Bill Text: IL SB2909 | 2025-2026 | 104th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Evaluation of Certified Employees Article of the School Code. Prohibits an evaluator from using an artificial intelligence tool to assign a numerical score or qualitative rating for any component of a teacher's evaluation or any evaluation task that requires professional judgment. However, allows an artificial intelligence tool to be used to support the evaluator in administrative tasks.
Sponsorship: Strong Partisan Bill (Democrat 19-1)
Status: (Enrolled) 2026-06-30 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB2909 Detail]
Download: Illinois-2025-SB2909-Introduced.html
Bill Title: Amends the Evaluation of Certified Employees Article of the School Code. Prohibits an evaluator from using an artificial intelligence tool to assign a numerical score or qualitative rating for any component of a teacher's evaluation or any evaluation task that requires professional judgment. However, allows an artificial intelligence tool to be used to support the evaluator in administrative tasks.
Sponsorship: Strong Partisan Bill (Democrat 19-1)
Status: (Enrolled) 2026-06-30 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB2909 Detail]
Download: Illinois-2025-SB2909-Introduced.html
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| 1 | AN ACT concerning education. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
| 5 | 24A-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 | |||||||||||||||||||
| 8 | not apply to teachers assigned to schools identified in an | |||||||||||||||||||
| 9 | agreement entered into between the board of a school district | |||||||||||||||||||
| 10 | operating under Article 34 of this Code and the exclusive | |||||||||||||||||||
| 11 | representative of the district's teachers in accordance with | |||||||||||||||||||
| 12 | Section 34-85c of this Code. | |||||||||||||||||||
| 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 | |||||||||||||||||||
| 17 | this Section. | |||||||||||||||||||
| 18 | Each school district shall establish a teacher evaluation | |||||||||||||||||||
| 19 | plan that ensures that: | |||||||||||||||||||
| 20 | (1) each teacher not in contractual continued service | |||||||||||||||||||
| 21 | is evaluated at least once every school year; and | |||||||||||||||||||
| 22 | (2) except as otherwise provided in this Section, each | |||||||||||||||||||
| 23 | teacher in contractual continued service is evaluated at | |||||||||||||||||||
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| 1 | least once in the course of every 2 school years. However, | ||||||
| 2 | any teacher in contractual continued service whose | ||||||
| 3 | performance is rated as either "needs improvement" or | ||||||
| 4 | "unsatisfactory" must be evaluated at least once in the | ||||||
| 5 | school year following the receipt of such rating. | ||||||
| 6 | No later than September 1, 2022, each school district must | ||||||
| 7 | establish a teacher evaluation plan that ensures that each | ||||||
| 8 | teacher in contractual continued service whose performance is | ||||||
| 9 | rated as either "excellent" or "proficient" is evaluated at | ||||||
| 10 | least once in the course of the 3 school years after receipt of | ||||||
| 11 | the rating and implement an informal teacher observation plan | ||||||
| 12 | established by agency rule and by agreement of the joint | ||||||
| 13 | committee established under subsection (b) of Section 24A-4 of | ||||||
| 14 | this Code that ensures that each teacher in contractual | ||||||
| 15 | continued service whose performance is rated as either | ||||||
| 16 | "excellent" or "proficient" is informally observed at least | ||||||
| 17 | once in the course of the 2 school years after receipt of the | ||||||
| 18 | rating. | ||||||
| 19 | Notwithstanding anything to the contrary in this Section | ||||||
| 20 | or any other Section of this Code, a principal shall not be | ||||||
| 21 | prohibited from evaluating any teachers within a school during | ||||||
| 22 | his or her first year as principal of such school. If a | ||||||
| 23 | first-year principal exercises this option in a school | ||||||
| 24 | district where the evaluation plan provides for a teacher in | ||||||
| 25 | contractual continued service to be evaluated once in the | ||||||
| 26 | course of every 2 or 3 school years, as applicable, then a new | ||||||
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| 1 | 2-year or 3-year evaluation plan must be established. | ||||||
| 2 | The evaluation plan shall comply with the requirements of | ||||||
| 3 | this Section and of any rules adopted by the State Board of | ||||||
| 4 | Education pursuant to this Section. | ||||||
| 5 | The plan shall include a description of each teacher's | ||||||
| 6 | duties and responsibilities and of the standards to which that | ||||||
| 7 | teacher is expected to conform, and shall include at least the | ||||||
| 8 | following components: | ||||||
| 9 | (a) personal observation of the teacher in the | ||||||
| 10 | classroom by the evaluator, unless the teacher has no | ||||||
| 11 | classroom duties. | ||||||
| 12 | (b) consideration of the teacher's attendance, | ||||||
| 13 | planning, instructional methods, classroom management, | ||||||
| 14 | where relevant, and competency in the subject matter | ||||||
| 15 | taught. | ||||||
| 16 | (c) (blank). | ||||||
| 17 | (d) (blank). | ||||||
| 18 | (e) rating of the performance of all teachers as | ||||||
| 19 | "excellent", "proficient", "needs improvement" or | ||||||
| 20 | "unsatisfactory". | ||||||
| 21 | (f) specification as to the teacher's strengths and | ||||||
| 22 | weaknesses, with supporting reasons for the comments made. | ||||||
| 23 | (g) inclusion of a copy of the evaluation in the | ||||||
| 24 | teacher's personnel file and provision of a copy to the | ||||||
| 25 | teacher. | ||||||
| 26 | (h) within 30 school days after the completion of an | ||||||
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| 1 | evaluation rating a teacher in contractual continued | ||||||
| 2 | service as "needs improvement", development by the | ||||||
| 3 | evaluator, in consultation with the teacher, and taking | ||||||
| 4 | into account the teacher's ongoing professional | ||||||
| 5 | responsibilities including his or her regular teaching | ||||||
| 6 | assignments, of a professional development plan directed | ||||||
| 7 | to the areas that need improvement and any supports that | ||||||
| 8 | the district will provide to address the areas identified | ||||||
| 9 | as needing improvement. | ||||||
| 10 | (i) within 30 school days after completion of an | ||||||
| 11 | evaluation rating a teacher in contractual continued | ||||||
| 12 | service as "unsatisfactory", development and commencement | ||||||
| 13 | by the district of a remediation plan designed to correct | ||||||
| 14 | deficiencies cited, provided the deficiencies are deemed | ||||||
| 15 | remediable. In all school districts the remediation plan | ||||||
| 16 | for unsatisfactory, tenured teachers shall provide for 90 | ||||||
| 17 | school days of remediation within the classroom, unless an | ||||||
| 18 | applicable collective bargaining agreement provides for a | ||||||
| 19 | shorter duration. In all school districts evaluations | ||||||
| 20 | issued pursuant to this Section shall be issued within 10 | ||||||
| 21 | days after the conclusion of the respective remediation | ||||||
| 22 | plan. However, the school board or other governing | ||||||
| 23 | authority of the district shall not lose jurisdiction to | ||||||
| 24 | discharge a teacher in the event the evaluation is not | ||||||
| 25 | issued within 10 days after the conclusion of the | ||||||
| 26 | respective remediation plan. | ||||||
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| 1 | (j) participation in the remediation plan by the | ||||||
| 2 | teacher in contractual continued service rated | ||||||
| 3 | "unsatisfactory", an evaluator and a consulting teacher | ||||||
| 4 | selected by the evaluator of the teacher who was rated | ||||||
| 5 | "unsatisfactory", which consulting teacher is an | ||||||
| 6 | educational employee as defined in the Illinois | ||||||
| 7 | Educational Labor Relations Act, has at least 5 years' | ||||||
| 8 | teaching experience, and a reasonable familiarity with the | ||||||
| 9 | assignment of the teacher being evaluated, and who | ||||||
| 10 | received an "excellent" rating on his or her most recent | ||||||
| 11 | evaluation. Where no teachers who meet these criteria are | ||||||
| 12 | available within the district, the district shall request | ||||||
| 13 | and the applicable regional office of education shall | ||||||
| 14 | supply, to participate in the remediation process, an | ||||||
| 15 | individual who meets these criteria. | ||||||
| 16 | In a district having a population of less than 500,000 | ||||||
| 17 | with an exclusive bargaining agent, the bargaining agent | ||||||
| 18 | may, if it so chooses, supply a roster of qualified | ||||||
| 19 | teachers from whom the consulting teacher is to be | ||||||
| 20 | selected. That roster shall, however, contain the names of | ||||||
| 21 | at least 5 teachers, each of whom meets the criteria for | ||||||
| 22 | consulting teacher with regard to the teacher being | ||||||
| 23 | evaluated, or the names of all teachers so qualified if | ||||||
| 24 | that number is less than 5. In the event of a dispute as to | ||||||
| 25 | qualification, the State Board shall determine | ||||||
| 26 | qualification. | ||||||
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| 1 | (k) a mid-point and final evaluation by an evaluator | ||||||
| 2 | during and at the end of the remediation period, | ||||||
| 3 | immediately following receipt of a remediation plan | ||||||
| 4 | provided for under subsections (i) and (j) of this | ||||||
| 5 | Section. Each evaluation shall assess the teacher's | ||||||
| 6 | performance during the time period since the prior | ||||||
| 7 | evaluation; provided that the last evaluation shall also | ||||||
| 8 | include an overall evaluation of the teacher's performance | ||||||
| 9 | during the remediation period. A written copy of the | ||||||
| 10 | evaluations and ratings, in which any deficiencies in | ||||||
| 11 | performance and recommendations for correction are | ||||||
| 12 | identified, shall be provided to and discussed with the | ||||||
| 13 | teacher within 10 school days after the date of the | ||||||
| 14 | evaluation, unless an applicable collective bargaining | ||||||
| 15 | agreement provides to the contrary. These subsequent | ||||||
| 16 | evaluations shall be conducted by an evaluator. The | ||||||
| 17 | consulting teacher shall provide advice to the teacher | ||||||
| 18 | rated "unsatisfactory" on how to improve teaching skills | ||||||
| 19 | and to successfully complete the remediation plan. The | ||||||
| 20 | consulting teacher shall participate in developing the | ||||||
| 21 | remediation plan, but the final decision as to the | ||||||
| 22 | evaluation shall be done solely by the evaluator, unless | ||||||
| 23 | an applicable collective bargaining agreement provides to | ||||||
| 24 | the contrary. Evaluations at the conclusion of the | ||||||
| 25 | remediation process shall be separate and distinct from | ||||||
| 26 | the required annual evaluations of teachers and shall not | ||||||
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| 1 | be subject to the guidelines and procedures relating to | ||||||
| 2 | those annual evaluations. The evaluator may but is not | ||||||
| 3 | required to use the forms provided for the annual | ||||||
| 4 | evaluation of teachers in the district's evaluation plan. | ||||||
| 5 | (l) reinstatement to the evaluation schedule set forth | ||||||
| 6 | in the district's evaluation plan for any teacher in | ||||||
| 7 | contractual continued service who achieves a rating equal | ||||||
| 8 | to or better than "satisfactory" or "proficient" in the | ||||||
| 9 | school year following a rating of "needs improvement" or | ||||||
| 10 | "unsatisfactory". | ||||||
| 11 | (m) dismissal in accordance with subsection (d) of | ||||||
| 12 | Section 24-12 or Section 24-16.5 or 34-85 of this Code of | ||||||
| 13 | any teacher who fails to complete any applicable | ||||||
| 14 | remediation plan with a rating equal to or better than a | ||||||
| 15 | "satisfactory" or "proficient" rating. Districts and | ||||||
| 16 | teachers subject to dismissal hearings are precluded from | ||||||
| 17 | compelling the testimony of consulting teachers at such | ||||||
| 18 | hearings under subsection (d) of Section 24-12 or Section | ||||||
| 19 | 24-16.5 or 34-85 of this Code, either as to the rating | ||||||
| 20 | process or for opinions of performances by teachers under | ||||||
| 21 | remediation. | ||||||
| 22 | (n) If a teacher in contractual continued service | ||||||
| 23 | successfully completes a remediation plan following a | ||||||
| 24 | rating of "unsatisfactory" in an overall performance | ||||||
| 25 | evaluation received after the foregoing implementation | ||||||
| 26 | date and receives a subsequent rating of "unsatisfactory" | ||||||
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| 1 | in any of the teacher's overall performance evaluation | ||||||
| 2 | ratings received during the 36-month period following the | ||||||
| 3 | teacher's completion of the remediation plan, then the | ||||||
| 4 | school district may forgo remediation and seek dismissal | ||||||
| 5 | in accordance with subsection (d) of Section 24-12 or | ||||||
| 6 | Section 34-85 of this Code. | ||||||
| 7 | (o) Teachers who are due to be evaluated in the last | ||||||
| 8 | year before they are set to retire shall be offered the | ||||||
| 9 | opportunity to waive their evaluation and to retain their | ||||||
| 10 | most recent rating, unless the teacher was last rated as | ||||||
| 11 | "needs improvement" or "unsatisfactory". The school | ||||||
| 12 | district may still reserve the right to evaluate a teacher | ||||||
| 13 | provided the district gives notice to the teacher at least | ||||||
| 14 | 14 days before the evaluation and a reason for evaluating | ||||||
| 15 | the teacher. | ||||||
| 16 | An evaluator is prohibited from using an artificial | ||||||
| 17 | intelligence tool to assign a numerical score or qualitative | ||||||
| 18 | rating, such as "excellent", "proficient", "need improvement", | ||||||
| 19 | or "unsatisfactory", for any component of a teacher's | ||||||
| 20 | evaluation or any evaluation task that requires professional | ||||||
| 21 | judgment. However, an artificial intelligence tool may be used | ||||||
| 22 | to support the evaluator in administrative tasks. The joint | ||||||
| 23 | committee under subsection (b-5) of Section 24A-4 shall | ||||||
| 24 | determine how artificial intelligence tools may be used to | ||||||
| 25 | support an evaluator in administrative tasks. If an evaluator | ||||||
| 26 | uses an artificial intelligence tool, the name and specific | ||||||
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| 1 | purpose of the artificial intelligence tool must be disclosed | ||||||
| 2 | to the teacher being evaluated. | ||||||
| 3 | Nothing in this Section or Section 24A-4 shall be | ||||||
| 4 | construed as preventing immediate dismissal of a teacher for | ||||||
| 5 | deficiencies which are deemed irremediable or for actions | ||||||
| 6 | which are injurious to or endanger the health or person of | ||||||
| 7 | students in the classroom or school, or preventing the | ||||||
| 8 | dismissal or non-renewal of teachers not in contractual | ||||||
| 9 | continued service for any reason not prohibited by applicable | ||||||
| 10 | employment, labor, and civil rights laws. Failure to strictly | ||||||
| 11 | comply with the time requirements contained in Section 24A-5 | ||||||
| 12 | shall not invalidate the results of the remediation plan. | ||||||
| 13 | Nothing contained in Public Act 98-648 repeals, | ||||||
| 14 | supersedes, invalidates, or nullifies final decisions in | ||||||
| 15 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
| 16 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
| 17 | Public Act 97-8. | ||||||
| 18 | If the Governor has declared a disaster due to a public | ||||||
| 19 | health emergency pursuant to Section 7 of the Illinois | ||||||
| 20 | Emergency Management Agency Act that suspends in-person | ||||||
| 21 | instruction, the timelines in this Section connected to the | ||||||
| 22 | commencement and completion of any remediation plan are | ||||||
| 23 | waived. Except if the parties mutually agree otherwise and the | ||||||
| 24 | agreement is in writing, any remediation plan that had been in | ||||||
| 25 | place for more than 45 days prior to the suspension of | ||||||
| 26 | in-person instruction shall resume when in-person instruction | ||||||
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| 1 | resumes and any remediation plan that had been in place for | ||||||
| 2 | fewer than 45 days prior to the suspension of in-person | ||||||
| 3 | instruction shall be discontinued and a new remediation period | ||||||
| 4 | shall begin when in-person instruction resumes. The | ||||||
| 5 | requirements of this paragraph apply regardless of whether | ||||||
| 6 | they are included in a school district's teacher evaluation | ||||||
| 7 | plan. | ||||||
| 8 | (Source: P.A. 103-85, eff. 6-9-23; 103-605, eff. 7-1-24; | ||||||
| 9 | 104-20, eff. 7-1-25; 104-417, eff. 8-15-25.) | ||||||
