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PRESENTED BY:

STEPHANIE JONES, PARTNER HODGES, LOIZZI, EISENHAMMER, RODICK & KOHN LLP

AND

SARA BOUCEK, GENERAL COUNSEL

ILLINOIS ASSOCIATION OF SCHOOL ADMINISTRATORS

Senate Bill 315

Excellent

Satisfactory

Unsatisfactory

Excellent

Proficient

Needs Improvement

Unsatisfactory

Must be in place no later

than September 1, 2012.

OLD RATING SCALE PERA RATING SCALE

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By the PERA implementation date, student growth must be a significant factor in teacher evaluations.

The evaluation plan must describe: How student growth data and indicators will be used in the

evaluation process;

How the information is related to evaluation standards;

The assessments or other indicators used to measure student growth, and the weight each will have;

The methodology that will be used to measure student growth; and

Criteria other than student growth that will be used in evaluating the teacher or principal, including those discussed below.

Membership equally selected by the

school district and teachers/union

Must agree on student growth component

within 180 days of first meeting or

implement model created by ISBE

Evaluators after September 1,

2012 must complete pre-

qualification training

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Probationary teachers must be evaluated

at least annually

If you evaluate probationary teachers

twice per year, the final evaluation is

considered to be the “summative

evaluation” for the purposes of reduction

in force

Tenured Teachers must be evaluated at least bi-annually

Tenured teachers who receive a “needs

improvement” or “unsatisfactory” rating must be evaluated once in the year following the receipt of that rating

New Principals may evaluate all teachers

in a building during his/her first year

Personal observation of the teacher in the classroom by the evaluator

Consideration of the teacher’s attendance,

planning, instructional methods, classroom management, and competency in the subject matter taught

The teacher’s duties and responsibilities,

and the standards to which the teacher is expected to conform

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On or before September 1, 2012, rate the performance of all teachers as “excellent,” “proficient,” “needs improvement,” or “unsatisfactory;”

Specify the teacher’s strengths and weaknesses, with supporting reasons for comments made;

Include a copy of the evaluation in the teacher’s personnel file and provide a copy to the teacher;

Within 30 school days after the completion of an evaluation, for a tenured teacher who receives a rating of “needs improvement,” develop a professional development plan to address the areas needing improvement; and

Within 30 school days after the completion of an evaluation, for a tenured teacher who receives a rating of “unsatisfactory,” develop a remediation plan designed to correct remediable deficiencies stated in the evaluation.

Within 30 school days of the completion of an evaluation rating a tenured teacher as “needs improvement,” the evaluator, in consultation with the teacher, must create a professional development plan that is directed to the areas needing improvement.

The plan must take into account the teacher’s ongoing professional responsibilities, including his or her regular teaching assignments.

The plan also must describe any support the district will provide to address any areas identified as needing improvement.

Within 30 school days of receiving a rating of “unsatisfactory,” the development and commencement of a remediation plan designed to correct deficiencies stated in his or her evaluation shall occur, provided the deficiencies are remediable.

Both the teacher and consulting teacher shall participate in developing the remediation plan.

The remediation plan for “unsatisfactory” tenured teachers shall provide for ninety (90) school days of remediation in the classroom, unless an applicable collective bargaining agreement provides for a shorter duration.

The tenured teacher’s performance must be evaluated midway through, and at the conclusion of, the remediation period.

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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 review 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 for another timeframe.

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.

PRIMARY GOAL:

EVALUATION LEADING TO IMPROVEMENT AND

SUCCESS, WHETHER PROFESSIONAL GROWTH

OR STRUCTURED (FORMATIVE, SUMMATIVE OR

REMEDIATION)– EDUCATOR’S ROLE

SECONDARY CONSEQUENCE:

OCCASIONALLY LEADS TO NEGATIVE

EMPLOYMENT ACTION – THE LAWYERS

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CHALLENGES TO CONTENT

CHALLENGES TO PROCEDURAL

DEFECTS

HEARING OFFICERS TEND TO DEFER TO

SOUND EDUCATIONAL DECISIONS ON CONTENT, BUT OFTEN WE LOSE ON PROCEDURE.

1. ORIENTATION

2. PRE- OBSERVATION CONFERENCE

3. OBSERVATION/FORMATIVE EVALUATIONS

4. WRITTEN OBSERVATION REPORT

5. POST-OBSERVATION CONFERENCE

THE TEN KEY STEPS 1 - 5

6. ACKNOWLEDGMENT OF RECEIPT

7. EMPLOYEE REBUTTAL

8. PERSONNEL FILE

9. SUMMATIVE EVALUATION/RATING

10. PDP OR REMEDIATION (OR CORRECTIVE FOR NON-TENURED)

THE TEN KEY STEPS 6 - 10

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Do it

Individual or group

Some form of written

confirmation

Discuss both logistics and

expectations

Invite questions

Take good notes

Keep time records

Note examples

Note both positives and negatives

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Try to be all inclusive

Be descriptive, not conclusive

Include specific examples

Include both positives and negatives

Be candid

Follow your notes

Note positives first

Note areas for improvement, but if deficient – say so.

Give examples of both positives and negatives

Get a signature no matter what.

What if teacher refuses: • Explain not agreement, just receipt

• Remind, insubordination

• refuses to sign – get witness signature

• refuses to accept document – witness signature if

possible, but send both certified and regular mail

• follow-up refusals with some form of discipline

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This is essential; especially in light of the

new educational reform legislation.

The law – without a legal rating, there can

be no dismissal.

This is customary.

Do not discourage – invite, with

appropriate time line.

Invitation gives evaluator credibility.

Be sure you follow-up so that all items

find their way to the official file, including

the rebuttal, if any.

This may be someone else's job, but it is

your responsibility.

Comment re: anecdotal records.

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Non-tenured – corrective measures

Tenured PDP or Remediation

These documents are a blend of educational and legal. Get samples, legal review and anticipate defenses.

Anticipate defenses? What defenses?.....

THE FIVE (5) MOST PREVALENT FOR

EVALUATION OR CONDUCT:

1. PROOF

2. RULES

3. CORRECTION

4. MEDICAL/DISABILITY ISSUES

5. DISCRIMINATION, ETC.

THINKING WITH THE END IN MIND!

Proof? – Yes, you need proof, testimony,

documentation, witnesses, etc.

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Notice of Rules/Expectations? – Yes, you

need documentation re: notice, rules,

regulations, board policies, handbooks,

orientation, evaluation, etc.

Correction? – Yes, you need to offer and

document assistance in some form if

remediable, e.g., corrective plan, PDP,

remediation plan, reading material,

coursework, workshops, consultants,

mentors, observation opportunities, etc.

Medical Issue? – Yes, if a

medical/disability issue is suspected or

surfaces, you need to assess with legal

counsel.

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The reasons…..?

Discrimination? – Yes, you need to be

solid on Employee Defenses 1 thru 4 and

anticipate discrimination claims so that

you can rebut any claims based on age,

gender, race, ethnicity, unionism,

disability, sexual preference, marital

status, sexual harassment, free speech

issues, etc.

YOU MUST GET THE PROCEDURES

RIGHT.

YOU WOULD BE WISE TO ANTICIPATE

ONE OF THE FIVE (5) EMPLOYEE

DEFENSES SO THAT YOU CAN REBUT

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Senate Bill 7

Filling new or vacant positions must be based upon the following factors: • certifications

• qualifications

• merit and ability, including evaluations

• relevant experience

Length of continuous service in the District is not a factor unless everything else is equal

These rights can be bargained away

Effective Date? (June 13, 2011, unless

grandfathered)

What Positions Does It Apply To?

• Summer School (Yes)

• Extracurricular (No)

• Teaching positions required to be filled by recall

(No)

• Temporary Assignments (No)

Grievable/Cause of Action? (No)

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Contract Year – 120 days

• FMLA?

• Permanent Substitute? (Yes)

• Part-Time? (No)

Non-Renewal vs. Reduction in Force

• Notice Provisions

Where SB 7 and SB 315 converge

Applicability/Grandfathered

Contracts

• After June 30, 2013 – no more grandfathered

contracts

• Part-Time Teachers – New Legal Changes

2013

Qualifications • May 10th Deadline

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Determine Qualifications for Job Categories • Legal Qualifications for position and any other qualification as

determined by job description Grouping

• Group 1 – Probationary Teachers without Evaluations/Probationary Part Time Teachers Dismissal at the discretion of the District

• Group 2 – Teachers with Unsatisfactory or Needs Improvement Rating Teacher with lowest average rating dismissed first

Teachers with same ratings are dismissed by seniority

• Group 3 – Teachers with Proficient Ratings Dismissed based on Seniority

• Group 4 – Teachers with Excellent ratings in last two or last two out of three evaluations Dismissed based upon seniority

GROUP WHO BELONGS?

1 Probationary teachers who have not

been evaluated. Within this group, the

sequence of dismissal is in the discretion

of the District.

2 Teachers with a needs improvement of

unsatisfactory rating on either of their

last two evaluations. Sequence of

dismissal by average score.

3 Teachers with satisfactory or

proficient ratings. Sequence of

dismissal by seniority.

4 Teachers with excellent ratings on

both of their last two evaluations or two

of their last three evaluations with the

third evaluation being proficient.

Sequence of dismissal by seniority

Timeline for Dissemination • List must be provided to the Union at least 75

days before end of school term

• 30 Days to Review

• Final reduction notification must be received 45 days before end of school year

Dissemination Protocols FOIA Implications Seniority List to be completed each year

(New 2013-2014)

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Joint Committee Membership Responsibilities

• Criteria for excluding from group 2 and placing in group 3 a teacher whose last two performance evaluations included a needs improvement and either a proficient or excellent rating

• Alternate definition for group 4, which definition must take into account prior performance ratings and may take into account other factors, but cannot include a teacher with a needs improvement or unsatisfactory rating

• May include within the definition of performance evaluation rating a rating given to a teacher from another school district

• Assigning performance evaluation ratings that complies with the statutory changes

• At times, review the sequence of dismissal list to determine if there is a trend related to low evaluation scores for teachers with longer periods of contractual continued service

New Law Change – Must meet annually by December 1

All teachers (not just tenured teachers) have recall

rights for one year from the beginning of the following

school term

Recall rights are only available to teachers in Groups 3

or 4 for positions that they are legally qualified to hold

based upon a list established by May 10 of the previous

year

Recall shall be done in reverse order of dismissal

Dismissals of Probationary and

Tenured Teachers have changed

under SB 7

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Publication Requirements

• Anytime after 15 days after mediation has

commenced, either party may initiate the public

posting process.

• Within 7 days of declaration, both parties must

provide the other party in writing the most

recent offer of the party, including cost summary.

• 7 days after receipt of the parties’ offers, the

Board shall make public the offers and each

party’s cost

http://www.isbe.net/pera/pdf/pera_guid

ance.pdf

http://www.isbe.net/peac/

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