HB4308 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4308

 

Introduced , by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/24-12  from Ch. 122, par. 24-12

    Amends the Employment of Teachers Article of School Code. Provides that if a teacher is removed or dismissed as a result of a decision of a school board to decrease the number of teachers employed by the school board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed and given to the teacher no more than 10 business days following the General Assembly's passage of a State budget that includes school funding for the State fiscal year in which the honorable dismissal would take effect (instead of mailed and given at least 45 days before the end of the school term). Provides that if no State budget that includes school funding for the next State fiscal year has been passed by the General Assembly by June 15 of the current State fiscal year, then the school board shall fulfill the notification requirements by June 30 of the current State fiscal year. Effective immediately.


LRB100 15421 NHT 30409 b

 

 

A BILL FOR

 

HB4308LRB100 15421 NHT 30409 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
524-12 as follows:
 
6    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
7    Sec. 24-12. Removal or dismissal of teachers in contractual
8continued service.
9    (a) This subsection (a) applies only to honorable
10dismissals and recalls in which the notice of dismissal is
11provided on or before the end of the 2010-2011 school term. If
12a teacher in contractual continued service is removed or
13dismissed as a result of a decision of the board to decrease
14the number of teachers employed by the board or to discontinue
15some particular type of teaching service, written notice shall
16be mailed to the teacher and also given the teacher either by
17certified mail, return receipt requested or personal delivery
18with receipt at least 60 days before the end of the school
19term, together with a statement of honorable dismissal and the
20reason therefor, and in all such cases the board shall first
21remove or dismiss all teachers who have not entered upon
22contractual continued service before removing or dismissing
23any teacher who has entered upon contractual continued service

 

 

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1and who is legally qualified to hold a position currently held
2by a teacher who has not entered upon contractual continued
3service.
4    As between teachers who have entered upon contractual
5continued service, the teacher or teachers with the shorter
6length of continuing service with the district shall be
7dismissed first unless an alternative method of determining the
8sequence of dismissal is established in a collective bargaining
9agreement or contract between the board and a professional
10faculty members' organization and except that this provision
11shall not impair the operation of any affirmative action
12program in the district, regardless of whether it exists by
13operation of law or is conducted on a voluntary basis by the
14board. Any teacher dismissed as a result of such decrease or
15discontinuance shall be paid all earned compensation on or
16before the third business day following the last day of pupil
17attendance in the regular school term.
18    If the board has any vacancies for the following school
19term or within one calendar year from the beginning of the
20following school term, the positions thereby becoming
21available shall be tendered to the teachers so removed or
22dismissed so far as they are legally qualified to hold such
23positions; provided, however, that if the number of honorable
24dismissal notices based on economic necessity exceeds 15% of
25the number of full time equivalent positions filled by
26certified employees (excluding principals and administrative

 

 

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1personnel) during the preceding school year, then if the board
2has any vacancies for the following school term or within 2
3calendar years from the beginning of the following school term,
4the positions so becoming available shall be tendered to the
5teachers who were so notified and removed or dismissed whenever
6they are legally qualified to hold such positions. Each board
7shall, in consultation with any exclusive employee
8representatives, each year establish a list, categorized by
9positions, showing the length of continuing service of each
10teacher who is qualified to hold any such positions, unless an
11alternative method of determining a sequence of dismissal is
12established as provided for in this Section, in which case a
13list shall be made in accordance with the alternative method.
14Copies of the list shall be distributed to the exclusive
15employee representative on or before February 1 of each year.
16Whenever the number of honorable dismissal notices based upon
17economic necessity exceeds 5, or 150% of the average number of
18teachers honorably dismissed in the preceding 3 years,
19whichever is more, then the board also shall hold a public
20hearing on the question of the dismissals. Following the
21hearing and board review the action to approve any such
22reduction shall require a majority vote of the board members.
23    (b) This subsection (b) applies only to honorable
24dismissals and recalls in which the notice of dismissal is
25provided during the 2011-2012 school term or a subsequent
26school term. If any teacher, whether or not in contractual

 

 

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1continued service, is removed or dismissed as a result of a
2decision of a school board to decrease the number of teachers
3employed by the board, a decision of a school board to
4discontinue some particular type of teaching service, or a
5reduction in the number of programs or positions in a special
6education joint agreement, then written notice must be mailed
7to the teacher and also given to the teacher either by
8certified mail, return receipt requested, or personal delivery
9with receipt no more than 10 business days following the
10General Assembly's passage of a State budget that includes
11funding under Section 18-8.15 of this Code for the State fiscal
12year in which the honorable dismissal would take effect at
13least 45 days before the end of the school term, together with
14a statement of honorable dismissal and the reason therefor, and
15in all such cases the sequence of dismissal shall occur in
16accordance with this subsection (b); except that this
17subsection (b) shall not impair the operation of any
18affirmative action program in the school district, regardless
19of whether it exists by operation of law or is conducted on a
20voluntary basis by the board. If no State budget that includes
21funding under Section 18-8.15 of this Code for the next State
22fiscal year has been passed by the General Assembly by June 15
23of the current State fiscal year, then the school board shall
24fulfill these notification requirements by June 30 of the
25current State fiscal year.
26    Each teacher must be categorized into one or more positions

 

 

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1for which the teacher is qualified to hold, based upon legal
2qualifications and any other qualifications established in a
3district or joint agreement job description, on or before the
4May 10 prior to the school year during which the sequence of
5dismissal is determined. Within each position and subject to
6agreements made by the joint committee on honorable dismissals
7that are authorized by subsection (c) of this Section, the
8school district or joint agreement must establish 4 groupings
9of teachers qualified to hold the position as follows:
10        (1) Grouping one shall consist of each teacher who is
11    not in contractual continued service and who (i) has not
12    received a performance evaluation rating, (ii) is employed
13    for one school term or less to replace a teacher on leave,
14    or (iii) is employed on a part-time basis. "Part-time
15    basis" for the purposes of this subsection (b) means a
16    teacher who is employed to teach less than a full-day,
17    teacher workload or less than 5 days of the normal student
18    attendance week, unless otherwise provided for in a
19    collective bargaining agreement between the district and
20    the exclusive representative of the district's teachers.
21    For the purposes of this Section, a teacher (A) who is
22    employed as a full-time teacher but who actually teaches or
23    is otherwise present and participating in the district's
24    educational program for less than a school term or (B) who,
25    in the immediately previous school term, was employed on a
26    full-time basis and actually taught or was otherwise

 

 

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1    present and participated in the district's educational
2    program for 120 days or more is not considered employed on
3    a part-time basis.
4        (2) Grouping 2 shall consist of each teacher with a
5    Needs Improvement or Unsatisfactory performance evaluation
6    rating on either of the teacher's last 2 performance
7    evaluation ratings.
8        (3) Grouping 3 shall consist of each teacher with a
9    performance evaluation rating of at least Satisfactory or
10    Proficient on both of the teacher's last 2 performance
11    evaluation ratings, if 2 ratings are available, or on the
12    teacher's last performance evaluation rating, if only one
13    rating is available, unless the teacher qualifies for
14    placement into grouping 4.
15        (4) Grouping 4 shall consist of each teacher whose last
16    2 performance evaluation ratings are Excellent and each
17    teacher with 2 Excellent performance evaluation ratings
18    out of the teacher's last 3 performance evaluation ratings
19    with a third rating of Satisfactory or Proficient.
20    Among teachers qualified to hold a position, teachers must
21be dismissed in the order of their groupings, with teachers in
22grouping one dismissed first and teachers in grouping 4
23dismissed last.
24    Within grouping one, the sequence of dismissal must be at
25the discretion of the school district or joint agreement.
26Within grouping 2, the sequence of dismissal must be based upon

 

 

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1average performance evaluation ratings, with the teacher or
2teachers with the lowest average performance evaluation rating
3dismissed first. A teacher's average performance evaluation
4rating must be calculated using the average of the teacher's
5last 2 performance evaluation ratings, if 2 ratings are
6available, or the teacher's last performance evaluation
7rating, if only one rating is available, using the following
8numerical values: 4 for Excellent; 3 for Proficient or
9Satisfactory; 2 for Needs Improvement; and 1 for
10Unsatisfactory. As between or among teachers in grouping 2 with
11the same average performance evaluation rating and within each
12of groupings 3 and 4, the teacher or teachers with the shorter
13length of continuing service with the school district or joint
14agreement must be dismissed first unless an alternative method
15of determining the sequence of dismissal is established in a
16collective bargaining agreement or contract between the board
17and a professional faculty members' organization.
18    Each board, including the governing board of a joint
19agreement, shall, in consultation with any exclusive employee
20representatives, each year establish a sequence of honorable
21dismissal list categorized by positions and the groupings
22defined in this subsection (b). Copies of the list showing each
23teacher by name and categorized by positions and the groupings
24defined in this subsection (b) must be distributed to the
25exclusive bargaining representative at least 75 days before the
26end of the school term, provided that the school district or

 

 

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1joint agreement may, with notice to any exclusive employee
2representatives, move teachers from grouping one into another
3grouping during the period of time from 75 days until 45 days
4before the end of the school term. Each year, each board shall
5also establish, in consultation with any exclusive employee
6representatives, a list showing the length of continuing
7service of each teacher who is qualified to hold any such
8positions, unless an alternative method of determining a
9sequence of dismissal is established as provided for in this
10Section, in which case a list must be made in accordance with
11the alternative method. Copies of the list must be distributed
12to the exclusive employee representative at least 75 days
13before the end of the school term.
14    Any teacher dismissed as a result of such decrease or
15discontinuance must be paid all earned compensation on or
16before the third business day following the last day of pupil
17attendance in the regular school term.
18    If the board or joint agreement has any vacancies for the
19following school term or within one calendar year from the
20beginning of the following school term, the positions thereby
21becoming available must be tendered to the teachers so removed
22or dismissed who were in groupings 3 or 4 of the sequence of
23dismissal and are qualified to hold the positions, based upon
24legal qualifications and any other qualifications established
25in a district or joint agreement job description, on or before
26the May 10 prior to the date of the positions becoming

 

 

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1available, provided that if the number of honorable dismissal
2notices based on economic necessity exceeds 15% of the number
3of full-time equivalent positions filled by certified
4employees (excluding principals and administrative personnel)
5during the preceding school year, then the recall period is for
6the following school term or within 2 calendar years from the
7beginning of the following school term. If the board or joint
8agreement has any vacancies within the period from the
9beginning of the following school term through February 1 of
10the following school term (unless a date later than February 1,
11but no later than 6 months from the beginning of the following
12school term, is established in a collective bargaining
13agreement), the positions thereby becoming available must be
14tendered to the teachers so removed or dismissed who were in
15grouping 2 of the sequence of dismissal due to one "needs
16improvement" rating on either of the teacher's last 2
17performance evaluation ratings, provided that, if 2 ratings are
18available, the other performance evaluation rating used for
19grouping purposes is "satisfactory", "proficient", or
20"excellent", and are qualified to hold the positions, based
21upon legal qualifications and any other qualifications
22established in a district or joint agreement job description,
23on or before the May 10 prior to the date of the positions
24becoming available. On and after the effective date of this
25amendatory Act of the 98th General Assembly, the preceding
26sentence shall apply to teachers removed or dismissed by

 

 

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1honorable dismissal, even if notice of honorable dismissal
2occurred during the 2013-2014 school year. Among teachers
3eligible for recall pursuant to the preceding sentence, the
4order of recall must be in inverse order of dismissal, unless
5an alternative order of recall is established in a collective
6bargaining agreement or contract between the board and a
7professional faculty members' organization. Whenever the
8number of honorable dismissal notices based upon economic
9necessity exceeds 5 notices or 150% of the average number of
10teachers honorably dismissed in the preceding 3 years,
11whichever is more, then the school board or governing board of
12a joint agreement, as applicable, shall also hold a public
13hearing on the question of the dismissals. Following the
14hearing and board review, the action to approve any such
15reduction shall require a majority vote of the board members.
16    For purposes of this subsection (b), subject to agreement
17on an alternative definition reached by the joint committee
18described in subsection (c) of this Section, a teacher's
19performance evaluation rating means the overall performance
20evaluation rating resulting from an annual or biennial
21performance evaluation conducted pursuant to Article 24A of
22this Code by the school district or joint agreement determining
23the sequence of dismissal, not including any performance
24evaluation conducted during or at the end of a remediation
25period. No more than one evaluation rating each school term
26shall be one of the evaluation ratings used for the purpose of

 

 

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1determining the sequence of dismissal. Except as otherwise
2provided in this subsection for any performance evaluations
3conducted during or at the end of a remediation period, if
4multiple performance evaluations are conducted in a school
5term, only the rating from the last evaluation conducted prior
6to establishing the sequence of honorable dismissal list in
7such school term shall be the one evaluation rating from that
8school term used for the purpose of determining the sequence of
9dismissal. Averaging ratings from multiple evaluations is not
10permitted unless otherwise agreed to in a collective bargaining
11agreement or contract between the board and a professional
12faculty members' organization. The preceding 3 sentences are
13not a legislative declaration that existing law does or does
14not already require that only one performance evaluation each
15school term shall be used for the purpose of determining the
16sequence of dismissal. For performance evaluation ratings
17determined prior to September 1, 2012, any school district or
18joint agreement with a performance evaluation rating system
19that does not use either of the rating category systems
20specified in subsection (d) of Section 24A-5 of this Code for
21all teachers must establish a basis for assigning each teacher
22a rating that complies with subsection (d) of Section 24A-5 of
23this Code for all of the performance evaluation ratings that
24are to be used to determine the sequence of dismissal. A
25teacher's grouping and ranking on a sequence of honorable
26dismissal shall be deemed a part of the teacher's performance

 

 

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1evaluation, and that information shall be disclosed to the
2exclusive bargaining representative as part of a sequence of
3honorable dismissal list, notwithstanding any laws prohibiting
4disclosure of such information. A performance evaluation
5rating may be used to determine the sequence of dismissal,
6notwithstanding the pendency of any grievance resolution or
7arbitration procedures relating to the performance evaluation.
8If a teacher has received at least one performance evaluation
9rating conducted by the school district or joint agreement
10determining the sequence of dismissal and a subsequent
11performance evaluation is not conducted in any school year in
12which such evaluation is required to be conducted under Section
1324A-5 of this Code, the teacher's performance evaluation rating
14for that school year for purposes of determining the sequence
15of dismissal is deemed Proficient. If a performance evaluation
16rating is nullified as the result of an arbitration,
17administrative agency, or court determination, then the school
18district or joint agreement is deemed to have conducted a
19performance evaluation for that school year, but the
20performance evaluation rating may not be used in determining
21the sequence of dismissal.
22    Nothing in this subsection (b) shall be construed as
23limiting the right of a school board or governing board of a
24joint agreement to dismiss a teacher not in contractual
25continued service in accordance with Section 24-11 of this
26Code.

 

 

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1    Any provisions regarding the sequence of honorable
2dismissals and recall of honorably dismissed teachers in a
3collective bargaining agreement entered into on or before
4January 1, 2011 and in effect on the effective date of this
5amendatory Act of the 97th General Assembly that may conflict
6with this amendatory Act of the 97th General Assembly shall
7remain in effect through the expiration of such agreement or
8June 30, 2013, whichever is earlier.
9    (c) Each school district and special education joint
10agreement must use a joint committee composed of equal
11representation selected by the school board and its teachers
12or, if applicable, the exclusive bargaining representative of
13its teachers, to address the matters described in paragraphs
14(1) through (5) of this subsection (c) pertaining to honorable
15dismissals under subsection (b) of this Section.
16        (1) The joint committee must consider and may agree to
17    criteria for excluding from grouping 2 and placing into
18    grouping 3 a teacher whose last 2 performance evaluations
19    include a Needs Improvement and either a Proficient or
20    Excellent.
21        (2) The joint committee must consider and may agree to
22    an alternative definition for grouping 4, which definition
23    must take into account prior performance evaluation
24    ratings and may take into account other factors that relate
25    to the school district's or program's educational
26    objectives. An alternative definition for grouping 4 may

 

 

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1    not permit the inclusion of a teacher in the grouping with
2    a Needs Improvement or Unsatisfactory performance
3    evaluation rating on either of the teacher's last 2
4    performance evaluation ratings.
5        (3) The joint committee may agree to including within
6    the definition of a performance evaluation rating a
7    performance evaluation rating administered by a school
8    district or joint agreement other than the school district
9    or joint agreement determining the sequence of dismissal.
10        (4) For each school district or joint agreement that
11    administers performance evaluation ratings that are
12    inconsistent with either of the rating category systems
13    specified in subsection (d) of Section 24A-5 of this Code,
14    the school district or joint agreement must consult with
15    the joint committee on the basis for assigning a rating
16    that complies with subsection (d) of Section 24A-5 of this
17    Code to each performance evaluation rating that will be
18    used in a sequence of dismissal.
19        (5) Upon request by a joint committee member submitted
20    to the employing board by no later than 10 days after the
21    distribution of the sequence of honorable dismissal list, a
22    representative of the employing board shall, within 5 days
23    after the request, provide to members of the joint
24    committee a list showing the most recent and prior
25    performance evaluation ratings of each teacher identified
26    only by length of continuing service in the district or

 

 

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1    joint agreement and not by name. If, after review of this
2    list, a member of the joint committee has a good faith
3    belief that a disproportionate number of teachers with
4    greater length of continuing service with the district or
5    joint agreement have received a recent performance
6    evaluation rating lower than the prior rating, the member
7    may request that the joint committee review the list to
8    assess whether such a trend may exist. Following the joint
9    committee's review, but by no later than the end of the
10    applicable school term, the joint committee or any member
11    or members of the joint committee may submit a report of
12    the review to the employing board and exclusive bargaining
13    representative, if any. Nothing in this paragraph (5) shall
14    impact the order of honorable dismissal or a school
15    district's or joint agreement's authority to carry out a
16    dismissal in accordance with subsection (b) of this
17    Section.
18    Agreement by the joint committee as to a matter requires
19the majority vote of all committee members, and if the joint
20committee does not reach agreement on a matter, then the
21otherwise applicable requirements of subsection (b) of this
22Section shall apply. Except as explicitly set forth in this
23subsection (c), a joint committee has no authority to agree to
24any further modifications to the requirements for honorable
25dismissals set forth in subsection (b) of this Section. The
26joint committee must be established, and the first meeting of

 

 

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1the joint committee each school year must occur on or before
2December 1.
3    The joint committee must reach agreement on a matter on or
4before February 1 of a school year in order for the agreement
5of the joint committee to apply to the sequence of dismissal
6determined during that school year. Subject to the February 1
7deadline for agreements, the agreement of a joint committee on
8a matter shall apply to the sequence of dismissal until the
9agreement is amended or terminated by the joint committee.
10    (d) Notwithstanding anything to the contrary in this
11subsection (d), the requirements and dismissal procedures of
12Section 24-16.5 of this Code shall apply to any dismissal
13sought under Section 24-16.5 of this Code.
14        (1) If a dismissal of a teacher in contractual
15    continued service is sought for any reason or cause other
16    than an honorable dismissal under subsections (a) or (b) of
17    this Section or a dismissal sought under Section 24-16.5 of
18    this Code, including those under Section 10-22.4, the board
19    must first approve a motion containing specific charges by
20    a majority vote of all its members. Written notice of such
21    charges, including a bill of particulars and the teacher's
22    right to request a hearing, must be mailed to the teacher
23    and also given to the teacher either by certified mail,
24    return receipt requested, or personal delivery with
25    receipt within 5 days of the adoption of the motion. Any
26    written notice sent on or after July 1, 2012 shall inform

 

 

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1    the teacher of the right to request a hearing before a
2    mutually selected hearing officer, with the cost of the
3    hearing officer split equally between the teacher and the
4    board, or a hearing before a board-selected hearing
5    officer, with the cost of the hearing officer paid by the
6    board.
7        Before setting a hearing on charges stemming from
8    causes that are considered remediable, a board must give
9    the teacher reasonable warning in writing, stating
10    specifically the causes that, if not removed, may result in
11    charges; however, no such written warning is required if
12    the causes have been the subject of a remediation plan
13    pursuant to Article 24A of this Code.
14        If, in the opinion of the board, the interests of the
15    school require it, the board may suspend the teacher
16    without pay, pending the hearing, but if the board's
17    dismissal or removal is not sustained, the teacher shall
18    not suffer the loss of any salary or benefits by reason of
19    the suspension.
20        (2) No hearing upon the charges is required unless the
21    teacher within 17 days after receiving notice requests in
22    writing of the board that a hearing be scheduled before a
23    mutually selected hearing officer or a hearing officer
24    selected by the board. The secretary of the school board
25    shall forward a copy of the notice to the State Board of
26    Education.

 

 

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1        (3) Within 5 business days after receiving a notice of
2    hearing in which either notice to the teacher was sent
3    before July 1, 2012 or, if the notice was sent on or after
4    July 1, 2012, the teacher has requested a hearing before a
5    mutually selected hearing officer, the State Board of
6    Education shall provide a list of 5 prospective, impartial
7    hearing officers from the master list of qualified,
8    impartial hearing officers maintained by the State Board of
9    Education. Each person on the master list must (i) be
10    accredited by a national arbitration organization and have
11    had a minimum of 5 years of experience directly related to
12    labor and employment relations matters between employers
13    and employees or their exclusive bargaining
14    representatives and (ii) beginning September 1, 2012, have
15    participated in training provided or approved by the State
16    Board of Education for teacher dismissal hearing officers
17    so that he or she is familiar with issues generally
18    involved in evaluative and non-evaluative dismissals.
19        If notice to the teacher was sent before July 1, 2012
20    or, if the notice was sent on or after July 1, 2012, the
21    teacher has requested a hearing before a mutually selected
22    hearing officer, the board and the teacher or their legal
23    representatives within 3 business days shall alternately
24    strike one name from the list provided by the State Board
25    of Education until only one name remains. Unless waived by
26    the teacher, the teacher shall have the right to proceed

 

 

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1    first with the striking. Within 3 business days of receipt
2    of the list provided by the State Board of Education, the
3    board and the teacher or their legal representatives shall
4    each have the right to reject all prospective hearing
5    officers named on the list and notify the State Board of
6    Education of such rejection. Within 3 business days after
7    receiving this notification, the State Board of Education
8    shall appoint a qualified person from the master list who
9    did not appear on the list sent to the parties to serve as
10    the hearing officer, unless the parties notify it that they
11    have chosen to alternatively select a hearing officer under
12    paragraph (4) of this subsection (d).
13        If the teacher has requested a hearing before a hearing
14    officer selected by the board, the board shall select one
15    name from the master list of qualified impartial hearing
16    officers maintained by the State Board of Education within
17    3 business days after receipt and shall notify the State
18    Board of Education of its selection.
19        A hearing officer mutually selected by the parties,
20    selected by the board, or selected through an alternative
21    selection process under paragraph (4) of this subsection
22    (d) (A) must not be a resident of the school district, (B)
23    must be available to commence the hearing within 75 days
24    and conclude the hearing within 120 days after being
25    selected as the hearing officer, and (C) must issue a
26    decision as to whether the teacher must be dismissed and

 

 

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1    give a copy of that decision to both the teacher and the
2    board within 30 days from the conclusion of the hearing or
3    closure of the record, whichever is later.
4        (4) In the alternative to selecting a hearing officer
5    from the list received from the State Board of Education or
6    accepting the appointment of a hearing officer by the State
7    Board of Education or if the State Board of Education
8    cannot provide a list or appoint a hearing officer that
9    meets the foregoing requirements, the board and the teacher
10    or their legal representatives may mutually agree to select
11    an impartial hearing officer who is not on the master list
12    either by direct appointment by the parties or by using
13    procedures for the appointment of an arbitrator
14    established by the Federal Mediation and Conciliation
15    Service or the American Arbitration Association. The
16    parties shall notify the State Board of Education of their
17    intent to select a hearing officer using an alternative
18    procedure within 3 business days of receipt of a list of
19    prospective hearing officers provided by the State Board of
20    Education, notice of appointment of a hearing officer by
21    the State Board of Education, or receipt of notice from the
22    State Board of Education that it cannot provide a list that
23    meets the foregoing requirements, whichever is later.
24        (5) If the notice of dismissal was sent to the teacher
25    before July 1, 2012, the fees and costs for the hearing
26    officer must be paid by the State Board of Education. If

 

 

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1    the notice of dismissal was sent to the teacher on or after
2    July 1, 2012, the hearing officer's fees and costs must be
3    paid as follows in this paragraph (5). The fees and
4    permissible costs for the hearing officer must be
5    determined by the State Board of Education. If the board
6    and the teacher or their legal representatives mutually
7    agree to select an impartial hearing officer who is not on
8    a list received from the State Board of Education, they may
9    agree to supplement the fees determined by the State Board
10    to the hearing officer, at a rate consistent with the
11    hearing officer's published professional fees. If the
12    hearing officer is mutually selected by the parties, then
13    the board and the teacher or their legal representatives
14    shall each pay 50% of the fees and costs and any
15    supplemental allowance to which they agree. If the hearing
16    officer is selected by the board, then the board shall pay
17    100% of the hearing officer's fees and costs. The fees and
18    costs must be paid to the hearing officer within 14 days
19    after the board and the teacher or their legal
20    representatives receive the hearing officer's decision set
21    forth in paragraph (7) of this subsection (d).
22        (6) The teacher is required to answer the bill of
23    particulars and aver affirmative matters in his or her
24    defense, and the time for initially doing so and the time
25    for updating such answer and defenses after pre-hearing
26    discovery must be set by the hearing officer. The State

 

 

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1    Board of Education shall promulgate rules so that each
2    party has a fair opportunity to present its case and to
3    ensure that the dismissal process proceeds in a fair and
4    expeditious manner. These rules shall address, without
5    limitation, discovery and hearing scheduling conferences;
6    the teacher's initial answer and affirmative defenses to
7    the bill of particulars and the updating of that
8    information after pre-hearing discovery; provision for
9    written interrogatories and requests for production of
10    documents; the requirement that each party initially
11    disclose to the other party and then update the disclosure
12    no later than 10 calendar days prior to the commencement of
13    the hearing, the names and addresses of persons who may be
14    called as witnesses at the hearing, a summary of the facts
15    or opinions each witness will testify to, and all other
16    documents and materials, including information maintained
17    electronically, relevant to its own as well as the other
18    party's case (the hearing officer may exclude witnesses and
19    exhibits not identified and shared, except those offered in
20    rebuttal for which the party could not reasonably have
21    anticipated prior to the hearing); pre-hearing discovery
22    and preparation, including provision for written
23    interrogatories and requests for production of documents,
24    provided that discovery depositions are prohibited; the
25    conduct of the hearing; the right of each party to be
26    represented by counsel, the offer of evidence and witnesses

 

 

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1    and the cross-examination of witnesses; the authority of
2    the hearing officer to issue subpoenas and subpoenas duces
3    tecum, provided that the hearing officer may limit the
4    number of witnesses to be subpoenaed on behalf of each
5    party to no more than 7; the length of post-hearing briefs;
6    and the form, length, and content of hearing officers'
7    decisions. The hearing officer shall hold a hearing and
8    render a final decision for dismissal pursuant to Article
9    24A of this Code or shall report to the school board
10    findings of fact and a recommendation as to whether or not
11    the teacher must be dismissed for conduct. The hearing
12    officer shall commence the hearing within 75 days and
13    conclude the hearing within 120 days after being selected
14    as the hearing officer, provided that the hearing officer
15    may modify these timelines upon the showing of good cause
16    or mutual agreement of the parties. Good cause for the
17    purpose of this subsection (d) shall mean the illness or
18    otherwise unavoidable emergency of the teacher, district
19    representative, their legal representatives, the hearing
20    officer, or an essential witness as indicated in each
21    party's pre-hearing submission. In a dismissal hearing
22    pursuant to Article 24A of this Code, the hearing officer
23    shall consider and give weight to all of the teacher's
24    evaluations written pursuant to Article 24A that are
25    relevant to the issues in the hearing.
26        Each party shall have no more than 3 days to present

 

 

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1    its case, unless extended by the hearing officer to enable
2    a party to present adequate evidence and testimony,
3    including due to the other party's cross-examination of the
4    party's witnesses, for good cause or by mutual agreement of
5    the parties. The State Board of Education shall define in
6    rules the meaning of "day" for such purposes. All testimony
7    at the hearing shall be taken under oath administered by
8    the hearing officer. The hearing officer shall cause a
9    record of the proceedings to be kept and shall employ a
10    competent reporter to take stenographic or stenotype notes
11    of all the testimony. The costs of the reporter's
12    attendance and services at the hearing shall be paid by the
13    party or parties who are responsible for paying the fees
14    and costs of the hearing officer. Either party desiring a
15    transcript of the hearing shall pay for the cost thereof.
16    Any post-hearing briefs must be submitted by the parties by
17    no later than 21 days after a party's receipt of the
18    transcript of the hearing, unless extended by the hearing
19    officer for good cause or by mutual agreement of the
20    parties.
21        (7) The hearing officer shall, within 30 days from the
22    conclusion of the hearing or closure of the record,
23    whichever is later, make a decision as to whether or not
24    the teacher shall be dismissed pursuant to Article 24A of
25    this Code or report to the school board findings of fact
26    and a recommendation as to whether or not the teacher shall

 

 

HB4308- 25 -LRB100 15421 NHT 30409 b

1    be dismissed for cause and shall give a copy of the
2    decision or findings of fact and recommendation to both the
3    teacher and the school board. If a hearing officer fails
4    without good cause, specifically provided in writing to
5    both parties and the State Board of Education, to render a
6    decision or findings of fact and recommendation within 30
7    days after the hearing is concluded or the record is
8    closed, whichever is later, the parties may mutually agree
9    to select a hearing officer pursuant to the alternative
10    procedure, as provided in this Section, to rehear the
11    charges heard by the hearing officer who failed to render a
12    decision or findings of fact and recommendation or to
13    review the record and render a decision. If any hearing
14    officer fails without good cause, specifically provided in
15    writing to both parties and the State Board of Education,
16    to render a decision or findings of fact and recommendation
17    within 30 days after the hearing is concluded or the record
18    is closed, whichever is later, the hearing officer shall be
19    removed from the master list of hearing officers maintained
20    by the State Board of Education for not more than 24
21    months. The parties and the State Board of Education may
22    also take such other actions as it deems appropriate,
23    including recovering, reducing, or withholding any fees
24    paid or to be paid to the hearing officer. If any hearing
25    officer repeats such failure, he or she must be permanently
26    removed from the master list maintained by the State Board

 

 

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1    of Education and may not be selected by parties through the
2    alternative selection process under this paragraph (7) or
3    paragraph (4) of this subsection (d). The board shall not
4    lose jurisdiction to discharge a teacher if the hearing
5    officer fails to render a decision or findings of fact and
6    recommendation within the time specified in this Section.
7    If the decision of the hearing officer for dismissal
8    pursuant to Article 24A of this Code or of the school board
9    for dismissal for cause is in favor of the teacher, then
10    the hearing officer or school board shall order
11    reinstatement to the same or substantially equivalent
12    position and shall determine the amount for which the
13    school board is liable, including, but not limited to, loss
14    of income and benefits.
15        (8) The school board, within 45 days after receipt of
16    the hearing officer's findings of fact and recommendation
17    as to whether (i) the conduct at issue occurred, (ii) the
18    conduct that did occur was remediable, and (iii) the
19    proposed dismissal should be sustained, shall issue a
20    written order as to whether the teacher must be retained or
21    dismissed for cause from its employ. The school board's
22    written order shall incorporate the hearing officer's
23    findings of fact, except that the school board may modify
24    or supplement the findings of fact if, in its opinion, the
25    findings of fact are against the manifest weight of the
26    evidence.

 

 

HB4308- 27 -LRB100 15421 NHT 30409 b

1        If the school board dismisses the teacher
2    notwithstanding the hearing officer's findings of fact and
3    recommendation, the school board shall make a conclusion in
4    its written order, giving its reasons therefor, and such
5    conclusion and reasons must be included in its written
6    order. The failure of the school board to strictly adhere
7    to the timelines contained in this Section shall not render
8    it without jurisdiction to dismiss the teacher. The school
9    board shall not lose jurisdiction to discharge the teacher
10    for cause if the hearing officer fails to render a
11    recommendation within the time specified in this Section.
12    The decision of the school board is final, unless reviewed
13    as provided in paragraph (9) of this subsection (d).
14        If the school board retains the teacher, the school
15    board shall enter a written order stating the amount of
16    back pay and lost benefits, less mitigation, to be paid to
17    the teacher, within 45 days after its retention order.
18    Should the teacher object to the amount of the back pay and
19    lost benefits or amount mitigated, the teacher shall give
20    written objections to the amount within 21 days. If the
21    parties fail to reach resolution within 7 days, the dispute
22    shall be referred to the hearing officer, who shall
23    consider the school board's written order and teacher's
24    written objection and determine the amount to which the
25    school board is liable. The costs of the hearing officer's
26    review and determination must be paid by the board.

 

 

HB4308- 28 -LRB100 15421 NHT 30409 b

1        (9) The decision of the hearing officer pursuant to
2    Article 24A of this Code or of the school board's decision
3    to dismiss for cause is final unless reviewed as provided
4    in Section 24-16 of this Act. If the school board's
5    decision to dismiss for cause is contrary to the hearing
6    officer's recommendation, the court on review shall give
7    consideration to the school board's decision and its
8    supplemental findings of fact, if applicable, and the
9    hearing officer's findings of fact and recommendation in
10    making its decision. In the event such review is
11    instituted, the school board shall be responsible for
12    preparing and filing the record of proceedings, and such
13    costs associated therewith must be divided equally between
14    the parties.
15        (10) If a decision of the hearing officer for dismissal
16    pursuant to Article 24A of this Code or of the school board
17    for dismissal for cause is adjudicated upon review or
18    appeal in favor of the teacher, then the trial court shall
19    order reinstatement and shall remand the matter to the
20    school board with direction for entry of an order setting
21    the amount of back pay, lost benefits, and costs, less
22    mitigation. The teacher may challenge the school board's
23    order setting the amount of back pay, lost benefits, and
24    costs, less mitigation, through an expedited arbitration
25    procedure, with the costs of the arbitrator borne by the
26    school board.

 

 

HB4308- 29 -LRB100 15421 NHT 30409 b

1        Any teacher who is reinstated by any hearing or
2    adjudication brought under this Section shall be assigned
3    by the board to a position substantially similar to the one
4    which that teacher held prior to that teacher's suspension
5    or dismissal.
6        (11) Subject to any later effective date referenced in
7    this Section for a specific aspect of the dismissal
8    process, the changes made by Public Act 97-8 shall apply to
9    dismissals instituted on or after September 1, 2011. Any
10    dismissal instituted prior to September 1, 2011 must be
11    carried out in accordance with the requirements of this
12    Section prior to amendment by Public Act 97-8.
13    (e) Nothing contained in this amendatory Act of the 98th
14General Assembly repeals, supersedes, invalidates, or
15nullifies final decisions in lawsuits pending on the effective
16date of this amendatory Act of the 98th General Assembly in
17Illinois courts involving the interpretation of Public Act
1897-8.
19(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,
20eff. 7-20-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.