Full Text of HB1890 95th General Assembly
HB1890 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1890
Introduced 2/23/2007, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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5 ILCS 120/1.02 |
from Ch. 102, par. 41.02 |
105 ILCS 5/24A-2 |
from Ch. 122, par. 24A-2 |
105 ILCS 5/24A-4 |
from Ch. 122, par. 24A-4 |
105 ILCS 5/24A-5 |
from Ch. 122, par. 24A-5 |
105 ILCS 5/24A-7 |
from Ch. 122, par. 24A-7 |
105 ILCS 5/34-8.1 |
from Ch. 122, par. 34-8.1 |
105 ILCS 5/34-85 |
from Ch. 122, par. 34-85 |
105 ILCS 5/34-85b |
from Ch. 122, par. 34-85b |
105 ILCS 5/34-85c new |
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Amends the Open Meetings Act and the School Code. Provides that the term "public body" under the Open Meetings Act does not include a teacher peer assistance board or peer evaluation governing board established by a school district and the exclusive representative of its teachers under the Chicago School District Article of the School Code or a professional personnel leadership committee organized under the Chicago School District Article of the School Code. Authorizes the Chicago Board of Education and the exclusive
representative of the school district's teachers to enter into an agreement to establish alternative procedures for teacher evaluation, remediation, and removal for cause after remediation, including an alternative system for peer evaluation and recommendations, for teachers who have completed their probationary period. Makes related changes.
Makes technical changes having a revisory function. Effective immediately.
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A BILL FOR
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HB1890 |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Open Meetings Act is amended by changing | 5 |
| Section 1.02 as follows: | 6 |
| (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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| Sec. 1.02. For the purposes of this Act:
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| "Meeting" means any gathering, whether in person or by | 9 |
| video or audio conference, telephone call, electronic means | 10 |
| (such as, without limitation, electronic mail, electronic | 11 |
| chat, and instant messaging), or other means of contemporaneous | 12 |
| interactive communication, of a majority of a quorum of the | 13 |
| members of a
public body held for the purpose of discussing | 14 |
| public
business.
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| "Public body" includes all legislative, executive, | 16 |
| administrative or advisory
bodies of the State, counties, | 17 |
| townships, cities, villages, incorporated
towns, school | 18 |
| districts and all other municipal corporations, boards, | 19 |
| bureaus,
committees or commissions of this State, and any | 20 |
| subsidiary bodies of any
of the foregoing including but not | 21 |
| limited to committees and subcommittees
which are supported in | 22 |
| whole or in part by tax revenue, or which expend tax
revenue, | 23 |
| except the General Assembly and committees or commissions |
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| thereof.
"Public body" includes tourism boards and convention | 2 |
| or civic center
boards located in counties that are contiguous | 3 |
| to the Mississippi River with
populations of more than 250,000 | 4 |
| but less than 300,000. "Public body"
includes the Health | 5 |
| Facilities Planning Board. "Public body" does not
include the | 6 |
| following:
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| (1) a child death review team or the Illinois Child | 8 |
| Death Review Teams
Executive Council established under
the | 9 |
| Child Death Review Team Act ;
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| (2)
or an ethics commission acting under the State | 11 |
| Officials and
Employees Ethics Act ; . | 12 |
| (3) a teacher peer assistance board or peer evaluation | 13 |
| governing board established by a school district and the | 14 |
| exclusive representative of its teachers under Section | 15 |
| 34-85c of the School Code; or | 16 |
| (4) a professional personnel leadership committee | 17 |
| organized under Article 34 of the School Code.
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| (Source: P.A. 93-617, eff. 12-9-03; 94-1058, eff. 1-1-07.)
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| Section 10. The School Code is amended by changing Sections | 20 |
| 24A-2, 24A-4, 24A-5, 24A-7, 34-8.1, 34-85, and 34-85b and by | 21 |
| adding Section 34-85c as follows:
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| (105 ILCS 5/24A-2) (from Ch. 122, par. 24A-2)
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| Sec. 24A-2. Application. The provisions of this Article | 24 |
| shall apply to
all public school districts organized and |
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| operating pursuant to the
provisions of this Code, including | 2 |
| special charter districts and
those school districts operating | 3 |
| in accordance with Article 34 , except that this Section does | 4 |
| not apply to teachers assigned to schools identified in an | 5 |
| agreement entered into between the board of a school district | 6 |
| operating under Article 34 and the exclusive representative of | 7 |
| the district's teachers in accordance with Section 34-85c of | 8 |
| this Code .
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| (Source: P.A. 84-972.)
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| (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
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| Sec. 24A-4. Development and submission of evaluation plan. | 12 |
| As used in
this and the succeeding Sections, "teacher" means | 13 |
| any and all school
district employees regularly required to be | 14 |
| certified under laws relating
to the certification of teachers. | 15 |
| Each school district shall develop, in
cooperation with its | 16 |
| teachers or, where applicable, the exclusive
bargaining | 17 |
| representatives of its teachers, an evaluation plan for all
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| teachers in contractual continued service. The district shall, | 19 |
| no later
than October 1, 1986, submit a copy of its evaluation | 20 |
| plan to the State
Board of Education, which shall review the | 21 |
| plan and make public its
comments thereon, and the district | 22 |
| shall at the same time provide a copy to
the exclusive | 23 |
| bargaining representatives. Whenever any substantive change
is | 24 |
| made in a district's evaluation plan, the new plan shall be | 25 |
| submitted to
the State Board of Education for review and |
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| comment, and the district shall
at the same time provide a copy | 2 |
| of any such new plan to the exclusive
bargaining | 3 |
| representatives. The board of a school district operating under | 4 |
| Article 34 of this Code and the exclusive representative of the | 5 |
| district's teachers shall submit a certified copy of an | 6 |
| agreement entered into under Section 34-85c of this Code to the | 7 |
| State Board of Education, and that agreement shall constitute | 8 |
| the teacher evaluation plan for teachers assigned to schools | 9 |
| identified in that agreement. Whenever any substantive change | 10 |
| is made in an agreement entered into under Section 34-85c of | 11 |
| this Code by the board of a school district operating under | 12 |
| Article 34 of this Code and the exclusive representative of the | 13 |
| district's teachers, the new agreement shall be submitted to | 14 |
| the State Board of Education.
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| (Source: P.A. 85-1163.)
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| (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
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| Sec. 24A-5. Content of evaluation plans. This Section does | 18 |
| not apply to teachers assigned to schools identified in an | 19 |
| agreement entered into between the board of a school district | 20 |
| operating under Article 34 of this Code and the exclusive | 21 |
| representative of the district's teachers in accordance with | 22 |
| Section 34-85c of this Code.
Each school district to
which this | 23 |
| Article applies shall establish a teacher evaluation plan
which | 24 |
| ensures that each teacher in contractual continued service
is | 25 |
| evaluated at least once in the course of every 2 school years, |
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| beginning
with the 1986-87 school year.
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| The evaluation plan shall comply with the requirements of | 3 |
| this Section and
of any rules adopted by the State Board of | 4 |
| Education pursuant to this Section.
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| The plan shall include a description of each teacher's | 6 |
| duties
and responsibilities and of the standards to which that | 7 |
| teacher
is expected to conform.
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| The plan may provide for evaluation of personnel whose | 9 |
| positions
require administrative certification by independent | 10 |
| evaluators not employed
by or affiliated with the school | 11 |
| district. The results of the school
district administrators' | 12 |
| evaluations shall be reported to the employing
school board, | 13 |
| together with such recommendations for remediation as the
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| evaluator or evaluators may deem appropriate.
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| Evaluation of teachers whose positions do not require | 16 |
| administrative
certification shall be conducted by an | 17 |
| administrator qualified under Section
24A-3, or -- in school | 18 |
| districts having a population exceeding 500,000 --
by either an | 19 |
| administrator qualified under Section 24A-3 or an assistant
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| principal under the supervision of an administrator qualified | 21 |
| under Section
24A-3, and shall include at least the following | 22 |
| components:
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| (a) personal observation of the teacher in the | 24 |
| classroom (on at least
2 different school days in school | 25 |
| districts having a population
exceeding
500,000) by a | 26 |
| district administrator qualified under Section 24A-3, or - |
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in school districts having a population exceeding | 2 |
| 500,000 -- by either an
administrator qualified under | 3 |
| Section 24A-3 or an assistant principal under
the | 4 |
| supervision of an administrator qualified under Section | 5 |
| 24A-3, unless
the teacher has no classroom duties.
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| (b) consideration of the teacher's attendance, | 7 |
| planning, and
instructional methods, classroom management, | 8 |
| where relevant, and
competency in the subject matter | 9 |
| taught, where relevant.
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| (c) rating of the teacher's performance as | 11 |
| "excellent",
"satisfactory" or "unsatisfactory".
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| (d) specification as to the teacher's strengths and | 13 |
| weaknesses, with
supporting reasons for the comments made.
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| (e) inclusion of a copy of the evaluation in the | 15 |
| teacher's personnel
file and provision of a copy to the | 16 |
| teacher.
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| (f) within 30 days after completion of an evaluation | 18 |
| rating a teacher
as "unsatisfactory", development and | 19 |
| commencement by the district, or by an administrator | 20 |
| qualified under Section
24A-3 or an assistant principal | 21 |
| under the supervision of an administrator
qualified under | 22 |
| Section 24A-3 in school districts having a population
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| exceeding 500,000, of a remediation plan designed to | 24 |
| correct deficiencies
cited, provided the deficiencies are | 25 |
| deemed remediable.
In all school districts the
remediation | 26 |
| plan for unsatisfactory, tenured teachers shall
provide |
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| for 90 school days of remediation within the
classroom. In | 2 |
| all school districts evaluations issued pursuant
to
this | 3 |
| Section shall be
issued within 10 days after the conclusion | 4 |
| of the respective remediation plan.
However, the school | 5 |
| board or other governing authority of the district
shall | 6 |
| not lose
jurisdiction to discharge a teacher in the event | 7 |
| the evaluation is not issued
within 10 days after the | 8 |
| conclusion of the respective remediation plan.
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| (g) participation in the remediation plan by the | 10 |
| teacher rated
"unsatisfactory", a district administrator | 11 |
| qualified under Section 24A-3
(or -- in a school district | 12 |
| having a population exceeding 500,000 -- an
administrator | 13 |
| qualified under Section 24A-3 or an assistant principal | 14 |
| under
the supervision of an administrator qualified under | 15 |
| Section 24A-3),
and a consulting teacher, selected by the | 16 |
| participating administrator or by
the principal, or -- in | 17 |
| school districts having a population exceeding
500,000 -- | 18 |
| by an administrator qualified under Section 24A-3 or by an
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| assistant principal under the supervision of an | 20 |
| administrator qualified
under Section 24A-3, of the | 21 |
| teacher who was rated "unsatisfactory", which
consulting | 22 |
| teacher is an educational employee as defined in the | 23 |
| Educational
Labor Relations Act, has at least 5 years' | 24 |
| teaching experience and a
reasonable familiarity with the | 25 |
| assignment of the teacher being evaluated,
and who received | 26 |
| an "excellent" rating on his or her most
recent evaluation. |
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| Where no teachers who meet these criteria are available
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| within the district, the district shall request and the | 3 |
| State Board of
Education shall supply, to participate in | 4 |
| the remediation process, an
individual who meets these | 5 |
| criteria.
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| In a district having a population of less than 500,000 | 7 |
| with an
exclusive bargaining agent, the bargaining agent
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| may, if it so chooses, supply a roster of qualified | 9 |
| teachers from whom the
consulting teacher is to be | 10 |
| selected. That roster shall, however, contain
the names of | 11 |
| at least 5 teachers, each of whom meets the criteria for
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| consulting teacher with regard to the teacher being | 13 |
| evaluated, or the names
of all teachers so qualified if | 14 |
| that number is less than 5. In the event of
a dispute as to | 15 |
| qualification, the State Board shall determine | 16 |
| qualification.
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| (h) evaluations and ratings once every 30 school days
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| for the 90 school day
remediation period immediately
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| following receipt of a remediation plan provided for under | 20 |
| subsections (f) and (g) of this
Section;
provided that in | 21 |
| school districts having a population
exceeding
500,000
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| there shall be monthly evaluations and ratings for the | 23 |
| first 6 months and
quarterly evaluations and ratings for | 24 |
| the next 6 months immediately
following completion of the | 25 |
| remediation program of a teacher for whom a
remediation | 26 |
| plan has been developed. These subsequent evaluations
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| shall be conducted by the participating administrator, or - | 2 |
| - in school
districts having a population exceeding | 3 |
| 500,000 -- by either the principal
or by an assistant | 4 |
| principal under the supervision of an
administrator | 5 |
| qualified under Section 24A-3. The consulting
teacher | 6 |
| shall provide advice to the teacher rated "unsatisfactory" | 7 |
| on how
to improve teaching skills and to successfully | 8 |
| complete the remediation
plan. The consulting teacher | 9 |
| shall participate in developing the
remediation plan, but | 10 |
| the final decision as to the evaluation shall be done
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| solely by the administrator, or -- in school districts | 12 |
| having a population
exceeding 500,000 -- by either the | 13 |
| principal or by an assistant principal
under the | 14 |
| supervision of an administrator qualified under Section | 15 |
| 24A-3,
unless an applicable collective bargaining | 16 |
| agreement provides to the contrary.
Teachers in the | 17 |
| remediation process in a school district having a
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| population
exceeding 500,000 are not subject to the annual | 19 |
| evaluations
described in paragraphs (a) through (e) of this | 20 |
| Section. Evaluations at the
conclusion of the remediation | 21 |
| process shall be separate and distinct from the
required | 22 |
| annual evaluations of teachers and shall not be subject to | 23 |
| the
guidelines and procedures relating to those annual | 24 |
| evaluations. The evaluator
may but is not required to use | 25 |
| the forms provided for the annual evaluation of
teachers in | 26 |
| the district's evaluation plan.
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| (i) in school districts having a population of less | 2 |
| than
500,000,
reinstatement to a schedule of biennial | 3 |
| evaluation for any teacher
who completes the 90 school day | 4 |
| remediation plan with a
"satisfactory" or better
rating, | 5 |
| unless the district's plan regularly requires more | 6 |
| frequent
evaluations; and in school districts having a | 7 |
| population exceeding
500,000, reinstatement to a schedule | 8 |
| of biennial evaluation for any teacher
who completes the 90 | 9 |
| school day remediation plan with a "satisfactory" or
better | 10 |
| rating and the one
year intensive review schedule as | 11 |
| provided in paragraph (h) of this Section
with a | 12 |
| "satisfactory" or better rating, unless such district's | 13 |
| plan regularly
requires more frequent evaluations.
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| (j) dismissal in accordance with Section 24-12 or 34-85 | 15 |
| of The School
Code of any teacher who fails to complete any | 16 |
| applicable remediation plan
with a "satisfactory" or | 17 |
| better rating. Districts and teachers subject to
dismissal | 18 |
| hearings are precluded from compelling the testimony of
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| consulting teachers at such hearings under Section 24-12 or | 20 |
| 34-85, either
as to the rating process or for opinions of | 21 |
| performances by teachers under
remediation.
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| In a district subject to a collective bargaining agreement
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| as of the effective date of this amendatory Act of 1997, any | 24 |
| changes made by this amendatory Act to the provisions of this
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| Section that are contrary to the express terms and provisions | 26 |
| of that
agreement shall go into effect in that district only |
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| upon
expiration of that agreement. Thereafter, collectively | 2 |
| bargained evaluation
plans shall at a minimum meet the | 3 |
| standards of this Article. If such a
district has an evaluation | 4 |
| plan, however, whether pursuant to the
collective bargaining | 5 |
| agreement or otherwise, a copy of that plan shall be
submitted | 6 |
| to the State Board of Education for review and comment, in
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| accordance with Section 24A-4.
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| Nothing in this Section shall be construed as preventing | 9 |
| immediate
dismissal of a teacher for deficiencies which are
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| deemed irremediable or for actions which are injurious to or | 11 |
| endanger the
health or person of students in the classroom or | 12 |
| school. Failure to
strictly comply with the time requirements | 13 |
| contained in Section 24A-5 shall
not invalidate the results of | 14 |
| the remediation plan.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98; 90-653, | 16 |
| eff. 7-29-98.)
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| (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
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| Sec. 24A-7. Rules. The State Board of Education is | 19 |
| authorized to adopt such rules as
are deemed necessary to | 20 |
| implement and accomplish the purposes and
provisions of this | 21 |
| Article , except that these rules shall not apply to teachers | 22 |
| assigned to schools identified in an agreement entered into | 23 |
| between the board of a school district operating under Article | 24 |
| 34 of this Code and the exclusive representative of the | 25 |
| district's teachers in accordance with Section 34-85c of this |
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| Code .
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| (Source: P.A. 84-972.)
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| (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
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| Sec. 34-8.1. Principals. Principals shall be employed to | 5 |
| supervise the
operation of each attendance center. Their powers | 6 |
| and duties shall include
but not be limited to the authority | 7 |
| (i) to
direct, supervise, evaluate, and suspend with or without | 8 |
| pay or otherwise
discipline all teachers, assistant | 9 |
| principals, and other employees assigned to
the attendance | 10 |
| center in accordance with board rules and policies and (ii) to
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| direct
all other persons assigned to the
attendance center | 12 |
| pursuant to a contract with a third party to provide services
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| to the school system. The right to employ, discharge, and | 14 |
| layoff shall be
vested solely with the board, provided that | 15 |
| decisions to
discharge or suspend
non-certified employees, | 16 |
| including disciplinary layoffs, and the
termination of | 17 |
| certified employees from employment pursuant to a layoff
or | 18 |
| reassignment policy are subject to review under the grievance | 19 |
| resolution
procedure adopted pursuant to subsection (c) of | 20 |
| Section 10 of the Illinois
Educational Labor Relations Act. The | 21 |
| grievance resolution procedure
adopted by the board shall | 22 |
| provide for final and binding arbitration, and,
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| notwithstanding any other provision of law to the contrary, the
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| arbitrator's decision may include all make-whole relief, | 25 |
| including without
limitation reinstatement. The principal |
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| shall fill positions by
appointment as provided in this Section | 2 |
| and may make recommendations to the
board regarding the | 3 |
| employment, discharge, or layoff of any individual. The
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| authority of the principal shall include the
authority to | 5 |
| direct the hours during which the attendance center
shall be | 6 |
| open and available for use provided the use complies with board | 7 |
| rules
and policies, to determine when and what operations shall | 8 |
| be conducted within
those hours, and to schedule staff within | 9 |
| those hours. Under the direction of, and subject to the | 10 |
| authority
of the principal, the Engineer In Charge shall
be | 11 |
| accountable for the safe, economical operation of the plant and | 12 |
| grounds
and shall also be responsible for orientation, | 13 |
| training,
and supervising the work of Engineers,
Trainees, | 14 |
| school maintenance assistants, custodial workers and other | 15 |
| plant
operation employees under his or her direction.
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| There shall be established by the board a system of | 17 |
| semi-annual
evaluations conducted by the principal as to | 18 |
| performance of the engineer in charge. Nothing
in this Section | 19 |
| shall prevent the principal from conducting additional
| 20 |
| evaluations. An overall
numerical rating shall be given by the | 21 |
| principal based on the evaluation
conducted by the principal. | 22 |
| An unsatisfactory numerical rating shall result in
| 23 |
| disciplinary
action, which may include, without limitation and | 24 |
| in the judgment of the
principal, loss of
promotion
or bidding | 25 |
| procedure, reprimand, suspension with or without pay, or
| 26 |
| recommended dismissal. The board shall establish
procedures |
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| for conducting the
evaluation
and reporting the results to the | 2 |
| engineer in charge.
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| Under the direction of, and subject to the authority of, | 4 |
| the principal, the
Food Service Manager is responsible at
all | 5 |
| times for the proper operation and maintenance of the lunch | 6 |
| room to which
he is assigned and shall also be responsible for | 7 |
| the orientation, training, and
supervising the work of cooks, | 8 |
| bakers, porters,
and lunchroom attendants under his or
her | 9 |
| direction.
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| There shall be established by the Board a system of | 11 |
| semi-annual
evaluations conducted by the principal as to the | 12 |
| performance of the food
service manager.
Nothing in this | 13 |
| Section shall prevent the principal from conducting
additional | 14 |
| evaluations. An overall numerical rating shall be given by the
| 15 |
| principal based on the
evaluation conducted by the principal. | 16 |
| An unsatisfactory numerical rating
shall
result in | 17 |
| disciplinary action which may include, without limitation and | 18 |
| in
the judgment of the principal, loss of promotion or bidding | 19 |
| procedure,
reprimand, suspension with or without pay, or | 20 |
| recommended dismissal. The board
shall establish rules for | 21 |
| conducting the evaluation and
reporting the results to the food | 22 |
| service manager.
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| Nothing in this Section shall be interpreted to require the | 24 |
| employment or
assignment of an Engineer-In-Charge or a Food | 25 |
| Service Manager for each
attendance center.
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| Principals shall be employed to supervise the educational |
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| operation of
each attendance center. If a principal is absent | 2 |
| due to extended
illness or leave or absence, an assistant | 3 |
| principal may be assigned as
acting principal for a period not | 4 |
| to exceed 100 school days. Each principal
shall assume | 5 |
| administrative responsibility and instructional leadership, in
| 6 |
| accordance with reasonable rules and regulations of the board, | 7 |
| for the
planning, operation and evaluation of the educational | 8 |
| program of the
attendance center to which he is assigned. The | 9 |
| principal shall submit
recommendations to the general | 10 |
| superintendent concerning the appointment,
dismissal, | 11 |
| retention, promotion, and assignment of all personnel assigned | 12 |
| to
the attendance center; provided, that from and after | 13 |
| September 1, 1989: (i) if
any vacancy occurs in a position at | 14 |
| the
attendance center or if an additional or new position is | 15 |
| created at the attendance center, that position shall be filled
| 16 |
| by appointment made by the principal in accordance with | 17 |
| procedures
established and provided by the Board
whenever the | 18 |
| majority of the duties included in that position are to be
| 19 |
| performed at the attendance center which is under the | 20 |
| principal's supervision,
and each such appointment so made by | 21 |
| the principal
shall be made and based upon merit and ability to | 22 |
| perform in that position
without regard to seniority or length | 23 |
| of service, provided, that such
appointments shall be subject | 24 |
| to the Board's desegregation obligations,
including but not | 25 |
| limited to the Consent Decree and Desegregation Plan in
U.S. v. | 26 |
| Chicago Board of Education; (ii)
the principal shall submit |
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| 1 |
| recommendations based upon merit and ability to
perform in the | 2 |
| particular position, without regard to
seniority or length of | 3 |
| service, to the general
superintendent
concerning the | 4 |
| appointment of any teacher, teacher aide, counselor, clerk,
| 5 |
| hall guard, security guard and any other personnel which is
to | 6 |
| be made by the general superintendent whenever less than
a | 7 |
| majority
of the duties of that teacher, teacher aide, | 8 |
| counselor, clerk, hall guard,
and security guard and any other | 9 |
| personnel are to be performed
at the attendance center which is | 10 |
| under the principal's supervision; and
(iii) subject to law and | 11 |
| the applicable collective bargaining agreements,
the authority | 12 |
| and responsibilities of a principal with respect to the
| 13 |
| evaluation of all teachers and other personnel assigned to an | 14 |
| attendance
center shall commence immediately upon his or her | 15 |
| appointment as principal
of the attendance center, without | 16 |
| regard to the length of time that he or
she has been the | 17 |
| principal of that attendance center.
| 18 |
| Notwithstanding the existence of any other law of this | 19 |
| State, nothing in
this Act shall prevent the board from | 20 |
| entering into a contract with a third
party for services | 21 |
| currently performed by any employee or bargaining unit
member.
| 22 |
| Notwithstanding any other provision of this Article, each | 23 |
| principal may
approve contracts, binding on the board, in the | 24 |
| amount of no more than $10,000,
if the contract is endorsed by | 25 |
| the Local School Council.
| 26 |
| Unless otherwise prohibited by law or by rule of the board, |
|
|
|
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| the principal
shall provide to local
school council members | 2 |
| copies of all
internal audits and any other pertinent | 3 |
| information generated by any audits or
reviews of the programs | 4 |
| and operation of the attendance center.
| 5 |
| Each principal shall hold a valid administrative
| 6 |
| certificate issued or exchanged in accordance with Article 21 | 7 |
| and endorsed
as required by that Article for the position of | 8 |
| principal. The board may
establish or impose academic,
| 9 |
| educational, examination, and experience requirements and
| 10 |
| criteria that are in addition
to those established and required | 11 |
| by Article 21 for issuance of a valid
certificate endorsed for | 12 |
| the position of principal as a condition of the nomination, | 13 |
| selection,
appointment,
employment, or continued employment of | 14 |
| a person as principal of any
attendance center, or as a | 15 |
| condition of the renewal of any principal's
performance | 16 |
| contract.
| 17 |
| The board shall specify in its formal job description for | 18 |
| principals,
and from and after July 1, 1990 shall specify in | 19 |
| the 4 year
performance contracts for use with respect to all | 20 |
| principals,
that his or her primary responsibility is in the | 21 |
| improvement of
instruction. A majority of the time spent by a | 22 |
| principal shall be spent on
curriculum and staff development | 23 |
| through both formal and informal
activities, establishing | 24 |
| clear lines of communication regarding school
goals, | 25 |
| accomplishments, practices and policies with parents and | 26 |
| teachers.
The principal, with the assistance of the local |
|
|
|
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| school council, shall
develop a school improvement plan as | 2 |
| provided in Section 34-2.4 and, upon
approval of the plan by | 3 |
| the local school council, shall
be responsible for directing | 4 |
| implementation of the plan. The principal,
with the assistance | 5 |
| of the professional personnel leadership committee, shall
| 6 |
| develop the specific methods and contents of the school's | 7 |
| curriculum within
the board's system-wide curriculum standards | 8 |
| and objectives and the
requirements of the school improvement | 9 |
| plan. The board shall ensure that all
principals are evaluated | 10 |
| on their instructional leadership ability and their
ability to | 11 |
| maintain a positive education and learning climate. It shall | 12 |
| also
be the responsibility of the principal to utilize | 13 |
| resources of proper law
enforcement agencies when the safety | 14 |
| and welfare of students and teachers are
threatened by illegal | 15 |
| use of drugs and alcohol, by illegal use or possession
of | 16 |
| weapons, or by illegal gang activity.
| 17 |
| Nothing in this Section shall prohibit the board and the | 18 |
| exclusive representative of the district's teachers from | 19 |
| entering into an agreement under Section 34-85c of this Code to | 20 |
| establish alternative procedures for teacher evaluation, | 21 |
| remediation, and removal for cause after remediation, | 22 |
| including an alternative system for peer evaluation and | 23 |
| recommendations, for teachers assigned to schools identified | 24 |
| in that agreement.
| 25 |
| On or before October 1, 1989, the Board of Education, in | 26 |
| consultation
with any professional organization representing |
|
|
|
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| 1 |
| principals in the district,
shall promulgate rules and | 2 |
| implement a lottery for the purpose of
determining whether a | 3 |
| principal's existing performance contract (including
the | 4 |
| performance contract applicable to any principal's position in | 5 |
| which a
vacancy then exists) expires on June 30, 1990 or on | 6 |
| June 30, 1991, and
whether the ensuing 4 year performance | 7 |
| contract begins on July 1, 1990 or
July 1, 1991. The Board of | 8 |
| Education shall establish and conduct the
lottery in such | 9 |
| manner that of all the performance contracts of principals
| 10 |
| (including the performance contracts applicable to all | 11 |
| principal positions
in which a vacancy then exists), 50% of | 12 |
| such contracts shall expire on June
30, 1990, and 50% shall | 13 |
| expire on June 30, 1991. All persons serving as
principal on | 14 |
| May 1, 1989, and all persons appointed as principal after May
| 15 |
| 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | 16 |
| other than
as provided by Section 34-2.3, shall be deemed by | 17 |
| operation of
law to be serving under a performance contract | 18 |
| which expires on June 30,
1990 or June 30, 1991; and unless | 19 |
| such performance contract of any such
principal is renewed (or | 20 |
| such person is again appointed to serve as
principal) in the | 21 |
| manner provided by Section 34-2.2 or 34-2.3, the
employment of | 22 |
| such person as principal shall terminate on June 30, 1990
or | 23 |
| June 30, 1991.
| 24 |
| Commencing on July 1, 1990, or on July 1, 1991, and | 25 |
| thereafter, the
principal of each attendance center shall be | 26 |
| the person selected in the
manner provided by Section 34-2.3 to |
|
|
|
HB1890 |
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|
| 1 |
| serve as principal of that attendance
center under a 4 year | 2 |
| performance contract. All performance contracts of
principals | 3 |
| expiring after July 1, 1990, or July 1, 1991, shall commence on
| 4 |
| the date specified in the contract, and the renewal of their | 5 |
| performance
contracts and the appointment of principals when | 6 |
| their performance contracts
are not renewed shall be governed | 7 |
| by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office | 8 |
| of a principal occurs for any reason, the vacancy shall
be | 9 |
| filled by the selection of a new principal to serve under a 4 | 10 |
| year
performance contract in the manner provided by Section | 11 |
| 34-2.3.
| 12 |
| The board of education shall develop and prepare, in | 13 |
| consultation with
the organization representing principals, a | 14 |
| performance contract for
use
at all attendance centers, and | 15 |
| shall furnish the same to each local school
council. The term | 16 |
| of the performance contract shall be 4 years, unless the
| 17 |
| principal is retained by the decision of a hearing officer | 18 |
| pursuant to
subdivision 1.5 of Section 34-2.3, in which case | 19 |
| the contract shall be
extended for 2 years. The performance
| 20 |
| contract of each principal shall consist of the
uniform | 21 |
| performance contract, as developed or from time to time | 22 |
| modified by the
board, and such additional criteria as are | 23 |
| established by a local school
council pursuant to Section | 24 |
| 34-2.3 for the performance contract of its
principal.
| 25 |
| During the term of his or her performance contract, a | 26 |
| principal may be
removed only as provided for in the |
|
|
|
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| 1 |
| performance contract except for cause.
He or she shall also be | 2 |
| obliged to follow the rules of the board of
education | 3 |
| concerning conduct and efficiency.
| 4 |
| In the event the performance contract of a principal is not | 5 |
| renewed or a
principal is not reappointed as principal under a | 6 |
| new performance contract,
or in the event a principal is | 7 |
| appointed to any position of
superintendent or higher position, | 8 |
| or voluntarily
resigns his position of principal, his or her | 9 |
| employment as a principal
shall terminate and such former | 10 |
| principal shall not be
reinstated to the position from which he | 11 |
| or she was promoted to principal,
except that he or she, if | 12 |
| otherwise qualified and certified in accordance
with Article | 13 |
| 21, shall be placed by the board on appropriate eligibility
| 14 |
| lists which it prepares for use in the filling of vacant or | 15 |
| additional or
newly created positions for teachers. The | 16 |
| principal's total years of
service to the board as both a | 17 |
| teacher and a principal, or in other
professional capacities, | 18 |
| shall be used in calculating years of experience
for purposes | 19 |
| of being selected as a teacher into new, additional or vacant
| 20 |
| positions.
| 21 |
| In the event the performance contract of a principal is not | 22 |
| renewed or
a principal is not reappointed as principal under a | 23 |
| new performance
contract, such principal shall be eligible to | 24 |
| continue to receive his or
her previously provided level of | 25 |
| health insurance benefits for a period of
90 days following the | 26 |
| non-renewal of the contract at no expense to the
principal, |
|
|
|
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LRB095 11012 NHT 31854 b |
|
| 1 |
| provided that such principal has not retired.
| 2 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-48, eff. 7-1-03; revised | 3 |
| 9-11-03.)
| 4 |
| (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| 5 |
| Sec. 34-85. Removal for cause; Notice and hearing; | 6 |
| Suspension. No
teacher employed by the board of education shall | 7 |
| (after serving the
probationary period specified in Section | 8 |
| 34-84) be removed
except for cause. Teachers (who have | 9 |
| completed the probationary period specified in Section 34-84 of | 10 |
| this Code) shall be removed for cause in accordance with the | 11 |
| procedures set forth in this Section or such other procedures | 12 |
| established in an agreement entered into between the board and | 13 |
| the exclusive representative of the district's teachers under | 14 |
| Section 34-85c of this Code for teachers (who have completed | 15 |
| the probationary period specified in Section 34-84 of this | 16 |
| Code) assigned to schools identified in that agreement. No | 17 |
| principal employed by the board of education shall be
removed | 18 |
| during the term of his or her performance contract except for
| 19 |
| cause, which may include but is not limited to the principal's | 20 |
| repeated
failure to implement the school improvement plan or to | 21 |
| comply with the
provisions of the Uniform Performance Contract, | 22 |
| including additional
criteria established by the Council for | 23 |
| inclusion in the performance
contract pursuant to Section | 24 |
| 34-2.3.
| 25 |
| The general superintendent must first approve written |
|
|
|
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LRB095 11012 NHT 31854 b |
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| 1 |
| charges and specifications against the
teacher or
principal. A | 2 |
| local school council may direct the
general superintendent to | 3 |
| approve written charges against its principal on behalf of the | 4 |
| Council
upon the vote of 7 members of the Council. The general | 5 |
| superintendent must
approve those charges within 45 days
or | 6 |
| provide a written
reason for not approving those charges. A
| 7 |
| written notice of those charges
shall be served upon the | 8 |
| teacher or principal within 10 days of the
approval of the | 9 |
| charges. If the teacher or principal cannot be found upon | 10 |
| diligent
inquiry, such charges may be served upon him by | 11 |
| mailing a copy thereof in a
sealed envelope by prepaid | 12 |
| certified mail, return receipt requested, to the
teacher's or | 13 |
| principal's last known address. A return receipt showing
| 14 |
| delivery to such address within 20 days after the date of the
| 15 |
| approval of the charges shall constitute proof of service.
| 16 |
| No hearing upon the charges is required unless the teacher | 17 |
| or principal
within 10
days after receiving notice requests in | 18 |
| writing of the general
superintendent that a hearing
be | 19 |
| scheduled, in which case the general superintendent shall
| 20 |
| schedule a hearing on those
charges before a disinterested | 21 |
| hearing officer on a date no less than 15
nor more than 30 days | 22 |
| after the approval of the charges. The general superintendent | 23 |
| shall forward a copy of the notice to the State Board of
| 24 |
| Education within 5 days from the date of the approval of the | 25 |
| charges.
Within 10 days after receiving the notice of hearing, | 26 |
| the State Board
of
Education shall provide the teacher or |
|
|
|
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| 1 |
| principal and the general
superintendent with a list
of 5 | 2 |
| prospective, impartial hearing officers. Each person on the | 3 |
| list must
be accredited by a national arbitration organization | 4 |
| and have had a minimum
of 5 years of experience as an | 5 |
| arbitrator in cases involving labor and
employment
relations | 6 |
| matters between educational employers and educational | 7 |
| employees or
their exclusive bargaining representatives.
| 8 |
| The general superintendent and the teacher or principal or
| 9 |
| their legal representatives
within 3 days from receipt of the | 10 |
| list shall alternately strike one name
from the list until only | 11 |
| one name remains. Unless waived by the teacher,
the teacher or | 12 |
| principal shall
have the right to proceed first with the | 13 |
| striking. Within 3 days of receipt
of the first list provided | 14 |
| by the State Board of Education, the general
superintendent and | 15 |
| the teacher or principal or their legal representatives
shall
| 16 |
| each have the right to reject all prospective hearing officers | 17 |
| named on the
first list and to require the State Board of | 18 |
| Education to provide a second list
of 5 prospective, impartial | 19 |
| hearing officers, none of whom were named on the
first list. | 20 |
| Within 5 days after receiving this request for a second list, | 21 |
| the
State Board of Education shall provide the second list of 5 | 22 |
| prospective,
impartial hearing officers. The procedure for | 23 |
| selecting a hearing officer from
the second list shall be the | 24 |
| same as the procedure for the first list. Each
party
shall | 25 |
| promptly
serve written notice on the other of any name stricken | 26 |
| from the list. If
the teacher or principal fails to do so, the |
|
|
|
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|
| 1 |
| general superintendent may select the hearing
officer from any | 2 |
| name remaining on the list. The teacher or principal
may waive | 3 |
| the hearing at any time prior to the appointment of the hearing
| 4 |
| officer. Notice of the selection of the hearing officer shall | 5 |
| be given
to the State Board of Education. The hearing officer | 6 |
| shall be notified
of his selection by the State Board of | 7 |
| Education. A signed acceptance
shall be filed with the State | 8 |
| Board of Education within 5 days of receipt
of notice of the | 9 |
| selection. The State Board of Education shall notify the
| 10 |
| teacher or principal and the board of its appointment of the | 11 |
| hearing officer.
In the alternative to selecting a hearing | 12 |
| officer from the first or second
list received from the State | 13 |
| Board of Education, the general superintendent and
the teacher | 14 |
| or principal or their legal representatives may mutually agree | 15 |
| to
select an impartial hearing officer who is not on a list | 16 |
| received from the
State Board of Education, either by direct | 17 |
| appointment by the parties or by
using procedures for the | 18 |
| appointment of an arbitrator established by the
Federal | 19 |
| Mediation and Conciliation Service or the American Arbitration
| 20 |
| Association. The parties shall notify the State Board of | 21 |
| Education of their
intent to select a hearing officer using an | 22 |
| alternative procedure within 3 days
of receipt of a list of | 23 |
| prospective hearing officers provided by the State
Board of | 24 |
| Education. Any person selected by the parties under this | 25 |
| alternative
procedure for the selection of a hearing officer | 26 |
| shall have the same
qualifications and authority as a hearing |
|
|
|
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LRB095 11012 NHT 31854 b |
|
| 1 |
| officer selected from a list provided
by the State Board of | 2 |
| Education. The teacher or principal may waive the
hearing at | 3 |
| any time prior to the appointment of the hearing officer. The
| 4 |
| State Board of
Education shall
promulgate
uniform
standards and | 5 |
| rules
of procedure for such hearings, including reasonable | 6 |
| rules of discovery.
| 7 |
| The per diem allowance for the hearing officer shall be | 8 |
| paid by the State
Board of Education. The hearing officer shall | 9 |
| hold a hearing and render
findings of fact and a recommendation | 10 |
| to the general superintendent. The teacher or principal has the
| 11 |
| privilege of being present at the hearing with counsel and of
| 12 |
| cross-examining witnesses and may offer evidence and witnesses | 13 |
| and present
defenses to the charges. The hearing officer may | 14 |
| issue subpoenas requiring
the attendance of witnesses and, at | 15 |
| the request of the teacher or principal
against whom a charge | 16 |
| is made or the general superintendent,
shall issue such | 17 |
| subpoenas, but
the hearing officer may limit the number of | 18 |
| witnesses to be subpoenaed in
behalf of the teacher or | 19 |
| principal or the general superintendent
to not more than 10 | 20 |
| each.
All testimony at the hearing shall be taken under oath | 21 |
| administered by the
hearing officer. The hearing officer shall | 22 |
| cause a record of the
proceedings to be kept and shall employ a | 23 |
| competent reporter to take
stenographic or stenotype notes of | 24 |
| all the testimony. The costs of the
reporter's attendance and | 25 |
| services at the hearing shall be paid by the
State Board of | 26 |
| Education. Either party desiring a transcript of the
hearing |
|
|
|
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LRB095 11012 NHT 31854 b |
|
| 1 |
| shall pay for the cost thereof.
| 2 |
| Pending the hearing of the charges, the person charged may | 3 |
| be suspended
in accordance with rules prescribed by the board | 4 |
| but such person, if
acquitted, shall not suffer any loss of | 5 |
| salary by reason of the suspension.
| 6 |
| Before service of notice of charges on account of causes | 7 |
| that may be
deemed to be remediable, the teacher or principal | 8 |
| shall be given reasonable
warning in writing, stating | 9 |
| specifically the causes which, if not removed,
may result in | 10 |
| charges; however, no such written warning shall be required
if | 11 |
| the causes have been the subject of a remediation plan pursuant | 12 |
| to
Article 24A or where the board of education and the | 13 |
| exclusive representative of the district's teachers have | 14 |
| entered into an agreement pursuant to Section 34-85c of this | 15 |
| Code, pursuant to an alternative system of remediation . No | 16 |
| written warning shall be required for conduct on the part of
a | 17 |
| teacher or principal which is cruel, immoral, negligent, or | 18 |
| criminal or which
in any way causes psychological or physical | 19 |
| harm or injury to a student as that
conduct is deemed to be | 20 |
| irremediable. No written warning shall be required for
a | 21 |
| material breach of the uniform principal performance contract | 22 |
| as that conduct
is deemed to be irremediable; provided however, | 23 |
| that not less than 30 days
before the vote of the local school | 24 |
| council to seek the dismissal of a
principal for a material | 25 |
| breach of a uniform principal performance contract,
the local | 26 |
| school council shall specify the nature of the alleged breach |
|
|
|
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LRB095 11012 NHT 31854 b |
|
| 1 |
| in
writing and provide a copy of it to the principal.
| 2 |
| The hearing officer shall consider and give weight to all | 3 |
| of the
teacher's evaluations written pursuant to Article 24A.
| 4 |
| The hearing officer shall within 45 days from the | 5 |
| conclusion of the hearing
report to the general superintendent | 6 |
| findings of fact and a recommendation as to whether or not the | 7 |
| teacher or principal shall
be dismissed and shall give a copy | 8 |
| of the report to both the
teacher or
principal and the general | 9 |
| superintendent. The board, within 45
days of receipt of the | 10 |
| hearing officer's findings of fact and recommendation,
shall | 11 |
| make a decision as to whether the teacher or principal shall be | 12 |
| dismissed
from its employ. The failure of the board to strictly | 13 |
| adhere to the timeliness
contained herein shall not render it | 14 |
| without jurisdiction to dismiss the
teacher
or principal. If | 15 |
| the hearing
officer fails to render a decision within 45 days, | 16 |
| the State Board of
Education shall communicate with the hearing | 17 |
| officer to determine the date that
the parties can reasonably | 18 |
| expect to receive the decision. The State Board of
Education | 19 |
| shall provide copies of all such communications to the parties. | 20 |
| In
the event the hearing officer fails without good cause
to | 21 |
| make a decision within the 45 day period, the name of such | 22 |
| hearing
officer
shall be struck for a period not less than 24 | 23 |
| months from the master
list
of hearing officers maintained by | 24 |
| the State Board of Education. The board
shall not lose | 25 |
| jurisdiction to discharge the teacher or principal if the
| 26 |
| hearing officer fails to render a decision within the time |
|
|
|
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|
| 1 |
| specified in this
Section. If a hearing officer fails to render | 2 |
| a decision within 3 months after
the hearing is declared | 3 |
| closed, the State Board of Education shall provide the
parties | 4 |
| with a new list of prospective, impartial hearing officers, | 5 |
| with the
same qualifications provided herein, one of whom shall | 6 |
| be selected, as provided
in this Section, to rehear the charges | 7 |
| heard by the hearing officer who failed
to render a decision. | 8 |
| The parties may also select a hearing officer pursuant
to the | 9 |
| alternative procedure, as provided in this Section, to rehear | 10 |
| the
charges heard by the hearing officer who failed to render a | 11 |
| decision. A
violation of the professional standards set forth | 12 |
| in "The Code of
Professional Responsibility for Arbitrators of | 13 |
| Labor-Management Disputes",
of the National Academy of | 14 |
| Arbitrators, the American Arbitration
Association, and the | 15 |
| Federal Mediation and Conciliation Service, or the
failure of a | 16 |
| hearing officer to render a decision within 3 months after the
| 17 |
| hearing is declared closed shall be grounds for removal of the | 18 |
| hearing
officer from the master list of
hearing officers | 19 |
| maintained by the State Board of Education. The decision
of the | 20 |
| board is final unless reviewed as provided in
Section
34-85b of | 21 |
| this Act.
| 22 |
| In the event judicial review is instituted, any costs of | 23 |
| preparing and
filing the record of proceedings shall be paid by | 24 |
| the party instituting
the review. If a decision of the board
| 25 |
| hearing officer is adjudicated upon review
or appeal in favor | 26 |
| of the teacher or principal, then the trial court shall
order |
|
|
|
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|
| 1 |
| reinstatement and shall determine the amount for which the | 2 |
| board is
liable including but not limited to loss of income and | 3 |
| costs incurred therein.
Nothing in this Section affects the | 4 |
| validity of removal for cause hearings
commenced prior to the | 5 |
| effective date of this amendatory Act of 1978.
| 6 |
| (Source: P.A. 89-15, eff. 5-30-95.)
| 7 |
| (105 ILCS 5/34-85b) (from Ch. 122, par. 34-85b)
| 8 |
| Sec. 34-85b. The provisions of the Administrative Review | 9 |
| Law, and all
amendments and modifications thereof and
the rules | 10 |
| adopted pursuant thereto, shall apply to and govern all
| 11 |
| proceedings instituted for the judicial review by either the | 12 |
| employee, teacher, or
a principal or the board of final | 13 |
| administrative decisions of the board
hearing
officer under | 14 |
| Sections 34-15 and
34-85 of this Act. The term
"administrative | 15 |
| decision" is defined as in Section 3-101 of the Code of Civil | 16 |
| Procedure.
| 17 |
| (Source: P.A. 82-783.)
| 18 |
| (105 ILCS 5/34-85c new) | 19 |
| Sec. 34-85c. Alternative procedures for teacher | 20 |
| evaluation, remediation, and removal for cause after | 21 |
| remediation. | 22 |
| (a) Notwithstanding any law to the contrary, the board and | 23 |
| the exclusive representative of the district's teachers are | 24 |
| hereby authorized to enter into an agreement to establish |
|
|
|
HB1890 |
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LRB095 11012 NHT 31854 b |
|
| 1 |
| alternative procedures for teacher evaluation, remediation, | 2 |
| and removal for cause after remediation, including an | 3 |
| alternative system for peer evaluation and recommendations. | 4 |
| Pursuant exclusively to that agreement, teachers assigned to | 5 |
| schools identified in that agreement shall be subject to an | 6 |
| alternative performance evaluation plan and remediation | 7 |
| procedures in lieu of the plan and procedures set forth in | 8 |
| Article 24A of this Code and alternative removal for cause | 9 |
| standards and procedures in lieu of the removal standards and | 10 |
| procedures set forth in Sections 34-85 and 34-85b of this Code. | 11 |
| To the extent that the agreement provides a teacher with an | 12 |
| opportunity for a hearing on removal for cause before an | 13 |
| independent hearing officer in accordance with Sections 34-85 | 14 |
| and 34-85b or otherwise, the hearing officer shall be governed | 15 |
| by the alternative performance evaluation plan, remediation | 16 |
| procedures, and removal standards and procedures set forth in | 17 |
| the agreement in making findings of fact and a recommendation. | 18 |
| (b) The board and the exclusive representative of the | 19 |
| district's teachers shall submit a certified copy of an | 20 |
| agreement as provided under subsection (a) of this Section to | 21 |
| the State Board of Education.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
|
|