Illinois General Assembly - Full Text of SB1829
Illinois General Assembly

Previous General Assemblies

Full Text of SB1829  102nd General Assembly




State of Illinois
2021 and 2022


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


105 ILCS 5/24A-5  from Ch. 122, par. 24A-5

    Amends the School Code. In a provision concerning teacher evaluation plans, provides that for teachers not in contractual continued service who participate in a new teacher induction and mentoring program established by the school district in which they are employed, non-evaluative mentor observation and feedback may be used as part of the evaluation plan.

LRB102 13729 CMG 19079 b





SB1829LRB102 13729 CMG 19079 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 Section
524A-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
8does not apply to teachers assigned to schools identified in
9an agreement entered into between the board of a school
10district operating under Article 34 of this Code and the
11exclusive representative of the district's teachers in
12accordance with Section 34-85c of this Code.
13    Each school district to which this Article applies shall
14establish a teacher evaluation plan which ensures that each
15teacher in contractual continued service is evaluated at least
16once in the course of every 2 school years.
17    By no later than September 1, 2012, each school district
18shall 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



SB1829- 2 -LRB102 13729 CMG 19079 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
4    such rating.
5    Notwithstanding anything to the contrary in this Section
6or any other Section of the School Code, a principal shall not
7be prohibited from evaluating any teachers within a school
8during his or her first year as principal of such school. If a
9first-year principal exercises this option in a school
10district where the evaluation plan provides for a teacher in
11contractual continued service to be evaluated once in the
12course of every 2 school years, then a new 2-year evaluation
13plan must be established.
14    For teachers not in contractual continued service who
15participate in a new teacher induction and mentoring program
16established by the school district in which they are employed,
17non-evaluative mentor observation and feedback may be used as
18part of the evaluation plan.
19    The evaluation plan shall comply with the requirements of
20this Section and of any rules adopted by the State Board of
21Education pursuant to this Section.
22    The plan shall include a description of each teacher's
23duties and responsibilities and of the standards to which that
24teacher is expected to conform, and shall include at least the
25following components:
26        (a) personal observation of the teacher in the



SB1829- 3 -LRB102 13729 CMG 19079 b

1    classroom by the evaluator, unless the teacher has no
2    classroom duties.
3        (b) consideration of the teacher's attendance,
4    planning, instructional methods, classroom management,
5    where relevant, and competency in the subject matter
6    taught.
7        (c) by no later than the applicable implementation
8    date, consideration of student growth as a significant
9    factor in the rating of the teacher's performance.
10        (d) prior to September 1, 2012, rating of the
11    performance of teachers in contractual continued service
12    as either:
13            (i) "excellent", "satisfactory" or
14        "unsatisfactory"; or
15            (ii) "excellent", "proficient", "needs
16        improvement" or "unsatisfactory".
17        (e) on and after September 1, 2012, rating of the
18    performance of all teachers as "excellent", "proficient",
19    "needs improvement" or "unsatisfactory".
20        (f) specification as to the teacher's strengths and
21    weaknesses, with supporting reasons for the comments made.
22        (g) inclusion of a copy of the evaluation in the
23    teacher's personnel file and provision of a copy to the
24    teacher.
25        (h) within 30 school days after the completion of an
26    evaluation rating a teacher in contractual continued



SB1829- 4 -LRB102 13729 CMG 19079 b

1    service as "needs improvement", development by the
2    evaluator, in consultation with the teacher, and taking
3    into account the teacher's on-going professional
4    responsibilities including his or her regular teaching
5    assignments, of a professional development plan directed
6    to the areas that need improvement and any supports that
7    the district will provide to address the areas identified
8    as needing improvement.
9        (i) within 30 school days after completion of an
10    evaluation rating a teacher in contractual continued
11    service as "unsatisfactory", development and commencement
12    by the district of a remediation plan designed to correct
13    deficiencies cited, provided the deficiencies are deemed
14    remediable. In all school districts the remediation plan
15    for unsatisfactory, tenured teachers shall provide for 90
16    school days of remediation within the classroom, unless an
17    applicable collective bargaining agreement provides for a
18    shorter duration. In all school districts evaluations
19    issued pursuant to this Section shall be issued within 10
20    days after the conclusion of the respective remediation
21    plan. However, the school board or other governing
22    authority of the district shall not lose jurisdiction to
23    discharge a teacher in the event the evaluation is not
24    issued within 10 days after the conclusion of the
25    respective remediation plan.
26        (j) participation in the remediation plan by the



SB1829- 5 -LRB102 13729 CMG 19079 b

1    teacher in contractual continued service rated
2    "unsatisfactory", an evaluator and a consulting teacher
3    selected by the evaluator of the teacher who was rated
4    "unsatisfactory", which consulting teacher is an
5    educational employee as defined in the Educational Labor
6    Relations Act, has at least 5 years' teaching experience,
7    and a reasonable familiarity with the assignment of the
8    teacher being evaluated, and who received an "excellent"
9    rating on his or her most recent evaluation. Where no
10    teachers who meet these criteria are available within the
11    district, the district shall request and the applicable
12    regional office of education shall supply, to participate
13    in the remediation process, an individual who meets these
14    criteria.
15        In a district having a population of less than 500,000
16    with an exclusive bargaining agent, the bargaining agent
17    may, if it so chooses, supply a roster of qualified
18    teachers from whom the consulting teacher is to be
19    selected. That roster shall, however, contain the names of
20    at least 5 teachers, each of whom meets the criteria for
21    consulting teacher with regard to the teacher being
22    evaluated, or the names of all teachers so qualified if
23    that number is less than 5. In the event of a dispute as to
24    qualification, the State Board shall determine
25    qualification.
26        (k) a mid-point and final evaluation by an evaluator



SB1829- 6 -LRB102 13729 CMG 19079 b

1    during and at the end of the remediation period,
2    immediately following receipt of a remediation plan
3    provided for under subsections (i) and (j) of this
4    Section. Each evaluation shall assess the teacher's
5    performance during the time period since the prior
6    evaluation; provided that the last evaluation shall also
7    include an overall evaluation of the teacher's performance
8    during the remediation period. A written copy of the
9    evaluations and ratings, in which any deficiencies in
10    performance and recommendations for correction are
11    identified, shall be provided to and discussed with the
12    teacher within 10 school days after the date of the
13    evaluation, unless an applicable collective bargaining
14    agreement provides to the contrary. These subsequent
15    evaluations shall be conducted by an evaluator. The
16    consulting teacher shall provide advice to the teacher
17    rated "unsatisfactory" on how to improve teaching skills
18    and to successfully complete the remediation plan. The
19    consulting teacher shall participate in developing the
20    remediation plan, but the final decision as to the
21    evaluation shall be done solely by the evaluator, unless
22    an applicable collective bargaining agreement provides to
23    the contrary. Evaluations at the conclusion of the
24    remediation process shall be separate and distinct from
25    the required annual evaluations of teachers and shall not
26    be subject to the guidelines and procedures relating to



SB1829- 7 -LRB102 13729 CMG 19079 b

1    those annual evaluations. The evaluator may but is not
2    required to use the forms provided for the annual
3    evaluation of teachers in the district's evaluation plan.
4        (l) reinstatement to the evaluation schedule set forth
5    in the district's evaluation plan for any teacher in
6    contractual continued service who achieves a rating equal
7    to or better than "satisfactory" or "proficient" in the
8    school year following a rating of "needs improvement" or
9    "unsatisfactory".
10        (m) dismissal in accordance with subsection (d) of
11    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
12    any teacher who fails to complete any applicable
13    remediation plan with a rating equal to or better than a
14    "satisfactory" or "proficient" rating. Districts and
15    teachers subject to dismissal hearings are precluded from
16    compelling the testimony of consulting teachers at such
17    hearings under subsection (d) of Section 24-12 or Section
18    24-16.5 or 34-85 of this Code, either as to the rating
19    process or for opinions of performances by teachers under
20    remediation.
21        (n) After the implementation date of an evaluation
22    system for teachers in a district as specified in Section
23    24A-2.5 of this Code, if a teacher in contractual
24    continued service successfully completes a remediation
25    plan following a rating of "unsatisfactory" in an annual
26    or biennial overall performance evaluation received after



SB1829- 8 -LRB102 13729 CMG 19079 b

1    the foregoing implementation date and receives a
2    subsequent rating of "unsatisfactory" in any of the
3    teacher's annual or biennial overall performance
4    evaluation ratings received during the 36-month period
5    following the teacher's completion of the remediation
6    plan, then the school district may forego remediation and
7    seek dismissal in accordance with subsection (d) of
8    Section 24-12 or Section 34-85 of this Code.
9    Nothing in this Section or Section 24A-4 shall be
10construed as preventing immediate dismissal of a teacher for
11deficiencies which are deemed irremediable or for actions
12which are injurious to or endanger the health or person of
13students in the classroom or school, or preventing the
14dismissal or non-renewal of teachers not in contractual
15continued service for any reason not prohibited by applicable
16employment, labor, and civil rights laws. Failure to strictly
17comply with the time requirements contained in Section 24A-5
18shall not invalidate the results of the remediation plan.
19    Nothing contained in this amendatory Act of the 98th
20General Assembly repeals, supersedes, invalidates, or
21nullifies final decisions in lawsuits pending on the effective
22date of this amendatory Act of the 98th General Assembly in
23Illinois courts involving the interpretation of Public Act
25    If the Governor has declared a disaster due to a public
26health emergency pursuant to Section 7 of the Illinois



SB1829- 9 -LRB102 13729 CMG 19079 b

1Emergency Management Agency Act that suspends in-person
2instruction, the timelines in this Section connected to the
3commencement and completion of any remediation plan are
4waived. Except if the parties mutually agree otherwise and the
5agreement is in writing, any remediation plan that had been in
6place for more than 45 days prior to the suspension of
7in-person instruction shall resume when in-person instruction
8resumes and any remediation plan that had been in place for
9fewer than 45 days prior to the suspension of in-person
10instruction shall be discontinued and a new remediation period
11shall begin when in-person instruction resumes. The
12requirements of this paragraph apply regardless of whether
13they are included in a school district's teacher evaluation
15(Source: P.A. 101-643, eff. 6-18-20.)