Hodges, Loizzi, Eisenhammer, Rodick & Kohn

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New Law places stringent requirements on teacher and principal evaluation plans & bans disclosure of evaluations 


Less than a month after the effective date of sweeping FOIA reform, the Illinois legislature passed P.A. 96-0861 (SB 315), which prohibits the disclosure of public school teacher and principal performance evaluations, effectively negating the obligation to disclose such evaluations pursuant to a FOIA request.

The same bill, referred to as the Performance Evaluation Reform Act of 2010, amended various sections of the School Code regarding the development of teacher and principal evaluation plans.  By the applicable implementation date under the statute, which varies based on whether a district receives a Race to the Top Grant or a School Improvement Grant or is a low-performing district, districts must develop teacher evaluation plans that incorporate data and indicators on student growth as a significant factor in rating teacher performance.  By September 1, 2012, these plans must ensure that non-tenured teachers are evaluated at least once every year and tenured teachers are evaluated at least once every two years.  Tenured teachers who receive a rating of "needs improvement" or "unsatisfactory" must be evaluated at least once in the school year following such rating.  

Similarly, by September 1, 2012, superintendents (or their designees) must develop a written principal evaluation plan that, among other things, provides for annual principal evaluations and uses data and indicators on student growth as a significant factor in rating principal performance.