Illinois General Assembly - Full Text of SB3709
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Full Text of SB3709  102nd General Assembly

SB3709sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 2/22/2022

 

 


 

 


 
10200SB3709sam001LRB102 22596 NLB 36660 a

1
AMENDMENT TO SENATE BILL 3709

2    AMENDMENT NO. ______. Amend Senate Bill 3709 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-23.5 and 24-11 as follows:
 
6    (105 ILCS 5/10-23.5)  (from Ch. 122, par. 10-23.5)
7    Sec. 10-23.5. Educational support personnel employees.
8    (a) To employ such educational support personnel employees
9as it deems advisable and to define their employment duties;
10provided that residency within any school district shall not
11be considered in determining the employment or the
12compensation of any such employee, or whether to retain,
13promote, assign or transfer such employee. If an educational
14support personnel employee is removed or dismissed or the
15hours he or she works are reduced as a result of a decision of
16the school board (i) to decrease the number of educational

 

 

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1support personnel employees employed by the board or (ii) to
2discontinue some particular type of educational support
3service, written notice shall be mailed to the employee and
4also given to the employee either by certified mail, return
5receipt requested, or personal delivery with receipt, at least
630 days before the employee is removed or dismissed or the
7hours he or she works are reduced, together with a statement of
8honorable dismissal and the reason therefor if applicable.
9However, if a reduction in hours is due to an unforeseen
10reduction in the student population, then the written notice
11must be mailed and given to the employee at least 5 days before
12the hours are reduced. The employee with the shorter length of
13continuing service with the district, within the respective
14category of position, shall be dismissed first unless an
15alternative method of determining the sequence of dismissal is
16established in a collective bargaining agreement or contract
17between the board and any exclusive bargaining agent and
18except that this provision shall not impair the operation of
19any affirmative action program in the district, regardless of
20whether it exists by operation of law or is conducted on a
21voluntary basis by the board. If the board has any vacancies
22for the following school term or within one calendar year from
23the beginning of the following school term, the positions
24thereby becoming available within a specific category of
25position shall be tendered to the employees so removed or
26dismissed from that category or any other category of

 

 

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1position, so far as they are qualified to hold such positions.
2Each board shall, in consultation with any exclusive employee
3representative or bargaining agent, each year establish a
4list, categorized by positions, showing the length of
5continuing service of each full time educational support
6personnel employee who is qualified to hold any such
7positions, unless an alternative method of determining a
8sequence of dismissal is established as provided for in this
9Section, in which case a list shall be made in accordance with
10the alternative method. Copies of the list shall be
11distributed to the exclusive employee representative or
12bargaining agent on or before February 1 of each year.
13    If an educational support personnel employee is removed or
14dismissed as a result of a decision of the board to decrease
15the number of educational support personnel employed by the
16board or to discontinue some particular type of educational
17support service and he or she accepts the tender of a vacancy
18within one calendar year from the beginning of the following
19school term, then that employee shall maintain any rights
20accrued during his or her previous service with the school
21district.
22    Where an educational support personnel employee is
23dismissed by the board as a result of a decrease in the number
24of employees or the discontinuance of the employee's job, the
25employee shall be paid all earned compensation on or before
26the next regular pay date following his or her last day of

 

 

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1employment.
2    The provisions of this amendatory Act of 1986 relating to
3residency within any school district shall not apply to cities
4having a population exceeding 500,000 inhabitants.
5    (b) In the case of a new school district or districts
6formed in accordance with Article 11E of this Code, a school
7district or districts that annex all of the territory of one or
8more entire other school districts in accordance with Article
97 of this Code, or a school district receiving students from a
10deactivated school facility in accordance with Section
1110-22.22b of this Code, or a special education cooperative
12that dissolves or reorganizes in accordance with Section
1310-22.31 of this Code, the employment of educational support
14personnel in the new, annexing, or receiving school district
15immediately following the reorganization shall be governed by
16this subsection (b). Lists of the educational support
17personnel employed in the individual districts or special
18education cooperative for the school year immediately prior to
19the effective date of the new district or districts,
20annexation, or deactivation, dissolution, or reorganization
21shall be combined for the districts forming the new district
22or districts, for the annexed and annexing districts, or for
23the deactivating and receiving districts, or for the
24dissolving or reorganizing special education cooperative, as
25the case may be. The combined list shall be categorized by
26positions, showing the length of continuing service of each

 

 

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1full-time educational support personnel employee who is
2qualified to hold any such position. If there are more
3full-time educational support personnel employees on the
4combined list than there are available positions in the new,
5annexing, or receiving school district, then the employing
6school board shall first remove or dismiss those educational
7support personnel employees with the shorter length of
8continuing service within the respective category of position,
9following the procedures outlined in subsection (a) of this
10Section. In the case of a special education cooperative that
11dissolves or reorganizes, the districts that are parties to
12the joint agreement shall follow the procedures outlined in
13subsection (a) of this Section. The employment and position of
14each educational support personnel employee on the combined
15list not so removed or dismissed shall be transferred to the
16new, annexing, or receiving school board, and the new,
17annexing, or receiving school board is subject to this Code
18with respect to any educational support personnel employee so
19transferred as if the educational support personnel employee
20had been the new, annexing, or receiving board's employee
21during the time the educational support personnel employee was
22actually employed by the school board of the district from
23which the employment and position were transferred.
24    The changes made by Public Act 95-148 shall not apply to
25the formation of a new district or districts in accordance
26with Article 11E of this Code, the annexation of one or more

 

 

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1entire districts in accordance with Article 7 of this Code, or
2the deactivation of a school facility in accordance with
3Section 10-22.22b of this Code effective on or before July 1,
42007.
5(Source: P.A. 101-46, eff. 7-12-19.)
 
6    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
7    Sec. 24-11. Boards of Education - Boards of School
8Inspectors - Contractual continued service.
9    (a) As used in this and the succeeding Sections of this
10Article:
11    "Teacher" means any or all school district employees
12regularly required to be licensed under laws relating to the
13licensure of teachers.
14    "Board" means board of directors, board of education, or
15board of school inspectors, as the case may be.
16    "School term" means that portion of the school year, July
171 to the following June 30, when school is in actual session.
18    "Program" means a program of a special education joint
19agreement.
20    "Program of a special education joint agreement" means
21instructional, consultative, supervisory, administrative,
22diagnostic, and related services that are managed by a special
23educational joint agreement designed to service 2 or more
24school districts that are members of the joint agreement.
25    "PERA implementation date" means the implementation date

 

 

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1of an evaluation system for teachers as specified by Section
224A-2.5 of this Code for all schools within a school district
3or all programs of a special education joint agreement.
4    (b) This Section and Sections 24-12 through 24-16 of this
5Article apply only to school districts having less than
6500,000 inhabitants.
7    (c) Any teacher who is first employed as a full-time
8teacher in a school district or program prior to the PERA
9implementation date and who is employed in that district or
10program for a probationary period of 4 consecutive school
11terms shall enter upon contractual continued service in the
12district or in all of the programs that the teacher is legally
13qualified to hold, unless the teacher is given written notice
14of dismissal by certified mail, return receipt requested, by
15the employing board at least 45 days before the end of any
16school term within such period.
17    (d) For any teacher who is first employed as a full-time
18teacher in a school district or program on or after the PERA
19implementation date, the probationary period shall be one of
20the following periods, based upon the teacher's school terms
21of service and performance, before the teacher shall enter
22upon contractual continued service in the district or in all
23of the programs that the teacher is legally qualified to hold,
24unless the teacher is given written notice of dismissal by
25certified mail, return receipt requested, by the employing
26board at least 45 days before the end of any school term within

 

 

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1such period:
2        (1) 4 consecutive school terms of service in which the
3    teacher receives overall annual evaluation ratings of at
4    least "Proficient" in the last school term and at least
5    "Proficient" in either the second or third school term;
6        (2) 3 consecutive school terms of service in which the
7    teacher receives 3 overall annual evaluations of
8    "Excellent"; or
9        (3) 2 consecutive school terms of service in which the
10    teacher receives 2 overall annual evaluations of
11    "Excellent" service, but only if the teacher (i)
12    previously attained contractual continued service in a
13    different school district or program in this State, (ii)
14    voluntarily departed or was honorably dismissed from that
15    school district or program in the school term immediately
16    prior to the teacher's first school term of service
17    applicable to the attainment of contractual continued
18    service under this subdivision (3), and (iii) received, in
19    his or her 2 most recent overall annual or biennial
20    evaluations from the prior school district or program,
21    ratings of at least "Proficient", with both such ratings
22    occurring after the school district's or program's PERA
23    implementation date. For a teacher to attain contractual
24    continued service under this subdivision (3), the teacher
25    shall provide official copies of his or her 2 most recent
26    overall annual or biennial evaluations from the prior

 

 

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1    school district or program to the new school district or
2    program within 60 days from the teacher's first day of
3    service with the new school district or program. The prior
4    school district or program must provide the teacher with
5    official copies of his or her 2 most recent overall annual
6    or biennial evaluations within 14 days after the teacher's
7    request. If a teacher has requested such official copies
8    prior to 45 days after the teacher's first day of service
9    with the new school district or program and the teacher's
10    prior school district or program fails to provide the
11    teacher with the official copies required under this
12    subdivision (3), then the time period for the teacher to
13    submit the official copies to his or her new school
14    district or program must be extended until 14 days after
15    receipt of such copies from the prior school district or
16    program. If the prior school district or program fails to
17    provide the teacher with the official copies required
18    under this subdivision (3) within 90 days from the
19    teacher's first day of service with the new school
20    district or program, then the new school district or
21    program shall rely upon the teacher's own copies of his or
22    her evaluations for purposes of this subdivision (3).
23    If the teacher does not receive overall annual evaluations
24of "Excellent" in the school terms necessary for eligibility
25to achieve accelerated contractual continued service in
26subdivisions (2) and (3) of this subsection (d), the teacher

 

 

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1shall be eligible for contractual continued service pursuant
2to subdivision (1) of this subsection (d). If, at the
3conclusion of 4 consecutive school terms of service that count
4toward attainment of contractual continued service, the
5teacher's performance does not qualify the teacher for
6contractual continued service under subdivision (1) of this
7subsection (d), then the teacher shall not enter upon
8contractual continued service and shall be dismissed. If a
9performance evaluation is not conducted for any school term
10when such evaluation is required to be conducted under Section
1124A-5 of this Code, then the teacher's performance evaluation
12rating for such school term for purposes of determining the
13attainment of contractual continued service shall be deemed
14"Proficient", except that, during any time in which the
15Governor has declared a disaster due to a public health
16emergency pursuant to Section 7 of the Illinois Emergency
17Management Agency Act, this default to "Proficient" does not
18apply to any teacher who has entered into contractual
19continued service and who was deemed "Excellent" on his or her
20most recent evaluation. During any time in which the Governor
21has declared a disaster due to a public health emergency
22pursuant to Section 7 of the Illinois Emergency Management
23Agency Act and unless the school board and any exclusive
24bargaining representative have completed the performance
25rating for teachers or mutually agreed to an alternate
26performance rating, any teacher who has entered into

 

 

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1contractual continued service, whose most recent evaluation
2was deemed "Excellent", and whose performance evaluation is
3not conducted when the evaluation is required to be conducted
4shall receive a teacher's performance rating deemed
5"Excellent". A school board and any exclusive bargaining
6representative may mutually agree to an alternate performance
7rating for teachers not in contractual continued service
8during any time in which the Governor has declared a disaster
9due to a public health emergency pursuant to Section 7 of the
10Illinois Emergency Management Agency Act, as long as the
11agreement is in writing.
12    (e) For the purposes of determining contractual continued
13service, a school term shall be counted only toward attainment
14of contractual continued service if the teacher actually
15teaches or is otherwise present and participating in the
16district's or program's educational program for 120 days or
17more, provided that the days of leave under the federal Family
18Medical Leave Act that the teacher is required to take until
19the end of the school term shall be considered days of teaching
20or participation in the district's or program's educational
21program. A school term that is not counted toward attainment
22of contractual continued service shall not be considered a
23break in service for purposes of determining whether a teacher
24has been employed for 4 consecutive school terms, provided
25that the teacher actually teaches or is otherwise present and
26participating in the district's or program's educational

 

 

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1program in the following school term.
2    (f) If the employing board determines to dismiss the
3teacher in the last year of the probationary period as
4provided in subsection (c) of this Section or subdivision (1)
5or (2) of subsection (d) of this Section, but not subdivision
6(3) of subsection (d) of this Section, the written notice of
7dismissal provided by the employing board must contain
8specific reasons for dismissal. Any full-time teacher who does
9not receive written notice from the employing board at least
1045 days before the end of any school term as provided in this
11Section and whose performance does not require dismissal after
12the fourth probationary year pursuant to subsection (d) of
13this Section shall be re-employed for the following school
14term.
15    (g) Contractual continued service shall continue in effect
16the terms and provisions of the contract with the teacher
17during the last school term of the probationary period,
18subject to this Act and the lawful regulations of the
19employing board. This Section and succeeding Sections do not
20modify any existing power of the board except with respect to
21the procedure of the discharge of a teacher and reductions in
22salary as hereinafter provided. Contractual continued service
23status shall not restrict the power of the board to transfer a
24teacher to a position which the teacher is qualified to fill or
25to make such salary adjustments as it deems desirable, but
26unless reductions in salary are uniform or based upon some

 

 

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1reasonable classification, any teacher whose salary is reduced
2shall be entitled to a notice and a hearing as hereinafter
3provided in the case of certain dismissals or removals.
4    (h) If, by reason of any change in the boundaries of school
5districts, by reason of a special education cooperative
6reorganization in accordance with Section 10-22.31 of this
7Code, or by reason of the creation of a new school district,
8the position held by any teacher having a contractual
9continued service status is transferred from one board to the
10control of a new or different board, then the contractual
11continued service status of the teacher is not thereby lost,
12and such new or different board is subject to this Code with
13respect to the teacher in the same manner as if the teacher
14were its employee and had been its employee during the time the
15teacher was actually employed by the board from whose control
16the position was transferred.
17    (i) The employment of any teacher in a program of a special
18education joint agreement established under Section 3-15.14,
1910-22.31 or 10-22.31a shall be governed by this and succeeding
20Sections of this Article. For purposes of attaining and
21maintaining contractual continued service and computing length
22of continuing service as referred to in this Section and
23Section 24-12, employment in a special educational joint
24program shall be deemed a continuation of all previous
25licensed employment of such teacher for such joint agreement
26whether the employer of the teacher was the joint agreement,

 

 

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1the regional superintendent, or one of the participating
2districts in the joint agreement.
3    (j) For any teacher employed after July 1, 1987 as a
4full-time teacher in a program of a special education joint
5agreement, whether the program is operated by the joint
6agreement or a member district on behalf of the joint
7agreement, in the event of a reduction in the number of
8programs or positions in the joint agreement in which the
9notice of dismissal is provided on or before the end of the
102010-2011 school term, the teacher in contractual continued
11service is eligible for employment in the joint agreement
12programs for which the teacher is legally qualified in order
13of greater length of continuing service in the joint
14agreement, unless an alternative method of determining the
15sequence of dismissal is established in a collective
16bargaining agreement. For any teacher employed after July 1,
171987 as a full-time teacher in a program of a special education
18joint agreement, whether the program is operated by the joint
19agreement or a member district on behalf of the joint
20agreement, in the event of a reduction in the number of
21programs or positions in the joint agreement in which the
22notice of dismissal is provided during the 2011-2012 school
23term or a subsequent school term, the teacher shall be
24included on the honorable dismissal lists of all joint
25agreement programs for positions for which the teacher is
26qualified and is eligible for employment in such programs in

 

 

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1accordance with subsections (b) and (c) of Section 24-12 of
2this Code and the applicable honorable dismissal policies of
3the joint agreement.
4    (k) For any teacher employed after July 1, 1987 as a
5full-time teacher in a program of a special education joint
6agreement, whether the program is operated by the joint
7agreement or a member district on behalf of the joint
8agreement, in the event of the dissolution of a joint
9agreement, in which the notice to teachers of the dissolution
10is provided during the 2010-2011 school term, the teacher in
11contractual continued service who is legally qualified shall
12be assigned to any comparable position in a member district
13currently held by a teacher who has not entered upon
14contractual continued service or held by a teacher who has
15entered upon contractual continued service with a shorter
16length of contractual continued service. Any teacher employed
17after July 1, 1987 as a full-time teacher in a program of a
18special education joint agreement, whether the program is
19operated by the joint agreement or a member district on behalf
20of the joint agreement, in the event of the dissolution of a
21joint agreement in which the notice to teachers of the
22dissolution is provided during the 2011-2012 school term or a
23subsequent school term, the teacher who is qualified shall be
24included on the order of honorable dismissal lists of each
25member district and shall be assigned to any comparable
26position in any such district in accordance with subsections

 

 

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1(b) and (c) of Section 24-12 of this Code and the applicable
2honorable dismissal policies of each member district.
3    (l) The governing board of the joint agreement, or the
4administrative district, if so authorized by the articles of
5agreement of the joint agreement, rather than the board of
6education of a school district, may carry out employment and
7termination actions including dismissals under this Section
8and Section 24-12.
9    (m) The employment of any teacher in a special education
10program authorized by Section 14-1.01 through 14-14.01, or a
11joint educational program established under Section 10-22.31a,
12shall be under this and the succeeding Sections of this
13Article, and such employment shall be deemed a continuation of
14the previous employment of such teacher in any of the
15participating districts, regardless of the participation of
16other districts in the program.
17    (n) Any teacher employed as a full-time teacher in a
18special education program prior to September 23, 1987 in which
192 or more school districts participate for a probationary
20period of 2 consecutive years shall enter upon contractual
21continued service in each of the participating districts,
22subject to this and the succeeding Sections of this Article,
23and, notwithstanding Section 24-1.5 of this Code, in the event
24of the termination of the program shall be eligible for any
25vacant position in any of such districts for which such
26teacher is qualified.

 

 

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1(Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".