Full Text of HB5811 100th General Assembly
HB5811 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5811 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED: | | 105 ILCS 5/24-11 | from Ch. 122, par. 24-11 |
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Amends the School Code. Makes a technical change in a Section concerning
teacher tenure.
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| | A BILL FOR |
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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 Section | 5 | | 24-11 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
and the succeeding
Sections of this | 10 | | Article: | 11 | | "Teacher" means any or all school district employees | 12 | | regularly required to be
certified under laws relating to the | 13 | | certification 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 1 | 17 | | to the following
June 30, when school is in actual session.
| 18 | | "Program" means a program of a special education joint | 19 | | agreement. | 20 | | "Program of a special education joint agreement" means | 21 | | instructional, consultative, supervisory, administrative, | 22 | | diagnostic, and related services that are managed by a special | 23 | | educational joint agreement designed to service 2 or more |
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| 1 | | school districts that are members of the joint agreement. | 2 | | "PERA implementation date" means the implementation date | 3 | | of an evaluation system for teachers as specified by Section | 4 | | 24A-2.5 of this Code for all schools within a school district | 5 | | or all programs of a special education joint agreement. | 6 | | (b) This Section and Sections 24-12 through 24-16 of this | 7 | | Article apply only to
school districts having less than 500,000 | 8 | | inhabitants.
| 9 | | (c) Any teacher who is first employed as a full-time | 10 | | teacher in a school district or program prior to the PERA | 11 | | implementation date and who is employed in that district or | 12 | | program for
a probationary period of 4 consecutive school terms | 13 | | shall enter upon
contractual continued service in the district | 14 | | or in all of the programs that the teacher is legally qualified | 15 | | to hold, unless the teacher is given written notice of | 16 | | dismissal by certified mail, return receipt requested, by
the | 17 | | employing board at least 45 days before the end of any school | 18 | | term within such
period.
| 19 | | (d) For any teacher who is first employed as a full-time | 20 | | teacher in a school district or program on or after the PERA | 21 | | implementation date, the probationary period shall be one of | 22 | | the following periods, based upon the teacher's school terms of | 23 | | service and performance, before the teacher shall enter upon | 24 | | contractual continued service in the district or in all of the | 25 | | programs that the teacher is legally qualified to hold, unless | 26 | | the teacher is given written notice of dismissal by certified |
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| 1 | | mail, return receipt requested, by the employing board at least | 2 | | 45 days before the end of any school term within such period: | 3 | | (1) 4 consecutive school terms of service in which the | 4 | | teacher receives overall annual evaluation ratings of at | 5 | | least "Proficient" in the last school term and at least | 6 | | "Proficient" in either the second or third school term; | 7 | | (2) 3 consecutive school terms of service in which the | 8 | | teacher receives 3 overall annual evaluations of | 9 | | "Excellent"; or | 10 | | (3) 2 consecutive school terms of service in which the | 11 | | teacher receives 2 overall annual evaluations of | 12 | | "Excellent" service, but only if the teacher (i) previously | 13 | | attained contractual continued service in a different | 14 | | school district or program in this State, (ii) voluntarily | 15 | | departed or was honorably dismissed from that school | 16 | | district or program in the school term immediately prior to | 17 | | the teacher's first school term of service applicable to | 18 | | the attainment of contractual continued service under this | 19 | | subdivision (3), and (iii) received, in his or her 2 most | 20 | | recent overall annual or biennial evaluations from the | 21 | | prior school district or program, ratings of at least | 22 | | "Proficient", with both such ratings occurring after the | 23 | | school district's or program's PERA implementation date. | 24 | | For a teacher to attain contractual continued service under | 25 | | this subdivision (3), the teacher shall provide official | 26 | | copies of his or her 2 most recent overall annual or |
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| 1 | | biennial evaluations from the prior school district or | 2 | | program to the new school district or program within 60 | 3 | | days from the teacher's first day of service with the new | 4 | | school district or program. The prior school district or | 5 | | program must provide the teacher with official copies of | 6 | | his or her 2 most recent overall annual or biennial | 7 | | evaluations within 14 days after the teacher's request. If | 8 | | a teacher has requested such official copies prior to 45 | 9 | | days after the teacher's first day of service with the new | 10 | | school district or program and the teacher's prior school | 11 | | district or program fails to provide the teacher with the | 12 | | official copies required under this subdivision (3), then | 13 | | the time period for the teacher to submit the official | 14 | | copies to his or her new school district or program must be | 15 | | extended until 14 days after receipt of such copies from | 16 | | the prior school district or program. If the prior school | 17 | | district or program fails to provide the teacher with the | 18 | | official copies required under this subdivision (3) within | 19 | | 90 days from the teacher's first day of service with the | 20 | | new school district or program, then the new school | 21 | | district or program shall rely upon the teacher's own | 22 | | copies of his or her evaluations for purposes of this | 23 | | subdivision (3). | 24 | | If the teacher does not receive overall annual evaluations | 25 | | of "Excellent" in the school terms necessary for eligibility to | 26 | | achieve accelerated contractual continued service in |
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| 1 | | subdivisions (2) and (3) of this subsection (d), the teacher | 2 | | shall be eligible for contractual continued service pursuant to | 3 | | subdivision (1) of this subsection (d). If, at the conclusion | 4 | | of 4 consecutive school terms of service that count toward | 5 | | attainment of contractual continued service, the teacher's | 6 | | performance does not qualify the teacher for contractual | 7 | | continued service under subdivision (1) of this subsection (d), | 8 | | then the teacher shall not enter upon contractual continued | 9 | | service and shall be dismissed. If a performance evaluation is | 10 | | not conducted for any school term when such evaluation is | 11 | | required to be conducted under Section 24A-5 of this Code, then | 12 | | the teacher's performance evaluation rating for such school | 13 | | term for purposes of determining the attainment of contractual | 14 | | continued service shall be deemed "Proficient". | 15 | | (e) For the purposes of determining contractual continued | 16 | | service, a school term shall be counted only toward attainment | 17 | | of contractual continued service if the teacher actually | 18 | | teaches or is otherwise present and participating in the | 19 | | district's or program's educational program for 120 days or | 20 | | more, provided that the days of leave under the federal Family | 21 | | Medical Leave Act that the teacher is required to take until | 22 | | the end of the school term shall be considered days of teaching | 23 | | or participation in the district's or program's educational | 24 | | program. A school term that is not counted toward attainment of | 25 | | contractual continued service shall not be considered a break | 26 | | in service for purposes of determining whether a teacher has |
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| 1 | | been employed for 4 consecutive school terms, provided that the | 2 | | teacher actually teaches or is otherwise present and | 3 | | participating in the district's or program's educational | 4 | | program in the following school term. | 5 | | (f) If the employing board determines to dismiss the | 6 | | teacher in the last year of the probationary period as provided | 7 | | in subsection (c) of this Section or subdivision (1) or (2) of | 8 | | subsection (d) of this Section, but not subdivision (3) of | 9 | | subsection (d) of this Section, the written notice of dismissal | 10 | | provided by the employing board must contain specific reasons | 11 | | for dismissal. Any full-time teacher who does not receive | 12 | | written notice from the employing board at least 45 days before | 13 | | the end of any school term as provided in this Section and | 14 | | whose performance does not require dismissal after the fourth | 15 | | probationary year pursuant to subsection (d) of this Section | 16 | | shall be re-employed for the following school term.
| 17 | | (g) Contractual continued service shall continue in effect | 18 | | the terms and
provisions of the contract with the teacher | 19 | | during the last school term
of the probationary period, subject | 20 | | to this Act and the lawful
regulations of the employing board. | 21 | | This Section and succeeding Sections
do not modify any existing | 22 | | power of the board except with respect to the
procedure of the | 23 | | discharge of a teacher and reductions in salary as
hereinafter | 24 | | provided. Contractual continued service status shall not
| 25 | | restrict the power of the board to transfer a teacher to a | 26 | | position
which the teacher is qualified to fill or to make such |
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| 1 | | salary
adjustments as it deems desirable, but unless reductions | 2 | | in salary are
uniform or based upon some reasonable | 3 | | classification, any teacher whose
salary is reduced shall be | 4 | | entitled to a notice and a hearing as
hereinafter provided in | 5 | | the case of certain dismissals or removals.
| 6 | | (h) If, by reason of any change in the boundaries of school | 7 | | districts or by reason of the creation of a new school | 8 | | district, the position held by any teacher having a contractual | 9 | | continued service status is transferred from one board to the | 10 | | control of a new or different board, then the contractual | 11 | | continued service status of the teacher is not thereby lost, | 12 | | and such new or different board is subject to this Code with | 13 | | respect to the teacher in the same manner as if the teacher | 14 | | were its employee and had been its employee during the time the | 15 | | teacher was actually employed by the board from whose control | 16 | | the position was transferred. | 17 | | (i) The employment of any teacher in a program of a special | 18 | | education joint
agreement established under Section 3-15.14, | 19 | | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | 20 | | Sections of this Article. For purposes of
attaining and | 21 | | maintaining contractual continued service and computing
length | 22 | | of continuing service as referred to in this Section and | 23 | | Section
24-12, employment in a special educational joint | 24 | | program shall be deemed a
continuation of all previous | 25 | | certificated employment of such teacher for
such joint | 26 | | agreement whether the employer of the teacher was the joint
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| 1 | | agreement, the regional superintendent, or one of the | 2 | | participating
districts in the joint agreement.
| 3 | | (j) For any teacher employed after July 1, 1987 as a | 4 | | full-time teacher in a program of a special education joint | 5 | | agreement, whether the program is operated by the joint | 6 | | agreement or a member district on behalf of the joint | 7 | | agreement, in the event of a reduction in the number of | 8 | | programs or positions in the joint agreement in which the | 9 | | notice of dismissal is provided on or before the end of the | 10 | | 2010-2011 school term, the teacher in contractual continued | 11 | | service is eligible for employment in the joint agreement | 12 | | programs for which the teacher is legally qualified in order of | 13 | | greater length of continuing service in the joint agreement, | 14 | | unless an alternative method of determining the sequence of | 15 | | dismissal is established in a collective bargaining agreement. | 16 | | For any teacher employed after July 1, 1987 as a full-time | 17 | | teacher in a program of a special education joint agreement, | 18 | | whether the program is operated by the joint agreement or a | 19 | | member district on behalf of the joint agreement, in the event | 20 | | of a reduction in the number of programs or positions in the | 21 | | joint agreement in which the notice of dismissal is provided | 22 | | during the 2011-2012 school term or a subsequent school term, | 23 | | the teacher shall be included on the honorable dismissal lists | 24 | | of all joint agreement programs for positions for which the | 25 | | teacher is qualified and is eligible for employment in such | 26 | | programs in accordance with subsections (b) and (c) of Section |
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| 1 | | 24-12 of this Code and the applicable honorable dismissal | 2 | | policies of the joint agreement. | 3 | | (k) For any teacher employed after July 1, 1987 as a | 4 | | full-time teacher in a program of a special education joint | 5 | | agreement, whether the program is operated by the joint | 6 | | agreement or a member district on behalf of the joint | 7 | | agreement, in the event of the dissolution of a joint | 8 | | agreement, in which the notice to teachers of the dissolution | 9 | | is provided during the 2010-2011 school term, the teacher in | 10 | | contractual continued service who is legally qualified shall be | 11 | | assigned to any comparable position in a member district | 12 | | currently held by a teacher who has not entered upon | 13 | | contractual continued service or held by a teacher who has | 14 | | entered upon contractual continued service with a shorter | 15 | | length of contractual continued service. Any teacher employed | 16 | | after July 1, 1987 as a full-time teacher in a program of a | 17 | | special education joint agreement, whether the program is | 18 | | operated by the joint agreement or a member district on behalf | 19 | | of the joint agreement, in the event of the dissolution of a | 20 | | joint agreement in which the notice to teachers of the | 21 | | dissolution is provided during the 2011-2012 school term or a | 22 | | subsequent school term, the teacher who is qualified shall be | 23 | | included on the order of honorable dismissal lists of each | 24 | | member district and shall be assigned to any comparable | 25 | | position in any such district in accordance with subsections | 26 | | (b) and (c) of Section 24-12 of this Code and the applicable |
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| 1 | | honorable dismissal policies of each member district.
| 2 | | (l) The governing board of the joint agreement, or the | 3 | | administrative
district, if so authorized by the articles of | 4 | | agreement of the joint
agreement, rather than the board of | 5 | | education of a school district, may
carry out employment and | 6 | | termination actions including dismissals under
this Section | 7 | | and Section 24-12.
| 8 | | (m) The employment of any teacher in a special education | 9 | | program
authorized by Section 14-1.01 through 14-14.01, or a | 10 | | joint educational
program established under Section 10-22.31a, | 11 | | shall be under this and the
succeeding Sections of this | 12 | | Article, and such employment shall be deemed
a continuation of | 13 | | the previous employment of such teacher in any of the
| 14 | | participating districts, regardless of the participation of | 15 | | other
districts in the program. | 16 | | (n) Any teacher employed as a full-time teacher in
a | 17 | | special education program prior to September 23, 1987 in which | 18 | | 2 or
more school districts
participate for a probationary | 19 | | period of 2 consecutive years shall enter
upon contractual | 20 | | continued service in each of the participating
districts, | 21 | | subject to this and the succeeding Sections of this Article,
| 22 | | and, notwithstanding Section 24-1.5 of this Code, in the event | 23 | | of the termination of the program shall be eligible for
any | 24 | | vacant position in any of such districts for which such teacher | 25 | | is
qualified.
| 26 | | (Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
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