Bill Text: IL SB3814 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3814 Detail]

Download: Illinois-2019-SB3814-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3814 Introduced 2/14/2020, by Sen. Jennifer Bertino-Tarrant 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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 Sections
24A-4, 24A-5, and 24A-7 as follows:
(105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
Sec. 24A-4. Development of evaluation plan.
(a) As used in this and the succeeding Sections, "teacher"
means any and all school district employees regularly required
to be certified under laws relating to the certification of
teachers. Each school district shall develop, in cooperation
with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan
for all teachers.
(b) Each By no later than the applicable implementation
date, each school district shall, in good faith cooperation
with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, determine
research-based and proven evaluation practices. Practices may
include:
(1) incorporating incorporate the use of data and
indicators on student growth as a significant factor in
rating teaching performance, into its evaluation plan for

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

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evaluation plan, the district shall use a joint committee
composed of equal representation selected by the district and
its teachers or, where applicable, the exclusive bargaining
representative of its teachers. If, within 180 calendar days of
the committee's first meeting, the committee does not reach
agreement on the plan, then the evaluation rating shall be
based on professional practice as established by the district's
evaluation plan the district shall implement the model
evaluation plan established under Section 24A-7 with respect to
the use of data and indicators on student growth as a
significant factor in rating teacher performance.
Nothing in this subsection (b) shall make decisions on the
use of data and indicators on student growth as a significant
factor in rating teaching performance mandatory subjects of
bargaining under the Illinois Educational Labor Relations Act
that are not currently mandatory subjects of bargaining under
the Act.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee formed under this subsection (b).
(c) Notwithstanding anything to the contrary in subsection
(b) of this Section, if the joint committee referred to in that
subsection does not reach agreement on the plan within 90
calendar days after the committee's first meeting, a school
district having 500,000 or more inhabitants shall not be
required to implement any aspect of the model evaluation plan
and may implement its last best proposal.

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(d) Beginning the first school year following the effective
date of this amendatory Act of the 100th General Assembly, the
joint committee referred to in subsection (b) of this Section
shall meet no less than one time annually to assess and review
the effectiveness of the district's evaluation plan for the
purposes of continuous improvement of instruction and
evaluation practices.
(Source: P.A. 100-768, eff. 1-1-19.)
(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

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years. However, any teacher in contractual continued
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,

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where relevant, and competency in the subject matter
taught.
(c) by no later than the applicable implementation
date, consideration of research-based and proven
evaluation practices 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

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responsibilities including his or her regular teaching
assignments, of a professional development plan directed
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

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"unsatisfactory", which consulting teacher is an
educational employee as defined in the Educational Labor
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.

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Each evaluation shall assess the teacher's performance
during the time period since the prior evaluation; provided
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

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in the district's evaluation plan for any teacher in
contractual continued service who achieves a rating equal
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" in an annual or
biennial overall performance evaluation received after the
foregoing implementation date and receives a subsequent
rating of "unsatisfactory" in any of the teacher's annual
or biennial overall performance evaluation ratings
received during the 36-month period following the

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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.
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.
Nothing contained in this amendatory Act of the 98th
General Assembly repeals, supersedes, invalidates, or
nullifies final decisions in lawsuits pending on the effective
date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
eff. 7-1-14.)
(105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
Sec. 24A-7. Rules. The State Board of Education is
authorized to adopt such rules as are deemed necessary to

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implement and accomplish the purposes and provisions of this
Article, including, but not limited to, rules:
(1) (i) relating to the methods for measuring student
growth (including, but not limited to, limitations on the
age of usable useable data; the amount of data needed to
reliably and validly measure growth for the purpose of
teacher and principal evaluations; and whether and at what
time annual State assessments may be used as one of
multiple measures of student growth);
(2) , (ii) defining the term "significant factor" for
purposes of including consideration of student growth in
performance ratings;
(3) , (iii) controlling for such factors as student
characteristics (including, but not limited to, students
receiving special education and English Language Learner
services), student attendance, and student mobility so as
to best measure the impact that a teacher, principal,
school and school district has on students' academic
achievement;
(4) , (iv) establishing minimum requirements for
district teacher and principal evaluation instruments and
procedures; , and
(5) (v) establishing a model evaluation plan for use by
school districts in which student growth shall comprise 50%
of the performance rating.
Notwithstanding any other provision in this Section, such

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rules shall not preclude a school district having 500,000 or
more inhabitants from using an annual State assessment as the
sole measure of student growth for purposes of teacher or
principal evaluations.
The State Superintendent of Education shall convene a
Performance Evaluation Advisory Council, which shall be
staffed by the State Board of Education. Members of the Council
shall be selected by the State Superintendent and include,
without limitation, representatives of teacher unions and
school district management, persons with expertise in
performance evaluation processes and systems, as well as other
stakeholders. The Council shall meet at least quarterly, and
may also meet at the call of the chairperson of the Council,
following August 18, 2017 (the effective date of Public Act
100-211) this amendatory Act of the 100th General Assembly
until June 30, 2021. The Council shall advise the State Board
of Education on the ongoing implementation of performance
evaluations in this State, which may include gathering public
feedback, sharing best practices, developing nonregulatory
guidance on research-based and proven evaluation practices,
consulting with the State Board on any proposed rule changes
regarding evaluations, and other subjects as determined by the
chairperson of the Council.
Prior to the applicable implementation date, these rules
shall not apply to teachers assigned to schools identified in
an agreement entered into between the board of a school

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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.
(Source: P.A. 100-211, eff. 8-18-17; revised 7-15-19.)