Illinois Compiled Statutes
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SCHOOLS105 ILCS 5/prec. Sec. 34-83
(105 ILCS 5/) School Code.
(105 ILCS 5/prec. Sec. 34-83 heading)
TEACHERS--EMPLOYMENT AND RETIREMENT
105 ILCS 5/34-83
(105 ILCS 5/34-83)
(from Ch. 122, par. 34-83)
Board of examiners - Certificates - Examinations.
A board of 3 examiners shall examine all applicants required to hold
certificates to teach and the board of education shall issue gratuitously
to those who pass a required test of character, scholarship and general
fitness, such certificates to teach as they are found entitled to receive.
No person may be granted or continue to hold a teaching certificate who has
knowingly altered or misrepresented his or her teaching
order to acquire the certificate. Any other certificate held by such
person may be suspended or revoked by the board of examiners, depending
upon the severity of the alteration or misrepresentation.
The board of examiners shall consist of the general superintendent of schools
and 2 persons approved and appointed by
the board of education upon the nomination of the general superintendent
of schools. The board of
examiners shall hold such examinations as the board of education may
prescribe, upon the recommendation of the general superintendent of schools
and shall prepare all necessary eligible lists, which shall be kept in the
office of the general superintendent of schools and be open to public
inspection. Members of the board of examiners shall hold office for a term
of 2 years.
The board of examiners created herein is abolished effective July 1,
1988. Commencing July 1, 1988, all new teachers employed by the
board shall hold teaching certificates issued by the State
Teacher Certification Board under Article 21. The State Board of Education
in consultation with the board of examiners
State Teacher Certification Board shall develop procedures
whereby teachers currently holding valid certificates issued by the board
of examiners, and all teachers employed by the board
after August 1,
1985 and prior to July 1, 1988, shall no later than July 1, 1988 exchange
certificates issued by the board of examiners for comparable certificates
issued by the State Teacher Certification Board. On the exchange of a
certificate on or before July 1, 1988, the State Teacher Certification
Board shall not require any additional qualifications for the issuance of
the comparable certificate.
If prior to July 1, 1988 the board of examiners has issued types of
teaching certificates which
are not comparable to the types of certificates issued by the State Teacher
Certification Board, such certificates shall continue to be valid for and
shall be renewable by the holders thereof, and no additional qualifications
shall be required by the State Teacher Certification Board for any such
renewal; however, no individual who received a letter of
continuing eligibility shall be issued an Initial or Standard Teaching
Certificate, as provided in Section 21-2 of this Code,
unless that individual also holds
such a valid and renewable certificate.
The State Board of Education shall report by July 1, 1986, to the
Illinois General Assembly on the procedures for exchange it has developed
in consultation with the board of examiners and the State Teacher
Certification Board as required in this Section.
(Source: P.A. 91-102, eff. 7-12-99.)
105 ILCS 5/34-83.1
(105 ILCS 5/34-83.1)
(from Ch. 122, par. 34-83.1)
Residency within any school district
governed by this Article, if not required at the time of employment as a
qualification of employment, shall not be considered in determining the
compensation of a teacher or whether to retain, promote, assign or transfer
(Source: P.A. 82-381.)
105 ILCS 5/34-84
(105 ILCS 5/34-84)
(from Ch. 122, par. 34-84)
Appointments and promotions of teachers.
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full-time teachers in the
public school system of the district before January 1, 1998 and 4 years with
respect to probationary employees who are first employed as full-time teachers
in the public school system of the district on or after January 1, 1998,
during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools and after which period
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34-85.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who receives ratings of "excellent" during his or her first 3 school terms of full-time service, the probationary period shall be 3 school terms of full-time service.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who had previously entered into contractual continued service in another school district in this State or a program of a special education joint agreement in this State, as defined in Section 24-11 of this Code, the probationary period shall be 2 school terms of full-time service, provided that (i) the teacher voluntarily resigned or was honorably dismissed from the prior district or program within the 3-month period preceding his or her appointment date, (ii) the teacher's last 2 ratings in the prior district or program were at least "proficient" and were issued after the prior district's or program's PERA implementation date, as defined in Section 24-11 of this Code, and (iii) the teacher receives ratings of "excellent" during his or her first 2 school terms of full-time service.
For a probationary-appointed teacher in full-time service who is appointed on or after July 1, 2013 and who has not entered into contractual continued service after 2 or 3 school terms of full-time service as provided in this Section, the probationary period shall be 4 school terms of full-time service, provided that the teacher receives a rating of at least "proficient" in the last school term and a rating of at least "proficient" in either the second or third school term.
As used in this Section, "school term" means the school term established by the board pursuant to Section 10-19 of this Code, and "full-time service" means the teacher has actually worked at least 150 days during the school term. As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals.
There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
(Source: P.A. 97-8, eff. 6-13-11.)
105 ILCS 5/34-84a
(105 ILCS 5/34-84a)
(from Ch. 122, par. 34-84a)
Maintenance of discipline.
Subject to the
limitations of all policies established or adopted under Section
14-8.05, teachers, other certificated educational employees, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student shall maintain discipline in
the schools, including school grounds which are owned or leased by the
board and used for school purposes and activities.
In all matters
relating to the discipline in and conduct of the schools and the school
children, they stand in the relation of parents and guardians to the
pupils. This relationship shall extend to all activities connected
with the school program, including all athletic and extracurricular
programs, and may be exercised at any time for the
safety and supervision of the pupils in the absence of their parents
Nothing in this Section affects the power of the board
to establish rules with respect to discipline, except that the rules of
the board must provide, subject to the limitations of all policies
established or adopted under Section 14-8.05,
that a teacher, other certificated employee, and any other person, whether or
not a certificated employee, providing a related service for or with respect to
a student may
use reasonable force as needed to maintain safety for the other students,
shall provide that a teacher may remove a student from the classroom
for disruptive behavior, and
must include provisions which provide due process to students.
(Source: P.A. 89-184, eff. 7-19-95.)
105 ILCS 5/34-84a.1
(105 ILCS 5/34-84a.1)
(from Ch. 122, par. 34-84a.1)
Principals shall report incidents of intimidation.
principal of each attendance center shall promptly notify and report to the
local law enforcement authorities for inclusion in the Department of State
Police's Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged incident of
intimidation which is reported to him or her, either orally or in writing,
by any pupil or by any teacher or other certificated or non-certificated
personnel employed at the attendance center. "Intimidation" shall have the
meaning ascribed to it by Section 12-6 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
105 ILCS 5/34-84b
(105 ILCS 5/34-84b)
(from Ch. 122, par. 34-84b)
Conviction of sex or narcotics offense, first degree murder,
attempted first degree murder, or Class X felony as grounds for
(a) Whenever the holder of any certificate issued by the board
of education has been convicted of any sex offense or narcotics offense
as defined in this Section, the board of education shall forthwith suspend
the certificate. If the conviction is reversed and the holder is acquitted
of the offense in a new trial or the charges against him are dismissed,
the board shall forthwith terminate the suspension of the certificate.
When the conviction becomes final, the board shall forthwith revoke the
certificate. "Sex offense" as used in this Section means any one or more
of the following offenses: (1) any offense defined in Sections 11-6,
11-9, and 11-30, Sections
11-14 through 11-21, inclusive, and Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-15 and 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012; (2) any attempt to commit any of the foregoing
offenses, and (3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been punishable
as one or more of the foregoing offenses. "Narcotics offense" as used in
this Section means any one or more of the following offenses: (1) any offense
defined in the Cannabis Control Act except those defined in Sections 4(a),
4(b) and 5(a) of that Act and any offense for which the holder of any
is placed on probation under the provisions of Section 10 of that Act and
fulfills the terms and conditions of probation as may be required by the
court; (2) any offense defined in the Illinois
Controlled Substances Act except any offense for which the holder of any
certificate is placed on probation under the provisions of Section 410 of
that Act and fulfills the terms and conditions of probation as may be required
by the court; (3) any offense defined in the Methamphetamine Control and Community Protection Act except any offense for which the holder of any certificate is placed on probation under the provision of Section 70 of that Act and fulfills the terms and conditions of probation as may be required by the court; (4) any attempt to commit any of the foregoing
offenses; and (5) any offense committed or attempted in any other state
or against the laws of the United States which, if committed or attempted
in this State, would have been punishable as one or more of the foregoing
(b) Whenever the holder of any certificate issued by the board of
education or pursuant to Article 21 or any other provisions of the School Code
has been convicted of first degree
murder, attempted first degree murder, or a
Class X felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the conviction is
reversed and the holder is acquitted of that offense in a new trial or the
charges that he or she committed that offense are dismissed, the suspending
authority shall forthwith terminate the suspension of the certificate. When
the conviction becomes final, the State Superintendent of Education shall
forthwith revoke the certificate. The stated offenses of "first degree
murder", "attempted first degree murder", and "Class X felony" referred to in
this Section include any offense committed in another state that, if committed
in this State, would have been punishable as any one of the stated offenses.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
105 ILCS 5/34-84.1
(105 ILCS 5/34-84.1)
(from Ch. 122, par. 34-84.1)
Teachers employed in Department of Defense overseas dependents' schools.
By mutual agreement of a teacher and the board of education, the board may,
but is not required to, grant the teacher a leave of absence to accept
employment in a Department of Defense overseas dependents' school. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his permanent status under this Act, and (b) to continue
receipt, on the same basis as if he were teaching in the school system
subject to the board of education, of service credit earned for
requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
A person employed to replace a teacher making the election provided for
in this Section does not acquire permanent status as a teacher under this
(Source: Laws 1967, p. 1999.)
105 ILCS 5/34-85
(105 ILCS 5/34-85)
(from Ch. 122, par. 34-85)
Removal for cause; notice and hearing; suspension.
teacher employed by the board of education shall (after serving the
probationary period specified in Section 34-84) be removed
except for cause. Teachers (who have completed the probationary period specified in Section 34-84 of this Code) shall be removed for cause in accordance with the procedures set forth in this Section or, at the board's option, the procedures set forth in Section 24-16.5 of this Code or such other procedures established in an agreement entered into between the board and the exclusive representative of the district's teachers under Section 34-85c of this Code for teachers (who have completed the probationary period specified in Section 34-84 of this Code) assigned to schools identified in that agreement. No principal employed by the board of education shall be
removed during the term of his or her performance contract except for
cause, which may include but is not limited to the principal's repeated
failure to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the performance
contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes that may be deemed to be remediable, the teacher or principal must be given reasonable warning in writing, stating specifically the causes that, if not removed, may result in charges; however, no such written warning is required if the causes have been the subject of a remediation plan pursuant to Article 24A of this Code or if the board and the exclusive representative of the district's teachers have entered into an agreement pursuant to Section 34-85c of this Code, pursuant to an alternative system of remediation. No written warning shall be required for conduct on the part of a teacher or principal that is cruel, immoral, negligent, or criminal or that in any way causes psychological or physical harm or injury to a student, as that conduct is deemed to be irremediable. No written warning shall be required for a material breach of the uniform principal performance contract, as that conduct is deemed to be irremediable; provided that not less than 30 days before the vote of the local school council to seek the dismissal of a principal for a material breach of a uniform principal performance contract, the local school council shall specify the nature of the alleged breach in writing and provide a copy of it to the principal.
(1) To initiate dismissal proceedings against a
teacher or principal, the general superintendent must first approve written charges and specifications against the teacher or principal. A local school council may direct the general superintendent to approve written charges against its principal on behalf of the Council upon the vote of 7 members of the Council. The general superintendent must approve those charges within 45 calendar days or provide a written reason for not approving those charges. A written notice of those charges, including specifications, shall be served upon the teacher or principal within 10 business days of the approval of the charges. Any written notice sent on or after July 1, 2012 shall also inform the teacher or principal of the right to request a hearing before a mutually selected hearing officer, with the cost of the hearing officer split equally between the teacher or principal and the board, or a hearing before a qualified hearing officer chosen by the general superintendent, with the cost of the hearing officer paid by the board. If the teacher or principal cannot be found upon diligent inquiry, such charges may be served upon him by mailing a copy thereof in a sealed envelope by prepaid certified mail, return receipt requested, to the teacher's or principal's last known address. A return receipt showing delivery to such address within 20 calendar days after the date of the approval of the charges shall constitute proof of service.
(2) No hearing upon the charges is required unless
the teacher or principal within 17 calendar days after receiving notice requests in writing of the general superintendent that a hearing be scheduled. Pending the hearing of the charges, the general superintendent or his or her designee may suspend the teacher or principal charged without pay in accordance with rules prescribed by the board, provided that if the teacher or principal charged is not dismissed based on the charges, he or she must be made whole for lost earnings, less setoffs for mitigation.
(3) The board shall maintain a list of at least 9
qualified hearing officers who will conduct hearings on charges and specifications. The list must be developed in good faith consultation with the exclusive representative of the board's teachers and professional associations that represent the board's principals. The list may be revised on July 1st of each year or earlier as needed. To be a qualified hearing officer, the person must (i) be accredited by a national arbitration organization and have had a minimum of 5 years of experience as an arbitrator in cases involving labor and employment relations matters between employers and employees or their exclusive bargaining representatives and (ii) beginning September 1, 2012, have participated in training provided or approved by the State Board of Education for teacher dismissal hearing officers so that he or she is familiar with issues generally involved in evaluative and non-evaluative dismissals.
Within 5 business days after receiving the notice of
request for a hearing, the general superintendent and the teacher or principal or their legal representatives shall alternately strike one name from the list until only one name remains. Unless waived by the teacher, the teacher or principal shall have the right to proceed first with the striking. If the teacher or principal fails to participate in the striking process, the general superintendent shall either select the hearing officer from the list developed pursuant to this paragraph (3) or select another qualified hearing officer from the master list maintained by the State Board of Education pursuant to subsection (c) of Section 24-12 of this Code.
(4) If the notice of dismissal was sent to the
teacher or principal before July 1, 2012, the fees and costs for the hearing officer shall be paid by the State Board of Education. If the notice of dismissal was sent to the teacher or principal on or after July 1, 2012, the hearing officer's fees and costs must be paid as follows in this paragraph (4). The fees and permissible costs for the hearing officer shall be determined by the State Board of Education. If the hearing officer is mutually selected by the parties through alternate striking in accordance with paragraph (3) of this subsection (a), then the board and the teacher or their legal representative shall each pay 50% of the fees and costs and any supplemental allowance to which they agree. If the hearing officer is selected by the general superintendent without the participation of the teacher or principal, then the board shall pay 100% of the hearing officer fees and costs. The hearing officer shall submit for payment a billing statement to the parties that itemizes the charges and expenses and divides them in accordance with this Section.
(5) The teacher or the principal charged is required
to answer the charges and specifications and aver affirmative matters in his or her defense, and the time for doing so must be set by the hearing officer. The State Board of Education shall adopt rules so that each party has a fair opportunity to present its case and to ensure that the dismissal proceeding is concluded in an expeditious manner. The rules shall address, without limitation, the teacher or principal's answer and affirmative defenses to the charges and specifications; a requirement that each party make mandatory disclosures without request to the other party and then update the disclosure no later than 10 calendar days prior to the commencement of the hearing, including a list of the names and addresses of persons who may be called as witnesses at the hearing, a summary of the facts or opinions each witness will testify to, and all other documents and materials, including information maintained electronically, relevant to its own as well as the other party's case (the hearing officer may exclude witnesses and exhibits not identified and shared, except those offered in rebuttal for which the party could not reasonably have anticipated prior to the hearing); pre-hearing discovery and preparation, including provision for written interrogatories and requests for production of documents, provided that discovery depositions are prohibited; the conduct of the hearing; the right of each party to be represented by counsel, the offer of evidence and witnesses and the cross-examination of witnesses; the authority of the hearing officer to issue subpoenas and subpoenas duces tecum, provided that the hearing officer may limit the number of witnesses to be subpoenaed in behalf of each party to no more than 7; the length of post-hearing briefs; and the form, length, and content of hearing officers' reports and recommendations to the general superintendent.
The hearing officer shall commence the hearing within
75 calendar days and conclude the hearing within 120 calendar days after being selected by the parties as the hearing officer, provided that these timelines may be modified upon the showing of good cause or mutual agreement of the parties. Good cause for the purposes of this paragraph (5) shall mean the illness or otherwise unavoidable emergency of the teacher, district representative, their legal representatives, the hearing officer, or an essential witness as indicated in each party's pre-hearing submission. In a dismissal hearing, the hearing officer shall consider and give weight to all of the teacher's evaluations written pursuant to Article 24A that are relevant to the issues in the hearing. The teacher or principal has the privilege of being present at the hearing with counsel and of cross-examining witnesses and may offer evidence and witnesses and present defenses to the charges. Each party shall have no more than 3 days to present its case, unless extended by the hearing officer to enable a party to present adequate evidence and testimony, including due to the other party's cross-examination of the party's witnesses, for good cause or by mutual agreement of the parties. The State Board of Education shall define in rules the meaning of "day" for such purposes. All testimony at the hearing shall be taken under oath administered by the hearing officer. The hearing officer shall cause a record of the proceedings to be kept and shall employ a competent reporter to take stenographic or stenotype notes of all the testimony. The costs of the reporter's attendance and services at the hearing shall be paid by the party or parties who are paying the fees and costs of the hearing officer. Either party desiring a transcript of the hearing shall pay for the cost thereof. At the close of the hearing, the hearing officer shall direct the parties to submit post-hearing briefs no later than 21 calendar days after receipt of the transcript. Either or both parties may waive submission of briefs.
(6) The hearing officer shall within 30 calendar days
from the conclusion of the hearing report to the general superintendent findings of fact and a recommendation as to whether or not the teacher or principal shall be dismissed and shall give a copy of the report to both the teacher or principal and the general superintendent. The State Board of Education shall provide by rule the form of the hearing officer's report and recommendation.
(7) The board, within 45 days of receipt of the
hearing officer's findings of fact and recommendation, shall make a decision as to whether the teacher or principal shall be dismissed from its employ. The failure of the board to strictly adhere to the timeliness contained herein shall not render it without jurisdiction to dismiss the teacher or principal. In the event that the board declines to dismiss the teacher or principal after review of a hearing officer's recommendation, the board shall set the amount of back pay and benefits to award the teacher or principal, which shall include offsets for interim earnings and failure to mitigate losses. The board shall establish procedures for the teacher's or principal's submission of evidence to it regarding lost earnings, lost benefits, mitigation, and offsets. The decision of the board is final unless reviewed in accordance with paragraph (8) of this subsection (a).
(8) The teacher may seek judicial review of the
board's decision in accordance with the Administrative Review Law, which is specifically incorporated in this Section, except that the review must be initiated in the Illinois Appellate Court for the First District. In the event judicial review is instituted, any costs of preparing and filing the record of proceedings shall be paid by the party instituting the review. In the event the appellate court reverses a board decision to dismiss a teacher or principal and directs the board to pay the teacher or the principal back pay and benefits, the appellate court shall remand the matter to the board to issue an administrative decision as to the amount of back pay and benefits, which shall include a calculation of the lost earnings, lost benefits, mitigation, and offsets based on evidence submitted to the board in accordance with procedures established by the board.
(b) Nothing in this Section affects the validity of removal for cause hearings
commenced prior to June 13, 2011 (the effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to dismissals instituted on or after September 1, 2011 or the effective date of Public Act 97-8, whichever is later. Any dismissal instituted prior to the effective date of these changes must be carried out in accordance with the requirements of this Section prior to amendment by Public Act 97-8.
(Source: P.A. 99-78, eff. 7-20-15.)
105 ILCS 5/34-85b
(105 ILCS 5/34-85b)
(Source: P.A. 95-510, eff. 8-28-07. Repealed by P.A. 97-8, eff. 6-13-11.)
105 ILCS 5/34-85c
(105 ILCS 5/34-85c)
Alternative procedures for teacher evaluation, remediation, and removal for cause after remediation.
(a) Notwithstanding any law to the contrary, the board and the exclusive representative of the district's teachers are hereby authorized to enter into an agreement to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations; provided, however, that no later than September 1, 2012: (i) any alternative procedures must include provisions whereby student performance data is a significant factor in teacher evaluation and (ii) teachers are rated as "excellent", "proficient", "needs improvement" or "unsatisfactory". Pursuant exclusively to that agreement, teachers assigned to schools identified in that agreement shall be subject to an alternative performance evaluation plan and remediation procedures in lieu of the plan and procedures set forth in Article 24A of this Code and alternative removal for cause standards and procedures in lieu of the removal standards and procedures set forth in Section 34-85 of this Code. To the extent that the agreement provides a teacher with an opportunity for a hearing on removal for cause before an independent hearing officer in accordance with Section 34-85 or otherwise, the hearing officer shall be governed by the alternative performance evaluation plan, remediation procedures, and removal standards and procedures set forth in the agreement in making findings of fact and a recommendation.
(b) The board and the exclusive representative of the district's teachers shall submit a certified copy of an agreement as provided under subsection (a) of this Section to the State Board of Education.
(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
105 ILCS 5/34-87
(105 ILCS 5/34-87)
(Source: Laws 1961, p. 31. Repealed by P.A. 94-1105, eff. 6-1-07.)
105 ILCS 5/34-88
(105 ILCS 5/34-88)
(from Ch. 122, par. 34-88)
District and school report cards.
The board shall, in accordance with Section 10-17a of the School Code, annually present and disseminate the school district and school report cards prepared by the State Superintendent of Education.
(Source: P.A. 97-671, eff. 1-24-12.)
105 ILCS 5/34-128
(105 ILCS 5/34-128)
(from Ch. 122, par. 34-128)
The Board shall provide free bus transportation for
every child who is a child with a mental disability who is trainable,
as defined in Article 14,
who resides at a distance of one mile or more from any school to which
he is assigned for attendance and who the State Board of Education determines
in advance requires special transportation
service in order to take advantage of special educational facilities.
The board may levy, without regard to any other legally authorized
tax and in addition to such taxes, an annual tax upon all the taxable
property in the school district at a rate not to exceed .005% of the
value, as equalized or assessed by the Department of Revenue,
that will produce an amount not to exceed the annual cost of
transportation provided in accordance with this Section. The board
shall deduct from the cost of such transportation any amount reimbursed
by the State under Article 14. Such levy is authorized in the year
following the school year in which the transportation costs were
incurred by the district.
(Source: P.A. 99-143, eff. 7-27-15.)