Illinois General Assembly - Full Text of HB3326
Illinois General Assembly

Previous General Assemblies

Full Text of HB3326  95th General Assembly

HB3326 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3326

 

Introduced 2/26/2007, by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/24-11   from Ch. 122, par. 24-11

    Amends the School Code. Makes a technical change in a Section concerning teacher tenure.


LRB095 06955 NHT 27074 b

 

 

A BILL FOR

 

HB3326 LRB095 06955 NHT 27074 b

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. As used in this and
9 the succeeding Sections of this Article:
10     "Teacher" means any or all school district employees
11 regularly required to be certified under laws relating to the
12 certification of teachers.
13     "Board" means board of directors, board of education, or
14 board of school inspectors, as the case may be.
15     "School term" means that portion of the the school year,
16 July 1 to the following June 30, when school is in actual
17 session.
18     This Section and Sections 24-12 through 24-16 of this
19 Article apply only to school districts having less than 500,000
20 inhabitants.
21     Any teacher who has been employed in any district as a
22 full-time teacher for a probationary period of 2 consecutive
23 school terms shall enter upon contractual continued service

 

 

HB3326 - 2 - LRB095 06955 NHT 27074 b

1 unless given written notice of dismissal stating the specific
2 reason therefor, by certified mail, return receipt requested by
3 the employing board at least 45 days before the end of such
4 period; except that for a teacher who is first employed as a
5 full-time teacher by a school district on or after January 1,
6 1998 and who has not before that date already entered upon
7 contractual continued service in that district, the
8 probationary period shall be 4 consecutive school terms before
9 the teacher shall enter upon contractual continued service. For
10 the purpose of determining contractual continued service, the
11 first probationary year shall be any full-time employment from
12 a date before November 1 through the end of the school year.
13 If, however, a teacher who was first employed prior to January
14 1, 1998 has not had one school term of full-time teaching
15 experience before the beginning of a probationary period of 2
16 consecutive school terms, the employing board may at its option
17 extend the probationary period for one additional school term
18 by giving the teacher written notice by certified mail, return
19 receipt requested, at least 45 days before the end of the
20 second school term of the period of 2 consecutive school terms
21 referred to above. This notice must state the reasons for the
22 one year extension and must outline the corrective actions that
23 the teacher must take to satisfactorily complete probation. The
24 changes made by this amendatory Act of 1998 are declaratory of
25 existing law.
26     Any full-time teacher who is not completing the last year

 

 

HB3326 - 3 - LRB095 06955 NHT 27074 b

1 of the probationary period described in the preceding
2 paragraph, or any teacher employed on a full-time basis not
3 later than January 1 of the school term, shall receive written
4 notice from the employing board at least 45 days before the end
5 of any school term whether or not he will be re-employed for
6 the following school term. If the board fails to give such
7 notice, the employee shall be deemed reemployed, and not later
8 than the close of the then current school term the board shall
9 issue a regular contract to the employee as though the board
10 had reemployed him in the usual manner.
11     Contractual continued service shall continue in effect the
12 terms and provisions of the contract with the teacher during
13 the last school term of the probationary period, subject to
14 this Act and the lawful regulations of the employing board.
15 This Section and succeeding Sections do not modify any existing
16 power of the board except with respect to the procedure of the
17 discharge of a teacher and reductions in salary as hereinafter
18 provided. Contractual continued service status shall not
19 restrict the power of the board to transfer a teacher to a
20 position which the teacher is qualified to fill or to make such
21 salary adjustments as it deems desirable, but unless reductions
22 in salary are uniform or based upon some reasonable
23 classification, any teacher whose salary is reduced shall be
24 entitled to a notice and a hearing as hereinafter provided in
25 the case of certain dismissals or removals.
26     The employment of any teacher in a program of a special

 

 

HB3326 - 4 - LRB095 06955 NHT 27074 b

1 education joint agreement established under Section 3-15.14,
2 10-22.31 or 10-22.31a shall be under this and succeeding
3 Sections of this Article. For purposes of attaining and
4 maintaining contractual continued service and computing length
5 of continuing service as referred to in this Section and
6 Section 24-12, employment in a special educational joint
7 program shall be deemed a continuation of all previous
8 certificated employment of such teacher for such joint
9 agreement whether the employer of the teacher was the joint
10 agreement, the regional superintendent, or one of the
11 participating districts in the joint agreement.
12     Any teacher employed after July 1, 1987 as a full-time
13 teacher in a program of a special education joint agreement,
14 whether the program is operated by the joint agreement or a
15 member district on behalf of the joint agreement, for a
16 probationary period of two consecutive years shall enter upon
17 contractual continued service in all of the programs conducted
18 by such joint agreement which the teacher is legally qualified
19 to hold; except that for a teacher who is first employed on or
20 after January 1, 1998 in a program of a special education joint
21 agreement and who has not before that date already entered upon
22 contractual continued service in all of the programs conducted
23 by the joint agreement that the teacher is legally qualified to
24 hold, the probationary period shall be 4 consecutive years
25 before the teacher enters upon contractual continued service in
26 all of those programs. In the event of a reduction in the

 

 

HB3326 - 5 - LRB095 06955 NHT 27074 b

1 number of programs or positions in the joint agreement, the
2 teacher on contractual continued service shall be eligible for
3 employment in the joint agreement programs for which the
4 teacher is legally qualified in order of greater length of
5 continuing service in the joint agreement unless an alternative
6 method of determining the sequence of dismissal is established
7 in a collective bargaining agreement. In the event of the
8 dissolution of a joint agreement, the teacher on contractual
9 continued service who is legally qualified shall be assigned to
10 any comparable position in a member district currently held by
11 a teacher who has not entered upon contractual continued
12 service or held by a teacher who has entered upon contractual
13 continued service with shorter length of contractual continued
14 service.
15     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     For purposes of this and succeeding Sections of this
22 Article, a program of a special educational joint agreement
23 shall be defined as instructional, consultative, supervisory,
24 administrative, diagnostic, and related services which are
25 managed by the special educational joint agreement designed to
26 service two or more districts which are members of the joint

 

 

HB3326 - 6 - LRB095 06955 NHT 27074 b

1 agreement.
2     Each joint agreement shall be required to post by February
3 1, a list of all its employees in order of length of continuing
4 service in the joint agreement, unless an alternative method of
5 determining a sequence of dismissal is established in an
6 applicable collective bargaining agreement.
7     The employment of any teacher in a special education
8 program authorized by Section 14-1.01 through 14-14.01, or a
9 joint educational program established under Section 10-22.31a,
10 shall be under this and the succeeding Sections of this
11 Article, and such employment shall be deemed a continuation of
12 the previous employment of such teacher in any of the
13 participating districts, regardless of the participation of
14 other districts in the program. Any teacher employed as a
15 full-time teacher in a special education program prior to
16 September 23, 1987 in which 2 or more school districts
17 participate for a probationary period of 2 consecutive years
18 shall enter upon contractual continued service in each of the
19 participating districts, subject to this and the succeeding
20 Sections of this Article, and in the event of the termination
21 of the program shall be eligible for any vacant position in any
22 of such districts for which such teacher is qualified.
23 (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)