Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2116 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2116 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 Amends the Evaluation of Certified Employees Article of the School Code. Requires the teacher evaluation plan to include a description of the standards described in the Illinois Culturally Responsive Teaching and Leading Standards in Part 24 of Title 23 of the Illinois Administrative Code and be aligned to the Illinois Professional Educator Standards. LRB104 03465 LNS 13488 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2116 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 Amends the Evaluation of Certified Employees Article of the School Code. Requires the teacher evaluation plan to include a description of the standards described in the Illinois Culturally Responsive Teaching and Leading Standards in Part 24 of Title 23 of the Illinois Administrative Code and be aligned to the Illinois Professional Educator Standards. LRB104 03465 LNS 13488 b LRB104 03465 LNS 13488 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2116 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5
44 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5
55 Amends the Evaluation of Certified Employees Article of the School Code. Requires the teacher evaluation plan to include a description of the standards described in the Illinois Culturally Responsive Teaching and Leading Standards in Part 24 of Title 23 of the Illinois Administrative Code and be aligned to the Illinois Professional Educator Standards.
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 24A-5 as follows:
1616 6 (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
1717 7 Sec. 24A-5. Content of evaluation plans. This Section does
1818 8 not apply to teachers assigned to schools identified in an
1919 9 agreement entered into between the board of a school district
2020 10 operating under Article 34 of this Code and the exclusive
2121 11 representative of the district's teachers in accordance with
2222 12 Section 34-85c of this Code.
2323 13 Each school district to which this Article applies shall
2424 14 establish a teacher evaluation plan which ensures that each
2525 15 teacher in contractual continued service is evaluated at least
2626 16 once in the course of every 2 or 3 school years as provided in
2727 17 this Section.
2828 18 Each school district shall establish a teacher evaluation
2929 19 plan that ensures that:
3030 20 (1) each teacher not in contractual continued service
3131 21 is evaluated at least once every school year; and
3232 22 (2) except as otherwise provided in this Section, each
3333 23 teacher in contractual continued service is evaluated at
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2116 Introduced 2/7/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
3838 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5
3939 105 ILCS 5/24A-5 from Ch. 122, par. 24A-5
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6868 1 least once in the course of every 2 school years. However,
6969 2 any teacher in contractual continued service whose
7070 3 performance is rated as either "needs improvement" or
7171 4 "unsatisfactory" must be evaluated at least once in the
7272 5 school year following the receipt of such rating.
7373 6 No later than September 1, 2022, each school district must
7474 7 establish a teacher evaluation plan that ensures that each
7575 8 teacher in contractual continued service whose performance is
7676 9 rated as either "excellent" or "proficient" is evaluated at
7777 10 least once in the course of the 3 school years after receipt of
7878 11 the rating and implement an informal teacher observation plan
7979 12 established by agency rule and by agreement of the joint
8080 13 committee established under subsection (b) of Section 24A-4 of
8181 14 this Code that ensures that each teacher in contractual
8282 15 continued service whose performance is rated as either
8383 16 "excellent" or "proficient" is informally observed at least
8484 17 once in the course of the 2 school years after receipt of the
8585 18 rating.
8686 19 For the 2022-2023 school year only, if the Governor has
8787 20 declared a disaster due to a public health emergency pursuant
8888 21 to Section 7 of the Illinois Emergency Management Agency Act,
8989 22 a school district may waive the evaluation requirement of all
9090 23 teachers in contractual continued service whose performances
9191 24 were rated as either "excellent" or "proficient" during the
9292 25 last school year in which the teachers were evaluated under
9393 26 this Section.
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104104 1 Notwithstanding anything to the contrary in this Section
105105 2 or any other Section of this Code, a principal shall not be
106106 3 prohibited from evaluating any teachers within a school during
107107 4 his or her first year as principal of such school. If a
108108 5 first-year principal exercises this option in a school
109109 6 district where the evaluation plan provides for a teacher in
110110 7 contractual continued service to be evaluated once in the
111111 8 course of every 2 or 3 school years, as applicable, then a new
112112 9 2-year or 3-year evaluation plan must be established.
113113 10 The evaluation plan shall comply with the requirements of
114114 11 this Section and of any rules adopted by the State Board of
115115 12 Education pursuant to this Section.
116116 13 The plan shall include a description of each teacher's
117117 14 duties and responsibilities and of the standards described in
118118 15 the Illinois Culturally Responsive Teaching and Leading
119119 16 Standards in Part 24 of Title 23 of the Illinois
120120 17 Administrative Code and be aligned to the Illinois
121121 18 Professional Educator Standards to which that teacher is
122122 19 expected to conform, and shall include at least the following
123123 20 components:
124124 21 (a) personal observation of the teacher in the
125125 22 classroom by the evaluator, unless the teacher has no
126126 23 classroom duties.
127127 24 (b) consideration of the teacher's attendance,
128128 25 planning, instructional methods, classroom management,
129129 26 where relevant, and competency in the subject matter
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140140 1 taught.
141141 2 (c) by no later than the applicable implementation
142142 3 date, consideration of student growth as a significant
143143 4 factor in the rating of the teacher's performance.
144144 5 (d) prior to September 1, 2012, rating of the
145145 6 performance of teachers in contractual continued service
146146 7 as either:
147147 8 (i) "excellent", "satisfactory" or
148148 9 "unsatisfactory"; or
149149 10 (ii) "excellent", "proficient", "needs
150150 11 improvement" or "unsatisfactory".
151151 12 (e) on and after September 1, 2012, rating of the
152152 13 performance of all teachers as "excellent", "proficient",
153153 14 "needs improvement" or "unsatisfactory".
154154 15 (f) specification as to the teacher's strengths and
155155 16 weaknesses, with supporting reasons for the comments made.
156156 17 (g) inclusion of a copy of the evaluation in the
157157 18 teacher's personnel file and provision of a copy to the
158158 19 teacher.
159159 20 (h) within 30 school days after the completion of an
160160 21 evaluation rating a teacher in contractual continued
161161 22 service as "needs improvement", development by the
162162 23 evaluator, in consultation with the teacher, and taking
163163 24 into account the teacher's ongoing on-going professional
164164 25 responsibilities including his or her regular teaching
165165 26 assignments, of a professional development plan directed
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176176 1 to the areas that need improvement and any supports that
177177 2 the district will provide to address the areas identified
178178 3 as needing improvement.
179179 4 (i) within 30 school days after completion of an
180180 5 evaluation rating a teacher in contractual continued
181181 6 service as "unsatisfactory", development and commencement
182182 7 by the district of a remediation plan designed to correct
183183 8 deficiencies cited, provided the deficiencies are deemed
184184 9 remediable. In all school districts the remediation plan
185185 10 for unsatisfactory, tenured teachers shall provide for 90
186186 11 school days of remediation within the classroom, unless an
187187 12 applicable collective bargaining agreement provides for a
188188 13 shorter duration. In all school districts evaluations
189189 14 issued pursuant to this Section shall be issued within 10
190190 15 days after the conclusion of the respective remediation
191191 16 plan. However, the school board or other governing
192192 17 authority of the district shall not lose jurisdiction to
193193 18 discharge a teacher in the event the evaluation is not
194194 19 issued within 10 days after the conclusion of the
195195 20 respective remediation plan.
196196 21 (j) participation in the remediation plan by the
197197 22 teacher in contractual continued service rated
198198 23 "unsatisfactory", an evaluator and a consulting teacher
199199 24 selected by the evaluator of the teacher who was rated
200200 25 "unsatisfactory", which consulting teacher is an
201201 26 educational employee as defined in the Illinois
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212212 1 Educational Labor Relations Act, has at least 5 years'
213213 2 teaching experience, and a reasonable familiarity with the
214214 3 assignment of the teacher being evaluated, and who
215215 4 received an "excellent" rating on his or her most recent
216216 5 evaluation. Where no teachers who meet these criteria are
217217 6 available within the district, the district shall request
218218 7 and the applicable regional office of education shall
219219 8 supply, to participate in the remediation process, an
220220 9 individual who meets these criteria.
221221 10 In a district having a population of less than 500,000
222222 11 with an exclusive bargaining agent, the bargaining agent
223223 12 may, if it so chooses, supply a roster of qualified
224224 13 teachers from whom the consulting teacher is to be
225225 14 selected. That roster shall, however, contain the names of
226226 15 at least 5 teachers, each of whom meets the criteria for
227227 16 consulting teacher with regard to the teacher being
228228 17 evaluated, or the names of all teachers so qualified if
229229 18 that number is less than 5. In the event of a dispute as to
230230 19 qualification, the State Board shall determine
231231 20 qualification.
232232 21 (k) a mid-point and final evaluation by an evaluator
233233 22 during and at the end of the remediation period,
234234 23 immediately following receipt of a remediation plan
235235 24 provided for under subsections (i) and (j) of this
236236 25 Section. Each evaluation shall assess the teacher's
237237 26 performance during the time period since the prior
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248248 1 evaluation; provided that the last evaluation shall also
249249 2 include an overall evaluation of the teacher's performance
250250 3 during the remediation period. A written copy of the
251251 4 evaluations and ratings, in which any deficiencies in
252252 5 performance and recommendations for correction are
253253 6 identified, shall be provided to and discussed with the
254254 7 teacher within 10 school days after the date of the
255255 8 evaluation, unless an applicable collective bargaining
256256 9 agreement provides to the contrary. These subsequent
257257 10 evaluations shall be conducted by an evaluator. The
258258 11 consulting teacher shall provide advice to the teacher
259259 12 rated "unsatisfactory" on how to improve teaching skills
260260 13 and to successfully complete the remediation plan. The
261261 14 consulting teacher shall participate in developing the
262262 15 remediation plan, but the final decision as to the
263263 16 evaluation shall be done solely by the evaluator, unless
264264 17 an applicable collective bargaining agreement provides to
265265 18 the contrary. Evaluations at the conclusion of the
266266 19 remediation process shall be separate and distinct from
267267 20 the required annual evaluations of teachers and shall not
268268 21 be subject to the guidelines and procedures relating to
269269 22 those annual evaluations. The evaluator may but is not
270270 23 required to use the forms provided for the annual
271271 24 evaluation of teachers in the district's evaluation plan.
272272 25 (l) reinstatement to the evaluation schedule set forth
273273 26 in the district's evaluation plan for any teacher in
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284284 1 contractual continued service who achieves a rating equal
285285 2 to or better than "satisfactory" or "proficient" in the
286286 3 school year following a rating of "needs improvement" or
287287 4 "unsatisfactory".
288288 5 (m) dismissal in accordance with subsection (d) of
289289 6 Section 24-12 or Section 24-16.5 or 34-85 of this Code of
290290 7 any teacher who fails to complete any applicable
291291 8 remediation plan with a rating equal to or better than a
292292 9 "satisfactory" or "proficient" rating. Districts and
293293 10 teachers subject to dismissal hearings are precluded from
294294 11 compelling the testimony of consulting teachers at such
295295 12 hearings under subsection (d) of Section 24-12 or Section
296296 13 24-16.5 or 34-85 of this Code, either as to the rating
297297 14 process or for opinions of performances by teachers under
298298 15 remediation.
299299 16 (n) After the implementation date of an evaluation
300300 17 system for teachers in a district as specified in Section
301301 18 24A-2.5 of this Code, if a teacher in contractual
302302 19 continued service successfully completes a remediation
303303 20 plan following a rating of "unsatisfactory" in an overall
304304 21 performance evaluation received after the foregoing
305305 22 implementation date and receives a subsequent rating of
306306 23 "unsatisfactory" in any of the teacher's overall
307307 24 performance evaluation ratings received during the
308308 25 36-month period following the teacher's completion of the
309309 26 remediation plan, then the school district may forgo
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320320 1 remediation and seek dismissal in accordance with
321321 2 subsection (d) of Section 24-12 or Section 34-85 of this
322322 3 Code.
323323 4 (o) Teachers who are due to be evaluated in the last
324324 5 year before they are set to retire shall be offered the
325325 6 opportunity to waive their evaluation and to retain their
326326 7 most recent rating, unless the teacher was last rated as
327327 8 "needs improvement" or "unsatisfactory". The school
328328 9 district may still reserve the right to evaluate a teacher
329329 10 provided the district gives notice to the teacher at least
330330 11 14 days before the evaluation and a reason for evaluating
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332332 13 Nothing in this Section or Section 24A-4 shall be
333333 14 construed as preventing immediate dismissal of a teacher for
334334 15 deficiencies which are deemed irremediable or for actions
335335 16 which are injurious to or endanger the health or person of
336336 17 students in the classroom or school, or preventing the
337337 18 dismissal or non-renewal of teachers not in contractual
338338 19 continued service for any reason not prohibited by applicable
339339 20 employment, labor, and civil rights laws. Failure to strictly
340340 21 comply with the time requirements contained in Section 24A-5
341341 22 shall not invalidate the results of the remediation plan.
342342 23 Nothing contained in Public Act 98-648 repeals,
343343 24 supersedes, invalidates, or nullifies final decisions in
344344 25 lawsuits pending on July 1, 2014 (the effective date of Public
345345 26 Act 98-648) in Illinois courts involving the interpretation of
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