Illinois General Assembly - Full Text of SB0317
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Full Text of SB0317  93rd General Assembly

SB0317sam001 93rd General Assembly


093_SB0317sam001











                                     LRB093 07187 NHT 12330 a

 1                    AMENDMENT TO SENATE BILL 317

 2        AMENDMENT NO.     .  Amend Senate Bill 317  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  School  Code  is  amended by changing
 5    Section 24-11 as follows:

 6        (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
 7        Sec. 24-11.  Boards  of  Education  -  Boards  of  School
 8    Inspectors  - Contractual continued service.  As used in this
 9    and the succeeding Sections of this Article:
10        "Teacher" means any  or  all  school  district  employees
11    regularly required to be certified under laws relating to the
12    certification of teachers.
13        "Board"  means board of directors, board of education, or
14    board of school inspectors, as the case may be.
15        "School term" means that portion of the school year, July
16    1 to the following June 30, when school is in actual session.
17        This Section and Sections 24-12  through  24-16  of  this
18    Code  Article apply only to school districts having less than
19    500,000 inhabitants.
20        Any teacher who has been employed in any  district  as  a
21    full-time  teacher for a probationary period of 2 consecutive
22    school terms shall enter upon contractual  continued  service
 
                            -2-      LRB093 07187 NHT 12330 a
 1    unless given written notice of dismissal stating the specific
 2    reason  therefor, by certified mail, return receipt requested
 3    by the employing board at least 45 days  before  the  end  of
 4    such  period; except that for a teacher who is first employed
 5    as a full-time teacher by  a  school  district  on  or  after
 6    January  1,  1998  and  who  has not before that date already
 7    entered upon contractual continued service in that  district,
 8    the  probationary  period shall be 4 consecutive school terms
 9    before the teacher shall  enter  upon  contractual  continued
10    service.    For   the   purpose  of  determining  contractual
11    continued service, the first probationary year shall  be  any
12    full-time  employment  from  a date before November 1 through
13    the end of the school year.  If, however, a teacher  who  was
14    first  employed  prior  to  January  1,  1998 has not had one
15    school term  of  full-time  teaching  experience  before  the
16    beginning  of  a  probationary period of 2 consecutive school
17    terms, the employing board  may  at  its  option  extend  the
18    probationary  period for one additional school term by giving
19    the teacher written notice by certified mail, return  receipt
20    requested,  at  least  45  days  before the end of the second
21    school term of the  period  of  2  consecutive  school  terms
22    referred  to  above.   This notice must state the reasons for
23    the one  year  extension  and  must  outline  the  corrective
24    actions that the teacher must take to satisfactorily complete
25    probation.   The  changes made by this amendatory Act of 1998
26    are declaratory of existing law.
27        Any full-time teacher who is not completing the last year
28    of  the  probationary  period  described  in  the   preceding
29    paragraph,  or  any teacher employed on a full-time basis not
30    later than January  1  of  the  school  term,  shall  receive
31    written  notice  from  the  employing  board at least 45 days
32    before the end of any school term whether or not he  will  be
33    re-employed for the following school term. If the board fails
34    to give such notice, the employee shall be deemed reemployed,
 
                            -3-      LRB093 07187 NHT 12330 a
 1    and  not later than the close of the then current school term
 2    the board shall issue a regular contract to the  employee  as
 3    though the board had reemployed him in the usual manner.
 4        Contractual  continued  service  shall continue in effect
 5    the terms and provisions of the  contract  with  the  teacher
 6    during  the  last  school  term  of  the probationary period,
 7    subject to  this  Act  and  the  lawful  regulations  of  the
 8    employing  board. This Section and succeeding Sections do not
 9    modify any existing power of the board except with respect to
10    the procedure of the discharge of a teacher and reductions in
11    salary as hereinafter provided. Contractual continued service
12    status shall not restrict the power of the board to  transfer
13    a  teacher  to  a  position which the teacher is qualified to
14    fill  or  to  make  such  salary  adjustments  as  it   deems
15    desirable,  but  unless  reductions  in salary are uniform or
16    based upon some reasonable classification, any teacher  whose
17    salary is reduced shall be entitled to a notice and a hearing
18    as  hereinafter provided in the case of certain dismissals or
19    removals.
20        The employment of any teacher in a program of  a  special
21    education  joint agreement established under Section 3-15.14,
22    10-22.31 or 10-22.31a shall  be  under  this  and  succeeding
23    Sections  of  this  Article.   For  purposes of attaining and
24    maintaining  contractual  continued  service  and   computing
25    length  of  continuing service as referred to in this Section
26    and Section 24-12, employment in a special educational  joint
27    program  shall  be  deemed  a  continuation  of  all previous
28    certificated  employment  of  such  teacher  for  such  joint
29    agreement whether the employer of the teacher was  the  joint
30    agreement,   the  regional  superintendent,  or  one  of  the
31    participating districts in the joint agreement.
32        Any teacher employed after July 1, 1987  as  a  full-time
33    teacher  in a program of a special education joint agreement,
34    whether the program is operated by the joint agreement  or  a
 
                            -4-      LRB093 07187 NHT 12330 a
 1    member  district  on  behalf  of  the  joint agreement, for a
 2    probationary period of two consecutive years shall enter upon
 3    contractual  continued  service  in  all  of   the   programs
 4    conducted  by  such  joint  agreement  which  the  teacher is
 5    legally qualified to hold; except that for a teacher  who  is
 6    first  employed on or after January 1, 1998 in a program of a
 7    special education joint agreement and who has not before that
 8    date already entered upon contractual  continued  service  in
 9    all of the programs conducted by the joint agreement that the
10    teacher is legally qualified to hold, the probationary period
11    shall  be  4 consecutive years before the teacher enters upon
12    contractual continued service in all of those  programs.   In
13    the  event  of  a  reduction  in  the  number  of programs or
14    positions in the joint agreement, the teacher on  contractual
15    continued  service  shall  be  eligible for employment in the
16    joint agreement programs for which  the  teacher  is  legally
17    qualified in order of greater length of continuing service in
18    the   joint   agreement   unless  an  alternative  method  of
19    determining the sequence of dismissal  is  established  in  a
20    collective   bargaining  agreement.   In  the  event  of  the
21    dissolution of a joint agreement, the teacher on  contractual
22    continued  service who is legally qualified shall be assigned
23    to any comparable position in  a  member  district  currently
24    held  by  a  teacher  who  has  not  entered upon contractual
25    continued service or held by a teacher who has  entered  upon
26    contractual   continued   service   with  shorter  length  of
27    contractual continued service.
28        The governing  board  of  the  joint  agreement,  or  the
29    administrative  district, if so authorized by the articles of
30    agreement of the joint agreement, rather than  the  board  of
31    education  of a school district, may carry out employment and
32    termination actions including dismissals under  this  Section
33    and Section 24-12.
34        For  purposes  of  this  and  succeeding Sections of this
 
                            -5-      LRB093 07187 NHT 12330 a
 1    Article, a program of a special educational  joint  agreement
 2    shall be defined as instructional, consultative, supervisory,
 3    administrative,  diagnostic,  and  related services which are
 4    managed by the special educational joint  agreement  designed
 5    to  service  two  or  more districts which are members of the
 6    joint agreement.
 7        Each  joint  agreement  shall  be  required  to  post  by
 8    February 1, a list of all its employees in order of length of
 9    continuing  service  in  the  joint  agreement,   unless   an
10    alternative  method of determining a sequence of dismissal is
11    established in an applicable collective bargaining agreement.
12        The employment of any  teacher  in  a  special  education
13    program  authorized by Section 14-1.01 through 14-14.01, or a
14    joint   educational   program   established   under   Section
15    10-22.31a, shall be under this and the succeeding Sections of
16    this  Article,  and  such  employment  shall  be   deemed   a
17    continuation  of  the  previous employment of such teacher in
18    any  of  the  participating  districts,  regardless  of   the
19    participation  of other districts in the program. Any teacher
20    employed as  a  full-time  teacher  in  a  special  education
21    program prior to September 23, 1987 in which 2 or more school
22    districts   participate   for  a  probationary  period  of  2
23    consecutive years  shall  enter  upon  contractual  continued
24    service  in  each  of the participating districts, subject to
25    this and the succeeding Sections of this Article, and in  the
26    event of the termination of the program shall be eligible for
27    any  vacant  position in any of such districts for which such
28    teacher is qualified.
29    (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)".