SB 1474 — CHICAGO TEACHERS-EVALUATION

SB1474 EngrossedEnrolled LRB095 11009 NHT 31321 b AN ACT concerning education.

As used in this and the succeeding Sections, "teacher" means any and all school district employees regularly required to be SB1474 EngrossedEnrolled - 2 - LRB095 11009 NHT 31321 b certified under laws relating to the certification of teachers.

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SB1474 EngrossedEnrolled - 4 - LRB095 11009 NHT 31321 b Evaluation of teachers whose positions do not require administrative certification shall be conducted by an administrator qualified under Section 24A-3, or -- in school districts having a population exceeding 500,000 -- by either an administrator qualified under Section 24A-3 or an assistant principal under the supervision of an administrator qualified under Section 24A-3, and shall include at least the following components:

(e) inclusion of a copy of the evaluation in the SB1474 EngrossedEnrolled - 5 - LRB095 11009 NHT 31321 b teacher’s personnel file and provision of a copy to the teacher.

(g) participation in the remediation plan by the teacher rated "unsatisfactory", a district administrator qualified under Section 24A-3 (or -- in a school district having a population exceeding 500,000 -- an administrator qualified under Section 24A-3 or an assistant principal under the supervision of an administrator qualified under SB1474 EngrossedEnrolled - 6 - LRB095 11009 NHT 31321 b Section 24A-3), and a consulting teacher, selected by the participating administrator or by the principal, or -- in school districts having a population exceeding 500,000 -- by an administrator qualified under Section 24A-3 or by an assistant principal under the supervision of an administrator qualified under Section 24A-3, of the teacher who was rated "unsatisfactory", which consulting teacher is an educational employee as defined in the Educational Labor Relations Act, has at least 5 years’ teaching experience and a reasonable familiarity with the assignment of the teacher being evaluated, and who received an "excellent" rating on his or her most recent evaluation.

In the event of a dispute as to SB1474 EngrossedEnrolled - 7 - LRB095 11009 NHT 31321 b qualification, the State Board shall determine qualification.

The consulting teacher shall participate in developing the remediation plan, but the final decision as to the evaluation shall be done solely by the administrator, or -- in school districts having a population exceeding 500,000 -- by either the principal or by an assistant principal under the supervision of an administrator qualified under Section SB1474 EngrossedEnrolled - 8 - LRB095 11009 NHT 31321 b 24A-3, unless an applicable collective bargaining agreement provides to the contrary.

(j) dismissal in accordance with Section 24-12 or 34-85 SB1474 EngrossedEnrolled - 9 - LRB095 11009 NHT 31321 b of The School Code of any teacher who fails to complete any applicable remediation plan with a "satisfactory" or better rating.

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The right to employ, discharge, and SB1474 EngrossedEnrolled - 11 - LRB095 11009 NHT 31321 b layoff shall be vested solely with the board, provided that decisions to discharge or suspend non-certified employees, including disciplinary layoffs, and the termination of certified employees from employment pursuant to a layoff or reassignment policy are subject to review under the grievance resolution procedure adopted pursuant to subsection (c) of Section 10 of the Illinois Educational Labor Relations Act.

Under the direction of, and subject to the authority of the principal, the Engineer In Charge shall be accountable for the safe, economical operation of the plant and grounds and shall also be responsible for orientation, training, and supervising the work of Engineers, Trainees, school maintenance assistants, custodial workers and other SB1474 EngrossedEnrolled - 12 - LRB095 11009 NHT 31321 b plant operation employees under his or her direction.

An overall numerical rating shall be given by the SB1474 EngrossedEnrolled - 13 - LRB095 11009 NHT 31321 b principal based on the evaluation conducted by the principal.

(i) if any vacancy occurs in a position at the attendance center or if an additional or new position is SB1474 EngrossedEnrolled - 14 - LRB095 11009 NHT 31321 b created at the attendance center, that position shall be filled by appointment made by the principal in accordance with procedures established and provided by the Board whenever the majority of the duties included in that position are to be performed at the attendance center which is under the principal’s supervision, and each such appointment so made by the principal shall be made and based upon merit and ability to perform in that position without regard to seniority or length of service, provided, that such appointments shall be subject to the Board’s desegregation obligations, including but not limited to the Consent Decree and Desegregation Plan in U.S.

and (iii) subject to law and the applicable collective bargaining agreements, the authority and responsibilities of a principal with respect to the evaluation of all teachers and other personnel assigned to an attendance center shall commence immediately upon his or her SB1474 EngrossedEnrolled - 15 - LRB095 11009 NHT 31321 b appointment as principal of the attendance center, without regard to the length of time that he or she has been the principal of that attendance center.

The board may establish or impose academic, educational, examination, and experience requirements and criteria that are in addition to those established and required by Article 21 for issuance of a valid certificate endorsed for the position of principal as a condition of the nomination, selection, appointment, employment, or continued employment of a person as principal of any attendance center, or as a SB1474 EngrossedEnrolled - 16 - LRB095 11009 NHT 31321 b condition of the renewal of any principal’s performance contract.

It shall also be the responsibility of the principal to utilize resources of proper law enforcement agencies when the safety and welfare of students and teachers are threatened by illegal SB1474 EngrossedEnrolled - 17 - LRB095 11009 NHT 31321 b use of drugs and alcohol, by illegal use or possession of weapons, or by illegal gang activity.

All persons serving as principal on May 1, 1989, and all persons appointed as principal after May SB1474 EngrossedEnrolled - 18 - LRB095 11009 NHT 31321 b 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner other than as provided by Section 34-2.3, shall be deemed by operation of law to be serving under a performance contract which expires on June 30, 1990 or June 30, 1991;

The board of education shall develop and prepare, in consultation with the organization representing principals, a performance contract for use at all attendance centers, and SB1474 EngrossedEnrolled - 19 - LRB095 11009 NHT 31321 b shall furnish the same to each local school council.

In the event the performance contract of a principal is not renewed or a principal is not reappointed as principal under a new performance contract, or in the event a principal is appointed to any position of superintendent or higher position, or voluntarily resigns his position of principal, his or her employment as a principal shall terminate and such former principal shall not be reinstated to the position from which he or she was promoted to principal, except that he or she, if otherwise qualified and certified in accordance with Article 21, shall be placed by the board on appropriate eligibility lists which it prepares for use in the filling of vacant or SB1474 EngrossedEnrolled - 20 - LRB095 11009 NHT 31321 b additional or newly created positions for teachers.

Teachers (who have completed the probationary period specified in Section 34-84 of this Code) shall be removed for cause in accordance with the procedures set forth in this Section or such other procedures established in an agreement entered into between the board and the exclusive representative of the district’s teachers under SB1474 EngrossedEnrolled - 21 - LRB095 11009 NHT 31321 b Section 34-85c of this Code for teachers (who have completed the probationary period specified in Section 34-84 of this Code) assigned to schools identified in that agreement.

A return receipt showing delivery to such address within 20 days after the date of the SB1474 EngrossedEnrolled - 22 - LRB095 11009 NHT 31321 b approval of the charges shall constitute proof of service.

Within 3 days of receipt of the first list provided by the State Board of Education, the general superintendent and SB1474 EngrossedEnrolled - 23 - LRB095 11009 NHT 31321 b the teacher or principal or their legal representatives shall each have the right to reject all prospective hearing officers named on the first list and to require the State Board of Education to provide a second list of 5 prospective, impartial hearing officers, none of whom were named on the first list.

In the alternative to selecting a hearing officer from the first or second list received from the State Board of Education, the general superintendent and the teacher or principal or their legal representatives may mutually agree SB1474 EngrossedEnrolled - 24 - LRB095 11009 NHT 31321 b to select an impartial hearing officer who is not on a list received from the State Board of Education, either by direct appointment by the parties or by using procedures for the appointment of an arbitrator established by the Federal Mediation and Conciliation Service or the American Arbitration Association.

The hearing officer may issue subpoenas requiring the attendance of witnesses and, at SB1474 EngrossedEnrolled - 25 - LRB095 11009 NHT 31321 b the request of the teacher or principal against whom a charge is made or the general superintendent, shall issue such subpoenas, but the hearing officer may limit the number of witnesses to be subpoenaed in behalf of the teacher or principal or the general superintendent to not more than 10 each.

however, no such written warning shall be required if the causes have been the subject of a remediation plan pursuant to Article 24A or where the board of education and the exclusive representative of the district’s teachers have entered into an agreement pursuant to Section 34-85c of this SB1474 EngrossedEnrolled - 26 - LRB095 11009 NHT 31321 b Code, pursuant to an alternative system of remediation.

If SB1474 EngrossedEnrolled - 27 - LRB095 11009 NHT 31321 b the hearing officer fails to render a decision within 45 days, the State Board of Education shall communicate with the hearing officer to determine the date that the parties can reasonably expect to receive the decision.

A violation of the professional standards set forth in "The Code of Professional Responsibility for Arbitrators of Labor-Management Disputes", of the National Academy of Arbitrators, the American Arbitration Association, and the SB1474 EngrossedEnrolled - 28 - LRB095 11009 NHT 31321 b Federal Mediation and Conciliation Service, or the failure of a hearing officer to render a decision within 3 months after the hearing is declared closed shall be grounds for removal of the hearing officer from the master list of hearing officers maintained by the State Board of Education.

The provisions of the Administrative Review Law, and all amendments and modifications thereof and the rules adopted pursuant thereto, shall apply to and govern all proceedings instituted for the judicial review by either the employee, teacher, or a principal or the board of final administrative decisions of the board hearing officer under SB1474 EngrossedEnrolled - 29 - LRB095 11009 NHT 31321 b Sections 34-15 and 34-85 of this Act.

To the extent that the agreement provides a teacher with an opportunity for a hearing on removal for cause before an independent hearing officer in accordance with Sections 34-85 and 34-85b or otherwise, the hearing officer shall be governed SB1474 EngrossedEnrolled - 30 - LRB095 11009 NHT 31321 b by the alternative performance evaluation plan, remediation procedures, and removal standards and procedures set forth in the agreement in making findings of fact and a recommendation.