093_SB0317sam002

 










                                     LRB093 07187 NHT 14090 a

 1                    AMENDMENT TO SENATE BILL 317

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

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

 7        (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
 8        Sec.  24-11.   Boards  of  Education  -  Boards of School
 9    Inspectors - Contractual continued service.  As used in  this
10    and the succeeding Sections of this Article:
11        "Teacher"  means  any  or  all  school district employees
12    regularly required to be certified under laws relating to the
13    certification of teachers.
14        "Board" means board of directors, board of education,  or
15    board of school inspectors, as the case may be.
16        "School term" means that portion of the school year, July
17    1 to the following June 30, when school is in actual session.
18        This  Section  and  Sections  24-12 through 24-16 of this
19    Article apply only  to  school  districts  having  less  than
20    500,000 inhabitants.
21        Any  teacher  who  has been employed in any district as a
22    full-time teacher for a probationary period of 2  consecutive
 
                            -2-      LRB093 07187 NHT 14090 a
 1    school  terms  shall enter upon contractual continued service
 2    unless given written notice of dismissal stating the specific
 3    reason therefor, by certified mail, return receipt  requested
 4    by  the  employing  board  at least 45 days before the end of
 5    such period; except that (i)  for  a  teacher  who  is  first
 6    employed  as  a  full-time teacher by a school district on or
 7    after January 1, 1998 but before the effective date  of  this
 8    amendatory  Act  of the 93rd General Assembly and who has not
 9    before  January  1,  1998  that  date  already  entered  upon
10    contractual  continued  service   in   that   district,   the
11    probationary  period  shall  be  4  consecutive  school terms
12    before the teacher shall  enter  upon  contractual  continued
13    service  and  (ii)  for  a teacher who is first employed as a
14    full-time teacher by  a  school  district  on  or  after  the
15    effective  date  of  this  amendatory Act of the 93rd General
16    Assembly and who has not before the date of  this  employment
17    already  entered  upon  contractual  continued service in any
18    district pursuant  to  this  Section  or  achieved  permanent
19    appointment  pursuant  to  Section  34-84  of  this Code, the
20    probationary period  shall  be  3  consecutive  school  terms
21    before  the  teacher  shall  enter upon contractual continued
22    service. For the purpose of determining contractual continued
23    service, the first probationary year shall be  any  full-time
24    employment  from  a date before November 1 through the end of
25    the school year.   If,  however,  a  teacher  who  was  first
26    employed  prior  to  January  1, 1998 or first employed on or
27    after the effective date of this amendatory Act of  the  93rd
28    General  Assembly  has  not  had one school term of full-time
29    teaching experience before the beginning of the applicable  a
30    probationary  period  of  2  consecutive  school  terms,  the
31    employing  board  may  at  its option extend the probationary
32    period for one additional school term by giving  the  teacher
33    written  notice  by certified mail, return receipt requested,
34    at least 45 days before the end of  the  last  second  school
 
                            -3-      LRB093 07187 NHT 14090 a
 1    term  of  the applicable probationary period of 2 consecutive
 2    school terms referred to above.  This notice must  state  the
 3    reasons  for  the  one  year  extension  and must outline the
 4    corrective  actions   that   the   teacher   must   take   to
 5    satisfactorily  complete  probation.   The  changes  made  by
 6    Public Act 90-653 and this amendatory Act of the 93rd General
 7    Assembly  this  amendatory  Act  of  1998  are declaratory of
 8    existing law.
 9        Any full-time teacher who is not completing the last year
10    of  the  probationary  period  described  in  the   preceding
11    paragraph,  or  any teacher employed on a full-time basis not
12    later than January  1  of  the  school  term,  shall  receive
13    written  notice  from  the  employing  board at least 45 days
14    before the end of any school term whether or not he  will  be
15    re-employed for the following school term. If the board fails
16    to give such notice, the employee shall be deemed reemployed,
17    and  not later than the close of the then current school term
18    the board shall issue a regular contract to the  employee  as
19    though the board had reemployed him in the usual manner.
20        Contractual  continued  service  shall continue in effect
21    the terms and provisions of the  contract  with  the  teacher
22    during  the  last  school  term  of  the probationary period,
23    subject to  this  Act  and  the  lawful  regulations  of  the
24    employing  board. This Section and succeeding Sections do not
25    modify any existing power of the board except with respect to
26    the procedure of the discharge of a teacher and reductions in
27    salary as hereinafter provided. Contractual continued service
28    status shall not restrict the power of the board to  transfer
29    a  teacher  to  a  position which the teacher is qualified to
30    fill  or  to  make  such  salary  adjustments  as  it   deems
31    desirable,  but  unless  reductions  in salary are uniform or
32    based upon some reasonable classification, any teacher  whose
33    salary is reduced shall be entitled to a notice and a hearing
34    as  hereinafter provided in the case of certain dismissals or
 
                            -4-      LRB093 07187 NHT 14090 a
 1    removals.
 2        The employment of any teacher in a program of  a  special
 3    education  joint agreement established under Section 3-15.14,
 4    10-22.31 or 10-22.31a shall  be  under  this  and  succeeding
 5    Sections  of  this  Article.   For  purposes of attaining and
 6    maintaining  contractual  continued  service  and   computing
 7    length  of  continuing service as referred to in this Section
 8    and Section 24-12, employment in a special educational  joint
 9    program  shall  be  deemed  a  continuation  of  all previous
10    certificated  employment  of  such  teacher  for  such  joint
11    agreement whether the employer of the teacher was  the  joint
12    agreement,   the  regional  superintendent,  or  one  of  the
13    participating districts in the joint agreement.
14        Any teacher employed after July 1, 1987  as  a  full-time
15    teacher  in a program of a special education joint agreement,
16    whether the program is operated by the joint agreement  or  a
17    member  district  on  behalf  of  the  joint agreement, for a
18    probationary period of two  consecutive  school  terms  years
19    shall  enter upon contractual continued service in all of the
20    programs conducted by such joint agreement which the  teacher
21    is  legally  qualified to hold; except that (i) for a teacher
22    who is first employed on or after January 1, 1998 but  before
23    the effective date of this amendatory Act of the 93rd General
24    Assembly  in a program of a special education joint agreement
25    and who has not before January  1,  1998  that  date  already
26    entered  upon  contractual  continued  service  in all of the
27    programs conducted by the joint agreement that the teacher is
28    legally qualified to hold, the probationary period shall be 4
29    consecutive school terms years before the teacher enters upon
30    contractual continued service in all of  those  programs  and
31    (ii) for a teacher who is first employed by a school district
32    on  or after the effective date of this amendatory Act of the
33    93rd General Assembly in a program  of  a  special  education
34    joint  agreement  and  who  has  not  before the date of this
 
                            -5-      LRB093 07187 NHT 14090 a
 1    employment already entered upon contractual continued service
 2    in  any  district  pursuant  to  this  Section  or   achieved
 3    permanent appointment pursuant to Section 34-84 of this Code,
 4    the  probationary  period shall be 3 consecutive school terms
 5    before the teacher enters upon contractual continued  service
 6    in  all  of the programs conducted by the joint agreement for
 7    which the teacher is legally qualified.  In the  event  of  a
 8    reduction in the number of programs or positions in the joint
 9    agreement, the teacher on contractual continued service shall
10    be  eligible  for  employment in the joint agreement programs
11    for which the  teacher  is  legally  qualified  in  order  of
12    greater  length  of continuing service in the joint agreement
13    unless an alternative method of determining the  sequence  of
14    dismissal   is   established   in   a  collective  bargaining
15    agreement.  In the  event  of  the  dissolution  of  a  joint
16    agreement,  the  teacher on contractual continued service who
17    is legally qualified shall  be  assigned  to  any  comparable
18    position in a member district currently held by a teacher who
19    has not entered upon contractual continued service or held by
20    a  teacher who has entered upon contractual continued service
21    with shorter length of contractual continued service.
22        The governing  board  of  the  joint  agreement,  or  the
23    administrative  district, if so authorized by the articles of
24    agreement of the joint agreement, rather than  the  board  of
25    education  of a school district, may carry out employment and
26    termination actions including dismissals under  this  Section
27    and Section 24-12.
28        For  purposes  of  this  and  succeeding Sections of this
29    Article, a program of a special educational  joint  agreement
30    shall be defined as instructional, consultative, supervisory,
31    administrative,  diagnostic,  and  related services which are
32    managed by the special educational joint  agreement  designed
33    to  service  two  or  more districts which are members of the
34    joint agreement.
 
                            -6-      LRB093 07187 NHT 14090 a
 1        Each  joint  agreement  shall  be  required  to  post  by
 2    February 1, a list of all its employees in order of length of
 3    continuing  service  in  the  joint  agreement,   unless   an
 4    alternative  method of determining a sequence of dismissal is
 5    established in an applicable collective bargaining agreement.
 6        The employment of any  teacher  in  a  special  education
 7    program  authorized by Section 14-1.01 through 14-14.01, or a
 8    joint   educational   program   established   under   Section
 9    10-22.31a, shall be under this and the succeeding Sections of
10    this  Article,  and  such  employment  shall  be   deemed   a
11    continuation  of  the  previous employment of such teacher in
12    any  of  the  participating  districts,  regardless  of   the
13    participation  of other districts in the program. Any teacher
14    employed as  a  full-time  teacher  in  a  special  education
15    program prior to September 23, 1987 in which 2 or more school
16    districts   participate   for  a  probationary  period  of  2
17    consecutive years  shall  enter  upon  contractual  continued
18    service  in  each  of the participating districts, subject to
19    this and the succeeding Sections of this Article, and in  the
20    event of the termination of the program shall be eligible for
21    any  vacant  position in any of such districts for which such
22    teacher is qualified.
23    (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)

24        Section 90.  The State Mandates Act is amended by  adding
25    Section 8.27 as follows:

26        (30 ILCS 805/8.27 new)
27        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
28    and 8 of this Act, no reimbursement by the State is  required
29    for  the  implementation  of  any  mandate  created  by  this
30    amendatory Act of the 93rd General Assembly.

31        Section  99.  Effective date.  This Act takes effect upon
 
                            -7-      LRB093 07187 NHT 14090 a
 1    becoming law.".