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| Public Act 098-0470
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| HB3063 Enrolled | LRB098 08391 NHT 38496 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
24A-5 as follows:
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(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) |
Sec. 24A-5. Content of evaluation plans. This Section does |
not apply to teachers assigned to schools identified in an |
agreement entered into between the board of a school district |
operating under Article 34 of this Code and the exclusive |
representative of the district's teachers in accordance with |
Section 34-85c of this Code.
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Each school district to
which this Article applies shall |
establish a teacher evaluation plan
which ensures that each |
teacher in contractual continued service
is evaluated at least |
once in the course of every 2 school years. |
By no later than September 1, 2012, each school district |
shall establish a teacher evaluation plan that ensures that: |
(1) each teacher not in contractual continued service |
is evaluated at least once every school year; and |
(2) each teacher in contractual continued service is |
evaluated at least once in the course of every 2 school |
years. However, any teacher in contractual continued |
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service whose performance is rated as either "needs |
improvement" or "unsatisfactory" must be evaluated at |
least once in the school year following the receipt of such |
rating. |
Notwithstanding anything to the contrary in this Section or |
any other Section of the School Code, a principal shall not be |
prohibited from evaluating any teachers within a school during |
his or her first year as principal of such school. If a |
first-year principal exercises this option in a school district |
where the evaluation plan provides for a teacher in contractual |
continued service to be evaluated once in the course of every 2 |
school years, then a new 2-year evaluation plan must be |
established. |
The evaluation plan shall comply with the requirements of |
this Section and
of any rules adopted by the State Board of |
Education pursuant to this Section. |
The plan shall include a description of each teacher's |
duties
and responsibilities and of the standards to which that |
teacher
is expected to conform, and shall include at least the |
following components: |
(a) personal observation of the teacher in the |
classroom by the evaluator, unless
the teacher has no |
classroom duties. |
(b) consideration of the teacher's attendance, |
planning,
instructional methods, classroom management, |
where relevant, and
competency in the subject matter |
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taught. |
(c) by no later than the applicable implementation |
date, consideration of student growth as a significant |
factor in the rating of the teacher's performance. |
(d) prior to September 1, 2012, rating of the |
performance of teachers in contractual continued service |
as either: |
(i) "excellent",
"satisfactory" or |
"unsatisfactory"; or |
(ii) "excellent", "proficient", "needs |
improvement" or "unsatisfactory". |
(e) on and after September 1, 2012, rating of the |
performance of all teachers as "excellent", "proficient", |
"needs improvement" or "unsatisfactory". |
(f) specification as to the teacher's strengths and |
weaknesses, with
supporting reasons for the comments made. |
(g) inclusion of a copy of the evaluation in the |
teacher's personnel
file and provision of a copy to the |
teacher. |
(h) within 30 school days after the completion of an |
evaluation rating a teacher in contractual continued |
service as "needs improvement", development by the |
evaluator, in consultation with the teacher, and taking |
into account the teacher's on-going professional |
responsibilities including his or her regular teaching |
assignments, of a professional development plan directed |
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to the areas that need improvement and any supports that |
the district will provide to address the areas identified |
as needing improvement. |
(i) within 30 school days after completion of an |
evaluation rating a teacher
in contractual continued |
service as "unsatisfactory", development and commencement |
by the district of a remediation plan designed to correct |
deficiencies
cited, provided the deficiencies are deemed |
remediable.
In all school districts the
remediation plan |
for unsatisfactory, tenured teachers shall
provide for 90 |
school days of remediation within the
classroom, unless an |
applicable collective bargaining agreement provides for a |
shorter duration. In all school districts evaluations |
issued pursuant
to
this Section shall be
issued within 10 |
days after the conclusion of the respective remediation |
plan.
However, the school board or other governing |
authority of the district
shall not lose
jurisdiction to |
discharge a teacher in the event the evaluation is not |
issued
within 10 days after the conclusion of the |
respective remediation plan. |
(j) participation in the remediation plan by the |
teacher in contractual continued service rated
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"unsatisfactory", an evaluator and a consulting teacher |
selected by the evaluator of the teacher who was rated |
"unsatisfactory", which
consulting teacher is an |
educational employee as defined in the Educational
Labor |
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Relations Act, has at least 5 years' teaching experience, |
and a
reasonable familiarity with the assignment of the |
teacher being evaluated,
and who received an "excellent" |
rating on his or her most
recent evaluation. Where no |
teachers who meet these criteria are available
within the |
district, the district shall request and the applicable |
regional office of education shall supply, to participate |
in the remediation process, an
individual who meets these |
criteria. |
In a district having a population of less than 500,000 |
with an
exclusive bargaining agent, the bargaining agent
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may, if it so chooses, supply a roster of qualified |
teachers from whom the
consulting teacher is to be |
selected. That roster shall, however, contain
the names of |
at least 5 teachers, each of whom meets the criteria for
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consulting teacher with regard to the teacher being |
evaluated, or the names
of all teachers so qualified if |
that number is less than 5. In the event of
a dispute as to |
qualification, the State Board shall determine |
qualification. |
(k) a mid-point and final evaluation by an evaluator |
during and at the end of the remediation period, |
immediately following receipt of a remediation plan |
provided for under subsections (i) and (j) of this Section. |
Each evaluation shall assess the teacher's performance |
during the time period since the prior evaluation; provided |
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that the last evaluation shall also include an overall |
evaluation of the teacher's performance during the |
remediation period. A written copy of the evaluations and |
ratings, in which any deficiencies in performance and |
recommendations for correction are identified, shall be |
provided to and discussed with the teacher within 10 school |
days after the date of the evaluation, unless an applicable |
collective bargaining agreement provides to the contrary. |
These subsequent evaluations
shall be conducted by an |
evaluator. The consulting
teacher shall provide advice to |
the teacher rated "unsatisfactory" on how
to improve |
teaching skills and to successfully complete the |
remediation
plan. The consulting teacher shall participate |
in developing the
remediation plan, but the final decision |
as to the evaluation shall be done
solely by the evaluator,
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unless an applicable collective bargaining agreement |
provides to the contrary.
Evaluations at the
conclusion of |
the remediation process shall be separate and distinct from |
the
required annual evaluations of teachers and shall not |
be subject to the
guidelines and procedures relating to |
those annual evaluations. The evaluator
may but is not |
required to use the forms provided for the annual |
evaluation of
teachers in the district's evaluation plan. |
(l)
reinstatement to the evaluation schedule set forth |
in the district's evaluation plan for any teacher in |
contractual continued service
who achieves a rating equal |
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to or better than "satisfactory" or "proficient" in the |
school year following a rating of "needs improvement" or |
"unsatisfactory". |
(m) dismissal in accordance with subsection (d) of |
Section 24-12 or Section 24-16.5 or 34-85 of this
Code of |
any teacher who fails to complete any applicable |
remediation plan
with a rating equal to or better than a |
"satisfactory" or "proficient" rating. Districts and |
teachers subject to
dismissal hearings are precluded from |
compelling the testimony of
consulting teachers at such |
hearings under subsection (d) of Section 24-12 or Section |
24-16.5 or 34-85 of this Code, either
as to the rating |
process or for opinions of performances by teachers under
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remediation. |
(n) After the implementation date of an evaluation |
system for teachers in a district as specified in Section |
24A-2.5 of this Code, if a teacher in contractual continued |
service successfully completes a remediation plan |
following a rating of "unsatisfactory" and receives a |
subsequent rating of "unsatisfactory" in any of the |
teacher's annual or biannual overall performance |
evaluation ratings received during the 36-month period |
following the teacher's completion of the remediation |
plan, then the school district may forego remediation and |
seek dismissal in accordance with subsection (d) of Section |
24-12 or Section 34-85 of this Code. |
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Nothing in this Section or Section 24A-4 shall be construed |
as preventing immediate
dismissal of a teacher for deficiencies |
which are
deemed irremediable or for actions which are |
injurious to or endanger the
health or person of students in |
the classroom or school, or preventing the dismissal or |
non-renewal of teachers not in contractual continued service |
for any reason not prohibited by applicable employment, labor, |
and civil rights laws. Failure to
strictly comply with the time |
requirements contained in Section 24A-5 shall
not invalidate |
the results of the remediation plan. |
(Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; 97-8, |
eff. 6-13-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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