093_HB2106eng

 
HB2106 Engrossed                     LRB093 04792 NHT 04848 b

 1        AN ACT relating to education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

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