Public Act 103-0085
 
SB1351 EnrolledLRB103 25980 RJT 52334 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The School Code is amended  by changing Sections 
24A-5 and 34-84 as follows:
 
    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
    Sec. 24A-5. Content of evaluation plans.  This Section 
does not apply to teachers assigned to schools identified in 
an agreement entered into between the board of a school 
district operating under Article 34 of this Code and the 
exclusive representative of the district's teachers in 
accordance with Section 34-85c of this Code.

    Each school district to
which this Article applies shall 
establish a teacher evaluation plan
which ensures that each 
teacher in contractual continued service
is evaluated at least 
once in the course of every 2 or 3 school years as provided in 
this Section.
    Each school district shall establish a teacher evaluation 
plan that ensures that:
        (1) each teacher not in contractual continued service 
    is evaluated at least once every school year; and
        (2) except as otherwise provided in this Section, each 
    teacher in contractual continued service is evaluated at 
    least once in the course of every 2 school years.  However, 
    any teacher in contractual continued service whose 
    performance is rated as either "needs improvement" or 
    "unsatisfactory" must be evaluated at least once in the 
    school year following the receipt of such rating.
    No later than September 1, 2022, each school district must 
establish a teacher evaluation plan that ensures that each 
teacher in contractual continued service whose performance is 
rated as either "excellent" or "proficient" is evaluated at 
least once in the course of the 3 school years after receipt of 
the rating and implement an informal teacher observation plan 
established by agency rule and by agreement of the joint 
committee established under subsection (b) of Section 24A-4 of 
this Code that ensures that each teacher in contractual 
continued service whose performance is rated as either 
"excellent" or "proficient" is informally observed at least 
once in the course of the 2 school years after receipt of the 
rating. 
    For the 2022-2023 school year only, if the Governor has 
declared a disaster due to a public health emergency pursuant 
to Section 7 of the Illinois Emergency Management Agency Act, 
a school district may waive the evaluation requirement of  all 
teachers in contractual continued service whose performances 
were rated as either "excellent" or "proficient" during the 
last school year in which the teachers were evaluated under 
this Section.
    Notwithstanding anything to the contrary in this Section 
or any other Section of this Code, a principal shall not be 
prohibited from evaluating any teachers within a school during 
his or her first year as principal of such school. If a 
first-year principal exercises this option in a school 
district where the evaluation plan provides for a teacher in 
contractual continued service to be evaluated once in the 
course of every 2 or 3 school years, as applicable, then a new 
2-year or 3-year evaluation plan must be established. 
    The evaluation plan shall comply with the requirements of 
this Section and
of any rules adopted by the State Board of 
Education pursuant to this Section.
    The plan shall include a description of each teacher's 
duties
and responsibilities and of the standards to which that 
teacher
is expected to conform, and shall include at least the 
following components:
        (a) personal observation of the teacher in the 
    classroom by the evaluator, unless
the teacher has no 
    classroom duties.
        (b) consideration of the teacher's attendance, 
    planning,
instructional methods, classroom management, 
    where relevant, and
competency in the subject matter 
    taught.
        (c)  by no later than the applicable implementation 
    date, consideration of student growth as a significant 
    factor in the rating of the teacher's performance.
        (d) prior to September 1, 2012, rating of the 
    performance of teachers in contractual continued service 
    as either: 
            (i) "excellent",
"satisfactory" or 
        "unsatisfactory"; or
            (ii) "excellent", "proficient", "needs 
        improvement" or "unsatisfactory".
        (e) on and after September 1, 2012, rating of the 
    performance of all teachers as "excellent", "proficient", 
    "needs improvement" or "unsatisfactory".
        (f) specification as to the teacher's strengths and 
    weaknesses, with
supporting reasons for the comments made.
        (g) inclusion of a copy of the evaluation in the 
    teacher's personnel
file and provision of a copy to the 
    teacher.
        (h) within 30 school days after the completion of an 
    evaluation rating a teacher in contractual continued 
    service as "needs improvement", development by the 
    evaluator, in consultation with the teacher, and taking 
    into account the teacher's on-going professional 
    responsibilities including his or her regular teaching 
    assignments, of a professional development plan directed 
    to the areas that need improvement and any supports that 
    the district will provide to address the areas identified 
    as needing improvement.
        (i) within 30 school days after completion of an 
    evaluation rating a teacher
in contractual continued 
    service as "unsatisfactory", development and commencement 
    by the district of a remediation plan designed to correct 
    deficiencies
cited, provided the deficiencies are deemed 
    remediable.
In all school districts the
remediation plan 
    for unsatisfactory, tenured teachers shall
provide for 90 
    school days of remediation within the
classroom, unless an 
    applicable collective bargaining agreement provides for a 
    shorter duration.   In all school districts evaluations 
    issued pursuant
to
this Section shall be
issued within 10 
    days after the conclusion of the respective remediation 
    plan.
However, the school board or other governing 
    authority of the district
shall not lose
jurisdiction to 
    discharge a teacher in the event the evaluation is not 
    issued
within 10 days after the conclusion of the 
    respective remediation plan.
        (j) participation in the remediation plan by the 
    teacher in contractual continued service rated

    "unsatisfactory", an evaluator and a consulting teacher 
    selected by the evaluator of the teacher who was rated 
    "unsatisfactory", which
consulting teacher is an 
    educational employee as defined in the Educational
Labor 
    Relations Act, has at least 5 years' teaching experience, 
    and a
reasonable familiarity with the assignment of the 
    teacher being evaluated,
and who received an "excellent" 
    rating on his or her most
recent evaluation.  Where no 
    teachers who meet these criteria are available
within the 
    district, the district shall request and the applicable 
    regional office of education shall supply, to participate 
    in the remediation process, an
individual who meets these 
    criteria.
        In a district having a population of less than 500,000 
    with an
exclusive bargaining agent, the bargaining agent

    may, if it so chooses, supply a roster of qualified 
    teachers from whom the
consulting teacher is to be 
    selected.  That roster shall, however, contain
the names of 
    at least 5 teachers, each of whom meets the criteria for

    consulting teacher with regard to the teacher being 
    evaluated, or the names
of all teachers so qualified if 
    that number is less than 5.  In the event of
a dispute as to 
    qualification, the State Board shall determine 
    qualification.
        (k) a mid-point and final evaluation by an evaluator 
    during and at the end of the remediation period, 
    immediately following receipt of a remediation plan 
    provided for under subsections (i) and (j) of this 
    Section.  Each evaluation shall assess the teacher's 
    performance during the time period since the prior 
    evaluation; provided that the last evaluation shall also 
    include an overall evaluation of the teacher's performance 
    during the remediation period.  A written copy of the 
    evaluations and ratings, in which any deficiencies in 
    performance and recommendations for correction are 
    identified, shall be provided to and discussed with the 
    teacher within 10 school days after the date of the 
    evaluation, unless an applicable collective bargaining 
    agreement provides to the contrary. These subsequent 
    evaluations
shall be conducted by an evaluator.  The 
    consulting
teacher shall provide advice to the teacher 
    rated "unsatisfactory" on how
to improve teaching skills 
    and to successfully complete the remediation
plan.  The 
    consulting teacher shall participate in developing the

    remediation plan, but the final decision as to the 
    evaluation shall be done
solely by the evaluator,
unless 
    an applicable collective bargaining agreement provides to 
    the contrary.
  Evaluations at the
conclusion of the 
    remediation process shall be separate and distinct from 
    the
required annual evaluations of teachers and shall not 
    be subject to the
guidelines and procedures relating to 
    those annual evaluations.  The evaluator
may but is not 
    required to use the forms provided for the annual 
    evaluation of
teachers in the district's evaluation plan.
        (l)
reinstatement to the evaluation schedule set forth 
    in the district's evaluation plan for any teacher in 
    contractual continued service
who achieves a rating equal 
    to or better than "satisfactory" or "proficient"  in the 
    school year following a rating of "needs improvement" or 
    "unsatisfactory".
        (m) dismissal in accordance with subsection (d) of 
    Section 24-12 or Section 24-16.5 or 34-85 of this
Code  of 
    any teacher who fails to complete any applicable 
    remediation plan
with a rating equal to or better than a 
    "satisfactory" or "proficient" rating.  Districts and 
    teachers subject to
dismissal hearings are precluded from 
    compelling the testimony of
consulting teachers at such 
    hearings under subsection (d) of Section 24-12 or Section 
    24-16.5 or 34-85 of this Code, either
as to the rating 
    process or for opinions of performances by teachers under

    remediation.
        (n) After the implementation date of an evaluation 
    system for teachers in a district as specified in Section 
    24A-2.5 of this Code, if a teacher in contractual 
    continued service successfully completes a remediation 
    plan following a rating of "unsatisfactory" in an overall 
    performance evaluation received after the foregoing 
    implementation date and receives a subsequent rating of 
    "unsatisfactory" in any of the teacher's overall 
    performance evaluation ratings received during the 
    36-month period following the teacher's completion of the 
    remediation plan, then the school district may forego 
    remediation and seek dismissal in accordance with 
    subsection (d) of  Section 24-12  or Section 34-85 of this 
    Code. 
        (o) Teachers who are due to be evaluated in the last 
    year before they are set to retire shall be offered the 
    opportunity to waive their evaluation and to retain their 
    most recent rating, unless the teacher was last rated as  
    "needs improvement" or "unsatisfactory". The school 
    district may still reserve the right to evaluate a teacher 
    provided the district gives notice to the teacher at least 
    14 days before the evaluation and a reason for evaluating 
    the teacher. 
    Nothing in this Section or Section 24A-4 shall be 
construed as preventing immediate
dismissal of a teacher for 
deficiencies which are
deemed irremediable or for actions 
which are injurious to or endanger the
health or person of 
students in the classroom or school, or preventing the 
dismissal or non-renewal of teachers not in contractual 
continued service for any reason not prohibited by applicable 
employment, labor, and civil rights laws. Failure to
strictly 
comply with the time requirements contained in Section 24A-5 
shall
not invalidate the results of the remediation plan.
    Nothing contained in this amendatory Act of the 98th 
General Assembly repeals, supersedes, invalidates, or 
nullifies final decisions in lawsuits pending on the effective 
date of this amendatory Act of the 98th General Assembly in 
Illinois courts involving the interpretation of Public Act 
97-8. 
    If the Governor has declared a disaster due to a public 
health emergency pursuant to Section 7 of the Illinois 
Emergency Management Agency Act that suspends in-person 
instruction, the timelines in this Section connected to the 
commencement and completion of any remediation plan are 
waived.  Except if the parties mutually agree otherwise and the 
agreement is in writing, any remediation plan that had been in 
place for more than 45 days prior to the suspension of 
in-person instruction shall resume when in-person instruction 
resumes and any remediation plan that had been in place for 
fewer than 45 days prior to the suspension of in-person 
instruction shall be discontinued and a new remediation period 
shall begin when in-person instruction resumes.  The 
requirements of this paragraph apply regardless of whether 
they are included in a school district's teacher evaluation 
plan. 
(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22; 
102-729, eff. 5-6-22.)
 



    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)



    Sec. 34-84. Appointments and promotions of teachers. 
Appointments and
promotions of teachers shall be made for 
merit
only, and after satisfactory service for a probationary 
period of 3 years
with respect to probationary employees 
employed as full-time teachers in the
public school system of 
the district before January 1, 1998 and 4 years with
respect to 
probationary employees who are first employed as full-time 
teachers
in the public school system of the district on or 
after January 1, 1998,
during which period the board may 
dismiss or discharge any
such probationary employee upon the 
recommendation, accompanied by the
written reasons therefor, 
of the general superintendent of schools and after which 
period
appointments of teachers shall become permanent, 
subject to removal for cause
in the manner provided by Section 
34-85.

    For a probationary-appointed teacher in full-time service 
who is appointed on or after July 1, 2013 and who receives 
ratings of "excellent" during his or her first 3 school terms 
of full-time service, the probationary period shall be 3 
school terms of full-time service.
For a 
probationary-appointed teacher in full-time service who is 
appointed on or after July 1, 2013 and who had previously 
entered into contractual continued service in another school 
district in this State or a program of a special education 
joint agreement in this State, as defined in Section 24-11 of 
this Code, the probationary period shall be 2 school terms of 
full-time service, provided that (i) the teacher voluntarily 
resigned or was honorably dismissed from the prior district or 
program within the 3-month period preceding his or her 
appointment date, (ii) the teacher's last 2 ratings in the 
prior district or program were at least "proficient" and were 
issued after the prior district's or program's PERA 
implementation date, as defined in Section 24-11 of this Code, 
and (iii) the teacher receives ratings of "excellent" during 
his or her first 2 school terms of full-time service.
    For a probationary-appointed teacher in full-time service 
who is appointed on or after July 1, 2013 and who has not 
entered into contractual continued service after 2 or 3 school 
terms of full-time service as provided in this Section, the 
probationary period shall be 4 school terms of full-time 
service, provided that the teacher receives a rating of at 
least "proficient" in the last school term and a rating of at 
least "proficient" in either the second or third school term. 
    As used in this Section, "school term" means the school 
term established by the board pursuant to Section 10-19 of 
this Code, and "full-time service" means the teacher has 
actually worked at least 150 days during the school term. As 
used in this Article, "teachers" means and includes all 
members of
the teaching force excluding the general 
superintendent and principals.
    There shall be no reduction in teachers because of a 
decrease in
student membership or a change in subject 
requirements within the
attendance center organization after 
the 20th day following the first day
of the school year, except 
that:  (1) this provision shall not apply to
desegregation 
positions, special education positions, or any other positions

funded by State or federal categorical funds, and (2) at 
attendance centers
maintaining any of grades 9 through 12, 
there may be a second reduction in
teachers on the first day of 
the second semester of the regular school
term because of a 
decrease in student membership or a change in subject

requirements within the attendance center organization.

    Teachers who are due to be evaluated in the last year 
before they are set to retire shall be offered the opportunity 
to waive their evaluation and to retain their most recent 
rating, unless the teacher was last rated as  "needs 
improvement" or "unsatisfactory". The school district may 
still reserve the right to evaluate a teacher provided the 
district gives notice to the teacher at least 14 days before 
the evaluation and a reason for evaluating the teacher. 
    The school principal shall make the decision
in selecting 
teachers to fill new and vacant positions consistent with

Section 34-8.1.

(Source: P.A. 97-8, eff. 6-13-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.