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09/22/89 Kenneth E. Powell, v. Board of Education of the

September 22, 1989

KENNETH E. POWELL, APPELLEE

v.

BOARD OF EDUCATION OF THE CITY OF PEORIA, DISTRICT 150, ET AL., APPELLANTS



APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

545 N.E.2d 767, 189 Ill. App. 3d 802, 137 Ill. Dec. 114 1989.IL.1471

Appeal from the Circuit Court of Peoria County; the Hon. William J. Voelker, Jr., Judge, presiding

APPELLATE Judges:

JUSTICE HEIPLE delivered the opinion of the court. WOMBACHER, P.J., and SCOTT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HEIPLE

This case of first impression arises under article 24A of the School Code (Ill. Rev. Stat. 1987, ch. 122, par. 24A-1 et seq.), more particularly section 24A-5. We are required to decide what, if any, role remains under article 24A, effective September 25, 1985, for the school board in remediation for unsatisfactory teachers, and discharge of such teachers if remediation fails. The applicable statute, section 24A-5, provides in relevant part:

"§ 24A-5. Content of evaluation plans. 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, beginning with the 1986-87 school year.

The evaluation plan shall comply wth 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.

The plan may provide for evaluation of personnel whose positions require administrative certification by independent evaluators not employed by or affiliated with the school district. The results of the school district administrators' evaluations shall be reported to the employing school board, together with such recommendations for remediation as the evaluator or evaluators may deem appropriate.

Evaluation of teachers whose positions do not require administrative certification shall be conducted by an administrator qualified under Section 24A-3 and shall include at least the following components:

(a) personal observation of the teacher in the classroom by a district administrator, qualified under Section 24A-3 , unless the teacher has no classroom duties.

(b) consideration of the teacher's attendance, planning, and instructional methods, classroom management, where relevant, and competency in the ...


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