Bill Text: IL SB1213 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Provides that the panel of qualified evaluators has the power to revoke the "unsatisfactory" rating it deems to be erroneous (rather than the power to reevaluate and re-rate a teacher who appeals). Provides that the issuance of a rating to replace an "unsatisfactory" rating must be determined through bargaining between the exclusive bargaining representative and the school district. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2019-08-27 - Public Act . . . . . . . . . 101-0591 [SB1213 Detail]

Download: Illinois-2019-SB1213-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1213 Introduced 2/6/2019, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25g from Ch. 122, par. 2-3.25g
105 ILCS 5/10-17a from Ch. 122, par. 10-17a
105 ILCS 5/21B-75
105 ILCS 5/24-9.5 new
105 ILCS 5/24-11 from Ch. 122, par. 24-11
105 ILCS 5/24-12 from Ch. 122, par. 24-12
105 ILCS 5/24-16.5
105 ILCS 5/24A-4 from Ch. 122, par. 24A-4
105 ILCS 5/24A-5 from Ch. 122, par. 24A-5
105 ILCS 5/24A-5.5 new
105 ILCS 5/24A-7 from Ch. 122, par. 24A-7
105 ILCS 5/34-84 from Ch. 122, par. 34-84
105 ILCS 5/34-85c
Amends the School Code. Provides that, on and after September 1, 2019, all teacher evaluation ratings on record as "excellent", "proficient", or "needs improvement" are considered "effective" and all teacher evaluation ratings on record as "unsatisfactory" are considered "ineffective" for the purposes of the Employment of Teachers Article. Makes other changes concerning the waiver or modification of mandates; school report cards; license suspension or revocation; contractual continued service; removal or dismissal of teachers; an optional alternative evaluative dismissal process; evaluation plans; a local appeal process for ineffective ratings; rules; the appointment and promotion of teachers in Chicago; alternative procedures for teacher evaluation, remediation, and removal in Chicago; and the Open Meetings Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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
2-3.25g, 10-17a, 21B-75, 24-11, 24-12, 24-16.5, 24A-4, 24A-5,
24A-7, 34-84, and 34-85c and by adding Sections 24-9.5 and
24A-5.5 as follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within the
School Code and administrative rules and regulations.
(a) In this Section:
"Board" means a school board or the governing board or
administrative district, as the case may be, for a joint
agreement.
"Eligible applicant" means a school district, joint
agreement made up of school districts, or regional
superintendent of schools on behalf of schools and programs
operated by the regional office of education.
"Implementation date" has the meaning set forth in
Section 24A-2.5 of this Code.
"State Board" means the State Board of Education.
(b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible

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applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code may
be requested when the waivers are necessary to stimulate
innovation or improve student performance or when the applicant
demonstrates that it can address the intent of the mandate of
the School Code in a more effective, efficient, or economical
manner. Waivers may not be requested from laws, rules, and
regulations pertaining to special education, teacher educator
licensure, teacher tenure and seniority, or Section 5-2.1 of
this Code or from compliance with the Every Student Succeeds
Act (Public Law 114-95). Eligible applicants may not seek a
waiver or seek a modification of a mandate regarding the
requirements for (i) student performance data to be a
significant factor in teacher or principal evaluations or (ii)
teachers and principals to be rated using the 4 categories of
"excellent", "proficient", "needs improvement", or
"unsatisfactory" or, on and after September 1, 2019, teachers
to be rated using the 2 categories of "effective" and

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"ineffective". On September 1, 2014, any previously authorized
waiver or modification from such requirements shall terminate.
(c) Eligible applicants, as a matter of inherent managerial
policy, and any Independent Authority established under
Section 2-3.25f-5 of this Code may submit an application for a
waiver or modification authorized under this Section. Each
application must include a written request by the eligible
applicant or Independent Authority and must demonstrate that
the intent of the mandate can be addressed in a more effective,
efficient, or economical manner or be based upon a specific
plan for improved student performance and school improvement.
Any eligible applicant requesting a waiver or modification for
the reason that intent of the mandate can be addressed in a
more economical manner shall include in the application a
fiscal analysis showing current expenditures on the mandate and
projected savings resulting from the waiver or modification.
Applications and plans developed by eligible applicants must be
approved by the board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following a public hearing on the
application and plan and the opportunity for the board or
regional superintendent to hear testimony from staff directly
involved in its implementation, parents, and students. The time
period for such testimony shall be separate from the time
period established by the eligible applicant for public comment
on other matters.

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(c-5) If the applicant is a school district, then the
district shall post information that sets forth the time, date,
place, and general subject matter of the public hearing on its
Internet website at least 14 days prior to the hearing. If the
district is requesting to increase the fee charged for driver
education authorized pursuant to Section 27-24.2 of this Code,
the website information shall include the proposed amount of
the fee the district will request. All school districts must
publish a notice of the public hearing at least 7 days prior to
the hearing in a newspaper of general circulation within the
school district that sets forth the time, date, place, and
general subject matter of the hearing. Districts requesting to
increase the fee charged for driver education shall include in
the published notice the proposed amount of the fee the
district will request. If the applicant is a joint agreement or
regional superintendent, then the joint agreement or regional
superintendent shall post information that sets forth the time,
date, place, and general subject matter of the public hearing
on its Internet website at least 14 days prior to the hearing.
If the joint agreement or regional superintendent is requesting
to increase the fee charged for driver education authorized
pursuant to Section 27-24.2 of this Code, the website
information shall include the proposed amount of the fee the
applicant will request. All joint agreements and regional
superintendents must publish a notice of the public hearing at
least 7 days prior to the hearing in a newspaper of general

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circulation in each school district that is a member of the
joint agreement or that is served by the educational service
region that sets forth the time, date, place, and general
subject matter of the hearing, provided that a notice appearing
in a newspaper generally circulated in more than one school
district shall be deemed to fulfill this requirement with
respect to all of the affected districts. Joint agreements or
regional superintendents requesting to increase the fee
charged for driver education shall include in the published
notice the proposed amount of the fee the applicant will
request. The eligible applicant must notify either
electronically or in writing the affected exclusive collective
bargaining agent and those State legislators representing the
eligible applicant's territory of its intent to seek approval
of a waiver or modification and of the hearing to be held to
take testimony from staff. The affected exclusive collective
bargaining agents shall be notified of such public hearing at
least 7 days prior to the date of the hearing and shall be
allowed to attend such public hearing. The eligible applicant
shall attest to compliance with all of the notification and
procedural requirements set forth in this Section.
(d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools. The

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application as submitted to the State Board of Education shall
include a description of the public hearing. Following receipt
of the waiver or modification request, the State Board shall
have 45 days to review the application and request. If the
State Board fails to disapprove the application within that
45-day 45 day period, the waiver or modification shall be
deemed granted. The State Board may disapprove any request if
it is not based upon sound educational practices, endangers the
health or safety of students or staff, compromises equal
opportunities for learning, or fails to demonstrate that the
intent of the rule or mandate can be addressed in a more
effective, efficient, or economical manner or have improved
student performance as a primary goal. Any request disapproved
by the State Board may be appealed to the General Assembly by
the eligible applicant as outlined in this Section.
A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the number
of people who spoke as proponents or opponents of the waiver, a
brief description of their comments, and whether there were any
written statements submitted. The State Board shall review the
applications and requests for completeness and shall compile

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the requests in reports to be filed with the General Assembly.
The State Board shall file reports outlining the waivers
requested by eligible applicants and appeals by eligible
applicants of requests disapproved by the State Board with the
Senate and the House of Representatives before each March 1 and
October 1.
The report shall be reviewed by a panel of 4 members
consisting of:
(1) the Speaker of the House of Representatives;
(2) the Minority Leader of the House of
Representatives;
(3) the President of the Senate; and
(4) the Minority Leader of the Senate.
The State Board of Education may provide the panel
recommendations on waiver requests. The members of the panel
shall review the report submitted by the State Board of
Education and submit to the State Board of Education any notice
of further consideration to any waiver request within 14 days
after the member receives the report. If 3 or more of the panel
members submit a notice of further consideration to any waiver
request contained within the report, the State Board of
Education shall submit the waiver request to the General
Assembly for consideration. If less than 3 panel members submit
a notice of further consideration to a waiver request, the
waiver may be approved, denied, or modified by the State Board.
If the State Board does not act on a waiver request within 10

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days, then the waiver request is approved. If the waiver
request is denied by the State Board, it shall submit the
waiver request to the General Assembly for consideration.
The General Assembly may disapprove any waiver request
submitted to the General Assembly pursuant to this subsection
(d) in whole or in part within 60 calendar days after each
house of the General Assembly next convenes after the waiver
request is submitted by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60-day 60 day period, the waiver
or modification shall be deemed granted. Any resolution adopted
by the General Assembly disapproving a report of the State
Board in whole or in part shall be binding on the State Board.
(e) An approved waiver or modification may remain in effect
for a period not to exceed 5 school years and may be renewed
upon application by the eligible applicant. However, such
waiver or modification may be changed within that 5-year period
by a board or regional superintendent of schools applying on
behalf of schools or programs operated by the regional office
of education following the procedure as set forth in this
Section for the initial waiver or modification request. If
neither the State Board of Education nor the General Assembly
disapproves, the change is deemed granted.
(f) (Blank).
(Source: P.A. 99-78, eff. 7-20-15; 100-465, eff. 8-31-17;

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100-782, eff. 1-1-19; revised 10-1-18.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
(Text of Section before amendment by P.A. 100-448)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.
(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the

SB1213 - 10 - LRB101 07287 AXK 52326 b
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
the per-pupil operating expenditure of the school
district; and the per-pupil State average operating
expenditure for the district type (elementary, high
school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,

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community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students enrolled
in post-secondary institutions (including colleges,
universities, community colleges, trade/vocational
schools, and training programs leading to career
certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with

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less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, and the combined percentage of
teachers rated as proficient or excellent or, on and after
September 1, 2019, the percentage of teachers rated as
"effective" in their most recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the

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State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois;
(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount; and
(L) a school district's administrative costs; and .
(M) (L) whether or not the school has participated in
the Illinois Youth Survey. In this paragraph (M) (L),
"Illinois Youth Survey" means a self-report survey,
administered in school settings every 2 years, designed to
gather information about health and social indicators,

SB1213 - 14 - LRB101 07287 AXK 52326 b
including substance abuse patterns and the attitudes of
students in grades 8, 10, and 12.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the

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information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that

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the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the
report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-465, eff. 8-31-17; 100-807, eff. 8-10-18; 100-863,
eff. 8-14-18; 100-1121, eff. 1-1-19; revised 12-19-18.)
(Text of Section after amendment by P.A. 100-448)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report card,
school district report cards, and school report cards, and
shall by the most economic means provide to each school
district in this State, including special charter districts and
districts subject to the provisions of Article 34, the report
cards for the school district and each of its schools.

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(2) In addition to any information required by federal law,
the State Superintendent shall determine the indicators and
presentation of the school report card, which must include, at
a minimum, the most current data collected and maintained by
the State Board of Education related to the following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners; the percentage of
students who have individualized education plans or 504
plans that provide for special education services; the
number and percentage of all students who have been
assessed for placement in a gifted education or advanced
academic program and, of those students: (i) the racial and
ethnic breakdown, (ii) the percentage who are classified as
low-income, and (iii) the number and percentage of students
who received direct instruction from a teacher who holds a
gifted education endorsement and, of those students, the
percentage who are classified as low-income; the
percentage of students scoring at the "exceeds
expectations" level on the assessments required under
Section 2-3.64a-5 of this Code; the percentage of students
who annually transferred in or out of the school district;
average daily attendance; the per-pupil operating
expenditure of the school district; and the per-pupil State

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average operating expenditure for the district type
(elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, school personnel
resources (including Career Technical Education teachers),
before and after school programs, extracurricular
activities, subjects in which elective classes are
offered, health and wellness initiatives (including the
average number of days of Physical Education per week per
student), approved programs of study, awards received,
community partnerships, and special programs such as
programming for the gifted and talented, students with
disabilities, and work-study students;
(C) student outcomes, including, where applicable, the
percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students enrolled
in post-secondary institutions (including colleges,
universities, community colleges, trade/vocational
schools, and training programs leading to career
certification within 2 semesters of high school
graduation), the percentage of students graduating from
high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,

SB1213 - 19 - LRB101 07287 AXK 52326 b
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned 5
credits or more without failing more than one core class, a
measure of students entering kindergarten ready to learn, a
measure of growth, and the percentage of students who enter
high school on track for college and career readiness;
(E) the school environment, including, where
applicable, the percentage of students with less than 10
absences in a school year, the percentage of teachers with
less than 10 absences in a school year for reasons other
than professional development, leaves taken pursuant to
the federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program or
advanced academic program and the manner in which parents
and guardians are made aware of the process and criteria, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to

SB1213 - 20 - LRB101 07287 AXK 52326 b
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, and the combined percentage of
teachers rated as proficient or excellent or, on and after
September 1, 2019, the percentage of teachers rated as
"effective" in their most recent evaluation;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of the
State of Illinois in the prior fiscal year for the school's
employees, which shall be reported to the State Board of
Education by the Teachers' Retirement System of the State
of Illinois;
(H) for a school district organized under Article 34 of
this Code only, State contributions to the Public School
Teachers' Pension and Retirement Fund of Chicago and State
contributions for health care for employees of that school
district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section

SB1213 - 21 - LRB101 07287 AXK 52326 b
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount; and
(L) a school district's administrative costs; and .
(M) (L) whether or not the school has participated in
the Illinois Youth Survey. In this paragraph (M) (L),
"Illinois Youth Survey" means a self-report survey,
administered in school settings every 2 years, designed to
gather information about health and social indicators,
including substance abuse patterns and the attitudes of
students in grades 8, 10, and 12.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.

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"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive ability
or advanced academic achievement compared to local age peers
and in which the curriculum is substantially differentiated
from the general curriculum to provide appropriate challenge
and pace.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance by
Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information relating
to the operating expense per pupil and other finances of the
school district, and the State report card shall include a
subset of the information identified in paragraphs (A) through
(E) of subsection (2) of this Section. The school district
report card shall include the average daily attendance, as that
term is defined in subsection (2) of this Section, of students
who have individualized education programs and students who

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have 504 plans that provide for special education services
within the school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of general
circulation serving the district, and, upon request, send the
report cards home to a parent (unless the district does not
maintain an Internet web site, in which case the report card
shall be sent home to parents without request). If the district
posts the report card on its Internet web site, the district
shall send a written notice home to parents stating (i) that
the report card is available on the web site, (ii) the address
of the web site, (iii) that a printed copy of the report card
will be sent to parents upon request, and (iv) the telephone
number that parents may call to request a printed copy of the

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report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
99-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
1-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807,
eff. 8-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19;
revised 12-19-18.)
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the exclusive
authority, in accordance with this Section and any rules
adopted by the State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, to initiate
the suspension of up to 5 calendar years or revocation of any
license issued pursuant to this Article for abuse or neglect of
a child, immorality, a condition of health detrimental to the
welfare of pupils, incompetency, unprofessional conduct (which

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includes the failure to disclose on an employment application
any previous conviction for a sex offense, as defined in
Section 21B-80 of this Code, or any other offense committed in
any other state or against the laws of the United States that,
if committed in this State, would be punishable as a sex
offense, as defined in Section 21B-80 of this Code), the
neglect of any professional duty, willful failure to report an
instance of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act, or other just cause.
Unprofessional conduct shall include the refusal to attend or
participate in institutes, teachers' meetings, or professional
readings or to meet other reasonable requirements of the
regional superintendent of schools or State Superintendent of
Education. Unprofessional conduct also includes conduct that
violates the standards, ethics, or rules applicable to the
security, administration, monitoring, or scoring of or the
reporting of scores from any assessment test or examination
administered under Section 2-3.64a-5 of this Code or that is
known or intended to produce or report manipulated or
artificial, rather than actual, assessment or achievement
results or gains from the administration of those tests or
examinations. Unprofessional conduct shall also include
neglect or unnecessary delay in the making of statistical and
other reports required by school officers. Incompetency shall
include, without limitation, 2 or more school terms of service
for which the license holder has received an unsatisfactory or,

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on and after September 1, 2019, ineffective rating on a
performance evaluation conducted pursuant to Article 24A of
this Code within a period of 7 school terms of service. In
determining whether to initiate action against one or more
licenses based on incompetency and the recommended sanction for
such action, the State Superintendent shall consider factors
that include without limitation all of the following:
(1) Whether the unsatisfactory or ineffective
evaluation ratings occurred prior to June 13, 2011 (the
effective date of Public Act 97-8).
(2) Whether the unsatisfactory or ineffective
evaluation ratings occurred prior to or after the
implementation date, as defined in Section 24A-2.5 of this
Code, of an evaluation system for teachers in a school
district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory or ineffective evaluation met the
pre-licensure and training requirements set forth in
Section 24A-3 of this Code.
(4) The time between the unsatisfactory or ineffective
evaluation ratings.
(5) The quality of the remediation plans associated
with the unsatisfactory or ineffective evaluation ratings
and whether the license holder successfully completed the
remediation plans.
(6) Whether the unsatisfactory or ineffective

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evaluation ratings were related to the same or different
assignments performed by the license holder.
(7) Whether one or more of the unsatisfactory or
ineffective evaluation ratings occurred in the first year
of a teaching or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child, immorality,
a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (b) of this Section),
unprofessional conduct, the neglect of any professional duty,
or other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
revocation, or other sanction; provided that the State

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Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination, as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of
Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days after notice of an
opportunity for hearing, it shall act as a stay of proceedings
until the State Educator Preparation and Licensure Board issues
a decision. Any hearing shall take place in the educational
service region where the educator is or was last employed and
in accordance with rules adopted by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and such rules shall include without
limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may

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suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the license holder, and
the production of any evidence, including files, records,
correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present, but
the State Superintendent shall provide the license holder with
a copy of any recorded testimony prior to a hearing under this

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Section. Such recorded testimony must not be used as evidence
at a hearing, unless the license holder has adequate notice of
the testimony and the opportunity to cross-examine the witness.
Failure of a license holder to comply with a duly issued,
investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Educator Preparation and Licensure
Board under this Section is confidential and must not be
disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such information
admitted into evidence in a hearing is exempt from this
confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any

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person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 100-872, eff. 8-14-18.)
(105 ILCS 5/24-9.5 new)
Sec. 24-9.5. Teacher evaluation ratings on and after
September 1, 2019. On and after September 1, 2019, pursuant to
this Section, all teacher evaluation ratings on record as
"excellent", "proficient", or "needs improvement" are
considered "effective" and all teacher evaluation ratings on
record as "unsatisfactory" are considered "ineffective" for
the purposes of this Article.

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(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 certified under laws relating to the
certification 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

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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, 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 at least
45 days before the end of any school term within such period:
(1) 4 consecutive school terms of service in which the
teacher receives overall annual evaluation ratings of at
least "Proficient" or, on or after September 1, 2019,
"effective" in the last school term and at least
"Proficient" or, on or after September 1, 2019, "effective"

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in either the second or third school term;
(2) (blank); or 3 consecutive school terms of service
in which the teacher receives 3 overall annual evaluations
of "Excellent"; or
(3) 2 consecutive school terms of service in which the
teacher receives 2 overall annual evaluations of
"Excellent" or, on or after September 1, 2019, "effective"
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" or, on or after September 1, 2019,
"effective", 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

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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" or, on or after September 1, 2019, "effective"
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)

SB1213 - 36 - LRB101 07287 AXK 52326 b
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" or, on or after September 1, 2019,
"effective".
(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 4 consecutive school terms, provided that the

SB1213 - 37 - LRB101 07287 AXK 52326 b
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, but not subdivision (3) of
subsection (d) 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 at least 45 days before
the end of any school term as provided in this Section and
whose performance does not require dismissal after the fourth
probationary year pursuant to subsection (d) 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

SB1213 - 38 - LRB101 07287 AXK 52326 b
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 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
certificated 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

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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

SB1213 - 40 - LRB101 07287 AXK 52326 b
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.

SB1213 - 41 - LRB101 07287 AXK 52326 b
(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. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)

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(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service.
(a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining the
sequence of dismissal is established in a collective bargaining

SB1213 - 43 - LRB101 07287 AXK 52326 b
agreement or contract between the board and a professional
faculty members' organization and except that this provision
shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by
operation of law or is conducted on a voluntary basis by the
board. Any teacher dismissed as a result of such decrease or
discontinuance shall be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time full time equivalent positions filled
by certified employees (excluding principals and
administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school
term or within 2 calendar years from the beginning of the
following school term, the positions so becoming available
shall be tendered to the teachers who were so notified and
removed or dismissed whenever they are legally qualified to
hold such positions. Each board shall, in consultation with any
exclusive employee representatives, each year establish a

SB1213 - 44 - LRB101 07287 AXK 52326 b
list, categorized by positions, showing the length of
continuing service of each teacher who is qualified to hold any
such positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list shall be made in accordance with
the alternative method. Copies of the list shall be distributed
to the exclusive employee representative on or before February
1 of each year. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5, or 150% of the
average number of teachers honorably dismissed in the preceding
3 years, whichever is more, then the board also shall hold a
public hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
(b) This subsection (b) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided during the 2011-2012 school term or a subsequent
school term. If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
certified mail, return receipt requested, or personal delivery

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with receipt at least 45 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the sequence of
dismissal shall occur in accordance with this subsection (b);
except that this subsection (b) shall not impair the operation
of any affirmative action program in the school district,
regardless of whether it exists by operation of law or is
conducted on a voluntary basis by the board.
Each teacher must be categorized into one or more positions
for which the teacher is qualified to hold, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the school year during which the sequence of
dismissal is determined. Within each position and subject to
agreements made by the joint committee on honorable dismissals
that are authorized by subsection (c) of this Section, the
school district or joint agreement must establish 4 groupings
of teachers or, on or after September 1, 2019, 3 groupings of
teachers qualified to hold the position as follows:
(1) Grouping one shall consist of each teacher who is
not in contractual continued service and who (i) has not
received a performance evaluation rating, (ii) is employed
for one school term or less to replace a teacher on leave,
or (iii) is employed on a part-time basis. "Part-time
basis" for the purposes of this subsection (b) means a
teacher who is employed to teach less than a full-day,

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teacher workload or less than 5 days of the normal student
attendance week, unless otherwise provided for in a
collective bargaining agreement between the district and
the exclusive representative of the district's teachers.
For the purposes of this Section, a teacher (A) who is
employed as a full-time teacher but who actually teaches or
is otherwise present and participating in the district's
educational program for less than a school term or (B) who,
in the immediately previous school term, was employed on a
full-time basis and actually taught or was otherwise
present and participated in the district's educational
program for 120 days or more is not considered employed on
a part-time basis.
(2) Grouping 2 shall consist of each teacher with a
Needs Improvement or Unsatisfactory performance evaluation
rating on either of the teacher's last 2 performance
evaluation ratings. However, on and after September 1,
2019, grouping 2 shall consist of each teacher with an
"ineffective" performance evaluation rating on the
teacher's most recent performance evaluation rating.
(3) Grouping 3 shall consist of each teacher with a
performance evaluation rating of at least Satisfactory or
Proficient on both of the teacher's last 2 performance
evaluation ratings, if 2 ratings are available, or on the
teacher's last performance evaluation rating, if only one
rating is available, unless the teacher qualifies for

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placement into grouping 4. However, on and after September
1, 2019, grouping 3 shall consist of each teacher with a
performance evaluation rating of "effective" on the
teacher's last performance evaluation rating, provided
that the teacher did not have an "ineffective" performance
evaluation rating on the most recent performance
evaluation rating.
(4) Grouping 4 shall consist of each teacher whose last
2 performance evaluation ratings are Excellent and each
teacher with 2 Excellent performance evaluation ratings
out of the teacher's last 3 performance evaluation ratings
with a third rating of Satisfactory or Proficient. However,
beginning on September 1, 2019, there is no grouping 4.
Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last. However, on and after September 1, 2019,
teachers in grouping one shall be dismissed first, teachers in
grouping 2 dismissed second, and teachers in grouping 3
dismissed last.
Prior to September 1, 2019 Within grouping one, the
sequence of dismissal within grouping one must be at the
discretion of the school district or joint agreement, and .
Within grouping 2, the sequence of dismissal within grouping 2
must be based upon average performance evaluation ratings, with
the teacher or teachers with the lowest average performance

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evaluation rating dismissed first. A teacher's average
performance evaluation rating must be calculated using the
average of the teacher's last 2 performance evaluation ratings,
if 2 ratings are available, or the teacher's last performance
evaluation rating, if only one rating is available, using the
following numerical values: 4 for Excellent; 3 for Proficient
or Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2 with
the same average performance evaluation rating and within each
of groupings 3 and 4, the teacher or teachers with the shorter
length of continuing service with the school district or joint
agreement must be dismissed first unless an alternative method
of determining the sequence of dismissal is established in a
collective bargaining agreement or contract between the board
and a professional faculty members' organization. On and after
September 1, 2019, the sequence of dismissal shall be as
follows: Within grouping one, the sequence of dismissal must be
at the discretion of the school district or joint agreement. As
between or among teachers in groupings 2 and 3, the teacher or
teachers with the shorter length of continuing service with the
school district or joint agreement must be dismissed first
unless an alternative method of determining the sequence of
dismissal is established in a collective bargaining agreement
or contract between the board and a professional faculty
members' organization.
Each board, including the governing board of a joint

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agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing each
teacher by name and categorized by positions and the groupings
defined in this subsection (b) must be distributed to the
exclusive bargaining representative at least 75 days before the
end of the school term, provided that the school district or
joint agreement may, with notice to any exclusive employee
representatives, move teachers from grouping one into another
grouping during the period of time from 75 days until 45 days
before the end of the school term. Each year, each board shall
also establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
Prior to September 1, 2019, if If the board or joint

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agreement has any vacancies for the following school term or
within one calendar year from the beginning of the following
school term, the positions thereby becoming available must be
tendered to the teachers so removed or dismissed who were in
grouping groupings 3 or 4 of the sequence of dismissal and are
qualified to hold the positions, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the date of the positions becoming available,
provided that if the number of honorable dismissal notices
based on economic necessity exceeds 15% of the number of
full-time equivalent positions filled by certified employees
(excluding principals and administrative personnel) during the
preceding school year, then the recall period is for the
following school term or within 2 calendar years from the
beginning of the following school term. Prior to September 1,
2019, if If the board or joint agreement has any vacancies
within the period from the beginning of the following school
term through February 1 of the following school term (unless a
date later than February 1, but no later than 6 months from the
beginning of the following school term, is established in a
collective bargaining agreement), the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in grouping 2 of the sequence of
dismissal due to one "needs improvement" rating on either of
the teacher's last 2 performance evaluation ratings, provided

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that, if 2 ratings are available, the other performance
evaluation rating used for grouping purposes is
"satisfactory", "proficient", or "excellent", and are
qualified to hold the positions, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the date of the positions becoming available.
On and after July 1, 2014 (the effective date of Public Act
98-648) and before September 1, 2019 this amendatory Act of the
98th General Assembly, the preceding sentence shall apply to
teachers removed or dismissed by honorable dismissal, even if
notice of honorable dismissal occurred during the 2013-2014
school year. Among teachers eligible for recall pursuant to the
preceding sentence, the order of recall must be in inverse
order of dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5 notices or 150%
of the average number of teachers honorably dismissed in the
preceding 3 years, whichever is more, then the school board or
governing board of a joint agreement, as applicable, shall also
hold a public hearing on the question of the dismissals.
Following the hearing and board review, the action to approve
any such reduction shall require a majority vote of the board
members. Beginning on September 1, 2019, if the board or joint

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agreement has any vacancies for the following school term or
within one calendar year from the beginning of the following
school term, the positions thereby becoming available must be
tendered to the teachers so removed or dismissed who were in
grouping 2 or 3 of the sequence of dismissal and are qualified
to hold the positions, based upon legal qualifications and any
other qualifications established in a district or joint
agreement job description, on or before the May 10 prior to the
date of the positions becoming available, provided that if the
number of honorable dismissal notices based on economic
necessity exceeds 15% of the number of full-time equivalent
positions filled by licensed employees (excluding principals
and administrative personnel) during the preceding school
year, then the recall period is for the following school term
or within 2 calendar years from the beginning of the following
school term. Among teachers eligible for recall pursuant to the
preceding sentence, the order of recall must be in inverse
order of dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization.
For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial

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performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement determining
the sequence of dismissal, not including any performance
evaluation conducted during or at the end of a remediation
period. No more than one evaluation rating each school term
shall be one of the evaluation ratings used for the purpose of
determining the sequence of dismissal. Except as otherwise
provided in this subsection for any performance evaluations
conducted during or at the end of a remediation period, if
multiple performance evaluations are conducted in a school
term, only the rating from the last evaluation conducted prior
to establishing the sequence of honorable dismissal list in
such school term shall be the one evaluation rating from that
school term used for the purpose of determining the sequence of
dismissal. Averaging ratings from multiple evaluations is not
permitted unless otherwise agreed to in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization. The preceding 3 sentences are
not a legislative declaration that existing law does or does
not already require that only one performance evaluation each
school term shall be used for the purpose of determining the
sequence of dismissal. For performance evaluation ratings
determined prior to September 1, 2012, any school district or
joint agreement with a performance evaluation rating system
that does not use either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code for

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all teachers must establish a basis for assigning each teacher
a rating that complies with subsection (d) of Section 24A-5 of
this Code for all of the performance evaluation ratings that
are to be used to determine the sequence of dismissal. A
teacher's grouping and ranking on a sequence of honorable
dismissal shall be deemed a part of the teacher's performance
evaluation, and that information shall be disclosed to the
exclusive bargaining representative as part of a sequence of
honorable dismissal list, notwithstanding any laws prohibiting
disclosure of such information. A performance evaluation
rating may be used to determine the sequence of dismissal,
notwithstanding the pendency of any grievance resolution or
arbitration procedures relating to the performance evaluation.
If a teacher has received at least one performance evaluation
rating conducted by the school district or joint agreement
determining the sequence of dismissal and a subsequent
performance evaluation is not conducted in any school year in
which such evaluation is required to be conducted under Section
24A-5 of this Code, the teacher's performance evaluation rating
for that school year for purposes of determining the sequence
of dismissal is deemed Proficient or, on or after September 1,
2019, effective. If a performance evaluation rating is
nullified as the result of an arbitration, administrative
agency, or court determination, then the school district or
joint agreement is deemed to have conducted a performance
evaluation for that school year, but the performance evaluation

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rating may not be used in determining the sequence of
dismissal.
Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) this amendatory Act of the 97th
General Assembly that may conflict with Public Act 97-8 this
amendatory Act of the 97th General Assembly shall remain in
effect through the expiration of such agreement or June 30,
2013, whichever is earlier.
(c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
(1) Prior to September 1, 2019, the The joint committee
must consider and may agree to criteria for excluding from
grouping 2 and placing into grouping 3 a teacher whose last

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2 performance evaluations include a Needs Improvement and
either a Proficient or Excellent.
(2) Prior to September 1, 2019, the The joint committee
must consider and may agree to an alternative definition
for grouping 4, which definition must take into account
prior performance evaluation ratings and may take into
account other factors that relate to the school district's
or program's educational objectives. An alternative
definition for grouping 4 may not permit the inclusion of a
teacher in the grouping with a Needs Improvement or
Unsatisfactory performance evaluation rating on either of
the teacher's last 2 performance evaluation ratings.
(3) The joint committee may agree to including within
the definition of a performance evaluation rating a
performance evaluation rating administered by a school
district or joint agreement other than the school district
or joint agreement determining the sequence of dismissal.
(4) For each school district or joint agreement that
administers performance evaluation ratings that are
inconsistent with either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code,
the school district or joint agreement must consult with
the joint committee on the basis for assigning a rating
that complies with subsection (d) of Section 24A-5 of this
Code to each performance evaluation rating that will be
used in a sequence of dismissal.

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(5) Upon request by a joint committee member submitted
to the employing board by no later than 10 days after the
distribution of the sequence of honorable dismissal list, a
representative of the employing board shall, within 5 days
after the request, provide to members of the joint
committee a list showing the most recent and prior
performance evaluation ratings of each teacher identified
only by length of continuing service in the district or
joint agreement and not by name. If, after review of this
list, a member of the joint committee has a good faith
belief that a disproportionate number of teachers with
greater length of continuing service with the district or
joint agreement have received a recent performance
evaluation rating lower than the prior rating, the member
may request that the joint committee review the list to
assess whether such a trend may exist. Following the joint
committee's review, but by no later than the end of the
applicable school term, the joint committee or any member
or members of the joint committee may submit a report of
the review to the employing board and exclusive bargaining
representative, if any. Nothing in this paragraph (5) shall
impact the order of honorable dismissal or a school
district's or joint agreement's authority to carry out a
dismissal in accordance with subsection (b) of this
Section.
Agreement by the joint committee as to a matter requires

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the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
(d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
(1) If a dismissal of a teacher in contractual
continued service is sought for any reason or cause other

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than an honorable dismissal under subsections (a) or (b) of
this Section or a dismissal sought under Section 24-16.5 of
this Code, including those under Section 10-22.4, the board
must first approve a motion containing specific charges by
a majority vote of all its members. Written notice of such
charges, including a bill of particulars and the teacher's
right to request a hearing, must be mailed to the teacher
and also given to the teacher either by certified mail,
return receipt requested, or personal delivery with
receipt within 5 days of the adoption of the motion. Any
written notice sent on or after July 1, 2012 shall inform
the teacher of the right to request a hearing before a
mutually selected hearing officer, with the cost of the
hearing officer split equally between the teacher and the
board, or a hearing before a board-selected hearing
officer, with the cost of the hearing officer paid by the
board.
Before setting a hearing on charges stemming from
causes that are considered remediable, a board must give
the teacher reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if
the causes have been the subject of a remediation plan
pursuant to Article 24A of this Code.
If, in the opinion of the board, the interests of the
school require it, the board may suspend the teacher

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without pay, pending the hearing, but if the board's
dismissal or removal is not sustained, the teacher shall
not suffer the loss of any salary or benefits by reason of
the suspension.
(2) No hearing upon the charges is required unless the
teacher within 17 days after receiving notice requests in
writing of the board that a hearing be scheduled before a
mutually selected hearing officer or a hearing officer
selected by the board. The secretary of the school board
shall forward a copy of the notice to the State Board of
Education.
(3) Within 5 business days after receiving a notice of
hearing in which either notice to the teacher was sent
before July 1, 2012 or, if the notice was sent on or after
July 1, 2012, the teacher has requested a hearing before a
mutually selected hearing officer, the State Board of
Education shall provide a list of 5 prospective, impartial
hearing officers from the master list of qualified,
impartial hearing officers maintained by the State Board of
Education. Each person on the master list must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience directly related to
labor and employment relations matters between employers
and employees or their exclusive bargaining
representatives and (ii) beginning September 1, 2012, have
participated in training provided or approved by the State

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Board of Education for teacher dismissal hearing officers
so that he or she is familiar with issues generally
involved in evaluative and non-evaluative dismissals.
If notice to the teacher was sent before July 1, 2012
or, if the notice was sent on or after July 1, 2012, the
teacher has requested a hearing before a mutually selected
hearing officer, the board and the teacher or their legal
representatives within 3 business days shall alternately
strike one name from the list provided by the State Board
of Education until only one name remains. Unless waived by
the teacher, the teacher shall have the right to proceed
first with the striking. Within 3 business days of receipt
of the list provided by the State Board of Education, the
board and the teacher or their legal representatives shall
each have the right to reject all prospective hearing
officers named on the list and notify the State Board of
Education of such rejection. Within 3 business days after
receiving this notification, the State Board of Education
shall appoint a qualified person from the master list who
did not appear on the list sent to the parties to serve as
the hearing officer, unless the parties notify it that they
have chosen to alternatively select a hearing officer under
paragraph (4) of this subsection (d).
If the teacher has requested a hearing before a hearing
officer selected by the board, the board shall select one
name from the master list of qualified impartial hearing

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officers maintained by the State Board of Education within
3 business days after receipt and shall notify the State
Board of Education of its selection.
A hearing officer mutually selected by the parties,
selected by the board, or selected through an alternative
selection process under paragraph (4) of this subsection
(d) (A) must not be a resident of the school district, (B)
must be available to commence the hearing within 75 days
and conclude the hearing within 120 days after being
selected as the hearing officer, and (C) must issue a
decision as to whether the teacher must be dismissed and
give a copy of that decision to both the teacher and the
board within 30 days from the conclusion of the hearing or
closure of the record, whichever is later.
(4) In the alternative to selecting a hearing officer
from the list received from the State Board of Education or
accepting the appointment of a hearing officer by the State
Board of Education or if the State Board of Education
cannot provide a list or appoint a hearing officer that
meets the foregoing requirements, the board and the teacher
or their legal representatives may mutually agree to select
an impartial hearing officer who is not on the master list
either by direct appointment by the parties or by using
procedures for the appointment of an arbitrator
established by the Federal Mediation and Conciliation
Service or the American Arbitration Association. The

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parties shall notify the State Board of Education of their
intent to select a hearing officer using an alternative
procedure within 3 business days of receipt of a list of
prospective hearing officers provided by the State Board of
Education, notice of appointment of a hearing officer by
the State Board of Education, or receipt of notice from the
State Board of Education that it cannot provide a list that
meets the foregoing requirements, whichever is later.
(5) If the notice of dismissal was sent to the teacher
before July 1, 2012, the fees and costs for the hearing
officer must be paid by the State Board of Education. If
the notice of dismissal was sent to the teacher on or after
July 1, 2012, the hearing officer's fees and costs must be
paid as follows in this paragraph (5). The fees and
permissible costs for the hearing officer must be
determined by the State Board of Education. If the board
and the teacher or their legal representatives mutually
agree to select an impartial hearing officer who is not on
a list received from the State Board of Education, they may
agree to supplement the fees determined by the State Board
to the hearing officer, at a rate consistent with the
hearing officer's published professional fees. If the
hearing officer is mutually selected by the parties, then
the board and the teacher or their legal representatives
shall each pay 50% of the fees and costs and any
supplemental allowance to which they agree. If the hearing

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officer is selected by the board, then the board shall pay
100% of the hearing officer's fees and costs. The fees and
costs must be paid to the hearing officer within 14 days
after the board and the teacher or their legal
representatives receive the hearing officer's decision set
forth in paragraph (7) of this subsection (d).
(6) The teacher is required to answer the bill of
particulars and aver affirmative matters in his or her
defense, and the time for initially doing so and the time
for updating such answer and defenses after pre-hearing
discovery must be set by the hearing officer. The State
Board of Education shall promulgate rules so that each
party has a fair opportunity to present its case and to
ensure that the dismissal process proceeds in a fair and
expeditious manner. These rules shall address, without
limitation, discovery and hearing scheduling conferences;
the teacher's initial answer and affirmative defenses to
the bill of particulars and the updating of that
information after pre-hearing discovery; provision for
written interrogatories and requests for production of
documents; the requirement that each party initially
disclose to the other party and then update the disclosure
no later than 10 calendar days prior to the commencement of
the hearing, the names and addresses of persons who may be
called as witnesses at the hearing, a summary of the facts
or opinions each witness will testify to, and all other

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documents and materials, including information maintained
electronically, relevant to its own as well as the other
party's case (the hearing officer may exclude witnesses and
exhibits not identified and shared, except those offered in
rebuttal for which the party could not reasonably have
anticipated prior to the hearing); pre-hearing discovery
and preparation, including provision for written
interrogatories and requests for production of documents,
provided that discovery depositions are prohibited; the
conduct of the hearing; the right of each party to be
represented by counsel, the offer of evidence and witnesses
and the cross-examination of witnesses; the authority of
the hearing officer to issue subpoenas and subpoenas duces
tecum, provided that the hearing officer may limit the
number of witnesses to be subpoenaed on behalf of each
party to no more than 7; the length of post-hearing briefs;
and the form, length, and content of hearing officers'
decisions. The hearing officer shall hold a hearing and
render a final decision for dismissal pursuant to Article
24A of this Code or shall report to the school board
findings of fact and a recommendation as to whether or not
the teacher must be dismissed for conduct. The hearing
officer shall commence the hearing within 75 days and
conclude the hearing within 120 days after being selected
as the hearing officer, provided that the hearing officer
may modify these timelines upon the showing of good cause

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or mutual agreement of the parties. Good cause for the
purpose of this subsection (d) shall mean the illness or
otherwise unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing
pursuant to Article 24A of this Code, the hearing officer
shall consider and give weight to all of the teacher's
evaluations written pursuant to Article 24A that are
relevant to the issues in the hearing.
Each party shall have no more than 3 days to present
its case, unless extended by the hearing officer to enable
a party to present adequate evidence and testimony,
including due to the other party's cross-examination of the
party's witnesses, for good cause or by mutual agreement of
the parties. The State Board of Education shall define in
rules the meaning of "day" for such purposes. All testimony
at the hearing shall be taken under oath administered by
the hearing officer. The hearing officer shall cause a
record of the proceedings to be kept and shall employ a
competent reporter to take stenographic or stenotype notes
of all the testimony. The costs of the reporter's
attendance and services at the hearing shall be paid by the
party or parties who are responsible for paying the fees
and costs of the hearing officer. Either party desiring a
transcript of the hearing shall pay for the cost thereof.

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Any post-hearing briefs must be submitted by the parties by
no later than 21 days after a party's receipt of the
transcript of the hearing, unless extended by the hearing
officer for good cause or by mutual agreement of the
parties.
(7) The hearing officer shall, within 30 days from the
conclusion of the hearing or closure of the record,
whichever is later, make a decision as to whether or not
the teacher shall be dismissed pursuant to Article 24A of
this Code or report to the school board findings of fact
and a recommendation as to whether or not the teacher shall
be dismissed for cause and shall give a copy of the
decision or findings of fact and recommendation to both the
teacher and the school board. If a hearing officer fails
without good cause, specifically provided in writing to
both parties and the State Board of Education, to render a
decision or findings of fact and recommendation within 30
days after the hearing is concluded or the record is
closed, whichever is later, the parties may mutually agree
to select a hearing officer pursuant to the alternative
procedure, as provided in this Section, to rehear the
charges heard by the hearing officer who failed to render a
decision or findings of fact and recommendation or to
review the record and render a decision. If any hearing
officer fails without good cause, specifically provided in
writing to both parties and the State Board of Education,

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to render a decision or findings of fact and recommendation
within 30 days after the hearing is concluded or the record
is closed, whichever is later, the hearing officer shall be
removed from the master list of hearing officers maintained
by the State Board of Education for not more than 24
months. The parties and the State Board of Education may
also take such other actions as it deems appropriate,
including recovering, reducing, or withholding any fees
paid or to be paid to the hearing officer. If any hearing
officer repeats such failure, he or she must be permanently
removed from the master list maintained by the State Board
of Education and may not be selected by parties through the
alternative selection process under this paragraph (7) or
paragraph (4) of this subsection (d). The board shall not
lose jurisdiction to discharge a teacher if the hearing
officer fails to render a decision or findings of fact and
recommendation within the time specified in this Section.
If the decision of the hearing officer for dismissal
pursuant to Article 24A of this Code or of the school board
for dismissal for cause is in favor of the teacher, then
the hearing officer or school board shall order
reinstatement to the same or substantially equivalent
position and shall determine the amount for which the
school board is liable, including, but not limited to, loss
of income and benefits.
(8) The school board, within 45 days after receipt of

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the hearing officer's findings of fact and recommendation
as to whether (i) the conduct at issue occurred, (ii) the
conduct that did occur was remediable, and (iii) the
proposed dismissal should be sustained, shall issue a
written order as to whether the teacher must be retained or
dismissed for cause from its employ. The school board's
written order shall incorporate the hearing officer's
findings of fact, except that the school board may modify
or supplement the findings of fact if, in its opinion, the
findings of fact are against the manifest weight of the
evidence.
If the school board dismisses the teacher
notwithstanding the hearing officer's findings of fact and
recommendation, the school board shall make a conclusion in
its written order, giving its reasons therefor, and such
conclusion and reasons must be included in its written
order. The failure of the school board to strictly adhere
to the timelines contained in this Section shall not render
it without jurisdiction to dismiss the teacher. The school
board shall not lose jurisdiction to discharge the teacher
for cause if the hearing officer fails to render a
recommendation within the time specified in this Section.
The decision of the school board is final, unless reviewed
as provided in paragraph (9) of this subsection (d).
If the school board retains the teacher, the school
board shall enter a written order stating the amount of

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back pay and lost benefits, less mitigation, to be paid to
the teacher, within 45 days after its retention order.
Should the teacher object to the amount of the back pay and
lost benefits or amount mitigated, the teacher shall give
written objections to the amount within 21 days. If the
parties fail to reach resolution within 7 days, the dispute
shall be referred to the hearing officer, who shall
consider the school board's written order and teacher's
written objection and determine the amount to which the
school board is liable. The costs of the hearing officer's
review and determination must be paid by the board.
(9) The decision of the hearing officer pursuant to
Article 24A of this Code or of the school board's decision
to dismiss for cause is final unless reviewed as provided
in Section 24-16 of this Code Act. If the school board's
decision to dismiss for cause is contrary to the hearing
officer's recommendation, the court on review shall give
consideration to the school board's decision and its
supplemental findings of fact, if applicable, and the
hearing officer's findings of fact and recommendation in
making its decision. In the event such review is
instituted, the school board shall be responsible for
preparing and filing the record of proceedings, and such
costs associated therewith must be divided equally between
the parties.
(10) If a decision of the hearing officer for dismissal

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pursuant to Article 24A of this Code or of the school board
for dismissal for cause is adjudicated upon review or
appeal in favor of the teacher, then the trial court shall
order reinstatement and shall remand the matter to the
school board with direction for entry of an order setting
the amount of back pay, lost benefits, and costs, less
mitigation. The teacher may challenge the school board's
order setting the amount of back pay, lost benefits, and
costs, less mitigation, through an expedited arbitration
procedure, with the costs of the arbitrator borne by the
school board.
Any teacher who is reinstated by any hearing or
adjudication brought under this Section shall be assigned
by the board to a position substantially similar to the one
which that teacher held prior to that teacher's suspension
or dismissal.
(11) Subject to any later effective date referenced in
this Section for a specific aspect of the dismissal
process, the changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011. Any
dismissal instituted prior to September 1, 2011 must be
carried out in accordance with the requirements of this
Section prior to amendment by Public Act 97-8.
(e) Nothing contained in Public Act 98-648 this amendatory
Act of the 98th General Assembly repeals, supersedes,
invalidates, or nullifies final decisions in lawsuits pending

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on July 1, 2014 (the effective date of Public Act 98-648) this
amendatory Act of the 98th General Assembly in Illinois courts
involving the interpretation of Public Act 97-8.
(Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19;
revised 9-28-18.)
(105 ILCS 5/24-16.5)
Sec. 24-16.5. Optional alternative evaluative dismissal
process for PERA evaluations.
(a) As used in this Section:
"Applicable hearing requirements" means (i) for any school
district having less than 500,000 inhabitants or a program of a
special education joint agreement, those procedures and
requirements relating to a teacher's request for a hearing,
selection of a hearing officer, pre-hearing and hearing
procedures, and post-hearing briefs set forth in paragraphs (1)
through (6) of subsection (d) of Section 24-12 of this Code or
(ii) for a school district having 500,000 inhabitants or more,
those procedures and requirements relating to a teacher's
request for a hearing, selection of a hearing officer,
pre-hearing and hearing procedures, and post-hearing briefs
set forth in paragraphs (1) through (5) of subsection (a) of
Section 34-85 of this Code.
"Board" means, for a school district having less than
500,000 inhabitants or a program of a special education joint
agreement, the board of directors, board of education, or board

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of school inspectors, as the case may be. For a school district
having 500,000 inhabitants or more, "board" means the Chicago
Board of Education.
"Evaluator" means an evaluator, as defined in Section
24A-2.5 of this Code, who has successfully completed the
pre-qualification program described in subsection (b) of
Section 24A-3 of this Code.
"PERA-trained board member" means a member of a board that
has completed a training program on PERA evaluations either
administered or approved by the State Board of Education.
"PERA evaluation" means a performance evaluation of a
teacher after the implementation date of an evaluation system
for teachers, as specified by Section 24A-2.5 of this Code,
using a performance evaluation instrument and process that
meets the minimum requirements for teacher evaluation
instruments and processes set forth in rules adopted by the
State Board of Education to implement Public Act 96-861.
"Remediation" means the remediation plan, mid-point and
final evaluations, and related processes and requirements set
forth in subdivisions (i), (j), and (k) of Section 24A-5 of
this Code.
"School district" means a school district or a program of a
special education joint agreement.
"Second evaluator" means an evaluator who either conducts
the mid-point and final remediation evaluation or conducts an
independent assessment of whether the teacher completed the

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remediation plan with a rating equal to or better than a
"Proficient" rating or, on and after September 1, 2019, equal
to an "effective" rating, all in accordance with subdivision
(c) of this Section.
"Student growth components" means the components of a
performance evaluation plan described in subdivision (c) of
Section 24A-5 of this Code, as may be supplemented by
administrative rules adopted by the State Board of Education.
"Teacher practice components" means the components of a
performance evaluation plan described in subdivisions (a) and
(b) of Section 24A-5 of this Code, as may be supplemented by
administrative rules adopted by the State Board of Education.
"Teacher representatives" means the exclusive bargaining
representative of a school district's teachers or, if no
exclusive bargaining representatives exists, a representative
committee selected by teachers.
(b) This Section applies to all school districts, including
those having 500,000 or more inhabitants. The optional
dismissal process set forth in this Section is an alternative
to those set forth in Sections 24-12 and 34-85 of this Code.
Nothing in this Section is intended to change the existing
practices or precedents under Section 24-12 or 34-85 of this
Code, nor shall this Section be interpreted as implying
standards and procedures that should or must be used as part of
a remediation that precedes a dismissal sought under Section
24-12 or 34-85 of this Code.

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A board may dismiss a teacher who has entered upon
contractual continued service under this Section if the
following are met:
(1) the cause of dismissal is that the teacher has
failed to complete a remediation plan with a rating equal
to or better than a "Proficient" or, on and after September
1, 2019, "effective" rating;
(2) the "Unsatisfactory" or, on and after September 1,
2019, "ineffective" performance evaluation rating that
preceded remediation resulted from a PERA evaluation; and
(3) the school district has complied with subsection
(c) of this Section.
A school district may not, through agreement with a teacher
or its teacher representatives, waive its right to dismiss a
teacher under this Section.
(c) Each school district electing to use the dismissal
process set forth in this Section must comply with the
pre-remediation and remediation activities and requirements
set forth in this subsection (c).
(1) Before a school district's first remediation
relating to a dismissal under this Section, the school
district must create and establish a list of at least 2
evaluators who will be available to serve as second
evaluators under this Section. The school district shall
provide its teacher representatives with an opportunity to
submit additional names of teacher evaluators who will be

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available to serve as second evaluators and who will be
added to the list created and established by the school
district, provided that, unless otherwise agreed to by the
school district, the teacher representatives may not
submit more teacher evaluators for inclusion on the list
than the number of evaluators submitted by the school
district. Each teacher evaluator must either have (i)
National Board of Professional Teaching Standards
certification, with no "Unsatisfactory" or "Needs
Improvement" or, on and after September 1, 2019,
"ineffective" performance evaluating ratings in his or her
2 most recent performance evaluation ratings; or (ii)
"Excellent" or, on and after September 1, 2019, "effective"
performance evaluation ratings in 2 of his or her 3 most
recent performance evaluations, with no "Needs
Improvement" or "Unsatisfactory" or, on and after
September 1, 2019, "ineffective" performance evaluation
ratings in his or her last 3 ratings. If the teacher
representatives do not submit a list of teacher evaluators
within 21 days after the school district's request, the
school district may proceed with a remediation using a list
that includes only the school district's selections.
Either the school district or the teacher representatives
may revise or add to their selections for the list at any
time with notice to the other party, subject to the
limitations set forth in this paragraph (1).

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(2) Before a school district's first remediation
relating to a dismissal under this Section, the school
district shall, in good faith cooperation with its teacher
representatives, establish a process for the selection of a
second evaluator from the list created pursuant to
paragraph (1) of this subsection (c). Such process may be
amended at any time in good faith cooperation with the
teacher representatives. If the teacher representatives
are given an opportunity to cooperate with the school
district and elect not to do so, the school district may,
at its discretion, establish or amend the process for
selection. Before the hearing officer and as part of any
judicial review of a dismissal under this Section, a
teacher may not challenge a remediation or dismissal on the
grounds that the process used by the school district to
select a second evaluator was not established in good faith
cooperation with its teacher representatives.
(3) For each remediation preceding a dismissal under
this Section, the school district shall select a second
evaluator from the list of second evaluators created
pursuant to paragraph (1) of this subsection (c), using the
selection process established pursuant to paragraph (2) of
this subsection (c). The selected second evaluator may not
be the same individual who determined the teacher's
"Unsatisfactory" or, on and after September 1, 2019,
"ineffective" performance evaluation rating preceding

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remediation, and, if the second evaluator is an
administrator, may not be a direct report to the individual
who determined the teacher's "Unsatisfactory" or, on and
after September 1, 2019, "ineffective" performance
evaluation rating preceding remediation. The school
district's authority to select a second evaluator from the
list of second evaluators must not be delegated or limited
through any agreement with the teacher representatives,
provided that nothing shall prohibit a school district and
its teacher representatives from agreeing to a formal peer
evaluation process as permitted under Article 24A of this
Code that could be used to meet the requirements for the
selection of second evaluators under this subsection (c).
(4) The second evaluator selected pursuant to
paragraph (3) of this subsection (c) must either (i)
conduct the mid-point and final evaluation during
remediation or (ii) conduct an independent assessment of
whether the teacher completed the remediation plan with a
rating equal to or better than a "Proficient" or, on and
after September 1, 2019, "effective" rating, which
independent assessment shall include, but is not limited
to, personal or video-recorded observations of the teacher
that relate to the teacher practice components of the
remediation plan. Nothing in this subsection (c) shall be
construed to limit or preclude the participation of the
evaluator who rated a teacher as "Unsatisfactory" or, on

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and after September 1, 2019, "ineffective" in remediation.
(d) To institute a dismissal proceeding under this Section,
the board must first provide written notice to the teacher
within 30 days after the completion of the final remediation
evaluation. The notice shall comply with the applicable hearing
requirements and, in addition, must specify that dismissal is
sought under this Section and include a copy of each
performance evaluation relating to the scope of the hearing as
described in this subsection (d).
The applicable hearing requirements shall apply to the
teacher's request for a hearing, the selection and
qualifications of the hearing officer, and pre-hearing and
hearing procedures, except that all of the following must be
met:
(1) The hearing officer must, in addition to meeting
the qualifications set forth in the applicable hearing
requirements, have successfully completed the
pre-qualification program described in subsection (b) of
Section 24A-3 of this Code, unless the State Board of
Education waives this requirement to provide an adequate
pool of hearing officers for consideration.
(2) The scope of the hearing must be limited as
follows:
(A) The school district must demonstrate the
following:
(i) that the "Unsatisfactory" or, on and after

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September 1, 2019, "ineffective" performance
evaluation rating that preceded remediation
applied the teacher practice components and
student growth components and determined an
overall evaluation rating of "Unsatisfactory" or,
on and after September 1, 2019, "ineffective" in
accordance with the standards and requirements of
the school district's evaluation plan;
(ii) that the remediation plan complied with
the requirements of Section 24A-5 of this Code;
(iii) that the teacher failed to complete the
remediation plan with a performance evaluation
rating equal to or better than a "Proficient" or,
on and after September 1, 2019, "effective"
rating, based upon a final remediation evaluation
meeting the applicable standards and requirements
of the school district's evaluation plan; and
(iv) that if the second evaluator selected
pursuant to paragraph (3) of subsection (c) of this
Section does not conduct the mid-point and final
evaluation and makes an independent assessment
that the teacher completed the remediation plan
with a rating equal to or better than a
"Proficient" or, on and after September 1, 2019,
"effective" rating, the school district must
demonstrate that the final remediation evaluation

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is a more valid assessment of the teacher's
performance than the assessment made by the second
evaluator.
(B) The teacher may only challenge the substantive
and procedural aspects of (i) the "Unsatisfactory" or,
on and after September 1, 2019, "ineffective"
performance evaluation rating that led to the
remediation, (ii) the remediation plan, and (iii) the
final remediation evaluation. To the extent the
teacher challenges procedural aspects, including any
in applicable collective bargaining agreement
provisions, of a relevant performance evaluation
rating or the remediation plan, the teacher must
demonstrate how an alleged procedural defect
materially affected the teacher's ability to
demonstrate a level of performance necessary to avoid
remediation or dismissal or successfully complete the
remediation plan. Without any such material effect, a
procedural defect shall not impact the assessment by
the hearing officer, board, or reviewing court of the
validity of a performance evaluation or a remediation
plan.
(C) The hearing officer shall only consider and
give weight to performance evaluations relevant to the
scope of the hearing as described in clauses (A) and
(B) of this subdivision (2).

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(3) Each party shall be given only 2 days to present
evidence and testimony relating to the scope of the
hearing, unless a longer period is mutually agreed to by
the parties or deemed necessary by the hearing officer to
enable a party to present adequate evidence and testimony
to address the scope of the hearing, including due to the
other party's cross-examination of the party's witnesses.
(e) The provisions of Sections 24-12 and 34-85 pertaining
to the decision or recommendation of the hearing officer do not
apply to dismissal proceedings under this Section. For any
dismissal proceedings under this Section, the hearing officer
shall not issue a decision, and shall issue only findings of
fact and a recommendation, including the reasons therefor, to
the board to either retain or dismiss the teacher and shall
give a copy of the report to both the teacher and the
superintendent of the school district. The hearing officer's
findings of fact and recommendation must be issued within 30
days from the close of the record of the hearing.
The State Board of Education shall adopt rules regarding
the length of the hearing officer's findings of fact and
recommendation. If a hearing officer fails without good cause,
specifically provided in writing to both parties and the State
Board of Education, to render a recommendation within 30 days
after the hearing is concluded or the record is closed,
whichever is later, the parties may mutually agree to select a
hearing officer pursuant to the alternative procedure, as

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provided in Section 24-12 or 34-85, to rehear the charges heard
by the hearing officer who failed to render a recommendation or
to review the record and render a recommendation. If any
hearing officer fails without good cause, specifically
provided in writing to both parties and the State Board of
Education, to render a recommendation within 30 days after the
hearing is concluded or the record is closed, whichever is
later, the hearing officer shall be removed from the master
list of hearing officers maintained by the State Board of
Education for not more than 24 months. The parties and the
State Board of Education may also take such other actions as it
deems appropriate, including recovering, reducing, or
withholding any fees paid or to be paid to the hearing officer.
If any hearing officer repeats such failure, he or she shall be
permanently removed from the master list of hearing officers
maintained by the State Board of Education.
(f) The board, within 45 days after receipt of the hearing
officer's findings of fact and recommendation, shall decide,
through adoption of a written order, whether the teacher must
be dismissed from its employ or retained, provided that only
PERA-trained board members may participate in the vote with
respect to the decision.
If the board dismisses the teacher notwithstanding the
hearing officer's recommendation of retention, the board shall
make a conclusion, giving its reasons therefor, and such
conclusion and reasons must be included in its written order.

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The failure of the board to strictly adhere to the timelines
contained in this Section does not render it without
jurisdiction to dismiss the teacher. The board shall not lose
jurisdiction to discharge the teacher if the hearing officer
fails to render a recommendation within the time specified in
this Section. The decision of the board is final, unless
reviewed as provided in subsection (g) of this Section.
If the board retains the teacher, the board shall enter a
written order stating the amount of back pay and lost benefits,
less mitigation, to be paid to the teacher, within 45 days of
its retention order.
(g) A teacher dismissed under this Section may apply for
and obtain judicial review of a decision of the board in
accordance with the provisions of the Administrative Review
Law, except as follows:
(1) for a teacher dismissed by a school district having
500,000 inhabitants or more, such judicial review must be
taken directly to the appellate court of the judicial
district in which the board maintains its primary
administrative office, and any direct appeal to the
appellate court must be filed within 35 days from the date
that a copy of the decision sought to be reviewed was
served upon the teacher;
(2) for a teacher dismissed by a school district having
less than 500,000 inhabitants after the hearing officer
recommended dismissal, such judicial review must be taken

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directly to the appellate court of the judicial district in
which the board maintains its primary administrative
office, and any direct appeal to the appellate court must
be filed within 35 days from the date that a copy of the
decision sought to be reviewed was served upon the teacher;
and
(3) for all school districts, if the hearing officer
recommended dismissal, the decision of the board may be
reversed only if it is found to be arbitrary, capricious,
an abuse of discretion, or not in accordance with law.
In the event judicial review is instituted by a teacher,
any costs of preparing and filing the record of proceedings
must be paid by the teacher. If a decision of the board is
adjudicated upon judicial review in favor of the teacher, then
the court shall remand the matter to the board with direction
for entry of an order setting the amount of back pay, lost
benefits, and costs, less mitigation. The teacher may challenge
the board's order setting the amount of back pay, lost
benefits, and costs, less mitigation, through an expedited
arbitration procedure with the costs of the arbitrator borne by
the board.
(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
(105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
Sec. 24A-4. Development of evaluation plan.
(a) As used in this and the succeeding Sections, "teacher"

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means any and all school district employees regularly required
to be certified under laws relating to the certification of
teachers. Each school district shall develop, in cooperation
with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan
for all teachers.
(b) By no later than the applicable implementation date,
each school district may shall, in good faith cooperation with
its teachers or, where applicable, the exclusive bargaining
representatives of its teachers, incorporate the use of data
and indicators on student growth as a significant factor in
rating teaching performance, into its evaluation plan for all
teachers, both those teachers in contractual continued service
and those teachers not in contractual continued service. The
plan may shall at least meet the standards and requirements for
student growth and teacher evaluation established under
Section 24A-7, and specifically describe how student growth
data and indicators will be used as part of the evaluation
process, how this information will relate to evaluation
standards, the assessments or other indicators of student
performance that will be used in measuring student growth and
the weight that each will have, the methodology that will be
used to measure student growth, and the criteria other than
student growth that will be used in evaluating the teacher and
the weight that each will have.
To incorporate the use of data and indicators of student

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growth as a significant factor in rating teacher performance
into the evaluation plan, the district shall use a joint
committee composed of equal representation selected by the
district and its teachers or, where applicable, the exclusive
bargaining representative of its teachers. If, within 180
calendar days of the committee's first meeting, the committee
does not reach agreement on the plan, then the district shall
implement the model evaluation plan established under Section
24A-7 with respect to the use of data and indicators on student
growth as a significant factor in rating teacher performance.
Nothing in this subsection (b) shall make decisions on the
use of data and indicators on student growth as a significant
factor in rating teaching performance mandatory subjects of
bargaining under the Illinois Educational Labor Relations Act
that are not currently mandatory subjects of bargaining under
the Act.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee formed under this subsection (b).
(c) Notwithstanding anything to the contrary in subsection
(b) of this Section, if the joint committee referred to in that
subsection does not reach agreement on the plan within 90
calendar days after the committee's first meeting, a school
district having 500,000 or more inhabitants shall not be
required to implement any aspect of the model evaluation plan
and may implement its last best proposal.
(d) Beginning the first school year following the effective

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date of this amendatory Act of the 100th General Assembly, the
joint committee referred to in subsection (b) of this Section
shall meet no less than one time annually to assess and review
the effectiveness of the district's evaluation plan for the
purposes of continuous improvement of instruction and
evaluation practices.
(e) The use of data and indicators for student growth shall
cease to be a requirement of teacher evaluations beginning no
later than the 2019-2020 school year or sooner if the school
district and its teachers or, if applicable, the exclusive
bargaining representative of its teachers agree. Continued use
of student growth measures in the 2019-2020 school year and any
subsequent school years must be agreed to by both the district
and the teachers or, if applicable, the exclusive bargaining
representative of its teachers. On or after September 1, 2019,
the joint committee referred to in subsection (b) of this
Section shall develop differentiated professional development
opportunities based on the outcomes of the district's
evaluation plan. Professional development opportunities shall
take into account ongoing professional responsibilities,
including regular teaching assignments, and include support
and resources the district is to provide to strengthen the
district's instructional program. Nothing in Section 24A-5 of
this Code prevents the district and its teachers or, if
applicable, the exclusive bargaining representative of its
teachers from establishing additional rating categories for

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school district professional development purposes.
(Source: P.A. 100-768, eff. 1-1-19.)
(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 school years.
By no later than September 1, 2012, 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) 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" or, on or after September
1, 2019, "ineffective" must be evaluated at least once in
the school year following the receipt of such rating.
Notwithstanding anything to the contrary in this Section or

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any other Section of the School 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
school years, then a new 2-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 may be as a
significant factor in the rating of the teacher's
performance.

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(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, 2019 2012, rating of the
performance of all teachers as "excellent", "proficient",
or "needs improvement" shall be considered "effective" and
rating of the performance of all teachers as or
"unsatisfactory" shall be considered "ineffective".
(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) prior to September 1, 2019, 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

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areas identified as needing improvement.
(i) within 30 school days after completion of an
evaluation rating a teacher in contractual continued
service as "unsatisfactory" or, on or after September 1,
2019, "ineffective", 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" or, on or after September 1, 2019,
"ineffective", an evaluator, and a consulting teacher
selected by the evaluator of the teacher who was rated
"unsatisfactory" or, on or after September 1, 2019,
"ineffective". The criteria for a which consulting teacher

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shall include, but not be limited to, being is an
educational employee as defined in the Educational Labor
Relations Act, having has at least 5 years' teaching
experience, and a reasonable familiarity with the
assignment of the teacher being evaluated, and having who
received an "excellent" rating or, on or after September 1,
2019, an "effective" 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. The district, in consultation
with the joint committee referred to in subsection (b) of
Section 24A-4 of this Code, shall select the consulting
teacher from this roster. In the event of a dispute as to
qualification, the State Board shall determine
qualification.

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(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" or, on or after
September 1, 2019, "ineffective" 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

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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,
on or after September 1, 2019, "effective" or
"unsatisfactory" or, on or after September 1, 2019,
"ineffective".
(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" or, on or after September 1,
2019, "effective" 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

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service successfully completes a remediation plan
following a rating of "unsatisfactory" or, on or after
September 1, 2019, "ineffective" in an annual or biennial
overall performance evaluation received after the
foregoing implementation date and receives a subsequent
rating of "unsatisfactory" or, on or after September 1,
2019, "ineffective" in any of the teacher's annual or
biennial 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.
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

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date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
eff. 7-1-14.)
(105 ILCS 5/24A-5.5 new)
Sec. 24A-5.5. Local appeal process for ineffective
ratings. Beginning with for the first school year following the
effective date of this amendatory Act of the 101st General
Assembly, each school district shall, in good faith cooperation
with its teachers or, if applicable, through good faith
bargaining with the exclusive bargaining representative of its
teachers develop and implement an appeals process for
"ineffective" ratings that includes, but is not limited to, an
assessment of the original rating by a panel of qualified
evaluators agreed to by the joint committee referred to in
subsection (b) of Section 24A-4 of this Code and that has the
power to reevaluate and re-rate a teacher who appeals. The
joint committee shall determine the criteria for successful
appeals.
(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
Sec. 24A-7. Rules. 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

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Article, including, but not limited to, rules (i) relating to
the methods for measuring student growth (including, but not
limited to, limitations on the age of usable useable 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), (ii) defining
the term "significant factor" for purposes of including
consideration of student growth in performance ratings, (iii)
controlling for such factors as student characteristics
(including, but not limited to, students receiving special
education and English Language 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, (iv) establishing
minimum requirements for district teacher and principal
evaluation instruments and procedures, and (v) establishing a
model evaluation plan for use by school districts in which
student growth shall comprise 50% of the performance rating.
Notwithstanding any 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.
The State Superintendent of Education shall convene a
Performance Evaluation Advisory Council, which shall be

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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 the effective date of this amendatory Act of the
100th General Assembly until June 30, 2021. 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.
Prior to the applicable implementation date, 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. 100-211, eff. 8-18-17.)
(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

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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

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teacher's last 2 ratings in the prior district or program were
at least "proficient" or, on or after September 1, 2019,
"effective" 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" or, on or after September 1, 2019, "effective"
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" or, on or after September 1, 2019,
"effective" in the last school term and a rating of at least
"proficient" or, on or after September 1, 2019, "effective" 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

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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.
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.)
(105 ILCS 5/34-85c)
Sec. 34-85c. Alternative procedures for teacher
evaluation, remediation, and removal for cause after
remediation.
(a) Notwithstanding any law to the contrary, the board and
the exclusive representative of the district's teachers are
hereby authorized to negotiate and enter into an agreement to
establish alternative procedures for teacher evaluation,
remediation, and removal for cause after remediation,
including an alternative system for peer evaluation and
recommendations; provided, however, that no later than

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September 1, 2012: (i) any alternative procedures must include
provisions whereby student performance data is a significant
factor in teacher evaluation, except that, on and after
September 1, 2019, such provisions may be included, and (ii)
teachers are rated as "excellent", "proficient", "needs
improvement" or "unsatisfactory" until September 1, 2019, on
and after which time the ratings shall be "ineffective" and
"effective". Pursuant exclusively to that agreement, teachers
assigned to schools identified in that agreement shall be
subject to an alternative performance evaluation plan and
remediation procedures in lieu of the plan and procedures set
forth in Article 24A of this Code, other than subsection (d) of
Section 24A-4, and alternative removal for cause standards and
procedures in lieu of the removal standards and procedures set
forth in Section 34-85 of this Code. To the extent that the
agreement provides a teacher with an opportunity for a hearing
on removal for cause before an independent hearing officer in
accordance with Section 34-85 or otherwise, the hearing officer
shall be governed by the alternative performance evaluation
plan, remediation procedures, and removal standards and
procedures set forth in the agreement in making findings of
fact and a recommendation.
(b) The board and the exclusive representative of the
district's teachers shall submit a certified copy of an
agreement as provided under subsection (a) of this Section to
the State Board of Education.

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(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.