Full Text of HB5546 98th General Assembly
HB5546sam001 98TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 5/26/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5546
| 2 | | AMENDMENT NO. ______. Amend House Bill 5546 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 2-3.153, 10-17a, 24-12, and 24A-5 as follows: | 6 | | (105 ILCS 5/2-3.153) | 7 | | Sec. 2-3.153. Survey of learning conditions. | 8 | | (a) The State Board of Education shall select for statewide | 9 | | administration an instrument to provide feedback from, at a | 10 | | minimum, students in grades 6 through 12 and teachers on the | 11 | | instructional environment within a school after giving | 12 | | consideration to the recommendations of the Performance | 13 | | Evaluation Advisory Council made pursuant to subdivision (6) of | 14 | | subsection (a) of Section 24A-20 of this Code. Subject to | 15 | | appropriation to the State Board of Education for the State's | 16 | | cost of development and administration and , subject to |
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| 1 | | subsections (b) and (c) of this Section commencing with the | 2 | | 2012-2013 school year , each school district shall administer, | 3 | | at least biennially biannually , the instrument in every public | 4 | | school attendance center by a date specified by the State | 5 | | Superintendent of Education, and data resulting from the | 6 | | instrument's administration must be provided to the State Board | 7 | | of Education. The survey component that requires completion by | 8 | | the teachers must be administered during teacher meetings or | 9 | | professional development days or at other times that would not | 10 | | interfere with the teachers' regular classroom and direct | 11 | | instructional duties. The State Superintendent, following | 12 | | consultation with teachers, principals, and other appropriate | 13 | | stakeholders, shall publicly report on selected indicators of | 14 | | learning conditions resulting from administration of the | 15 | | instrument at the individual school, district, and State levels | 16 | | and shall identify whether the indicators result from an | 17 | | anonymous administration of the instrument. If in any year the | 18 | | appropriation to the State Board of Education is insufficient | 19 | | for the State's costs associated with statewide administration | 20 | | of the instrument, the State Board of Education shall give | 21 | | priority to districts with low-performing schools and a | 22 | | representative sample of other districts.
| 23 | | (b) A school district may elect to use, on a district-wide | 24 | | basis and at the school district's sole cost and expense, an | 25 | | alternate survey of learning conditions instrument | 26 | | pre-approved by the State Superintendent under subsection (c) |
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| 1 | | of this Section in lieu of the statewide survey instrument | 2 | | selected under subsection (a) of this Section, provided that: | 3 | | (1) the school district notifies the State Board of | 4 | | Education, on a form provided by the State Superintendent, | 5 | | of its intent to administer an alternate instrument on or | 6 | | before a date established by the State Superintendent for | 7 | | the 2014-2015 school year and August 1 of each subsequent | 8 | | school year during which the instrument will be | 9 | | administered; | 10 | | (2) the notification submitted to the State Board under | 11 | | paragraph (1) of this subsection (b) must be accompanied by | 12 | | a certification signed by the president of the local | 13 | | teachers' exclusive bargaining representative and | 14 | | president of the school board indicating that the alternate | 15 | | survey has been agreed to by the teachers' exclusive | 16 | | bargaining representative and the school board; | 17 | | (3) the school district's administration of the | 18 | | alternate instrument, including providing to the State | 19 | | Board of Education data and reports suitable to be | 20 | | published on school report cards and the State School | 21 | | Report Card Internet website, is performed in accordance | 22 | | with the requirements of subsection (a) of this Section; | 23 | | and | 24 | | (4) the alternate instrument is administered each | 25 | | school year that the statewide survey instrument is | 26 | | administered; if the statewide survey is not administrated |
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| 1 | | in a given school year, the school district is not required | 2 | | to provide the alternative instrument in that given school | 3 | | year. | 4 | | (c) The State Superintendent, in consultation with | 5 | | teachers, principals, superintendents, and other appropriate | 6 | | stakeholders, shall administer an approval process through | 7 | | which at least 2, but not more than 3, alternate survey of | 8 | | learning conditions instruments will be approved by the State | 9 | | Superintendent following a determination by the State | 10 | | Superintendent that each approved instrument: | 11 | | (1) meets all requirements of subsection (a) of this | 12 | | Section; | 13 | | (2) provides a summation of indicator results of the | 14 | | alternative survey by a date established by the State | 15 | | Superintendent in a manner that allows the indicator | 16 | | results to be included on school report cards pursuant to | 17 | | Section 10-17a of this Code by October 31 of the school | 18 | | year following the instrument's administration; | 19 | | (3) provides summary reports for each district and | 20 | | attendance center intended for parents and community | 21 | | stakeholders; | 22 | | (4) meets scale reliability requirements using | 23 | | accepted testing measures; | 24 | | (5) provides research-based evidence linking | 25 | | instrument content to one or more improved student | 26 | | outcomes; and |
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| 1 | | (6) has undergone and documented testing to prove | 2 | | validity. | 3 | | The State Superintendent shall periodically review and update | 4 | | the list of approved alternate survey instruments, provided | 5 | | that at least 2, but no more than 3, alternate survey | 6 | | instruments shall be approved for use during any school year. | 7 | | (d) Nothing contained in this amendatory Act of the 98th | 8 | | General Assembly repeals, supersedes, invalidates, or | 9 | | nullifies final decisions in lawsuits pending on the effective | 10 | | date of this amendatory Act of the 98th General Assembly in | 11 | | Illinois courts involving the interpretation of Public Act | 12 | | 97-8. | 13 | | (Source: P.A. 97-8, eff. 6-13-11; 97-813, eff. 7-13-12.)
| 14 | | (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
| 15 | | Sec. 10-17a. State, school district, and school report | 16 | | cards.
| 17 | | (1) By October 31, 2013 and October 31 of each subsequent | 18 | | school year, the State Board of Education, through the State | 19 | | Superintendent of Education, shall prepare a State report card, | 20 | | school district report cards, and school report cards, and | 21 | | shall by the most economic means provide to each school
| 22 | | district in this State, including special charter districts and | 23 | | districts
subject to the provisions of Article 34, the report | 24 | | cards for the school district and each of its schools. | 25 | | (2) In addition to any information required by federal law, |
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| 1 | | the State Superintendent shall determine the indicators and | 2 | | presentation of the school report card, which must include, at | 3 | | a minimum, the most current data possessed by the State Board | 4 | | of Education related to the following: | 5 | | (A) school characteristics and student demographics, | 6 | | including average class size, average teaching experience, | 7 | | student racial/ethnic breakdown, and the percentage of | 8 | | students classified as low-income; the percentage of | 9 | | students classified as limited English proficiency; the | 10 | | percentage of students who have individualized education | 11 | | plans or 504 plans that provide for special education | 12 | | services; the percentage of students who annually | 13 | | transferred in or out of the school district; the per-pupil | 14 | | operating expenditure of the school district; and the | 15 | | per-pupil State average operating expenditure for the | 16 | | district type (elementary, high school, or unit); | 17 | | (B) curriculum information, including, where | 18 | | applicable, Advanced Placement, International | 19 | | Baccalaureate or equivalent courses, dual enrollment | 20 | | courses, foreign language classes, school personnel | 21 | | resources (including Career Technical Education teachers), | 22 | | before and after school programs, extracurricular | 23 | | activities, subjects in which elective classes are | 24 | | offered, health and wellness initiatives (including the | 25 | | average number of days of Physical Education per week per | 26 | | student), approved programs of study, awards received, |
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| 1 | | community partnerships, and special programs such as | 2 | | programming for the gifted and talented, students with | 3 | | disabilities, and work-study students; | 4 | | (C) student outcomes, including, where applicable, the | 5 | | percentage of students meeting as well as exceeding State | 6 | | standards on assessments, the percentage of students in the | 7 | | eighth grade who pass Algebra, the percentage of students | 8 | | enrolled in post-secondary institutions (including | 9 | | colleges, universities, community colleges, | 10 | | trade/vocational schools, and training programs leading to | 11 | | career certification within 2 semesters of high school | 12 | | graduation), the percentage of students graduating from | 13 | | high school who are college ready, the percentage of | 14 | | students graduating from high school who are career ready, | 15 | | and the percentage of graduates enrolled in community | 16 | | colleges, colleges, and universities who are in one or more | 17 | | courses that the community college, college, or university | 18 | | identifies as a remedial course; | 19 | | (D) student progress, including, where applicable, the | 20 | | percentage of students in the ninth grade who have earned 5 | 21 | | credits or more without failing more than one core class, a | 22 | | measure of students entering kindergarten ready to learn, a | 23 | | measure of growth, and the percentage of students who enter | 24 | | high school on track for college and career readiness; and | 25 | | (E) the school environment, including, where | 26 | | applicable, the percentage of students with less than 10 |
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| 1 | | absences in a school year, the percentage of teachers with | 2 | | less than 10 absences in a school year for reasons other | 3 | | than professional development, leaves taken pursuant to | 4 | | the federal Family Medical Leave Act of 1993, long-term | 5 | | disability, or parental leaves, the 3-year average of the | 6 | | percentage of teachers returning to the school from the | 7 | | previous year, the number of different principals at the | 8 | | school in the last 6 years, 2 or more indicators from any | 9 | | school climate survey selected or approved developed by the | 10 | | State and administered pursuant to Section 2-3.153 of this | 11 | | Code, with the same or similar indicators included on | 12 | | school report cards for all surveys selected or approved by | 13 | | the State pursuant to Section 2-3.153 of this Code, and the | 14 | | combined percentage of teachers rated as proficient or | 15 | | excellent in their most recent evaluation. | 16 | | The school report card shall also provide
information that | 17 | | allows for comparing the current outcome, progress, and | 18 | | environment data to the State average, to the school data from | 19 | | the past 5 years, and to the outcomes, progress, and | 20 | | environment of similar schools based on the type of school and | 21 | | enrollment of low-income, special education, and limited | 22 | | English proficiency students.
| 23 | | (3) At the discretion of the State Superintendent, the | 24 | | school district report card shall include a subset of the | 25 | | information identified in paragraphs (A) through (E) of | 26 | | subsection (2) of this Section, as well as information relating |
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| 1 | | to the operating expense per pupil and other finances of the | 2 | | school district, and the State report card shall include a | 3 | | subset of the information identified in paragraphs (A) through | 4 | | (E) of subsection (2) of this Section. | 5 | | (4) Notwithstanding anything to the contrary in this | 6 | | Section, in consultation with key education stakeholders, the | 7 | | State Superintendent shall at any time have the discretion to | 8 | | amend or update any and all metrics on the school, district, or | 9 | | State report card. | 10 | | (5) Annually, no more than 30 calendar days after receipt | 11 | | of the school district and school report cards from the State | 12 | | Superintendent of Education, each school district, including | 13 | | special charter districts and districts subject to the | 14 | | provisions of Article 34, shall present such report
cards at a | 15 | | regular school board meeting subject to
applicable notice | 16 | | requirements, post the report cards
on the
school district's | 17 | | Internet web site, if the district maintains an Internet web
| 18 | | site, make the report cards
available
to a newspaper of general | 19 | | circulation serving the district, and, upon
request, send the | 20 | | report cards
home to a parent (unless the district does not | 21 | | maintain an Internet web site,
in which case
the report card | 22 | | shall be sent home to parents without request). If the
district | 23 | | posts the report card on its Internet web
site, the district
| 24 | | shall send a
written notice home to parents stating (i) that | 25 | | the report card is available on
the web site,
(ii) the address | 26 | | of the web site, (iii) that a printed copy of the report card
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| 1 | | will be sent to
parents upon request, and (iv) the telephone | 2 | | number that parents may
call to
request a printed copy of the | 3 | | report card.
| 4 | | (6) Nothing contained in this amendatory Act of the 98th | 5 | | General Assembly repeals, supersedes, invalidates, or | 6 | | nullifies final decisions in lawsuits pending on the effective | 7 | | date of this amendatory Act of the 98th General Assembly in | 8 | | Illinois courts involving the interpretation of Public Act | 9 | | 97-8. | 10 | | (Source: P.A. 97-671, eff. 1-24-12; 98-463, eff. 8-16-13.)
| 11 | | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| 12 | | Sec. 24-12. Removal or dismissal of teachers in contractual
| 13 | | continued service. | 14 | | (a) This subsection (a) applies only to honorable | 15 | | dismissals and recalls in which the notice of dismissal is | 16 | | provided on or before the end of the 2010-2011 school term. If | 17 | | a teacher in contractual continued service is
removed or | 18 | | dismissed as a result of a decision of the board to decrease
| 19 | | the number of teachers employed by the board or to discontinue | 20 | | some
particular type of teaching service, written notice shall | 21 | | be mailed to the
teacher and also given the
teacher either by | 22 | | certified mail, return receipt requested or
personal delivery | 23 | | with receipt at least 60
days before
the end of the school | 24 | | term, together with a statement of honorable
dismissal and the | 25 | | reason therefor, and in all such cases the board shall
first |
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| 1 | | remove or dismiss all teachers who have not entered upon | 2 | | contractual
continued service before removing or dismissing | 3 | | any teacher who has entered
upon contractual continued service | 4 | | and who is legally qualified to hold a
position currently held | 5 | | by a teacher who has not entered upon contractual
continued | 6 | | service. | 7 | | As between teachers who have entered upon contractual
| 8 | | continued service, the teacher or teachers with the shorter | 9 | | length of
continuing service with the district shall be | 10 | | dismissed first
unless an alternative method of determining the | 11 | | sequence of dismissal is
established in a collective bargaining | 12 | | agreement or contract between the
board and a professional | 13 | | faculty members' organization and except that
this provision | 14 | | shall not impair the operation of any affirmative action
| 15 | | program in the district, regardless of whether it exists by | 16 | | operation of
law or is conducted on a voluntary basis by the | 17 | | board. Any teacher
dismissed as a result of such decrease or | 18 | | discontinuance shall be paid
all earned compensation on or | 19 | | before the third business day following
the last day of pupil | 20 | | attendance in the regular school term. | 21 | | If the
board has any vacancies for the following school | 22 | | term or within one
calendar year from the beginning of the | 23 | | following school term, the
positions thereby becoming | 24 | | available shall be tendered to the teachers
so removed or | 25 | | dismissed so far as they are legally qualified to hold
such | 26 | | positions; provided, however, that if the number of honorable
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| 1 | | dismissal notices based on economic necessity exceeds 15% of | 2 | | the number of
full time equivalent positions filled by | 3 | | certified employees (excluding
principals and administrative | 4 | | personnel) during the preceding school year,
then if the board | 5 | | has any vacancies for the following school term or within
2 | 6 | | calendar years from the beginning of the following
school term, | 7 | | the positions so becoming available shall be tendered to the
| 8 | | teachers who were so notified and removed or dismissed whenever | 9 | | they are
legally qualified to hold such positions. Each board | 10 | | shall, in consultation
with any exclusive employee | 11 | | representatives, each year establish a list,
categorized by | 12 | | positions, showing the length of continuing service of each
| 13 | | teacher who is qualified to hold any such positions, unless an | 14 | | alternative
method of determining a sequence of dismissal is | 15 | | established as provided
for in this Section, in which case a | 16 | | list shall be made in accordance with
the alternative method. | 17 | | Copies of the list shall be distributed to the
exclusive | 18 | | employee representative on or before February 1 of each year.
| 19 | | Whenever the number of honorable dismissal notices based upon | 20 | | economic
necessity exceeds 5, or 150% of the average number of | 21 | | teachers honorably
dismissed in the preceding 3 years, | 22 | | whichever is more, then the board also
shall hold a public | 23 | | hearing on the question of the dismissals. Following
the | 24 | | hearing and board review the action to approve any such | 25 | | reduction shall
require a majority vote of the board members.
| 26 | | (b) This subsection (b) applies only to honorable |
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| 1 | | dismissals and recalls in which the notice of dismissal is | 2 | | provided during the 2011-2012 school term or a subsequent | 3 | | school term. If any teacher, whether or not in contractual | 4 | | continued service, is removed or dismissed as a result of a | 5 | | decision of a school board to decrease the number of teachers | 6 | | employed by the board, a decision of a school board to | 7 | | discontinue some particular type of teaching service, or a | 8 | | reduction in the number of programs or positions in a special | 9 | | education joint agreement, then written notice must be mailed | 10 | | to the teacher and also given to the teacher either by | 11 | | certified mail, return receipt requested, or personal delivery | 12 | | with receipt at least 45 days before the end of the school | 13 | | term, together with a statement of honorable dismissal and the | 14 | | reason therefor, and in all such cases the sequence of | 15 | | dismissal shall occur in accordance with this subsection (b); | 16 | | except that this subsection (b) shall not impair the operation | 17 | | of any affirmative action program in the school district, | 18 | | regardless of whether it exists by operation of law or is | 19 | | conducted on a voluntary basis by the board. | 20 | | Each teacher must be categorized into one or more positions | 21 | | for which the teacher is qualified to hold, based upon legal | 22 | | qualifications and any other qualifications established in a | 23 | | district or joint agreement job description, on or before the | 24 | | May 10 prior to the school year during which the sequence of | 25 | | dismissal is determined. Within each position and subject to | 26 | | agreements made by the joint committee on honorable dismissals |
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| 1 | | that are authorized by subsection (c) of this Section, the | 2 | | school district or joint agreement must establish 4 groupings | 3 | | of teachers qualified to hold the position as follows: | 4 | | (1) Grouping one shall consist of each teacher who is | 5 | | not in contractual continued service and who (i) has not | 6 | | received a performance evaluation rating, (ii) is employed | 7 | | for one school term or less to replace a teacher on leave, | 8 | | or (iii) is employed on a part-time basis. "Part-time | 9 | | basis" for the purposes of this subsection (b) means a | 10 | | teacher who is employed to teach less than a full-day, | 11 | | teacher workload or less than 5 days of the normal student | 12 | | attendance week, unless otherwise provided for in a | 13 | | collective bargaining agreement between the district and | 14 | | the exclusive representative of the district's teachers. | 15 | | For the purposes of this Section, a teacher (A) who is | 16 | | employed as a full-time teacher but who actually teaches or | 17 | | is otherwise present and participating in the district's | 18 | | educational program for less than a school term or (B) who, | 19 | | in the immediately previous school term, was employed on a | 20 | | full-time basis and actually taught or was otherwise | 21 | | present and participated in the district's educational | 22 | | program for 120 days or more is not considered employed on | 23 | | a part-time basis. | 24 | | (2) Grouping 2 shall consist of each teacher with a | 25 | | Needs Improvement or Unsatisfactory performance evaluation | 26 | | rating on either of the teacher's last 2 performance |
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| 1 | | evaluation ratings. | 2 | | (3) Grouping 3 shall consist of each teacher with a | 3 | | performance evaluation rating of at least Satisfactory or | 4 | | Proficient on both of the teacher's last 2 performance | 5 | | evaluation ratings, if 2 ratings are available, or on the | 6 | | teacher's last performance evaluation rating, if only one | 7 | | rating is available, unless the teacher qualifies for | 8 | | placement into grouping 4. | 9 | | (4) Grouping 4 shall consist of each teacher whose last | 10 | | 2 performance evaluation ratings are Excellent and each | 11 | | teacher with 2 Excellent performance evaluation ratings | 12 | | out of the teacher's last 3 performance evaluation ratings | 13 | | with a third rating of Satisfactory or Proficient. | 14 | | Among teachers qualified to hold a position, teachers must | 15 | | be dismissed in the order of their groupings, with teachers in | 16 | | grouping one dismissed first and teachers in grouping 4 | 17 | | dismissed last. | 18 | | Within grouping one, the sequence of dismissal must be at | 19 | | the discretion of the school district or joint agreement. | 20 | | Within grouping 2, the sequence of dismissal must be based upon | 21 | | average performance evaluation ratings, with the teacher or | 22 | | teachers with the lowest average performance evaluation rating | 23 | | dismissed first. A teacher's average performance evaluation | 24 | | rating must be calculated using the average of the teacher's | 25 | | last 2 performance evaluation ratings, if 2 ratings are | 26 | | available, or the teacher's last performance evaluation |
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| 1 | | rating, if only one rating is available, using the following | 2 | | numerical values: 4 for Excellent; 3 for Proficient or | 3 | | Satisfactory; 2 for Needs Improvement; and 1 for | 4 | | Unsatisfactory. As between or among teachers in grouping 2 with | 5 | | the same average performance evaluation rating and within each | 6 | | of groupings 3 and 4, the teacher or teachers with the shorter | 7 | | length of continuing service with the school district or joint | 8 | | agreement must be dismissed first unless an alternative method | 9 | | of determining the sequence of dismissal is established in a | 10 | | collective bargaining agreement or contract between the board | 11 | | and a professional faculty members' organization. | 12 | | Each board, including the governing board of a joint | 13 | | agreement, shall, in consultation with any exclusive employee | 14 | | representatives, each year establish a sequence of honorable | 15 | | dismissal list categorized by positions and the groupings | 16 | | defined in this subsection (b). Copies of the list showing each | 17 | | teacher by name and categorized by positions and the groupings | 18 | | defined in this subsection (b) must be distributed to the | 19 | | exclusive bargaining representative at least 75 days before the | 20 | | end of the school term, provided that the school district or | 21 | | joint agreement may, with notice to any exclusive employee | 22 | | representatives, move teachers from grouping one into another | 23 | | grouping during the period of time from 75 days until 45 days | 24 | | before the end of the school term. Each year, each board shall | 25 | | also establish, in consultation with any exclusive employee | 26 | | representatives, a list showing the length of continuing |
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| 1 | | service of each teacher who is qualified to hold any such | 2 | | positions, unless an alternative method of determining a | 3 | | sequence of dismissal is established as provided for in this | 4 | | Section, in which case a list must be made in accordance with | 5 | | the alternative method. Copies of the list must be distributed | 6 | | to the exclusive employee representative at least 75 days | 7 | | before the end of the school term. | 8 | | Any teacher dismissed as a result of such decrease or | 9 | | discontinuance must be paid all earned compensation on or | 10 | | before the third business day following the last day of pupil | 11 | | attendance in the regular school term. | 12 | | If the board or joint agreement has any vacancies for the | 13 | | following school term or within one calendar year from the | 14 | | beginning of the following school term, the positions thereby | 15 | | becoming available must be tendered to the teachers so removed | 16 | | or dismissed who were in groupings 3 or 4 of the sequence of | 17 | | dismissal and are qualified to hold the positions, based upon | 18 | | legal qualifications and any other qualifications established | 19 | | in a district or joint agreement job description, on or before | 20 | | the May 10 prior to the date of the positions becoming | 21 | | available, provided that if the number of honorable dismissal | 22 | | notices based on economic necessity exceeds 15% of the number | 23 | | of full-time equivalent positions filled by certified | 24 | | employees (excluding principals and administrative personnel) | 25 | | during the preceding school year, then the recall period is for | 26 | | the following school term or within 2 calendar years from the |
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| 1 | | beginning of the following school term. If the board or joint | 2 | | agreement has any vacancies within the period from the | 3 | | beginning of the following school term through February 1 of | 4 | | the following school term (unless a date later than February 1, | 5 | | but no later than 6 months from the beginning of the following | 6 | | school term, is established in a collective bargaining | 7 | | agreement), the positions thereby becoming available must be | 8 | | tendered to the teachers so removed or dismissed who were in | 9 | | grouping 2 of the sequence of dismissal due to one "needs | 10 | | improvement" rating on either of the teacher's last 2 | 11 | | performance evaluation ratings, provided that, if 2 ratings are | 12 | | available, the other performance evaluation rating used for | 13 | | grouping purposes is "satisfactory", "proficient", or | 14 | | "excellent", and are qualified to hold the positions, based | 15 | | upon legal qualifications and any other qualifications | 16 | | established in a district or joint agreement job description, | 17 | | on or before the May 10 prior to the date of the positions | 18 | | becoming available. On and after the effective date of this | 19 | | amendatory Act of the 98th General Assembly, the preceding | 20 | | sentence shall apply to teachers removed or dismissed by | 21 | | honorable dismissal, even if notice of honorable dismissal | 22 | | occurred during the 2013-2014 school year. Among teachers | 23 | | eligible for recall pursuant to the preceding sentence, the | 24 | | order of recall must be in inverse order of dismissal, unless | 25 | | an alternative order of recall is established in a collective | 26 | | bargaining agreement or contract between the board and a |
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| 1 | | professional faculty members' organization. Whenever the | 2 | | number of honorable dismissal notices based upon economic | 3 | | necessity exceeds 5 notices or 150% of the average number of | 4 | | teachers honorably dismissed in the preceding 3 years, | 5 | | whichever is more, then the school board or governing board of | 6 | | a joint agreement, as applicable, shall also hold a public | 7 | | hearing on the question of the dismissals. Following the | 8 | | hearing and board review, the action to approve any such | 9 | | reduction shall require a majority vote of the board members. | 10 | | For purposes of this subsection (b), subject to agreement | 11 | | on an alternative definition reached by the joint committee | 12 | | described in subsection (c) of this Section, a teacher's | 13 | | performance evaluation rating means the overall performance | 14 | | evaluation rating resulting from an annual or biennial | 15 | | performance evaluation conducted pursuant to Article 24A of | 16 | | this Code by the school district or joint agreement determining | 17 | | the sequence of dismissal, not including any performance | 18 | | evaluation conducted during or at the end of a remediation | 19 | | period. No more than one evaluation rating each school term | 20 | | shall be one of the evaluation ratings used for the purpose of | 21 | | determining the sequence of dismissal. Except as otherwise | 22 | | provided in this subsection for any performance evaluations | 23 | | conducted during or at the end of a remediation period, if | 24 | | multiple performance evaluations are conducted in a school | 25 | | term, only the rating from the last evaluation conducted prior | 26 | | to establishing the sequence of honorable dismissal list in |
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| 1 | | such school term shall be the one evaluation rating from that | 2 | | school term used for the purpose of determining the sequence of | 3 | | dismissal. Averaging ratings from multiple evaluations is not | 4 | | permitted unless otherwise agreed to in a collective bargaining | 5 | | agreement or contract between the board and a professional | 6 | | faculty members' organization. The preceding sentence is not a | 7 | | legislative declaration that existing law does or does not | 8 | | already require that only one performance evaluation each | 9 | | school term shall be used for the purpose of determining the | 10 | | sequence of dismissal. For performance evaluation ratings | 11 | | determined prior to September 1, 2012, any school district or | 12 | | joint agreement with a performance evaluation rating system | 13 | | that does not use either of the rating category systems | 14 | | specified in subsection (d) of Section 24A-5 of this Code for | 15 | | all teachers must establish a basis for assigning each teacher | 16 | | a rating that complies with subsection (d) of Section 24A-5 of | 17 | | this Code for all of the performance evaluation ratings that | 18 | | are to be used to determine the sequence of dismissal. A | 19 | | teacher's grouping and ranking on a sequence of honorable | 20 | | dismissal shall be deemed a part of the teacher's performance | 21 | | evaluation, and that information may be disclosed to the | 22 | | exclusive bargaining representative as part of a sequence of | 23 | | honorable dismissal list, notwithstanding any laws prohibiting | 24 | | disclosure of such information. A performance evaluation | 25 | | rating may be used to determine the sequence of dismissal, | 26 | | notwithstanding the pendency of any grievance resolution or |
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| 1 | | arbitration procedures relating to the performance evaluation. | 2 | | If a teacher has received at least one performance evaluation | 3 | | rating conducted by the school district or joint agreement | 4 | | determining the sequence of dismissal and a subsequent | 5 | | performance evaluation is not conducted in any school year in | 6 | | which such evaluation is required to be conducted under Section | 7 | | 24A-5 of this Code, the teacher's performance evaluation rating | 8 | | for that school year for purposes of determining the sequence | 9 | | of dismissal is deemed Proficient. If a performance evaluation | 10 | | rating is nullified as the result of an arbitration, | 11 | | administrative agency, or court determination, then the school | 12 | | district or joint agreement is deemed to have conducted a | 13 | | performance evaluation for that school year, but the | 14 | | performance evaluation rating may not be used in determining | 15 | | the sequence of dismissal. | 16 | | Nothing in this subsection (b) shall be construed as | 17 | | limiting the right of a school board or governing board of a | 18 | | joint agreement to dismiss a teacher not in contractual | 19 | | continued service in accordance with Section 24-11 of this | 20 | | Code. | 21 | | Any provisions regarding the sequence of honorable | 22 | | dismissals and recall of honorably dismissed teachers in a | 23 | | collective bargaining agreement entered into on or before | 24 | | January 1, 2011 and in effect on the effective date of this | 25 | | amendatory Act of the 97th General Assembly that may conflict | 26 | | with this amendatory Act of the 97th General Assembly shall |
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| 1 | | remain in effect through the expiration of such agreement or | 2 | | June 30, 2013, whichever is earlier. | 3 | | (c) Each school district and special education joint | 4 | | agreement must use a joint committee composed of equal | 5 | | representation selected by the school board and its teachers | 6 | | or, if applicable, the exclusive bargaining representative of | 7 | | its teachers, to address the matters described in paragraphs | 8 | | (1) through (5) of this subsection (c) pertaining to honorable | 9 | | dismissals under subsection (b) of this Section. | 10 | | (1) The joint committee must consider and may agree to | 11 | | criteria for excluding from grouping 2 and placing into | 12 | | grouping 3 a teacher whose last 2 performance evaluations | 13 | | include a Needs Improvement and either a Proficient or | 14 | | Excellent. | 15 | | (2) The joint committee must consider and may agree to | 16 | | an alternative definition for grouping 4, which definition | 17 | | must take into account prior performance evaluation | 18 | | ratings and may take into account other factors that relate | 19 | | to the school district's or program's educational | 20 | | objectives. An alternative definition for grouping 4 may | 21 | | not permit the inclusion of a teacher in the grouping with | 22 | | a Needs Improvement or Unsatisfactory performance | 23 | | evaluation rating on either of the teacher's last 2 | 24 | | performance evaluation ratings. | 25 | | (3) The joint committee may agree to including within | 26 | | the definition of a performance evaluation rating a |
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| 1 | | performance evaluation rating administered by a school | 2 | | district or joint agreement other than the school district | 3 | | or joint agreement determining the sequence of dismissal. | 4 | | (4) For each school district or joint agreement that | 5 | | administers performance evaluation ratings that are | 6 | | inconsistent with either of the rating category systems | 7 | | specified in subsection (d) of Section 24A-5 of this Code, | 8 | | the school district or joint agreement must consult with | 9 | | the joint committee on the basis for assigning a rating | 10 | | that complies with subsection (d) of Section 24A-5 of this | 11 | | Code to each performance evaluation rating that will be | 12 | | used in a sequence of dismissal. | 13 | | (5) Upon request by a joint committee member submitted | 14 | | to the employing board by no later than 10 days after the | 15 | | distribution of the sequence of honorable dismissal list, a | 16 | | representative of the employing board shall, within 5 days | 17 | | after the request, provide to members of the joint | 18 | | committee a list showing the most recent and prior | 19 | | performance evaluation ratings of each teacher identified | 20 | | only by length of continuing service in the district or | 21 | | joint agreement and not by name. If, after review of this | 22 | | list, a member of the joint committee has a good faith | 23 | | belief that a disproportionate number of teachers with | 24 | | greater length of continuing service with the district or | 25 | | joint agreement have received a recent performance | 26 | | evaluation rating lower than the prior rating, the member |
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| 1 | | may request that the joint committee review the list to | 2 | | assess whether such a trend may exist. Following the joint | 3 | | committee's review, but by no later than the end of the | 4 | | applicable school term, the joint committee or any member | 5 | | or members of the joint committee may submit a report of | 6 | | the review to the employing board and exclusive bargaining | 7 | | representative, if any. Nothing in this paragraph (5) shall | 8 | | impact the order of honorable dismissal or a school | 9 | | district's or joint agreement's authority to carry out a | 10 | | dismissal in accordance with subsection (b) of this | 11 | | Section. | 12 | | Agreement by the joint committee as to a matter requires | 13 | | the majority vote of all committee members, and if the joint | 14 | | committee does not reach agreement on a matter, then the | 15 | | otherwise applicable requirements of subsection (b) of this | 16 | | Section shall apply. Except as explicitly set forth in this | 17 | | subsection (c), a joint committee has no authority to agree to | 18 | | any further modifications to the requirements for honorable | 19 | | dismissals set forth in subsection (b) of this Section.
The | 20 | | joint committee must be established, and the first meeting of | 21 | | the joint committee each school year must occur on or before | 22 | | December 1. | 23 | | The joint committee must reach agreement on a matter on or | 24 | | before February 1 of a school year in order for the agreement | 25 | | of the joint committee to apply to the sequence of dismissal | 26 | | determined during that school year. Subject to the February 1 |
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| 1 | | deadline for agreements, the agreement of a joint committee on | 2 | | a matter shall apply to the sequence of dismissal until the | 3 | | agreement is amended or terminated by the joint committee. | 4 | | (d) Notwithstanding anything to the contrary in this | 5 | | subsection (d), the requirements and dismissal procedures of | 6 | | Section 24-16.5 of this Code shall apply to any dismissal | 7 | | sought under Section 24-16.5 of this Code. | 8 | | (1) If a dismissal of a teacher in contractual | 9 | | continued service is sought for any reason or cause other | 10 | | than an honorable dismissal under subsections (a) or (b) of | 11 | | this Section or a dismissal sought under Section 24-16.5 of | 12 | | this Code,
including those under Section 10-22.4, the board | 13 | | must first approve a
motion containing specific charges by | 14 | | a majority vote of all its
members. Written notice of such | 15 | | charges, including a bill of particulars and the teacher's | 16 | | right to request a hearing, must be mailed to the teacher | 17 | | and also given to the teacher either by certified mail, | 18 | | return receipt requested, or personal delivery with | 19 | | receipt
within 5 days of the adoption of the motion. Any | 20 | | written notice sent on or after July 1, 2012 shall inform | 21 | | the teacher of the right to request a hearing before a | 22 | | mutually selected hearing officer, with the cost of the | 23 | | hearing officer split equally between the teacher and the | 24 | | board, or a hearing before a board-selected hearing | 25 | | officer, with the cost of the hearing officer paid by the | 26 | | board. |
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| 1 | | Before setting a hearing on charges stemming from | 2 | | causes that are considered remediable, a board must give | 3 | | the teacher reasonable warning in writing, stating | 4 | | specifically the causes that, if not removed, may result in | 5 | | charges; however, no such written warning is required if | 6 | | the causes have been the subject of a remediation plan | 7 | | pursuant to Article 24A of this Code. | 8 | | If, in the opinion of the board, the interests of the | 9 | | school require it, the board may suspend the teacher | 10 | | without pay, pending the hearing, but if the board's | 11 | | dismissal or removal is not sustained, the teacher shall | 12 | | not suffer the loss of any salary or benefits by reason of | 13 | | the suspension. | 14 | | (2) No hearing upon the charges is required unless the
| 15 | | teacher within 17 days after receiving notice requests in | 16 | | writing of the
board that a hearing be scheduled before a | 17 | | mutually selected hearing officer or a hearing officer | 18 | | selected by the board.
The secretary of the school board | 19 | | shall forward a copy of the notice to the
State Board of | 20 | | Education. | 21 | | (3) Within 5 business days after receiving a notice of
| 22 | | hearing in which either notice to the teacher was sent | 23 | | before July 1, 2012 or, if the notice was sent on or after | 24 | | July 1, 2012, the teacher has requested a hearing before a | 25 | | mutually selected hearing officer, the State Board of | 26 | | Education shall provide a list of 5
prospective, impartial |
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| 1 | | hearing officers from the master list of qualified, | 2 | | impartial hearing officers maintained by the State Board of | 3 | | Education. Each person on the master list must (i) be
| 4 | | accredited by a national arbitration organization and have | 5 | | had a minimum of 5
years of experience directly related to | 6 | | labor and employment
relations matters between employers | 7 | | and employees or
their exclusive bargaining | 8 | | representatives and (ii) beginning September 1, 2012, have | 9 | | participated in training provided or approved by the State | 10 | | Board of Education for teacher dismissal hearing officers | 11 | | so that he or she is familiar with issues generally | 12 | | involved in evaluative and non-evaluative dismissals. | 13 | | If notice to the teacher was sent before July 1, 2012 | 14 | | or, if the notice was sent on or after July 1, 2012, the | 15 | | teacher has requested a hearing before a mutually selected | 16 | | hearing officer, the board and the teacher or their
legal | 17 | | representatives within 3 business days shall alternately | 18 | | strike one name from
the list provided by the State Board | 19 | | of Education until only one name remains. Unless waived by | 20 | | the teacher, the
teacher shall have the right to
proceed | 21 | | first with the striking.
Within 3 business days of receipt | 22 | | of the list provided by the State Board of
Education, the | 23 | | board and the teacher or their legal representatives shall | 24 | | each
have the right to reject all prospective hearing | 25 | | officers named on the
list and notify the State Board of | 26 | | Education of such rejection. Within 3 business days after |
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| 1 | | receiving this notification, the State
Board of Education | 2 | | shall appoint a qualified person from the master list who | 3 | | did not appear on the list sent to the parties to serve as | 4 | | the hearing officer, unless the parties notify it that they | 5 | | have chosen to alternatively select a hearing officer under | 6 | | paragraph (4) of this subsection (d). | 7 | | If the teacher has requested a hearing before a hearing | 8 | | officer selected by the board, the board shall select one | 9 | | name from the master list of qualified impartial hearing | 10 | | officers maintained by the State Board of Education within | 11 | | 3 business days after receipt and shall notify the State | 12 | | Board of Education of its selection. | 13 | | A hearing officer mutually selected by the parties, | 14 | | selected by the board, or selected through an alternative | 15 | | selection process under paragraph (4) of this subsection | 16 | | (d) (A) must not be a resident of the school district, (B) | 17 | | must be available to commence the hearing within 75 days | 18 | | and conclude the hearing within 120 days after being | 19 | | selected as the hearing officer, and (C) must issue a | 20 | | decision as to whether the teacher must be dismissed and | 21 | | give a copy of that decision to both the teacher and the | 22 | | board within 30 days from the conclusion of the hearing or | 23 | | closure of the record, whichever is later. | 24 | | (4) In the alternative
to selecting a hearing officer | 25 | | from the list received from the
State Board of Education or | 26 | | accepting the appointment of a hearing officer by the State |
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| 1 | | Board of Education or if the State Board of Education | 2 | | cannot provide a list or appoint a hearing officer that | 3 | | meets the foregoing requirements, the board and the teacher | 4 | | or their legal
representatives may mutually agree to select | 5 | | an impartial hearing officer who
is not on the master list | 6 | | either by direct
appointment by the parties or by using | 7 | | procedures for the appointment of an
arbitrator | 8 | | established by the Federal Mediation and Conciliation | 9 | | Service or the
American Arbitration Association. The | 10 | | parties shall notify the State Board of
Education of their | 11 | | intent to select a hearing officer using an alternative
| 12 | | procedure within 3 business days of receipt of a list of | 13 | | prospective hearing officers
provided by the State Board of | 14 | | Education, notice of appointment of a hearing officer by | 15 | | the State Board of Education, or receipt of notice from the | 16 | | State Board of Education that it cannot provide a list that | 17 | | meets the foregoing requirements, whichever is later. | 18 | | (5) If the notice of dismissal was sent to the teacher | 19 | | before July 1, 2012, the fees and costs for the hearing | 20 | | officer must be paid by the State Board of Education. If | 21 | | the notice of dismissal was sent to the teacher on or after | 22 | | July 1, 2012, the hearing officer's fees and costs must be | 23 | | paid as follows in this paragraph (5). The fees and | 24 | | permissible costs for the hearing officer must be | 25 | | determined by the State Board of Education. If the board | 26 | | and the teacher or their legal representatives mutually |
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| 1 | | agree to select an impartial hearing officer who is not on | 2 | | a list received from the State Board of Education, they may | 3 | | agree to supplement the fees determined by the State Board | 4 | | to the hearing officer, at a rate consistent with the | 5 | | hearing officer's published professional fees. If the | 6 | | hearing officer is mutually selected by the parties, then | 7 | | the board and the teacher or their legal representatives | 8 | | shall each pay 50% of the fees and costs and any | 9 | | supplemental allowance to which they agree. If the hearing | 10 | | officer is selected by the board, then the board shall pay | 11 | | 100% of the hearing officer's fees and costs. The fees and | 12 | | costs must be paid to the hearing officer within 14 days | 13 | | after the board and the teacher or their legal | 14 | | representatives receive the hearing officer's decision set | 15 | | forth in paragraph (7) of this subsection (d). | 16 | | (6) The teacher is required to answer the bill of | 17 | | particulars and aver affirmative matters in his or her | 18 | | defense, and the time for initially doing so and the time | 19 | | for updating such answer and defenses after pre-hearing | 20 | | discovery must be set by the hearing officer.
The State | 21 | | Board of Education shall
promulgate rules so that each | 22 | | party has a fair opportunity to present its case and to | 23 | | ensure that the dismissal process proceeds in a fair and | 24 | | expeditious manner. These rules shall address, without | 25 | | limitation, discovery and hearing scheduling conferences; | 26 | | the teacher's initial answer and affirmative defenses to |
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| 1 | | the bill of particulars and the updating of that | 2 | | information after pre-hearing discovery; provision for | 3 | | written interrogatories and requests for production of | 4 | | documents; the requirement that each party initially | 5 | | disclose to the other party and then update the disclosure | 6 | | no later than 10 calendar days prior to the commencement of | 7 | | the hearing, the names and addresses of persons who may be | 8 | | called as
witnesses at the hearing, a summary of the facts | 9 | | or opinions each witness will testify to, and all other
| 10 | | documents and materials, including information maintained | 11 | | electronically, relevant to its own as well as the other | 12 | | party's case (the hearing officer may exclude witnesses and | 13 | | exhibits not identified and shared, except those offered in | 14 | | rebuttal for which the party could not reasonably have | 15 | | anticipated prior to the hearing); pre-hearing discovery | 16 | | and preparation, including provision for written | 17 | | interrogatories and requests for production of documents, | 18 | | provided that discovery depositions are prohibited; the | 19 | | conduct of the hearing; the right of each party to be | 20 | | represented by counsel, the offer of evidence and witnesses | 21 | | and the cross-examination of witnesses; the authority of | 22 | | the hearing officer to issue subpoenas and subpoenas duces | 23 | | tecum, provided that the hearing officer may limit the | 24 | | number of witnesses to be subpoenaed on behalf of each | 25 | | party to no more than 7; the length of post-hearing briefs; | 26 | | and the form, length, and content of hearing officers' |
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| 1 | | decisions. The hearing officer
shall hold a hearing and | 2 | | render a final decision for dismissal pursuant to Article | 3 | | 24A of this Code or shall report to the school board | 4 | | findings of fact and a recommendation as to whether or not | 5 | | the teacher must be dismissed for conduct. The hearing | 6 | | officer shall commence the hearing within 75 days and | 7 | | conclude the hearing within 120 days after being selected | 8 | | as the hearing officer, provided that the hearing officer | 9 | | may modify these timelines upon the showing of good cause | 10 | | or mutual agreement of the parties. Good cause for the | 11 | | purpose of this subsection (d) shall mean the illness or | 12 | | otherwise unavoidable emergency of the teacher, district | 13 | | representative, their legal representatives, the hearing | 14 | | officer, or an essential witness as indicated in each | 15 | | party's pre-hearing submission. In a dismissal hearing | 16 | | pursuant to Article 24A of this Code, the hearing officer | 17 | | shall consider and give weight to all of the teacher's | 18 | | evaluations written pursuant to Article 24A that are | 19 | | relevant to the issues in the hearing. | 20 | | Each party shall have no more than 3 days to present | 21 | | its case, unless extended by the hearing officer to enable | 22 | | a party to present adequate evidence and testimony, | 23 | | including due to the other party's cross-examination of the | 24 | | party's witnesses, for good cause or by mutual agreement of | 25 | | the parties. The State Board of Education shall define in | 26 | | rules the meaning of "day" for such purposes. All testimony |
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| 1 | | at the hearing shall be taken under oath
administered by | 2 | | the hearing officer. The hearing officer shall cause a
| 3 | | record of the proceedings to be kept and shall employ a | 4 | | competent reporter
to take stenographic or stenotype notes | 5 | | of all the testimony. The costs of
the reporter's | 6 | | attendance and services at the hearing shall be paid by the | 7 | | party or parties who are responsible for paying the fees | 8 | | and costs of the hearing officer. Either party desiring a | 9 | | transcript of the hearing
shall pay for the cost thereof. | 10 | | Any post-hearing briefs must be submitted by the parties by | 11 | | no later than 21 days after a party's receipt of the | 12 | | transcript of the hearing, unless extended by the hearing | 13 | | officer for good cause or by mutual agreement of the | 14 | | parties. | 15 | | (7) The hearing officer shall, within 30 days from the | 16 | | conclusion of the
hearing or closure of the record, | 17 | | whichever is later,
make a decision as to whether or not | 18 | | the teacher shall be dismissed pursuant to Article 24A of | 19 | | this Code or report to the school board findings of fact | 20 | | and a recommendation as to whether or not the teacher shall | 21 | | be dismissed for cause and
shall give a copy of the | 22 | | decision or findings of fact and recommendation to both the | 23 | | teacher and the school
board.
If a hearing officer fails
| 24 | | without good cause, specifically provided in writing to | 25 | | both parties and the State Board of Education, to render a | 26 | | decision or findings of fact and recommendation within 30 |
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| 1 | | days after the hearing is
concluded or the
record is | 2 | | closed, whichever is later,
the
parties may mutually agree | 3 | | to select a hearing officer pursuant to the
alternative
| 4 | | procedure, as provided in this Section,
to rehear the | 5 | | charges heard by the hearing officer who failed to render a
| 6 | | decision or findings of fact and recommendation or to | 7 | | review the record and render a decision.
If any hearing
| 8 | | officer fails without good cause, specifically provided in | 9 | | writing to both parties and the State Board of Education, | 10 | | to render a decision or findings of fact and recommendation | 11 | | within 30 days after the
hearing is concluded or the record | 12 | | is closed, whichever is later, the hearing
officer shall be | 13 | | removed
from the master
list of hearing officers maintained | 14 | | by the State Board of Education for not more than 24 | 15 | | months. The parties and the State Board of Education may | 16 | | also take such other actions as it deems appropriate, | 17 | | including recovering, reducing, or withholding any fees | 18 | | paid or to be paid to the hearing officer. If any hearing | 19 | | officer repeats such failure, he or she must be permanently | 20 | | removed from the master list maintained by the State Board | 21 | | of Education and may not be selected by parties through the | 22 | | alternative selection process under this paragraph (7) or | 23 | | paragraph (4) of this subsection (d).
The board shall not | 24 | | lose jurisdiction to discharge a teacher if the hearing
| 25 | | officer fails to render a decision or findings of fact and | 26 | | recommendation within the time specified in this
Section. |
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| 1 | | If the decision of the hearing officer for dismissal | 2 | | pursuant to Article 24A of this Code or of the school board | 3 | | for dismissal for cause is in favor of the teacher, then | 4 | | the hearing officer or school board shall order | 5 | | reinstatement to the same or substantially equivalent | 6 | | position and shall determine the amount for which the | 7 | | school board is liable, including, but not limited to, loss | 8 | | of income and benefits. | 9 | | (8) The school board, within 45 days after receipt of | 10 | | the hearing officer's findings of fact and recommendation | 11 | | as to whether (i) the conduct at issue occurred, (ii) the | 12 | | conduct that did occur was remediable, and (iii) the | 13 | | proposed dismissal should be sustained, shall issue a | 14 | | written order as to whether the teacher must be retained or | 15 | | dismissed for cause from its employ. The school board's | 16 | | written order shall incorporate the hearing officer's | 17 | | findings of fact, except that the school board may modify | 18 | | or supplement the findings of fact if, in its opinion, the | 19 | | findings of fact are against the manifest weight of the | 20 | | evidence. | 21 | | If the school board dismisses the teacher | 22 | | notwithstanding the hearing officer's findings of fact and | 23 | | recommendation, the school board shall make a conclusion in | 24 | | its written order, giving its reasons therefor, and such | 25 | | conclusion and reasons must be included in its written | 26 | | order. The failure of the school board to strictly adhere |
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| 1 | | to the timelines contained in this Section shall not render | 2 | | it without jurisdiction to dismiss the teacher. The school | 3 | | board shall not lose jurisdiction to discharge the teacher | 4 | | for cause if the hearing officer fails to render a | 5 | | recommendation within the time specified in this Section. | 6 | | The decision of the school board is final, unless reviewed | 7 | | as provided in paragraph (9) of this subsection (d). | 8 | | If the school board retains the teacher, the school | 9 | | board shall enter a written order stating the amount of | 10 | | back pay and lost benefits, less mitigation, to be paid to | 11 | | the teacher, within 45 days after its retention order. | 12 | | Should the teacher object to the amount of the back pay and | 13 | | lost benefits or amount mitigated, the teacher shall give | 14 | | written objections to the amount within 21 days. If the | 15 | | parties fail to reach resolution within 7 days, the dispute | 16 | | shall be referred to the hearing officer, who shall | 17 | | consider the school board's written order and teacher's | 18 | | written objection and determine the amount to which the | 19 | | school board is liable. The costs of the hearing officer's | 20 | | review and determination must be paid by the board. | 21 | | (9)
The decision of the hearing officer pursuant to | 22 | | Article 24A of this Code or of the school board's decision | 23 | | to dismiss for cause is final unless reviewed as
provided | 24 | | in Section 24-16 of this Act. If the school board's | 25 | | decision to dismiss for cause is contrary to the hearing | 26 | | officer's recommendation, the court on review shall give |
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| 1 | | consideration to the school board's decision and its | 2 | | supplemental findings of fact, if applicable, and the | 3 | | hearing officer's findings of fact and recommendation in | 4 | | making its decision. In the event such review is
| 5 | | instituted, the school board shall be responsible for | 6 | | preparing and filing the record of proceedings, and such | 7 | | costs associated therewith must be divided equally between | 8 | | the parties.
| 9 | | (10) If a decision of the hearing officer for dismissal | 10 | | pursuant to Article 24A of this Code or of the school board | 11 | | for dismissal for cause is adjudicated upon review or
| 12 | | appeal in favor of the teacher, then the trial court shall | 13 | | order
reinstatement and shall remand the matter to the | 14 | | school board with direction for entry of an order setting | 15 | | the amount of back pay, lost benefits, and costs, less | 16 | | mitigation. The teacher may challenge the school board's | 17 | | order setting the amount of back pay, lost benefits, and | 18 | | costs, less mitigation, through an expedited arbitration | 19 | | procedure, with the costs of the arbitrator borne by the | 20 | | school board.
| 21 | | Any teacher who is reinstated by any hearing or | 22 | | adjudication brought
under this Section shall be assigned | 23 | | by the board to a position
substantially similar to the one | 24 | | which that teacher held prior to that
teacher's suspension | 25 | | or dismissal.
| 26 | | (11) Subject to any later effective date referenced in |
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| 1 | | this Section for a specific aspect of the dismissal | 2 | | process, the changes made by this amendatory Act of the | 3 | | 97th General Assembly shall apply to dismissals instituted | 4 | | on or after September 1, 2011. Any dismissal instituted | 5 | | prior to September 1, 2011 must be carried out in | 6 | | accordance with the requirements of this Section prior to | 7 | | amendment by this amendatory Act of 97th General Assembly.
| 8 | | (e) Nothing contained in this amendatory Act of the 98th | 9 | | General Assembly repeals, supersedes, invalidates, or | 10 | | nullifies final decisions in lawsuits pending on the effective | 11 | | date of this amendatory Act of the 98th General Assembly in | 12 | | Illinois courts involving the interpretation of Public Act | 13 | | 97-8. | 14 | | (Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
| 15 | | (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5) | 16 | | Sec. 24A-5. Content of evaluation plans. This Section does | 17 | | not apply to teachers assigned to schools identified in an | 18 | | agreement entered into between the board of a school district | 19 | | operating under Article 34 of this Code and the exclusive | 20 | | representative of the district's teachers in accordance with | 21 | | Section 34-85c of this Code.
| 22 | | Each school district to
which this Article applies shall | 23 | | establish a teacher evaluation plan
which ensures that each | 24 | | teacher in contractual continued service
is evaluated at least | 25 | | once in the course of every 2 school years. |
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| 1 | | By no later than September 1, 2012, each school district | 2 | | shall establish a teacher evaluation plan that ensures that: | 3 | | (1) each teacher not in contractual continued service | 4 | | is evaluated at least once every school year; and | 5 | | (2) each teacher in contractual continued service is | 6 | | evaluated at least once in the course of every 2 school | 7 | | years. However, any teacher in contractual continued | 8 | | service whose performance is rated as either "needs | 9 | | improvement" or "unsatisfactory" must be evaluated at | 10 | | least once in the school year following the receipt of such | 11 | | rating. | 12 | | Notwithstanding anything to the contrary in this Section or | 13 | | any other Section of the School Code, a principal shall not be | 14 | | prohibited from evaluating any teachers within a school during | 15 | | his or her first year as principal of such school. If a | 16 | | first-year principal exercises this option in a school district | 17 | | where the evaluation plan provides for a teacher in contractual | 18 | | continued service to be evaluated once in the course of every 2 | 19 | | school years, then a new 2-year evaluation plan must be | 20 | | established. | 21 | | The evaluation plan shall comply with the requirements of | 22 | | this Section and
of any rules adopted by the State Board of | 23 | | Education pursuant to this Section. | 24 | | The plan shall include a description of each teacher's | 25 | | duties
and responsibilities and of the standards to which that | 26 | | teacher
is expected to conform, and shall include at least the |
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| 1 | | following components: | 2 | | (a) personal observation of the teacher in the | 3 | | classroom by the evaluator, unless
the teacher has no | 4 | | classroom duties. | 5 | | (b) consideration of the teacher's attendance, | 6 | | planning,
instructional methods, classroom management, | 7 | | where relevant, and
competency in the subject matter | 8 | | taught. | 9 | | (c) by no later than the applicable implementation | 10 | | date, consideration of student growth as a significant | 11 | | factor in the rating of the teacher's performance. | 12 | | (d) prior to September 1, 2012, rating of the | 13 | | performance of teachers in contractual continued service | 14 | | as either: | 15 | | (i) "excellent",
"satisfactory" or | 16 | | "unsatisfactory"; or | 17 | | (ii) "excellent", "proficient", "needs | 18 | | improvement" or "unsatisfactory". | 19 | | (e) on and after September 1, 2012, rating of the | 20 | | performance of all teachers as "excellent", "proficient", | 21 | | "needs improvement" or "unsatisfactory". | 22 | | (f) specification as to the teacher's strengths and | 23 | | weaknesses, with
supporting reasons for the comments made. | 24 | | (g) inclusion of a copy of the evaluation in the | 25 | | teacher's personnel
file and provision of a copy to the | 26 | | teacher. |
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| 1 | | (h) within 30 school days after the completion of an | 2 | | evaluation rating a teacher in contractual continued | 3 | | service as "needs improvement", development by the | 4 | | evaluator, in consultation with the teacher, and taking | 5 | | into account the teacher's on-going professional | 6 | | responsibilities including his or her regular teaching | 7 | | assignments, of a professional development plan directed | 8 | | to the areas that need improvement and any supports that | 9 | | the district will provide to address the areas identified | 10 | | as needing improvement. | 11 | | (i) within 30 school days after completion of an | 12 | | evaluation rating a teacher
in contractual continued | 13 | | service as "unsatisfactory", development and commencement | 14 | | by the district of a remediation plan designed to correct | 15 | | deficiencies
cited, provided the deficiencies are deemed | 16 | | remediable.
In all school districts the
remediation plan | 17 | | for unsatisfactory, tenured teachers shall
provide for 90 | 18 | | school days of remediation within the
classroom, unless an | 19 | | applicable collective bargaining agreement provides for a | 20 | | shorter duration. In all school districts evaluations | 21 | | issued pursuant
to
this Section shall be
issued within 10 | 22 | | days after the conclusion of the respective remediation | 23 | | plan.
However, the school board or other governing | 24 | | authority of the district
shall not lose
jurisdiction to | 25 | | discharge a teacher in the event the evaluation is not | 26 | | issued
within 10 days after the conclusion of the |
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| 1 | | respective remediation plan. | 2 | | (j) participation in the remediation plan by the | 3 | | teacher in contractual continued service rated
| 4 | | "unsatisfactory", an evaluator and a consulting teacher | 5 | | selected by the evaluator of the teacher who was rated | 6 | | "unsatisfactory", which
consulting teacher is an | 7 | | educational employee as defined in the Educational
Labor | 8 | | Relations Act, has at least 5 years' teaching experience, | 9 | | and a
reasonable familiarity with the assignment of the | 10 | | teacher being evaluated,
and who received an "excellent" | 11 | | rating on his or her most
recent evaluation. Where no | 12 | | teachers who meet these criteria are available
within the | 13 | | district, the district shall request and the applicable | 14 | | regional office of education shall supply, to participate | 15 | | in the remediation process, an
individual who meets these | 16 | | criteria. | 17 | | In a district having a population of less than 500,000 | 18 | | with an
exclusive bargaining agent, the bargaining agent
| 19 | | may, if it so chooses, supply a roster of qualified | 20 | | teachers from whom the
consulting teacher is to be | 21 | | selected. That roster shall, however, contain
the names of | 22 | | at least 5 teachers, each of whom meets the criteria for
| 23 | | consulting teacher with regard to the teacher being | 24 | | evaluated, or the names
of all teachers so qualified if | 25 | | that number is less than 5. In the event of
a dispute as to | 26 | | qualification, the State Board shall determine |
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| 1 | | qualification. | 2 | | (k) a mid-point and final evaluation by an evaluator | 3 | | during and at the end of the remediation period, | 4 | | immediately following receipt of a remediation plan | 5 | | provided for under subsections (i) and (j) of this Section. | 6 | | Each evaluation shall assess the teacher's performance | 7 | | during the time period since the prior evaluation; provided | 8 | | that the last evaluation shall also include an overall | 9 | | evaluation of the teacher's performance during the | 10 | | remediation period. A written copy of the evaluations and | 11 | | ratings, in which any deficiencies in performance and | 12 | | recommendations for correction are identified, shall be | 13 | | provided to and discussed with the teacher within 10 school | 14 | | days after the date of the evaluation, unless an applicable | 15 | | collective bargaining agreement provides to the contrary. | 16 | | These subsequent evaluations
shall be conducted by an | 17 | | evaluator. The consulting
teacher shall provide advice to | 18 | | the teacher rated "unsatisfactory" on how
to improve | 19 | | teaching skills and to successfully complete the | 20 | | remediation
plan. The consulting teacher shall participate | 21 | | in developing the
remediation plan, but the final decision | 22 | | as to the evaluation shall be done
solely by the evaluator,
| 23 | | unless an applicable collective bargaining agreement | 24 | | provides to the contrary.
Evaluations at the
conclusion of | 25 | | the remediation process shall be separate and distinct from | 26 | | the
required annual evaluations of teachers and shall not |
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| 1 | | be subject to the
guidelines and procedures relating to | 2 | | those annual evaluations. The evaluator
may but is not | 3 | | required to use the forms provided for the annual | 4 | | evaluation of
teachers in the district's evaluation plan. | 5 | | (l)
reinstatement to the evaluation schedule set forth | 6 | | in the district's evaluation plan for any teacher in | 7 | | contractual continued service
who achieves a rating equal | 8 | | to or better than "satisfactory" or "proficient" in the | 9 | | school year following a rating of "needs improvement" or | 10 | | "unsatisfactory". | 11 | | (m) dismissal in accordance with subsection (d) of | 12 | | Section 24-12 or Section 24-16.5 or 34-85 of this
Code of | 13 | | any teacher who fails to complete any applicable | 14 | | remediation plan
with a rating equal to or better than a | 15 | | "satisfactory" or "proficient" rating. Districts and | 16 | | teachers subject to
dismissal hearings are precluded from | 17 | | compelling the testimony of
consulting teachers at such | 18 | | hearings under subsection (d) of Section 24-12 or Section | 19 | | 24-16.5 or 34-85 of this Code, either
as to the rating | 20 | | process or for opinions of performances by teachers under
| 21 | | remediation. | 22 | | (n) After the implementation date of an evaluation | 23 | | system for teachers in a district as specified in Section | 24 | | 24A-2.5 of this Code, if a teacher in contractual continued | 25 | | service successfully completes a remediation plan | 26 | | following a rating of "unsatisfactory" in an annual or |
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| 1 | | biennial overall performance evaluation received after the | 2 | | foregoing implementation date and receives a subsequent | 3 | | rating of "unsatisfactory" in any of the teacher's annual | 4 | | or biennial biannual overall performance evaluation | 5 | | ratings received during the 36-month period following the | 6 | | teacher's completion of the remediation plan, then the | 7 | | school district may forego remediation and seek dismissal | 8 | | in accordance with subsection (d) of Section 24-12 or | 9 | | Section 34-85 of this Code. | 10 | | Nothing in this Section or Section 24A-4 shall be construed | 11 | | as preventing immediate
dismissal of a teacher for deficiencies | 12 | | which are
deemed irremediable or for actions which are | 13 | | injurious to or endanger the
health or person of students in | 14 | | the classroom or school, or preventing the dismissal or | 15 | | non-renewal of teachers not in contractual continued service | 16 | | for any reason not prohibited by applicable employment, labor, | 17 | | and civil rights laws. Failure to
strictly comply with the time | 18 | | requirements contained in Section 24A-5 shall
not invalidate | 19 | | the results of the remediation plan. | 20 | | Nothing contained in this amendatory Act of the 98th | 21 | | General Assembly repeals, supersedes, invalidates, or | 22 | | nullifies final decisions in lawsuits pending on the effective | 23 | | date of this amendatory Act of the 98th General Assembly in | 24 | | Illinois courts involving the interpretation of Public Act | 25 | | 97-8. | 26 | | (Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2014.".
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