Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1351 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0085
2	1		SB1351 EnrolledLRB103 25980 RJT 52334 b SB1351 Enrolled LRB103 25980 RJT 52334 b
3	2		SB1351 Enrolled LRB103 25980 RJT 52334 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Sections
8		-	24A-5 and 34-84 as follows:
9		-	(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
10		-	Sec. 24A-5. Content of evaluation plans. This Section
11		-	does not apply to teachers assigned to schools identified in
12		-	an agreement entered into between the board of a school
13		-	district operating under Article 34 of this Code and the
14		-	exclusive representative of the district's teachers in
15		-	accordance with Section 34-85c of this Code.
16		-	Each school district to which this Article applies shall
17		-	establish a teacher evaluation plan which ensures that each
18		-	teacher in contractual continued service is evaluated at least
19		-	once in the course of every 2 or 3 school years as provided in
20		-	this Section.
21		-	Each school district shall establish a teacher evaluation
22		-	plan that ensures that:
23		-	(1) each teacher not in contractual continued service
24		-	is evaluated at least once every school year; and
25		-	(2) except as otherwise provided in this Section, each
26		-	teacher in contractual continued service is evaluated at
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Sections
	7	+	5 24A-5 and 34-84 as follows:
	8	+	6 (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
	9	+	7 Sec. 24A-5. Content of evaluation plans. This Section
	10	+	8 does not apply to teachers assigned to schools identified in
	11	+	9 an agreement entered into between the board of a school
	12	+	10 district operating under Article 34 of this Code and the
	13	+	11 exclusive representative of the district's teachers in
	14	+	12 accordance with Section 34-85c of this Code.
	15	+	13 Each school district to which this Article applies shall
	16	+	14 establish a teacher evaluation plan which ensures that each
	17	+	15 teacher in contractual continued service is evaluated at least
	18	+	16 once in the course of every 2 or 3 school years as provided in
	19	+	17 this Section.
	20	+	18 Each school district shall establish a teacher evaluation
	21	+	19 plan that ensures that:
	22	+	20 (1) each teacher not in contractual continued service
	23	+	21 is evaluated at least once every school year; and
	24	+	22 (2) except as otherwise provided in this Section, each
	25	+	23 teacher in contractual continued service is evaluated at
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33		-	least once in the course of every 2 school years. However,
34		-	any teacher in contractual continued service whose
35		-	performance is rated as either "needs improvement" or
36		-	"unsatisfactory" must be evaluated at least once in the
37		-	school year following the receipt of such rating.
38		-	No later than September 1, 2022, each school district must
39		-	establish a teacher evaluation plan that ensures that each
40		-	teacher in contractual continued service whose performance is
41		-	rated as either "excellent" or "proficient" is evaluated at
42		-	least once in the course of the 3 school years after receipt of
43		-	the rating and implement an informal teacher observation plan
44		-	established by agency rule and by agreement of the joint
45		-	committee established under subsection (b) of Section 24A-4 of
46		-	this Code that ensures that each teacher in contractual
47		-	continued service whose performance is rated as either
48		-	"excellent" or "proficient" is informally observed at least
49		-	once in the course of the 2 school years after receipt of the
50		-	rating.
51		-	For the 2022-2023 school year only, if the Governor has
52		-	declared a disaster due to a public health emergency pursuant
53		-	to Section 7 of the Illinois Emergency Management Agency Act,
54		-	a school district may waive the evaluation requirement of all
55		-	teachers in contractual continued service whose performances
56		-	were rated as either "excellent" or "proficient" during the
57		-	last school year in which the teachers were evaluated under
58		-	this Section.
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	34	+	1 least once in the course of every 2 school years. However,
	35	+	2 any teacher in contractual continued service whose
	36	+	3 performance is rated as either "needs improvement" or
	37	+	4 "unsatisfactory" must be evaluated at least once in the
	38	+	5 school year following the receipt of such rating.
	39	+	6 No later than September 1, 2022, each school district must
	40	+	7 establish a teacher evaluation plan that ensures that each
	41	+	8 teacher in contractual continued service whose performance is
	42	+	9 rated as either "excellent" or "proficient" is evaluated at
	43	+	10 least once in the course of the 3 school years after receipt of
	44	+	11 the rating and implement an informal teacher observation plan
	45	+	12 established by agency rule and by agreement of the joint
	46	+	13 committee established under subsection (b) of Section 24A-4 of
	47	+	14 this Code that ensures that each teacher in contractual
	48	+	15 continued service whose performance is rated as either
	49	+	16 "excellent" or "proficient" is informally observed at least
	50	+	17 once in the course of the 2 school years after receipt of the
	51	+	18 rating.
	52	+	19 For the 2022-2023 school year only, if the Governor has
	53	+	20 declared a disaster due to a public health emergency pursuant
	54	+	21 to Section 7 of the Illinois Emergency Management Agency Act,
	55	+	22 a school district may waive the evaluation requirement of all
	56	+	23 teachers in contractual continued service whose performances
	57	+	24 were rated as either "excellent" or "proficient" during the
	58	+	25 last school year in which the teachers were evaluated under
	59	+	26 this Section.
59	60
60	61
61		-	Notwithstanding anything to the contrary in this Section
62		-	or any other Section of this Code, a principal shall not be
63		-	prohibited from evaluating any teachers within a school during
64		-	his or her first year as principal of such school. If a
65		-	first-year principal exercises this option in a school
66		-	district where the evaluation plan provides for a teacher in
67		-	contractual continued service to be evaluated once in the
68		-	course of every 2 or 3 school years, as applicable, then a new
69		-	2-year or 3-year evaluation plan must be established.
70		-	The evaluation plan shall comply with the requirements of
71		-	this Section and of any rules adopted by the State Board of
72		-	Education pursuant to this Section.
73		-	The plan shall include a description of each teacher's
74		-	duties and responsibilities and of the standards to which that
75		-	teacher is expected to conform, and shall include at least the
76		-	following components:
77		-	(a) personal observation of the teacher in the
78		-	classroom by the evaluator, unless the teacher has no
79		-	classroom duties.
80		-	(b) consideration of the teacher's attendance,
81		-	planning, instructional methods, classroom management,
82		-	where relevant, and competency in the subject matter
83		-	taught.
84		-	(c) by no later than the applicable implementation
85		-	date, consideration of student growth as a significant
86		-	factor in the rating of the teacher's performance.
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88	63
89		-	(d) prior to September 1, 2012, rating of the
90		-	performance of teachers in contractual continued service
91		-	as either:
92		-	(i) "excellent", "satisfactory" or
93		-	"unsatisfactory"; or
94		-	(ii) "excellent", "proficient", "needs
95		-	improvement" or "unsatisfactory".
96		-	(e) on and after September 1, 2012, rating of the
97		-	performance of all teachers as "excellent", "proficient",
98		-	"needs improvement" or "unsatisfactory".
99		-	(f) specification as to the teacher's strengths and
100		-	weaknesses, with supporting reasons for the comments made.
101		-	(g) inclusion of a copy of the evaluation in the
102		-	teacher's personnel file and provision of a copy to the
103		-	teacher.
104		-	(h) within 30 school days after the completion of an
105		-	evaluation rating a teacher in contractual continued
106		-	service as "needs improvement", development by the
107		-	evaluator, in consultation with the teacher, and taking
108		-	into account the teacher's on-going professional
109		-	responsibilities including his or her regular teaching
110		-	assignments, of a professional development plan directed
111		-	to the areas that need improvement and any supports that
112		-	the district will provide to address the areas identified
113		-	as needing improvement.
114		-	(i) within 30 school days after completion of an
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117		-	evaluation rating a teacher in contractual continued
118		-	service as "unsatisfactory", development and commencement
119		-	by the district of a remediation plan designed to correct
120		-	deficiencies cited, provided the deficiencies are deemed
121		-	remediable. In all school districts the remediation plan
122		-	for unsatisfactory, tenured teachers shall provide for 90
123		-	school days of remediation within the classroom, unless an
124		-	applicable collective bargaining agreement provides for a
125		-	shorter duration. In all school districts evaluations
126		-	issued pursuant to this Section shall be issued within 10
127		-	days after the conclusion of the respective remediation
128		-	plan. However, the school board or other governing
129		-	authority of the district shall not lose jurisdiction to
130		-	discharge a teacher in the event the evaluation is not
131		-	issued within 10 days after the conclusion of the
132		-	respective remediation plan.
133		-	(j) participation in the remediation plan by the
134		-	teacher in contractual continued service rated
135		-	"unsatisfactory", an evaluator and a consulting teacher
136		-	selected by the evaluator of the teacher who was rated
137		-	"unsatisfactory", which consulting teacher is an
138		-	educational employee as defined in the Educational Labor
139		-	Relations Act, has at least 5 years' teaching experience,
140		-	and a reasonable familiarity with the assignment of the
141		-	teacher being evaluated, and who received an "excellent"
142		-	rating on his or her most recent evaluation. Where no
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	70	+	1 Notwithstanding anything to the contrary in this Section
	71	+	2 or any other Section of this Code, a principal shall not be
	72	+	3 prohibited from evaluating any teachers within a school during
	73	+	4 his or her first year as principal of such school. If a
	74	+	5 first-year principal exercises this option in a school
	75	+	6 district where the evaluation plan provides for a teacher in
	76	+	7 contractual continued service to be evaluated once in the
	77	+	8 course of every 2 or 3 school years, as applicable, then a new
	78	+	9 2-year or 3-year evaluation plan must be established.
	79	+	10 The evaluation plan shall comply with the requirements of
	80	+	11 this Section and of any rules adopted by the State Board of
	81	+	12 Education pursuant to this Section.
	82	+	13 The plan shall include a description of each teacher's
	83	+	14 duties and responsibilities and of the standards to which that
	84	+	15 teacher is expected to conform, and shall include at least the
	85	+	16 following components:
	86	+	17 (a) personal observation of the teacher in the
	87	+	18 classroom by the evaluator, unless the teacher has no
	88	+	19 classroom duties.
	89	+	20 (b) consideration of the teacher's attendance,
	90	+	21 planning, instructional methods, classroom management,
	91	+	22 where relevant, and competency in the subject matter
	92	+	23 taught.
	93	+	24 (c) by no later than the applicable implementation
	94	+	25 date, consideration of student growth as a significant
	95	+	26 factor in the rating of the teacher's performance.
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145		-	teachers who meet these criteria are available within the
146		-	district, the district shall request and the applicable
147		-	regional office of education shall supply, to participate
148		-	in the remediation process, an individual who meets these
149		-	criteria.
150		-	In a district having a population of less than 500,000
151		-	with an exclusive bargaining agent, the bargaining agent
152		-	may, if it so chooses, supply a roster of qualified
153		-	teachers from whom the consulting teacher is to be
154		-	selected. That roster shall, however, contain the names of
155		-	at least 5 teachers, each of whom meets the criteria for
156		-	consulting teacher with regard to the teacher being
157		-	evaluated, or the names of all teachers so qualified if
158		-	that number is less than 5. In the event of a dispute as to
159		-	qualification, the State Board shall determine
160		-	qualification.
161		-	(k) a mid-point and final evaluation by an evaluator
162		-	during and at the end of the remediation period,
163		-	immediately following receipt of a remediation plan
164		-	provided for under subsections (i) and (j) of this
165		-	Section. Each evaluation shall assess the teacher's
166		-	performance during the time period since the prior
167		-	evaluation; provided that the last evaluation shall also
168		-	include an overall evaluation of the teacher's performance
169		-	during the remediation period. A written copy of the
170		-	evaluations and ratings, in which any deficiencies in
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173		-	performance and recommendations for correction are
174		-	identified, shall be provided to and discussed with the
175		-	teacher within 10 school days after the date of the
176		-	evaluation, unless an applicable collective bargaining
177		-	agreement provides to the contrary. These subsequent
178		-	evaluations shall be conducted by an evaluator. The
179		-	consulting teacher shall provide advice to the teacher
180		-	rated "unsatisfactory" on how to improve teaching skills
181		-	and to successfully complete the remediation plan. The
182		-	consulting teacher shall participate in developing the
183		-	remediation plan, but the final decision as to the
184		-	evaluation shall be done solely by the evaluator, unless
185		-	an applicable collective bargaining agreement provides to
186		-	the contrary. Evaluations at the conclusion of the
187		-	remediation process shall be separate and distinct from
188		-	the required annual evaluations of teachers and shall not
189		-	be subject to the guidelines and procedures relating to
190		-	those annual evaluations. The evaluator may but is not
191		-	required to use the forms provided for the annual
192		-	evaluation of teachers in the district's evaluation plan.
193		-	(l) reinstatement to the evaluation schedule set forth
194		-	in the district's evaluation plan for any teacher in
195		-	contractual continued service who achieves a rating equal
196		-	to or better than "satisfactory" or "proficient" in the
197		-	school year following a rating of "needs improvement" or
198		-	"unsatisfactory".
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201		-	(m) dismissal in accordance with subsection (d) of
202		-	Section 24-12 or Section 24-16.5 or 34-85 of this Code of
203		-	any teacher who fails to complete any applicable
204		-	remediation plan with a rating equal to or better than a
205		-	"satisfactory" or "proficient" rating. Districts and
206		-	teachers subject to dismissal hearings are precluded from
207		-	compelling the testimony of consulting teachers at such
208		-	hearings under subsection (d) of Section 24-12 or Section
209		-	24-16.5 or 34-85 of this Code, either as to the rating
210		-	process or for opinions of performances by teachers under
211		-	remediation.
212		-	(n) After the implementation date of an evaluation
213		-	system for teachers in a district as specified in Section
214		-	24A-2.5 of this Code, if a teacher in contractual
215		-	continued service successfully completes a remediation
216		-	plan following a rating of "unsatisfactory" in an overall
217		-	performance evaluation received after the foregoing
218		-	implementation date and receives a subsequent rating of
219		-	"unsatisfactory" in any of the teacher's overall
220		-	performance evaluation ratings received during the
221		-	36-month period following the teacher's completion of the
222		-	remediation plan, then the school district may forego
223		-	remediation and seek dismissal in accordance with
224		-	subsection (d) of Section 24-12 or Section 34-85 of this
225		-	Code.
226		-	(o) Teachers who are due to be evaluated in the last
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	106	+	1 (d) prior to September 1, 2012, rating of the
	107	+	2 performance of teachers in contractual continued service
	108	+	3 as either:
	109	+	4 (i) "excellent", "satisfactory" or
	110	+	5 "unsatisfactory"; or
	111	+	6 (ii) "excellent", "proficient", "needs
	112	+	7 improvement" or "unsatisfactory".
	113	+	8 (e) on and after September 1, 2012, rating of the
	114	+	9 performance of all teachers as "excellent", "proficient",
	115	+	10 "needs improvement" or "unsatisfactory".
	116	+	11 (f) specification as to the teacher's strengths and
	117	+	12 weaknesses, with supporting reasons for the comments made.
	118	+	13 (g) inclusion of a copy of the evaluation in the
	119	+	14 teacher's personnel file and provision of a copy to the
	120	+	15 teacher.
	121	+	16 (h) within 30 school days after the completion of an
	122	+	17 evaluation rating a teacher in contractual continued
	123	+	18 service as "needs improvement", development by the
	124	+	19 evaluator, in consultation with the teacher, and taking
	125	+	20 into account the teacher's on-going professional
	126	+	21 responsibilities including his or her regular teaching
	127	+	22 assignments, of a professional development plan directed
	128	+	23 to the areas that need improvement and any supports that
	129	+	24 the district will provide to address the areas identified
	130	+	25 as needing improvement.
	131	+	26 (i) within 30 school days after completion of an
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229		-	year before they are set to retire shall be offered the
230		-	opportunity to waive their evaluation and to retain their
231		-	most recent rating, unless the teacher was last rated as
232		-	"needs improvement" or "unsatisfactory". The school
233		-	district may still reserve the right to evaluate a teacher
234		-	provided the district gives notice to the teacher at least
235		-	14 days before the evaluation and a reason for evaluating
236		-	the teacher.
237		-	Nothing in this Section or Section 24A-4 shall be
238		-	construed as preventing immediate dismissal of a teacher for
239		-	deficiencies which are deemed irremediable or for actions
240		-	which are injurious to or endanger the health or person of
241		-	students in the classroom or school, or preventing the
242		-	dismissal or non-renewal of teachers not in contractual
243		-	continued service for any reason not prohibited by applicable
244		-	employment, labor, and civil rights laws. Failure to strictly
245		-	comply with the time requirements contained in Section 24A-5
246		-	shall not invalidate the results of the remediation plan.
247		-	Nothing contained in this amendatory Act of the 98th
248		-	General Assembly repeals, supersedes, invalidates, or
249		-	nullifies final decisions in lawsuits pending on the effective
250		-	date of this amendatory Act of the 98th General Assembly in
251		-	Illinois courts involving the interpretation of Public Act
252		-	97-8.
253		-	If the Governor has declared a disaster due to a public
254		-	health emergency pursuant to Section 7 of the Illinois
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256	135
257		-	Emergency Management Agency Act that suspends in-person
258		-	instruction, the timelines in this Section connected to the
259		-	commencement and completion of any remediation plan are
260		-	waived. Except if the parties mutually agree otherwise and the
261		-	agreement is in writing, any remediation plan that had been in
262		-	place for more than 45 days prior to the suspension of
263		-	in-person instruction shall resume when in-person instruction
264		-	resumes and any remediation plan that had been in place for
265		-	fewer than 45 days prior to the suspension of in-person
266		-	instruction shall be discontinued and a new remediation period
267		-	shall begin when in-person instruction resumes. The
268		-	requirements of this paragraph apply regardless of whether
269		-	they are included in a school district's teacher evaluation
270		-	plan.
271		-	(Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22;
272		-	102-729, eff. 5-6-22.)
273		-	(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
274		-	Sec. 34-84. Appointments and promotions of teachers.
275		-	Appointments and promotions of teachers shall be made for
276		-	merit only, and after satisfactory service for a probationary
277		-	period of 3 years with respect to probationary employees
278		-	employed as full-time teachers in the public school system of
279		-	the district before January 1, 1998 and 4 years with respect to
280		-	probationary employees who are first employed as full-time
281		-	teachers in the public school system of the district on or
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282	138
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284		-	after January 1, 1998, during which period the board may
285		-	dismiss or discharge any such probationary employee upon the
286		-	recommendation, accompanied by the written reasons therefor,
287		-	of the general superintendent of schools and after which
288		-	period appointments of teachers shall become permanent,
289		-	subject to removal for cause in the manner provided by Section
290		-	34-85.
291		-	For a probationary-appointed teacher in full-time service
292		-	who is appointed on or after July 1, 2013 and who receives
293		-	ratings of "excellent" during his or her first 3 school terms
294		-	of full-time service, the probationary period shall be 3
295		-	school terms of full-time service. For a
296		-	probationary-appointed teacher in full-time service who is
297		-	appointed on or after July 1, 2013 and who had previously
298		-	entered into contractual continued service in another school
299		-	district in this State or a program of a special education
300		-	joint agreement in this State, as defined in Section 24-11 of
301		-	this Code, the probationary period shall be 2 school terms of
302		-	full-time service, provided that (i) the teacher voluntarily
303		-	resigned or was honorably dismissed from the prior district or
304		-	program within the 3-month period preceding his or her
305		-	appointment date, (ii) the teacher's last 2 ratings in the
306		-	prior district or program were at least "proficient" and were
307		-	issued after the prior district's or program's PERA
308		-	implementation date, as defined in Section 24-11 of this Code,
309		-	and (iii) the teacher receives ratings of "excellent" during
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	142	+	1 evaluation rating a teacher in contractual continued
	143	+	2 service as "unsatisfactory", development and commencement
	144	+	3 by the district of a remediation plan designed to correct
	145	+	4 deficiencies cited, provided the deficiencies are deemed
	146	+	5 remediable. In all school districts the remediation plan
	147	+	6 for unsatisfactory, tenured teachers shall provide for 90
	148	+	7 school days of remediation within the classroom, unless an
	149	+	8 applicable collective bargaining agreement provides for a
	150	+	9 shorter duration. In all school districts evaluations
	151	+	10 issued pursuant to this Section shall be issued within 10
	152	+	11 days after the conclusion of the respective remediation
	153	+	12 plan. However, the school board or other governing
	154	+	13 authority of the district shall not lose jurisdiction to
	155	+	14 discharge a teacher in the event the evaluation is not
	156	+	15 issued within 10 days after the conclusion of the
	157	+	16 respective remediation plan.
	158	+	17 (j) participation in the remediation plan by the
	159	+	18 teacher in contractual continued service rated
	160	+	19 "unsatisfactory", an evaluator and a consulting teacher
	161	+	20 selected by the evaluator of the teacher who was rated
	162	+	21 "unsatisfactory", which consulting teacher is an
	163	+	22 educational employee as defined in the Educational Labor
	164	+	23 Relations Act, has at least 5 years' teaching experience,
	165	+	24 and a reasonable familiarity with the assignment of the
	166	+	25 teacher being evaluated, and who received an "excellent"
	167	+	26 rating on his or her most recent evaluation. Where no
310	168
311	169
312		-	his or her first 2 school terms of full-time service.
313		-	For a probationary-appointed teacher in full-time service
314		-	who is appointed on or after July 1, 2013 and who has not
315		-	entered into contractual continued service after 2 or 3 school
316		-	terms of full-time service as provided in this Section, the
317		-	probationary period shall be 4 school terms of full-time
318		-	service, provided that the teacher receives a rating of at
319		-	least "proficient" in the last school term and a rating of at
320		-	least "proficient" in either the second or third school term.
321		-	As used in this Section, "school term" means the school
322		-	term established by the board pursuant to Section 10-19 of
323		-	this Code, and "full-time service" means the teacher has
324		-	actually worked at least 150 days during the school term. As
325		-	used in this Article, "teachers" means and includes all
326		-	members of the teaching force excluding the general
327		-	superintendent and principals.
328		-	There shall be no reduction in teachers because of a
329		-	decrease in student membership or a change in subject
330		-	requirements within the attendance center organization after
331		-	the 20th day following the first day of the school year, except
332		-	that: (1) this provision shall not apply to desegregation
333		-	positions, special education positions, or any other positions
334		-	funded by State or federal categorical funds, and (2) at
335		-	attendance centers maintaining any of grades 9 through 12,
336		-	there may be a second reduction in teachers on the first day of
337		-	the second semester of the regular school term because of a
338	170
339	171
340		-	decrease in student membership or a change in subject
341		-	requirements within the attendance center organization.
342		-	Teachers who are due to be evaluated in the last year
343		-	before they are set to retire shall be offered the opportunity
344		-	to waive their evaluation and to retain their most recent
345		-	rating, unless the teacher was last rated as "needs
346		-	improvement" or "unsatisfactory". The school district may
347		-	still reserve the right to evaluate a teacher provided the
348		-	district gives notice to the teacher at least 14 days before
349		-	the evaluation and a reason for evaluating the teacher.
350		-	The school principal shall make the decision in selecting
351		-	teachers to fill new and vacant positions consistent with
352		-	Section 34-8.1.
353		-	(Source: P.A. 97-8, eff. 6-13-11.)
354		-	Section 99. Effective date. This Act takes effect upon
355		-	becoming law.
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	178	+	1 teachers who meet these criteria are available within the
	179	+	2 district, the district shall request and the applicable
	180	+	3 regional office of education shall supply, to participate
	181	+	4 in the remediation process, an individual who meets these
	182	+	5 criteria.
	183	+	6 In a district having a population of less than 500,000
	184	+	7 with an exclusive bargaining agent, the bargaining agent
	185	+	8 may, if it so chooses, supply a roster of qualified
	186	+	9 teachers from whom the consulting teacher is to be
	187	+	10 selected. That roster shall, however, contain the names of
	188	+	11 at least 5 teachers, each of whom meets the criteria for
	189	+	12 consulting teacher with regard to the teacher being
	190	+	13 evaluated, or the names of all teachers so qualified if
	191	+	14 that number is less than 5. In the event of a dispute as to
	192	+	15 qualification, the State Board shall determine
	193	+	16 qualification.
	194	+	17 (k) a mid-point and final evaluation by an evaluator
	195	+	18 during and at the end of the remediation period,
	196	+	19 immediately following receipt of a remediation plan
	197	+	20 provided for under subsections (i) and (j) of this
	198	+	21 Section. Each evaluation shall assess the teacher's
	199	+	22 performance during the time period since the prior
	200	+	23 evaluation; provided that the last evaluation shall also
	201	+	24 include an overall evaluation of the teacher's performance
	202	+	25 during the remediation period. A written copy of the
	203	+	26 evaluations and ratings, in which any deficiencies in
	204	+
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	214	+	1 performance and recommendations for correction are
	215	+	2 identified, shall be provided to and discussed with the
	216	+	3 teacher within 10 school days after the date of the
	217	+	4 evaluation, unless an applicable collective bargaining
	218	+	5 agreement provides to the contrary. These subsequent
	219	+	6 evaluations shall be conducted by an evaluator. The
	220	+	7 consulting teacher shall provide advice to the teacher
	221	+	8 rated "unsatisfactory" on how to improve teaching skills
	222	+	9 and to successfully complete the remediation plan. The
	223	+	10 consulting teacher shall participate in developing the
	224	+	11 remediation plan, but the final decision as to the
	225	+	12 evaluation shall be done solely by the evaluator, unless
	226	+	13 an applicable collective bargaining agreement provides to
	227	+	14 the contrary. Evaluations at the conclusion of the
	228	+	15 remediation process shall be separate and distinct from
	229	+	16 the required annual evaluations of teachers and shall not
	230	+	17 be subject to the guidelines and procedures relating to
	231	+	18 those annual evaluations. The evaluator may but is not
	232	+	19 required to use the forms provided for the annual
	233	+	20 evaluation of teachers in the district's evaluation plan.
	234	+	21 (l) reinstatement to the evaluation schedule set forth
	235	+	22 in the district's evaluation plan for any teacher in
	236	+	23 contractual continued service who achieves a rating equal
	237	+	24 to or better than "satisfactory" or "proficient" in the
	238	+	25 school year following a rating of "needs improvement" or
	239	+	26 "unsatisfactory".
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	241	+
	242	+
	243	+
	244	+
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	250	+	1 (m) dismissal in accordance with subsection (d) of
	251	+	2 Section 24-12 or Section 24-16.5 or 34-85 of this Code of
	252	+	3 any teacher who fails to complete any applicable
	253	+	4 remediation plan with a rating equal to or better than a
	254	+	5 "satisfactory" or "proficient" rating. Districts and
	255	+	6 teachers subject to dismissal hearings are precluded from
	256	+	7 compelling the testimony of consulting teachers at such
	257	+	8 hearings under subsection (d) of Section 24-12 or Section
	258	+	9 24-16.5 or 34-85 of this Code, either as to the rating
	259	+	10 process or for opinions of performances by teachers under
	260	+	11 remediation.
	261	+	12 (n) After the implementation date of an evaluation
	262	+	13 system for teachers in a district as specified in Section
	263	+	14 24A-2.5 of this Code, if a teacher in contractual
	264	+	15 continued service successfully completes a remediation
	265	+	16 plan following a rating of "unsatisfactory" in an overall
	266	+	17 performance evaluation received after the foregoing
	267	+	18 implementation date and receives a subsequent rating of
	268	+	19 "unsatisfactory" in any of the teacher's overall
	269	+	20 performance evaluation ratings received during the
	270	+	21 36-month period following the teacher's completion of the
	271	+	22 remediation plan, then the school district may forego
	272	+	23 remediation and seek dismissal in accordance with
	273	+	24 subsection (d) of Section 24-12 or Section 34-85 of this
	274	+	25 Code.
	275	+	26 (o) Teachers who are due to be evaluated in the last
	276	+
	277	+
	278	+
	279	+
	280	+
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	286	+	1 year before they are set to retire shall be offered the
	287	+	2 opportunity to waive their evaluation and to retain their
	288	+	3 most recent rating, unless the teacher was last rated as
	289	+	4 "needs improvement" or "unsatisfactory". The school
	290	+	5 district may still reserve the right to evaluate a teacher
	291	+	6 provided the district gives notice to the teacher at least
	292	+	7 14 days before the evaluation and a reason for evaluating
	293	+	8 the teacher.
	294	+	9 Nothing in this Section or Section 24A-4 shall be
	295	+	10 construed as preventing immediate dismissal of a teacher for
	296	+	11 deficiencies which are deemed irremediable or for actions
	297	+	12 which are injurious to or endanger the health or person of
	298	+	13 students in the classroom or school, or preventing the
	299	+	14 dismissal or non-renewal of teachers not in contractual
	300	+	15 continued service for any reason not prohibited by applicable
	301	+	16 employment, labor, and civil rights laws. Failure to strictly
	302	+	17 comply with the time requirements contained in Section 24A-5
	303	+	18 shall not invalidate the results of the remediation plan.
	304	+	19 Nothing contained in this amendatory Act of the 98th
	305	+	20 General Assembly repeals, supersedes, invalidates, or
	306	+	21 nullifies final decisions in lawsuits pending on the effective
	307	+	22 date of this amendatory Act of the 98th General Assembly in
	308	+	23 Illinois courts involving the interpretation of Public Act
	309	+	24 97-8.
	310	+	25 If the Governor has declared a disaster due to a public
	311	+	26 health emergency pursuant to Section 7 of the Illinois
	312	+
	313	+
	314	+
	315	+
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	322	+	1 Emergency Management Agency Act that suspends in-person
	323	+	2 instruction, the timelines in this Section connected to the
	324	+	3 commencement and completion of any remediation plan are
	325	+	4 waived. Except if the parties mutually agree otherwise and the
	326	+	5 agreement is in writing, any remediation plan that had been in
	327	+	6 place for more than 45 days prior to the suspension of
	328	+	7 in-person instruction shall resume when in-person instruction
	329	+	8 resumes and any remediation plan that had been in place for
	330	+	9 fewer than 45 days prior to the suspension of in-person
	331	+	10 instruction shall be discontinued and a new remediation period
	332	+	11 shall begin when in-person instruction resumes. The
	333	+	12 requirements of this paragraph apply regardless of whether
	334	+	13 they are included in a school district's teacher evaluation
	335	+	14 plan.
	336	+	15 (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22;
	337	+	16 102-729, eff. 5-6-22.)
	338	+	17 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
	339	+	18 Sec. 34-84. Appointments and promotions of teachers.
	340	+	19 Appointments and promotions of teachers shall be made for
	341	+	20 merit only, and after satisfactory service for a probationary
	342	+	21 period of 3 years with respect to probationary employees
	343	+	22 employed as full-time teachers in the public school system of
	344	+	23 the district before January 1, 1998 and 4 years with respect to
	345	+	24 probationary employees who are first employed as full-time
	346	+	25 teachers in the public school system of the district on or
	347	+
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	357	+	1 after January 1, 1998, during which period the board may
	358	+	2 dismiss or discharge any such probationary employee upon the
	359	+	3 recommendation, accompanied by the written reasons therefor,
	360	+	4 of the general superintendent of schools and after which
	361	+	5 period appointments of teachers shall become permanent,
	362	+	6 subject to removal for cause in the manner provided by Section
	363	+	7 34-85.
	364	+	8 For a probationary-appointed teacher in full-time service
	365	+	9 who is appointed on or after July 1, 2013 and who receives
	366	+	10 ratings of "excellent" during his or her first 3 school terms
	367	+	11 of full-time service, the probationary period shall be 3
	368	+	12 school terms of full-time service. For a
	369	+	13 probationary-appointed teacher in full-time service who is
	370	+	14 appointed on or after July 1, 2013 and who had previously
	371	+	15 entered into contractual continued service in another school
	372	+	16 district in this State or a program of a special education
	373	+	17 joint agreement in this State, as defined in Section 24-11 of
	374	+	18 this Code, the probationary period shall be 2 school terms of
	375	+	19 full-time service, provided that (i) the teacher voluntarily
	376	+	20 resigned or was honorably dismissed from the prior district or
	377	+	21 program within the 3-month period preceding his or her
	378	+	22 appointment date, (ii) the teacher's last 2 ratings in the
	379	+	23 prior district or program were at least "proficient" and were
	380	+	24 issued after the prior district's or program's PERA
	381	+	25 implementation date, as defined in Section 24-11 of this Code,
	382	+	26 and (iii) the teacher receives ratings of "excellent" during
	383	+
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	393	+	1 his or her first 2 school terms of full-time service.
	394	+	2 For a probationary-appointed teacher in full-time service
	395	+	3 who is appointed on or after July 1, 2013 and who has not
	396	+	4 entered into contractual continued service after 2 or 3 school
	397	+	5 terms of full-time service as provided in this Section, the
	398	+	6 probationary period shall be 4 school terms of full-time
	399	+	7 service, provided that the teacher receives a rating of at
	400	+	8 least "proficient" in the last school term and a rating of at
	401	+	9 least "proficient" in either the second or third school term.
	402	+	10 As used in this Section, "school term" means the school
	403	+	11 term established by the board pursuant to Section 10-19 of
	404	+	12 this Code, and "full-time service" means the teacher has
	405	+	13 actually worked at least 150 days during the school term. As
	406	+	14 used in this Article, "teachers" means and includes all
	407	+	15 members of the teaching force excluding the general
	408	+	16 superintendent and principals.
	409	+	17 There shall be no reduction in teachers because of a
	410	+	18 decrease in student membership or a change in subject
	411	+	19 requirements within the attendance center organization after
	412	+	20 the 20th day following the first day of the school year, except
	413	+	21 that: (1) this provision shall not apply to desegregation
	414	+	22 positions, special education positions, or any other positions
	415	+	23 funded by State or federal categorical funds, and (2) at
	416	+	24 attendance centers maintaining any of grades 9 through 12,
	417	+	25 there may be a second reduction in teachers on the first day of
	418	+	26 the second semester of the regular school term because of a
	419	+
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	421	+
	422	+
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	429	+	1 decrease in student membership or a change in subject
	430	+	2 requirements within the attendance center organization.
	431	+	3 Teachers who are due to be evaluated in the last year
	432	+	4 before they are set to retire shall be offered the opportunity
	433	+	5 to waive their evaluation and to retain their most recent
	434	+	6 rating, unless the teacher was last rated as "needs
	435	+	7 improvement" or "unsatisfactory". The school district may
	436	+	8 still reserve the right to evaluate a teacher provided the
	437	+	9 district gives notice to the teacher at least 14 days before
	438	+	10 the evaluation and a reason for evaluating the teacher.
	439	+	11 The school principal shall make the decision in selecting
	440	+	12 teachers to fill new and vacant positions consistent with
	441	+	13 Section 34-8.1.
	442	+	14 (Source: P.A. 97-8, eff. 6-13-11.)
	443	+	15 Section 99. Effective date. This Act takes effect upon
	444	+	16 becoming law.
	445	+
	446	+
	447	+
	448	+
	449	+
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