Full Text of SB0277 94th General Assembly
SB0277ham001 94TH GENERAL ASSEMBLY
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Executive Committee
Filed: 4/13/2005
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| AMENDMENT TO SENATE BILL 277
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| AMENDMENT NO. ______. Amend Senate Bill 277 on page 1, | 3 |
| lines 4 and 5, by replacing "Section 24-11" with "Sections | 4 |
| 24-11, 34-84, 34-84.1, and 34-85"; and
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| on page 1, line 17, by replacing "This Section and" with " This | 6 |
| Section applies to all school districts.
This Section and "; and
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| on page 2, lines 6 and 7, by deleting " or achieved permanent | 8 |
| appointment pursuant to Section 34-84 of this Code "; and
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| on page 4, lines 17 and 18, by deleting " or achieved permanent | 10 |
| appointment pursuant to Section 34-84 of this Code "; and
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| on page 5, immediately below line 35, by inserting the | 12 |
| following:
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| "(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
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| Sec. 34-84. Appointments and promotions of teachers. | 15 |
| Appointments and
promotions of teachers shall be made for merit
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| only, and after satisfactory service for a probationary period | 17 |
| as provided under Section 24-11 of this Code,
of 3 years
with | 18 |
| respect to probationary employees employed as full-time | 19 |
| teachers in the
public school system of the district before | 20 |
| January 1, 1998 and 4 years with
respect to probationary | 21 |
| employees who are first employed as full-time teachers
in the |
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| public school system of the district on or after January 1, | 2 |
| 1998
(during which period the board may dismiss or discharge | 3 |
| any
such probationary employee upon the recommendation, | 4 |
| accompanied by the
written reasons therefor, of the general | 5 |
| superintendent of schools)
appointments of teachers shall | 6 |
| enter upon contractual continued service
become permanent , | 7 |
| subject to removal for cause
in the manner provided by Section | 8 |
| 34-85.
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| As used in this Article, "teachers" means and includes all | 10 |
| members of
the teaching force excluding the general | 11 |
| superintendent and principals.
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| There shall be no reduction in teachers because of a | 13 |
| decrease in
student membership or a change in subject | 14 |
| requirements within the
attendance center organization after | 15 |
| the 20th day following the first day
of the school year, except | 16 |
| that: (1) this provision shall not apply to
desegregation | 17 |
| positions, special education positions, or any other positions
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| funded by State or federal categorical funds, and (2) at | 19 |
| attendance centers
maintaining any of grades 9 through 12, | 20 |
| there may be a second reduction in
teachers on the first day of | 21 |
| the second semester of the regular school
term because of a | 22 |
| decrease in student membership or a change in subject
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| requirements within the attendance center organization.
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| The school principal shall make the decision
in selecting | 25 |
| teachers to fill new and vacant positions consistent with
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| Section 34-8.1.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/34-84.1) (from Ch. 122, par. 34-84.1)
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| Sec. 34-84.1. Teachers employed in Department of Defense | 30 |
| overseas dependents' schools.
By mutual agreement of a teacher | 31 |
| and the board of education, the board may,
but is not required | 32 |
| to, grant the teacher a leave of absence to accept
employment | 33 |
| in a Department of Defense overseas dependents' school. If such
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| a leave of absence is granted, the teacher may elect, for a | 2 |
| period not
exceeding the lesser of the period for which he is | 3 |
| so employed or 5 years,
(a) to preserve his contractual | 4 |
| continued service
permanent status under this Act, and (b) to | 5 |
| continue
receipt, on the same basis as if he were teaching in | 6 |
| the school system
subject to the board of education, of service | 7 |
| credit earned for
requirements of promotion, incremental | 8 |
| increases in salary, leaves of
absence and other privileges | 9 |
| based on an established period of service or
employment.
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| A person employed to replace a teacher making the election | 11 |
| provided for
in this Section does not acquire contractual | 12 |
| continued service
permanent status as a teacher under this
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| Article.
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| (Source: Laws 1967, p. 1999.)
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| (105 ILCS 5/34-85) (from Ch. 122, par.
34-85)
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| Sec. 34-85. Removal for cause; Notice and hearing;
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| Suspension. No
teacher employed by the board of education shall | 18 |
| (after serving the
probationary period specified in Section | 19 |
| 24-11 of this Code
34-84 ) be removed
except for cause. No | 20 |
| principal employed by the board of education shall be
removed | 21 |
| during the term of his or her performance contract except for
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| cause, which may include but is not limited to the principal's | 23 |
| repeated
failure to implement the school improvement plan or to | 24 |
| comply with the
provisions of the Uniform Performance Contract, | 25 |
| including additional
criteria established by the Council for | 26 |
| inclusion in the performance
contract pursuant to Section | 27 |
| 34-2.3.
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| The general superintendent must first approve written | 29 |
| charges and
specifications against the
teacher or
principal. A | 30 |
| local school council may direct the
general superintendent to | 31 |
| approve written charges against its principal on behalf of the | 32 |
| Council
upon the vote of 7 members of the Council. The general | 33 |
| superintendent must
approve those charges within 45 days
or |
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| provide a written
reason for not approving those charges. A
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| written notice of those charges
shall be served upon the | 3 |
| teacher or principal within 10 days of the
approval of the | 4 |
| charges. If the teacher or principal cannot be found upon | 5 |
| diligent
inquiry, such charges may be served upon him by | 6 |
| mailing a copy thereof in a
sealed envelope by prepaid | 7 |
| certified mail, return receipt requested, to the
teacher's or | 8 |
| principal's last known address. A return receipt showing
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| delivery to such address within 20 days after the date of the
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| approval of the charges shall constitute proof of service.
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| No hearing upon the charges is required unless the teacher | 12 |
| or principal
within 10
days after receiving notice requests in | 13 |
| writing of the general
superintendent that a hearing
be | 14 |
| scheduled, in which case the general superintendent shall
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| schedule a hearing on those
charges before a disinterested | 16 |
| hearing officer on a date no less than 15
nor more than 30 days | 17 |
| after the approval of the charges. The general superintendent | 18 |
| shall forward
a copy of the notice to the State Board of
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| Education within 5 days from the date of the approval of the | 20 |
| charges.
Within 10 days after receiving the notice of hearing, | 21 |
| the State Board
of
Education shall provide the teacher or | 22 |
| principal and the general
superintendent with a list
of 5 | 23 |
| prospective, impartial hearing officers. Each person on the | 24 |
| list must
be accredited by a national arbitration organization | 25 |
| and have had a minimum
of 5 years of experience as an | 26 |
| arbitrator in cases involving labor and
employment
relations | 27 |
| matters between educational employers and educational | 28 |
| employees or
their exclusive bargaining representatives.
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| The general superintendent and the teacher or principal or
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| their legal representatives
within 3 days from receipt of the | 31 |
| list shall alternately strike one name
from the list until only | 32 |
| one name remains. Unless waived by the teacher,
the teacher or | 33 |
| principal shall
have the right to proceed first with the | 34 |
| striking. Within 3 days of receipt
of the first list provided |
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| by the State Board of Education, the general
superintendent and | 2 |
| the teacher or principal or their legal representatives
shall
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| each have the right to reject all prospective hearing officers | 4 |
| named on the
first list and to require the State Board of | 5 |
| Education to provide a second list
of 5 prospective, impartial | 6 |
| hearing officers, none of whom were named on the
first list. | 7 |
| Within 5 days after receiving this request for a second list, | 8 |
| the
State Board of Education shall provide the second list of 5 | 9 |
| prospective,
impartial hearing officers. The procedure for | 10 |
| selecting a hearing officer from
the second list shall be the | 11 |
| same as the procedure for the first list. Each
party
shall | 12 |
| promptly
serve written notice on the other of any name stricken | 13 |
| from the list. If
the teacher or principal fails to do so, the | 14 |
| general superintendent may select the hearing
officer from any | 15 |
| name remaining on the list. The teacher or principal
may waive | 16 |
| the hearing at any time prior to the appointment of the hearing
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| officer. Notice of the selection of the hearing officer shall | 18 |
| be given
to the State Board of Education. The hearing officer | 19 |
| shall be notified
of his selection by the State Board of | 20 |
| Education. A signed acceptance
shall be filed with the State | 21 |
| Board of Education within 5 days of receipt
of notice of the | 22 |
| selection. The State Board of Education shall notify the
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| teacher or principal and the board of its appointment of the | 24 |
| hearing officer.
In the alternative to selecting a hearing | 25 |
| officer from the first or second
list received from the State | 26 |
| Board of Education, the general superintendent and
the teacher | 27 |
| or principal or their legal representatives may mutually agree | 28 |
| to
select an impartial hearing officer who is not on a list | 29 |
| received from the
State Board of Education, either by direct | 30 |
| appointment by the parties or by
using procedures for the | 31 |
| appointment of an arbitrator established by the
Federal | 32 |
| Mediation and Conciliation Service or the American Arbitration
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| Association. The parties shall notify the State Board of | 34 |
| Education of their
intent to select a hearing officer using an |
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| alternative procedure within 3 days
of receipt of a list of | 2 |
| prospective hearing officers provided by the State
Board of | 3 |
| Education. Any person selected by the parties under this | 4 |
| alternative
procedure for the selection of a hearing officer | 5 |
| shall have the same
qualifications and authority as a hearing | 6 |
| officer selected from a list provided
by the State Board of | 7 |
| Education. The teacher or principal may waive the
hearing at | 8 |
| any time prior to the appointment of the hearing officer. The
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| State Board of
Education shall
promulgate
uniform
standards and | 10 |
| rules
of procedure for such hearings, including reasonable | 11 |
| rules of discovery.
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| The per diem allowance for the hearing officer shall be | 13 |
| paid by the State
Board of Education. The hearing officer shall | 14 |
| hold a hearing and render
findings of fact and a recommendation | 15 |
| to the general superintendent. The teacher or principal
has the
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| privilege of being present at the hearing with counsel and of
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| cross-examining witnesses and may offer evidence and witnesses | 18 |
| and present
defenses to the charges. The hearing officer may | 19 |
| issue subpoenas requiring
the attendance of witnesses and, at | 20 |
| the request of the teacher or principal
against whom a charge | 21 |
| is made or the general superintendent,
shall issue such | 22 |
| subpoenas, but
the hearing officer may limit the number of | 23 |
| witnesses to be subpoenaed in
behalf of the teacher or | 24 |
| principal or the general superintendent
to not more than 10 | 25 |
| each.
All testimony at the hearing shall be taken under oath | 26 |
| administered by the
hearing officer. The hearing officer shall | 27 |
| cause a record of the
proceedings to be kept and shall employ a | 28 |
| competent reporter to take
stenographic or stenotype notes of | 29 |
| all the testimony. The costs of the
reporter's attendance and | 30 |
| services at the hearing shall be paid by the
State Board of | 31 |
| Education. Either party desiring a transcript of the
hearing | 32 |
| shall pay for the cost thereof.
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| Pending the hearing of the charges, the person charged may | 34 |
| be suspended
in accordance with rules prescribed by the board |
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| but such person, if
acquitted, shall not suffer any loss of | 2 |
| salary by reason of the suspension.
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| Before service of notice of charges on account of causes | 4 |
| that may be
deemed to be remediable, the teacher or principal | 5 |
| shall be given reasonable
warning in writing, stating | 6 |
| specifically the causes which, if not removed,
may result in | 7 |
| charges; however, no such written warning shall be required
if | 8 |
| the causes have been the subject of a remediation plan pursuant | 9 |
| to
Article 24A. No written warning shall be required for | 10 |
| conduct on the part of
a teacher or principal which is cruel, | 11 |
| immoral, negligent, or criminal or which
in any way causes | 12 |
| psychological or physical harm or injury to a student as that
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| conduct is deemed to be irremediable. No written warning shall | 14 |
| be required for
a material breach of the uniform principal | 15 |
| performance contract as that conduct
is deemed to be | 16 |
| irremediable; provided however, that not less than 30 days
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| before the vote of the local school council to seek the | 18 |
| dismissal of a
principal for a material breach of a uniform | 19 |
| principal performance contract,
the local school council shall | 20 |
| specify the nature of the alleged breach in
writing and provide | 21 |
| a copy of it to the principal.
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| The hearing officer shall consider and give weight to all | 23 |
| of the
teacher's evaluations written pursuant to Article 24A.
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| The hearing officer shall within 45 days from the | 25 |
| conclusion of the hearing
report to the general superintendent | 26 |
| findings of fact and a recommendation as to whether or not
the | 27 |
| teacher or principal shall
be dismissed and shall give a copy | 28 |
| of the report to both the
teacher or
principal and the general | 29 |
| superintendent. The board, within 45
days of receipt of the | 30 |
| hearing officer's findings of fact and recommendation,
shall | 31 |
| make a decision as to whether the teacher or principal shall be | 32 |
| dismissed
from its employ. The failure of the board to strictly | 33 |
| adhere to the timeliness
contained herein shall not render it | 34 |
| without jurisdiction to dismiss the
teacher
or principal. If |
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| the hearing
officer fails to render a decision within 45 days, | 2 |
| the State Board of
Education shall communicate with the hearing | 3 |
| officer to determine the date that
the parties can reasonably | 4 |
| expect to receive the decision. The State Board of
Education | 5 |
| shall provide copies of all such communications to the parties. | 6 |
| In
the event the hearing officer fails without good cause
to | 7 |
| make a decision within the 45 day period, the name of such | 8 |
| hearing
officer
shall be struck for a period not less than 24 | 9 |
| months from the master
list
of hearing officers maintained by | 10 |
| the State Board of Education. The board
shall not lose | 11 |
| jurisdiction to discharge the teacher or principal if the
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| hearing officer fails to render a decision within the time | 13 |
| specified in this
Section. If a hearing officer fails to render | 14 |
| a decision within 3 months after
the hearing is declared | 15 |
| closed, the State Board of Education shall provide the
parties | 16 |
| with a new list of prospective, impartial hearing officers, | 17 |
| with the
same qualifications provided herein, one of whom shall | 18 |
| be selected, as provided
in this Section, to rehear the charges | 19 |
| heard by the hearing officer who failed
to render a decision. | 20 |
| The parties may also select a hearing officer pursuant
to the | 21 |
| alternative procedure, as provided in this Section, to rehear | 22 |
| the
charges heard by the hearing officer who failed to render a | 23 |
| decision. A
violation of the professional standards set forth | 24 |
| in "The Code of
Professional Responsibility for Arbitrators of | 25 |
| Labor-Management Disputes",
of the National Academy of | 26 |
| Arbitrators, the American Arbitration
Association, and the | 27 |
| Federal Mediation and Conciliation Service, or the
failure of a | 28 |
| hearing officer to render a decision within 3 months after the
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| hearing is declared closed shall be grounds for removal of the | 30 |
| hearing
officer from the master list of
hearing officers | 31 |
| maintained by the State Board of Education. The decision
of the | 32 |
| board is final unless reviewed as provided in
Section
34-85b of | 33 |
| this Act.
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| In the event judicial review is instituted, any costs of |
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| preparing and
filing the record of proceedings shall be paid by | 2 |
| the party instituting
the review. If a decision of the board
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| hearing
officer is adjudicated
upon review
or appeal in favor | 4 |
| of the teacher or principal, then the trial court shall
order | 5 |
| reinstatement and shall determine the amount for which the | 6 |
| board is
liable including but not limited to loss of income and | 7 |
| costs incurred therein.
Nothing in this Section affects the | 8 |
| validity of removal for cause hearings
commenced prior to the | 9 |
| effective date of this amendatory Act of 1978.
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| (Source: P.A. 89-15, eff. 5-30-95; revised 1-20-03.)".
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