Full Text of SB1872 103rd General Assembly
SB1872sam001 103RD GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 3/28/2023
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| 1 | | AMENDMENT TO SENATE BILL 1872
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1872 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 24-11, 24-12, and 34-84 as follows:
| 6 | | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
| 7 | | Sec. 24-11. Boards of Education - Boards of School | 8 | | Inspectors -
Contractual continued service. | 9 | | (a) As used in this and the succeeding
Sections of this | 10 | | Article:
| 11 | | "Teacher" means any or all school district employees | 12 | | regularly required to be licensed
under laws relating to the | 13 | | licensure of teachers.
| 14 | | "Board" means board of directors, board of education, or | 15 | | board of school
inspectors, as the case may be.
| 16 | | "School term" means that portion of the school year, July |
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| 1 | | 1 to the following
June 30, when school is in actual session.
| 2 | | "Program" means a program of a special education joint | 3 | | agreement. | 4 | | "Program of a special education joint agreement" means | 5 | | instructional, consultative, supervisory, administrative, | 6 | | diagnostic, and related services that are managed by a special | 7 | | educational joint agreement designed to service 2 or more | 8 | | school districts that are members of the joint agreement. | 9 | | "PERA implementation date" means the implementation date | 10 | | of an evaluation system for teachers as specified by Section | 11 | | 24A-2.5 of this Code for all schools within a school district | 12 | | or all programs of a special education joint agreement. | 13 | | (b) This Section and Sections 24-12 through 24-16 of this | 14 | | Article apply only to
school districts having less than | 15 | | 500,000 inhabitants.
| 16 | | (c) Any teacher who is first employed as a full-time | 17 | | teacher in a school district or program prior to the PERA | 18 | | implementation date and who is employed in that district or | 19 | | program for
a probationary period of 4 consecutive school | 20 | | terms shall enter upon
contractual continued service in the | 21 | | district or in all of the programs that the teacher is legally | 22 | | qualified to hold, unless the teacher is given written notice | 23 | | of dismissal by certified mail, return receipt requested, by
| 24 | | the employing board at least 45 days before the end of any | 25 | | school term within such
period.
| 26 | | (d) For any teacher who is first employed as a full-time |
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| 1 | | teacher in a school district or program on or after the PERA | 2 | | implementation date, the probationary period shall be one of | 3 | | the following periods, based upon the teacher's school terms | 4 | | of service and performance, before the teacher shall enter | 5 | | upon contractual continued service in the district or in all | 6 | | of the programs that the teacher is legally qualified to hold, | 7 | | unless the teacher is given written notice of dismissal by | 8 | | certified mail, return receipt requested, by the employing | 9 | | board on or before April 15 at least 45 days before the end of | 10 | | any school term within such period : | 11 | | (1) 3 4 consecutive school terms of service in which | 12 | | the teacher holds a Professional Educator License and | 13 | | receives overall annual evaluation ratings of at least | 14 | | "Proficient" in the last school term and at least | 15 | | "Proficient" in either the second and or third school | 16 | | terms term ; | 17 | | (2) 2 3 consecutive school terms of service in which | 18 | | the teacher holds a Professional Educator License and | 19 | | receives 2 3 overall annual evaluations of "Excellent"; or | 20 | | (3) 2 consecutive school terms of service in which the | 21 | | teacher holds a Professional Educator License and receives | 22 | | 2 overall annual evaluations of "Excellent" service, but | 23 | | only if the teacher (i) previously attained contractual | 24 | | continued service in a different school district or | 25 | | program in this State, (ii) voluntarily departed or was | 26 | | honorably dismissed from that school district or program |
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| 1 | | in the school term immediately prior to the teacher's | 2 | | first school term of service applicable to the attainment | 3 | | of contractual continued service under this subdivision | 4 | | (3), and (iii) received, in his or her 2 most recent | 5 | | overall annual or biennial evaluations from the prior | 6 | | school district or program, ratings of at least | 7 | | "Proficient", with both such ratings occurring after the | 8 | | school district's or program's PERA implementation date. | 9 | | For a teacher to attain contractual continued service | 10 | | under this subdivision (3), the teacher shall provide | 11 | | official copies of his or her 2 most recent overall annual | 12 | | or biennial evaluations from the prior school district or | 13 | | program to the new school district or program within 60 | 14 | | days from the teacher's first day of service with the new | 15 | | school district or program. The prior school district or | 16 | | program must provide the teacher with official copies of | 17 | | his or her 2 most recent overall annual or biennial | 18 | | evaluations within 14 days after the teacher's request. If | 19 | | a teacher has requested such official copies prior to 45 | 20 | | days after the teacher's first day of service with the new | 21 | | school district or program and the teacher's prior school | 22 | | district or program fails to provide the teacher with the | 23 | | official copies required under this subdivision (3), then | 24 | | the time period for the teacher to submit the official | 25 | | copies to his or her new school district or program must be | 26 | | extended until 14 days after receipt of such copies from |
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| 1 | | the prior school district or program. If the prior school | 2 | | district or program fails to provide the teacher with the | 3 | | official copies required under this subdivision (3) within | 4 | | 90 days from the teacher's first day of service with the | 5 | | new school district or program, then the new school | 6 | | district or program shall rely upon the teacher's own | 7 | | copies of his or her evaluations for purposes of this | 8 | | subdivision (3). | 9 | | If the teacher does not receive overall annual evaluations | 10 | | of "Excellent" in the school terms necessary for eligibility | 11 | | to achieve accelerated contractual continued service in | 12 | | subdivisions (2) and (3) of this subsection (d), the teacher | 13 | | shall be eligible for contractual continued service pursuant | 14 | | to subdivision (1) of this subsection (d). If, at the | 15 | | conclusion of 3 4 consecutive school terms of service that | 16 | | count toward attainment of contractual continued service, the | 17 | | teacher's performance does not qualify the teacher for | 18 | | contractual continued service under subdivision (1) of this | 19 | | subsection (d), then the teacher shall not enter upon | 20 | | contractual continued service and shall be dismissed. If a | 21 | | performance evaluation is not conducted for any school term | 22 | | when such evaluation is required to be conducted under Section | 23 | | 24A-5 of this Code, then the teacher's performance evaluation | 24 | | rating for such school term for purposes of determining the | 25 | | attainment of contractual continued service shall be deemed | 26 | | "Proficient", except that, during any time in which the |
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| 1 | | Governor has declared a disaster due to a public health | 2 | | emergency pursuant to Section 7 of the Illinois Emergency | 3 | | Management Agency Act, this default to "Proficient" does not | 4 | | apply to any teacher who has entered into contractual | 5 | | continued service and who was deemed "Excellent" on his or her | 6 | | most recent evaluation. During any time in which the Governor | 7 | | has declared a disaster due to a public health emergency | 8 | | pursuant to Section 7 of the Illinois Emergency Management | 9 | | Agency Act and unless the school board and any exclusive | 10 | | bargaining representative have completed the performance | 11 | | rating for teachers or mutually agreed to an alternate | 12 | | performance rating, any teacher who has entered into | 13 | | contractual continued service, whose most recent evaluation | 14 | | was deemed "Excellent", and whose performance evaluation is | 15 | | not conducted when the evaluation is required to be conducted | 16 | | shall receive a teacher's performance rating deemed | 17 | | "Excellent". A school board and any exclusive bargaining | 18 | | representative may mutually agree to an alternate performance | 19 | | rating for teachers not in contractual continued service | 20 | | during any time in which the Governor has declared a disaster | 21 | | due to a public health emergency pursuant to Section 7 of the | 22 | | Illinois Emergency Management Agency Act, as long as the | 23 | | agreement is in writing. | 24 | | (e) For the purposes of determining contractual continued | 25 | | service, a school term shall be counted only toward attainment | 26 | | of contractual continued service if the teacher actually |
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| 1 | | teaches or is otherwise present and participating in the | 2 | | district's or program's educational program for 120 days or | 3 | | more, provided that the days of leave under the federal Family | 4 | | Medical Leave Act that the teacher is required to take until | 5 | | the end of the school term shall be considered days of teaching | 6 | | or participation in the district's or program's educational | 7 | | program. A school term that is not counted toward attainment | 8 | | of contractual continued service shall not be considered a | 9 | | break in service for purposes of determining whether a teacher | 10 | | has been employed for 3 4 consecutive school terms, provided | 11 | | that the teacher actually teaches or is otherwise present and | 12 | | participating in the district's or program's educational | 13 | | program in the following school term. | 14 | | (f) If the employing board determines to dismiss the | 15 | | teacher in the last year of the probationary period as | 16 | | provided in subsection (c) of this Section or subdivision (1) | 17 | | or (2) of subsection (d) of this Section, but not subdivision | 18 | | (3) of subsection (d) of this Section, the written notice of | 19 | | dismissal provided by the employing board must contain | 20 | | specific reasons for dismissal. Any full-time teacher who does | 21 | | not receive written notice from the employing board at least | 22 | | 45 days before the end of any school term as provided in this | 23 | | Section and whose performance does not require dismissal after | 24 | | the third fourth probationary year pursuant to subsection (d) | 25 | | of this Section shall be re-employed for the following school | 26 | | term.
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| 1 | | (g) Contractual continued service shall continue in effect | 2 | | the terms and
provisions of the contract with the teacher | 3 | | during the last school term
of the probationary period, | 4 | | subject to this Act and the lawful
regulations of the | 5 | | employing board. This Section and succeeding Sections
do not | 6 | | modify any existing power of the board except with respect to | 7 | | the
procedure of the discharge of a teacher and reductions in | 8 | | salary as
hereinafter provided. Contractual continued service | 9 | | status shall not
restrict the power of the board to transfer a | 10 | | teacher to a position
which the teacher is qualified to fill or | 11 | | to make such salary
adjustments as it deems desirable, but | 12 | | unless reductions in salary are
uniform or based upon some | 13 | | reasonable classification, any teacher whose
salary is reduced | 14 | | shall be entitled to a notice and a hearing as
hereinafter | 15 | | provided in the case of certain dismissals or removals.
| 16 | | (h) If, by reason of any change in the boundaries of school | 17 | | districts, by reason of a special education cooperative | 18 | | reorganization or dissolution in accordance with Section | 19 | | 10-22.31 of this Code, or by reason of the creation of a new | 20 | | school district, the position held by any teacher having a | 21 | | contractual continued service status is transferred from one | 22 | | board to the control of a new or different board, then the | 23 | | contractual continued service status of the teacher is not | 24 | | thereby lost, and such new or different board is subject to | 25 | | this Code with respect to the teacher in the same manner as if | 26 | | the teacher were its employee and had been its employee during |
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| 1 | | the time the teacher was actually employed by the board from | 2 | | whose control the position was transferred. | 3 | | (i) The employment of any teacher in a program of a special | 4 | | education joint
agreement established under Section 3-15.14, | 5 | | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | 6 | | Sections of this Article. For purposes of
attaining and | 7 | | maintaining contractual continued service and computing
length | 8 | | of continuing service as referred to in this Section and | 9 | | Section
24-12, employment in a special educational joint | 10 | | program shall be deemed a
continuation of all previous | 11 | | licensed employment of such teacher for
such joint agreement | 12 | | whether the employer of the teacher was the joint
agreement, | 13 | | the regional superintendent, or one of the participating
| 14 | | districts in the joint agreement.
| 15 | | (j) For any teacher employed after July 1, 1987 as a | 16 | | full-time teacher in a program of a special education joint | 17 | | agreement, whether the program is operated by the joint | 18 | | agreement or a member district on behalf of the joint | 19 | | agreement, in the event of a reduction in the number of | 20 | | programs or positions in the joint agreement in which the | 21 | | notice of dismissal is provided on or before the end of the | 22 | | 2010-2011 school term, the teacher in contractual continued | 23 | | service is eligible for employment in the joint agreement | 24 | | programs for which the teacher is legally qualified in order | 25 | | of greater length of continuing service in the joint | 26 | | agreement, unless an alternative method of determining the |
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| 1 | | sequence of dismissal is established in a collective | 2 | | bargaining agreement. For any teacher employed after July 1, | 3 | | 1987 as a full-time teacher in a program of a special education | 4 | | joint agreement, whether the program is operated by the joint | 5 | | agreement or a member district on behalf of the joint | 6 | | agreement, in the event of a reduction in the number of | 7 | | programs or positions in the joint agreement in which the | 8 | | notice of dismissal is provided during the 2011-2012 school | 9 | | term or a subsequent school term, the teacher shall be | 10 | | included on the honorable dismissal lists of all joint | 11 | | agreement programs for positions for which the teacher is | 12 | | qualified and is eligible for employment in such programs in | 13 | | accordance with subsections (b) and (c) of Section 24-12 of | 14 | | this Code and the applicable honorable dismissal policies of | 15 | | the joint agreement. | 16 | | (k) For any teacher employed after July 1, 1987 as a | 17 | | full-time teacher in a program of a special education joint | 18 | | agreement, whether the program is operated by the joint | 19 | | agreement or a member district on behalf of the joint | 20 | | agreement, in the event of the dissolution of a joint | 21 | | agreement, in which the notice to teachers of the dissolution | 22 | | is provided during the 2010-2011 school term, the teacher in | 23 | | contractual continued service who is legally qualified shall | 24 | | be assigned to any comparable position in a member district | 25 | | currently held by a teacher who has not entered upon | 26 | | contractual continued service or held by a teacher who has |
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| 1 | | entered upon contractual continued service with a shorter | 2 | | length of contractual continued service. Any teacher employed | 3 | | after July 1, 1987 as a full-time teacher in a program of a | 4 | | special education joint agreement, whether the program is | 5 | | operated by the joint agreement or a member district on behalf | 6 | | of the joint agreement, in the event of the dissolution of a | 7 | | joint agreement in which the notice to teachers of the | 8 | | dissolution is provided during the 2011-2012 school term or a | 9 | | subsequent school term, the teacher who is qualified shall be | 10 | | included on the order of honorable dismissal lists of each | 11 | | member district and shall be assigned to any comparable | 12 | | position in any such district in accordance with subsections | 13 | | (b) and (c) of Section 24-12 of this Code and the applicable | 14 | | honorable dismissal policies of each member district.
| 15 | | (l) The governing board of the joint agreement, or the | 16 | | administrative
district, if so authorized by the articles of | 17 | | agreement of the joint
agreement, rather than the board of | 18 | | education of a school district, may
carry out employment and | 19 | | termination actions including dismissals under
this Section | 20 | | and Section 24-12.
| 21 | | (m) The employment of any teacher in a special education | 22 | | program
authorized by Section 14-1.01 through 14-14.01, or a | 23 | | joint educational
program established under Section 10-22.31a, | 24 | | shall be under this and the
succeeding Sections of this | 25 | | Article, and such employment shall be deemed
a continuation of | 26 | | the previous employment of such teacher in any of the
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| 1 | | participating districts, regardless of the participation of | 2 | | other
districts in the program. | 3 | | (n) Any teacher employed as a full-time teacher in
a | 4 | | special education program prior to September 23, 1987 in which | 5 | | 2 or
more school districts
participate for a probationary | 6 | | period of 2 consecutive years shall enter
upon contractual | 7 | | continued service in each of the participating
districts, | 8 | | subject to this and the succeeding Sections of this Article,
| 9 | | and, notwithstanding Section 24-1.5 of this Code, in the event | 10 | | of the termination of the program shall be eligible for
any | 11 | | vacant position in any of such districts for which such | 12 | | teacher is
qualified.
| 13 | | (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22; | 14 | | 102-854, eff. 5-13-22.)
| 15 | | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| 16 | | Sec. 24-12. Removal or dismissal of teachers in | 17 | | contractual
continued service. | 18 | | (a) This subsection (a) applies only to honorable | 19 | | dismissals and recalls in which the notice of dismissal is | 20 | | provided on or before the end of the 2010-2011 school term. If | 21 | | a teacher in contractual continued service is
removed or | 22 | | dismissed as a result of a decision of the board to decrease
| 23 | | the number of teachers employed by the board or to discontinue | 24 | | some
particular type of teaching service, written notice shall | 25 | | be mailed to the
teacher and also given the
teacher either by |
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| 1 | | certified mail, return receipt requested or
personal delivery | 2 | | with receipt at least 60
days before
the end of the school | 3 | | term, together with a statement of honorable
dismissal and the | 4 | | reason therefor, and in all such cases the board shall
first | 5 | | remove or dismiss all teachers who have not entered upon | 6 | | contractual
continued service before removing or dismissing | 7 | | any teacher who has entered
upon contractual continued service | 8 | | and who is legally qualified to hold a
position currently held | 9 | | by a teacher who has not entered upon contractual
continued | 10 | | service. | 11 | | As between teachers who have entered upon contractual
| 12 | | continued service, the teacher or teachers with the shorter | 13 | | length of
continuing service with the district shall be | 14 | | dismissed first
unless an alternative method of determining | 15 | | the sequence of dismissal is
established in a collective | 16 | | bargaining agreement or contract between the
board and a | 17 | | professional faculty members' organization and except that
| 18 | | this provision shall not impair the operation of any | 19 | | affirmative action
program in the district, regardless of | 20 | | whether it exists by operation of
law or is conducted on a | 21 | | voluntary basis by the board. Any teacher
dismissed as a | 22 | | result of such decrease or discontinuance shall be paid
all | 23 | | earned compensation on or before the third business day | 24 | | following
the last day of pupil attendance in the regular | 25 | | school term. | 26 | | If the
board has any vacancies for the following school |
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| 1 | | term or within one
calendar year from the beginning of the | 2 | | following school term, the
positions thereby becoming | 3 | | available shall be tendered to the teachers
so removed or | 4 | | dismissed so far as they are legally qualified to hold
such | 5 | | positions; provided, however, that if the number of honorable
| 6 | | dismissal notices based on economic necessity exceeds 15% of | 7 | | the number of full-time
equivalent positions filled by | 8 | | certified employees (excluding
principals and administrative | 9 | | personnel) during the preceding school year,
then if the board | 10 | | has any vacancies for the following school term or within
2 | 11 | | calendar years from the beginning of the following
school | 12 | | term, the positions so becoming available shall be tendered to | 13 | | the
teachers who were so notified and removed or dismissed | 14 | | whenever they are
legally qualified to hold such positions. | 15 | | Each board shall, in consultation
with any exclusive employee | 16 | | representatives, each year establish a list,
categorized by | 17 | | positions, showing the length of continuing service of each
| 18 | | teacher who is qualified to hold any such positions, unless an | 19 | | alternative
method of determining a sequence of dismissal is | 20 | | established as provided
for in this Section, in which case a | 21 | | list shall be made in accordance with
the alternative method. | 22 | | Copies of the list shall be distributed to the
exclusive | 23 | | employee representative on or before February 1 of each year.
| 24 | | Whenever the number of honorable dismissal notices based upon | 25 | | economic
necessity exceeds 5, or 150% of the average number of | 26 | | teachers honorably
dismissed in the preceding 3 years, |
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| 1 | | whichever is more, then the board also
shall hold a public | 2 | | hearing on the question of the dismissals. Following
the | 3 | | hearing and board review, the action to approve any such | 4 | | reduction shall
require a majority vote of the board members.
| 5 | | (b) This subsection (b) applies only to honorable | 6 | | dismissals and recalls in which the notice of dismissal is | 7 | | provided during the 2011-2012 school term or a subsequent | 8 | | school term. If any teacher, whether or not in contractual | 9 | | continued service, is removed or dismissed as a result of a | 10 | | decision of a school board to decrease the number of teachers | 11 | | employed by the board, a decision of a school board to | 12 | | discontinue some particular type of teaching service, or a | 13 | | reduction in the number of programs or positions in a special | 14 | | education joint agreement, then written notice must be mailed | 15 | | to the teacher and also given to the teacher either by | 16 | | electronic mail, certified mail, return receipt requested, or | 17 | | personal delivery with receipt on or before April 15 at least | 18 | | 45 days before the end of the school term , together with a | 19 | | statement of honorable dismissal and the reason therefor, and | 20 | | in all such cases the sequence of dismissal shall occur in | 21 | | accordance with this subsection (b); except that this | 22 | | subsection (b) shall not impair the operation of any | 23 | | affirmative action program in the school district, regardless | 24 | | of whether it exists by operation of law or is conducted on a | 25 | | voluntary basis by the board. | 26 | | Each teacher must be categorized into one or more |
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| 1 | | positions for which the teacher is qualified to hold, based | 2 | | upon legal qualifications and any other qualifications | 3 | | established in a district or joint agreement job description, | 4 | | on or before the May 10 prior to the school year during which | 5 | | the sequence of dismissal is determined. Within each position | 6 | | and subject to agreements made by the joint committee on | 7 | | honorable dismissals that are authorized by subsection (c) of | 8 | | this Section, the school district or joint agreement must | 9 | | establish 4 groupings of teachers qualified to hold the | 10 | | position as follows: | 11 | | (1) Grouping one shall consist of each teacher who is | 12 | | not in contractual continued service and who (i) has not | 13 | | received a performance evaluation rating, (ii) is employed | 14 | | for one school term or less to replace a teacher on leave, | 15 | | or (iii) is employed on a part-time basis. "Part-time | 16 | | basis" for the purposes of this subsection (b) means a | 17 | | teacher who is employed to teach less than a full-day, | 18 | | teacher workload or less than 5 days of the normal student | 19 | | attendance week, unless otherwise provided for in a | 20 | | collective bargaining agreement between the district and | 21 | | the exclusive representative of the district's teachers. | 22 | | For the purposes of this Section, a teacher (A) who is | 23 | | employed as a full-time teacher but who actually teaches | 24 | | or is otherwise present and participating in the | 25 | | district's educational program for less than a school term | 26 | | or (B) who, in the immediately previous school term, was |
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| 1 | | employed on a full-time basis and actually taught or was | 2 | | otherwise present and participated in the district's | 3 | | educational program for 120 days or more is not considered | 4 | | employed on a part-time basis. | 5 | | (2) Grouping 2 shall consist of each teacher with a | 6 | | Needs Improvement or Unsatisfactory performance evaluation | 7 | | rating on either of the teacher's last 2 performance | 8 | | evaluation ratings. | 9 | | (3) Grouping 3 shall consist of each teacher with a | 10 | | performance evaluation rating of at least Satisfactory or | 11 | | Proficient on both of the teacher's last 2 performance | 12 | | evaluation ratings, if 2 ratings are available, or on the | 13 | | teacher's last performance evaluation rating, if only one | 14 | | rating is available, unless the teacher qualifies for | 15 | | placement into grouping 4. | 16 | | (4) Grouping 4 shall consist of each teacher whose | 17 | | last 2 performance evaluation ratings are Excellent and | 18 | | each teacher with 2 Excellent performance evaluation | 19 | | ratings out of the teacher's last 3 performance evaluation | 20 | | ratings with a third rating of Satisfactory or Proficient. | 21 | | Among teachers qualified to hold a position, teachers must | 22 | | be dismissed in the order of their groupings, with teachers in | 23 | | grouping one dismissed first and teachers in grouping 4 | 24 | | dismissed last. | 25 | | Within grouping one, the sequence of dismissal must be at | 26 | | the discretion of the school district or joint agreement. |
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| 1 | | Within grouping 2, the sequence of dismissal must be based | 2 | | upon average performance evaluation ratings, with the teacher | 3 | | or teachers with the lowest average performance evaluation | 4 | | rating dismissed first. A teacher's average performance | 5 | | evaluation rating must be calculated using the average of the | 6 | | teacher's last 2 performance evaluation ratings, if 2 ratings | 7 | | are available, or the teacher's last performance evaluation | 8 | | rating, if only one rating is available, using the following | 9 | | numerical values: 4 for Excellent; 3 for Proficient or | 10 | | Satisfactory; 2 for Needs Improvement; and 1 for | 11 | | Unsatisfactory. As between or among teachers in grouping 2 | 12 | | with the same average performance evaluation rating and within | 13 | | each of groupings 3 and 4, the teacher or teachers with the | 14 | | shorter length of continuing service with the school district | 15 | | or joint agreement must be dismissed first unless an | 16 | | alternative method of determining the sequence of dismissal is | 17 | | established in a collective bargaining agreement or contract | 18 | | between the board and a professional faculty members' | 19 | | organization. | 20 | | Each board, including the governing board of a joint | 21 | | agreement, shall, in consultation with any exclusive employee | 22 | | representatives, each year establish a sequence of honorable | 23 | | dismissal list categorized by positions and the groupings | 24 | | defined in this subsection (b). Copies of the list showing | 25 | | each teacher by name and categorized by positions and the | 26 | | groupings defined in this subsection (b) must be distributed |
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| 1 | | to the exclusive bargaining representative at least 75 days | 2 | | before the end of the school term, provided that the school | 3 | | district or joint agreement may, with notice to any exclusive | 4 | | employee representatives, move teachers from grouping one into | 5 | | another grouping during the period of time from 75 days until | 6 | | 45 days before the end of the school term. Each year, each | 7 | | board shall also establish, in consultation with any exclusive | 8 | | employee representatives, a list showing the length of | 9 | | continuing service of each teacher who is qualified to hold | 10 | | any such positions, unless an alternative method of | 11 | | determining a sequence of dismissal is established as provided | 12 | | for in this Section, in which case a list must be made in | 13 | | accordance with the alternative method. Copies of the list | 14 | | must be distributed to the exclusive employee representative | 15 | | at least 75 days before the end of the school term. | 16 | | Any teacher dismissed as a result of such decrease or | 17 | | discontinuance must be paid all earned compensation on or | 18 | | before the third business day following the last day of pupil | 19 | | attendance in the regular school term. | 20 | | If the board or joint agreement has any vacancies for the | 21 | | following school term or within one calendar year from the | 22 | | beginning of the following school term, the positions thereby | 23 | | becoming available must be tendered to the teachers so removed | 24 | | or dismissed who were in grouping 3 or 4 of the sequence of | 25 | | dismissal and are qualified to hold the positions, based upon | 26 | | legal qualifications and any other qualifications established |
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| 1 | | in a district or joint agreement job description, on or before | 2 | | the May 10 prior to the date of the positions becoming | 3 | | available, provided that if the number of honorable dismissal | 4 | | notices based on economic necessity exceeds 15% of the number | 5 | | of full-time equivalent positions filled by certified | 6 | | employees (excluding principals and administrative personnel) | 7 | | during the preceding school year, then the recall period is | 8 | | for the following school term or within 2 calendar years from | 9 | | the beginning of the following school term. If the board or | 10 | | joint agreement has any vacancies within the period from the | 11 | | beginning of the following school term through February 1 of | 12 | | the following school term (unless a date later than February | 13 | | 1, but no later than 6 months from the beginning of the | 14 | | following school term, is established in a collective | 15 | | bargaining agreement), the positions thereby becoming | 16 | | available must be tendered to the teachers so removed or | 17 | | dismissed who were in grouping 2 of the sequence of dismissal | 18 | | due to one "needs improvement" rating on either of the | 19 | | teacher's last 2 performance evaluation ratings, provided | 20 | | that, if 2 ratings are available, the other performance | 21 | | evaluation rating used for grouping purposes is | 22 | | "satisfactory", "proficient", or "excellent", and are | 23 | | qualified to hold the positions, based upon legal | 24 | | qualifications and any other qualifications established in a | 25 | | district or joint agreement job description, on or before the | 26 | | May 10 prior to the date of the positions becoming available. |
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| 1 | | On and after July 1, 2014 (the effective date of Public Act | 2 | | 98-648), the preceding sentence shall apply to teachers | 3 | | removed or dismissed by honorable dismissal, even if notice of | 4 | | honorable dismissal occurred during the 2013-2014 school year. | 5 | | Among teachers eligible for recall pursuant to the preceding | 6 | | sentence, the order of recall must be in inverse order of | 7 | | dismissal, unless an alternative order of recall is | 8 | | established in a collective bargaining agreement or contract | 9 | | between the board and a professional faculty members' | 10 | | organization. Whenever the number of honorable dismissal | 11 | | notices based upon economic necessity exceeds 5 notices or | 12 | | 150% of the average number of teachers honorably dismissed in | 13 | | the preceding 3 years, whichever is more, then the school | 14 | | board or governing board of a joint agreement, as applicable, | 15 | | shall also hold a public hearing on the question of the | 16 | | dismissals. Following the hearing and board review, the action | 17 | | to approve any such reduction shall require a majority vote of | 18 | | the board members. | 19 | | For purposes of this subsection (b), subject to agreement | 20 | | on an alternative definition reached by the joint committee | 21 | | described in subsection (c) of this Section, a teacher's | 22 | | performance evaluation rating means the overall performance | 23 | | evaluation rating resulting from an annual or biennial | 24 | | performance evaluation conducted pursuant to Article 24A of | 25 | | this Code by the school district or joint agreement | 26 | | determining the sequence of dismissal, not including any |
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| 1 | | performance evaluation conducted during or at the end of a | 2 | | remediation period. No more than one evaluation rating each | 3 | | school term shall be one of the evaluation ratings used for the | 4 | | purpose of determining the sequence of dismissal. Except as | 5 | | otherwise provided in this subsection for any performance | 6 | | evaluations conducted during or at the end of a remediation | 7 | | period, if multiple performance evaluations are conducted in a | 8 | | school term, only the rating from the last evaluation | 9 | | conducted prior to establishing the sequence of honorable | 10 | | dismissal list in such school term shall be the one evaluation | 11 | | rating from that school term used for the purpose of | 12 | | determining the sequence of dismissal. Averaging ratings from | 13 | | multiple evaluations is not permitted unless otherwise agreed | 14 | | to in a collective bargaining agreement or contract between | 15 | | the board and a professional faculty members' organization. | 16 | | The preceding 3 sentences are not a legislative declaration | 17 | | that existing law does or does not already require that only | 18 | | one performance evaluation each school term shall be used for | 19 | | the purpose of determining the sequence of dismissal. For | 20 | | performance evaluation ratings determined prior to September | 21 | | 1, 2012, any school district or joint agreement with a | 22 | | performance evaluation rating system that does not use either | 23 | | of the rating category systems specified in subsection (d) of | 24 | | Section 24A-5 of this Code for all teachers must establish a | 25 | | basis for assigning each teacher a rating that complies with | 26 | | subsection (d) of Section 24A-5 of this Code for all of the |
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| 1 | | performance evaluation ratings that are to be used to | 2 | | determine the sequence of dismissal. A teacher's grouping and | 3 | | ranking on a sequence of honorable dismissal shall be deemed a | 4 | | part of the teacher's performance evaluation, and that | 5 | | information shall be disclosed to the exclusive bargaining | 6 | | representative as part of a sequence of honorable dismissal | 7 | | list, notwithstanding any laws prohibiting disclosure of such | 8 | | information. A performance evaluation rating may be used to | 9 | | determine the sequence of dismissal, notwithstanding the | 10 | | pendency of any grievance resolution or arbitration procedures | 11 | | relating to the performance evaluation. If a teacher has | 12 | | received at least one performance evaluation rating conducted | 13 | | by the school district or joint agreement determining the | 14 | | sequence of dismissal and a subsequent performance evaluation | 15 | | is not conducted in any school year in which such evaluation is | 16 | | required to be conducted under Section 24A-5 of this Code, the | 17 | | teacher's performance evaluation rating for that school year | 18 | | for purposes of determining the sequence of dismissal is | 19 | | deemed Proficient, except that, during any time in which the | 20 | | Governor has declared a disaster due to a public health | 21 | | emergency pursuant to Section 7 of the Illinois Emergency | 22 | | Management Agency Act, this default to Proficient does not | 23 | | apply to any teacher who has entered into contractual | 24 | | continued service and who was deemed Excellent on his or her | 25 | | most recent evaluation. During any time in which the Governor | 26 | | has declared a disaster due to a public health emergency |
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| 1 | | pursuant to Section 7 of the Illinois Emergency Management | 2 | | Agency Act and unless the school board and any exclusive | 3 | | bargaining representative have completed the performance | 4 | | rating for teachers or have mutually agreed to an alternate | 5 | | performance rating, any teacher who has entered into | 6 | | contractual continued service, whose most recent evaluation | 7 | | was deemed Excellent, and whose performance evaluation is not | 8 | | conducted when the evaluation is required to be conducted | 9 | | shall receive a teacher's performance rating deemed Excellent. | 10 | | A school board and any exclusive bargaining representative may | 11 | | mutually agree to an alternate performance rating for teachers | 12 | | not in contractual continued service during any time in which | 13 | | the Governor has declared a disaster due to a public health | 14 | | emergency pursuant to Section 7 of the Illinois Emergency | 15 | | Management Agency Act, as long as the agreement is in writing. | 16 | | If a performance evaluation rating is nullified as the result | 17 | | of an arbitration, administrative agency, or court | 18 | | determination, then the school district or joint agreement is | 19 | | deemed to have conducted a performance evaluation for that | 20 | | school year, but the performance evaluation rating may not be | 21 | | used in determining the sequence of dismissal. | 22 | | Nothing in this subsection (b) shall be construed as | 23 | | limiting the right of a school board or governing board of a | 24 | | joint agreement to dismiss a teacher not in contractual | 25 | | continued service in accordance with Section 24-11 of this | 26 | | Code. |
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| 1 | | Any provisions regarding the sequence of honorable | 2 | | dismissals and recall of honorably dismissed teachers in a | 3 | | collective bargaining agreement entered into on or before | 4 | | January 1, 2011 and in effect on June 13, 2011 (the effective | 5 | | date of Public Act 97-8) that may conflict with Public Act 97-8 | 6 | | shall remain in effect through the expiration of such | 7 | | agreement or June 30, 2013, whichever is earlier. | 8 | | (c) Each school district and special education joint | 9 | | agreement must use a joint committee composed of equal | 10 | | representation selected by the school board and its teachers | 11 | | or, if applicable, the exclusive bargaining representative of | 12 | | its teachers, to address the matters described in paragraphs | 13 | | (1) through (5) of this subsection (c) pertaining to honorable | 14 | | dismissals under subsection (b) of this Section. | 15 | | (1) The joint committee must consider and may agree to | 16 | | criteria for excluding from grouping 2 and placing into | 17 | | grouping 3 a teacher whose last 2 performance evaluations | 18 | | include a Needs Improvement and either a Proficient or | 19 | | Excellent. | 20 | | (2) The joint committee must consider and may agree to | 21 | | an alternative definition for grouping 4, which definition | 22 | | must take into account prior performance evaluation | 23 | | ratings and may take into account other factors that | 24 | | relate to the school district's or program's educational | 25 | | objectives. An alternative definition for grouping 4 may | 26 | | not permit the inclusion of a teacher in the grouping with |
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| 1 | | a Needs Improvement or Unsatisfactory performance | 2 | | evaluation rating on either of the teacher's last 2 | 3 | | performance evaluation ratings. | 4 | | (3) The joint committee may agree to including within | 5 | | the definition of a performance evaluation rating a | 6 | | performance evaluation rating administered by a school | 7 | | district or joint agreement other than the school district | 8 | | or joint agreement determining the sequence of dismissal. | 9 | | (4) For each school district or joint agreement that | 10 | | administers performance evaluation ratings that are | 11 | | inconsistent with either of the rating category systems | 12 | | specified in subsection (d) of Section 24A-5 of this Code, | 13 | | the school district or joint agreement must consult with | 14 | | the joint committee on the basis for assigning a rating | 15 | | that complies with subsection (d) of Section 24A-5 of this | 16 | | Code to each performance evaluation rating that will be | 17 | | used in a sequence of dismissal. | 18 | | (5) Upon request by a joint committee member submitted | 19 | | to the employing board by no later than 10 days after the | 20 | | distribution of the sequence of honorable dismissal list, | 21 | | a representative of the employing board shall, within 5 | 22 | | days after the request, provide to members of the joint | 23 | | committee a list showing the most recent and prior | 24 | | performance evaluation ratings of each teacher identified | 25 | | only by length of continuing service in the district or | 26 | | joint agreement and not by name. If, after review of this |
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| 1 | | list, a member of the joint committee has a good faith | 2 | | belief that a disproportionate number of teachers with | 3 | | greater length of continuing service with the district or | 4 | | joint agreement have received a recent performance | 5 | | evaluation rating lower than the prior rating, the member | 6 | | may request that the joint committee review the list to | 7 | | assess whether such a trend may exist. Following the joint | 8 | | committee's review, but by no later than the end of the | 9 | | applicable school term, the joint committee or any member | 10 | | or members of the joint committee may submit a report of | 11 | | the review to the employing board and exclusive bargaining | 12 | | representative, if any. Nothing in this paragraph (5) | 13 | | shall impact the order of honorable dismissal or a school | 14 | | district's or joint agreement's authority to carry out a | 15 | | dismissal in accordance with subsection (b) of this | 16 | | Section. | 17 | | Agreement by the joint committee as to a matter requires | 18 | | the majority vote of all committee members, and if the joint | 19 | | committee does not reach agreement on a matter, then the | 20 | | otherwise applicable requirements of subsection (b) of this | 21 | | Section shall apply. Except as explicitly set forth in this | 22 | | subsection (c), a joint committee has no authority to agree to | 23 | | any further modifications to the requirements for honorable | 24 | | dismissals set forth in subsection (b) of this Section.
The | 25 | | joint committee must be established, and the first meeting of | 26 | | the joint committee each school year must occur on or before |
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| 1 | | December 1. | 2 | | The joint committee must reach agreement on a matter on or | 3 | | before February 1 of a school year in order for the agreement | 4 | | of the joint committee to apply to the sequence of dismissal | 5 | | determined during that school year. Subject to the February 1 | 6 | | deadline for agreements, the agreement of a joint committee on | 7 | | a matter shall apply to the sequence of dismissal until the | 8 | | agreement is amended or terminated by the joint committee. | 9 | | The provisions of the Open Meetings Act shall not apply to | 10 | | meetings of a joint committee created under this subsection | 11 | | (c). | 12 | | (d) Notwithstanding anything to the contrary in this | 13 | | subsection (d), the requirements and dismissal procedures of | 14 | | Section 24-16.5 of this Code shall apply to any dismissal | 15 | | sought under Section 24-16.5 of this Code. | 16 | | (1) If a dismissal of a teacher in contractual | 17 | | continued service is sought for any reason or cause other | 18 | | than an honorable dismissal under subsections (a) or (b) | 19 | | of this Section or a dismissal sought under Section | 20 | | 24-16.5 of this Code,
including those under Section | 21 | | 10-22.4, the board must first approve a
motion containing | 22 | | specific charges by a majority vote of all its
members. | 23 | | Written notice of such charges, including a bill of | 24 | | particulars and the teacher's right to request a hearing, | 25 | | must be mailed to the teacher and also given to the teacher | 26 | | either by electronic mail, certified mail, return receipt |
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| 1 | | requested, or personal delivery with receipt
within 5 days | 2 | | of the adoption of the motion. Any written notice sent on | 3 | | or after July 1, 2012 shall inform the teacher of the right | 4 | | to request a hearing before a mutually selected hearing | 5 | | officer, with the cost of the hearing officer split | 6 | | equally between the teacher and the board, or a hearing | 7 | | before a board-selected hearing officer, with the cost of | 8 | | the hearing officer paid by the board. | 9 | | Before setting a hearing on charges stemming from | 10 | | causes that are considered remediable, a board must give | 11 | | the teacher reasonable warning in writing, stating | 12 | | specifically the causes that, if not removed, may result | 13 | | in charges; however, no such written warning is required | 14 | | if the causes have been the subject of a remediation plan | 15 | | pursuant to Article 24A of this Code. | 16 | | If, in the opinion of the board, the interests of the | 17 | | school require it, the board may suspend the teacher | 18 | | without pay, pending the hearing, but if the board's | 19 | | dismissal or removal is not sustained, the teacher shall | 20 | | not suffer the loss of any salary or benefits by reason of | 21 | | the suspension. | 22 | | (2) No hearing upon the charges is required unless the
| 23 | | teacher within 17 days after receiving notice requests in | 24 | | writing of the
board that a hearing be scheduled before a | 25 | | mutually selected hearing officer or a hearing officer | 26 | | selected by the board.
The secretary of the school board |
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| 1 | | shall forward a copy of the notice to the
State Board of | 2 | | Education. | 3 | | (3) Within 5 business days after receiving a notice of
| 4 | | hearing in which either notice to the teacher was sent | 5 | | before July 1, 2012 or, if the notice was sent on or after | 6 | | July 1, 2012, the teacher has requested a hearing before a | 7 | | mutually selected hearing officer, the State Board of | 8 | | Education shall provide a list of 5
prospective, impartial | 9 | | hearing officers from the master list of qualified, | 10 | | impartial hearing officers maintained by the State Board | 11 | | of Education. Each person on the master list must (i) be
| 12 | | accredited by a national arbitration organization and have | 13 | | had a minimum of 5
years of experience directly related to | 14 | | labor and employment
relations matters between employers | 15 | | and employees or
their exclusive bargaining | 16 | | representatives and (ii) beginning September 1, 2012, have | 17 | | participated in training provided or approved by the State | 18 | | Board of Education for teacher dismissal hearing officers | 19 | | so that he or she is familiar with issues generally | 20 | | involved in evaluative and non-evaluative dismissals. | 21 | | If notice to the teacher was sent before July 1, 2012 | 22 | | or, if the notice was sent on or after July 1, 2012, the | 23 | | teacher has requested a hearing before a mutually selected | 24 | | hearing officer, the board and the teacher or their
legal | 25 | | representatives within 3 business days shall alternately | 26 | | strike one name from
the list provided by the State Board |
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| 1 | | of Education until only one name remains. Unless waived by | 2 | | the teacher, the
teacher shall have the right to
proceed | 3 | | first with the striking.
Within 3 business days of receipt | 4 | | of the list provided by the State Board of
Education, the | 5 | | board and the teacher or their legal representatives shall | 6 | | each
have the right to reject all prospective hearing | 7 | | officers named on the
list and notify the State Board of | 8 | | Education of such rejection. Within 3 business days after | 9 | | receiving this notification, the State
Board of Education | 10 | | shall appoint a qualified person from the master list who | 11 | | did not appear on the list sent to the parties to serve as | 12 | | the hearing officer, unless the parties notify it that | 13 | | they have chosen to alternatively select a hearing officer | 14 | | under paragraph (4) of this subsection (d). | 15 | | If the teacher has requested a hearing before a | 16 | | hearing officer selected by the board, the board shall | 17 | | select one name from the master list of qualified | 18 | | impartial hearing officers maintained by the State Board | 19 | | of Education within 3 business days after receipt and | 20 | | shall notify the State Board of Education of its | 21 | | selection. | 22 | | A hearing officer mutually selected by the parties, | 23 | | selected by the board, or selected through an alternative | 24 | | selection process under paragraph (4) of this subsection | 25 | | (d) (A) must not be a resident of the school district, (B) | 26 | | must be available to commence the hearing within 75 days |
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| 1 | | and conclude the hearing within 120 days after being | 2 | | selected as the hearing officer, and (C) must issue a | 3 | | decision as to whether the teacher must be dismissed and | 4 | | give a copy of that decision to both the teacher and the | 5 | | board within 30 days from the conclusion of the hearing or | 6 | | closure of the record, whichever is later. | 7 | | Any hearing convened during a public health emergency | 8 | | pursuant to Section 7 of the Illinois Emergency Management | 9 | | Agency Act may be convened remotely. Any hearing officer | 10 | | for a hearing convened during a public health emergency | 11 | | pursuant to Section 7 of the Illinois Emergency Management | 12 | | Agency Act may voluntarily withdraw from the hearing and | 13 | | another hearing officer shall be selected or appointed | 14 | | pursuant to this Section. | 15 | | In this paragraph, "pre-hearing procedures" refers to | 16 | | the pre-hearing procedures under Section 51.55 of Title 23 | 17 | | of the Illinois Administrative Code and "hearing" refers | 18 | | to the hearing under Section 51.60 of Title 23 of the | 19 | | Illinois Administrative Code. Any teacher who has been | 20 | | charged with engaging in acts of corporal punishment, | 21 | | physical abuse, grooming, or sexual misconduct and who | 22 | | previously paused pre-hearing procedures or a hearing | 23 | | pursuant to Public Act 101-643 must proceed with selection | 24 | | of a hearing officer or hearing date, or both, within the | 25 | | timeframes established by this paragraph (3) and | 26 | | paragraphs (4) through (6) of this subsection (d), unless |
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| 1 | | the timeframes are mutually waived in writing by both | 2 | | parties, and all timelines set forth in this Section in | 3 | | cases concerning corporal punishment, physical abuse, | 4 | | grooming, or sexual misconduct shall be reset to begin the | 5 | | day after the effective date of this amendatory Act of the | 6 | | 102nd General Assembly. Any teacher charged with engaging | 7 | | in acts of corporal punishment, physical abuse, grooming, | 8 | | or sexual misconduct on or after the effective date of | 9 | | this amendatory Act of the 102nd General Assembly may not | 10 | | pause pre-hearing procedures or a hearing. | 11 | | (4) In the alternative
to selecting a hearing officer | 12 | | from the list received from the
State Board of Education | 13 | | or accepting the appointment of a hearing officer by the | 14 | | State Board of Education or if the State Board of | 15 | | Education cannot provide a list or appoint a hearing | 16 | | officer that meets the foregoing requirements, the board | 17 | | and the teacher or their legal
representatives may | 18 | | mutually agree to select an impartial hearing officer who
| 19 | | is not on the master list either by direct
appointment by | 20 | | the parties or by using procedures for the appointment of | 21 | | an
arbitrator established by the Federal Mediation and | 22 | | Conciliation Service or the
American Arbitration | 23 | | Association. The parties shall notify the State Board of
| 24 | | Education of their intent to select a hearing officer | 25 | | using an alternative
procedure within 3 business days of | 26 | | receipt of a list of prospective hearing officers
provided |
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| 1 | | by the State Board of Education, notice of appointment of | 2 | | a hearing officer by the State Board of Education, or | 3 | | receipt of notice from the State Board of Education that | 4 | | it cannot provide a list that meets the foregoing | 5 | | requirements, whichever is later. | 6 | | (5) If the notice of dismissal was sent to the teacher | 7 | | before July 1, 2012, the fees and costs for the hearing | 8 | | officer must be paid by the State Board of Education. If | 9 | | the notice of dismissal was sent to the teacher on or after | 10 | | July 1, 2012, the hearing officer's fees and costs must be | 11 | | paid as follows in this paragraph (5). The fees and | 12 | | permissible costs for the hearing officer must be | 13 | | determined by the State Board of Education. If the board | 14 | | and the teacher or their legal representatives mutually | 15 | | agree to select an impartial hearing officer who is not on | 16 | | a list received from the State Board of Education, they | 17 | | may agree to supplement the fees determined by the State | 18 | | Board to the hearing officer, at a rate consistent with | 19 | | the hearing officer's published professional fees. If the | 20 | | hearing officer is mutually selected by the parties, then | 21 | | the board and the teacher or their legal representatives | 22 | | shall each pay 50% of the fees and costs and any | 23 | | supplemental allowance to which they agree. If the hearing | 24 | | officer is selected by the board, then the board shall pay | 25 | | 100% of the hearing officer's fees and costs. The fees and | 26 | | costs must be paid to the hearing officer within 14 days |
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| 1 | | after the board and the teacher or their legal | 2 | | representatives receive the hearing officer's decision set | 3 | | forth in paragraph (7) of this subsection (d). | 4 | | (6) The teacher is required to answer the bill of | 5 | | particulars and aver affirmative matters in his or her | 6 | | defense, and the time for initially doing so and the time | 7 | | for updating such answer and defenses after pre-hearing | 8 | | discovery must be set by the hearing officer.
The State | 9 | | Board of Education shall
promulgate rules so that each | 10 | | party has a fair opportunity to present its case and to | 11 | | ensure that the dismissal process proceeds in a fair and | 12 | | expeditious manner. These rules shall address, without | 13 | | limitation, discovery and hearing scheduling conferences; | 14 | | the teacher's initial answer and affirmative defenses to | 15 | | the bill of particulars and the updating of that | 16 | | information after pre-hearing discovery; provision for | 17 | | written interrogatories and requests for production of | 18 | | documents; the requirement that each party initially | 19 | | disclose to the other party and then update the disclosure | 20 | | no later than 10 calendar days prior to the commencement | 21 | | of the hearing, the names and addresses of persons who may | 22 | | be called as
witnesses at the hearing, a summary of the | 23 | | facts or opinions each witness will testify to, and all | 24 | | other
documents and materials, including information | 25 | | maintained electronically, relevant to its own as well as | 26 | | the other party's case (the hearing officer may exclude |
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| 1 | | witnesses and exhibits not identified and shared, except | 2 | | those offered in rebuttal for which the party could not | 3 | | reasonably have anticipated prior to the hearing); | 4 | | pre-hearing discovery and preparation, including provision | 5 | | for written interrogatories and requests for production of | 6 | | documents, provided that discovery depositions are | 7 | | prohibited; the conduct of the hearing; the right of each | 8 | | party to be represented by counsel, the offer of evidence | 9 | | and witnesses and the cross-examination of witnesses; the | 10 | | authority of the hearing officer to issue subpoenas and | 11 | | subpoenas duces tecum, provided that the hearing officer | 12 | | may limit the number of witnesses to be subpoenaed on | 13 | | behalf of each party to no more than 7; the length of | 14 | | post-hearing briefs; and the form, length, and content of | 15 | | hearing officers' decisions. The hearing officer
shall | 16 | | hold a hearing and render a final decision for dismissal | 17 | | pursuant to Article 24A of this Code or shall report to the | 18 | | school board findings of fact and a recommendation as to | 19 | | whether or not the teacher must be dismissed for conduct. | 20 | | The hearing officer shall commence the hearing within 75 | 21 | | days and conclude the hearing within 120 days after being | 22 | | selected as the hearing officer, provided that the hearing | 23 | | officer may modify these timelines upon the showing of | 24 | | good cause or mutual agreement of the parties. Good cause | 25 | | for the purpose of this subsection (d) shall mean the | 26 | | illness or otherwise unavoidable emergency of the teacher, |
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| 1 | | district representative, their legal representatives, the | 2 | | hearing officer, or an essential witness as indicated in | 3 | | each party's pre-hearing submission. In a dismissal | 4 | | hearing pursuant to Article 24A of this Code in which a | 5 | | witness is a student or is under the age of 18, the hearing | 6 | | officer must make accommodations for the witness, as | 7 | | provided under paragraph (6.5) of this subsection. The | 8 | | hearing officer shall consider and give weight to all of | 9 | | the teacher's evaluations written pursuant to Article 24A | 10 | | that are relevant to the issues in the hearing. | 11 | | Each party shall have no more than 3 days to present | 12 | | its case, unless extended by the hearing officer to enable | 13 | | a party to present adequate evidence and testimony, | 14 | | including due to the other party's cross-examination of | 15 | | the party's witnesses, for good cause or by mutual | 16 | | agreement of the parties. The State Board of Education | 17 | | shall define in rules the meaning of "day" for such | 18 | | purposes. All testimony at the hearing shall be taken | 19 | | under oath
administered by the hearing officer. The | 20 | | hearing officer shall cause a
record of the proceedings to | 21 | | be kept and shall employ a competent reporter
to take | 22 | | stenographic or stenotype notes of all the testimony. The | 23 | | costs of
the reporter's attendance and services at the | 24 | | hearing shall be paid by the party or parties who are | 25 | | responsible for paying the fees and costs of the hearing | 26 | | officer. Either party desiring a transcript of the hearing
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| 1 | | shall pay for the cost thereof. Any post-hearing briefs | 2 | | must be submitted by the parties by no later than 21 days | 3 | | after a party's receipt of the transcript of the hearing, | 4 | | unless extended by the hearing officer for good cause or | 5 | | by mutual agreement of the parties. | 6 | | (6.5) In the case of charges involving sexual abuse or | 7 | | severe physical abuse of a student or a person under the | 8 | | age of 18, the hearing officer shall make alternative | 9 | | hearing procedures to protect a witness who is a student | 10 | | or who is under the age of 18 from being intimidated or | 11 | | traumatized. Alternative hearing procedures may include, | 12 | | but are not limited to: (i) testimony made via a | 13 | | telecommunication device in a location other than the | 14 | | hearing room and outside the physical presence of the | 15 | | teacher and other hearing participants, (ii) testimony | 16 | | outside the physical presence of the teacher, or (iii) | 17 | | non-public testimony. During a testimony described under | 18 | | this subsection, each party must be permitted to ask a | 19 | | witness who is a student or who is under 18 years of age | 20 | | all relevant questions and follow-up questions. All | 21 | | questions must exclude evidence of the witness' sexual | 22 | | behavior or predisposition, unless the evidence is offered | 23 | | to prove that someone other than the teacher subject to | 24 | | the dismissal hearing engaged in the charge at issue. | 25 | | (7) The hearing officer shall, within 30 days from the | 26 | | conclusion of the
hearing or closure of the record, |
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| 1 | | whichever is later,
make a decision as to whether or not | 2 | | the teacher shall be dismissed pursuant to Article 24A of | 3 | | this Code or report to the school board findings of fact | 4 | | and a recommendation as to whether or not the teacher | 5 | | shall be dismissed for cause and
shall give a copy of the | 6 | | decision or findings of fact and recommendation to both | 7 | | the teacher and the school
board.
If a hearing officer | 8 | | fails
without good cause, specifically provided in writing | 9 | | to both parties and the State Board of Education, to | 10 | | render a decision or findings of fact and recommendation | 11 | | within 30 days after the hearing is
concluded or the
| 12 | | record is closed, whichever is later,
the
parties may | 13 | | mutually agree to select a hearing officer pursuant to the
| 14 | | alternative
procedure, as provided in this Section,
to | 15 | | rehear the charges heard by the hearing officer who failed | 16 | | to render a
decision or findings of fact and | 17 | | recommendation or to review the record and render a | 18 | | decision.
If any hearing
officer fails without good cause, | 19 | | specifically provided in writing to both parties and the | 20 | | State Board of Education, to render a decision or findings | 21 | | of fact and recommendation within 30 days after the
| 22 | | hearing is concluded or the record is closed, whichever is | 23 | | later, the hearing
officer shall be removed
from the | 24 | | master
list of hearing officers maintained by the State | 25 | | Board of Education for not more than 24 months. The | 26 | | parties and the State Board of Education may also take |
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| 1 | | such other actions as it deems appropriate, including | 2 | | recovering, reducing, or withholding any fees paid or to | 3 | | be paid to the hearing officer. If any hearing officer | 4 | | repeats such failure, he or she must be permanently | 5 | | removed from the master list maintained by the State Board | 6 | | of Education and may not be selected by parties through | 7 | | the alternative selection process under this paragraph (7) | 8 | | or paragraph (4) of this subsection (d).
The board shall | 9 | | not lose jurisdiction to discharge a teacher if the | 10 | | hearing
officer fails to render a decision or findings of | 11 | | fact and recommendation within the time specified in this
| 12 | | Section. If the decision of the hearing officer for | 13 | | dismissal pursuant to Article 24A of this Code or of the | 14 | | school board for dismissal for cause is in favor of the | 15 | | teacher, then the hearing officer or school board shall | 16 | | order reinstatement to the same or substantially | 17 | | equivalent position and shall determine the amount for | 18 | | which the school board is liable, including, but not | 19 | | limited to, loss of income and benefits. | 20 | | (8) The school board, within 45 days after receipt of | 21 | | the hearing officer's findings of fact and recommendation | 22 | | as to whether (i) the conduct at issue occurred, (ii) the | 23 | | conduct that did occur was remediable, and (iii) the | 24 | | proposed dismissal should be sustained, shall issue a | 25 | | written order as to whether the teacher must be retained | 26 | | or dismissed for cause from its employ. The school board's |
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| 1 | | written order shall incorporate the hearing officer's | 2 | | findings of fact, except that the school board may modify | 3 | | or supplement the findings of fact if, in its opinion, the | 4 | | findings of fact are against the manifest weight of the | 5 | | evidence. | 6 | | If the school board dismisses the teacher | 7 | | notwithstanding the hearing officer's findings of fact and | 8 | | recommendation, the school board shall make a conclusion | 9 | | in its written order, giving its reasons therefor, and | 10 | | such conclusion and reasons must be included in its | 11 | | written order. The failure of the school board to strictly | 12 | | adhere to the timelines contained in this Section shall | 13 | | not render it without jurisdiction to dismiss the teacher. | 14 | | The school board shall not lose jurisdiction to discharge | 15 | | the teacher for cause if the hearing officer fails to | 16 | | render a recommendation within the time specified in this | 17 | | Section. The decision of the school board is final, unless | 18 | | reviewed as provided in paragraph (9) of this subsection | 19 | | (d). | 20 | | If the school board retains the teacher, the school | 21 | | board shall enter a written order stating the amount of | 22 | | back pay and lost benefits, less mitigation, to be paid to | 23 | | the teacher, within 45 days after its retention order. | 24 | | Should the teacher object to the amount of the back pay and | 25 | | lost benefits or amount mitigated, the teacher shall give | 26 | | written objections to the amount within 21 days. If the |
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| 1 | | parties fail to reach resolution within 7 days, the | 2 | | dispute shall be referred to the hearing officer, who | 3 | | shall consider the school board's written order and | 4 | | teacher's written objection and determine the amount to | 5 | | which the school board is liable. The costs of the hearing | 6 | | officer's review and determination must be paid by the | 7 | | board. | 8 | | (9)
The decision of the hearing officer pursuant to | 9 | | Article 24A of this Code or of the school board's decision | 10 | | to dismiss for cause is final unless reviewed as
provided | 11 | | in Section 24-16 of this Code. If the school board's | 12 | | decision to dismiss for cause is contrary to the hearing | 13 | | officer's recommendation, the court on review shall give | 14 | | consideration to the school board's decision and its | 15 | | supplemental findings of fact, if applicable, and the | 16 | | hearing officer's findings of fact and recommendation in | 17 | | making its decision. In the event such review is
| 18 | | instituted, the school board shall be responsible for | 19 | | preparing and filing the record of proceedings, and such | 20 | | costs associated therewith must be divided equally between | 21 | | the parties.
| 22 | | (10) If a decision of the hearing officer for | 23 | | dismissal pursuant to Article 24A of this Code or of the | 24 | | school board for dismissal for cause is adjudicated upon | 25 | | review or
appeal in favor of the teacher, then the trial | 26 | | court shall order
reinstatement and shall remand the |
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| 1 | | matter to the school board with direction for entry of an | 2 | | order setting the amount of back pay, lost benefits, and | 3 | | costs, less mitigation. The teacher may challenge the | 4 | | school board's order setting the amount of back pay, lost | 5 | | benefits, and costs, less mitigation, through an expedited | 6 | | arbitration procedure, with the costs of the arbitrator | 7 | | borne by the school board.
| 8 | | Any teacher who is reinstated by any hearing or | 9 | | adjudication brought
under this Section shall be assigned | 10 | | by the board to a position
substantially similar to the | 11 | | one which that teacher held prior to that
teacher's | 12 | | suspension or dismissal.
| 13 | | (11) Subject to any later effective date referenced in | 14 | | this Section for a specific aspect of the dismissal | 15 | | process, the changes made by Public Act 97-8 shall apply | 16 | | to dismissals instituted on or after September 1, 2011. | 17 | | Any dismissal instituted prior to September 1, 2011 must | 18 | | be carried out in accordance with the requirements of this | 19 | | Section prior to amendment by Public Act 97-8.
| 20 | | (e) Nothing contained in Public Act 98-648 repeals, | 21 | | supersedes, invalidates, or nullifies final decisions in | 22 | | lawsuits pending on July 1, 2014 (the effective date of Public | 23 | | Act 98-648) in Illinois courts involving the interpretation of | 24 | | Public Act 97-8. | 25 | | (Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19; | 26 | | 101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
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| 1 | | (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
| 2 | | Sec. 34-84. Appointments and promotions of teachers. | 3 | | Appointments and
promotions of teachers shall be made for | 4 | | merit
only, and after satisfactory service for a probationary | 5 | | period of 3 years
with respect to probationary employees | 6 | | employed as full-time teachers in the
public school system of | 7 | | the district before January 1, 1998 or on or after January 1, | 8 | | 2024 and 4 years with
respect to probationary employees who | 9 | | are first employed as full-time teachers
in the public school | 10 | | system of the district on or after January 1, 1998 but before | 11 | | January 1, 2024 ,
during which period the board may dismiss or | 12 | | discharge any
such probationary employee upon the | 13 | | recommendation, accompanied by the
written reasons therefor, | 14 | | of the general superintendent of schools and after which | 15 | | period
appointments of teachers shall become permanent, | 16 | | subject to removal for cause
in the manner provided by Section | 17 | | 34-85.
| 18 | | For a probationary-appointed teacher in full-time service | 19 | | who is appointed on or after July 1, 2013 and who receives | 20 | | ratings of "excellent" during his or her first 3 school terms | 21 | | of full-time service, the probationary period shall be 3 | 22 | | school terms of full-time service.
For a | 23 | | probationary-appointed teacher in full-time service who is | 24 | | appointed on or after July 1, 2013 and who had previously | 25 | | entered into contractual continued service in another school |
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| 1 | | district in this State or a program of a special education | 2 | | joint agreement in this State, as defined in Section 24-11 of | 3 | | this Code, the probationary period shall be 2 school terms of | 4 | | full-time service, provided that (i) the teacher voluntarily | 5 | | resigned or was honorably dismissed from the prior district or | 6 | | program within the 3-month period preceding his or her | 7 | | appointment date, (ii) the teacher's last 2 ratings in the | 8 | | prior district or program were at least "proficient" and were | 9 | | issued after the prior district's or program's PERA | 10 | | implementation date, as defined in Section 24-11 of this Code, | 11 | | and (iii) the teacher receives ratings of "excellent" during | 12 | | his or her first 2 school terms of full-time service. | 13 | | For a probationary-appointed teacher in full-time service | 14 | | who is appointed on or after July 1, 2013 and who has not | 15 | | entered into contractual continued service after 2 or 3 school | 16 | | terms of full-time service as provided in this Section, the | 17 | | probationary period shall be 3 4 school terms of full-time | 18 | | service, provided that the teacher holds a Professional | 19 | | Educator License and receives a rating of at least | 20 | | "proficient" in the last school term and a rating of at least | 21 | | "proficient" in either the second or third school term. | 22 | | As used in this Section, "school term" means the school | 23 | | term established by the board pursuant to Section 10-19 of | 24 | | this Code, and "full-time service" means the teacher has | 25 | | actually worked at least 150 days during the school term. As | 26 | | used in this Article, "teachers" means and includes all |
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| 1 | | members of
the teaching force excluding the general | 2 | | superintendent and principals. | 3 | | There shall be no reduction in teachers because of a | 4 | | decrease in
student membership or a change in subject | 5 | | requirements within the
attendance center organization after | 6 | | the 20th day following the first day
of the school year, except | 7 | | that: (1) this provision shall not apply to
desegregation | 8 | | positions, special education positions, or any other positions
| 9 | | funded by State or federal categorical funds, and (2) at | 10 | | attendance centers
maintaining any of grades 9 through 12, | 11 | | there may be a second reduction in
teachers on the first day of | 12 | | the second semester of the regular school
term because of a | 13 | | decrease in student membership or a change in subject
| 14 | | requirements within the attendance center organization.
| 15 | | The school principal shall make the decision
in selecting | 16 | | teachers to fill new and vacant positions consistent with
| 17 | | Section 34-8.1.
| 18 | | (Source: P.A. 97-8, eff. 6-13-11.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2023.".
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