Illinois General Assembly - Full Text of SB0630
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Full Text of SB0630  97th General Assembly


Rep. Barbara Flynn Currie

Filed: 5/29/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 630 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Section
524-11 as follows:
6    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
7    Sec. 24-11. Boards of Education - Boards of School
8Inspectors - Contractual continued service. As used in this and
9and the succeeding Sections of this Article:
10    "Teacher" means any or all school district employees
11regularly required to be certified under laws relating to the
12certification of teachers.
13    "Board" means board of directors, board of education, or
14board of school inspectors, as the case may be.
15    "School term" means that portion of the school year, July 1
16to the following June 30, when school is in actual session.



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1    This Section and Sections 24-12 through 24-16 of this
2Article apply only to school districts having less than 500,000
4    Any teacher who has been employed in any district as a
5full-time teacher for a probationary period of 2 consecutive
6school terms shall enter upon contractual continued service
7unless given written notice of dismissal stating the specific
8reason therefor, by certified mail, return receipt requested by
9the employing board at least 45 days before the end of such
10period; except that for a teacher who is first employed as a
11full-time teacher by a school district on or after January 1,
121998 and who has not before that date already entered upon
13contractual continued service in that district, the
14probationary period shall be 4 consecutive school terms before
15the teacher shall enter upon contractual continued service. For
16the purpose of determining contractual continued service, the
17first probationary year shall be any full-time employment from
18a date before November 1 through the end of the school year.
19If, however, a teacher who was first employed prior to January
201, 1998 has not had one school term of full-time teaching
21experience before the beginning of a probationary period of 2
22consecutive school terms, the employing board may at its option
23extend the probationary period for one additional school term
24by giving the teacher written notice by certified mail, return
25receipt requested, at least 45 days before the end of the
26second school term of the period of 2 consecutive school terms



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1referred to above. This notice must state the reasons for the
2one year extension and must outline the corrective actions that
3the teacher must take to satisfactorily complete probation. The
4changes made by this amendatory Act of 1998 are declaratory of
5existing law.
6    Any full-time teacher who is not completing the last year
7of the probationary period described in the preceding
8paragraph, or any teacher employed on a full-time basis not
9later than January 1 of the school term, shall receive written
10notice from the employing board at least 45 days before the end
11of any school term whether or not he will be re-employed for
12the following school term. If the board fails to give such
13notice, the employee shall be deemed reemployed, and not later
14than the close of the then current school term the board shall
15issue a regular contract to the employee as though the board
16had reemployed him in the usual manner.
17    Contractual continued service shall continue in effect the
18terms and provisions of the contract with the teacher during
19the last school term of the probationary period, subject to
20this Act and the lawful regulations of the employing board.
21This Section and succeeding Sections do not modify any existing
22power of the board except with respect to the procedure of the
23discharge of a teacher and reductions in salary as hereinafter
24provided. Contractual continued service status shall not
25restrict the power of the board to transfer a teacher to a
26position which the teacher is qualified to fill or to make such



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1salary adjustments as it deems desirable, but unless reductions
2in salary are uniform or based upon some reasonable
3classification, any teacher whose salary is reduced shall be
4entitled to a notice and a hearing as hereinafter provided in
5the case of certain dismissals or removals.
6    The employment of any teacher in a program of a special
7education joint agreement established under Section 3-15.14,
810-22.31 or 10-22.31a shall be under this and succeeding
9Sections of this Article. For purposes of attaining and
10maintaining contractual continued service and computing length
11of continuing service as referred to in this Section and
12Section 24-12, employment in a special educational joint
13program shall be deemed a continuation of all previous
14certificated employment of such teacher for such joint
15agreement whether the employer of the teacher was the joint
16agreement, the regional superintendent, or one of the
17participating districts in the joint agreement.
18    Any teacher employed after July 1, 1987 as a full-time
19teacher in a program of a special education joint agreement,
20whether the program is operated by the joint agreement or a
21member district on behalf of the joint agreement, for a
22probationary period of two consecutive years shall enter upon
23contractual continued service in all of the programs conducted
24by such joint agreement which the teacher is legally qualified
25to hold; except that for a teacher who is first employed on or
26after January 1, 1998 in a program of a special education joint



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1agreement and who has not before that date already entered upon
2contractual continued service in all of the programs conducted
3by the joint agreement that the teacher is legally qualified to
4hold, the probationary period shall be 4 consecutive years
5before the teacher enters upon contractual continued service in
6all of those programs. In the event of a reduction in the
7number of programs or positions in the joint agreement, the
8teacher on contractual continued service shall be eligible for
9employment in the joint agreement programs for which the
10teacher is legally qualified in order of greater length of
11continuing service in the joint agreement unless an alternative
12method of determining the sequence of dismissal is established
13in a collective bargaining agreement. In the event of the
14dissolution of a joint agreement, the teacher on contractual
15continued service who is legally qualified shall be assigned to
16any comparable position in a member district currently held by
17a teacher who has not entered upon contractual continued
18service or held by a teacher who has entered upon contractual
19continued service with shorter length of contractual continued
21    The governing board of the joint agreement, or the
22administrative district, if so authorized by the articles of
23agreement of the joint agreement, rather than the board of
24education of a school district, may carry out employment and
25termination actions including dismissals under this Section
26and Section 24-12.



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1    For purposes of this and succeeding Sections of this
2Article, a program of a special educational joint agreement
3shall be defined as instructional, consultative, supervisory,
4administrative, diagnostic, and related services which are
5managed by the special educational joint agreement designed to
6service two or more districts which are members of the joint
8    Each joint agreement shall be required to post by February
91, a list of all its employees in order of length of continuing
10service in the joint agreement, unless an alternative method of
11determining a sequence of dismissal is established in an
12applicable collective bargaining agreement.
13    The employment of any teacher in a special education
14program authorized by Section 14-1.01 through 14-14.01, or a
15joint educational program established under Section 10-22.31a,
16shall be under this and the succeeding Sections of this
17Article, and such employment shall be deemed a continuation of
18the previous employment of such teacher in any of the
19participating districts, regardless of the participation of
20other districts in the program. Any teacher employed as a
21full-time teacher in a special education program prior to
22September 23, 1987 in which 2 or more school districts
23participate for a probationary period of 2 consecutive years
24shall enter upon contractual continued service in each of the
25participating districts, subject to this and the succeeding
26Sections of this Article, and in the event of the termination



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1of the program shall be eligible for any vacant position in any
2of such districts for which such teacher is qualified.
3(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)".