SB2909: SCH CD-TEACHER EVALUATION-AI

SB2909 Enrolled LRB104 17520 LNS 30947 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 or 3 school years as provided in 17 this Section. 18 Each school district shall establish a teacher evaluation 19 plan that ensures that: 20 (1) each teacher not in contractual continued service 21 is evaluated at least once every school year; and 22 (2) except as otherwise provided in this Section, each 23 teacher in contractual continued service is evaluated at SB2909 Enrolled - 2 - LRB104 17520 LNS 30947 b 1 least once in the course of every 2 school years. However, 2 any teacher in contractual continued service whose 3 performance is rated as either "needs improvement" or 4 "unsatisfactory" must be evaluated at least once in the 5 school year following the receipt of such rating. 6 No later than September 1, 2022, each school district must 7 establish a teacher evaluation plan that ensures that each 8 teacher in contractual continued service whose performance is 9 rated as either "excellent" or "proficient" is evaluated at 10 least once in the course of the 3 school years after receipt of 11 the rating and implement an informal teacher observation plan 12 established by agency rule and by agreement of the joint 13 committee established under subsection (b) of Section 24A-4 of 14 this Code that ensures that each teacher in contractual 15 continued service whose performance is rated as either 16 "excellent" or "proficient" is informally observed at least 17 once in the course of the 2 school years after receipt of the 18 rating. 19 Notwithstanding anything to the contrary in this Section 20 or any other Section of this Code, a principal shall not be 21 prohibited from evaluating any teachers within a school during 22 his or her first year as principal of such school. If a 23 first-year principal exercises this option in a school 24 district where the evaluation plan provides for a teacher in 25 contractual continued service to be evaluated once in the 26 course of every 2 or 3 school years, as applicable, then a new SB2909 Enrolled - 3 - LRB104 17520 LNS 30947 b 1 2-year or 3-year evaluation plan must be established. 2 The evaluation plan shall comply with the requirements of 3 this Section and of any rules adopted by the State Board of 4 Education pursuant to this Section. 5 The plan shall include a description of each teacher's 6 duties and responsibilities and of the standards to which that 7 teacher is expected to conform, and shall include at least the 8 following components: 9 (a) personal observation of the teacher in the 10 classroom by the evaluator, unless the teacher has no 11 classroom duties. 12 (b) consideration of the teacher's attendance, 13 planning, instructional methods, classroom management, 14 where relevant, and competency in the subject matter 15 taught. 16 (c) (blank). 17 (d) (blank). 18 (e) rating of the performance of all teachers as 19 "excellent", "proficient", "needs improvement" or 20 "unsatisfactory". 21 (f) specification as to the teacher's strengths and 22 weaknesses, with supporting reasons for the comments made. 23 (g) inclusion of a copy of the evaluation in the 24 teacher's personnel file and provision of a copy to the 25 teacher. 26 (h) within 30 school days after the completion of an SB2909 Enrolled - 4 - LRB104 17520 LNS 30947 b 1 evaluation rating a teacher in contractual continued 2 service as "needs improvement", development by the 3 evaluator, in consultation with the teacher, and taking 4 into account the teacher's ongoing professional 5 responsibilities including his or her regular teaching 6 assignments, of a professional development plan directed 7 to the areas that need improvement and any supports that 8 the district will provide to address the areas identified 9 as needing improvement. 10 (i) within 30 school days after completion of an 11 evaluation rating a teacher in contractual continued 12 service as "unsatisfactory", development and commencement 13 by the district of a remediation plan designed to correct 14 deficiencies cited, provided the deficiencies are deemed 15 remediable. In all school districts the remediation plan 16 for unsatisfactory, tenured teachers shall provide for 90 17 school days of remediation within the classroom, unless an 18 applicable collective bargaining agreement provides for a 19 shorter duration. In all school districts evaluations 20 issued pursuant to this Section shall be issued within 10 21 days after the conclusion of the respective remediation 22 plan. However, the school board or other governing 23 authority of the district shall not lose jurisdiction to 24 discharge a teacher in the event the evaluation is not 25 issued within 10 days after the conclusion of the 26 respective remediation plan. SB2909 Enrolled - 5 - LRB104 17520 LNS 30947 b 1 (j) participation in the remediation plan by the 2 teacher in contractual continued service rated 3 "unsatisfactory", an evaluator and a consulting teacher 4 selected by the evaluator of the teacher who was rated 5 "unsatisfactory", which consulting teacher is an 6 educational employee as defined in the Illinois 7 Educational Labor Relations Act, has at least 5 years' 8 teaching experience, and a reasonable familiarity with the 9 assignment of the teacher being evaluated, and who 10 received an "excellent" rating on his or her most recent 11 evaluation. Where no teachers who meet these criteria are 12 available within the district, the district shall request 13 and the applicable regional office of education shall 14 supply, to participate in the remediation process, an 15 individual who meets these criteria. 16 In a district having a population of less than 500,000 17 with an exclusive bargaining agent, the bargaining agent 18 may, if it so chooses, supply a roster of qualified 19 teachers from whom the consulting teacher is to be 20 selected. That roster shall, however, contain the names of 21 at least 5 teachers, each of whom meets the criteria for 22 consulting teacher with regard to the teacher being 23 evaluated, or the names of all teachers so qualified if 24 that number is less than 5. In the event of a dispute as to 25 qualification, the State Board shall determine 26 qualification. SB2909 Enrolled - 6 - LRB104 17520 LNS 30947 b 1 (k) a mid-point and final evaluation by an evaluator 2 during and at the end of the remediation period, 3 immediately following receipt of a remediation plan 4 provided for under subsections (i) and (j) of this 5 Section. Each evaluation shall assess the teacher's 6 performance during the time period since the prior 7 evaluation; provided that the last evaluation shall also 8 include an overall evaluation of the teacher's performance 9 during the remediation period. A written copy of the 10 evaluations and ratings, in which any deficiencies in 11 performance and recommendations for correction are 12 identified, shall be provided to and discussed with the 13 teacher within 10 school days after the date of the 14 evaluation, unless an applicable collective bargaining 15 agreement provides to the contrary. These subsequent 16 evaluations shall be conducted by an evaluator. The 17 consulting teacher shall provide advice to the teacher 18 rated "unsatisfactory" on how to improve teaching skills 19 and to successfully complete the remediation plan. The 20 consulting teacher shall participate in developing the 21 remediation plan, but the final decision as to the 22 evaluation shall be done solely by the evaluator, unless 23 an applicable collective bargaining agreement provides to 24 the contrary. Evaluations at the conclusion of the 25 remediation process shall be separate and distinct from 26 the required annual evaluations of teachers and shall not SB2909 Enrolled - 7 - LRB104 17520 LNS 30947 b 1 be subject to the guidelines and procedures relating to 2 those annual evaluations. The evaluator may but is not 3 required to use the forms provided for the annual 4 evaluation of teachers in the district's evaluation plan. 5 (l) reinstatement to the evaluation schedule set forth 6 in the district's evaluation plan for any teacher in 7 contractual continued service who achieves a rating equal 8 to or better than "satisfactory" or "proficient" in the 9 school year following a rating of "needs improvement" or 10 "unsatisfactory". 11 (m) dismissal in accordance with subsection (d) of 12 Section 24-12 or Section 24-16.5 or 34-85 of this Code of 13 any teacher who fails to complete any applicable 14 remediation plan with a rating equal to or better than a 15 "satisfactory" or "proficient" rating. Districts and 16 teachers subject to dismissal hearings are precluded from 17 compelling the testimony of consulting teachers at such 18 hearings under subsection (d) of Section 24-12 or Section 19 24-16.5 or 34-85 of this Code, either as to the rating 20 process or for opinions of performances by teachers under 21 remediation. 22 (n) If a teacher in contractual continued service 23 successfully completes a remediation plan following a 24 rating of "unsatisfactory" in an overall performance 25 evaluation received after the foregoing implementation 26 date and receives a subsequent rating of "unsatisfactory" SB2909 Enrolled - 8 - LRB104 17520 LNS 30947 b 1 in any of the teacher's overall performance evaluation 2 ratings received during the 36-month period following the 3 teacher's completion of the remediation plan, then the 4 school district may forgo remediation and seek dismissal 5 in accordance with subsection (d) of Section 24-12 or 6 Section 34-85 of this Code. 7 (o) Teachers who are due to be evaluated in the last 8 year before they are set to retire shall be offered the 9 opportunity to waive their evaluation and to retain their 10 most recent rating, unless the teacher was last rated as 11 "needs improvement" or "unsatisfactory". The school 12 district may still reserve the right to evaluate a teacher 13 provided the district gives notice to the teacher at least 14 14 days before the evaluation and a reason for evaluating 15 the teacher. 16 An evaluator is prohibited from using an artificial 17 intelligence tool to assign a numerical score or qualitative 18 rating, such as "excellent", "proficient", "need improvement", 19 or "unsatisfactory", for any component of a teacher's 20 evaluation or any evaluation task that requires professional 21 judgment. However, an artificial intelligence tool may be used 22 to support the evaluator in administrative tasks. 23 A teacher is prohibited from using an artificial 24 intelligence tool to generate evidence of professional 25 practice that will be used by an evaluator to evaluate the 26 teacher's performance. However, an artificial intelligence SB2909 Enrolled - 9 - LRB104 17520 LNS 30947 b 1 tool may be used by a teacher to support the teacher in 2 administrative tasks. 3 The joint committee under subsection (b-5) of Section 4 24A-4 shall determine how artificial intelligence tools may be 5 used in accordance with paragraphs (a) through (o). If an 6 evaluator uses an artificial intelligence tool, the name and 7 specific purpose of the artificial intelligence tool must be 8 disclosed to the teacher being evaluated. If a teacher uses an 9 artificial intelligence tool, the name and specific purpose of 10 the artificial intelligence tool must be disclosed to the 11 evaluator evaluating the teacher. 12 Nothing in this Section or Section 24A-4 shall be 13 construed as preventing immediate dismissal of a teacher for 14 deficiencies which are deemed irremediable or for actions 15 which are injurious to or endanger the health or person of 16 students in the classroom or school, or preventing the 17 dismissal or non-renewal of teachers not in contractual 18 continued service for any reason not prohibited by applicable 19 employment, labor, and civil rights laws. Failure to strictly 20 comply with the time requirements contained in Section 24A-5 21 shall not invalidate the results of the remediation plan. 22 Nothing contained in Public Act 98-648 repeals, 23 supersedes, invalidates, or nullifies final decisions in 24 lawsuits pending on July 1, 2014 (the effective date of Public 25 Act 98-648) in Illinois courts involving the interpretation of 26 Public Act 97-8. SB2909 Enrolled - 10 - LRB104 17520 LNS 30947 b 1 If the Governor has declared a disaster due to a public 2 health emergency pursuant to Section 7 of the Illinois 3 Emergency Management Agency Act that suspends in-person 4 instruction, the timelines in this Section connected to the 5 commencement and completion of any remediation plan are 6 waived. Except if the parties mutually agree otherwise and the 7 agreement is in writing, any remediation plan that had been in 8 place for more than 45 days prior to the suspension of 9 in-person instruction shall resume when in-person instruction 10 resumes and any remediation plan that had been in place for 11 fewer than 45 days prior to the suspension of in-person 12 instruction shall be discontinued and a new remediation period 13 shall begin when in-person instruction resumes. The 14 requirements of this paragraph apply regardless of whether 15 they are included in a school district's teacher evaluation 16 plan. 17 (Source: P.A. 103-85, eff. 6-9-23; 103-605, eff. 7-1-24; 18 104-20, eff. 7-1-25; 104-417, eff. 8-15-25.)