HB0018 EngrossedLRB102 02679 CMG 12682 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
524A-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
8does not apply to teachers assigned to schools identified in
9an agreement entered into between the board of a school
10district operating under Article 34 of this Code and the
11exclusive representative of the district's teachers in
12accordance with Section 34-85c of this Code.
13    Each school district to which this Article applies shall
14establish a teacher evaluation plan which ensures that each
15teacher in contractual continued service is evaluated at least
16once in the course of every 2 or 3 school years as provided in
17this Section.
18    Each By no later than September 1, 2012, each school
19district shall establish a teacher evaluation plan that
20ensures that:
21        (1) each teacher not in contractual continued service
22    is evaluated at least once every school year; and
23        (2) except as otherwise provided in this Section, each



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1    teacher in contractual continued service is evaluated at
2    least once in the course of every 2 school years. However,
3    any teacher in contractual continued service whose
4    performance is rated as either "needs improvement" or
5    "unsatisfactory" must be evaluated at least once in the
6    school year following the receipt of such rating.
7    No later than September 1, 2022, each school district must
8establish a teacher evaluation plan that ensures that each
9teacher in contractual continued service whose performance is
10rated as either "excellent" or "proficient" is evaluated at
11least once in the course of the 3 school years after receipt of
12the rating and establish an informal teacher evaluation plan
13that ensures that each teacher in contractual continued
14service whose performance is rated as either "excellent" or
15"proficient" is informally evaluated at least once in the
16course of the 2 school years after receipt of the rating.
17    Notwithstanding anything to the contrary in this Section
18or any other Section of the School Code, a principal shall not
19be prohibited from evaluating any teachers within a school
20during his or her first year as principal of such school. If a
21first-year principal exercises this option in a school
22district where the evaluation plan provides for a teacher in
23contractual continued service to be evaluated once in the
24course of every 2 or 3 school years, as applicable, then a new
252-year or 3-year evaluation plan must be established.
26    The evaluation plan shall comply with the requirements of



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1this Section and of any rules adopted by the State Board of
2Education pursuant to this Section.
3    The plan shall include a description of each teacher's
4duties and responsibilities and of the standards to which that
5teacher is expected to conform, and shall include at least the
6following components:
7        (a) personal observation of the teacher in the
8    classroom by the evaluator, unless the teacher has no
9    classroom duties.
10        (b) consideration of the teacher's attendance,
11    planning, instructional methods, classroom management,
12    where relevant, and competency in the subject matter
13    taught.
14        (c) by no later than the applicable implementation
15    date, consideration of student growth as a significant
16    factor in the rating of the teacher's performance.
17        (d) prior to September 1, 2012, rating of the
18    performance of teachers in contractual continued service
19    as either:
20            (i) "excellent", "satisfactory" or
21        "unsatisfactory"; or
22            (ii) "excellent", "proficient", "needs
23        improvement" or "unsatisfactory".
24        (e) on and after September 1, 2012, rating of the
25    performance of all teachers as "excellent", "proficient",
26    "needs improvement" or "unsatisfactory".



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1        (f) specification as to the teacher's strengths and
2    weaknesses, with supporting reasons for the comments made.
3        (g) inclusion of a copy of the evaluation in the
4    teacher's personnel file and provision of a copy to the
5    teacher.
6        (h) within 30 school days after the completion of an
7    evaluation rating a teacher in contractual continued
8    service as "needs improvement", development by the
9    evaluator, in consultation with the teacher, and taking
10    into account the teacher's on-going professional
11    responsibilities including his or her regular teaching
12    assignments, of a professional development plan directed
13    to the areas that need improvement and any supports that
14    the district will provide to address the areas identified
15    as needing improvement.
16        (i) within 30 school days after completion of an
17    evaluation rating a teacher in contractual continued
18    service as "unsatisfactory", development and commencement
19    by the district of a remediation plan designed to correct
20    deficiencies cited, provided the deficiencies are deemed
21    remediable. In all school districts the remediation plan
22    for unsatisfactory, tenured teachers shall provide for 90
23    school days of remediation within the classroom, unless an
24    applicable collective bargaining agreement provides for a
25    shorter duration. In all school districts evaluations
26    issued pursuant to this Section shall be issued within 10



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1    days after the conclusion of the respective remediation
2    plan. However, the school board or other governing
3    authority of the district shall not lose jurisdiction to
4    discharge a teacher in the event the evaluation is not
5    issued within 10 days after the conclusion of the
6    respective remediation plan.
7        (j) participation in the remediation plan by the
8    teacher in contractual continued service rated
9    "unsatisfactory", an evaluator and a consulting teacher
10    selected by the evaluator of the teacher who was rated
11    "unsatisfactory", which consulting teacher is an
12    educational employee as defined in the Educational Labor
13    Relations Act, has at least 5 years' teaching experience,
14    and a reasonable familiarity with the assignment of the
15    teacher being evaluated, and who received an "excellent"
16    rating on his or her most recent evaluation. Where no
17    teachers who meet these criteria are available within the
18    district, the district shall request and the applicable
19    regional office of education shall supply, to participate
20    in the remediation process, an individual who meets these
21    criteria.
22        In a district having a population of less than 500,000
23    with an exclusive bargaining agent, the bargaining agent
24    may, if it so chooses, supply a roster of qualified
25    teachers from whom the consulting teacher is to be
26    selected. That roster shall, however, contain the names of



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1    at least 5 teachers, each of whom meets the criteria for
2    consulting teacher with regard to the teacher being
3    evaluated, or the names of all teachers so qualified if
4    that number is less than 5. In the event of a dispute as to
5    qualification, the State Board shall determine
6    qualification.
7        (k) a mid-point and final evaluation by an evaluator
8    during and at the end of the remediation period,
9    immediately following receipt of a remediation plan
10    provided for under subsections (i) and (j) of this
11    Section. Each evaluation shall assess the teacher's
12    performance during the time period since the prior
13    evaluation; provided that the last evaluation shall also
14    include an overall evaluation of the teacher's performance
15    during the remediation period. A written copy of the
16    evaluations and ratings, in which any deficiencies in
17    performance and recommendations for correction are
18    identified, shall be provided to and discussed with the
19    teacher within 10 school days after the date of the
20    evaluation, unless an applicable collective bargaining
21    agreement provides to the contrary. These subsequent
22    evaluations shall be conducted by an evaluator. The
23    consulting teacher shall provide advice to the teacher
24    rated "unsatisfactory" on how to improve teaching skills
25    and to successfully complete the remediation plan. The
26    consulting teacher shall participate in developing the



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1    remediation plan, but the final decision as to the
2    evaluation shall be done solely by the evaluator, unless
3    an applicable collective bargaining agreement provides to
4    the contrary. Evaluations at the conclusion of the
5    remediation process shall be separate and distinct from
6    the required annual evaluations of teachers and shall not
7    be subject to the guidelines and procedures relating to
8    those annual evaluations. The evaluator may but is not
9    required to use the forms provided for the annual
10    evaluation of teachers in the district's evaluation plan.
11        (l) reinstatement to the evaluation schedule set forth
12    in the district's evaluation plan for any teacher in
13    contractual continued service who achieves a rating equal
14    to or better than "satisfactory" or "proficient" in the
15    school year following a rating of "needs improvement" or
16    "unsatisfactory".
17        (m) dismissal in accordance with subsection (d) of
18    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
19    any teacher who fails to complete any applicable
20    remediation plan with a rating equal to or better than a
21    "satisfactory" or "proficient" rating. Districts and
22    teachers subject to dismissal hearings are precluded from
23    compelling the testimony of consulting teachers at such
24    hearings under subsection (d) of Section 24-12 or Section
25    24-16.5 or 34-85 of this Code, either as to the rating
26    process or for opinions of performances by teachers under



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1    remediation.
2        (n) After the implementation date of an evaluation
3    system for teachers in a district as specified in Section
4    24A-2.5 of this Code, if a teacher in contractual
5    continued service successfully completes a remediation
6    plan following a rating of "unsatisfactory" in an annual
7    or biennial overall performance evaluation received after
8    the foregoing implementation date and receives a
9    subsequent rating of "unsatisfactory" in any of the
10    teacher's annual or biennial overall performance
11    evaluation ratings received during the 36-month period
12    following the teacher's completion of the remediation
13    plan, then the school district may forego remediation and
14    seek dismissal in accordance with subsection (d) of
15    Section 24-12 or Section 34-85 of this Code.
16    Nothing in this Section or Section 24A-4 shall be
17construed as preventing immediate dismissal of a teacher for
18deficiencies which are deemed irremediable or for actions
19which are injurious to or endanger the health or person of
20students in the classroom or school, or preventing the
21dismissal or non-renewal of teachers not in contractual
22continued service for any reason not prohibited by applicable
23employment, labor, and civil rights laws. Failure to strictly
24comply with the time requirements contained in Section 24A-5
25shall not invalidate the results of the remediation plan.
26    Nothing contained in this amendatory Act of the 98th



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1General Assembly repeals, supersedes, invalidates, or
2nullifies final decisions in lawsuits pending on the effective
3date of this amendatory Act of the 98th General Assembly in
4Illinois courts involving the interpretation of Public Act
6    If the Governor has declared a disaster due to a public
7health emergency pursuant to Section 7 of the Illinois
8Emergency Management Agency Act that suspends in-person
9instruction, the timelines in this Section connected to the
10commencement and completion of any remediation plan are
11waived. Except if the parties mutually agree otherwise and the
12agreement is in writing, any remediation plan that had been in
13place for more than 45 days prior to the suspension of
14in-person instruction shall resume when in-person instruction
15resumes and any remediation plan that had been in place for
16fewer than 45 days prior to the suspension of in-person
17instruction shall be discontinued and a new remediation period
18shall begin when in-person instruction resumes. The
19requirements of this paragraph apply regardless of whether
20they are included in a school district's teacher evaluation
22(Source: P.A. 101-643, eff. 6-18-20.)