Full Text of HB3063 98th General Assembly
HB3063enr 98TH GENERAL ASSEMBLY |
| | HB3063 Enrolled | | LRB098 08391 NHT 38496 b |
|
| 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 school years. | 17 | | By no later than September 1, 2012, each school district | 18 | | shall establish a teacher evaluation plan that ensures that: | 19 | | (1) each teacher not in contractual continued service | 20 | | is evaluated at least once every school year; and | 21 | | (2) each teacher in contractual continued service is | 22 | | evaluated at least once in the course of every 2 school | 23 | | years. However, any teacher in contractual continued |
| | | HB3063 Enrolled | - 2 - | LRB098 08391 NHT 38496 b |
|
| 1 | | service whose performance is rated as either "needs | 2 | | improvement" or "unsatisfactory" must be evaluated at | 3 | | least once in the school year following the receipt of such | 4 | | rating. | 5 | | Notwithstanding anything to the contrary in this Section or | 6 | | any other Section of the School Code, a principal shall not be | 7 | | prohibited from evaluating any teachers within a school during | 8 | | his or her first year as principal of such school. If a | 9 | | first-year principal exercises this option in a school district | 10 | | where the evaluation plan provides for a teacher in contractual | 11 | | continued service to be evaluated once in the course of every 2 | 12 | | school years, then a new 2-year evaluation plan must be | 13 | | established. | 14 | | The evaluation plan shall comply with the requirements of | 15 | | this Section and
of any rules adopted by the State Board of | 16 | | Education pursuant to this Section. | 17 | | The plan shall include a description of each teacher's | 18 | | duties
and responsibilities and of the standards to which that | 19 | | teacher
is expected to conform, and shall include at least the | 20 | | following components: | 21 | | (a) personal observation of the teacher in the | 22 | | classroom by the evaluator, unless
the teacher has no | 23 | | classroom duties. | 24 | | (b) consideration of the teacher's attendance, | 25 | | planning,
instructional methods, classroom management, | 26 | | where relevant, and
competency in the subject matter |
| | | HB3063 Enrolled | - 3 - | LRB098 08391 NHT 38496 b |
|
| 1 | | taught. | 2 | | (c) by no later than the applicable implementation | 3 | | date, consideration of student growth as a significant | 4 | | factor in the rating of the teacher's performance. | 5 | | (d) prior to September 1, 2012, rating of the | 6 | | performance of teachers in contractual continued service | 7 | | as either: | 8 | | (i) "excellent",
"satisfactory" or | 9 | | "unsatisfactory"; or | 10 | | (ii) "excellent", "proficient", "needs | 11 | | improvement" or "unsatisfactory". | 12 | | (e) on and after September 1, 2012, rating of the | 13 | | performance of all teachers as "excellent", "proficient", | 14 | | "needs improvement" or "unsatisfactory". | 15 | | (f) specification as to the teacher's strengths and | 16 | | weaknesses, with
supporting reasons for the comments made. | 17 | | (g) inclusion of a copy of the evaluation in the | 18 | | teacher's personnel
file and provision of a copy to the | 19 | | teacher. | 20 | | (h) within 30 school days after the completion of an | 21 | | evaluation rating a teacher in contractual continued | 22 | | service as "needs improvement", development by the | 23 | | evaluator, in consultation with the teacher, and taking | 24 | | into account the teacher's on-going professional | 25 | | responsibilities including his or her regular teaching | 26 | | assignments, of a professional development plan directed |
| | | HB3063 Enrolled | - 4 - | LRB098 08391 NHT 38496 b |
|
| 1 | | to the areas that need improvement and any supports that | 2 | | the district will provide to address the areas identified | 3 | | as needing improvement. | 4 | | (i) within 30 school days after completion of an | 5 | | evaluation rating a teacher
in contractual continued | 6 | | service as "unsatisfactory", development and commencement | 7 | | by the district of a remediation plan designed to correct | 8 | | deficiencies
cited, provided the deficiencies are deemed | 9 | | remediable.
In all school districts the
remediation plan | 10 | | for unsatisfactory, tenured teachers shall
provide for 90 | 11 | | school days of remediation within the
classroom, unless an | 12 | | applicable collective bargaining agreement provides for a | 13 | | shorter duration. In all school districts evaluations | 14 | | issued pursuant
to
this Section shall be
issued within 10 | 15 | | days after the conclusion of the respective remediation | 16 | | plan.
However, the school board or other governing | 17 | | authority of the district
shall not lose
jurisdiction to | 18 | | discharge a teacher in the event the evaluation is not | 19 | | issued
within 10 days after the conclusion of the | 20 | | respective remediation plan. | 21 | | (j) participation in the remediation plan by the | 22 | | teacher in contractual continued service rated
| 23 | | "unsatisfactory", an evaluator and a consulting teacher | 24 | | selected by the evaluator of the teacher who was rated | 25 | | "unsatisfactory", which
consulting teacher is an | 26 | | educational employee as defined in the Educational
Labor |
| | | HB3063 Enrolled | - 5 - | LRB098 08391 NHT 38496 b |
|
| 1 | | Relations Act, has at least 5 years' teaching experience, | 2 | | and a
reasonable familiarity with the assignment of the | 3 | | teacher being evaluated,
and who received an "excellent" | 4 | | rating on his or her most
recent evaluation. Where no | 5 | | teachers who meet these criteria are available
within the | 6 | | district, the district shall request and the applicable | 7 | | regional office of education shall supply, to participate | 8 | | in the remediation process, an
individual who meets these | 9 | | criteria. | 10 | | In a district having a population of less than 500,000 | 11 | | with an
exclusive bargaining agent, the bargaining agent
| 12 | | may, if it so chooses, supply a roster of qualified | 13 | | teachers from whom the
consulting teacher is to be | 14 | | selected. That roster shall, however, contain
the names of | 15 | | at least 5 teachers, each of whom meets the criteria for
| 16 | | consulting teacher with regard to the teacher being | 17 | | evaluated, or the names
of all teachers so qualified if | 18 | | that number is less than 5. In the event of
a dispute as to | 19 | | qualification, the State Board shall determine | 20 | | qualification. | 21 | | (k) a mid-point and final evaluation by an evaluator | 22 | | during and at the end of the remediation period, | 23 | | immediately following receipt of a remediation plan | 24 | | provided for under subsections (i) and (j) of this Section. | 25 | | Each evaluation shall assess the teacher's performance | 26 | | during the time period since the prior evaluation; provided |
| | | HB3063 Enrolled | - 6 - | LRB098 08391 NHT 38496 b |
|
| 1 | | that the last evaluation shall also include an overall | 2 | | evaluation of the teacher's performance during the | 3 | | remediation period. A written copy of the evaluations and | 4 | | ratings, in which any deficiencies in performance and | 5 | | recommendations for correction are identified, shall be | 6 | | provided to and discussed with the teacher within 10 school | 7 | | days after the date of the evaluation, unless an applicable | 8 | | collective bargaining agreement provides to the contrary. | 9 | | These subsequent evaluations
shall be conducted by an | 10 | | evaluator. The consulting
teacher shall provide advice to | 11 | | the teacher rated "unsatisfactory" on how
to improve | 12 | | teaching skills and to successfully complete the | 13 | | remediation
plan. The consulting teacher shall participate | 14 | | in developing the
remediation plan, but the final decision | 15 | | as to the evaluation shall be done
solely by the evaluator,
| 16 | | unless an applicable collective bargaining agreement | 17 | | provides to the contrary.
Evaluations at the
conclusion of | 18 | | the remediation process shall be separate and distinct from | 19 | | the
required annual evaluations of teachers and shall not | 20 | | be subject to the
guidelines and procedures relating to | 21 | | those annual evaluations. The evaluator
may but is not | 22 | | required to use the forms provided for the annual | 23 | | evaluation of
teachers in the district's evaluation plan. | 24 | | (l)
reinstatement to the evaluation schedule set forth | 25 | | in the district's evaluation plan for any teacher in | 26 | | contractual continued service
who achieves a rating equal |
| | | HB3063 Enrolled | - 7 - | LRB098 08391 NHT 38496 b |
|
| 1 | | to or better than "satisfactory" or "proficient" in the | 2 | | school year following a rating of "needs improvement" or | 3 | | "unsatisfactory". | 4 | | (m) dismissal in accordance with subsection (d) of | 5 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | 6 | | any teacher who fails to complete any applicable | 7 | | remediation plan
with a rating equal to or better than a | 8 | | "satisfactory" or "proficient" rating. Districts and | 9 | | teachers subject to
dismissal hearings are precluded from | 10 | | compelling the testimony of
consulting teachers at such | 11 | | hearings under subsection (d) of Section 24-12 or Section | 12 | | 24-16.5 or 34-85 of this Code, either
as to the rating | 13 | | process or for opinions of performances by teachers under
| 14 | | remediation. | 15 | | (n) After the implementation date of an evaluation | 16 | | system for teachers in a district as specified in Section | 17 | | 24A-2.5 of this Code, if a teacher in contractual continued | 18 | | service successfully completes a remediation plan | 19 | | following a rating of "unsatisfactory" and receives a | 20 | | subsequent rating of "unsatisfactory" in any of the | 21 | | teacher's annual or biannual overall performance | 22 | | evaluation ratings received during the 36-month period | 23 | | following the teacher's completion of the remediation | 24 | | plan, then the school district may forego remediation and | 25 | | seek dismissal in accordance with subsection (d) of Section | 26 | | 24-12 or Section 34-85 of this Code. |
| | | HB3063 Enrolled | - 8 - | LRB098 08391 NHT 38496 b |
|
| 1 | | Nothing in this Section or Section 24A-4 shall be construed | 2 | | as preventing immediate
dismissal of a teacher for deficiencies | 3 | | which are
deemed irremediable or for actions which are | 4 | | injurious to or endanger the
health or person of students in | 5 | | the classroom or school, or preventing the dismissal or | 6 | | non-renewal of teachers not in contractual continued service | 7 | | for any reason not prohibited by applicable employment, labor, | 8 | | and civil rights laws. Failure to
strictly comply with the time | 9 | | requirements contained in Section 24A-5 shall
not invalidate | 10 | | the results of the remediation plan. | 11 | | (Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10; 97-8, | 12 | | eff. 6-13-11.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
|
|