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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||
5 | 10-22.4 and 34-85 as follows:
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6 | (105 ILCS 5/10-22.4) (from Ch. 122, par. 10-22.4)
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7 | Sec. 10-22.4. Dismissal of teachers. To dismiss a teacher | ||||||||||||||||||||||||||||
8 | for incompetency, cruelty, negligence, immorality
or other | ||||||||||||||||||||||||||||
9 | sufficient cause, to dismiss any teacher who fails
to complete | ||||||||||||||||||||||||||||
10 | a 1-year remediation plan with a "satisfactory" or
better | ||||||||||||||||||||||||||||
11 | rating and to dismiss any teacher whenever, in its
opinion, he | ||||||||||||||||||||||||||||
12 | is not qualified to teach, or whenever, in its opinion, the
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13 | interests of the schools require it, subject, however, to the | ||||||||||||||||||||||||||||
14 | provisions of
Sections 24-10 to 24-15, inclusive. Temporary | ||||||||||||||||||||||||||||
15 | mental or physical
incapacity to perform teaching duties, as | ||||||||||||||||||||||||||||
16 | found by a medical
examination, is not a cause for dismissal.
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17 | Marriage is not a cause of removal. A teacher must be dismissed | ||||||||||||||||||||||||||||
18 | if the teacher uses profanity towards a student.
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19 | (Source: P.A. 85-248.)
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20 | (105 ILCS 5/34-85) (from Ch. 122, par. 34-85) | ||||||||||||||||||||||||||||
21 | Sec. 34-85. Removal for cause; Notice and hearing; | ||||||||||||||||||||||||||||
22 | Suspension. No teacher employed by the board of education shall |
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1 | (after serving the probationary period specified in Section | ||||||
2 | 34-84) be removed except for cause. A teacher must be removed | ||||||
3 | if the teacher uses profanity towards a student. No principal | ||||||
4 | employed by the board of education shall be removed during the | ||||||
5 | term of his or her performance contract except for cause, which | ||||||
6 | may include but is not limited to the principal's repeated | ||||||
7 | failure to implement the school improvement plan or to comply | ||||||
8 | with the provisions of the Uniform Performance Contract, | ||||||
9 | including additional criteria established by the Council for | ||||||
10 | inclusion in the performance contract pursuant to Section | ||||||
11 | 34-2.3. | ||||||
12 | The general superintendent must first approve written | ||||||
13 | charges and specifications against the teacher or principal. A | ||||||
14 | local school council may direct the general superintendent to | ||||||
15 | approve written charges against its principal on behalf of the | ||||||
16 | Council upon the vote of 7 members of the Council. The general | ||||||
17 | superintendent must approve those charges within 45 days or | ||||||
18 | provide a written reason for not approving those charges. A | ||||||
19 | written notice of those charges shall be served upon the | ||||||
20 | teacher or principal within 10 days of the approval of the | ||||||
21 | charges. If the teacher or principal cannot be found upon | ||||||
22 | diligent inquiry, such charges may be served upon him by | ||||||
23 | mailing a copy thereof in a sealed envelope by prepaid | ||||||
24 | certified mail, return receipt requested, to the teacher's or | ||||||
25 | principal's last known address. A return receipt showing | ||||||
26 | delivery to such address within 20 days after the date of the |
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1 | approval of the charges shall constitute proof of service. | ||||||
2 | No hearing upon the charges is required unless the teacher | ||||||
3 | or principal within 10 days after receiving notice requests in | ||||||
4 | writing of the general superintendent that a hearing be | ||||||
5 | scheduled, in which case the general superintendent shall | ||||||
6 | schedule a hearing on those charges before a disinterested | ||||||
7 | hearing officer on a date no less than 15 nor more than 30 days | ||||||
8 | after the approval of the charges. The general superintendent | ||||||
9 | shall forward a copy of the notice to the State Board of | ||||||
10 | Education within 5 days from the date of the approval of the | ||||||
11 | charges. Within 10 days after receiving the notice of hearing, | ||||||
12 | the State Board of Education shall provide the teacher or | ||||||
13 | principal and the general superintendent with a list of 5 | ||||||
14 | prospective, impartial hearing officers. Each person on the | ||||||
15 | list must be accredited by a national arbitration organization | ||||||
16 | and have had a minimum of 5 years of experience as an | ||||||
17 | arbitrator in cases involving labor and employment relations | ||||||
18 | matters between educational employers and educational | ||||||
19 | employees or their exclusive bargaining representatives. | ||||||
20 | The general superintendent and the teacher or principal or | ||||||
21 | their legal representatives within 3 days from receipt of the | ||||||
22 | list shall alternately strike one name from the list until only | ||||||
23 | one name remains. Unless waived by the teacher, the teacher or | ||||||
24 | principal shall have the right to proceed first with the | ||||||
25 | striking. Within 3 days of receipt of the first list provided | ||||||
26 | by the State Board of Education, the general superintendent and |
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1 | the teacher or principal or their legal representatives shall | ||||||
2 | each have the right to reject all prospective hearing officers | ||||||
3 | named on the first list and to require the State Board of | ||||||
4 | Education to provide a second list of 5 prospective, impartial | ||||||
5 | hearing officers, none of whom were named on the first list. | ||||||
6 | Within 5 days after receiving this request for a second list, | ||||||
7 | the State Board of Education shall provide the second list of 5 | ||||||
8 | prospective, impartial hearing officers. The procedure for | ||||||
9 | selecting a hearing officer from the second list shall be the | ||||||
10 | same as the procedure for the first list. Each party shall | ||||||
11 | promptly serve written notice on the other of any name stricken | ||||||
12 | from the list. If the teacher or principal fails to do so, the | ||||||
13 | general superintendent may select the hearing officer from any | ||||||
14 | name remaining on the list. The teacher or principal may waive | ||||||
15 | the hearing at any time prior to the appointment of the hearing | ||||||
16 | officer. Notice of the selection of the hearing officer shall | ||||||
17 | be given to the State Board of Education. The hearing officer | ||||||
18 | shall be notified of his selection by the State Board of | ||||||
19 | Education. A signed acceptance shall be filed with the State | ||||||
20 | Board of Education within 5 days of receipt of notice of the | ||||||
21 | selection. The State Board of Education shall notify the | ||||||
22 | teacher or principal and the board of its appointment of the | ||||||
23 | hearing officer. In the alternative to selecting a hearing | ||||||
24 | officer from the first or second list received from the State | ||||||
25 | Board of Education, the general superintendent and the teacher | ||||||
26 | or principal or their legal representatives may mutually agree |
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1 | to select an impartial hearing officer who is not on a list | ||||||
2 | received from the State Board of Education, either by direct | ||||||
3 | appointment by the parties or by using procedures for the | ||||||
4 | appointment of an arbitrator established by the Federal | ||||||
5 | Mediation and Conciliation Service or the American Arbitration | ||||||
6 | Association. The parties shall notify the State Board of | ||||||
7 | Education of their intent to select a hearing officer using an | ||||||
8 | alternative procedure within 3 days of receipt of a list of | ||||||
9 | prospective hearing officers provided by the State Board of | ||||||
10 | Education. Any person selected by the parties under this | ||||||
11 | alternative procedure for the selection of a hearing officer | ||||||
12 | shall have the same qualifications and authority as a hearing | ||||||
13 | officer selected from a list provided by the State Board of | ||||||
14 | Education. The teacher or principal may waive the hearing at | ||||||
15 | any time prior to the appointment of the hearing officer. The | ||||||
16 | State Board of Education shall promulgate uniform standards and | ||||||
17 | rules of procedure for such hearings, including reasonable | ||||||
18 | rules of discovery. | ||||||
19 | The per diem allowance for the hearing officer shall be | ||||||
20 | paid by the State Board of Education. The hearing officer shall | ||||||
21 | hold a hearing and render findings of fact and a recommendation | ||||||
22 | to the general superintendent. The teacher or principal has the | ||||||
23 | privilege of being present at the hearing with counsel and of | ||||||
24 | cross-examining witnesses and may offer evidence and witnesses | ||||||
25 | and present defenses to the charges. The hearing officer may | ||||||
26 | issue subpoenas requiring the attendance of witnesses and, at |
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1 | the request of the teacher or principal against whom a charge | ||||||
2 | is made or the general superintendent, shall issue such | ||||||
3 | subpoenas, but the hearing officer may limit the number of | ||||||
4 | witnesses to be subpoenaed in behalf of the teacher or | ||||||
5 | principal or the general superintendent to not more than 10 | ||||||
6 | each. All testimony at the hearing shall be taken under oath | ||||||
7 | administered by the hearing officer. The hearing officer shall | ||||||
8 | cause a record of the proceedings to be kept and shall employ a | ||||||
9 | competent reporter to take stenographic or stenotype notes of | ||||||
10 | all the testimony. The costs of the reporter's attendance and | ||||||
11 | services at the hearing shall be paid by the State Board of | ||||||
12 | Education. Either party desiring a transcript of the hearing | ||||||
13 | shall pay for the cost thereof. | ||||||
14 | Pending the hearing of the charges, the person charged may | ||||||
15 | be suspended in accordance with rules prescribed by the board | ||||||
16 | but such person, if acquitted, shall not suffer any loss of | ||||||
17 | salary by reason of the suspension. | ||||||
18 | Before service of notice of charges on account of causes | ||||||
19 | that may be deemed to be remediable, the teacher or principal | ||||||
20 | shall be given reasonable warning in writing, stating | ||||||
21 | specifically the causes which, if not removed, may result in | ||||||
22 | charges; however, no such written warning shall be required if | ||||||
23 | the causes have been the subject of a remediation plan pursuant | ||||||
24 | to Article 24A. No written warning shall be required for | ||||||
25 | conduct on the part of a teacher or principal which is cruel, | ||||||
26 | immoral, negligent, or criminal or which in any way causes |
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1 | psychological or physical harm or injury to a student as that | ||||||
2 | conduct is deemed to be irremediable. No written warning shall | ||||||
3 | be required for a material breach of the uniform principal | ||||||
4 | performance contract as that conduct is deemed to be | ||||||
5 | irremediable; provided however, that not less than 30 days | ||||||
6 | before the vote of the local school council to seek the | ||||||
7 | dismissal of a principal for a material breach of a uniform | ||||||
8 | principal performance contract, the local school council shall | ||||||
9 | specify the nature of the alleged breach in writing and provide | ||||||
10 | a copy of it to the principal. | ||||||
11 | The hearing officer shall consider and give weight to all | ||||||
12 | of the teacher's evaluations written pursuant to Article 24A. | ||||||
13 | The hearing officer shall within 45 days from the | ||||||
14 | conclusion of the hearing report to the general superintendent | ||||||
15 | findings of fact and a recommendation as to whether or not the | ||||||
16 | teacher or principal shall be dismissed and shall give a copy | ||||||
17 | of the report to both the teacher or principal and the general | ||||||
18 | superintendent. The board, within 45 days of receipt of the | ||||||
19 | hearing officer's findings of fact and recommendation, shall | ||||||
20 | make a decision as to whether the teacher or principal shall be | ||||||
21 | dismissed from its employ. The failure of the board to strictly | ||||||
22 | adhere to the timeliness contained herein shall not render it | ||||||
23 | without jurisdiction to dismiss the teacher or principal. If | ||||||
24 | the hearing officer fails to render a decision within 45 days, | ||||||
25 | the State Board of Education shall communicate with the hearing | ||||||
26 | officer to determine the date that the parties can reasonably |
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1 | expect to receive the decision. The State Board of Education | ||||||
2 | shall provide copies of all such communications to the parties. | ||||||
3 | In the event the hearing officer fails without good cause to | ||||||
4 | make a decision within the 45 day period, the name of such | ||||||
5 | hearing officer shall be struck for a period not less than 24 | ||||||
6 | months from the master list of hearing officers maintained by | ||||||
7 | the State Board of Education. The board shall not lose | ||||||
8 | jurisdiction to discharge the teacher or principal if the | ||||||
9 | hearing officer fails to render a decision within the time | ||||||
10 | specified in this Section. If a hearing officer fails to render | ||||||
11 | a decision within 3 months after the hearing is declared | ||||||
12 | closed, the State Board of Education shall provide the parties | ||||||
13 | with a new list of prospective, impartial hearing officers, | ||||||
14 | with the same qualifications provided herein, one of whom shall | ||||||
15 | be selected, as provided in this Section, to rehear the charges | ||||||
16 | heard by the hearing officer who failed to render a decision. | ||||||
17 | The parties may also select a hearing officer pursuant to the | ||||||
18 | alternative procedure, as provided in this Section, to rehear | ||||||
19 | the charges heard by the hearing officer who failed to render a | ||||||
20 | decision. A violation of the professional standards set forth | ||||||
21 | in "The Code of Professional Responsibility for Arbitrators of | ||||||
22 | Labor-Management Disputes", of the National Academy of | ||||||
23 | Arbitrators, the American Arbitration Association, and the | ||||||
24 | Federal Mediation and Conciliation Service, or the failure of a | ||||||
25 | hearing officer to render a decision within 3 months after the | ||||||
26 | hearing is declared closed shall be grounds for removal of the |
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1 | hearing officer from the master list of hearing officers | ||||||
2 | maintained by the State Board of Education. The decision of the | ||||||
3 | board is final unless reviewed as provided in Section 34-85b of | ||||||
4 | this Act. | ||||||
5 | In the event judicial review is instituted, any costs of | ||||||
6 | preparing and filing the record of proceedings shall be paid by | ||||||
7 | the party instituting the review. If a decision of the board
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8 | hearing officer is adjudicated upon review or appeal in favor | ||||||
9 | of the teacher or principal, then the trial court shall order | ||||||
10 | reinstatement and shall determine the amount for which the | ||||||
11 | board is liable including but not limited to loss of income and | ||||||
12 | costs incurred therein. Nothing in this Section affects the | ||||||
13 | validity of removal for cause hearings commenced prior to the | ||||||
14 | effective date of this amendatory Act of 1978. | ||||||
15 | (Source: P.A. 89-15, eff. 5-30-95; revised 1-20-03.) | ||||||
16 | Section 90. The State Mandates Act is amended by adding | ||||||
17 | Section 8.31 as follows: | ||||||
18 | (30 ILCS 805/8.31 new) | ||||||
19 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
20 | of this Act, no reimbursement by the State is required for the | ||||||
21 | implementation of any mandate created by this amendatory Act of | ||||||
22 | the 95th General Assembly.
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