Illinois AI Teacher Evaluation Ban

Overview

Illinois Senate Bill 2909, introduced during the 104th General Assembly (2025-2026 session), represents a significant legislative effort to regulate the use of artificial intelligence (AI) in public education, specifically concerning teacher evaluations. This bill, officially titled "An Act concerning education," aims to amend the Evaluation of Certified Employees Article of the School Code. Its primary purpose is to prohibit the use of AI tools by evaluators for assigning numerical scores or qualitative ratings to teachers, or for any evaluation task that necessitates professional judgment. The legislation recognizes the growing integration of AI in various sectors, including education, but emphasizes the critical need to preserve human judgment and fairness in sensitive areas like professional performance assessments. The bill explicitly allows AI tools to be used for administrative support tasks, distinguishing between assistive administrative functions and core evaluative responsibilities. This nuanced approach seeks to leverage AI's efficiency benefits while safeguarding the integrity and human element of teacher evaluations.

The impetus behind SB 2909 stems from concerns regarding transparency, potential biases, and the fundamental nature of professional judgment in assessing educators. Proponents argue that human evaluators are essential for understanding the complex, contextual, and often qualitative aspects of teaching performance that AI systems may not accurately capture. The bill also includes crucial provisions for disclosure, mandating that if an AI tool is used by either an evaluator or a teacher for permitted administrative purposes, its name and specific purpose must be disclosed to the other party. This ensures a level of transparency in the use of AI within the evaluation process, fostering trust and accountability. Having successfully passed both the Illinois Senate and House of Representatives, the bill is currently in the adopted stage, awaiting the Governor's signature to become law.

Definitions

Within the context of Illinois Senate Bill 2909, several key terms are implicitly or explicitly defined through their application in the legislation. An "artificial intelligence tool" refers to any technology or software system that employs AI algorithms to perform tasks, particularly those that might otherwise require human intelligence. In the scope of this bill, this specifically pertains to AI tools capable of assigning numerical scores, generating qualitative ratings, or performing tasks that demand professional judgment in the context of teacher evaluations. The bill distinguishes these from AI tools used solely for "administrative tasks," which are generally understood as clerical, organizational, or data management functions that do not involve subjective assessment of professional performance. Examples of prohibited uses include an AI system directly scoring a teacher's classroom observation or generating a performance review summary that constitutes a qualitative rating. Permitted administrative uses might include AI-powered scheduling, data aggregation, or transcription services that do not influence the evaluative outcome.

The terms "evaluator" and "teacher" are understood within the established framework of the Illinois School Code, specifically the Evaluation of Certified Employees Article. An "evaluator" is typically a school administrator, principal, or other certified personnel designated by the school district to conduct formal assessments of teacher performance. Their role involves observing classroom practice, reviewing professional growth plans, and providing feedback and ratings. A "teacher" refers to certified employees in contractual continued service or those not yet in contractual continued service, whose professional practice is subject to formal evaluation by the school district. The bill's provisions apply equally to both parties, prohibiting evaluators from using AI for core judgment tasks and teachers from using AI to generate evidence of their professional practice for evaluation purposes. The disclosure requirement applies to both evaluators and teachers, ensuring mutual awareness of AI tool usage for administrative support.

Governance and Institutional Framework

Illinois SB 2909 operates within the existing governance and institutional framework of the Illinois School Code, specifically amending the provisions related to the Evaluation of Certified Employees. The Illinois State Board of Education (ISBE) serves as the primary regulatory body overseeing public education in the state, including establishing guidelines for teacher evaluations. This bill integrates directly into these established structures by modifying the requirements for local school districts' teacher evaluation plans. School districts are mandated by the School Code to establish and implement comprehensive teacher evaluation plans that ensure regular assessment of educators. SB 2909 adds a new layer of compliance to these plans, requiring them to explicitly prohibit the use of AI for substantive evaluative judgments. This means that existing district policies and collective bargaining agreements related to teacher evaluations will need to be reviewed and updated to reflect the new prohibitions and disclosure requirements.

The implementation of SB 2909 will rely on the administrative and oversight capabilities of local school boards and district leadership. These entities are responsible for developing, disseminating, and enforcing the updated evaluation policies. The bill does not create a new oversight body but rather modifies the operational parameters for existing ones. The intent is to ensure that the integrity of the evaluation process, which is critical for teacher professional development and accountability, remains grounded in human expertise and judgment. The disclosure requirement further places a responsibility on both evaluators and teachers to adhere to transparency standards when AI tools are utilized for permitted administrative functions. This framework leverages established channels for policy implementation and enforcement, minimizing the need for entirely new bureaucratic structures while introducing a critical safeguard against the inappropriate application of AI in a sensitive professional context.

Key Focus Areas

The core of Illinois SB 2909 lies in its precise delineation of permissible and prohibited uses of artificial intelligence in teacher evaluations. The primary focus is the outright prohibition on evaluators using AI tools to assign numerical scores or qualitative ratings for any component of a teacher's evaluation. This extends to any evaluation task that inherently requires professional judgment, such as assessing instructional effectiveness, classroom management, or pedagogical strategies. The legislative intent is to prevent the automation of subjective and nuanced human decisions that are central to a fair and comprehensive assessment of a teacher's performance. The bill underscores the belief that the complexities of teaching, including interactions with students, adaptability, and the creation of a positive learning environment, cannot be adequately or ethically reduced to an AI-generated score or rating.

Conversely, the bill explicitly permits the use of AI tools to support evaluators in purely administrative tasks. This distinction is crucial, allowing for efficiency gains where AI can genuinely assist without compromising professional judgment. Examples of such administrative support might include transcribing observation notes, organizing data, or scheduling evaluations. Furthermore, the legislation also addresses the role of teachers in this process, prohibiting them from using AI to generate evidence of their professional practice for evaluation purposes. However, similar to evaluators, teachers are allowed to use AI for administrative support related to their professional practice. A significant transparency measure is the requirement that if an AI tool is used by either an evaluator or a teacher, its name and specific purpose must be disclosed to the other party involved in the evaluation. This disclosure ensures that all participants are aware of AI's role, promoting accountability and informed consent within the evaluation framework.

Implementation Framework

The implementation of Illinois SB 2909 will primarily involve amendments to the existing Evaluation of Certified Employees Article of the Illinois School Code. Upon enactment, school districts throughout Illinois will be required to review and revise their established teacher evaluation plans to incorporate the new prohibitions and disclosure requirements. This process will necessitate updating district policies, administrative procedures, and potentially collective bargaining agreements that govern teacher evaluations. The Illinois State Board of Education (ISBE), while not explicitly given new enforcement powers by this bill, will likely provide guidance and resources to assist districts in understanding and complying with the updated statutory requirements. Districts will need to clearly communicate these changes to all evaluators and teachers to ensure widespread understanding and adherence.

Practical implementation will involve training for school administrators and other evaluators on what constitutes a prohibited use of AI versus a permissible administrative use. This training would emphasize the importance of human judgment in all aspects of assigning scores, ratings, and making professional assessments. Similarly, teachers will need to be educated on the limitations regarding AI use in generating evidence for their evaluations, as well as their right to disclosure regarding AI tools used by evaluators. The disclosure mechanism, requiring the name and specific purpose of any AI tool used for administrative support to be shared, will be a key operational component. This framework aims for a smooth integration of the new rules into existing educational governance structures, relying on established district-level compliance mechanisms and the overarching regulatory authority of the ISBE to ensure the bill's objectives are met effectively and consistently across the state.

Monitoring and Evaluation

Monitoring and evaluation of compliance with Illinois SB 2909 will primarily fall under the existing oversight mechanisms established for teacher evaluations within the Illinois School Code. The Illinois State Board of Education (ISBE) is responsible for ensuring that school districts adhere to state laws and regulations concerning education, including those related to teacher performance assessments. While the bill does not establish new dedicated monitoring bodies, compliance will likely be assessed through existing channels such as district reporting requirements, periodic audits, and grievance procedures. Teachers or evaluators who believe the provisions of SB 2909 have been violated would typically follow established district-level grievance processes, which may ultimately involve appeals to the ISBE or other relevant legal avenues. This approach leverages the established infrastructure for educational accountability, ensuring that the new AI-related regulations are integrated into ongoing oversight practices.

Effective monitoring will also depend on the transparency provisions embedded in the bill, particularly the requirement for disclosure of AI tool usage. If an evaluator uses an AI tool for administrative support, or if a teacher uses one for administrative tasks related to their evaluation, the name and specific purpose of the tool must be disclosed to the other party. This mutual disclosure mechanism acts as a form of self-monitoring and peer accountability, enabling individuals to identify and raise concerns about potential non-compliance. Furthermore, the ISBE may develop specific guidance documents or FAQs to clarify the scope of the prohibitions and permissible uses, aiding districts in their internal monitoring efforts. Over time, data collected through district reports or grievance resolutions could inform future legislative adjustments or the development of more specific guidelines, ensuring the law remains relevant and effective as AI technology evolves.

Penalties, Liability, and Appeals

Illinois SB 2909, by amending the Evaluation of Certified Employees Article of the School Code, integrates its prohibitions and disclosure requirements into the existing legal framework governing teacher evaluations. The bill itself does not introduce new, specific penalties solely for violations related to AI use. Instead, non-compliance with the provisions of SB 2909 would likely fall under the existing disciplinary and remedial actions outlined in the School Code for failures to adhere to established teacher evaluation policies. This means that if an evaluator uses an AI tool in a prohibited manner (e.g., to assign a numerical score), or fails to disclose its administrative use, such actions could be considered a violation of the district's evaluation plan and, by extension, state law. Consequences for such violations could range from administrative directives to corrective action plans for the individuals or districts involved, depending on the severity and nature of the non-compliance.

Liability for violations would typically rest with the school district as the employing entity responsible for implementing and enforcing evaluation policies, and potentially with individual evaluators who act outside the bounds of the law. Teachers also bear responsibility for adhering to the prohibition on using AI to generate evidence of their professional practice for evaluation purposes. Appeals processes for alleged violations would follow the established grievance procedures outlined in district policies and collective bargaining agreements. These typically involve initial review at the school level, followed by appeals to district administration, and potentially arbitration or legal action depending on the nature of the dispute. The absence of explicit new penalties in SB 2909 indicates an intent to integrate these AI regulations into the existing system of accountability and redress within Illinois' educational legal structure, ensuring that established mechanisms for dispute resolution are utilized.

Relationship to Other Instruments

Illinois SB 2909 operates as an amendment to the existing Illinois School Code, specifically targeting the Evaluation of Certified Employees Article. This means it directly modifies and complements the established legal framework for teacher evaluations rather than creating an entirely new standalone regulation. Its provisions must be read in conjunction with all other relevant sections of the School Code, including those pertaining to teacher rights, due process, and district responsibilities regarding personnel management. The bill's focus on AI in evaluations places it within a broader landscape of emerging AI-related legislation in Illinois. For instance, other recent Illinois bills, such as SB 315 (Artificial Intelligence Safety Measures Act), SB 318 (Prohibition on Bots Purchasing Tickets), SB 343 (Prohibiting Rental Property Price Fixing w/AI), and SB 3114 (Restricting Use of AI in Health Care Approvals), indicate a growing legislative interest in regulating AI across various sectors.

While SB 2909 is specific to teacher evaluations, its principles of ensuring human oversight and transparency resonate with broader themes in AI governance. For example, SB 416, which passed the Illinois Senate, bans AI grading in schools and requires board approval for classroom AI use, demonstrating a parallel concern for maintaining human judgment and accountability in educational contexts. Similarly, earlier legislative initiatives like SB 1556 and HB 2503 (introduced in 2025) aimed to establish a comprehensive framework for evaluating and implementing AI technology in schools, including creating an Instructional Technology Advisory Board. Although these other bills address different aspects of AI in education, SB 2909 contributes to a growing body of state law that collectively seeks to define the appropriate boundaries and ethical considerations for AI deployment within Illinois' educational system, ensuring that technological advancements serve, rather than undermine, core educational values.

National/Federal Alignment

Illinois SB 2909 primarily addresses a state-level concern regarding the ethical and practical implications of artificial intelligence in teacher evaluations, a domain traditionally governed by state and local educational authorities. There is currently no comprehensive federal legislation specifically prohibiting or regulating AI use in teacher evaluations across all U.S. states. However, the principles underlying SB 2909 align with broader national discussions and emerging federal guidance on responsible AI development and deployment, particularly in sensitive sectors like education. Federal agencies, such as the Department of Education, have issued non-binding guidance and frameworks encouraging states and local districts to consider issues of fairness, equity, transparency, and human oversight when integrating AI into educational tools. The White House Office of Science and Technology Policy (OSTP) has also published an AI Bill of Rights, which advocates for protections against biased or harmful AI systems, emphasizing human alternatives and oversight.

Therefore, while SB 2909 is a state-specific measure, its focus on preserving human judgment, preventing algorithmic bias in high-stakes decisions, and mandating transparency is consistent with federal calls for responsible AI. The bill ensures that Illinois' approach to AI in teacher evaluations is proactive in addressing concerns that are gaining national prominence. It sets a precedent at the state level that could influence other states considering similar legislation, contributing to a patchwork of state laws that collectively shape the national landscape of AI regulation in education. The bill also implicitly supports federal obligations, such as those under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, by ensuring that evaluation processes remain human-centered and capable of accommodating individual needs without algorithmic discrimination.

Implementation Timeline

Compliance Checklist

Sources and References