Full Text of HB5136 100th General Assembly
HB5136enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 24-12 and 24A-4 as follows:
| 6 | | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| 7 | | Sec. 24-12. Removal or dismissal of teachers in contractual
| 8 | | continued service. | 9 | | (a) This subsection (a) applies only to honorable | 10 | | dismissals and recalls in which the notice of dismissal is | 11 | | provided on or before the end of the 2010-2011 school term. If | 12 | | a teacher in contractual continued service is
removed or | 13 | | dismissed as a result of a decision of the board to decrease
| 14 | | the number of teachers employed by the board or to discontinue | 15 | | some
particular type of teaching service, written notice shall | 16 | | be mailed to the
teacher and also given the
teacher either by | 17 | | certified mail, return receipt requested or
personal delivery | 18 | | with receipt at least 60
days before
the end of the school | 19 | | term, together with a statement of honorable
dismissal and the | 20 | | reason therefor, and in all such cases the board shall
first | 21 | | remove or dismiss all teachers who have not entered upon | 22 | | contractual
continued service before removing or dismissing | 23 | | any teacher who has entered
upon contractual continued service |
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| 1 | | and who is legally qualified to hold a
position currently held | 2 | | by a teacher who has not entered upon contractual
continued | 3 | | service. | 4 | | As between teachers who have entered upon contractual
| 5 | | continued service, the teacher or teachers with the shorter | 6 | | length of
continuing service with the district shall be | 7 | | dismissed first
unless an alternative method of determining the | 8 | | sequence of dismissal is
established in a collective bargaining | 9 | | agreement or contract between the
board and a professional | 10 | | faculty members' organization and except that
this provision | 11 | | shall not impair the operation of any affirmative action
| 12 | | program in the district, regardless of whether it exists by | 13 | | operation of
law or is conducted on a voluntary basis by the | 14 | | board. Any teacher
dismissed as a result of such decrease or | 15 | | discontinuance shall be paid
all earned compensation on or | 16 | | before the third business day following
the last day of pupil | 17 | | attendance in the regular school term. | 18 | | If the
board has any vacancies for the following school | 19 | | term or within one
calendar year from the beginning of the | 20 | | following school term, the
positions thereby becoming | 21 | | available shall be tendered to the teachers
so removed or | 22 | | dismissed so far as they are legally qualified to hold
such | 23 | | positions; provided, however, that if the number of honorable
| 24 | | dismissal notices based on economic necessity exceeds 15% of | 25 | | the number of
full time equivalent positions filled by | 26 | | certified employees (excluding
principals and administrative |
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| 1 | | personnel) during the preceding school year,
then if the board | 2 | | has any vacancies for the following school term or within
2 | 3 | | calendar years from the beginning of the following
school term, | 4 | | the positions so becoming available shall be tendered to the
| 5 | | teachers who were so notified and removed or dismissed whenever | 6 | | they are
legally qualified to hold such positions. Each board | 7 | | shall, in consultation
with any exclusive employee | 8 | | representatives, each year establish a list,
categorized by | 9 | | positions, showing the length of continuing service of each
| 10 | | teacher who is qualified to hold any such positions, unless an | 11 | | alternative
method of determining a sequence of dismissal is | 12 | | established as provided
for in this Section, in which case a | 13 | | list shall be made in accordance with
the alternative method. | 14 | | Copies of the list shall be distributed to the
exclusive | 15 | | employee representative on or before February 1 of each year.
| 16 | | Whenever the number of honorable dismissal notices based upon | 17 | | economic
necessity exceeds 5, or 150% of the average number of | 18 | | teachers honorably
dismissed in the preceding 3 years, | 19 | | whichever is more, then the board also
shall hold a public | 20 | | hearing on the question of the dismissals. Following
the | 21 | | hearing and board review the action to approve any such | 22 | | reduction shall
require a majority vote of the board members.
| 23 | | (b) This subsection (b) applies only to honorable | 24 | | dismissals and recalls in which the notice of dismissal is | 25 | | provided during the 2011-2012 school term or a subsequent | 26 | | school term. If any teacher, whether or not in contractual |
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| 1 | | continued service, is removed or dismissed as a result of a | 2 | | decision of a school board to decrease the number of teachers | 3 | | employed by the board, a decision of a school board to | 4 | | discontinue some particular type of teaching service, or a | 5 | | reduction in the number of programs or positions in a special | 6 | | education joint agreement, then written notice must be mailed | 7 | | to the teacher and also given to the teacher either by | 8 | | certified mail, return receipt requested, or personal delivery | 9 | | with receipt at least 45 days before the end of the school | 10 | | term, together with a statement of honorable dismissal and the | 11 | | reason therefor, and in all such cases the sequence of | 12 | | dismissal shall occur in accordance with this subsection (b); | 13 | | except that this subsection (b) shall not impair the operation | 14 | | of any affirmative action program in the school district, | 15 | | regardless of whether it exists by operation of law or is | 16 | | conducted on a voluntary basis by the board. | 17 | | Each teacher must be categorized into one or more positions | 18 | | for which the teacher is qualified to hold, based upon legal | 19 | | qualifications and any other qualifications established in a | 20 | | district or joint agreement job description, on or before the | 21 | | May 10 prior to the school year during which the sequence of | 22 | | dismissal is determined. Within each position and subject to | 23 | | agreements made by the joint committee on honorable dismissals | 24 | | that are authorized by subsection (c) of this Section, the | 25 | | school district or joint agreement must establish 4 groupings | 26 | | of teachers qualified to hold the position as follows: |
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| 1 | | (1) Grouping one shall consist of each teacher who is | 2 | | not in contractual continued service and who (i) has not | 3 | | received a performance evaluation rating, (ii) is employed | 4 | | for one school term or less to replace a teacher on leave, | 5 | | or (iii) is employed on a part-time basis. "Part-time | 6 | | basis" for the purposes of this subsection (b) means a | 7 | | teacher who is employed to teach less than a full-day, | 8 | | teacher workload or less than 5 days of the normal student | 9 | | attendance week, unless otherwise provided for in a | 10 | | collective bargaining agreement between the district and | 11 | | the exclusive representative of the district's teachers. | 12 | | For the purposes of this Section, a teacher (A) who is | 13 | | employed as a full-time teacher but who actually teaches or | 14 | | is otherwise present and participating in the district's | 15 | | educational program for less than a school term or (B) who, | 16 | | in the immediately previous school term, was employed on a | 17 | | full-time basis and actually taught or was otherwise | 18 | | present and participated in the district's educational | 19 | | program for 120 days or more is not considered employed on | 20 | | a part-time basis. | 21 | | (2) Grouping 2 shall consist of each teacher with a | 22 | | Needs Improvement or Unsatisfactory performance evaluation | 23 | | rating on either of the teacher's last 2 performance | 24 | | evaluation ratings. | 25 | | (3) Grouping 3 shall consist of each teacher with a | 26 | | performance evaluation rating of at least Satisfactory or |
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| 1 | | Proficient on both of the teacher's last 2 performance | 2 | | evaluation ratings, if 2 ratings are available, or on the | 3 | | teacher's last performance evaluation rating, if only one | 4 | | rating is available, unless the teacher qualifies for | 5 | | placement into grouping 4. | 6 | | (4) Grouping 4 shall consist of each teacher whose last | 7 | | 2 performance evaluation ratings are Excellent and each | 8 | | teacher with 2 Excellent performance evaluation ratings | 9 | | out of the teacher's last 3 performance evaluation ratings | 10 | | with a third rating of Satisfactory or Proficient. | 11 | | Among teachers qualified to hold a position, teachers must | 12 | | be dismissed in the order of their groupings, with teachers in | 13 | | grouping one dismissed first and teachers in grouping 4 | 14 | | dismissed last. | 15 | | Within grouping one, the sequence of dismissal must be at | 16 | | the discretion of the school district or joint agreement. | 17 | | Within grouping 2, the sequence of dismissal must be based upon | 18 | | average performance evaluation ratings, with the teacher or | 19 | | teachers with the lowest average performance evaluation rating | 20 | | dismissed first. A teacher's average performance evaluation | 21 | | rating must be calculated using the average of the teacher's | 22 | | last 2 performance evaluation ratings, if 2 ratings are | 23 | | available, or the teacher's last performance evaluation | 24 | | rating, if only one rating is available, using the following | 25 | | numerical values: 4 for Excellent; 3 for Proficient or | 26 | | Satisfactory; 2 for Needs Improvement; and 1 for |
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| 1 | | Unsatisfactory. As between or among teachers in grouping 2 with | 2 | | the same average performance evaluation rating and within each | 3 | | of groupings 3 and 4, the teacher or teachers with the shorter | 4 | | length of continuing service with the school district or joint | 5 | | agreement must be dismissed first unless an alternative method | 6 | | of determining the sequence of dismissal is established in a | 7 | | collective bargaining agreement or contract between the board | 8 | | and a professional faculty members' organization. | 9 | | Each board, including the governing board of a joint | 10 | | agreement, shall, in consultation with any exclusive employee | 11 | | representatives, each year establish a sequence of honorable | 12 | | dismissal list categorized by positions and the groupings | 13 | | defined in this subsection (b). Copies of the list showing each | 14 | | teacher by name and categorized by positions and the groupings | 15 | | defined in this subsection (b) must be distributed to the | 16 | | exclusive bargaining representative at least 75 days before the | 17 | | end of the school term, provided that the school district or | 18 | | joint agreement may, with notice to any exclusive employee | 19 | | representatives, move teachers from grouping one into another | 20 | | grouping during the period of time from 75 days until 45 days | 21 | | before the end of the school term. Each year, each board shall | 22 | | also establish, in consultation with any exclusive employee | 23 | | representatives, a list showing the length of continuing | 24 | | service of each teacher who is qualified to hold any such | 25 | | positions, unless an alternative method of determining a | 26 | | sequence of dismissal is established as provided for in this |
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| 1 | | Section, in which case a list must be made in accordance with | 2 | | the alternative method. Copies of the list must be distributed | 3 | | to the exclusive employee representative at least 75 days | 4 | | before the end of the school term. | 5 | | Any teacher dismissed as a result of such decrease or | 6 | | discontinuance must be paid all earned compensation on or | 7 | | before the third business day following the last day of pupil | 8 | | attendance in the regular school term. | 9 | | If the board or joint agreement has any vacancies for the | 10 | | following school term or within one calendar year from the | 11 | | beginning of the following school term, the positions thereby | 12 | | becoming available must be tendered to the teachers so removed | 13 | | or dismissed who were in groupings 3 or 4 of the sequence of | 14 | | dismissal and are qualified to hold the positions, based upon | 15 | | legal qualifications and any other qualifications established | 16 | | in a district or joint agreement job description, on or before | 17 | | the May 10 prior to the date of the positions becoming | 18 | | available, provided that if the number of honorable dismissal | 19 | | notices based on economic necessity exceeds 15% of the number | 20 | | of full-time equivalent positions filled by certified | 21 | | employees (excluding principals and administrative personnel) | 22 | | during the preceding school year, then the recall period is for | 23 | | the following school term or within 2 calendar years from the | 24 | | beginning of the following school term. If the board or joint | 25 | | agreement has any vacancies within the period from the | 26 | | beginning of the following school term through February 1 of |
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| 1 | | the following school term (unless a date later than February 1, | 2 | | but no later than 6 months from the beginning of the following | 3 | | school term, is established in a collective bargaining | 4 | | agreement), the positions thereby becoming available must be | 5 | | tendered to the teachers so removed or dismissed who were in | 6 | | grouping 2 of the sequence of dismissal due to one "needs | 7 | | improvement" rating on either of the teacher's last 2 | 8 | | performance evaluation ratings, provided that, if 2 ratings are | 9 | | available, the other performance evaluation rating used for | 10 | | grouping purposes is "satisfactory", "proficient", or | 11 | | "excellent", and are qualified to hold the positions, based | 12 | | upon legal qualifications and any other qualifications | 13 | | established in a district or joint agreement job description, | 14 | | on or before the May 10 prior to the date of the positions | 15 | | becoming available. On and after the effective date of this | 16 | | amendatory Act of the 98th General Assembly, the preceding | 17 | | sentence shall apply to teachers removed or dismissed by | 18 | | honorable dismissal, even if notice of honorable dismissal | 19 | | occurred during the 2013-2014 school year. Among teachers | 20 | | eligible for recall pursuant to the preceding sentence, the | 21 | | order of recall must be in inverse order of dismissal, unless | 22 | | an alternative order of recall is established in a collective | 23 | | bargaining agreement or contract between the board and a | 24 | | professional faculty members' organization. Whenever the | 25 | | number of honorable dismissal notices based upon economic | 26 | | necessity exceeds 5 notices or 150% of the average number of |
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| 1 | | teachers honorably dismissed in the preceding 3 years, | 2 | | whichever is more, then the school board or governing board of | 3 | | a joint agreement, as applicable, shall also hold a public | 4 | | hearing on the question of the dismissals. Following the | 5 | | hearing and board review, the action to approve any such | 6 | | reduction shall require a majority vote of the board members. | 7 | | For purposes of this subsection (b), subject to agreement | 8 | | on an alternative definition reached by the joint committee | 9 | | described in subsection (c) of this Section, a teacher's | 10 | | performance evaluation rating means the overall performance | 11 | | evaluation rating resulting from an annual or biennial | 12 | | performance evaluation conducted pursuant to Article 24A of | 13 | | this Code by the school district or joint agreement determining | 14 | | the sequence of dismissal, not including any performance | 15 | | evaluation conducted during or at the end of a remediation | 16 | | period. No more than one evaluation rating each school term | 17 | | shall be one of the evaluation ratings used for the purpose of | 18 | | determining the sequence of dismissal. Except as otherwise | 19 | | provided in this subsection for any performance evaluations | 20 | | conducted during or at the end of a remediation period, if | 21 | | multiple performance evaluations are conducted in a school | 22 | | term, only the rating from the last evaluation conducted prior | 23 | | to establishing the sequence of honorable dismissal list in | 24 | | such school term shall be the one evaluation rating from that | 25 | | school term used for the purpose of determining the sequence of | 26 | | dismissal. Averaging ratings from multiple evaluations is not |
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| 1 | | permitted unless otherwise agreed to in a collective bargaining | 2 | | agreement or contract between the board and a professional | 3 | | faculty members' organization. The preceding 3 sentences are | 4 | | not a legislative declaration that existing law does or does | 5 | | not already require that only one performance evaluation each | 6 | | school term shall be used for the purpose of determining the | 7 | | sequence of dismissal. For performance evaluation ratings | 8 | | determined prior to September 1, 2012, any school district or | 9 | | joint agreement with a performance evaluation rating system | 10 | | that does not use either of the rating category systems | 11 | | specified in subsection (d) of Section 24A-5 of this Code for | 12 | | all teachers must establish a basis for assigning each teacher | 13 | | a rating that complies with subsection (d) of Section 24A-5 of | 14 | | this Code for all of the performance evaluation ratings that | 15 | | are to be used to determine the sequence of dismissal. A | 16 | | teacher's grouping and ranking on a sequence of honorable | 17 | | dismissal shall be deemed a part of the teacher's performance | 18 | | evaluation, and that information shall be disclosed to the | 19 | | exclusive bargaining representative as part of a sequence of | 20 | | honorable dismissal list, notwithstanding any laws prohibiting | 21 | | disclosure of such information. A performance evaluation | 22 | | rating may be used to determine the sequence of dismissal, | 23 | | notwithstanding the pendency of any grievance resolution or | 24 | | arbitration procedures relating to the performance evaluation. | 25 | | If a teacher has received at least one performance evaluation | 26 | | rating conducted by the school district or joint agreement |
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| 1 | | determining the sequence of dismissal and a subsequent | 2 | | performance evaluation is not conducted in any school year in | 3 | | which such evaluation is required to be conducted under Section | 4 | | 24A-5 of this Code, the teacher's performance evaluation rating | 5 | | for that school year for purposes of determining the sequence | 6 | | of dismissal is deemed Proficient. If a performance evaluation | 7 | | rating is nullified as the result of an arbitration, | 8 | | administrative agency, or court determination, then the school | 9 | | district or joint agreement is deemed to have conducted a | 10 | | performance evaluation for that school year, but the | 11 | | performance evaluation rating may not be used in determining | 12 | | the sequence of dismissal. | 13 | | Nothing in this subsection (b) shall be construed as | 14 | | limiting the right of a school board or governing board of a | 15 | | joint agreement to dismiss a teacher not in contractual | 16 | | continued service in accordance with Section 24-11 of this | 17 | | Code. | 18 | | Any provisions regarding the sequence of honorable | 19 | | dismissals and recall of honorably dismissed teachers in a | 20 | | collective bargaining agreement entered into on or before | 21 | | January 1, 2011 and in effect on the effective date of this | 22 | | amendatory Act of the 97th General Assembly that may conflict | 23 | | with this amendatory Act of the 97th General Assembly shall | 24 | | remain in effect through the expiration of such agreement or | 25 | | June 30, 2013, whichever is earlier. | 26 | | (c) Each school district and special education joint |
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| 1 | | agreement must use a joint committee composed of equal | 2 | | representation selected by the school board and its teachers | 3 | | or, if applicable, the exclusive bargaining representative of | 4 | | its teachers, to address the matters described in paragraphs | 5 | | (1) through (5) of this subsection (c) pertaining to honorable | 6 | | dismissals under subsection (b) of this Section. | 7 | | (1) The joint committee must consider and may agree to | 8 | | criteria for excluding from grouping 2 and placing into | 9 | | grouping 3 a teacher whose last 2 performance evaluations | 10 | | include a Needs Improvement and either a Proficient or | 11 | | Excellent. | 12 | | (2) The joint committee must consider and may agree to | 13 | | an alternative definition for grouping 4, which definition | 14 | | must take into account prior performance evaluation | 15 | | ratings and may take into account other factors that relate | 16 | | to the school district's or program's educational | 17 | | objectives. An alternative definition for grouping 4 may | 18 | | not permit the inclusion of a teacher in the grouping with | 19 | | a Needs Improvement or Unsatisfactory performance | 20 | | evaluation rating on either of the teacher's last 2 | 21 | | performance evaluation ratings. | 22 | | (3) The joint committee may agree to including within | 23 | | the definition of a performance evaluation rating a | 24 | | performance evaluation rating administered by a school | 25 | | district or joint agreement other than the school district | 26 | | or joint agreement determining the sequence of dismissal. |
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| 1 | | (4) For each school district or joint agreement that | 2 | | administers performance evaluation ratings that are | 3 | | inconsistent with either of the rating category systems | 4 | | specified in subsection (d) of Section 24A-5 of this Code, | 5 | | the school district or joint agreement must consult with | 6 | | the joint committee on the basis for assigning a rating | 7 | | that complies with subsection (d) of Section 24A-5 of this | 8 | | Code to each performance evaluation rating that will be | 9 | | used in a sequence of dismissal. | 10 | | (5) Upon request by a joint committee member submitted | 11 | | to the employing board by no later than 10 days after the | 12 | | distribution of the sequence of honorable dismissal list, a | 13 | | representative of the employing board shall, within 5 days | 14 | | after the request, provide to members of the joint | 15 | | committee a list showing the most recent and prior | 16 | | performance evaluation ratings of each teacher identified | 17 | | only by length of continuing service in the district or | 18 | | joint agreement and not by name. If, after review of this | 19 | | list, a member of the joint committee has a good faith | 20 | | belief that a disproportionate number of teachers with | 21 | | greater length of continuing service with the district or | 22 | | joint agreement have received a recent performance | 23 | | evaluation rating lower than the prior rating, the member | 24 | | may request that the joint committee review the list to | 25 | | assess whether such a trend may exist. Following the joint | 26 | | committee's review, but by no later than the end of the |
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| 1 | | applicable school term, the joint committee or any member | 2 | | or members of the joint committee may submit a report of | 3 | | the review to the employing board and exclusive bargaining | 4 | | representative, if any. Nothing in this paragraph (5) shall | 5 | | impact the order of honorable dismissal or a school | 6 | | district's or joint agreement's authority to carry out a | 7 | | dismissal in accordance with subsection (b) of this | 8 | | Section. | 9 | | Agreement by the joint committee as to a matter requires | 10 | | the majority vote of all committee members, and if the joint | 11 | | committee does not reach agreement on a matter, then the | 12 | | otherwise applicable requirements of subsection (b) of this | 13 | | Section shall apply. Except as explicitly set forth in this | 14 | | subsection (c), a joint committee has no authority to agree to | 15 | | any further modifications to the requirements for honorable | 16 | | dismissals set forth in subsection (b) of this Section.
The | 17 | | joint committee must be established, and the first meeting of | 18 | | the joint committee each school year must occur on or before | 19 | | December 1. | 20 | | The joint committee must reach agreement on a matter on or | 21 | | before February 1 of a school year in order for the agreement | 22 | | of the joint committee to apply to the sequence of dismissal | 23 | | determined during that school year. Subject to the February 1 | 24 | | deadline for agreements, the agreement of a joint committee on | 25 | | a matter shall apply to the sequence of dismissal until the | 26 | | agreement is amended or terminated by the joint committee. |
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| 1 | | The provisions of the Open Meetings Act shall not apply to | 2 | | meetings of a joint committee created under this subsection | 3 | | (c). | 4 | | (d) Notwithstanding anything to the contrary in this | 5 | | subsection (d), the requirements and dismissal procedures of | 6 | | Section 24-16.5 of this Code shall apply to any dismissal | 7 | | sought under Section 24-16.5 of this Code. | 8 | | (1) If a dismissal of a teacher in contractual | 9 | | continued service is sought for any reason or cause other | 10 | | than an honorable dismissal under subsections (a) or (b) of | 11 | | this Section or a dismissal sought under Section 24-16.5 of | 12 | | this Code,
including those under Section 10-22.4, the board | 13 | | must first approve a
motion containing specific charges by | 14 | | a majority vote of all its
members. Written notice of such | 15 | | charges, including a bill of particulars and the teacher's | 16 | | right to request a hearing, must be mailed to the teacher | 17 | | and also given to the teacher either by certified mail, | 18 | | return receipt requested, or personal delivery with | 19 | | receipt
within 5 days of the adoption of the motion. Any | 20 | | written notice sent on or after July 1, 2012 shall inform | 21 | | the teacher of the right to request a hearing before a | 22 | | mutually selected hearing officer, with the cost of the | 23 | | hearing officer split equally between the teacher and the | 24 | | board, or a hearing before a board-selected hearing | 25 | | officer, with the cost of the hearing officer paid by the | 26 | | board. |
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| 1 | | Before setting a hearing on charges stemming from | 2 | | causes that are considered remediable, a board must give | 3 | | the teacher reasonable warning in writing, stating | 4 | | specifically the causes that, if not removed, may result in | 5 | | charges; however, no such written warning is required if | 6 | | the causes have been the subject of a remediation plan | 7 | | pursuant to Article 24A of this Code. | 8 | | If, in the opinion of the board, the interests of the | 9 | | school require it, the board may suspend the teacher | 10 | | without pay, pending the hearing, but if the board's | 11 | | dismissal or removal is not sustained, the teacher shall | 12 | | not suffer the loss of any salary or benefits by reason of | 13 | | the suspension. | 14 | | (2) No hearing upon the charges is required unless the
| 15 | | teacher within 17 days after receiving notice requests in | 16 | | writing of the
board that a hearing be scheduled before a | 17 | | mutually selected hearing officer or a hearing officer | 18 | | selected by the board.
The secretary of the school board | 19 | | shall forward a copy of the notice to the
State Board of | 20 | | Education. | 21 | | (3) Within 5 business days after receiving a notice of
| 22 | | hearing in which either notice to the teacher was sent | 23 | | before July 1, 2012 or, if the notice was sent on or after | 24 | | July 1, 2012, the teacher has requested a hearing before a | 25 | | mutually selected hearing officer, the State Board of | 26 | | Education shall provide a list of 5
prospective, impartial |
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| 1 | | hearing officers from the master list of qualified, | 2 | | impartial hearing officers maintained by the State Board of | 3 | | Education. Each person on the master list must (i) be
| 4 | | accredited by a national arbitration organization and have | 5 | | had a minimum of 5
years of experience directly related to | 6 | | labor and employment
relations matters between employers | 7 | | and employees or
their exclusive bargaining | 8 | | representatives and (ii) beginning September 1, 2012, have | 9 | | participated in training provided or approved by the State | 10 | | Board of Education for teacher dismissal hearing officers | 11 | | so that he or she is familiar with issues generally | 12 | | involved in evaluative and non-evaluative dismissals. | 13 | | If notice to the teacher was sent before July 1, 2012 | 14 | | or, if the notice was sent on or after July 1, 2012, the | 15 | | teacher has requested a hearing before a mutually selected | 16 | | hearing officer, the board and the teacher or their
legal | 17 | | representatives within 3 business days shall alternately | 18 | | strike one name from
the list provided by the State Board | 19 | | of Education until only one name remains. Unless waived by | 20 | | the teacher, the
teacher shall have the right to
proceed | 21 | | first with the striking.
Within 3 business days of receipt | 22 | | of the list provided by the State Board of
Education, the | 23 | | board and the teacher or their legal representatives shall | 24 | | each
have the right to reject all prospective hearing | 25 | | officers named on the
list and notify the State Board of | 26 | | Education of such rejection. Within 3 business days after |
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| 1 | | receiving this notification, the State
Board of Education | 2 | | shall appoint a qualified person from the master list who | 3 | | did not appear on the list sent to the parties to serve as | 4 | | the hearing officer, unless the parties notify it that they | 5 | | have chosen to alternatively select a hearing officer under | 6 | | paragraph (4) of this subsection (d). | 7 | | If the teacher has requested a hearing before a hearing | 8 | | officer selected by the board, the board shall select one | 9 | | name from the master list of qualified impartial hearing | 10 | | officers maintained by the State Board of Education within | 11 | | 3 business days after receipt and shall notify the State | 12 | | Board of Education of its selection. | 13 | | A hearing officer mutually selected by the parties, | 14 | | selected by the board, or selected through an alternative | 15 | | selection process under paragraph (4) of this subsection | 16 | | (d) (A) must not be a resident of the school district, (B) | 17 | | must be available to commence the hearing within 75 days | 18 | | and conclude the hearing within 120 days after being | 19 | | selected as the hearing officer, and (C) must issue a | 20 | | decision as to whether the teacher must be dismissed and | 21 | | give a copy of that decision to both the teacher and the | 22 | | board within 30 days from the conclusion of the hearing or | 23 | | closure of the record, whichever is later. | 24 | | (4) In the alternative
to selecting a hearing officer | 25 | | from the list received from the
State Board of Education or | 26 | | accepting the appointment of a hearing officer by the State |
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| 1 | | Board of Education or if the State Board of Education | 2 | | cannot provide a list or appoint a hearing officer that | 3 | | meets the foregoing requirements, the board and the teacher | 4 | | or their legal
representatives may mutually agree to select | 5 | | an impartial hearing officer who
is not on the master list | 6 | | either by direct
appointment by the parties or by using | 7 | | procedures for the appointment of an
arbitrator | 8 | | established by the Federal Mediation and Conciliation | 9 | | Service or the
American Arbitration Association. The | 10 | | parties shall notify the State Board of
Education of their | 11 | | intent to select a hearing officer using an alternative
| 12 | | procedure within 3 business days of receipt of a list of | 13 | | prospective hearing officers
provided by the State Board of | 14 | | Education, notice of appointment of a hearing officer by | 15 | | the State Board of Education, or receipt of notice from the | 16 | | State Board of Education that it cannot provide a list that | 17 | | meets the foregoing requirements, whichever is later. | 18 | | (5) If the notice of dismissal was sent to the teacher | 19 | | before July 1, 2012, the fees and costs for the hearing | 20 | | officer must be paid by the State Board of Education. If | 21 | | the notice of dismissal was sent to the teacher on or after | 22 | | July 1, 2012, the hearing officer's fees and costs must be | 23 | | paid as follows in this paragraph (5). The fees and | 24 | | permissible costs for the hearing officer must be | 25 | | determined by the State Board of Education. If the board | 26 | | and the teacher or their legal representatives mutually |
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| 1 | | agree to select an impartial hearing officer who is not on | 2 | | a list received from the State Board of Education, they may | 3 | | agree to supplement the fees determined by the State Board | 4 | | to the hearing officer, at a rate consistent with the | 5 | | hearing officer's published professional fees. If the | 6 | | hearing officer is mutually selected by the parties, then | 7 | | the board and the teacher or their legal representatives | 8 | | shall each pay 50% of the fees and costs and any | 9 | | supplemental allowance to which they agree. If the hearing | 10 | | officer is selected by the board, then the board shall pay | 11 | | 100% of the hearing officer's fees and costs. The fees and | 12 | | costs must be paid to the hearing officer within 14 days | 13 | | after the board and the teacher or their legal | 14 | | representatives receive the hearing officer's decision set | 15 | | forth in paragraph (7) of this subsection (d). | 16 | | (6) The teacher is required to answer the bill of | 17 | | particulars and aver affirmative matters in his or her | 18 | | defense, and the time for initially doing so and the time | 19 | | for updating such answer and defenses after pre-hearing | 20 | | discovery must be set by the hearing officer.
The State | 21 | | Board of Education shall
promulgate rules so that each | 22 | | party has a fair opportunity to present its case and to | 23 | | ensure that the dismissal process proceeds in a fair and | 24 | | expeditious manner. These rules shall address, without | 25 | | limitation, discovery and hearing scheduling conferences; | 26 | | the teacher's initial answer and affirmative defenses to |
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| 1 | | the bill of particulars and the updating of that | 2 | | information after pre-hearing discovery; provision for | 3 | | written interrogatories and requests for production of | 4 | | documents; the requirement that each party initially | 5 | | disclose to the other party and then update the disclosure | 6 | | no later than 10 calendar days prior to the commencement of | 7 | | the hearing, the names and addresses of persons who may be | 8 | | called as
witnesses at the hearing, a summary of the facts | 9 | | or opinions each witness will testify to, and all other
| 10 | | documents and materials, including information maintained | 11 | | electronically, relevant to its own as well as the other | 12 | | party's case (the hearing officer may exclude witnesses and | 13 | | exhibits not identified and shared, except those offered in | 14 | | rebuttal for which the party could not reasonably have | 15 | | anticipated prior to the hearing); pre-hearing discovery | 16 | | and preparation, including provision for written | 17 | | interrogatories and requests for production of documents, | 18 | | provided that discovery depositions are prohibited; the | 19 | | conduct of the hearing; the right of each party to be | 20 | | represented by counsel, the offer of evidence and witnesses | 21 | | and the cross-examination of witnesses; the authority of | 22 | | the hearing officer to issue subpoenas and subpoenas duces | 23 | | tecum, provided that the hearing officer may limit the | 24 | | number of witnesses to be subpoenaed on behalf of each | 25 | | party to no more than 7; the length of post-hearing briefs; | 26 | | and the form, length, and content of hearing officers' |
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| 1 | | decisions. The hearing officer
shall hold a hearing and | 2 | | render a final decision for dismissal pursuant to Article | 3 | | 24A of this Code or shall report to the school board | 4 | | findings of fact and a recommendation as to whether or not | 5 | | the teacher must be dismissed for conduct. The hearing | 6 | | officer shall commence the hearing within 75 days and | 7 | | conclude the hearing within 120 days after being selected | 8 | | as the hearing officer, provided that the hearing officer | 9 | | may modify these timelines upon the showing of good cause | 10 | | or mutual agreement of the parties. Good cause for the | 11 | | purpose of this subsection (d) shall mean the illness or | 12 | | otherwise unavoidable emergency of the teacher, district | 13 | | representative, their legal representatives, the hearing | 14 | | officer, or an essential witness as indicated in each | 15 | | party's pre-hearing submission. In a dismissal hearing | 16 | | pursuant to Article 24A of this Code, the hearing officer | 17 | | shall consider and give weight to all of the teacher's | 18 | | evaluations written pursuant to Article 24A that are | 19 | | relevant to the issues in the hearing. | 20 | | Each party shall have no more than 3 days to present | 21 | | its case, unless extended by the hearing officer to enable | 22 | | a party to present adequate evidence and testimony, | 23 | | including due to the other party's cross-examination of the | 24 | | party's witnesses, for good cause or by mutual agreement of | 25 | | the parties. The State Board of Education shall define in | 26 | | rules the meaning of "day" for such purposes. All testimony |
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| 1 | | at the hearing shall be taken under oath
administered by | 2 | | the hearing officer. The hearing officer shall cause a
| 3 | | record of the proceedings to be kept and shall employ a | 4 | | competent reporter
to take stenographic or stenotype notes | 5 | | of all the testimony. The costs of
the reporter's | 6 | | attendance and services at the hearing shall be paid by the | 7 | | party or parties who are responsible for paying the fees | 8 | | and costs of the hearing officer. Either party desiring a | 9 | | transcript of the hearing
shall pay for the cost thereof. | 10 | | Any post-hearing briefs must be submitted by the parties by | 11 | | no later than 21 days after a party's receipt of the | 12 | | transcript of the hearing, unless extended by the hearing | 13 | | officer for good cause or by mutual agreement of the | 14 | | parties. | 15 | | (7) The hearing officer shall, within 30 days from the | 16 | | conclusion of the
hearing or closure of the record, | 17 | | whichever is later,
make a decision as to whether or not | 18 | | the teacher shall be dismissed pursuant to Article 24A of | 19 | | this Code or report to the school board findings of fact | 20 | | and a recommendation as to whether or not the teacher shall | 21 | | be dismissed for cause and
shall give a copy of the | 22 | | decision or findings of fact and recommendation to both the | 23 | | teacher and the school
board.
If a hearing officer fails
| 24 | | without good cause, specifically provided in writing to | 25 | | both parties and the State Board of Education, to render a | 26 | | decision or findings of fact and recommendation within 30 |
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| 1 | | days after the hearing is
concluded or the
record is | 2 | | closed, whichever is later,
the
parties may mutually agree | 3 | | to select a hearing officer pursuant to the
alternative
| 4 | | procedure, as provided in this Section,
to rehear the | 5 | | charges heard by the hearing officer who failed to render a
| 6 | | decision or findings of fact and recommendation or to | 7 | | review the record and render a decision.
If any hearing
| 8 | | officer fails without good cause, specifically provided in | 9 | | writing to both parties and the State Board of Education, | 10 | | to render a decision or findings of fact and recommendation | 11 | | within 30 days after the
hearing is concluded or the record | 12 | | is closed, whichever is later, the hearing
officer shall be | 13 | | removed
from the master
list of hearing officers maintained | 14 | | by the State Board of Education for not more than 24 | 15 | | months. The parties and the State Board of Education may | 16 | | also take such other actions as it deems appropriate, | 17 | | including recovering, reducing, or withholding any fees | 18 | | paid or to be paid to the hearing officer. If any hearing | 19 | | officer repeats such failure, he or she must be permanently | 20 | | removed from the master list maintained by the State Board | 21 | | of Education and may not be selected by parties through the | 22 | | alternative selection process under this paragraph (7) or | 23 | | paragraph (4) of this subsection (d).
The board shall not | 24 | | lose jurisdiction to discharge a teacher if the hearing
| 25 | | officer fails to render a decision or findings of fact and | 26 | | recommendation within the time specified in this
Section. |
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| 1 | | If the decision of the hearing officer for dismissal | 2 | | pursuant to Article 24A of this Code or of the school board | 3 | | for dismissal for cause is in favor of the teacher, then | 4 | | the hearing officer or school board shall order | 5 | | reinstatement to the same or substantially equivalent | 6 | | position and shall determine the amount for which the | 7 | | school board is liable, including, but not limited to, loss | 8 | | of income and benefits. | 9 | | (8) The school board, within 45 days after receipt of | 10 | | the hearing officer's findings of fact and recommendation | 11 | | as to whether (i) the conduct at issue occurred, (ii) the | 12 | | conduct that did occur was remediable, and (iii) the | 13 | | proposed dismissal should be sustained, shall issue a | 14 | | written order as to whether the teacher must be retained or | 15 | | dismissed for cause from its employ. The school board's | 16 | | written order shall incorporate the hearing officer's | 17 | | findings of fact, except that the school board may modify | 18 | | or supplement the findings of fact if, in its opinion, the | 19 | | findings of fact are against the manifest weight of the | 20 | | evidence. | 21 | | If the school board dismisses the teacher | 22 | | notwithstanding the hearing officer's findings of fact and | 23 | | recommendation, the school board shall make a conclusion in | 24 | | its written order, giving its reasons therefor, and such | 25 | | conclusion and reasons must be included in its written | 26 | | order. The failure of the school board to strictly adhere |
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| 1 | | to the timelines contained in this Section shall not render | 2 | | it without jurisdiction to dismiss the teacher. The school | 3 | | board shall not lose jurisdiction to discharge the teacher | 4 | | for cause if the hearing officer fails to render a | 5 | | recommendation within the time specified in this Section. | 6 | | The decision of the school board is final, unless reviewed | 7 | | as provided in paragraph (9) of this subsection (d). | 8 | | If the school board retains the teacher, the school | 9 | | board shall enter a written order stating the amount of | 10 | | back pay and lost benefits, less mitigation, to be paid to | 11 | | the teacher, within 45 days after its retention order. | 12 | | Should the teacher object to the amount of the back pay and | 13 | | lost benefits or amount mitigated, the teacher shall give | 14 | | written objections to the amount within 21 days. If the | 15 | | parties fail to reach resolution within 7 days, the dispute | 16 | | shall be referred to the hearing officer, who shall | 17 | | consider the school board's written order and teacher's | 18 | | written objection and determine the amount to which the | 19 | | school board is liable. The costs of the hearing officer's | 20 | | review and determination must be paid by the board. | 21 | | (9)
The decision of the hearing officer pursuant to | 22 | | Article 24A of this Code or of the school board's decision | 23 | | to dismiss for cause is final unless reviewed as
provided | 24 | | in Section 24-16 of this Act. If the school board's | 25 | | decision to dismiss for cause is contrary to the hearing | 26 | | officer's recommendation, the court on review shall give |
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| 1 | | consideration to the school board's decision and its | 2 | | supplemental findings of fact, if applicable, and the | 3 | | hearing officer's findings of fact and recommendation in | 4 | | making its decision. In the event such review is
| 5 | | instituted, the school board shall be responsible for | 6 | | preparing and filing the record of proceedings, and such | 7 | | costs associated therewith must be divided equally between | 8 | | the parties.
| 9 | | (10) If a decision of the hearing officer for dismissal | 10 | | pursuant to Article 24A of this Code or of the school board | 11 | | for dismissal for cause is adjudicated upon review or
| 12 | | appeal in favor of the teacher, then the trial court shall | 13 | | order
reinstatement and shall remand the matter to the | 14 | | school board with direction for entry of an order setting | 15 | | the amount of back pay, lost benefits, and costs, less | 16 | | mitigation. The teacher may challenge the school board's | 17 | | order setting the amount of back pay, lost benefits, and | 18 | | costs, less mitigation, through an expedited arbitration | 19 | | procedure, with the costs of the arbitrator borne by the | 20 | | school board.
| 21 | | Any teacher who is reinstated by any hearing or | 22 | | adjudication brought
under this Section shall be assigned | 23 | | by the board to a position
substantially similar to the one | 24 | | which that teacher held prior to that
teacher's suspension | 25 | | or dismissal.
| 26 | | (11) Subject to any later effective date referenced in |
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| 1 | | this Section for a specific aspect of the dismissal | 2 | | process, the changes made by Public Act 97-8 shall apply to | 3 | | dismissals instituted on or after September 1, 2011. Any | 4 | | dismissal instituted prior to September 1, 2011 must be | 5 | | carried out in accordance with the requirements of this | 6 | | Section prior to amendment by Public Act 97-8.
| 7 | | (e) Nothing contained in this amendatory Act of the 98th | 8 | | General Assembly repeals, supersedes, invalidates, or | 9 | | nullifies final decisions in lawsuits pending on the effective | 10 | | date of this amendatory Act of the 98th General Assembly in | 11 | | Illinois courts involving the interpretation of Public Act | 12 | | 97-8. | 13 | | (Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78, | 14 | | eff. 7-20-15.)
| 15 | | (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4) | 16 | | Sec. 24A-4. Development of evaluation plan. | 17 | | (a) As used in
this and the succeeding Sections, "teacher" | 18 | | means any and all school
district employees regularly required | 19 | | to be certified under laws relating
to the certification of | 20 | | teachers. Each school district shall develop, in
cooperation | 21 | | with its teachers or, where applicable, the exclusive
| 22 | | bargaining representatives of its teachers, an evaluation plan | 23 | | for all
teachers. | 24 | | (b) By no later than the applicable implementation date, | 25 | | each school district shall, in good faith cooperation with its |
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| 1 | | teachers or, where applicable, the exclusive bargaining | 2 | | representatives of its teachers, incorporate the use of data | 3 | | and indicators on student growth as a significant factor in | 4 | | rating teaching performance, into its evaluation plan for all | 5 | | teachers, both those teachers in contractual continued service | 6 | | and those teachers not in contractual continued service. The | 7 | | plan shall at least meet the standards and requirements for | 8 | | student growth and teacher evaluation established under | 9 | | Section 24A-7, and specifically describe how student growth | 10 | | data and indicators will be used as part of the evaluation | 11 | | process, how this information will relate to evaluation | 12 | | standards, the assessments or other indicators of student | 13 | | performance that will be used in measuring student growth and | 14 | | the weight that each will have, the methodology that will be | 15 | | used to measure student growth, and the criteria other than | 16 | | student growth that will be used in evaluating the teacher and | 17 | | the weight that each will have. | 18 | | To incorporate the use of data and indicators of student | 19 | | growth as a significant factor in rating teacher performance | 20 | | into the evaluation plan, the district shall use a joint | 21 | | committee composed of equal representation selected by the | 22 | | district and its teachers or, where applicable, the exclusive | 23 | | bargaining representative of its teachers. If, within 180 | 24 | | calendar days of the committee's first meeting, the committee | 25 | | does not reach agreement on the plan, then the district shall | 26 | | implement the model evaluation plan established under Section |
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| 1 | | 24A-7 with respect to the use of data and indicators on student | 2 | | growth as a significant factor in rating teacher performance. | 3 | | Nothing in this subsection (b) shall make decisions on the | 4 | | use of data and indicators on student growth as a significant | 5 | | factor in rating teaching performance mandatory subjects of | 6 | | bargaining under the Illinois Educational Labor Relations Act | 7 | | that are not currently mandatory subjects of bargaining under | 8 | | the Act. | 9 | | The provisions of the Open Meetings Act shall not apply to | 10 | | meetings of a joint committee formed under this subsection (b). | 11 | | (c) Notwithstanding anything to the contrary in subsection | 12 | | (b) of this Section, if the joint committee referred to in that | 13 | | subsection does not reach agreement on the plan within 90 | 14 | | calendar days after the committee's first meeting, a school | 15 | | district having 500,000 or more inhabitants shall not be | 16 | | required to implement any aspect of the model evaluation plan | 17 | | and may implement its last best proposal.
| 18 | | (d) Beginning the first school year following the effective | 19 | | date of this amendatory Act of the 100th General Assembly, the | 20 | | joint committee referred to in subsection (b) of this Section | 21 | | shall meet no less than one time annually to assess and review | 22 | | the effectiveness of the district's evaluation plan for the | 23 | | purposes of continuous improvement of instruction and | 24 | | evaluation practices. | 25 | | (Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10; | 26 | | 96-1423, eff. 8-3-10.)
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| 1 | | Section 10. The Illinois Educational Labor Relations Act is | 2 | | amended by changing Section 18 as follows:
| 3 | | (115 ILCS 5/18) (from Ch. 48, par. 1718)
| 4 | | Sec. 18. Meetings. The provisions of the Open Meetings Act | 5 | | shall not
apply to collective bargaining negotiations , | 6 | | including negotiating team strategy sessions, and grievance | 7 | | arbitrations conducted
pursuant to this Act.
| 8 | | (Source: P.A. 83-1014.)
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