WHEN GOOD THINGS GO BAD:�PDPs, REMEDIATION PLANS & ADDRESSING POORLY PERFORMING TENURED TEACHERS

IASPA Webinar

December 17, 2025�Ben Shaw and Athena Christofalos

KNOW, UNDERSTAND, AND FOLLOW…

• Law (i.e., statute and regulations)
• Your District’s Evaluation Plan
• Your District’s Collective Bargaining Agreement
• Your District’s evaluator expectations and norms

EVALUATION PROCESS REMINDER

• If the qualified evaluator determines that the evidence collected to date may result in the teacher receiving either a Needs Improvement or Unsatisfactory rating, then he/she must notify the teacher of that determination
• The teacher shall work with the qualified evaluator (or others) to identify areas for improvement

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When Good Things Go Bad

FOR TENURED TEACHERS…

• NI rating 🡪 Professional Development Plans (PDP)
• Unsatisfactory rating 🡪 Remediation Plans
• (For non-tenured teachers, an NI or Unsatisfactory 🡪 non-renewal, usually)

UNSATISFACTORY APPEALS – BREAKING IT DOWN

Union’s Role

• Bargain the appeals process
• Bargain the issuance of a replacement rating

PERA Jt Cmte’s Role

• Agree to panel of qualified evaluators
• Criteria for successful appeals – i.e., whether an Unsatisfactory rating is “erroneous”

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Q.E. Panel’s Role

• Assess Unsatisfactory evaluation rating
• Decide whether to revoke as “erroneous”

Professional Development Plans

[The Evaluation Plan must include…] within 30 school days after the completion of an evaluation rating a [tenured] teacher as NI, development by the evaluator, in consultation with the teacher, and taking into account the teacher's on-going professional responsibilities including his or her regular teaching assignments, of a professional development plan directed to the areas that need improvement and any supports that the district will provide to address the areas identified as needing improvement

105 ILCS 5/24A-5

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PDP REQUIREMENTS

• Tenured teachers only
• Follows NI rating
• Developed within 30 school days
• Evaluator develops PDP, in consultation with teacher

• Takes into account teacher’s ongoing professional responsibilities, including his/her regular teaching assignments
• Directed at areas needing improvement
• Lists supports the District will provide to address areas needing improvement

PDP STATUTE DOES NOT DICTATE

• A specific duration
• A summative or formative rating
• Observations or evaluations
• A specific outcome upon a failed PDP

OPEN QUESTIONS & ISSUES

• If PDP runs for relatively short period of time, what happens when it ends (during the fall semester, for example)?
• Satisfied PDP 🡪 Still in regular evaluation cycle that year
• Failed PDP 🡪 ??? (Automatic Unsatisfactory? No, unless negotiated w/ union.)
• Do PDP observations, if used, count for regular evaluation cycle, too?
• PDPs tied to performance measures that are not available until end of year following NI rating

MANDATORY EVALUATION IN YEAR AFTER NI RATING

Proficient or Excellent

• Reinstated to regular evaluation schedule

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NI or Unsatisfactory

• NI 🡪 begin 2nd PDP (unless negotiated otherwise)
• Unsatisfactory 🡪 Remediation Plan

Remediation Plans

REMEDIATION PLAN TIMELINES

• Develop RP within 30 school days
• RP runs for 90 school days�(or less if in CBA)
• Mid-point evaluation, w/ copy to teacher within 10 school days
• Final evaluation of the second 45 day period that also provides an overall evaluation of the entire remediation period, w/copy to teacher within 10 days

• Failed RP 🡪 Dismissal proceedings
• Successful RP 🡪 Re-evaluate in year following Unsatisfactory rating

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PARTICIPANTS IN REMEDIATION PLANS

• Tenured teacher rated Unsatisfactory
• Evaluator(s)
• Consulting teacher selected by the evaluator

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CONSULTING TEACHER

• An educational employee under the IELRA;
• 5+ years teaching experience;
• Reasonable familiarity with assignment of the Unsatisfactory teacher; and
• Received “Excellent” rating on most recent evaluation
• (If no District teachers qualify, see ROE)

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LIST OF POTENTIAL CONSULTING TEACHERS

• Union may supply a roster of qualified teachers from which the consulting teacher is to be selected
• If more than five qualified teachers, must list at least five
• If fewer than five qualified teachers, must list all who are qualified
• If dispute as to qualifications, ISBE determines
• *See CBA/Evaluation Plan for any additional procedures/requirements

CONSULTING TEACHER’S ROLE

• Consulting teacher must:
• Participate in developing the RP
• Provide advice to the Unsatisfactory teacher on how to improve teaching skills and how to successfully complete the RP
• Consulting teachers can’t be compelled to testify at a dismissal hearing as to the rating process or opinions of the Unsatisfactory teacher’s performance

OTHER PLAYERS

• Union
• Second evaluator
• Lawyers
• (*Unique roles if going route of Optional Alternative Evaluation Dismissal process)

INVOLVEMENT OF LEGAL COUNSEL

• Tenured teacher gets U rating
• Develop Remediation Plan
• 45-day/mid-point RP evaluation
• 90-day/final RP evaluation

• Summative RP evaluation
• Failed RP 🡪 dismissal proceedings
• Successful RP 🡪 re-evaluate in year following U rating

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DEVELOPING SUBSTANCE OF REMEDIATION PLAN

• Remediation plan designed to correct remediable deficiencies cited in the evaluation
• Consulting teacher helps develop remediation plan
• Create initial draft of remediation plan, but solicit input from consulting teacher
• Date and sign the remediation plan

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DEVELOPING SUBSTANCE OF REMEDIATION PLAN

• Be clear about roles and process (esp. timelines)
• Should be rigorous, but not unattainable
• Require meaningful activities and supports
• Make sure evaluator understands remediation plan and can implement it

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REMEDIATION PLAN EVALUATIONS

• Mid-point and final evaluation, each covering period since last evaluation
• Final evaluation also needs to include overall evaluation of entire remediation period (essentially a summative for the RP)
• Provide and discuss written evaluations and ratings within 10 school days
• Identify any deficiencies in performance & recommendations for correction

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REMEDIATION PLAN EVALUATIONS

• Evaluations at conclusion of RP are separate and distinct from required annual evaluations and aren’t subject to annual evaluation guidelines and procedures
• Evaluator may use regular evaluation forms, but doesn’t have to
• Evaluations solely up to evaluator, unless CBA says otherwise
• Base each evaluation on as many observations as possible

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OUTCOMES OF REMEDIATION PLANS

• Unsuccessful remediation = Overall RP evaluation of U/NI
• Proceed with dismissal (BOE, then ISBE Hearing Officer, then court OR OAED process)
• Successful remediation = Overall RP evaluation of P/E
• Still up for re-evaluation in year following original Unsatisfactory rating

• Evaluation in year following original Unsatisfactory
• E/P rating 🡪 reinstated to regular evaluation cycle
• NI rating 🡪 PDP
• U rating 🡪 see next slide

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REPEAT POOR PERFORMERS

• If tenured teacher successfully remediates, then gets another Unsatisfactory rating within three years thereafter, District may forgo second Remediation Plan and instead seek dismissal
• ISBE has power to initiate licensing suspension/revocation action for incompetency if a teacher received two+ Unsatisfactory ratings within seven years

PRACTICE TIPS

• Use more than one evaluator
• Allow plenty of additional time
• Involve legal counsel early
• Avoid the appearance of targeting the teacher

Addressing Loopholes

ADDRESSING LOOPHOLES

• Some school districts have run into situations where the evaluation plan’s weighting of student growth (if still being used) makes it impossible to get less than a “Needs Improvement”
• Tips:
• Confirm that if you are using 30% student growth/70% professional practice structure that you have not used the ISBE 50%/50% matrix and that the matrix is weighted appropriately with 30%/70%
• Avoid using “all in” student growth models

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ADDRESSING LOOPHOLES

• Under the law, there is nothing to prevent a teacher from receiving “Needs Improvement” ratings in perpetuity and continually going on PDPs
• To overcome that loophole, it requires bargaining with the union

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BOARD OF EDUCATION OF ROCKFORD PUBLIC SCHOOLS DISTRICT NO. 205 V. ISBE

• In Rockford, the District had negotiated into their evaluation plan a provision that placed a teacher who received two consecutive “Needs Improvement” ratings on a remediation plan
• A tenured teacher with two consecutive NI’s was placed onto a remediation plan and failed to score a proficient at the close of the remediation period
• The court upheld the tenured teacher’s dismissal despite the teacher never receiving a “Unsatisfactory”

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AND IF YOU ARE STILL STUCK…

• Consider whether you are able to frame a performance concern as a behavior concern and initiate progressive discipline for misconduct
• Reprimand
• Suspensions
• Notice of Remedial Warning

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Hypotheticals (if time allows)

HYPO #1

• Biology teacher Michael Scott has been rated Unsatisfactory in his summative evaluation. Major areas of deficiency (among many) from the summative are in components 2c “Managing Classroom Procedures” and 2d “Managing Student Behavior” due to issues with efficiently guiding his classes through lab projects and managing student’s misuse of lab equipment.
• What activities and supports can be used in the remediation plan to assist him in improving on these components?

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HYPO #2

• During his formally observed lessons, tenured Ag/Science teacher Dwight K. Schrute was rated as Unsatisfactory on components 1c “Setting Instructional Outcomes” and 1e “Designing Coherent Instruction.” The observed lessons lacked any indication of a specific learning objective and instead mostly consisted of Schrute ordering students around to maintain various crops.
• What activities and supports can be used in the remediation plan to assist him in improving on these components?

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HYPO #3

• Tenured Library Media Center Director Pamela Beasley was rated Unsatisfactory and was placed on a remediation plan. Beasley is the only individual in the District with the Library Information Specialist PEL endorsement.
• What options does the District have for identifying a consulting teacher?

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HYPO #4

• When you see a tenured teacher beginning to struggle and head towards a NI or U, when should you call your attorney?

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Questions

Athena Christofalos ▪ achristofalos@hlerk.com�Ben Shaw ▪ bshaw@hlerk.com

This is intended solely to provide information to the school community. �It is not legal advice or a substitute for legal counsel. �It is intended as advertising but not as a solicitation of an attorney/client relationship.

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