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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3815 Introduced 2/14/2020, by Sen. Jennifer Bertino-Tarrant SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/24A-5 | from Ch. 122, par. 24A-5 |
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Amends the School Code. In a provision concerning teacher evaluation plans, provides that for teachers not in contractual continued service who participate in a new teacher induction and mentoring program established by the school district in which they are employed, non-evaluative mentor observation and feedback may be used as part of the evaluation plan.
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| | A BILL FOR |
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| | SB3815 | | LRB101 18637 NHT 68092 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 24A-5 as follows: |
6 | | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) |
7 | | Sec. 24A-5. Content of evaluation plans. This Section does |
8 | | not apply to teachers assigned to schools identified in an |
9 | | agreement entered into between the board of a school district |
10 | | operating under Article 34 of this Code and the exclusive |
11 | | representative of the district's teachers in accordance with |
12 | | Section 34-85c of this Code.
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13 | | Each school district to
which this Article applies shall |
14 | | establish a teacher evaluation plan
which ensures that each |
15 | | teacher in contractual continued service
is evaluated at least |
16 | | once in the course of every 2 school years. |
17 | | By no later than September 1, 2012, each school district |
18 | | shall establish a teacher evaluation plan that ensures that: |
19 | | (1) each teacher not in contractual continued service |
20 | | is evaluated at least once every school year; and |
21 | | (2) each teacher in contractual continued service is |
22 | | evaluated at least once in the course of every 2 school |
23 | | years. However, any teacher in contractual continued |
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1 | | service whose performance is rated as either "needs |
2 | | improvement" or "unsatisfactory" must be evaluated at |
3 | | least once in the school year following the receipt of such |
4 | | rating. |
5 | | Notwithstanding anything to the contrary in this Section or |
6 | | any other Section of the School Code, a principal shall not be |
7 | | prohibited from evaluating any teachers within a school during |
8 | | his or her first year as principal of such school. If a |
9 | | first-year principal exercises this option in a school district |
10 | | where the evaluation plan provides for a teacher in contractual |
11 | | continued service to be evaluated once in the course of every 2 |
12 | | school years, then a new 2-year evaluation plan must be |
13 | | established. |
14 | | For teachers not in contractual continued service who |
15 | | participate in a new teacher induction and mentoring program |
16 | | established by the school district in which they are employed, |
17 | | non-evaluative mentor observation and feedback may be used as |
18 | | part of the evaluation plan. |
19 | | The evaluation plan shall comply with the requirements of |
20 | | this Section and
of any rules adopted by the State Board of |
21 | | Education pursuant to this Section. |
22 | | The plan shall include a description of each teacher's |
23 | | duties
and responsibilities and of the standards to which that |
24 | | teacher
is expected to conform, and shall include at least the |
25 | | following components: |
26 | | (a) personal observation of the teacher in the |
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1 | | classroom by the evaluator, unless
the teacher has no |
2 | | classroom duties. |
3 | | (b) consideration of the teacher's attendance, |
4 | | planning,
instructional methods, classroom management, |
5 | | where relevant, and
competency in the subject matter |
6 | | taught. |
7 | | (c) by no later than the applicable implementation |
8 | | date, consideration of student growth as a significant |
9 | | factor in the rating of the teacher's performance. |
10 | | (d) prior to September 1, 2012, rating of the |
11 | | performance of teachers in contractual continued service |
12 | | as either: |
13 | | (i) "excellent",
"satisfactory" or |
14 | | "unsatisfactory"; or |
15 | | (ii) "excellent", "proficient", "needs |
16 | | improvement" or "unsatisfactory". |
17 | | (e) on and after September 1, 2012, rating of the |
18 | | performance of all teachers as "excellent", "proficient", |
19 | | "needs improvement" or "unsatisfactory". |
20 | | (f) specification as to the teacher's strengths and |
21 | | weaknesses, with
supporting reasons for the comments made. |
22 | | (g) inclusion of a copy of the evaluation in the |
23 | | teacher's personnel
file and provision of a copy to the |
24 | | teacher. |
25 | | (h) within 30 school days after the completion of an |
26 | | evaluation rating a teacher in contractual continued |
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1 | | service as "needs improvement", development by the |
2 | | evaluator, in consultation with the teacher, and taking |
3 | | into account the teacher's on-going professional |
4 | | responsibilities including his or her regular teaching |
5 | | assignments, of a professional development plan directed |
6 | | to the areas that need improvement and any supports that |
7 | | the district will provide to address the areas identified |
8 | | as needing improvement. |
9 | | (i) within 30 school days after completion of an |
10 | | evaluation rating a teacher
in contractual continued |
11 | | service as "unsatisfactory", development and commencement |
12 | | by the district of a remediation plan designed to correct |
13 | | deficiencies
cited, provided the deficiencies are deemed |
14 | | remediable.
In all school districts the
remediation plan |
15 | | for unsatisfactory, tenured teachers shall
provide for 90 |
16 | | school days of remediation within the
classroom, unless an |
17 | | applicable collective bargaining agreement provides for a |
18 | | shorter duration. In all school districts evaluations |
19 | | issued pursuant
to
this Section shall be
issued within 10 |
20 | | days after the conclusion of the respective remediation |
21 | | plan.
However, the school board or other governing |
22 | | authority of the district
shall not lose
jurisdiction to |
23 | | discharge a teacher in the event the evaluation is not |
24 | | issued
within 10 days after the conclusion of the |
25 | | respective remediation plan. |
26 | | (j) participation in the remediation plan by the |
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1 | | teacher in contractual continued service rated
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2 | | "unsatisfactory", an evaluator and a consulting teacher |
3 | | selected by the evaluator of the teacher who was rated |
4 | | "unsatisfactory", which
consulting teacher is an |
5 | | educational employee as defined in the Educational
Labor |
6 | | Relations Act, has at least 5 years' teaching experience, |
7 | | and a
reasonable familiarity with the assignment of the |
8 | | teacher being evaluated,
and who received an "excellent" |
9 | | rating on his or her most
recent evaluation. Where no |
10 | | teachers who meet these criteria are available
within the |
11 | | district, the district shall request and the applicable |
12 | | regional office of education shall supply, to participate |
13 | | in the remediation process, an
individual who meets these |
14 | | criteria. |
15 | | In a district having a population of less than 500,000 |
16 | | with an
exclusive bargaining agent, the bargaining agent
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17 | | may, if it so chooses, supply a roster of qualified |
18 | | teachers from whom the
consulting teacher is to be |
19 | | selected. That roster shall, however, contain
the names of |
20 | | at least 5 teachers, each of whom meets the criteria for
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21 | | consulting teacher with regard to the teacher being |
22 | | evaluated, or the names
of all teachers so qualified if |
23 | | that number is less than 5. In the event of
a dispute as to |
24 | | qualification, the State Board shall determine |
25 | | qualification. |
26 | | (k) a mid-point and final evaluation by an evaluator |
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1 | | during and at the end of the remediation period, |
2 | | immediately following receipt of a remediation plan |
3 | | provided for under subsections (i) and (j) of this Section. |
4 | | Each evaluation shall assess the teacher's performance |
5 | | during the time period since the prior evaluation; provided |
6 | | that the last evaluation shall also include an overall |
7 | | evaluation of the teacher's performance during the |
8 | | remediation period. A written copy of the evaluations and |
9 | | ratings, in which any deficiencies in performance and |
10 | | recommendations for correction are identified, shall be |
11 | | provided to and discussed with the teacher within 10 school |
12 | | days after the date of the evaluation, unless an applicable |
13 | | collective bargaining agreement provides to the contrary. |
14 | | These subsequent evaluations
shall be conducted by an |
15 | | evaluator. The consulting
teacher shall provide advice to |
16 | | the teacher rated "unsatisfactory" on how
to improve |
17 | | teaching skills and to successfully complete the |
18 | | remediation
plan. The consulting teacher shall participate |
19 | | in developing the
remediation plan, but the final decision |
20 | | as to the evaluation shall be done
solely by the evaluator,
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21 | | unless an applicable collective bargaining agreement |
22 | | provides to the contrary.
Evaluations at the
conclusion of |
23 | | the remediation process shall be separate and distinct from |
24 | | the
required annual evaluations of teachers and shall not |
25 | | be subject to the
guidelines and procedures relating to |
26 | | those annual evaluations. The evaluator
may but is not |
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1 | | required to use the forms provided for the annual |
2 | | evaluation of
teachers in the district's evaluation plan. |
3 | | (l)
reinstatement to the evaluation schedule set forth |
4 | | in the district's evaluation plan for any teacher in |
5 | | contractual continued service
who achieves a rating equal |
6 | | to or better than "satisfactory" or "proficient" in the |
7 | | school year following a rating of "needs improvement" or |
8 | | "unsatisfactory". |
9 | | (m) dismissal in accordance with subsection (d) of |
10 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of |
11 | | any teacher who fails to complete any applicable |
12 | | remediation plan
with a rating equal to or better than a |
13 | | "satisfactory" or "proficient" rating. Districts and |
14 | | teachers subject to
dismissal hearings are precluded from |
15 | | compelling the testimony of
consulting teachers at such |
16 | | hearings under subsection (d) of Section 24-12 or Section |
17 | | 24-16.5 or 34-85 of this Code, either
as to the rating |
18 | | process or for opinions of performances by teachers under
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19 | | remediation. |
20 | | (n) After the implementation date of an evaluation |
21 | | system for teachers in a district as specified in Section |
22 | | 24A-2.5 of this Code, if a teacher in contractual continued |
23 | | service successfully completes a remediation plan |
24 | | following a rating of "unsatisfactory" in an annual or |
25 | | biennial overall performance evaluation received after the |
26 | | foregoing implementation date and receives a subsequent |
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1 | | rating of "unsatisfactory" in any of the teacher's annual |
2 | | or biennial overall performance evaluation ratings |
3 | | received during the 36-month period following the |
4 | | teacher's completion of the remediation plan, then the |
5 | | school district may forego remediation and seek dismissal |
6 | | in accordance with subsection (d) of Section 24-12 or |
7 | | Section 34-85 of this Code. |
8 | | Nothing in this Section or Section 24A-4 shall be construed |
9 | | as preventing immediate
dismissal of a teacher for deficiencies |
10 | | which are
deemed irremediable or for actions which are |
11 | | injurious to or endanger the
health or person of students in |
12 | | the classroom or school, or preventing the dismissal or |
13 | | non-renewal of teachers not in contractual continued service |
14 | | for any reason not prohibited by applicable employment, labor, |
15 | | and civil rights laws. Failure to
strictly comply with the time |
16 | | requirements contained in Section 24A-5 shall
not invalidate |
17 | | the results of the remediation plan. |
18 | | Nothing contained in this amendatory Act of the 98th |
19 | | General Assembly repeals, supersedes, invalidates, or |
20 | | nullifies final decisions in lawsuits pending on the effective |
21 | | date of this amendatory Act of the 98th General Assembly in |
22 | | Illinois courts involving the interpretation of Public Act |
23 | | 97-8. |
24 | | (Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648, |
25 | | eff. 7-1-14.)
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