better than a
12    "satisfactory" or "proficient" rating. Districts and
13    teachers subject to dismissal hearings are precluded from
14    compelling the testimony of consulting teachers at such
15    hearings under subsection (d) of Section 24-12 or Section
16    24-16.5 or 34-85 of this Code, either as to the rating
17    process or for opinions of performances by teachers under
18    remediation.
19        (n) After the implementation date of an evaluation
20    system for teachers in a district as specified in Section
21    24A-2.5 of this Code, if a teacher in contractual
22    continued service successfully completes a remediation
23    plan following a rating of "unsatisfactory" in an overall
24    performance evaluation received after the foregoing
25    implementation date and receives a subsequent rating of
26    "unsatisfactory" in any of the teacher's overall



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1    performance evaluation ratings received during the
2    36-month period following the teacher's completion of the
3    remediation plan, then the school district may forego
4    remediation and seek dismissal in accordance with
5    subsection (d) of Section 24-12 or Section 34-85 of this
6    Code.
7    Nothing in this Section or Section 24A-4 shall be
8construed as preventing immediate dismissal of a teacher for
9deficiencies which are deemed irremediable or for actions
10which are injurious to or endanger the health or person of
11students in the classroom or school, or preventing the
12dismissal or non-renewal of teachers not in contractual
13continued service for any reason not prohibited by applicable
14employment, labor, and civil rights laws. Failure to strictly
15comply with the time requirements contained in Section 24A-5
16shall not invalidate the results of the remediation plan.
17    Nothing contained in this amendatory Act of the 98th
18General Assembly repeals, supersedes, invalidates, or
19nullifies final decisions in lawsuits pending on the effective
20date of this amendatory Act of the 98th General Assembly in
21Illinois courts involving the interpretation of Public Act
23    If the Governor has declared a disaster due to a public
24health emergency pursuant to Section 7 of the Illinois
25Emergency Management Agency Act that suspends in-person
26instruction, the timelines in this Section connected to the



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1commencement and completion of any remediation plan are
2waived. Except if the parties mutually agree otherwise and the
3agreement is in writing, any remediation plan that had been in
4place for more than 45 days prior to the suspension of
5in-person instruction shall resume when in-person instruction
6resumes and any remediation plan that had been in place for
7fewer than 45 days prior to the suspension of in-person
8instruction shall be discontinued and a new remediation period
9shall begin when in-person instruction resumes. The
10requirements of this paragraph apply regardless of whether
11they are included in a school district's teacher evaluation
13(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22.)
14    (105 ILCS 5/24A-15)
15    Sec. 24A-15. Development of evaluation plan for principals
16and assistant principals.
17    (a) Each school district, except for a school district
18organized under Article 34 of this Code, shall establish a
19principal and assistant principal evaluation plan in
20accordance with this Section. The plan must ensure that each
21principal and assistant principal is evaluated as follows:
22        (1) For a principal or assistant principal on a
23    single-year contract, the evaluation must take place by
24    March 1 of each year.
25        (2) For a principal or assistant principal on a



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1    multi-year contract under Section 10-23.8a of this Code,
2    the evaluation must take place by March 1 of the final year
3    of the contract.
4    On and after September 1, 2012, the plan must:
5        (i) rate the principal's or assistant principal's
6    performance as "excellent", "proficient", "needs
7    improvement" or "unsatisfactory"; and
8        (ii) ensure that each principal and assistant
9    principal is evaluated at least once every school year.
10    Nothing in this Section prohibits a school district from
11conducting additional evaluations of principals and assistant
13    For the 2022-2023 school year only, if the Governor has
14declared a disaster due to a public health emergency pursuant
15to Section 7 of the Illinois Emergency Management Agency Act,
16a school district may waive the evaluation requirement of any
17principal or assistant principal whose performance was rated
18as either "excellent" or "proficient" during the last school
19year in which the principal or assistant principal was
20evaluated under this Section.
21    (b) The evaluation shall include a description of the
22principal's or assistant principal's duties and
23responsibilities and the standards to which the principal or
24assistant principal is expected to conform.
25    (c) The evaluation for a principal must be performed by
26the district superintendent, the superintendent's designee,



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1or, in the absence of the superintendent or his or her
2designee, an individual appointed by the school board who
3holds a registered Type 75 State administrative certificate.
4    Prior to September 1, 2012, the evaluation must be in
5writing and must at least do all of the following:
6        (1) Consider the principal's specific duties,
7    responsibilities, management, and competence as a
8    principal.
9        (2) Specify the principal's strengths and weaknesses,
10    with supporting reasons.
11        (3) Align with research-based standards established by
12    administrative rule.
13    On and after September 1, 2012, the evaluation must, in
14addition to the requirements in items (1), (2), and (3) of this
15subsection (c), provide for the use of data and indicators on
16student growth as a significant factor in rating performance.
17    (c-5) The evaluation of an assistant principal must be
18performed by the principal, the district superintendent, the
19superintendent's designee, or, in the absence of the
20superintendent or his or her designee, an individual appointed
21by the school board who holds a registered Type 75 State
22administrative certificate. The evaluation must be in writing
23and must at least do all of the following:
24        (1) Consider the assistant principal's specific
25    duties, responsibilities, management, and competence as an
26    assistant principal.



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1        (2) Specify the assistant principal's strengths and
2    weaknesses with supporting reasons.
3        (3) Align with the Illinois Professional Standards for
4    School Leaders or research-based district standards.
5    On and after September 1, 2012, the evaluation must, in
6addition to the requirements in items (1), (2), and (3) of this
7subsection (c-5), provide for the use of data and indicators
8on student growth as a significant factor in rating
10    (d) One copy of the evaluation must be included in the
11principal's or assistant principal's personnel file and one
12copy of the evaluation must be provided to the principal or
13assistant principal.
14    (e) Failure by a district to evaluate a principal or
15assistant principal and to provide the principal or assistant
16principal with a copy of the evaluation at least once during
17the term of the principal's or assistant principal's contract,
18in accordance with this Section, is evidence that the
19principal or assistant principal is performing duties and
20responsibilities in at least a satisfactory manner and shall
21serve to automatically extend the principal's or assistant
22principal's contract for a period of one year after the
23contract would otherwise expire, under the same terms and
24conditions as the prior year's contract. The requirements in
25this Section are in addition to the right of a school board to
26reclassify a principal or assistant principal pursuant to



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1Section 10-23.8b of this Code.
2    (f) Nothing in this Section prohibits a school board from
3ordering lateral transfers of principals or assistant
4principals to positions of similar rank and salary.
5(Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".