Illinois General Assembly - Full Text of SB1351
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Full Text of SB1351  103rd General Assembly


Sen. Kimberly A. Lightford

Filed: 3/7/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1351 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 24A-5 and 34-84 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 all
4teachers in contractual continued service whose performances
5were rated as either "excellent" or "proficient" during the
6last school year in which the teachers were evaluated under
7this Section.
8    Notwithstanding anything to the contrary in this Section
9or any other Section of this Code, a principal shall not be
10prohibited from evaluating any teachers within a school during
11his 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        (o) Teachers who are due to be evaluated in the last
8    year before they are set to retire shall be offered the
9    opportunity to waive their evaluation and to retain their
10    most recent rating, unless the teacher was last rated as
11    "needs improvement" or "unsatisfactory". The school
12    district may still reserve the right to evaluate a teacher
13    provided the district gives notice to the teacher at least
14    14 days before the evaluation and a reason for evaluating
15    the teacher.
16    Nothing in this Section or Section 24A-4 shall be
17construed as preventing immediate dismissal of a teacher for
18deficiencies which are deemed irremediable or for actions
19which are injurious to or endanger the health or person of
20students in the classroom or school, or preventing the
21dismissal or non-renewal of teachers not in contractual
22continued service for any reason not prohibited by applicable
23employment, labor, and civil rights laws. Failure to strictly
24comply with the time requirements contained in Section 24A-5
25shall not invalidate the results of the remediation plan.
26    Nothing contained in this amendatory Act of the 98th



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1General Assembly repeals, supersedes, invalidates, or
2nullifies final decisions in lawsuits pending on the effective
3date of this amendatory Act of the 98th General Assembly in
4Illinois courts involving the interpretation of Public Act
6    If the Governor has declared a disaster due to a public
7health emergency pursuant to Section 7 of the Illinois
8Emergency Management Agency Act that suspends in-person
9instruction, the timelines in this Section connected to the
10commencement and completion of any remediation plan are
11waived. Except if the parties mutually agree otherwise and the
12agreement is in writing, any remediation plan that had been in
13place for more than 45 days prior to the suspension of
14in-person instruction shall resume when in-person instruction
15resumes and any remediation plan that had been in place for
16fewer than 45 days prior to the suspension of in-person
17instruction shall be discontinued and a new remediation period
18shall begin when in-person instruction resumes. The
19requirements of this paragraph apply regardless of whether
20they are included in a school district's teacher evaluation
22(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22;
23102-729, eff. 5-6-22.)
24    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
25    Sec. 34-84. Appointments and promotions of teachers.



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1Appointments and promotions of teachers shall be made for
2merit only, and after satisfactory service for a probationary
3period of 3 years with respect to probationary employees
4employed as full-time teachers in the public school system of
5the district before January 1, 1998 and 4 years with respect to
6probationary employees who are first employed as full-time
7teachers in the public school system of the district on or
8after January 1, 1998, during which period the board may
9dismiss or discharge any such probationary employee upon the
10recommendation, accompanied by the written reasons therefor,
11of the general superintendent of schools and after which
12period appointments of teachers shall become permanent,
13subject to removal for cause in the manner provided by Section
15    For a probationary-appointed teacher in full-time service
16who is appointed on or after July 1, 2013 and who receives
17ratings of "excellent" during his or her first 3 school terms
18of full-time service, the probationary period shall be 3
19school terms of full-time service. For a
20probationary-appointed teacher in full-time service who is
21appointed on or after July 1, 2013 and who had previously
22entered into contractual continued service in another school
23district in this State or a program of a special education
24joint agreement in this State, as defined in Section 24-11 of
25this Code, the probationary period shall be 2 school terms of
26full-time service, provided that (i) the teacher voluntarily



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1resigned or was honorably dismissed from the prior district or
2program within the 3-month period preceding his or her
3appointment date, (ii) the teacher's last 2 ratings in the
4prior district or program were at least "proficient" and were
5issued after the prior district's or program's PERA
6implementation date, as defined in Section 24-11 of this Code,
7and (iii) the teacher receives ratings of "excellent" during
8his or her first 2 school terms of full-time service.
9    For a probationary-appointed teacher in full-time service
10who is appointed on or after July 1, 2013 and who has not
11entered into contractual continued service after 2 or 3 school
12terms of full-time service as provided in this Section, the
13probationary period shall be 4 school terms of full-time
14service, provided that the teacher receives a rating of at
15least "proficient" in the last school term and a rating of at
16least "proficient" in either the second or third school term.
17    As used in this Section, "school term" means the school
18term established by the board pursuant to Section 10-19 of
19this Code, and "full-time service" means the teacher has
20actually worked at least 150 days during the school term. As
21used in this Article, "teachers" means and includes all
22members of the teaching force excluding the general
23superintendent and principals.
24    There shall be no reduction in teachers because of a
25decrease in student membership or a change in subject
26requirements within the attendance center organization after



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1the 20th day following the first day of the school year, except
2that: (1) this provision shall not apply to desegregation
3positions, special education positions, or any other positions
4funded by State or federal categorical funds, and (2) at
5attendance centers maintaining any of grades 9 through 12,
6there may be a second reduction in teachers on the first day of
7the second semester of the regular school term because of a
8decrease in student membership or a change in subject
9requirements within the attendance center organization.
10    Teachers who are due to be evaluated in the last year
11before they are set to retire shall be offered the opportunity
12to waive their evaluation and to retain their most recent
13rating, unless the teacher was last rated as "needs
14improvement" or "unsatisfactory". The school district may
15still reserve the right to evaluate a teacher provided the
16district gives notice to the teacher at least 14 days before
17the evaluation and a reason for evaluating the teacher.
18    The school principal shall make the decision in selecting
19teachers to fill new and vacant positions consistent with
20Section 34-8.1.
21(Source: P.A. 97-8, eff. 6-13-11.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".