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Illinois General Assembly· SB 2909Governor Approved

SCH CD-TEACHER EVALUATION-AI, the official text

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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,

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.)
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