HB3063 EnrolledLRB098 08391 NHT 38496 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 does
8not apply to teachers assigned to schools identified in an
9agreement entered into between the board of a school district
10operating under Article 34 of this Code and the exclusive
11representative of the district's teachers in accordance with
12Section 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 school years.
17    By no later than September 1, 2012, each school district
18shall 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
6any other Section of the School Code, a principal shall not be
7prohibited from evaluating any teachers within a school during
8his or her first year as principal of such school. If a
9first-year principal exercises this option in a school district
10where the evaluation plan provides for a teacher in contractual
11continued service to be evaluated once in the course of every 2
12school years, then a new 2-year evaluation plan must be
13established.
14    The evaluation plan shall comply with the requirements of
15this Section and of any rules adopted by the State Board of
16Education pursuant to this Section.
17    The plan shall include a description of each teacher's
18duties and responsibilities and of the standards to which that
19teacher is expected to conform, and shall include at least the
20following components:
21        (a) personal observation of the teacher in the
22    classroom by the evaluator, unless the teacher has no
23    classroom duties.
24        (b) consideration of the teacher's attendance,
25    planning, instructional methods, classroom management,
26    where relevant, and competency in the subject matter

 

 

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1    taught.
2        (c) by no later than the applicable implementation
3    date, consideration of student growth as a significant
4    factor in the rating of the teacher's performance.
5        (d) prior to September 1, 2012, rating of the
6    performance of teachers in contractual continued service
7    as either:
8            (i) "excellent", "satisfactory" or
9        "unsatisfactory"; or
10            (ii) "excellent", "proficient", "needs
11        improvement" or "unsatisfactory".
12        (e) on and after September 1, 2012, rating of the
13    performance of all teachers as "excellent", "proficient",
14    "needs improvement" or "unsatisfactory".
15        (f) specification as to the teacher's strengths and
16    weaknesses, with supporting reasons for the comments made.
17        (g) inclusion of a copy of the evaluation in the
18    teacher's personnel file and provision of a copy to the
19    teacher.
20        (h) within 30 school days after the completion of an
21    evaluation rating a teacher in contractual continued
22    service as "needs improvement", development by the
23    evaluator, in consultation with the teacher, and taking
24    into account the teacher's on-going professional
25    responsibilities including his or her regular teaching
26    assignments, of a professional development plan directed

 

 

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1    to the areas that need improvement and any supports that
2    the district will provide to address the areas identified
3    as needing improvement.
4        (i) within 30 school days after completion of an
5    evaluation rating a teacher in contractual continued
6    service as "unsatisfactory", development and commencement
7    by the district of a remediation plan designed to correct
8    deficiencies cited, provided the deficiencies are deemed
9    remediable. In all school districts the remediation plan
10    for unsatisfactory, tenured teachers shall provide for 90
11    school days of remediation within the classroom, unless an
12    applicable collective bargaining agreement provides for a
13    shorter duration. In all school districts evaluations
14    issued pursuant to this Section shall be issued within 10
15    days after the conclusion of the respective remediation
16    plan. However, the school board or other governing
17    authority of the district shall not lose jurisdiction to
18    discharge a teacher in the event the evaluation is not
19    issued within 10 days after the conclusion of the
20    respective remediation plan.
21        (j) participation in the remediation plan by the
22    teacher in contractual continued service rated
23    "unsatisfactory", an evaluator and a consulting teacher
24    selected by the evaluator of the teacher who was rated
25    "unsatisfactory", which consulting teacher is an
26    educational employee as defined in the Educational Labor

 

 

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1    Relations Act, has at least 5 years' teaching experience,
2    and a reasonable familiarity with the assignment of the
3    teacher being evaluated, and who received an "excellent"
4    rating on his or her most recent evaluation. Where no
5    teachers who meet these criteria are available within the
6    district, the district shall request and the applicable
7    regional office of education shall supply, to participate
8    in the remediation process, an individual who meets these
9    criteria.
10        In a district having a population of less than 500,000
11    with an exclusive bargaining agent, the bargaining agent
12    may, if it so chooses, supply a roster of qualified
13    teachers from whom the consulting teacher is to be
14    selected. That roster shall, however, contain the names of
15    at least 5 teachers, each of whom meets the criteria for
16    consulting teacher with regard to the teacher being
17    evaluated, or the names of all teachers so qualified if
18    that number is less than 5. In the event of a dispute as to
19    qualification, the State Board shall determine
20    qualification.
21        (k) a mid-point and final evaluation by an evaluator
22    during and at the end of the remediation period,
23    immediately following receipt of a remediation plan
24    provided for under subsections (i) and (j) of this Section.
25    Each evaluation shall assess the teacher's performance
26    during the time period since the prior evaluation; provided

 

 

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1    that the last evaluation shall also include an overall
2    evaluation of the teacher's performance during the
3    remediation period. A written copy of the evaluations and
4    ratings, in which any deficiencies in performance and
5    recommendations for correction are identified, shall be
6    provided to and discussed with the teacher within 10 school
7    days after the date of the evaluation, unless an applicable
8    collective bargaining agreement provides to the contrary.
9    These subsequent evaluations shall be conducted by an
10    evaluator. The consulting teacher shall provide advice to
11    the teacher rated "unsatisfactory" on how to improve
12    teaching skills and to successfully complete the
13    remediation plan. The consulting teacher shall participate
14    in developing the remediation plan, but the final decision
15    as to the evaluation shall be done solely by the evaluator,
16    unless an applicable collective bargaining agreement
17    provides to the contrary. Evaluations at the conclusion of
18    the remediation process shall be separate and distinct from
19    the required annual evaluations of teachers and shall not
20    be subject to the guidelines and procedures relating to
21    those annual evaluations. The evaluator may but is not
22    required to use the forms provided for the annual
23    evaluation of teachers in the district's evaluation plan.
24        (l) reinstatement to the evaluation schedule set forth
25    in the district's evaluation plan for any teacher in
26    contractual continued service who achieves a rating equal

 

 

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1    to or better than "satisfactory" or "proficient" in the
2    school year following a rating of "needs improvement" or
3    "unsatisfactory".
4        (m) dismissal in accordance with subsection (d) of
5    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
6    any teacher who fails to complete any applicable
7    remediation plan with a rating equal to or better than a
8    "satisfactory" or "proficient" rating. Districts and
9    teachers subject to dismissal hearings are precluded from
10    compelling the testimony of consulting teachers at such
11    hearings under subsection (d) of Section 24-12 or Section
12    24-16.5 or 34-85 of this Code, either as to the rating
13    process or for opinions of performances by teachers under
14    remediation.
15        (n) After the implementation date of an evaluation
16    system for teachers in a district as specified in Section
17    24A-2.5 of this Code, if a teacher in contractual continued
18    service successfully completes a remediation plan
19    following a rating of "unsatisfactory" and receives a
20    subsequent rating of "unsatisfactory" in any of the
21    teacher's annual or biannual overall performance
22    evaluation ratings received during the 36-month period
23    following the teacher's completion of the remediation
24    plan, then the school district may forego remediation and
25    seek dismissal in accordance with subsection (d) of Section
26    24-12 or Section 34-85 of this Code.

 

 

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1    Nothing in this Section or Section 24A-4 shall be construed
2as preventing immediate dismissal of a teacher for deficiencies
3which are deemed irremediable or for actions which are
4injurious to or endanger the health or person of students in
5the classroom or school, or preventing the dismissal or
6non-renewal of teachers not in contractual continued service
7for any reason not prohibited by applicable employment, labor,
8and civil rights laws. Failure to strictly comply with the time
9requirements contained in Section 24A-5 shall not invalidate
10the results of the remediation plan.
11(Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; 97-8,
12eff. 6-13-11.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.