Public Act 103-0617
SB0463 EnrolledLRB103 02914 RJT 47920 b SB0463 Enrolled LRB103 02914 RJT 47920 b
SB0463 Enrolled LRB103 02914 RJT 47920 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
21B-20, 24-11, and 24A-7 as follows:
(105 ILCS 5/21B-20)
Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an
educator license with stipulations; (iii) a substitute
teaching license; or (iv) until June 30, 2028, a short-term
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
SB0463 Enrolled LRB103 02914 RJT 47920 b
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including, without limitation,
children with learning disabilities, (iv) have
successfully completed coursework in methods of reading
and reading in the content area, and (v) have met all other
criteria established by rule of the State Board of
Education shall be issued a Professional Educator License.
All Professional Educator Licenses are valid until June 30
immediately following 5 years of the license being issued.
The Professional Educator License shall be endorsed with
specific areas and grade levels in which the individual is
eligible to practice. For an early childhood education
endorsement, an individual may satisfy the student
teaching requirement of his or her early childhood teacher
preparation program through placement in a setting with
children from birth through grade 2, and the individual
may be paid and receive credit while student teaching. The
student teaching experience must meet the requirements of
and be approved by the individual's early childhood
teacher preparation program.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area and passage of the applicable
content area test, unless otherwise specified by rule.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) (Blank).
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a content area test, as required
under Section 21B-30 of this Code.
The alternative provisional educator endorsement is
valid for 2 years of teaching and may be renewed for a
third year by an individual meeting the requirements set
forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a content area test required under
Section 21B-30 of this Code.
The endorsement is valid for 2 fiscal years in
order to complete one full year of serving as a
superintendent or assistant superintendent.
(D) (Blank).
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who
has a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and
has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's
degree may substitute teach in career and technical
education classrooms.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations is entitled to all of the rights and
privileges granted to a holder of a Professional
Educator License.
(F) (Blank).
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets
all of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12,
is valid until June 30 immediately following 5 years
of the endorsement being issued, and shall not be
renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an
individual who holds an Educator License with
Stipulations may also apply for a language
endorsement, provided that the applicant provides
satisfactory evidence that he or she meets all of the
following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) (Blank).
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator
endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of
the following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 5
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
(i) holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education; (ii) has passed a
paraprofessional competency test under subsection
(c-5) of Section 21B-30; or (iii) is at least 18 years
of age and will be using the Educator License with
Stipulations exclusively for grades prekindergarten
through grade 8, until the individual reaches the age
of 19 years and otherwise meets the criteria for a
paraprofessional educator endorsement pursuant to this
subparagraph (J). The paraprofessional educator
endorsement is valid until June 30 immediately
following 5 years of the endorsement being issued and
may be renewed through application and payment of the
appropriate fee, as required under Section 21B-40 of
this Code. An individual who holds only a
paraprofessional educator endorsement is not subject
to additional requirements in order to renew the
endorsement.
(K) Chief school business official. A chief school
business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school
business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including an applicable
content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including an applicable
content area test. This endorsement shall be required
for any individual employed as a chief school business
official.
The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business
official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288.
(L) Provisional in-state educator. A provisional
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed an applicable content area
test, as required by Section 21B-30 of this Code.
(iv) Has attempted an evidence-based
assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation
with the State Educator Preparation and Licensure
Board.
A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(M) (Blank).
(N) Specialized services. A specialized services
endorsement on an Educator License with Stipulations
may be issued as defined and specified by rule.
(O) Provisional career and technical educator. A
provisional career and technical educator endorsement
on an Educator License with Stipulations may be issued
to an applicant who has a minimum of 8,000 hours of
work experience in the skill for which the applicant
is seeking the endorsement. Each employing school
board and regional office of education shall provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available to teach and that actual
circumstances require such issuance.
A provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years
of the endorsement being issued and may be renewed.
An individual who holds a provisional career and
technical educator endorsement on an Educator License
with Stipulations may teach as a substitute teacher in
career and technical education classrooms.
An individual who holds a provisional career and
technical educator endorsement on an Educator License
with Stipulations is entitled to all of the rights and
privileges granted to a holder of a Professional
Educator License.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's
degree or higher from a regionally accredited institution
of higher education or must be enrolled in an approved
educator preparation program in this State and have earned
at least 90 credit hours.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked,
then that individual is not eligible to obtain a
Substitute Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a
district may employ a substitute teacher for no longer
than 30 calendar days per each vacant position in the
district if the district notifies the appropriate regional
office of education within 5 business days after the
employment of the substitute teacher in that vacant
position. A district may continue to employ that same
substitute teacher in that same vacant position for 90
calendar days or until the end of the semester, whichever
is greater, if, prior to the expiration of the
30-calendar-day period then current, the district files a
written request with the appropriate regional office of
education for a 30-calendar-day extension on the basis
that the position remains vacant and the district
continues to actively seek qualified candidates and
provides documentation that it has provided training
specific to the position, including training on meeting
the needs of students with disabilities and English
learners if applicable. Each extension request shall be
granted in writing by the regional office of education. An
emergency situation is one in which an unforeseen vacancy
has occurred and (i) a teacher is unexpectedly unable to
fulfill his or her contractual duties or (ii) teacher
capacity needs of the district exceed previous indications
or vacancies are unfilled due to a lack of qualified
candidates, and the district is actively engaged in
advertising to hire a fully licensed teacher for the
vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 120 days beginning with the 2021-2022 school year
through the 2022-2023 school year, otherwise 90 school
days for any one licensed teacher under contract in the
same school year. A substitute teacher who holds a
Professional Educator License or Educator License with
Stipulations shall not teach for more than 120 school days
for any one licensed teacher under contract in the same
school year. The limitations in this paragraph (3) on the
number of days a substitute teacher may be employed do not
apply to any school district operating under Article 34 of
this Code.
A school district may not require an individual who
holds a valid Professional Educator License or Educator
License with Stipulations to seek or hold a Substitute
Teaching License to teach as a substitute teacher.
(4) Short-Term Substitute Teaching License. Beginning
on July 1, 2018 and until June 30, 2028, applicants may
apply to the State Board of Education for issuance of a
Short-Term Substitute Teaching License. A Short-Term
Substitute Teaching License may be issued to a qualified
applicant for substitute teaching in all grades of the
public schools, prekindergarten through grade 12.
Short-Term Substitute Teaching Licenses are not eligible
for endorsements. Applicants for a Short-Term Substitute
Teaching License must hold an associate's degree or have
completed at least 60 credit hours from a regionally
accredited institution of higher education.
Short-Term Substitute Teaching Licenses are valid for
substitute teaching in every county of this State. If an
individual has had his or her Professional Educator
License or Educator License with Stipulations suspended or
revoked, then that individual is not eligible to obtain a
Short-Term Substitute Teaching License.
The provisions of Sections 10-21.9 and 34-18.5 of this
Code apply to short-term substitute teachers.
An individual holding a Short-Term Substitute Teaching
License may teach no more than 15 consecutive days per
licensed teacher who is under contract. For teacher
absences lasting 6 or more days per licensed teacher who
is under contract, a school district may not hire an
individual holding a Short-Term Substitute Teaching
License, unless the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act. An individual
holding a Short-Term Substitute Teaching License must
complete the training program under Section 10-20.67 or
34-18.60 of this Code to be eligible to teach at a public
school. Short-Term Substitute Teaching Licenses under this
Section are valid for 5 years.
(Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22;
102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
103-193, eff. 1-1-24; 103-564, eff. 11-17-23.)
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School
Inspectors - Contractual continued service.
(a) As used in this and the succeeding Sections of this
Article:
"Teacher" means any or all school district employees
regularly required to be licensed under laws relating to the
licensure of teachers.
"Board" means board of directors, board of education, or
board of school inspectors, as the case may be.
"School term" means that portion of the school year, July
1 to the following June 30, when school is in actual session.
"Program" means a program of a special education joint
agreement.
"Program of a special education joint agreement" means
instructional, consultative, supervisory, administrative,
diagnostic, and related services that are managed by a special
educational joint agreement designed to service 2 or more
school districts that are members of the joint agreement.
"PERA implementation date" means the implementation date
of an evaluation system for teachers as specified by Section
24A-2.5 of this Code for all schools within a school district
or all programs of a special education joint agreement.
(b) This Section and Sections 24-12 through 24-16 of this
Article apply only to school districts having less than
500,000 inhabitants.
(c) Any teacher who is first employed as a full-time
teacher in a school district or program prior to the PERA
implementation date and who is employed in that district or
program for a probationary period of 4 consecutive school
terms shall enter upon contractual continued service in the
district or in all of the programs that the teacher is legally
qualified to hold, unless the teacher is given written notice
of dismissal by certified mail, return receipt requested, by
the employing board at least 45 days before the end of any
school term within such period.
(d) For any teacher who is first employed as a full-time
teacher in a school district or program on or after the PERA
implementation date but before July 1, 2023, the probationary
period shall be one of the following periods, based upon the
teacher's school terms of service and performance, before the
teacher shall enter upon contractual continued service in the
district or in all of the programs that the teacher is legally
qualified to hold, unless the teacher is given written notice
of dismissal by certified mail, return receipt requested, by
the employing board on or before April 15:
(1) 4 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives overall annual
evaluation ratings of at least "Proficient" in the last
school term and at least "Proficient" in either the second
or third school terms;
(2) 3 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent"; or
(3) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent" service, but only if the
teacher (i) previously attained contractual continued
service in a different school district or program in this
State, (ii) voluntarily departed or was honorably
dismissed from that school district or program in the
school term immediately prior to the teacher's first
school term of service applicable to the attainment of
contractual continued service under this subdivision (3),
and (iii) received, in his or her 2 most recent overall
annual or biennial evaluations from the prior school
district or program, ratings of at least "Proficient",
with both such ratings occurring after the school
district's or program's PERA implementation date. For a
teacher to attain contractual continued service under this
subdivision (3), the teacher shall provide official copies
of his or her 2 most recent overall annual or biennial
evaluations from the prior school district or program to
the new school district or program within 60 days from the
teacher's first day of service with the new school
district or program. The prior school district or program
must provide the teacher with official copies of his or
her 2 most recent overall annual or biennial evaluations
within 14 days after the teacher's request. If a teacher
has requested such official copies prior to 45 days after
the teacher's first day of service with the new school
district or program and the teacher's prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3), then
the time period for the teacher to submit the official
copies to his or her new school district or program must be
extended until 14 days after receipt of such copies from
the prior school district or program. If the prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3) within
90 days from the teacher's first day of service with the
new school district or program, then the new school
district or program shall rely upon the teacher's own
copies of his or her evaluations for purposes of this
subdivision (3).
If the teacher does not receive overall annual evaluations
of "Excellent" in the school terms necessary for eligibility
to achieve accelerated contractual continued service in
subdivisions (2) and (3) of this subsection (d), the teacher
shall be eligible for contractual continued service pursuant
to subdivision (1) of this subsection (d). If, at the
conclusion of 4 consecutive school terms of service that count
toward attainment of contractual continued service, the
teacher's performance does not qualify the teacher for
contractual continued service under subdivision (1) of this
subsection (d), then the teacher shall not enter upon
contractual continued service and shall be dismissed. If a
performance evaluation is not conducted for any school term
when such evaluation is required to be conducted under Section
24A-5 of this Code, then the teacher's performance evaluation
rating for such school term for purposes of determining the
attainment of contractual continued service shall be deemed
"Proficient", except that, during any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, this default to "Proficient" does not
apply to any teacher who has entered into contractual
continued service and who was deemed "Excellent" on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed "Excellent", and whose performance evaluation is
not conducted when the evaluation is required to be conducted
shall receive a teacher's performance rating deemed
"Excellent". A school board and any exclusive bargaining
representative may mutually agree to an alternate performance
rating for teachers not in contractual continued service
during any time in which the Governor has declared a disaster
due to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, as long as the
agreement is in writing.
(d-5) For any teacher who is first employed as a full-time
teacher in a school district or program on or after July 1,
2023, the probationary period shall be one of the following
periods, based upon the teacher's school terms of service and
performance, before the teacher shall enter upon contractual
continued service in the district or in all of the programs
that the teacher is legally qualified to hold, unless the
teacher is given written notice of dismissal by certified
mail, return receipt requested, by the employing board on or
before April 15:
(1) 3 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives overall annual
evaluation ratings of at least "Proficient" in the second
and third school terms;
(2) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent"; or
(3) 2 consecutive school terms of service in which the
teacher holds a Professional Educator License, an Educator
License with Stipulations with a career and technical
educator endorsement, or an Educator License with
Stipulations with a provisional career and technical
educator endorsement and receives 2 overall annual
evaluations of "Excellent" service, but only if the
teacher (i) previously attained contractual continued
service in a different school district or program in this
State, (ii) voluntarily departed or was honorably
dismissed from that school district or program in the
school term immediately prior to the teacher's first
school term of service applicable to the attainment of
contractual continued service under this subdivision (3),
and (iii) received, in his or her 2 most recent overall
annual or biennial evaluations from the prior school
district or program, ratings of at least "Proficient",
with both such ratings occurring after the school
district's or program's PERA implementation date. For a
teacher to attain contractual continued service under this
subdivision (3), the teacher shall provide official copies
of his or her 2 most recent overall annual or biennial
evaluations from the prior school district or program to
the new school district or program within 60 days from the
teacher's first day of service with the new school
district or program. The prior school district or program
must provide the teacher with official copies of his or
her 2 most recent overall annual or biennial evaluations
within 14 days after the teacher's request. If a teacher
has requested such official copies prior to 45 days after
the teacher's first day of service with the new school
district or program and the teacher's prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3), then
the time period for the teacher to submit the official
copies to his or her new school district or program must be
extended until 14 days after receipt of such copies from
the prior school district or program. If the prior school
district or program fails to provide the teacher with the
official copies required under this subdivision (3) within
90 days from the teacher's first day of service with the
new school district or program, then the new school
district or program shall rely upon the teacher's own
copies of his or her evaluations for purposes of this
subdivision (3).
If the teacher does not receive overall annual evaluations
of "Excellent" in the school terms necessary for eligibility
to achieve accelerated contractual continued service in
subdivisions (2) and (3) of this subsection (d-5) (d), the
teacher shall be eligible for contractual continued service
pursuant to subdivision (1) of this subsection (d-5) (d). If,
at the conclusion of 3 consecutive school terms of service
that count toward attainment of contractual continued service,
the teacher's performance does not qualify the teacher for
contractual continued service under subdivision (1) of this
subsection (d-5) (d), then the teacher shall not enter upon
contractual continued service and shall be dismissed. If a
performance evaluation is not conducted for any school term
when such evaluation is required to be conducted under Section
24A-5 of this Code, then the teacher's performance evaluation
rating for such school term for purposes of determining the
attainment of contractual continued service shall be deemed
"Proficient", except that, during any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, this default to "Proficient" does not
apply to any teacher who has entered into contractual
continued service and who was deemed "Excellent" on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed "Excellent", and whose performance evaluation is
not conducted when the evaluation is required to be conducted
shall receive a teacher's performance rating deemed
"Excellent". A school board and any exclusive bargaining
representative may mutually agree to an alternate performance
rating for teachers not in contractual continued service
during any time in which the Governor has declared a disaster
due to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act, as long as the
agreement is in writing.
(e) For the purposes of determining contractual continued
service, a school term shall be counted only toward attainment
of contractual continued service if the teacher actually
teaches or is otherwise present and participating in the
district's or program's educational program for 120 days or
more, provided that the days of leave under the federal Family
Medical Leave Act that the teacher is required to take until
the end of the school term shall be considered days of teaching
or participation in the district's or program's educational
program. A school term that is not counted toward attainment
of contractual continued service shall not be considered a
break in service for purposes of determining whether a teacher
has been employed for consecutive school terms, provided that
the teacher actually teaches or is otherwise present and
participating in the district's or program's educational
program in the following school term.
(f) If the employing board determines to dismiss the
teacher in the last year of the probationary period as
provided in subsection (c) of this Section or subdivision (1)
or (2) of subsection (d) of this Section or subdivision (1) or
(2) of subsection (d-5) of this Section, but not subdivision
(3) of subsection (d) of this Section or subdivision (3) of
subsection (d-5) of this Section, the written notice of
dismissal provided by the employing board must contain
specific reasons for dismissal. Any full-time teacher who does
not receive written notice from the employing board on or
before April 15 as provided in this Section and whose
performance does not require dismissal after the fourth
probationary year pursuant to subsection (d) of this Section
or the third probationary year pursuant to subsection (d-5) of
this Section shall be re-employed for the following school
term.
(g) Contractual continued service shall continue in effect
the terms and provisions of the contract with the teacher
during the last school term of the probationary period,
subject to this Act and the lawful regulations of the
employing board. This Section and succeeding Sections do not
modify any existing power of the board except with respect to
the procedure of the discharge of a teacher and reductions in
salary as hereinafter provided. Contractual continued service
status shall not restrict the power of the board to transfer a
teacher to a position which the teacher is qualified to fill or
to make such salary adjustments as it deems desirable, but
unless reductions in salary are uniform or based upon some
reasonable classification, any teacher whose salary is reduced
shall be entitled to a notice and a hearing as hereinafter
provided in the case of certain dismissals or removals.
(h) If, by reason of any change in the boundaries of school
districts, by reason of a special education cooperative
reorganization or dissolution in accordance with Section
10-22.31 of this Code, or by reason of the creation of a new
school district, the position held by any teacher having a
contractual continued service status is transferred from one
board to the control of a new or different board, then the
contractual continued service status of the teacher is not
thereby lost, and such new or different board is subject to
this Code with respect to the teacher in the same manner as if
the teacher were its employee and had been its employee during
the time the teacher was actually employed by the board from
whose control the position was transferred.
(i) The employment of any teacher in a program of a special
education joint agreement established under Section 3-15.14,
10-22.31 or 10-22.31a shall be governed by this and succeeding
Sections of this Article. For purposes of attaining and
maintaining contractual continued service and computing length
of continuing service as referred to in this Section and
Section 24-12, employment in a special educational joint
program shall be deemed a continuation of all previous
licensed employment of such teacher for such joint agreement
whether the employer of the teacher was the joint agreement,
the regional superintendent, or one of the participating
districts in the joint agreement.
(j) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of a reduction in the number of
programs or positions in the joint agreement in which the
notice of dismissal is provided on or before the end of the
2010-2011 school term, the teacher in contractual continued
service is eligible for employment in the joint agreement
programs for which the teacher is legally qualified in order
of greater length of continuing service in the joint
agreement, unless an alternative method of determining the
sequence of dismissal is established in a collective
bargaining agreement. For any teacher employed after July 1,
1987 as a full-time teacher in a program of a special education
joint agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of a reduction in the number of
programs or positions in the joint agreement in which the
notice of dismissal is provided during the 2011-2012 school
term or a subsequent school term, the teacher shall be
included on the honorable dismissal lists of all joint
agreement programs for positions for which the teacher is
qualified and is eligible for employment in such programs in
accordance with subsections (b) and (c) of Section 24-12 of
this Code and the applicable honorable dismissal policies of
the joint agreement.
(k) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of the dissolution of a joint
agreement, in which the notice to teachers of the dissolution
is provided during the 2010-2011 school term, the teacher in
contractual continued service who is legally qualified shall
be assigned to any comparable position in a member district
currently held by a teacher who has not entered upon
contractual continued service or held by a teacher who has
entered upon contractual continued service with a shorter
length of contractual continued service. Any teacher employed
after July 1, 1987 as a full-time teacher in a program of a
special education joint agreement, whether the program is
operated by the joint agreement or a member district on behalf
of the joint agreement, in the event of the dissolution of a
joint agreement in which the notice to teachers of the
dissolution is provided during the 2011-2012 school term or a
subsequent school term, the teacher who is qualified shall be
included on the order of honorable dismissal lists of each
member district and shall be assigned to any comparable
position in any such district in accordance with subsections
(b) and (c) of Section 24-12 of this Code and the applicable
honorable dismissal policies of each member district.
(l) The governing board of the joint agreement, or the
administrative district, if so authorized by the articles of
agreement of the joint agreement, rather than the board of
education of a school district, may carry out employment and
termination actions including dismissals under this Section
and Section 24-12.
(m) The employment of any teacher in a special education
program authorized by Section 14-1.01 through 14-14.01, or a
joint educational program established under Section 10-22.31a,
shall be under this and the succeeding Sections of this
Article, and such employment shall be deemed a continuation of
the previous employment of such teacher in any of the
participating districts, regardless of the participation of
other districts in the program.
(n) Any teacher employed as a full-time teacher in a
special education program prior to September 23, 1987 in which
2 or more school districts participate for a probationary
period of 2 consecutive years shall enter upon contractual
continued service in each of the participating districts,
subject to this and the succeeding Sections of this Article,
and, notwithstanding Section 24-1.5 of this Code, in the event
of the termination of the program shall be eligible for any
vacant position in any of such districts for which such
teacher is qualified.
(Source: P.A. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22;
103-500, eff. 8-4-23.)
(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
Sec. 24A-7. Rules.
(a) The State Board of Education is authorized to adopt
such rules as are deemed necessary to implement and accomplish
the purposes and provisions of this Article, including, but
not limited to, rules:
(1) relating to the methods for measuring student
growth (including, but not limited to, limitations on the
age of usable data; the amount of data needed to reliably
and validly measure growth for the purpose of teacher and
principal evaluations; and whether and at what time annual
State assessments may be used as one of multiple measures
of student growth);
(2) defining the term "significant factor" for
purposes of including consideration of student growth in
performance ratings;
(3) controlling for such factors as student
characteristics (including, but not limited to, students
receiving special education and English Learner services),
student attendance, and student mobility so as to best
measure the impact that a teacher, principal, school and
school district has on students' academic achievement;
(4) establishing minimum requirements for district
teacher and principal evaluation instruments and
procedures; and
(5) establishing a model evaluation plan for use by
school districts in which student growth shall comprise
50% of the performance rating.
Notwithstanding any other provision in this Section, such
rules shall not preclude a school district having 500,000 or
more inhabitants from using an annual State assessment as the
sole measure of student growth for purposes of teacher or
principal evaluations.
(b) The State Superintendent of Education shall convene a
Performance Evaluation Advisory Council, which shall be
staffed by the State Board of Education. Members of the
Council shall be selected by the State Superintendent and
include, without limitation, representatives of teacher unions
and school district management, persons with expertise in
performance evaluation processes and systems, as well as other
stakeholders. The Council shall meet at least quarterly and
may also meet at the call of the chairperson of the Council,
following August 18, 2017 (the effective date of Public Act
100-211) until December 31 June 30, 2024. The Council shall
advise the State Board of Education on the ongoing
implementation of performance evaluations in this State, which
may include gathering public feedback, sharing best practices,
consulting with the State Board on any proposed rule changes
regarding evaluations, and other subjects as determined by the
chairperson of the Council.
(c) On July 1, 2024, the State Superintendent of Education
shall convene a Performance Evaluation Advisory Committee for
the purpose of maintaining and improving the evaluator
training and pre-qualification program in this State under
Section 24A-3. The Committee shall be staffed by the State
Board of Education. Members of the Committee shall include,
without limitation, representatives from providers of the
evaluator retraining and pre-qualification program in this
State, which include teacher unions, school district
management, including a school district organized under
Article 34, and a statewide organization representing regional
offices of education. Members of the Committee shall be
nominated by the providers and appointed by the State
Superintendent.
The Committee shall meet initially at the call of the
State Superintendent and shall select one member as
chairperson at its initial meeting. The Committee shall meet
at least quarterly and may also meet at the call of the
chairperson of the Committee.
The Committee shall advise the State Board of Education on
the continued implementation of the evaluator training and
pre-qualification program in this State, which may include the
development and delivery of the program's existing and new
administrators' academies, gathering feedback from program
instructors and participants, sharing best practices,
consulting with the State Board on any proposed rule changes
regarding evaluator training, and other subjects as determined
by the chairperson of the Committee.
(d) Prior to the applicable implementation date, the these
rules shall 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.
(Source: P.A. 102-252, eff. 1-1-22; 102-558, eff. 8-20-21.)