SB 2909

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Full Text of SB2909
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	SB2909 - 104th General Assembly
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			Senate Amendment 001
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		SB2909 Enrolled		LRB104 17520 LNS 30947 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 does
8not apply to teachers assigned to schools identified in an
9agreement entered into between the board of a school district
10operating under Article 34 of this Code and the exclusive
11representative of the district's teachers in accordance with
12Section 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 or 3 school years as provided in
17this Section.
18    Each school district shall establish a teacher evaluation
19plan 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
7establish a teacher evaluation plan that ensures that each
8teacher in contractual continued service whose performance is
9rated as either "excellent" or "proficient" is evaluated at
10least once in the course of the 3 school years after receipt of
11the rating and implement an informal teacher observation plan
12established by agency rule and by agreement of the joint
13committee established under subsection (b) of Section 24A-4 of
14this Code that ensures that each teacher in contractual
15continued service whose performance is rated as either
16"excellent" or "proficient" is informally observed at least
17once in the course of the 2 school years after receipt of the
18rating.
19    Notwithstanding anything to the contrary in this Section
20or any other Section of this Code, a principal shall not be
21prohibited from evaluating any teachers within a school during
22his or her first year as principal of such school. If a
23first-year principal exercises this option in a school
24district where the evaluation plan provides for a teacher in
25contractual continued service to be evaluated once in the
26course of every 2 or 3 school years, as applicable, then a new
		SB2909 Enrolled	- 3 -	LRB104 17520 LNS 30947 b
12-year or 3-year evaluation plan must be established.
2    The evaluation plan shall comply with the requirements of
3this Section and of any rules adopted by the State Board of
4Education pursuant to this Section.
5    The plan shall include a description of each teacher's
6duties and responsibilities and of the standards to which that
7teacher is expected to conform, and shall include at least the
8following 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 
17intelligence tool to assign a numerical score or qualitative 
18rating, such as "excellent", "proficient", "need improvement", 
19or "unsatisfactory", for any component of a teacher's 
20evaluation or any evaluation task that requires professional 
21judgment. However, an artificial intelligence tool may be used 
22to support the evaluator in administrative tasks.
23    A teacher is prohibited from using an artificial 
24intelligence tool to generate evidence of professional 
25practice that will be used by an evaluator to evaluate the 
26teacher's performance. However, an artificial intelligence 
		SB2909 Enrolled	- 9 -	LRB104 17520 LNS 30947 b
1tool may be used by a teacher to support the teacher in 
2administrative tasks.
3    The joint committee under subsection (b-5) of Section 
424A-4 shall determine how artificial intelligence tools may be 
5used in accordance with paragraphs (a) through (o). If an 
6evaluator uses an artificial intelligence tool, the name and 
7specific purpose of the artificial intelligence tool must be 
8disclosed to the teacher being evaluated. If a teacher uses an 
9artificial intelligence tool, the name and specific purpose of 
10the artificial intelligence tool must be disclosed to the 
11evaluator evaluating the teacher.
12    Nothing in this Section or Section 24A-4 shall be
13construed as preventing immediate dismissal of a teacher for
14deficiencies which are deemed irremediable or for actions
15which are injurious to or endanger the health or person of
16students in the classroom or school, or preventing the
17dismissal or non-renewal of teachers not in contractual
18continued service for any reason not prohibited by applicable
19employment, labor, and civil rights laws. Failure to strictly
20comply with the time requirements contained in Section 24A-5
21shall not invalidate the results of the remediation plan.
22    Nothing contained in Public Act 98-648 repeals,
23supersedes, invalidates, or nullifies final decisions in
24lawsuits pending on July 1, 2014 (the effective date of Public
25Act 98-648) in Illinois courts involving the interpretation of
26Public Act 97-8.
		SB2909 Enrolled	- 10 -	LRB104 17520 LNS 30947 b
1    If the Governor has declared a disaster due to a public
2health emergency pursuant to Section 7 of the Illinois
3Emergency Management Agency Act that suspends in-person
4instruction, the timelines in this Section connected to the
5commencement and completion of any remediation plan are
6waived. Except if the parties mutually agree otherwise and the
7agreement is in writing, any remediation plan that had been in
8place for more than 45 days prior to the suspension of
9in-person instruction shall resume when in-person instruction
10resumes and any remediation plan that had been in place for
11fewer than 45 days prior to the suspension of in-person
12instruction shall be discontinued and a new remediation period
13shall begin when in-person instruction resumes. The
14requirements of this paragraph apply regardless of whether
15they are included in a school district's teacher evaluation
16plan.
17(Source: P.A. 103-85, eff. 6-9-23; 103-605, eff. 7-1-24;
18104-20, eff. 7-1-25; 104-417, eff. 8-15-25.)