Bill Text: IL HB3063 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Evaluation of Employees Article of the School Code. With respect to a provision that provides that a principal shall not be prohibited from evaluating any teachers within a school during his or her first year as principal of such school, adds language to provide that 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. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0470 [HB3063 Detail]

Download: Illinois-2013-HB3063-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
24A-5 as follows:
(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.
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
"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
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
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,
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
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.)
Section 99. Effective date. This Act takes effect upon
becoming law.