State of Illinois
92nd General Assembly
Legislation

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92_SB2156

 
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 1        AN ACT concerning teachers.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Veteran Teachers to Schools in Need Act.

 6        Section   5.   Findings  and  declarations.  The  General
 7    Assembly finds and declares the following:
 8             (1)  There is a growing  shortage  of  high-quality,
 9        certified  veteran classroom teachers who remain teaching
10        at low-performing, high-needs schools.
11             (2)  Teachers often leave positions at these schools
12        in exchange for higher paying positions at other schools,
13        or  they  choose  to  leave   the   teaching   profession
14        altogether.   These  low-performing,  high-needs  schools
15        often cannot afford to pay teachers  an  adequate  salary
16        and,  therefore,  cannot  afford  to offer these teachers
17        financial incentives to stay.
18             (3)  These schools are often marked by a high number
19        of low-income students.
20             (4)  Out of all students  in  Illinois'  classrooms,
21        these   students   are  most  in  need  of  high-quality,
22        dedicated teachers.
23             (5)  Incentives to  encourage  veteran  teachers  to
24        teach  in  these  low-performing,  high-needs schools are
25        appropriate to ensure  that  all  of  Illinois'  students
26        receive  a  quality  education  so  that  they may become
27        productive citizens of this State.

28        Section 10. Definitions. In this Act:
29        "High quality, veteran teacher of exemplary ability" is a
30    teacher that  meets  the  teacher  qualifications  listed  in
 
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 1    Section 15 of this Act.
 2        "Local  contribution"  means  the  average  annual salary
 3    currently paid by the school  district  to  teachers  at  the
 4    low-performing,    high-needs    school    with    experience
 5    commensurate  with that which a high-quality, veteran teacher
 6    of exemplary ability possesses.
 7        "Low-performing, high-needs school" means a public school
 8    in  this  State  that  may  exhibit  any  of  the   following
 9    characteristics, without limitation:
10             (1)  The  school  is  listed  on  the State Board of
11        Education's Academic Watch List or Early Academic Warning
12        List.
13             (2)  The school has a high rate of drug use,  crime,
14        or low-income students.
15             (3)  The   school   is   defined   as  a  high-need,
16        hard-to-staff school by the State Board of Education.
17        "Program" means the Veteran Teachers to Schools  in  Need
18    Program.
19        "State  contribution"  means  an annual salary supplement
20    paid by the State, as determined under  Section  20  of  this
21    Act.

22        Section    15.    Creation    of   Program;   participant
23    qualifications. The  Veteran  Teachers  to  Schools  in  Need
24    Program  is  established  to  encourage high-quality, veteran
25    teachers of exemplary ability  to  teach  at  low-performing,
26    high-needs  schools  by offering these teachers incentives. A
27    teacher may participate in the Program if the  teacher  meets
28    all of the following qualifications:
29             (1)  The  teacher  has  at least 5 years of teaching
30        experience as a certified teacher.
31             (2)  The teacher is of  high  quality  and  exhibits
32        exemplary ability. High quality and exemplary ability may
33        be   demonstrated   by  any  of  the  following,  without
 
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 1        limitation:
 2                  (A)  Consistent    "excellent"    ratings    on
 3             evaluations conducted pursuant to Article 24A of the
 4             School Code.
 5                  (B)  National Board for  Professional  Teaching
 6             Standards certification.
 7                  (C)  Recognition     of    superior    teaching
 8             excellence demonstrated by the receipt  of  teaching
 9             awards   or  honors,  including  without  limitation
10             "Teacher of the Year" awards.

11        Section 20. Annual salary supplement. Beginning with  the
12    2002-2003 school year, a teacher participating in the Program
13    may  apply  for a salary supplement each school year from the
14    State Board of Education if that teacher begins  teaching  at
15    or,   if   currently   employed,   remains   teaching   at  a
16    low-performing,  high-needs  school.  The  salary  supplement
17    shall be paid to the teacher on a prorated basis as  part  of
18    the  teacher's annual salary payment plan, beginning with the
19    first pay period of the school year.  The  salary  supplement
20    shall be determined as follows:
21             (1)  If   the  participating  teacher  is  currently
22        teaching at  a  school  that  is  not  a  low-performing,
23        high-needs  school,  but will be leaving that position to
24        teach at such a school as a participant in  the  Program,
25        the  State  contribution shall be the teacher's salary at
26        the time of application plus 10% of  that  salary,  minus
27        the local contribution.
28             (2)  If   the  participating  teacher  is  currently
29        teaching at a low-performing, high-needs school and  will
30        continue  to teach at that school, the State contribution
31        shall be 10% of the  teacher's  salary  at  the  time  of
32        application.
33        The  State contribution shall be in addition to the local
 
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 1    contribution. The school district that  employs  the  teacher
 2    must pay the local contribution to the teacher.

 3        Section  25. Increases in pay. A teacher participating in
 4    the Program shall receive increases in pay at the  same  rate
 5    that  other teachers at the low-performing, high-needs school
 6    with a commensurate amount of experience receive, as per  any
 7    collective  bargaining  agreement  applicable  to teachers at
 8    that school. Pay raises shall be paid by the school  district
 9    in addition to the local contribution. The State contribution
10    shall  not  increase, but may be decreased to the extent that
11    the  school  district,  voluntarily  or  through   collective
12    bargaining, increases the local contribution.

13        Section    30.    Participation    obligation.   Teachers
14    participating  in  the  Program  shall,  at  a  minimum,   be
15    obligated  to  participate  in  the Program for a period of 3
16    school  years.  Teachers  failing  to  fulfill  this   3-year
17    commitment  shall  return  any State contribution received to
18    the State, but shall not be held liable to return  any  local
19    contributions or pay raises to the school district.

20        Section    35.    Waiver   of   residency   requirements.
21    Notwithstanding any other law  to  the  contrary,  a  teacher
22    participating in the Program shall not be bound by any school
23    district  or city residency requirements regarding employment
24    at  the  low-performing,  high-needs  school,  provided  that
25    during participation in the Program the teacher  maintains  a
26    residence  that  is  not  more  than  60  miles away from the
27    boundary  of  the  school  district  or  city,  whichever  is
28    applicable.

29        Section  40.  Evaluation.  After  3   school   years   of
30    participation  in  the  Program  and  every 3 school years of
 
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 1    continued  participation  thereafter,  a  participant   shall
 2    undergo  an  evaluation by the school of his or her continued
 3    performance as a high-quality, veteran teacher  of  exemplary
 4    ability.   The  State  Board  of  Education  shall  determine
 5    appropriate   evaluation   criteria   and   shall   determine
 6    performance   characteristics   that   are   to   be   deemed
 7    "satisfactory" or "unsatisfactory".
 8        A   participant   rated   satisfactory    may    continue
 9    participation  in the Program, but after the first 3 years of
10    participation the teacher shall be deemed to  have  fulfilled
11    his  or her minimum participation obligation under Section 30
12    of this Act and may leave the Program at any time.
13        A  participant  rated  unsatisfactory   shall   enter   a
14    probationary  period for a time of not less than 6 months, at
15    which time he or she  shall  undergo  a  re-evaluation.  This
16    probationary  period  shall not be indicated on the teacher's
17    record of employment and  shall  be  exclusively  held  as  a
18    record  of his or her participation in the Program. Inability
19    to improve to a satisfactory rating after  this  probationary
20    period   shall   result  in  termination  from  the  Program.
21    Terminated participants shall continue to receive  the  local
22    contribution  portion  of their salary and may continue to be
23    employed at the  school,  as  determined  by  the  school  in
24    cooperation  with  and  abiding  by any collective bargaining
25    agreements.  Terminated  participants  are  not  required  to
26    return any State contributions received.

27        Section  45.  Program evaluation. Beginning at the end of
28    the 2005 school year and at  the  end  of  each  school  year
29    thereafter,  the  State  Board  of Education shall conduct an
30    annual evaluation of the Program. A report on each evaluation
31    shall be submitted to the General Assembly and shall document
32    whether and the extent to which the Program  has  contributed
33    to pupil performance and teacher retention at low-performing,
 
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 1    high-needs schools.

 2        Section  50.  Funding. Funding for the Program is subject
 3    to annual appropriation made by the General Assembly for that
 4    purpose. However, if the State  fails  to  appropriate  funds
 5    sufficient  to  maintain  a teacher's salary supplement under
 6    Section 20 of this Act  at  any  time  during  the  teacher's
 7    3-year participation obligation under Section 30 of this Act,
 8    the  teacher's  participation  obligation shall be considered
 9    fulfilled. In addition, the  State  shall  pay  a  lump  sum,
10    one-time  payment  to  the teacher that shall be equal to the
11    amount of the State contribution that the teacher would  have
12    received  during  the  remainder  of  that  teacher's  3-year
13    participation obligation.

14        Section  90.  Rules.  The  State Board of Education shall
15    adopt any rules consistent with the requirements of this  Act
16    that are necessary to implement and administer the Program.

17        Section  905.  Repeal.  This  Act  is repealed on July 1,
18    2008.

19        Section 910.  The Illinois Pension  Code  is  amended  by
20    adding Sections 16-133.6 and 17-116.7 as follows:

21        (40 ILCS 5/16-133.6 new)
22        Sec.    16-133.6.    Early   retirement   incentive   for
23    participants in the  Veteran  Teachers  to  Schools  in  Need
24    Program.
25        (a)  For the purposes of this Section:
26        "Act" means the Veteran Teachers to Schools in Need Act.
27        "Program  participant"  means a teacher who is either (i)
28    an active participant in the Veteran Teachers to  Schools  in
29    Need Program created under the Veteran Teachers to Schools in
 
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 1    Need  Act, or (ii) a former participant in that program whose
 2    participation was terminated due to the  State's  failure  to
 3    appropriate  sufficient  moneys  as provided in Section 50 of
 4    the Act, for the remaining  portion  of  the  initial  3-year
 5    participation obligation.
 6        "Salary  supplement"  means the salary supplement paid by
 7    the State to a program participant under Section  20  of  the
 8    Act; it includes any lump sum paid to the program participant
 9    by the State under Section 50 of the Act.
10        (b)  Any   salary   supplement   received  by  a  program
11    participant for which employee contributions have  been  paid
12    to  the System shall be included in the computation of salary
13    and final average salary for the purposes of this Article and
14    Article 20, unless the program  participant  is  required  to
15    repay that salary supplement to the State under Section 30 of
16    the Act.
17        Employee contributions to the System shall be withheld by
18    the State from the salary supplement and paid by the State to
19    the  System  in  the same manner as employee contributions to
20    the System are withheld from salary and paid to the System on
21    behalf of teachers who are State employees.  The receipt of a
22    salary supplement by a program participant does not, however,
23    make that program participant an employee of the State.
24        No separate employer contribution is required at the time
25    of payment  of  the  salary  supplement,  but  the  resulting
26    liability  shall  be  considered  in  the  calculation of the
27    required State contribution under Section 16-158.
28        (c)  A former program  participant  who  is  required  to
29    repay  the salary supplement to the State under Section 30 of
30    the Act forfeits  the  employee  contributions  paid  to  the
31    System  with  respect to that salary supplement.  Neither the
32    former  program  participant  nor  his   or   her   survivor,
33    beneficiary,  or  estate  is  entitled  to  a refund of those
34    forfeited employee contributions.
 
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 1        (d)  Upon completion of  the  first  3  school  years  of
 2    participation  in  the  program with a satisfactory rating, a
 3    program participant is entitled to 3 years of age enhancement
 4    under this Section.    Upon  completion  of  each  additional
 5    school   year   of   participation  in  the  program  with  a
 6    satisfactory rating, a program participant is entitled to one
 7    additional year of age enhancement under this Section, up  to
 8    a total of 6 years of age enhancement under this Section.
 9        For  each  year of age enhancement established under this
10    Section, the program participant shall  be  deemed  one  year
11    older  than  he  or she actually is, beginning at the time of
12    retirement.   The  age  enhancement  established  under  this
13    Section may be used  for  all  purposes  under  this  Article
14    (including  calculation of a proportionate annuity payable by
15    this System under the  Retirement  Systems  Reciprocal  Act),
16    except  for  purposes of a reversionary annuity under Section
17    16-136,  the  retirement  annuity  calculated  under  Section
18    16-133(a)(A),  the  required  distributions   under   Section
19    16-142.3,  and  the  determination of eligibility for and the
20    computation  of  benefits  under  Section  16-133.2  of  this
21    Article.  Age  enhancement  established  under  this  Section
22    shall  not,  however, be used in determining benefits payable
23    under other  Articles  of  this  Code  under  the  Retirement
24    Systems Reciprocal Act.

25        (40 ILCS 5/17-116.7 new)
26        Sec.    17-116.7.    Early   retirement   incentive   for
27    participants in the  Veteran  Teachers  to  Schools  in  Need
28    Program.
29        (a)  For the purposes of this Section:
30        "Act" means the Veteran Teachers to Schools in Need Act.
31        "Program  participant"  means a teacher who is either (i)
32    an active participant in the Veteran Teachers to  Schools  in
33    Need Program created under the Veteran Teachers to Schools in
 
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 1    Need  Act, or (ii) a former participant in that program whose
 2    participation was terminated due to the  State's  failure  to
 3    appropriate  sufficient  moneys  as provided in Section 50 of
 4    the Act, for the remaining  portion  of  the  initial  3-year
 5    participation obligation.
 6        "Salary  supplement"  means the salary supplement paid by
 7    the State to a program participant under Section  20  of  the
 8    Act; it includes any lump sum paid to the program participant
 9    by the State under Section 50 of the Act.
10        (b)  Any   salary   supplement   received  by  a  program
11    participant for which employee contributions have  been  paid
12    to  the  Fund  shall be included in the computation of salary
13    and average salary for  the  purposes  of  this  Article  and
14    Article  20,  unless  the  program participant is required to
15    repay that salary supplement to the State under Section 30 of
16    the Act.
17        Employee contributions to the Fund shall be  withheld  by
18    the State from the salary supplement and paid by the State to
19    the  Fund in the same manner as employee contributions to the
20    Article 16 retirement system are  withheld  from  salary  and
21    paid  to  the  Article  16  retirement  system  on  behalf of
22    teachers  under  that  retirement  system   who   are   State
23    employees.   The  receipt of a salary supplement by a program
24    participant does not, however, make that program  participant
25    an employee of the State.
26        No separate employer contribution is required at the time
27    of  payment  of  the  salary  supplement,  but  the resulting
28    liability shall be considered by the General Assembly in  the
29    calculation  of  the  annual  State  contribution to the Fund
30    under Section 17-127.
31        (c)  A former program  participant  who  is  required  to
32    repay  the salary supplement to the State under Section 30 of
33    the Act forfeits the employee contributions paid to the  Fund
34    with  respect  to that salary supplement.  Neither the former
 
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 1    program participant nor his or her survivor, beneficiary,  or
 2    estate  is  entitled  to a refund of those forfeited employee
 3    contributions.
 4        (d)  Upon completion of  the  first  3  school  years  of
 5    participation  in  the  program with a satisfactory rating, a
 6    program participant is entitled to 3 years of age enhancement
 7    under this Section.    Upon  completion  of  each  additional
 8    school   year   of   participation  in  the  program  with  a
 9    satisfactory rating, a program participant is entitled to one
10    additional year of age enhancement under this Section, up  to
11    a total of 6 years of age enhancement under this Section.
12        For  each  year of age enhancement established under this
13    Section, the program participant shall  be  deemed  one  year
14    older  than  he  or she actually is, beginning at the time of
15    retirement.   The  age  enhancement  established  under  this
16    Section may be used  for  all  purposes  under  this  Article
17    (including  calculation of a proportionate annuity payable by
18    this Fund  under  the  Retirement  Systems  Reciprocal  Act),
19    except  for  purposes of a reversionary annuity under Section
20    17-120 and distributions required by federal law  on  account
21    of age.  Age enhancement established under this Section shall
22    not,  however,  be used in determining benefits payable under
23    other Articles of this  Code  under  the  Retirement  Systems
24    Reciprocal Act.

25        Section 920.  The State Mandates Act is amended by adding
26    Section 8.26 as follows:

27        (30 ILCS 805/8.26 new)
28        Sec.  8.26.  Exempt  mandate.  Notwithstanding Sections 6
29    and 8 of this Act, no reimbursement by the State is  required
30    for  the  implementation  of  any  mandate  created  by  this
31    amendatory Act of the 92nd General Assembly.
 
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 1        Section  999.  Effective  date.  This Act takes effect on
 2    July 1, 2002.

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