102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1831

 

Introduced 2/26/2021, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/24A-4  from Ch. 122, par. 24A-4
105 ILCS 5/24A-5  from Ch. 122, par. 24A-5
105 ILCS 5/24A-7  from Ch. 122, par. 24A-7

    Amends the Evaluation of Employees Article of the School Code. In a provision concerning the development of evaluation plans, provides that each school district shall determine research-based and proven evaluation practices (instead of incorporating the use of data and indicators on student growth). Provides that the practices may include incorporating the use of data and indicators on student growth, student surveys, teacher self-evaluation, goal-setting practices, peer-to-peer feedback, practices developed and approved by a specified joint committee, or practices recommended by the Performance Evaluation Advisory Council. Makes conforming changes. Provides that if a joint committee does not reach agreement on an evaluation plan, then the evaluation rating shall be based on professional practice as established by the district's evaluation plan (instead of implementing a model evaluation plan). Provides that the Performance Evaluation Advisory Council may develop nonregulatory guidance on research-based and proven evaluation practices.


LRB102 13728 CMG 19078 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1831LRB102 13728 CMG 19078 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 Sections
524A-4, 24A-5, and 24A-7 as follows:
 
6    (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
7    Sec. 24A-4. Development of evaluation plan.
8    (a) As used in this and the succeeding Sections, "teacher"
9means any and all school district employees regularly required
10to be certified under laws relating to the certification of
11teachers. Each school district shall develop, in cooperation
12with its teachers or, where applicable, the exclusive
13bargaining representatives of its teachers, an evaluation plan
14for all teachers.
15    (b) Each By no later than the applicable implementation
16date, each school district shall, in good faith cooperation
17with its teachers or, where applicable, the exclusive
18bargaining representatives of its teachers, determine
19research-based and proven evaluation practices. Practices may
20include:
21        (1) incorporating incorporate the use of data and
22    indicators on student growth as a significant factor in
23    rating teaching performance, into its evaluation plan for

 

 

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1    all teachers, both those teachers in contractual continued
2    service and those teachers not in contractual continued
3    service. The plan shall at least meet the standards and
4    requirements for student growth and teacher evaluation
5    established under Section 24A-7, and specifically describe
6    how student growth data and indicators will be used as
7    part of the evaluation process, how this information will
8    relate to evaluation standards, the assessments or other
9    indicators of student performance that will be used in
10    measuring student growth and the weight that each will
11    have, the methodology that will be used to measure student
12    growth, and the criteria other than student growth that
13    will be used in evaluating the teacher and the weight that
14    each will have;
15        (2) student surveys;
16        (3) teacher self-evaluation;
17        (4) goal-setting practices;
18        (5) peer-to-peer feedback;
19        (6) practices developed and approved by the joint
20    committee established under this subsection (b); or
21        (7) practices recommended by the Performance
22    Evaluation Advisory Council established under Section
23    24A-7 of this Code.
24    To incorporate the use of research-based and proven
25evaluation practices data and indicators of student growth as
26a significant factor in rating teacher performance into the

 

 

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1evaluation plan, the district shall use a joint committee
2composed of equal representation selected by the district and
3its teachers or, where applicable, the exclusive bargaining
4representative of its teachers. If, within 180 calendar days
5of the committee's first meeting, the committee does not reach
6agreement on the plan, then the evaluation rating shall be
7based on professional practice as established by the
8district's evaluation plan the district shall implement the
9model evaluation plan established under Section 24A-7 with
10respect to the use of data and indicators on student growth as
11a significant factor in rating teacher performance.
12    Nothing in this subsection (b) shall make decisions on the
13use of data and indicators on student growth as a significant
14factor in rating teaching performance mandatory subjects of
15bargaining under the Illinois Educational Labor Relations Act
16that are not currently mandatory subjects of bargaining under
17the Act.
18    The provisions of the Open Meetings Act shall not apply to
19meetings of a joint committee formed under this subsection
20(b).
21    (c) Notwithstanding anything to the contrary in subsection
22(b) of this Section, if the joint committee referred to in that
23subsection does not reach agreement on the plan within 90
24calendar days after the committee's first meeting, a school
25district having 500,000 or more inhabitants shall not be
26required to implement any aspect of the model evaluation plan

 

 

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1and may implement its last best proposal.
2    (d) Beginning the first school year following the
3effective date of this amendatory Act of the 100th General
4Assembly, the joint committee referred to in subsection (b) of
5this Section shall meet no less than one time annually to
6assess and review the effectiveness of the district's
7evaluation plan for the purposes of continuous improvement of
8instruction and evaluation practices.
9(Source: P.A. 100-768, eff. 1-1-19.)
 
10    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
11    Sec. 24A-5. Content of evaluation plans. This Section
12does not apply to teachers assigned to schools identified in
13an agreement entered into between the board of a school
14district operating under Article 34 of this Code and the
15exclusive representative of the district's teachers in
16accordance with Section 34-85c of this Code.
17    Each school district to which this Article applies shall
18establish a teacher evaluation plan which ensures that each
19teacher in contractual continued service is evaluated at least
20once in the course of every 2 school years.
21    By no later than September 1, 2012, each school district
22shall establish a teacher evaluation plan that ensures that:
23        (1) each teacher not in contractual continued service
24    is evaluated at least once every school year; and
25        (2) each teacher in contractual continued service is

 

 

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1    evaluated at least once in the course of every 2 school
2    years. However, any teacher in contractual continued
3    service whose performance is rated as either "needs
4    improvement" or "unsatisfactory" must be evaluated at
5    least once in the school year following the receipt of
6    such rating.
7    Notwithstanding anything to the contrary in this Section
8or any other Section of the School Code, a principal shall not
9be prohibited from evaluating any teachers within a school
10during his or her first year as principal of such school. If a
11first-year principal exercises this option in a school
12district where the evaluation plan provides for a teacher in
13contractual continued service to be evaluated once in the
14course of every 2 school years, then a new 2-year evaluation
15plan must be established.
16    The evaluation plan shall comply with the requirements of
17this Section and of any rules adopted by the State Board of
18Education pursuant to this Section.
19    The plan shall include a description of each teacher's
20duties and responsibilities and of the standards to which that
21teacher is expected to conform, and shall include at least the
22following components:
23        (a) personal observation of the teacher in the
24    classroom by the evaluator, unless the teacher has no
25    classroom duties.
26        (b) consideration of the teacher's attendance,

 

 

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1    planning, instructional methods, classroom management,
2    where relevant, and competency in the subject matter
3    taught.
4        (c) by no later than the applicable implementation
5    date, consideration of research-based and proven
6    evaluation practices 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
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
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
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
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
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 annual
24    or biennial overall performance evaluation received after
25    the foregoing implementation date and receives a
26    subsequent rating of "unsatisfactory" in any of the

 

 

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1    teacher's annual or biennial overall performance
2    evaluation ratings received during the 36-month period
3    following the teacher's completion of the remediation
4    plan, then the school district may forego remediation and
5    seek dismissal in accordance with subsection (d) of
6    Section 24-12 or Section 34-85 of this Code.
7    Nothing in this Section or Section 24A-4 shall be
8construed as preventing immediate dismissal of a teacher for
9deficiencies which are deemed irremediable or for actions
10which are injurious to or endanger the health or person of
11students in the classroom or school, or preventing the
12dismissal or non-renewal of teachers not in contractual
13continued service for any reason not prohibited by applicable
14employment, labor, and civil rights laws. Failure to strictly
15comply with the time requirements contained in Section 24A-5
16shall not invalidate the results of the remediation plan.
17    Nothing contained in this amendatory Act of the 98th
18General Assembly repeals, supersedes, invalidates, or
19nullifies final decisions in lawsuits pending on the effective
20date of this amendatory Act of the 98th General Assembly in
21Illinois courts involving the interpretation of Public Act
2297-8.
23    If the Governor has declared a disaster due to a public
24health emergency pursuant to Section 7 of the Illinois
25Emergency Management Agency Act that suspends in-person
26instruction, the timelines in this Section connected to the

 

 

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1commencement and completion of any remediation plan are
2waived. Except if the parties mutually agree otherwise and the
3agreement is in writing, any remediation plan that had been in
4place for more than 45 days prior to the suspension of
5in-person instruction shall resume when in-person instruction
6resumes and any remediation plan that had been in place for
7fewer than 45 days prior to the suspension of in-person
8instruction shall be discontinued and a new remediation period
9shall begin when in-person instruction resumes. The
10requirements of this paragraph apply regardless of whether
11they are included in a school district's teacher evaluation
12plan.
13(Source: P.A. 101-643, eff. 6-18-20.)
 
14    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
15    Sec. 24A-7. Rules. The State Board of Education is
16authorized to adopt such rules as are deemed necessary to
17implement and accomplish the purposes and provisions of this
18Article, including, but not limited to, rules:
19        (1) (i) relating to the methods for measuring student
20    growth (including, but not limited to, limitations on the
21    age of usable useable data; the amount of data needed to
22    reliably and validly measure growth for the purpose of
23    teacher and principal evaluations; and whether and at what
24    time annual State assessments may be used as one of
25    multiple measures of student growth);

 

 

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1        (2) , (ii) defining the term "significant factor" for
2    purposes of including consideration of student growth in
3    performance ratings;
4        (3) , (iii) controlling for such factors as student
5    characteristics (including, but not limited to, students
6    receiving special education and English Language Learner
7    services), student attendance, and student mobility so as
8    to best measure the impact that a teacher, principal,
9    school and school district has on students' academic
10    achievement;
11        (4) , (iv) establishing minimum requirements for
12    district teacher and principal evaluation instruments and
13    procedures; , and
14        (5) (v) establishing a model evaluation plan for use
15    by school districts in which student growth shall comprise
16    50% of the performance rating.
17    Notwithstanding any other provision in this Section, such
18rules shall not preclude a school district having 500,000 or
19more inhabitants from using an annual State assessment as the
20sole measure of student growth for purposes of teacher or
21principal evaluations.
22    The State Superintendent of Education shall convene a
23Performance Evaluation Advisory Council, which shall be
24staffed by the State Board of Education. Members of the
25Council shall be selected by the State Superintendent and
26include, without limitation, representatives of teacher unions

 

 

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1and school district management, persons with expertise in
2performance evaluation processes and systems, as well as other
3stakeholders. The Council shall meet at least quarterly, and
4may also meet at the call of the chairperson of the Council,
5following August 18, 2017 (the effective date of Public Act
6100-211) this amendatory Act of the 100th General Assembly
7until June 30, 2021. The Council shall advise the State Board
8of Education on the ongoing implementation of performance
9evaluations in this State, which may include gathering public
10feedback, sharing best practices, developing nonregulatory
11guidance on research-based and proven evaluation practices,
12consulting with the State Board on any proposed rule changes
13regarding evaluations, and other subjects as determined by the
14chairperson of the Council.
15    Prior to the applicable implementation date, these rules
16shall not apply to teachers assigned to schools identified in
17an agreement entered into between the board of a school
18district operating under Article 34 of this Code and the
19exclusive representative of the district's teachers in
20accordance with Section 34-85c of this Code.
21(Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)