Rep. Fred Crespo

Filed: 4/20/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1257

2    AMENDMENT NO. ______. Amend House Bill 1257 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
524-12 and 24A-4 as follows:
 
6    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
7    Sec. 24-12. Removal or dismissal of teachers in contractual
8continued service.
9    (a) This subsection (a) applies only to honorable
10dismissals and recalls in which the notice of dismissal is
11provided on or before the end of the 2010-2011 school term. If
12a teacher in contractual continued service is removed or
13dismissed as a result of a decision of the board to decrease
14the number of teachers employed by the board or to discontinue
15some particular type of teaching service, written notice shall
16be mailed to the teacher and also given the teacher either by

 

 

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1certified mail, return receipt requested or personal delivery
2with receipt at least 60 days before the end of the school
3term, together with a statement of honorable dismissal and the
4reason therefor, and in all such cases the board shall first
5remove or dismiss all teachers who have not entered upon
6contractual continued service before removing or dismissing
7any teacher who has entered upon contractual continued service
8and who is legally qualified to hold a position currently held
9by a teacher who has not entered upon contractual continued
10service.
11    As between teachers who have entered upon contractual
12continued service, the teacher or teachers with the shorter
13length of continuing service with the district shall be
14dismissed first unless an alternative method of determining the
15sequence of dismissal is established in a collective bargaining
16agreement or contract between the board and a professional
17faculty members' organization and except that this provision
18shall not impair the operation of any affirmative action
19program in the district, regardless of whether it exists by
20operation of law or is conducted on a voluntary basis by the
21board. Any teacher dismissed as a result of such decrease or
22discontinuance shall be paid all earned compensation on or
23before the third business day following the last day of pupil
24attendance in the regular school term.
25    If the board has any vacancies for the following school
26term or within one calendar year from the beginning of the

 

 

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1following school term, the positions thereby becoming
2available shall be tendered to the teachers so removed or
3dismissed so far as they are legally qualified to hold such
4positions; provided, however, that if the number of honorable
5dismissal notices based on economic necessity exceeds 15% of
6the number of full time equivalent positions filled by
7certified employees (excluding principals and administrative
8personnel) during the preceding school year, then if the board
9has any vacancies for the following school term or within 2
10calendar years from the beginning of the following school term,
11the positions so becoming available shall be tendered to the
12teachers who were so notified and removed or dismissed whenever
13they are legally qualified to hold such positions. Each board
14shall, in consultation with any exclusive employee
15representatives, each year establish a list, categorized by
16positions, showing the length of continuing service of each
17teacher who is qualified to hold any such positions, unless an
18alternative method of determining a sequence of dismissal is
19established as provided for in this Section, in which case a
20list shall be made in accordance with the alternative method.
21Copies of the list shall be distributed to the exclusive
22employee representative on or before February 1 of each year.
23Whenever the number of honorable dismissal notices based upon
24economic necessity exceeds 5, or 150% of the average number of
25teachers honorably dismissed in the preceding 3 years,
26whichever is more, then the board also shall hold a public

 

 

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1hearing on the question of the dismissals. Following the
2hearing and board review the action to approve any such
3reduction shall require a majority vote of the board members.
4    (b) This subsection (b) applies only to honorable
5dismissals and recalls in which the notice of dismissal is
6provided during the 2011-2012 school term or a subsequent
7school term. If any teacher, whether or not in contractual
8continued service, is removed or dismissed as a result of a
9decision of a school board to decrease the number of teachers
10employed by the board, a decision of a school board to
11discontinue some particular type of teaching service, or a
12reduction in the number of programs or positions in a special
13education joint agreement, then written notice must be mailed
14to the teacher and also given to the teacher either by
15certified mail, return receipt requested, or personal delivery
16with receipt at least 45 days before the end of the school
17term, together with a statement of honorable dismissal and the
18reason therefor, and in all such cases the sequence of
19dismissal shall occur in accordance with this subsection (b);
20except that this subsection (b) shall not impair the operation
21of any affirmative action program in the school district,
22regardless of whether it exists by operation of law or is
23conducted on a voluntary basis by the board.
24    Each teacher must be categorized into one or more positions
25for which the teacher is qualified to hold, based upon legal
26qualifications and any other qualifications established in a

 

 

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1district or joint agreement job description, on or before the
2May 10 prior to the school year during which the sequence of
3dismissal is determined. Within each position and subject to
4agreements made by the joint committee on honorable dismissals
5that are authorized by subsection (c) of this Section, the
6school district or joint agreement must establish 4 groupings
7of teachers qualified to hold the position as follows:
8        (1) Grouping one shall consist of each teacher who is
9    not in contractual continued service and who (i) has not
10    received a performance evaluation rating, (ii) is employed
11    for one school term or less to replace a teacher on leave,
12    or (iii) is employed on a part-time basis. "Part-time
13    basis" for the purposes of this subsection (b) means a
14    teacher who is employed to teach less than a full-day,
15    teacher workload or less than 5 days of the normal student
16    attendance week, unless otherwise provided for in a
17    collective bargaining agreement between the district and
18    the exclusive representative of the district's teachers.
19    For the purposes of this Section, a teacher (A) who is
20    employed as a full-time teacher but who actually teaches or
21    is otherwise present and participating in the district's
22    educational program for less than a school term or (B) who,
23    in the immediately previous school term, was employed on a
24    full-time basis and actually taught or was otherwise
25    present and participated in the district's educational
26    program for 120 days or more is not considered employed on

 

 

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1    a part-time basis.
2        (2) Grouping 2 shall consist of each teacher with a
3    Needs Improvement or Unsatisfactory performance evaluation
4    rating on either of the teacher's last 2 performance
5    evaluation ratings.
6        (3) Grouping 3 shall consist of each teacher with a
7    performance evaluation rating of at least Satisfactory or
8    Proficient on both of the teacher's last 2 performance
9    evaluation ratings, if 2 ratings are available, or on the
10    teacher's last performance evaluation rating, if only one
11    rating is available, unless the teacher qualifies for
12    placement into grouping 4.
13        (4) Grouping 4 shall consist of each teacher whose last
14    2 performance evaluation ratings are Excellent and each
15    teacher with 2 Excellent performance evaluation ratings
16    out of the teacher's last 3 performance evaluation ratings
17    with a third rating of Satisfactory or Proficient.
18    Among teachers qualified to hold a position, teachers must
19be dismissed in the order of their groupings, with teachers in
20grouping one dismissed first and teachers in grouping 4
21dismissed last.
22    Within grouping one, the sequence of dismissal must be at
23the discretion of the school district or joint agreement.
24Within grouping 2, the sequence of dismissal must be based upon
25average performance evaluation ratings, with the teacher or
26teachers with the lowest average performance evaluation rating

 

 

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1dismissed first. A teacher's average performance evaluation
2rating must be calculated using the average of the teacher's
3last 2 performance evaluation ratings, if 2 ratings are
4available, or the teacher's last performance evaluation
5rating, if only one rating is available, using the following
6numerical values: 4 for Excellent; 3 for Proficient or
7Satisfactory; 2 for Needs Improvement; and 1 for
8Unsatisfactory. As between or among teachers in grouping 2 with
9the same average performance evaluation rating and within each
10of groupings 3 and 4, the teacher or teachers with the shorter
11length of continuing service with the school district or joint
12agreement must be dismissed first unless an alternative method
13of determining the sequence of dismissal is established in a
14collective bargaining agreement or contract between the board
15and a professional faculty members' organization.
16    Each board, including the governing board of a joint
17agreement, shall, in consultation with any exclusive employee
18representatives, each year establish a sequence of honorable
19dismissal list categorized by positions and the groupings
20defined in this subsection (b). Copies of the list showing each
21teacher by name and categorized by positions and the groupings
22defined in this subsection (b) must be distributed to the
23exclusive bargaining representative at least 75 days before the
24end of the school term, provided that the school district or
25joint agreement may, with notice to any exclusive employee
26representatives, move teachers from grouping one into another

 

 

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1grouping during the period of time from 75 days until 45 days
2before the end of the school term. Each year, each board shall
3also establish, in consultation with any exclusive employee
4representatives, a list showing the length of continuing
5service of each teacher who is qualified to hold any such
6positions, unless an alternative method of determining a
7sequence of dismissal is established as provided for in this
8Section, in which case a list must be made in accordance with
9the alternative method. Copies of the list must be distributed
10to the exclusive employee representative at least 75 days
11before the end of the school term.
12    Any teacher dismissed as a result of such decrease or
13discontinuance must be paid all earned compensation on or
14before the third business day following the last day of pupil
15attendance in the regular school term.
16    If the board or joint agreement has any vacancies for the
17following school term or within one calendar year from the
18beginning of the following school term, the positions thereby
19becoming available must be tendered to the teachers so removed
20or dismissed who were in groupings 3 or 4 of the sequence of
21dismissal and are qualified to hold the positions, based upon
22legal qualifications and any other qualifications established
23in a district or joint agreement job description, on or before
24the May 10 prior to the date of the positions becoming
25available, provided that if the number of honorable dismissal
26notices based on economic necessity exceeds 15% of the number

 

 

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1of full-time equivalent positions filled by certified
2employees (excluding principals and administrative personnel)
3during the preceding school year, then the recall period is for
4the following school term or within 2 calendar years from the
5beginning of the following school term. If the board or joint
6agreement has any vacancies within the period from the
7beginning of the following school term through February 1 of
8the following school term (unless a date later than February 1,
9but no later than 6 months from the beginning of the following
10school term, is established in a collective bargaining
11agreement), the positions thereby becoming available must be
12tendered to the teachers so removed or dismissed who were in
13grouping 2 of the sequence of dismissal due to one "needs
14improvement" rating on either of the teacher's last 2
15performance evaluation ratings, provided that, if 2 ratings are
16available, the other performance evaluation rating used for
17grouping purposes is "satisfactory", "proficient", or
18"excellent", and are qualified to hold the positions, based
19upon legal qualifications and any other qualifications
20established in a district or joint agreement job description,
21on or before the May 10 prior to the date of the positions
22becoming available. On and after the effective date of this
23amendatory Act of the 98th General Assembly, the preceding
24sentence shall apply to teachers removed or dismissed by
25honorable dismissal, even if notice of honorable dismissal
26occurred during the 2013-2014 school year. Among teachers

 

 

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1eligible for recall pursuant to the preceding sentence, the
2order of recall must be in inverse order of dismissal, unless
3an alternative order of recall is established in a collective
4bargaining agreement or contract between the board and a
5professional faculty members' organization. Whenever the
6number of honorable dismissal notices based upon economic
7necessity exceeds 5 notices or 150% of the average number of
8teachers honorably dismissed in the preceding 3 years,
9whichever is more, then the school board or governing board of
10a joint agreement, as applicable, shall also hold a public
11hearing on the question of the dismissals. Following the
12hearing and board review, the action to approve any such
13reduction shall require a majority vote of the board members.
14    For purposes of this subsection (b), subject to agreement
15on an alternative definition reached by the joint committee
16described in subsection (c) of this Section, a teacher's
17performance evaluation rating means the overall performance
18evaluation rating resulting from an annual or biennial
19performance evaluation conducted pursuant to Article 24A of
20this Code by the school district or joint agreement determining
21the sequence of dismissal, not including any performance
22evaluation conducted during or at the end of a remediation
23period. No more than one evaluation rating each school term
24shall be one of the evaluation ratings used for the purpose of
25determining the sequence of dismissal. Except as otherwise
26provided in this subsection for any performance evaluations

 

 

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1conducted during or at the end of a remediation period, if
2multiple performance evaluations are conducted in a school
3term, only the rating from the last evaluation conducted prior
4to establishing the sequence of honorable dismissal list in
5such school term shall be the one evaluation rating from that
6school term used for the purpose of determining the sequence of
7dismissal. Averaging ratings from multiple evaluations is not
8permitted unless otherwise agreed to in a collective bargaining
9agreement or contract between the board and a professional
10faculty members' organization. The preceding 3 sentences are
11not a legislative declaration that existing law does or does
12not already require that only one performance evaluation each
13school term shall be used for the purpose of determining the
14sequence of dismissal. For performance evaluation ratings
15determined prior to September 1, 2012, any school district or
16joint agreement with a performance evaluation rating system
17that does not use either of the rating category systems
18specified in subsection (d) of Section 24A-5 of this Code for
19all teachers must establish a basis for assigning each teacher
20a rating that complies with subsection (d) of Section 24A-5 of
21this Code for all of the performance evaluation ratings that
22are to be used to determine the sequence of dismissal. A
23teacher's grouping and ranking on a sequence of honorable
24dismissal shall be deemed a part of the teacher's performance
25evaluation, and that information shall be disclosed to the
26exclusive bargaining representative as part of a sequence of

 

 

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1honorable dismissal list, notwithstanding any laws prohibiting
2disclosure of such information. A performance evaluation
3rating may be used to determine the sequence of dismissal,
4notwithstanding the pendency of any grievance resolution or
5arbitration procedures relating to the performance evaluation.
6If a teacher has received at least one performance evaluation
7rating conducted by the school district or joint agreement
8determining the sequence of dismissal and a subsequent
9performance evaluation is not conducted in any school year in
10which such evaluation is required to be conducted under Section
1124A-5 of this Code, the teacher's performance evaluation rating
12for that school year for purposes of determining the sequence
13of dismissal is deemed Proficient. If a performance evaluation
14rating is nullified as the result of an arbitration,
15administrative agency, or court determination, then the school
16district or joint agreement is deemed to have conducted a
17performance evaluation for that school year, but the
18performance evaluation rating may not be used in determining
19the sequence of dismissal.
20    Nothing in this subsection (b) shall be construed as
21limiting the right of a school board or governing board of a
22joint agreement to dismiss a teacher not in contractual
23continued service in accordance with Section 24-11 of this
24Code.
25    Any provisions regarding the sequence of honorable
26dismissals and recall of honorably dismissed teachers in a

 

 

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1collective bargaining agreement entered into on or before
2January 1, 2011 and in effect on the effective date of this
3amendatory Act of the 97th General Assembly that may conflict
4with this amendatory Act of the 97th General Assembly shall
5remain in effect through the expiration of such agreement or
6June 30, 2013, whichever is earlier.
7    (c) Each school district and special education joint
8agreement must use a joint committee composed of equal
9representation selected by the school board and its teachers
10or, if applicable, the exclusive bargaining representative of
11its teachers, to address the matters described in paragraphs
12(1) through (5) of this subsection (c) pertaining to honorable
13dismissals under subsection (b) of this Section.
14        (1) The joint committee must consider and may agree to
15    criteria for excluding from grouping 2 and placing into
16    grouping 3 a teacher whose last 2 performance evaluations
17    include a Needs Improvement and either a Proficient or
18    Excellent.
19        (2) The joint committee must consider and may agree to
20    an alternative definition for grouping 4, which definition
21    must take into account prior performance evaluation
22    ratings and may take into account other factors that relate
23    to the school district's or program's educational
24    objectives. An alternative definition for grouping 4 may
25    not permit the inclusion of a teacher in the grouping with
26    a Needs Improvement or Unsatisfactory performance

 

 

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1    evaluation rating on either of the teacher's last 2
2    performance evaluation ratings.
3        (3) The joint committee may agree to including within
4    the definition of a performance evaluation rating a
5    performance evaluation rating administered by a school
6    district or joint agreement other than the school district
7    or joint agreement determining the sequence of dismissal.
8        (4) For each school district or joint agreement that
9    administers performance evaluation ratings that are
10    inconsistent with either of the rating category systems
11    specified in subsection (d) of Section 24A-5 of this Code,
12    the school district or joint agreement must consult with
13    the joint committee on the basis for assigning a rating
14    that complies with subsection (d) of Section 24A-5 of this
15    Code to each performance evaluation rating that will be
16    used in a sequence of dismissal.
17        (5) Upon request by a joint committee member submitted
18    to the employing board by no later than 10 days after the
19    distribution of the sequence of honorable dismissal list, a
20    representative of the employing board shall, within 5 days
21    after the request, provide to members of the joint
22    committee a list showing the most recent and prior
23    performance evaluation ratings of each teacher identified
24    only by length of continuing service in the district or
25    joint agreement and not by name. If, after review of this
26    list, a member of the joint committee has a good faith

 

 

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1    belief that a disproportionate number of teachers with
2    greater length of continuing service with the district or
3    joint agreement have received a recent performance
4    evaluation rating lower than the prior rating, the member
5    may request that the joint committee review the list to
6    assess whether such a trend may exist. Following the joint
7    committee's review, but by no later than the end of the
8    applicable school term, the joint committee or any member
9    or members of the joint committee may submit a report of
10    the review to the employing board and exclusive bargaining
11    representative, if any. Nothing in this paragraph (5) shall
12    impact the order of honorable dismissal or a school
13    district's or joint agreement's authority to carry out a
14    dismissal in accordance with subsection (b) of this
15    Section.
16    Agreement by the joint committee as to a matter requires
17the majority vote of all committee members, and if the joint
18committee does not reach agreement on a matter, then the
19otherwise applicable requirements of subsection (b) of this
20Section shall apply. Except as explicitly set forth in this
21subsection (c), a joint committee has no authority to agree to
22any further modifications to the requirements for honorable
23dismissals set forth in subsection (b) of this Section. The
24joint committee must be established, and the first meeting of
25the joint committee each school year must occur on or before
26December 1.

 

 

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1    The joint committee must reach agreement on a matter on or
2before February 1 of a school year in order for the agreement
3of the joint committee to apply to the sequence of dismissal
4determined during that school year. Subject to the February 1
5deadline for agreements, the agreement of a joint committee on
6a matter shall apply to the sequence of dismissal until the
7agreement is amended or terminated by the joint committee.
8    The provisions of the Open Meetings Act shall not apply to
9meetings of a joint committee created under this subsection
10(c).
11    (d) Notwithstanding anything to the contrary in this
12subsection (d), the requirements and dismissal procedures of
13Section 24-16.5 of this Code shall apply to any dismissal
14sought under Section 24-16.5 of this Code.
15        (1) If a dismissal of a teacher in contractual
16    continued service is sought for any reason or cause other
17    than an honorable dismissal under subsections (a) or (b) of
18    this Section or a dismissal sought under Section 24-16.5 of
19    this Code, including those under Section 10-22.4, the board
20    must first approve a motion containing specific charges by
21    a majority vote of all its members. Written notice of such
22    charges, including a bill of particulars and the teacher's
23    right to request a hearing, must be mailed to the teacher
24    and also given to the teacher either by certified mail,
25    return receipt requested, or personal delivery with
26    receipt within 5 days of the adoption of the motion. Any

 

 

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1    written notice sent on or after July 1, 2012 shall inform
2    the teacher of the right to request a hearing before a
3    mutually selected hearing officer, with the cost of the
4    hearing officer split equally between the teacher and the
5    board, or a hearing before a board-selected hearing
6    officer, with the cost of the hearing officer paid by the
7    board.
8        Before setting a hearing on charges stemming from
9    causes that are considered remediable, a board must give
10    the teacher reasonable warning in writing, stating
11    specifically the causes that, if not removed, may result in
12    charges; however, no such written warning is required if
13    the causes have been the subject of a remediation plan
14    pursuant to Article 24A of this Code.
15        If, in the opinion of the board, the interests of the
16    school require it, the board may suspend the teacher
17    without pay, pending the hearing, but if the board's
18    dismissal or removal is not sustained, the teacher shall
19    not suffer the loss of any salary or benefits by reason of
20    the suspension.
21        (2) No hearing upon the charges is required unless the
22    teacher within 17 days after receiving notice requests in
23    writing of the board that a hearing be scheduled before a
24    mutually selected hearing officer or a hearing officer
25    selected by the board. The secretary of the school board
26    shall forward a copy of the notice to the State Board of

 

 

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1    Education.
2        (3) Within 5 business days after receiving a notice of
3    hearing in which either notice to the teacher was sent
4    before July 1, 2012 or, if the notice was sent on or after
5    July 1, 2012, the teacher has requested a hearing before a
6    mutually selected hearing officer, the State Board of
7    Education shall provide a list of 5 prospective, impartial
8    hearing officers from the master list of qualified,
9    impartial hearing officers maintained by the State Board of
10    Education. Each person on the master list must (i) be
11    accredited by a national arbitration organization and have
12    had a minimum of 5 years of experience directly related to
13    labor and employment relations matters between employers
14    and employees or their exclusive bargaining
15    representatives and (ii) beginning September 1, 2012, have
16    participated in training provided or approved by the State
17    Board of Education for teacher dismissal hearing officers
18    so that he or she is familiar with issues generally
19    involved in evaluative and non-evaluative dismissals.
20        If notice to the teacher was sent before July 1, 2012
21    or, if the notice was sent on or after July 1, 2012, the
22    teacher has requested a hearing before a mutually selected
23    hearing officer, the board and the teacher or their legal
24    representatives within 3 business days shall alternately
25    strike one name from the list provided by the State Board
26    of Education until only one name remains. Unless waived by

 

 

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1    the teacher, the teacher shall have the right to proceed
2    first with the striking. Within 3 business days of receipt
3    of the list provided by the State Board of Education, the
4    board and the teacher or their legal representatives shall
5    each have the right to reject all prospective hearing
6    officers named on the list and notify the State Board of
7    Education of such rejection. Within 3 business days after
8    receiving this notification, the State Board of Education
9    shall appoint a qualified person from the master list who
10    did not appear on the list sent to the parties to serve as
11    the hearing officer, unless the parties notify it that they
12    have chosen to alternatively select a hearing officer under
13    paragraph (4) of this subsection (d).
14        If the teacher has requested a hearing before a hearing
15    officer selected by the board, the board shall select one
16    name from the master list of qualified impartial hearing
17    officers maintained by the State Board of Education within
18    3 business days after receipt and shall notify the State
19    Board of Education of its selection.
20        A hearing officer mutually selected by the parties,
21    selected by the board, or selected through an alternative
22    selection process under paragraph (4) of this subsection
23    (d) (A) must not be a resident of the school district, (B)
24    must be available to commence the hearing within 75 days
25    and conclude the hearing within 120 days after being
26    selected as the hearing officer, and (C) must issue a

 

 

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1    decision as to whether the teacher must be dismissed and
2    give a copy of that decision to both the teacher and the
3    board within 30 days from the conclusion of the hearing or
4    closure of the record, whichever is later.
5        (4) In the alternative to selecting a hearing officer
6    from the list received from the State Board of Education or
7    accepting the appointment of a hearing officer by the State
8    Board of Education or if the State Board of Education
9    cannot provide a list or appoint a hearing officer that
10    meets the foregoing requirements, the board and the teacher
11    or their legal representatives may mutually agree to select
12    an impartial hearing officer who is not on the master list
13    either by direct appointment by the parties or by using
14    procedures for the appointment of an arbitrator
15    established by the Federal Mediation and Conciliation
16    Service or the American Arbitration Association. The
17    parties shall notify the State Board of Education of their
18    intent to select a hearing officer using an alternative
19    procedure within 3 business days of receipt of a list of
20    prospective hearing officers provided by the State Board of
21    Education, notice of appointment of a hearing officer by
22    the State Board of Education, or receipt of notice from the
23    State Board of Education that it cannot provide a list that
24    meets the foregoing requirements, whichever is later.
25        (5) If the notice of dismissal was sent to the teacher
26    before July 1, 2012, the fees and costs for the hearing

 

 

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1    officer must be paid by the State Board of Education. If
2    the notice of dismissal was sent to the teacher on or after
3    July 1, 2012, the hearing officer's fees and costs must be
4    paid as follows in this paragraph (5). The fees and
5    permissible costs for the hearing officer must be
6    determined by the State Board of Education. If the board
7    and the teacher or their legal representatives mutually
8    agree to select an impartial hearing officer who is not on
9    a list received from the State Board of Education, they may
10    agree to supplement the fees determined by the State Board
11    to the hearing officer, at a rate consistent with the
12    hearing officer's published professional fees. If the
13    hearing officer is mutually selected by the parties, then
14    the board and the teacher or their legal representatives
15    shall each pay 50% of the fees and costs and any
16    supplemental allowance to which they agree. If the hearing
17    officer is selected by the board, then the board shall pay
18    100% of the hearing officer's fees and costs. The fees and
19    costs must be paid to the hearing officer within 14 days
20    after the board and the teacher or their legal
21    representatives receive the hearing officer's decision set
22    forth in paragraph (7) of this subsection (d).
23        (6) The teacher is required to answer the bill of
24    particulars and aver affirmative matters in his or her
25    defense, and the time for initially doing so and the time
26    for updating such answer and defenses after pre-hearing

 

 

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1    discovery must be set by the hearing officer. The State
2    Board of Education shall promulgate rules so that each
3    party has a fair opportunity to present its case and to
4    ensure that the dismissal process proceeds in a fair and
5    expeditious manner. These rules shall address, without
6    limitation, discovery and hearing scheduling conferences;
7    the teacher's initial answer and affirmative defenses to
8    the bill of particulars and the updating of that
9    information after pre-hearing discovery; provision for
10    written interrogatories and requests for production of
11    documents; the requirement that each party initially
12    disclose to the other party and then update the disclosure
13    no later than 10 calendar days prior to the commencement of
14    the hearing, the names and addresses of persons who may be
15    called as witnesses at the hearing, a summary of the facts
16    or opinions each witness will testify to, and all other
17    documents and materials, including information maintained
18    electronically, relevant to its own as well as the other
19    party's case (the hearing officer may exclude witnesses and
20    exhibits not identified and shared, except those offered in
21    rebuttal for which the party could not reasonably have
22    anticipated prior to the hearing); pre-hearing discovery
23    and preparation, including provision for written
24    interrogatories and requests for production of documents,
25    provided that discovery depositions are prohibited; the
26    conduct of the hearing; the right of each party to be

 

 

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1    represented by counsel, the offer of evidence and witnesses
2    and the cross-examination of witnesses; the authority of
3    the hearing officer to issue subpoenas and subpoenas duces
4    tecum, provided that the hearing officer may limit the
5    number of witnesses to be subpoenaed on behalf of each
6    party to no more than 7; the length of post-hearing briefs;
7    and the form, length, and content of hearing officers'
8    decisions. The hearing officer shall hold a hearing and
9    render a final decision for dismissal pursuant to Article
10    24A of this Code or shall report to the school board
11    findings of fact and a recommendation as to whether or not
12    the teacher must be dismissed for conduct. The hearing
13    officer shall commence the hearing within 75 days and
14    conclude the hearing within 120 days after being selected
15    as the hearing officer, provided that the hearing officer
16    may modify these timelines upon the showing of good cause
17    or mutual agreement of the parties. Good cause for the
18    purpose of this subsection (d) shall mean the illness or
19    otherwise unavoidable emergency of the teacher, district
20    representative, their legal representatives, the hearing
21    officer, or an essential witness as indicated in each
22    party's pre-hearing submission. In a dismissal hearing
23    pursuant to Article 24A of this Code, the hearing officer
24    shall consider and give weight to all of the teacher's
25    evaluations written pursuant to Article 24A that are
26    relevant to the issues in the hearing.

 

 

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1        Each party shall have no more than 3 days to present
2    its case, unless extended by the hearing officer to enable
3    a party to present adequate evidence and testimony,
4    including due to the other party's cross-examination of the
5    party's witnesses, for good cause or by mutual agreement of
6    the parties. The State Board of Education shall define in
7    rules the meaning of "day" for such purposes. All testimony
8    at the hearing shall be taken under oath administered by
9    the hearing officer. The hearing officer shall cause a
10    record of the proceedings to be kept and shall employ a
11    competent reporter to take stenographic or stenotype notes
12    of all the testimony. The costs of the reporter's
13    attendance and services at the hearing shall be paid by the
14    party or parties who are responsible for paying the fees
15    and costs of the hearing officer. Either party desiring a
16    transcript of the hearing shall pay for the cost thereof.
17    Any post-hearing briefs must be submitted by the parties by
18    no later than 21 days after a party's receipt of the
19    transcript of the hearing, unless extended by the hearing
20    officer for good cause or by mutual agreement of the
21    parties.
22        (7) The hearing officer shall, within 30 days from the
23    conclusion of the hearing or closure of the record,
24    whichever is later, make a decision as to whether or not
25    the teacher shall be dismissed pursuant to Article 24A of
26    this Code or report to the school board findings of fact

 

 

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1    and a recommendation as to whether or not the teacher shall
2    be dismissed for cause and shall give a copy of the
3    decision or findings of fact and recommendation to both the
4    teacher and the school board. If a hearing officer fails
5    without good cause, specifically provided in writing to
6    both parties and the State Board of Education, to render a
7    decision or findings of fact and recommendation within 30
8    days after the hearing is concluded or the record is
9    closed, whichever is later, the parties may mutually agree
10    to select a hearing officer pursuant to the alternative
11    procedure, as provided in this Section, to rehear the
12    charges heard by the hearing officer who failed to render a
13    decision or findings of fact and recommendation or to
14    review the record and render a decision. If any hearing
15    officer fails without good cause, specifically provided in
16    writing to both parties and the State Board of Education,
17    to render a decision or findings of fact and recommendation
18    within 30 days after the hearing is concluded or the record
19    is closed, whichever is later, the hearing officer shall be
20    removed from the master list of hearing officers maintained
21    by the State Board of Education for not more than 24
22    months. The parties and the State Board of Education may
23    also take such other actions as it deems appropriate,
24    including recovering, reducing, or withholding any fees
25    paid or to be paid to the hearing officer. If any hearing
26    officer repeats such failure, he or she must be permanently

 

 

10000HB1257ham001- 26 -LRB100 02965 MLM 25248 a

1    removed from the master list maintained by the State Board
2    of Education and may not be selected by parties through the
3    alternative selection process under this paragraph (7) or
4    paragraph (4) of this subsection (d). The board shall not
5    lose jurisdiction to discharge a teacher if the hearing
6    officer fails to render a decision or findings of fact and
7    recommendation within the time specified in this Section.
8    If the decision of the hearing officer for dismissal
9    pursuant to Article 24A of this Code or of the school board
10    for dismissal for cause is in favor of the teacher, then
11    the hearing officer or school board shall order
12    reinstatement to the same or substantially equivalent
13    position and shall determine the amount for which the
14    school board is liable, including, but not limited to, loss
15    of income and benefits.
16        (8) The school board, within 45 days after receipt of
17    the hearing officer's findings of fact and recommendation
18    as to whether (i) the conduct at issue occurred, (ii) the
19    conduct that did occur was remediable, and (iii) the
20    proposed dismissal should be sustained, shall issue a
21    written order as to whether the teacher must be retained or
22    dismissed for cause from its employ. The school board's
23    written order shall incorporate the hearing officer's
24    findings of fact, except that the school board may modify
25    or supplement the findings of fact if, in its opinion, the
26    findings of fact are against the manifest weight of the

 

 

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1    evidence.
2        If the school board dismisses the teacher
3    notwithstanding the hearing officer's findings of fact and
4    recommendation, the school board shall make a conclusion in
5    its written order, giving its reasons therefor, and such
6    conclusion and reasons must be included in its written
7    order. The failure of the school board to strictly adhere
8    to the timelines contained in this Section shall not render
9    it without jurisdiction to dismiss the teacher. The school
10    board shall not lose jurisdiction to discharge the teacher
11    for cause if the hearing officer fails to render a
12    recommendation within the time specified in this Section.
13    The decision of the school board is final, unless reviewed
14    as provided in paragraph (9) of this subsection (d).
15        If the school board retains the teacher, the school
16    board shall enter a written order stating the amount of
17    back pay and lost benefits, less mitigation, to be paid to
18    the teacher, within 45 days after its retention order.
19    Should the teacher object to the amount of the back pay and
20    lost benefits or amount mitigated, the teacher shall give
21    written objections to the amount within 21 days. If the
22    parties fail to reach resolution within 7 days, the dispute
23    shall be referred to the hearing officer, who shall
24    consider the school board's written order and teacher's
25    written objection and determine the amount to which the
26    school board is liable. The costs of the hearing officer's

 

 

10000HB1257ham001- 28 -LRB100 02965 MLM 25248 a

1    review and determination must be paid by the board.
2        (9) The decision of the hearing officer pursuant to
3    Article 24A of this Code or of the school board's decision
4    to dismiss for cause is final unless reviewed as provided
5    in Section 24-16 of this Act. If the school board's
6    decision to dismiss for cause is contrary to the hearing
7    officer's recommendation, the court on review shall give
8    consideration to the school board's decision and its
9    supplemental findings of fact, if applicable, and the
10    hearing officer's findings of fact and recommendation in
11    making its decision. In the event such review is
12    instituted, the school board shall be responsible for
13    preparing and filing the record of proceedings, and such
14    costs associated therewith must be divided equally between
15    the parties.
16        (10) If a decision of the hearing officer for dismissal
17    pursuant to Article 24A of this Code or of the school board
18    for dismissal for cause is adjudicated upon review or
19    appeal in favor of the teacher, then the trial court shall
20    order reinstatement and shall remand the matter to the
21    school board with direction for entry of an order setting
22    the amount of back pay, lost benefits, and costs, less
23    mitigation. The teacher may challenge the school board's
24    order setting the amount of back pay, lost benefits, and
25    costs, less mitigation, through an expedited arbitration
26    procedure, with the costs of the arbitrator borne by the

 

 

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1    school board.
2        Any teacher who is reinstated by any hearing or
3    adjudication brought under this Section shall be assigned
4    by the board to a position substantially similar to the one
5    which that teacher held prior to that teacher's suspension
6    or dismissal.
7        (11) Subject to any later effective date referenced in
8    this Section for a specific aspect of the dismissal
9    process, the changes made by Public Act 97-8 shall apply to
10    dismissals instituted on or after September 1, 2011. Any
11    dismissal instituted prior to September 1, 2011 must be
12    carried out in accordance with the requirements of this
13    Section prior to amendment by Public Act 97-8.
14    (e) Nothing contained in this amendatory Act of the 98th
15General Assembly repeals, supersedes, invalidates, or
16nullifies final decisions in lawsuits pending on the effective
17date of this amendatory Act of the 98th General Assembly in
18Illinois courts involving the interpretation of Public Act
1997-8.
20(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,
21eff. 7-20-15.)
 
22    (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
23    Sec. 24A-4. Development of evaluation plan.
24    (a) As used in this and the succeeding Sections, "teacher"
25means any and all school district employees regularly required

 

 

10000HB1257ham001- 30 -LRB100 02965 MLM 25248 a

1to be certified under laws relating to the certification of
2teachers. Each school district shall develop, in cooperation
3with its teachers or, where applicable, the exclusive
4bargaining representatives of its teachers, an evaluation plan
5for all teachers.
6    (b) By no later than the applicable implementation date,
7each school district shall, in good faith cooperation with its
8teachers or, where applicable, the exclusive bargaining
9representatives of its teachers, incorporate the use of data
10and indicators on student growth as a significant factor in
11rating teaching performance, into its evaluation plan for all
12teachers, both those teachers in contractual continued service
13and those teachers not in contractual continued service. The
14plan shall at least meet the standards and requirements for
15student growth and teacher evaluation established under
16Section 24A-7, and specifically describe how student growth
17data and indicators will be used as part of the evaluation
18process, how this information will relate to evaluation
19standards, the assessments or other indicators of student
20performance that will be used in measuring student growth and
21the weight that each will have, the methodology that will be
22used to measure student growth, and the criteria other than
23student growth that will be used in evaluating the teacher and
24the weight that each will have.
25    To incorporate the use of data and indicators of student
26growth as a significant factor in rating teacher performance

 

 

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1into the evaluation plan, the district shall use a joint
2committee composed of equal representation selected by the
3district and its teachers or, where applicable, the exclusive
4bargaining representative of its teachers. If, within 180
5calendar days of the committee's first meeting, the committee
6does not reach agreement on the plan, then the district shall
7implement the model evaluation plan established under Section
824A-7 with respect to the use of data and indicators on student
9growth as a significant factor in rating teacher performance.
10    Nothing in this subsection (b) shall make decisions on the
11use of data and indicators on student growth as a significant
12factor in rating teaching performance mandatory subjects of
13bargaining under the Illinois Educational Labor Relations Act
14that are not currently mandatory subjects of bargaining under
15the Act.
16    The provisions of the Open Meetings Act shall not apply to
17meetings of a joint committee formed under this subsection (b).
18    (c) Notwithstanding anything to the contrary in subsection
19(b) of this Section, if the joint committee referred to in that
20subsection does not reach agreement on the plan within 90
21calendar days after the committee's first meeting, a school
22district having 500,000 or more inhabitants shall not be
23required to implement any aspect of the model evaluation plan
24and may implement its last best proposal.
25(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
2696-1423, eff. 8-3-10.)
 

 

 

10000HB1257ham001- 32 -LRB100 02965 MLM 25248 a

1    Section 10. The Illinois Educational Labor Relations Act is
2amended by changing Section 18 as follows:
 
3    (115 ILCS 5/18)  (from Ch. 48, par. 1718)
4    Sec. 18. Meetings. The provisions of the Open Meetings Act
5shall not apply to collective bargaining negotiations,
6including negotiating team strategy sessions, and grievance
7arbitrations conducted pursuant to this Act.
8(Source: P.A. 83-1014.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".