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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, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||||
5 | 24-11 as follows:
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6 | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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7 | Sec. 24-11. Boards of Education - Boards of School | ||||||||||||||||||||||||||
8 | Inspectors -
Contractual continued service. As used in this and | ||||||||||||||||||||||||||
9 | the succeeding
Sections of this Article:
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10 | "Teacher" means any or all school district employees | ||||||||||||||||||||||||||
11 | regularly required to be
certified under laws relating to the | ||||||||||||||||||||||||||
12 | certification of teachers.
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13 | "Board" means board of directors, board of education, or | ||||||||||||||||||||||||||
14 | board of school
inspectors, as the case may be.
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15 | "School term" means that portion of the school year, July 1 | ||||||||||||||||||||||||||
16 | to the following
June 30, when school is in actual session.
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17 | This Section and Sections 24-12 through 24-16 of this | ||||||||||||||||||||||||||
18 | Article apply only to
school districts having less than 500,000 | ||||||||||||||||||||||||||
19 | inhabitants.
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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 |
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1 | reason therefor, by certified mail, return receipt requested by
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2 | the employing board at least 45 days before the end of such
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3 | period; except that (i) for a teacher who is first employed as | ||||||
4 | a full-time
teacher by a school district
on or after January 1, | ||||||
5 | 1998 and who has not before that date already entered
upon
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6 | contractual continued service in that district, the | ||||||
7 | probationary period shall
be 4 consecutive
school terms before | ||||||
8 | the teacher shall enter upon contractual continued
service and | ||||||
9 | (ii) for a teacher who is first employed as a full-time teacher | ||||||
10 | by a school district on or after the effective date of this | ||||||
11 | amendatory Act of the 96th General Assembly but who, prior to | ||||||
12 | employment with the district, already entered upon contractual | ||||||
13 | continued service in another school district pursuant to this | ||||||
14 | Section, the probationary period shall be 2 consecutive school | ||||||
15 | terms before the teacher shall enter upon contractual continued | ||||||
16 | service . For the purpose of determining contractual continued | ||||||
17 | service,
the first probationary year shall be any full-time | ||||||
18 | employment
from a date before November 1 through
the end of the | ||||||
19 | school year.
If, however, a teacher who was first employed | ||||||
20 | prior to January 1, 1998
has not had one school term of | ||||||
21 | full-time teaching experience before the
beginning of a | ||||||
22 | probationary period of 2 consecutive school terms, the | ||||||
23 | employing
board may at its option extend the probationary | ||||||
24 | period for one additional
school term by giving the teacher | ||||||
25 | written notice by certified mail, return
receipt requested, at | ||||||
26 | least 45 days before the end of the second school term of
the |
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1 | period of 2 consecutive school terms referred to above. This | ||||||
2 | notice must
state the reasons for the one year extension and | ||||||
3 | must outline the corrective
actions that the teacher must take | ||||||
4 | to satisfactorily complete probation. The
changes made by this | ||||||
5 | amendatory Act of 1998 are declaratory of existing law.
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6 | Any full-time teacher who is not completing the last year
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7 | of the probationary
period described in the preceding | ||||||
8 | paragraph, or any teacher employed on a
full-time basis not | ||||||
9 | later than January 1 of the school term, shall receive
written | ||||||
10 | notice from the employing board at least 45 days before the
end | ||||||
11 | of any school term whether or not he will be
re-employed for | ||||||
12 | the following school term. If the board fails to give
such | ||||||
13 | notice, the employee shall be deemed reemployed, and not later | ||||||
14 | than
the close of the then current school term the board shall | ||||||
15 | issue a
regular contract to the employee as though the board | ||||||
16 | had reemployed him
in the usual manner.
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17 | Contractual continued service shall continue in effect the | ||||||
18 | terms and
provisions of the contract with the teacher during | ||||||
19 | the last school term
of the probationary period, subject to | ||||||
20 | this Act and the lawful
regulations of the employing board. | ||||||
21 | This Section and succeeding Sections
do not modify any existing | ||||||
22 | power of the board except with respect to the
procedure of the | ||||||
23 | discharge of a teacher and reductions in salary as
hereinafter | ||||||
24 | provided. Contractual continued service status shall not
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25 | restrict the power of the board to transfer a teacher to a | ||||||
26 | position
which the teacher is qualified to fill or to make such |
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1 | salary
adjustments as it deems desirable, but unless reductions | ||||||
2 | in salary are
uniform or based upon some reasonable | ||||||
3 | classification, any teacher whose
salary is reduced shall be | ||||||
4 | entitled to a notice and a hearing as
hereinafter provided in | ||||||
5 | the case of certain dismissals or removals.
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6 | The employment of any teacher in a program of a special | ||||||
7 | education joint
agreement established under Section 3-15.14, | ||||||
8 | 10-22.31 or 10-22.31a shall be
under this and succeeding | ||||||
9 | Sections of this Article. For purposes of
attaining and | ||||||
10 | maintaining contractual continued service and computing
length | ||||||
11 | of continuing service as referred to in this Section and | ||||||
12 | Section
24-12, employment in a special educational joint | ||||||
13 | program shall be deemed a
continuation of all previous | ||||||
14 | certificated employment of such teacher for
such joint | ||||||
15 | agreement whether the employer of the teacher was the joint
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16 | agreement, the regional superintendent, or one of the | ||||||
17 | participating
districts in the joint agreement.
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18 | Any teacher employed after July 1, 1987 as a full-time | ||||||
19 | teacher in a
program of a special education joint agreement, | ||||||
20 | whether the program is
operated by the joint agreement or a | ||||||
21 | member district on behalf of the joint
agreement, for a | ||||||
22 | probationary period of two consecutive years shall enter
upon | ||||||
23 | contractual continued service in all of the programs conducted | ||||||
24 | by such
joint agreement which the teacher is legally qualified | ||||||
25 | to hold; except that
(i) for
a teacher who is first employed on | ||||||
26 | or after January 1, 1998 in a program of a
special education |
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1 | joint agreement and who has not before that date already
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2 | entered upon contractual continued service in all of the | ||||||
3 | programs conducted by
the joint agreement that the teacher is | ||||||
4 | legally qualified to hold, the
probationary period shall be 4 | ||||||
5 | consecutive years before the teacher enters upon
contractual | ||||||
6 | continued service in all of those programs and (ii) for a | ||||||
7 | teacher who is first employed on or after the effective date of | ||||||
8 | this amendatory Act of the 96th General Assembly in a program | ||||||
9 | of a
special education joint agreement but who, prior to this | ||||||
10 | employment, already entered upon contractual continued service | ||||||
11 | in the programs of another joint agreement pursuant to this | ||||||
12 | Section, the probationary period shall be 2 consecutive years | ||||||
13 | before the teacher enters upon contractual continued service . | ||||||
14 | In the
event of a reduction in the number of programs or | ||||||
15 | positions in the joint
agreement, the teacher on contractual | ||||||
16 | continued service shall be eligible
for employment in the joint | ||||||
17 | agreement programs for which the teacher is
legally qualified | ||||||
18 | in order of greater length of continuing service in the
joint | ||||||
19 | agreement unless an alternative method of determining the | ||||||
20 | sequence of
dismissal is established in a collective bargaining | ||||||
21 | agreement. In the
event of the dissolution of a joint | ||||||
22 | agreement, the teacher on contractual
continued service who is | ||||||
23 | legally qualified shall be assigned to any
comparable position | ||||||
24 | in a member district currently held by a teacher who
has not | ||||||
25 | entered upon contractual continued service or held by a teacher | ||||||
26 | who
has entered upon contractual continued service with shorter |
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1 | length of
contractual continued service.
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2 | The governing board of the joint agreement, or the | ||||||
3 | administrative
district, if so authorized by the articles of | ||||||
4 | agreement of the joint
agreement, rather than the board of | ||||||
5 | education of a school district, may
carry out employment and | ||||||
6 | termination actions including dismissals under
this Section | ||||||
7 | and Section 24-12.
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8 | For purposes of this and succeeding Sections of this | ||||||
9 | Article, a program
of a special educational joint agreement | ||||||
10 | shall be defined as instructional,
consultative, supervisory, | ||||||
11 | administrative, diagnostic, and related services
which are | ||||||
12 | managed by the special educational joint agreement designed to
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13 | service two or more districts which are members of the joint | ||||||
14 | agreement.
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15 | Each joint agreement shall be required to post by February | ||||||
16 | 1, a list of
all its employees in order of length of continuing | ||||||
17 | service in the joint
agreement, unless an alternative method of | ||||||
18 | determining a sequence of
dismissal is established in an | ||||||
19 | applicable collective bargaining agreement.
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20 | The employment of any teacher in a special education | ||||||
21 | program
authorized by Section 14-1.01 through 14-14.01, or a | ||||||
22 | joint educational
program established under Section 10-22.31a, | ||||||
23 | shall be under this and the
succeeding Sections of this | ||||||
24 | Article, and such employment shall be deemed
a continuation of | ||||||
25 | the previous employment of such teacher in any of the
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26 | participating districts, regardless of the participation of |
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1 | other
districts in the program. Any teacher employed as a | ||||||
2 | full-time teacher in
a special education program prior to | ||||||
3 | September 23, 1987 in which 2 or
more school districts
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4 | participate for a probationary period of 2 consecutive years | ||||||
5 | shall enter
upon contractual continued service in each of the | ||||||
6 | participating
districts, subject to this and the succeeding | ||||||
7 | Sections of this Article,
and in the event of the termination | ||||||
8 | of the program shall be eligible for
any vacant position in any | ||||||
9 | of such districts for which such teacher is
qualified.
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10 | (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
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11 | Section 90. The State Mandates Act is amended by adding | ||||||
12 | Section 8.33 as follows: | ||||||
13 | (30 ILCS 805/8.33 new) | ||||||
14 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
15 | of this Act, no reimbursement by the State is required for the | ||||||
16 | implementation of any mandate created by this amendatory Act of | ||||||
17 | the 96th General Assembly.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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