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Gov. Quinn Signs Legislation to Improve Teacher, Principal Evaluations and Training; Boosts Illinois’ Application for Federal “Race to the Top” Funds

Gov. Pat Quinn today signed into law the Performance Evaluation Reform Act of 2010, a bill to implement new, rigorous evaluations for teachers and school principals across the state.

The new law boosts Illinois’ “Race to the Top” application by addressing one of the four priority areas outlined by the U.S. Department of Education.

“This law is another strong signal to Washington that a top-notch education for all Illinois students is our foremost priority,” said Gov. Quinn.

“Rigorous teacher and principal evaluations will make our education system the best it can be, while ensuring Illinois is at the head of the class when it comes to winning those important federal ‘Race to the Top’ funds.” Senate Bill 315, sponsored by Sen. Kimberly Lightford (D-Maywood) and Rep. Linda Chapa LaVia (D-Aurora), requires every school district to incorporate student performance as a significant factor in teacher and principal evaluations.

The new law requires districts to work with its local teachers’ union to meet the new requirements.

More than 350 school districts, representing more than 70 percent of Illinois’ students, have agreed to make student performance at least 50 percent of evaluation criteria if Illinois receives “Race to the Top” funds.

Under the legislation, Chicago Public Schools and dozens of other districts will begin using the new teacher evaluations in 2012, with full statewide implementation by 2016. All districts will implement the new principal evaluations in 2012.

If the state wins “Race to the Top funds,” the timeline would be greatly accelerated with most districts implementing the evaluations in 2012.

Gov. Quinn also signed Senate Bill 616, sponsored by Sen. James Meeks (D-Chicago) and Rep. Linda Chapa LaVia (D-Aurora), which allows non-profit organizations, such as Teach for America, to offer alternative certification programs independent from institutions of higher education.

This allows the state to increase the number of high-quality training programs for teachers and principals, a priority established by the U.S. Department of Education. The non-profit programs will be required to undergo the same rigorous approval process as higher education institutions.

These bills represent a four-month effort by the Governor’s Office, the Illinois State Board of Education, the two major teachers’ unions, civic and business leaders, advocates, management groups and legislators from both parties.

“Race to the Top” is a $4.35 billion competitive federal grant process focused on innovative approaches to education.

Illinois could receive up to $500 million in discretionary funds made available through the American Recovery and Reinvestment Act (ARRA).

Applications are due Jan. 19.

From the chicagopressrelease.com website...

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General Assembly passes Performance Evaluation Reform Act of 2010

Legal Insights for School Districts (Spring 2010)

by Maureen Anichini Lemon

On January 15, 2010, the Illinois General Assembly passed the Performance Evaluation Reform Act of 2010 (“the Act”). A primary outcome of the Act is to tie teacher and principal performance ratings to student growth. A primary motivator behind the Act is the belief that many existing school district performance evaluation systems fail to adequately distinguish between effective and ineffective teachers and principals. This belief is supported by the following statistic: of approximately 41,000 teacher evaluations performed over a 5 year period in 3 of the largest Illinois school districts, 92.6% of the teachers were rated “superior” or “excellent,” 7% were rated “satisfactory,” and only 0.4% were rated “unsatisfactory.” A driving force behind the timing of the Act’s passage was Illinois’ desire to position itself to apply for a federal Race to the Top grant. Although Illinois did not receive a grant in Phase I of that program, the state will file an application in Phase II of that grant program later this spring.

The Act amends who can evaluate teachers and principals and the training required to become a qualified evaluator. Any evaluator undertaking an evaluation after September 1, 2012 must first successfully complete a pre-qualification program provided or approved by the Illinois State Board of Education (“ISBE”). Evaluators are no longer required to be administrators. Rather, to be qualified as an evaluator, an individual must (1) be pre-qualified, (2) participate in inservice training provided or approved by ISBE prior to undertaking an evaluation, and (3) participate in such inservice training at least once during each certificate renewal cycle. This allows teachers to evaluate their peers. If the evaluating teacher is a member of a collective bargaining unit, the school district and the union must agree to that individual’s evaluating other bargaining unit members.

Regarding evaluations, by September 1, 2012, all school districts must evaluate non-tenured teachers at least once each school year and tenured teachers at least once every two school years. Before September 1, 2012, school districts may continue to use a 3 tier rating system (excellent / satisfactory / unsatisfactory), or move to a 4 tier rating system (excellent / proficient / needs improvement / unsatisfactory) to rate tenured teachers. After September 1, 2012, all school districts must use only the 4 tier system (excellent / proficient / needs improvement / unsatisfactory) to rate tenured teachers.

The Act establishes a new support initiative for tenured teachers who are rated as “needs improvement.” Within 30 school days after such an evaluation rating, the evaluator must, in consultation with the teacher, create a ‘professional development plan’ to address the areas that need improvement and specify any supports that the school district will provide to address those areas of need. The Act does not address what happens if the teacher continues to ‘need improvement’ except to require that the teacher be evaluated at least once in the following school year.

Tenured teachers rated as “unsatisfactory” will still be placed on a 90 school day remediation plan, unless a shorter time is specified in the applicable collective bargaining agreement. A mid-point and final evaluation by an evaluator will occur during and at the end of the remediation period. A teacher who fails to complete a remediation plan with a rating equal to or better than ‘satisfactory’ or ‘proficient’ shall be dismissed. Tenured teachers who receive a “needs improvement” or “unsatisfactory” rating must be evaluated at least once in the school year following the receipt of such a rating. If they receive a rating equal to or better than a ‘satisfactory’ or ‘proficient’ rating in the school year following a rating of ‘needs improvement’ or ‘unsatisfactory,’ they shall be reinstated to the regular evaluation schedule.

Certain provisions of the Act have different implementation dates for different school districts throughout the state: Chicago Public Schools (September 1, 2012 for 300 schools, all other schools by September 1, 2013); school districts that receive a Race to the Top Grant or School Improvement Grant (the date specified in the grant); school districts among the lowest performing 20% of remaining school districts (September 1, 2015); and all remaining school districts in the state (September 1, 2016).

Each school district shall, by its applicable implementation date, “in good faith cooperation with its teachers or, where applicable, the exclusive bargaining representatives of its teachers, incorporate the use of data and indicators on student growth as a significant factor in rating teaching performance, into its evaluation plan for all teachers.” To accomplish this, each school district must establish a joint committee composed of equal representation selected by the school district and its teachers/union. If, within 180 days of the committee’s first meeting, the committee does not reach agreement on the plan, each school district outside of Chicago shall be required to use a model evaluation plan developed by ISBE. By contrast, Chicago Public Schools may implement its last best proposal and need not implement ISBE’s model evaluation plan if its joint committee cannot agree on the plan.

The Act makes several changes to principal evaluation plans. Principals must be evaluated by March 1, as opposed to the current February 1 date. On or after September 1, 2012, the plan must use the same 4 tier system used to rate teachers to rate principals: excellent / proficient / needs improvement / unsatisfactory. Additionally, after that date, principals must be evaluated at least once every school year. Prior to September 1, 2012, principal evaluations must be in writing and must (1) consider the principal’s specific duties, responsibilities, management and competence; (2) specify the principal’s strengths and weaknesses, with supporting reasons; and (3) align with research-based standards established by ISBE. On or after September 1, 2012, the principal’s evaluation must also “provide for the use of data and indicators on student growth as a significant factor in rating performance.”

With respect to ISBE, the Act mandates that ISBE develop and implement a data collection and evaluation assessment and support system. These actions must be taken by September 1, 2011 if Illinois receives a Race to the Top grant, or by September 1, 2012 if Illinois is not a grant recipient. ISBE is expected to create procedures by which school districts must submit data and information on teacher and principal performance evaluations and evaluation plans. To the extent that ISBE does not timely fulfill its requirements under the Act, and/or does not receive adequate and sustainable federal or state funding, the implementation dates set forth in the Act will be postponed.

Once the implementation dates are in effect, school districts will be prohibited from seeking a waiver or modification of a mandate regarding the requirements for (i) student performance data to be a significant factor in teacher or principal evaluations or (ii) for teachers and principals to be rated using the 4 categories of ‘excellent,’ ‘proficient,’ ‘needs improvement,’ or ‘unsatisfactory.’ On the applicable implementation date, any previously authorized waiver or modification from such requirements will automatically end.

Finally, the Act clarifies that the performance evaluations of public school teachers, principals, and superintendents are exempt from disclosure and cannot be accessed with a Freedom of Information Act request.

If you have any questions regarding your school district’s obligations under the Illinois Performance Evaluation Reform Act of 2010, please contact Maureen Anichini Lemon at 630-682-0085.

CAT Tracks Editor's Note:

Back from the archives...

January 19th Edition of CAT Tracks

Talk about a "Senior Moment"...the CAT Tracks when I first announced that there was no way in hell that I would ever vote for Pat Quinn for Governor of Illinois, dog-catcher, whatever.

I guess with the daily onslaught of teacher-bashing, I forgot the particulars!

A mind is a terrible thing to waste away...

Actually, I think (like the e-mailer above) I was also guilty of misreading the article/legislation...thinking that it was only going to apply to those who "asked for it".

Since I knew that CAT had NOT "signed on"...

Guess that it's a clear reminder of that "ass-u-me" thing!

Unfortunately, the joke is on ALL us...

...a particularly cruel joke since IL proved to be one of the losers in the second round of "Race to the Duncan Dollars".