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1 | | this Section. |
2 | | Each school district shall establish a teacher evaluation |
3 | | plan that ensures that: |
4 | | (1) each teacher not in contractual continued service |
5 | | is evaluated at least once every school year; and |
6 | | (2) except as otherwise provided in this Section, each |
7 | | teacher in contractual continued service is evaluated at |
8 | | least once in the course of every 2 school years. However, |
9 | | any teacher in contractual continued service whose |
10 | | performance is rated as either "needs improvement" or |
11 | | "unsatisfactory" must be evaluated at least once in the |
12 | | school year following the receipt of such rating. |
13 | | No later than September 1, 2022, each school district must |
14 | | establish a teacher evaluation plan that ensures that each |
15 | | teacher in contractual continued service whose performance is |
16 | | rated as either "excellent" or "proficient" is evaluated at |
17 | | least once in the course of the 3 school years after receipt of |
18 | | the rating and implement an informal teacher observation plan |
19 | | established by agency rule and by agreement of the joint |
20 | | committee established under subsection (b) of Section 24A-4 of |
21 | | this Code that ensures that each teacher in contractual |
22 | | continued service whose performance is rated as either |
23 | | "excellent" or "proficient" is informally observed at least |
24 | | once in the course of the 2 school years after receipt of the |
25 | | rating. |
26 | | For the 2022-2023 school year only, if the Governor has |
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1 | | declared a disaster due to a public health emergency pursuant |
2 | | to Section 7 of the Illinois Emergency Management Agency Act, |
3 | | a school district may waive the evaluation requirement of all |
4 | | teachers in contractual continued service whose performances |
5 | | were rated as either "excellent" or "proficient" during the |
6 | | last school year in which the teachers were evaluated under |
7 | | this Section. |
8 | | Notwithstanding anything to the contrary in this Section |
9 | | or any other Section of this Code, a principal shall not be |
10 | | prohibited from evaluating any teachers within a school during |
11 | | his or her first year as principal of such school. If a |
12 | | first-year principal exercises this option in a school |
13 | | district where the evaluation plan provides for a teacher in |
14 | | contractual continued service to be evaluated once in the |
15 | | course of every 2 or 3 school years, as applicable, then a new |
16 | | 2-year or 3-year evaluation plan must be established. |
17 | | The evaluation plan shall comply with the requirements of |
18 | | this Section and
of any rules adopted by the State Board of |
19 | | Education pursuant to this Section. |
20 | | The plan shall include a description of each teacher's |
21 | | duties
and responsibilities and of the standards to which that |
22 | | teacher
is expected to conform, and shall include at least the |
23 | | following components: |
24 | | (a) personal observation of the teacher in the |
25 | | classroom by the evaluator, unless
the teacher has no |
26 | | classroom duties. |
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1 | | (b) consideration of the teacher's attendance, |
2 | | planning,
instructional methods, classroom management, |
3 | | where relevant, and
competency in the subject matter |
4 | | taught. |
5 | | (c) by no later than the applicable implementation |
6 | | date, consideration of student growth as a significant |
7 | | factor in the rating of the teacher's performance. |
8 | | (d) prior to September 1, 2012, rating of the |
9 | | performance of teachers in contractual continued service |
10 | | as either: |
11 | | (i) "excellent",
"satisfactory" or |
12 | | "unsatisfactory"; or |
13 | | (ii) "excellent", "proficient", "needs |
14 | | improvement" or "unsatisfactory". |
15 | | (e) on and after September 1, 2012, rating of the |
16 | | performance of all teachers as "excellent", "proficient", |
17 | | "needs improvement" or "unsatisfactory". |
18 | | (f) specification as to the teacher's strengths and |
19 | | weaknesses, with
supporting reasons for the comments made. |
20 | | (g) inclusion of a copy of the evaluation in the |
21 | | teacher's personnel
file and provision of a copy to the |
22 | | teacher. |
23 | | (h) within 30 school days after the completion of an |
24 | | evaluation rating a teacher in contractual continued |
25 | | service as "needs improvement", development by the |
26 | | evaluator, in consultation with the teacher, and taking |
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1 | | into account the teacher's on-going professional |
2 | | responsibilities including his or her regular teaching |
3 | | assignments, of a professional development plan directed |
4 | | to the areas that need improvement and any supports that |
5 | | the district will provide to address the areas identified |
6 | | as needing improvement. |
7 | | (i) within 30 school days after completion of an |
8 | | evaluation rating a teacher
in contractual continued |
9 | | service as "unsatisfactory", development and commencement |
10 | | by the district of a remediation plan designed to correct |
11 | | deficiencies
cited, provided the deficiencies are deemed |
12 | | remediable.
In all school districts the
remediation plan |
13 | | for unsatisfactory, tenured teachers shall
provide for 90 |
14 | | school days of remediation within the
classroom, unless an |
15 | | applicable collective bargaining agreement provides for a |
16 | | shorter duration. In all school districts evaluations |
17 | | issued pursuant
to
this Section shall be
issued within 10 |
18 | | days after the conclusion of the respective remediation |
19 | | plan.
However, the school board or other governing |
20 | | authority of the district
shall not lose
jurisdiction to |
21 | | discharge a teacher in the event the evaluation is not |
22 | | issued
within 10 days after the conclusion of the |
23 | | respective remediation plan. |
24 | | (j) participation in the remediation plan by the |
25 | | teacher in contractual continued service rated
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26 | | "unsatisfactory", an evaluator and a consulting teacher |
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1 | | selected by the evaluator of the teacher who was rated |
2 | | "unsatisfactory", which
consulting teacher is an |
3 | | educational employee as defined in the Educational
Labor |
4 | | Relations Act, has at least 5 years' teaching experience, |
5 | | and a
reasonable familiarity with the assignment of the |
6 | | teacher being evaluated,
and who received an "excellent" |
7 | | rating on his or her most
recent evaluation. Where no |
8 | | teachers who meet these criteria are available
within the |
9 | | district, the district shall request and the applicable |
10 | | regional office of education shall supply, to participate |
11 | | in the remediation process, an
individual who meets these |
12 | | criteria. |
13 | | In a district having a population of less than 500,000 |
14 | | with an
exclusive bargaining agent, the bargaining agent
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15 | | may, if it so chooses, supply a roster of qualified |
16 | | teachers from whom the
consulting teacher is to be |
17 | | selected. That roster shall, however, contain
the names of |
18 | | at least 5 teachers, each of whom meets the criteria for
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19 | | consulting teacher with regard to the teacher being |
20 | | evaluated, or the names
of all teachers so qualified if |
21 | | that number is less than 5. In the event of
a dispute as to |
22 | | qualification, the State Board shall determine |
23 | | qualification. |
24 | | (k) a mid-point and final evaluation by an evaluator |
25 | | during and at the end of the remediation period, |
26 | | immediately following receipt of a remediation plan |
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1 | | provided for under subsections (i) and (j) of this |
2 | | Section. Each evaluation shall assess the teacher's |
3 | | performance during the time period since the prior |
4 | | evaluation; provided that the last evaluation shall also |
5 | | include an overall evaluation of the teacher's performance |
6 | | during the remediation period. A written copy of the |
7 | | evaluations and ratings, in which any deficiencies in |
8 | | performance and recommendations for correction are |
9 | | identified, shall be provided to and discussed with the |
10 | | teacher within 10 school days after the date of the |
11 | | evaluation, unless an applicable collective bargaining |
12 | | agreement provides to the contrary. These subsequent |
13 | | evaluations
shall be conducted by an evaluator. The |
14 | | consulting
teacher shall provide advice to the teacher |
15 | | rated "unsatisfactory" on how
to improve teaching skills |
16 | | and to successfully complete the remediation
plan. The |
17 | | consulting teacher shall participate in developing the
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18 | | remediation plan, but the final decision as to the |
19 | | evaluation shall be done
solely by the evaluator,
unless |
20 | | an applicable collective bargaining agreement provides to |
21 | | the contrary.
Evaluations at the
conclusion of the |
22 | | remediation process shall be separate and distinct from |
23 | | the
required annual evaluations of teachers and shall not |
24 | | be subject to the
guidelines and procedures relating to |
25 | | those annual evaluations. The evaluator
may but is not |
26 | | required to use the forms provided for the annual |
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1 | | evaluation of
teachers in the district's evaluation plan. |
2 | | (l)
reinstatement to the evaluation schedule set forth |
3 | | in the district's evaluation plan for any teacher in |
4 | | contractual continued service
who achieves a rating equal |
5 | | to or better than "satisfactory" or "proficient" in the |
6 | | school year following a rating of "needs improvement" or |
7 | | "unsatisfactory". |
8 | | (m) dismissal in accordance with subsection (d) of |
9 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of |
10 | | any teacher who fails to complete any applicable |
11 | | remediation plan
with a rating equal to or better than a |
12 | | "satisfactory" or "proficient" rating. Districts and |
13 | | teachers subject to
dismissal hearings are precluded from |
14 | | compelling the testimony of
consulting teachers at such |
15 | | hearings under subsection (d) of Section 24-12 or Section |
16 | | 24-16.5 or 34-85 of this Code, either
as to the rating |
17 | | process or for opinions of performances by teachers under
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18 | | remediation. |
19 | | (n) After the implementation date of an evaluation |
20 | | system for teachers in a district as specified in Section |
21 | | 24A-2.5 of this Code, if a teacher in contractual |
22 | | continued service successfully completes a remediation |
23 | | plan following a rating of "unsatisfactory" in an overall |
24 | | performance evaluation received after the foregoing |
25 | | implementation date and receives a subsequent rating of |
26 | | "unsatisfactory" in any of the teacher's overall |
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1 | | performance evaluation ratings received during the |
2 | | 36-month period following the teacher's completion of the |
3 | | remediation plan, then the school district may forego |
4 | | remediation and seek dismissal in accordance with |
5 | | subsection (d) of Section 24-12 or Section 34-85 of this |
6 | | Code. |
7 | | (o) Teachers who are due to be evaluated in the last |
8 | | year before they are set to retire shall be offered the |
9 | | opportunity to waive their evaluation and to retain their |
10 | | most recent rating, unless the teacher was last rated as |
11 | | "needs improvement" or "unsatisfactory". The school |
12 | | district may still reserve the right to evaluate a teacher |
13 | | provided the district gives notice to the teacher at least |
14 | | 14 days before the evaluation and a reason for evaluating |
15 | | the teacher. |
16 | | Nothing in this Section or Section 24A-4 shall be |
17 | | construed as preventing immediate
dismissal of a teacher for |
18 | | deficiencies which are
deemed irremediable or for actions |
19 | | which are injurious to or endanger the
health or person of |
20 | | students in the classroom or school, or preventing the |
21 | | dismissal or non-renewal of teachers not in contractual |
22 | | continued service for any reason not prohibited by applicable |
23 | | employment, labor, and civil rights laws. Failure to
strictly |
24 | | comply with the time requirements contained in Section 24A-5 |
25 | | shall
not invalidate the results of the remediation plan. |
26 | | Nothing contained in this amendatory Act of the 98th |
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1 | | General Assembly repeals, supersedes, invalidates, or |
2 | | nullifies final decisions in lawsuits pending on the effective |
3 | | date of this amendatory Act of the 98th General Assembly in |
4 | | Illinois courts involving the interpretation of Public Act |
5 | | 97-8. |
6 | | If the Governor has declared a disaster due to a public |
7 | | health emergency pursuant to Section 7 of the Illinois |
8 | | Emergency Management Agency Act that suspends in-person |
9 | | instruction, the timelines in this Section connected to the |
10 | | commencement and completion of any remediation plan are |
11 | | waived. Except if the parties mutually agree otherwise and the |
12 | | agreement is in writing, any remediation plan that had been in |
13 | | place for more than 45 days prior to the suspension of |
14 | | in-person instruction shall resume when in-person instruction |
15 | | resumes and any remediation plan that had been in place for |
16 | | fewer than 45 days prior to the suspension of in-person |
17 | | instruction shall be discontinued and a new remediation period |
18 | | shall begin when in-person instruction resumes. The |
19 | | requirements of this paragraph apply regardless of whether |
20 | | they are included in a school district's teacher evaluation |
21 | | plan. |
22 | | (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22; |
23 | | 102-729, eff. 5-6-22.)
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24 | | (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
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25 | | Sec. 34-84. Appointments and promotions of teachers. |
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1 | | Appointments and
promotions of teachers shall be made for |
2 | | merit
only, and after satisfactory service for a probationary |
3 | | period of 3 years
with respect to probationary employees |
4 | | employed as full-time teachers in the
public school system of |
5 | | the district before January 1, 1998 and 4 years with
respect to |
6 | | probationary employees who are first employed as full-time |
7 | | teachers
in the public school system of the district on or |
8 | | after January 1, 1998,
during which period the board may |
9 | | dismiss or discharge any
such probationary employee upon the |
10 | | recommendation, accompanied by the
written reasons therefor, |
11 | | of the general superintendent of schools and after which |
12 | | period
appointments of teachers shall become permanent, |
13 | | subject to removal for cause
in the manner provided by Section |
14 | | 34-85.
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15 | | For a probationary-appointed teacher in full-time service |
16 | | who is appointed on or after July 1, 2013 and who receives |
17 | | ratings of "excellent" during his or her first 3 school terms |
18 | | of full-time service, the probationary period shall be 3 |
19 | | school terms of full-time service.
For a |
20 | | probationary-appointed teacher in full-time service who is |
21 | | appointed on or after July 1, 2013 and who had previously |
22 | | entered into contractual continued service in another school |
23 | | district in this State or a program of a special education |
24 | | joint agreement in this State, as defined in Section 24-11 of |
25 | | this Code, the probationary period shall be 2 school terms of |
26 | | full-time service, provided that (i) the teacher voluntarily |
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1 | | resigned or was honorably dismissed from the prior district or |
2 | | program within the 3-month period preceding his or her |
3 | | appointment date, (ii) the teacher's last 2 ratings in the |
4 | | prior district or program were at least "proficient" and were |
5 | | issued after the prior district's or program's PERA |
6 | | implementation date, as defined in Section 24-11 of this Code, |
7 | | and (iii) the teacher receives ratings of "excellent" during |
8 | | his or her first 2 school terms of full-time service. |
9 | | For a probationary-appointed teacher in full-time service |
10 | | who is appointed on or after July 1, 2013 and who has not |
11 | | entered into contractual continued service after 2 or 3 school |
12 | | terms of full-time service as provided in this Section, the |
13 | | probationary period shall be 4 school terms of full-time |
14 | | service, provided that the teacher receives a rating of at |
15 | | least "proficient" in the last school term and a rating of at |
16 | | least "proficient" in either the second or third school term. |
17 | | As used in this Section, "school term" means the school |
18 | | term established by the board pursuant to Section 10-19 of |
19 | | this Code, and "full-time service" means the teacher has |
20 | | actually worked at least 150 days during the school term. As |
21 | | used in this Article, "teachers" means and includes all |
22 | | members of
the teaching force excluding the general |
23 | | superintendent and principals. |
24 | | There shall be no reduction in teachers because of a |
25 | | decrease in
student membership or a change in subject |
26 | | requirements within the
attendance center organization after |
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1 | | the 20th day following the first day
of the school year, except |
2 | | that: (1) this provision shall not apply to
desegregation |
3 | | positions, special education positions, or any other positions
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4 | | funded by State or federal categorical funds, and (2) at |
5 | | attendance centers
maintaining any of grades 9 through 12, |
6 | | there may be a second reduction in
teachers on the first day of |
7 | | the second semester of the regular school
term because of a |
8 | | decrease in student membership or a change in subject
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9 | | requirements within the attendance center organization.
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10 | | Teachers who are due to be evaluated in the last year |
11 | | before they are set to retire shall be offered the opportunity |
12 | | to waive their evaluation and to retain their most recent |
13 | | rating, unless the teacher was last rated as "needs |
14 | | improvement" or "unsatisfactory". The school district may |
15 | | still reserve the right to evaluate a teacher provided the |
16 | | district gives notice to the teacher at least 14 days before |
17 | | the evaluation and a reason for evaluating the teacher. |
18 | | The school principal shall make the decision
in selecting |
19 | | teachers to fill new and vacant positions consistent with
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20 | | Section 34-8.1.
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21 | | (Source: P.A. 97-8, eff. 6-13-11.)
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22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law.".
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