Bill Amendment: IL HB4256 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-EDUCATOR EVALUATIONS
Status: 2022-07-13 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB4256 Detail]
Download: Illinois-2021-HB4256-Senate_Amendment_001.html
Bill Title: SCH CD-EDUCATOR EVALUATIONS
Status: 2022-07-13 - Added Co-Sponsor Rep. Kelly M. Cassidy [HB4256 Detail]
Download: Illinois-2021-HB4256-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4256
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2 | AMENDMENT NO. ______. Amend House Bill 4256 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing | ||||||
5 | Sections 24A-5 and 24A-15 as follows:
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6 | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | ||||||
7 | Sec. 24A-5. Content of evaluation plans. This Section | ||||||
8 | does not apply to teachers assigned to schools identified in | ||||||
9 | an agreement entered into between the board of a school | ||||||
10 | district operating under Article 34 of this Code and the | ||||||
11 | exclusive representative of the district's teachers in | ||||||
12 | accordance with 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 or 3 school years as provided in |
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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 any | ||||||
4 | teacher in contractual continued service whose performance was | ||||||
5 | rated as either "excellent" or "proficient" during the last | ||||||
6 | school year in which the teacher was evaluated under this | ||||||
7 | Section. | ||||||
8 | Notwithstanding anything to the contrary in this Section | ||||||
9 | or any other Section of this the School Code, a principal shall | ||||||
10 | not be prohibited from evaluating any teachers within a school | ||||||
11 | during 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 | Nothing in this Section or Section 24A-4 shall be | ||||||
8 | construed as preventing immediate
dismissal of a teacher for | ||||||
9 | deficiencies which are
deemed irremediable or for actions | ||||||
10 | which are injurious to or endanger the
health or person of | ||||||
11 | students in the classroom or school, or preventing the | ||||||
12 | dismissal or non-renewal of teachers not in contractual | ||||||
13 | continued service for any reason not prohibited by applicable | ||||||
14 | employment, labor, and civil rights laws. Failure to
strictly | ||||||
15 | comply with the time requirements contained in Section 24A-5 | ||||||
16 | shall
not invalidate the results of the remediation plan. | ||||||
17 | Nothing contained in this amendatory Act of the 98th | ||||||
18 | General Assembly repeals, supersedes, invalidates, or | ||||||
19 | nullifies final decisions in lawsuits pending on the effective | ||||||
20 | date of this amendatory Act of the 98th General Assembly in | ||||||
21 | Illinois courts involving the interpretation of Public Act | ||||||
22 | 97-8. | ||||||
23 | If the Governor has declared a disaster due to a public | ||||||
24 | health emergency pursuant to Section 7 of the Illinois | ||||||
25 | Emergency Management Agency Act that suspends in-person | ||||||
26 | instruction, the timelines in this Section connected to the |
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1 | commencement and completion of any remediation plan are | ||||||
2 | waived. Except if the parties mutually agree otherwise and the | ||||||
3 | agreement is in writing, any remediation plan that had been in | ||||||
4 | place for more than 45 days prior to the suspension of | ||||||
5 | in-person instruction shall resume when in-person instruction | ||||||
6 | resumes and any remediation plan that had been in place for | ||||||
7 | fewer than 45 days prior to the suspension of in-person | ||||||
8 | instruction shall be discontinued and a new remediation period | ||||||
9 | shall begin when in-person instruction resumes. The | ||||||
10 | requirements of this paragraph apply regardless of whether | ||||||
11 | they are included in a school district's teacher evaluation | ||||||
12 | plan. | ||||||
13 | (Source: P.A. 101-643, eff. 6-18-20; 102-252, eff. 1-1-22 .)
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14 | (105 ILCS 5/24A-15) | ||||||
15 | Sec. 24A-15. Development of evaluation plan for principals | ||||||
16 | and assistant principals. | ||||||
17 | (a) Each school district, except for a school district | ||||||
18 | organized under Article 34 of this Code, shall establish a | ||||||
19 | principal and assistant principal evaluation plan in | ||||||
20 | accordance with this Section. The plan must ensure that each | ||||||
21 | principal and assistant principal is evaluated as follows: | ||||||
22 | (1) For a principal or assistant principal on a | ||||||
23 | single-year contract, the evaluation must take place by | ||||||
24 | March 1 of each year. | ||||||
25 | (2) For a principal or assistant principal on a |
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1 | multi-year contract under Section 10-23.8a of this Code, | ||||||
2 | the evaluation must take place by March 1 of the final year | ||||||
3 | of the contract. | ||||||
4 | On and after September 1, 2012, the plan must: | ||||||
5 | (i) rate the principal's or assistant principal's | ||||||
6 | performance as "excellent", "proficient", "needs | ||||||
7 | improvement" or "unsatisfactory"; and | ||||||
8 | (ii) ensure that each principal and assistant | ||||||
9 | principal is evaluated at least once every school year. | ||||||
10 | Nothing in this Section prohibits a school district from | ||||||
11 | conducting additional evaluations of principals and assistant | ||||||
12 | principals.
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13 | For the 2022-2023 school year only, if the Governor has | ||||||
14 | declared a disaster due to a public health emergency pursuant | ||||||
15 | to Section 7 of the Illinois Emergency Management Agency Act, | ||||||
16 | a school district may waive the evaluation requirement of any | ||||||
17 | principal or assistant principal whose performance was rated | ||||||
18 | as either "excellent" or "proficient" during the last school | ||||||
19 | year in which the principal or assistant principal was | ||||||
20 | evaluated under this Section. | ||||||
21 | (b) The evaluation shall include a description of the | ||||||
22 | principal's or assistant principal's duties and | ||||||
23 | responsibilities and the standards to which the principal or | ||||||
24 | assistant principal is expected to conform. | ||||||
25 | (c) The evaluation for a principal must be performed by | ||||||
26 | the district superintendent, the superintendent's designee, |
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1 | or, in the absence of the superintendent or his or her | ||||||
2 | designee, an individual appointed by the school board who | ||||||
3 | holds a registered Type 75 State administrative certificate. | ||||||
4 | Prior to September 1, 2012, the evaluation must be in | ||||||
5 | writing and must at least do all of the following: | ||||||
6 | (1) Consider the principal's specific duties, | ||||||
7 | responsibilities, management, and competence as a | ||||||
8 | principal. | ||||||
9 | (2) Specify the principal's strengths and weaknesses, | ||||||
10 | with supporting reasons. | ||||||
11 | (3) Align with research-based standards established by | ||||||
12 | administrative rule.
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13 | On and after September 1, 2012, the evaluation must, in | ||||||
14 | addition to the requirements in items (1), (2), and (3) of this | ||||||
15 | subsection (c), provide for the use of data and indicators on | ||||||
16 | student growth as a significant factor in rating performance. | ||||||
17 | (c-5) The evaluation of an assistant principal must be | ||||||
18 | performed by the principal, the district superintendent, the | ||||||
19 | superintendent's designee, or, in the absence of the | ||||||
20 | superintendent or his or her designee, an individual appointed | ||||||
21 | by the school board who holds a registered Type 75 State | ||||||
22 | administrative certificate. The evaluation must be in writing | ||||||
23 | and must at least do all of the following: | ||||||
24 | (1) Consider the assistant principal's specific | ||||||
25 | duties, responsibilities, management, and competence as an | ||||||
26 | assistant principal. |
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1 | (2) Specify the assistant principal's strengths and | ||||||
2 | weaknesses with supporting reasons. | ||||||
3 | (3) Align with the Illinois Professional Standards for | ||||||
4 | School Leaders or research-based district standards. | ||||||
5 | On and after September 1, 2012, the evaluation must, in | ||||||
6 | addition to the requirements in items (1), (2), and (3) of this | ||||||
7 | subsection (c-5), provide for the use of data and indicators | ||||||
8 | on student growth as a significant factor in rating | ||||||
9 | performance. | ||||||
10 | (d) One copy of the evaluation must be included in the | ||||||
11 | principal's or assistant principal's personnel file and one | ||||||
12 | copy of the evaluation must be provided to the principal or | ||||||
13 | assistant principal. | ||||||
14 | (e) Failure by a district to evaluate a principal or | ||||||
15 | assistant principal and to provide the principal or assistant | ||||||
16 | principal with a copy of the evaluation at least once during | ||||||
17 | the term of the principal's or assistant principal's contract, | ||||||
18 | in accordance with this Section, is evidence that the | ||||||
19 | principal or assistant principal is performing duties and | ||||||
20 | responsibilities in at least a satisfactory manner and shall | ||||||
21 | serve to automatically extend the principal's or assistant | ||||||
22 | principal's contract for a period of one year after the | ||||||
23 | contract would otherwise expire, under the same terms and | ||||||
24 | conditions as the prior year's contract. The requirements in | ||||||
25 | this Section are in addition to the right of a school board to | ||||||
26 | reclassify a principal or assistant principal pursuant to |
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1 | Section 10-23.8b of this Code. | ||||||
2 | (f) Nothing in this Section prohibits a school board from | ||||||
3 | ordering lateral transfers of principals or assistant | ||||||
4 | principals to positions of similar rank and salary.
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5 | (Source: P.A. 96-861, eff. 1-15-10; 97-217, eff. 7-28-11.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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