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Public Act 103-0500 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
24-11, 24-12, and 34-84 as follows:
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(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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Sec. 24-11. Boards of Education - Boards of School | ||||
Inspectors -
Contractual continued service. | ||||
(a) As used in this and the succeeding
Sections of this | ||||
Article:
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"Teacher" means any or all school district employees | ||||
regularly required to be licensed
under laws relating to the | ||||
licensure of teachers.
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"Board" means board of directors, board of education, or | ||||
board of school
inspectors, as the case may be.
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"School term" means that portion of the school year, July | ||||
1 to the following
June 30, when school is in actual session.
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"Program" means a program of a special education joint | ||||
agreement. | ||||
"Program of a special education joint agreement" means | ||||
instructional, consultative, supervisory, administrative, | ||||
diagnostic, and related services that are managed by a special | ||||
educational joint agreement designed to service 2 or more |
school districts that are members of the joint agreement. | ||
"PERA implementation date" means the implementation date | ||
of an evaluation system for teachers as specified by Section | ||
24A-2.5 of this Code for all schools within a school district | ||
or all programs of a special education joint agreement. | ||
(b) This Section and Sections 24-12 through 24-16 of this | ||
Article apply only to
school districts having less than | ||
500,000 inhabitants.
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(c) Any teacher who is first employed as a full-time | ||
teacher in a school district or program prior to the PERA | ||
implementation date and who is employed in that district or | ||
program for
a probationary period of 4 consecutive school | ||
terms shall enter upon
contractual continued service in the | ||
district or in all of the programs that the teacher is legally | ||
qualified to hold, unless the teacher is given written notice | ||
of dismissal by certified mail, return receipt requested, by
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the employing board at least 45 days before the end of any | ||
school term within such
period.
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(d) For any teacher who is first employed as a full-time | ||
teacher in a school district or program on or after the PERA | ||
implementation date but before July 1, 2023 , the probationary | ||
period shall be one of the following periods, based upon the | ||
teacher's school terms of service and performance, before the | ||
teacher shall enter upon contractual continued service in the | ||
district or in all of the programs that the teacher is legally | ||
qualified to hold, unless the teacher is given written notice |
of dismissal by certified mail, return receipt requested, by | ||
the employing board on or before April 15 at least 45 days | ||
before the end of any school term within such period : | ||
(1) 4 consecutive school terms of service in which the | ||
teacher holds a Professional Educator License and receives | ||
overall annual evaluation ratings of at least "Proficient" | ||
in the last school term and at least "Proficient" in | ||
either the second or third school terms term ; | ||
(2) 3 consecutive school terms of service in which the | ||
teacher holds a Professional Educator License and receives | ||
2 3 overall annual evaluations of "Excellent"; or | ||
(3) 2 consecutive school terms of service in which the | ||
teacher holds a Professional Educator License and receives | ||
2 overall annual evaluations of "Excellent" service, but | ||
only if the teacher (i) previously attained contractual | ||
continued service in a different school district or | ||
program in this State, (ii) voluntarily departed or was | ||
honorably dismissed from that school district or program | ||
in the school term immediately prior to the teacher's | ||
first school term of service applicable to the attainment | ||
of contractual continued service under this subdivision | ||
(3), and (iii) received, in his or her 2 most recent | ||
overall annual or biennial evaluations from the prior | ||
school district or program, ratings of at least | ||
"Proficient", with both such ratings occurring after the | ||
school district's or program's PERA implementation date. |
For a teacher to attain contractual continued service | ||
under this subdivision (3), the teacher shall provide | ||
official copies of his or her 2 most recent overall annual | ||
or biennial evaluations from the prior school district or | ||
program to the new school district or program within 60 | ||
days from the teacher's first day of service with the new | ||
school district or program. The prior school district or | ||
program must provide the teacher with official copies of | ||
his or her 2 most recent overall annual or biennial | ||
evaluations within 14 days after the teacher's request. If | ||
a teacher has requested such official copies prior to 45 | ||
days after the teacher's first day of service with the new | ||
school district or program and the teacher's prior school | ||
district or program fails to provide the teacher with the | ||
official copies required under this subdivision (3), then | ||
the time period for the teacher to submit the official | ||
copies to his or her new school district or program must be | ||
extended until 14 days after receipt of such copies from | ||
the prior school district or program. If the prior school | ||
district or program fails to provide the teacher with the | ||
official copies required under this subdivision (3) within | ||
90 days from the teacher's first day of service with the | ||
new school district or program, then the new school | ||
district or program shall rely upon the teacher's own | ||
copies of his or her evaluations for purposes of this | ||
subdivision (3). |
If the teacher does not receive overall annual evaluations | ||
of "Excellent" in the school terms necessary for eligibility | ||
to achieve accelerated contractual continued service in | ||
subdivisions (2) and (3) of this subsection (d), the teacher | ||
shall be eligible for contractual continued service pursuant | ||
to subdivision (1) of this subsection (d). If, at the | ||
conclusion of 4 consecutive school terms of service that count | ||
toward attainment of contractual continued service, the | ||
teacher's performance does not qualify the teacher for | ||
contractual continued service under subdivision (1) of this | ||
subsection (d), then the teacher shall not enter upon | ||
contractual continued service and shall be dismissed. If a | ||
performance evaluation is not conducted for any school term | ||
when such evaluation is required to be conducted under Section | ||
24A-5 of this Code, then the teacher's performance evaluation | ||
rating for such school term for purposes of determining the | ||
attainment of contractual continued service shall be deemed | ||
"Proficient", except that, during any time in which the | ||
Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, this default to "Proficient" does not | ||
apply to any teacher who has entered into contractual | ||
continued service and who was deemed "Excellent" on his or her | ||
most recent evaluation. During any time in which the Governor | ||
has declared a disaster due to a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management |
Agency Act and unless the school board and any exclusive | ||
bargaining representative have completed the performance | ||
rating for teachers or mutually agreed to an alternate | ||
performance rating, any teacher who has entered into | ||
contractual continued service, whose most recent evaluation | ||
was deemed "Excellent", and whose performance evaluation is | ||
not conducted when the evaluation is required to be conducted | ||
shall receive a teacher's performance rating deemed | ||
"Excellent". A school board and any exclusive bargaining | ||
representative may mutually agree to an alternate performance | ||
rating for teachers not in contractual continued service | ||
during any time in which the Governor has declared a disaster | ||
due to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act, as long as the | ||
agreement is in writing. | ||
(d-5) For any teacher who is first employed as a full-time | ||
teacher in a school district or program on or after July 1, | ||
2023, the probationary period shall be one of the following | ||
periods, based upon the teacher's school terms of service and | ||
performance, before the teacher shall enter upon contractual | ||
continued service in the district or in all of the programs | ||
that the teacher is legally qualified to hold, unless the | ||
teacher is given written notice of dismissal by certified | ||
mail, return receipt requested, by the employing board on or | ||
before April 15: | ||
(1) 3 consecutive school terms of service in which the |
teacher holds a Professional Educator License and receives | ||
overall annual evaluation ratings of at least "Proficient" | ||
in the second and third school terms; | ||
(2) 2 consecutive school terms of service in which the | ||
teacher holds a Professional Educator License and receives | ||
2 overall annual evaluations of "Excellent"; or | ||
(3) 2 consecutive school terms of service in which the | ||
teacher holds a Professional Educator License and receives | ||
2 overall annual evaluations of "Excellent" service, but | ||
only if the teacher (i) previously attained contractual | ||
continued service in a different school district or | ||
program in this State, (ii) voluntarily departed or was | ||
honorably dismissed from that school district or program | ||
in the school term immediately prior to the teacher's | ||
first school term of service applicable to the attainment | ||
of contractual continued service under this subdivision | ||
(3), and (iii) received, in his or her 2 most recent | ||
overall annual or biennial evaluations from the prior | ||
school district or program, ratings of at least | ||
"Proficient", with both such ratings occurring after the | ||
school district's or program's PERA implementation date. | ||
For a teacher to attain contractual continued service | ||
under this subdivision (3), the teacher shall provide | ||
official copies of his or her 2 most recent overall annual | ||
or biennial evaluations from the prior school district or | ||
program to the new school district or program within 60 |
days from the teacher's first day of service with the new | ||
school district or program. The prior school district or | ||
program must provide the teacher with official copies of | ||
his or her 2 most recent overall annual or biennial | ||
evaluations within 14 days after the teacher's request. If | ||
a teacher has requested such official copies prior to 45 | ||
days after the teacher's first day of service with the new | ||
school district or program and the teacher's prior school | ||
district or program fails to provide the teacher with the | ||
official copies required under this subdivision (3), then | ||
the time period for the teacher to submit the official | ||
copies to his or her new school district or program must be | ||
extended until 14 days after receipt of such copies from | ||
the prior school district or program. If the prior school | ||
district or program fails to provide the teacher with the | ||
official copies required under this subdivision (3) within | ||
90 days from the teacher's first day of service with the | ||
new school district or program, then the new school | ||
district or program shall rely upon the teacher's own | ||
copies of his or her evaluations for purposes of this | ||
subdivision (3). | ||
If the teacher does not receive overall annual evaluations | ||
of "Excellent" in the school terms necessary for eligibility | ||
to achieve accelerated contractual continued service in | ||
subdivisions (2) and (3) of this subsection (d), the teacher | ||
shall be eligible for contractual continued service pursuant |
to subdivision (1) of this subsection (d). If, at the | ||
conclusion of 3 consecutive school terms of service that count | ||
toward attainment of contractual continued service, the | ||
teacher's performance does not qualify the teacher for | ||
contractual continued service under subdivision (1) of this | ||
subsection (d), then the teacher shall not enter upon | ||
contractual continued service and shall be dismissed. If a | ||
performance evaluation is not conducted for any school term | ||
when such evaluation is required to be conducted under Section | ||
24A-5 of this Code, then the teacher's performance evaluation | ||
rating for such school term for purposes of determining the | ||
attainment of contractual continued service shall be deemed | ||
"Proficient", except that, during any time in which the | ||
Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, this default to "Proficient" does not | ||
apply to any teacher who has entered into contractual | ||
continued service and who was deemed "Excellent" on his or her | ||
most recent evaluation. During any time in which the Governor | ||
has declared a disaster due to a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act and unless the school board and any exclusive | ||
bargaining representative have completed the performance | ||
rating for teachers or mutually agreed to an alternate | ||
performance rating, any teacher who has entered into | ||
contractual continued service, whose most recent evaluation |
was deemed "Excellent", and whose performance evaluation is | ||
not conducted when the evaluation is required to be conducted | ||
shall receive a teacher's performance rating deemed | ||
"Excellent". A school board and any exclusive bargaining | ||
representative may mutually agree to an alternate performance | ||
rating for teachers not in contractual continued service | ||
during any time in which the Governor has declared a disaster | ||
due to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act, as long as the | ||
agreement is in writing. | ||
(e) For the purposes of determining contractual continued | ||
service, a school term shall be counted only toward attainment | ||
of contractual continued service if the teacher actually | ||
teaches or is otherwise present and participating in the | ||
district's or program's educational program for 120 days or | ||
more, provided that the days of leave under the federal Family | ||
Medical Leave Act that the teacher is required to take until | ||
the end of the school term shall be considered days of teaching | ||
or participation in the district's or program's educational | ||
program. A school term that is not counted toward attainment | ||
of contractual continued service shall not be considered a | ||
break in service for purposes of determining whether a teacher | ||
has been employed for 4 consecutive school terms, provided | ||
that the teacher actually teaches or is otherwise present and | ||
participating in the district's or program's educational | ||
program in the following school term. |
(f) If the employing board determines to dismiss the | ||
teacher in the last year of the probationary period as | ||
provided in subsection (c) of this Section or subdivision (1) | ||
or (2) of subsection (d) of this Section or subdivision (1) or | ||
(2) of subsection (d-5) of this Section , but not subdivision | ||
(3) of subsection (d) of this Section or subdivision (3) of | ||
subsection (d-5) of this Section , the written notice of | ||
dismissal provided by the employing board must contain | ||
specific reasons for dismissal. Any full-time teacher who does | ||
not receive written notice from the employing board on or | ||
before April 15 at least 45 days before the end of any school | ||
term as provided in this Section and whose performance does | ||
not require dismissal after the fourth probationary year | ||
pursuant to subsection (d) of this Section or the third | ||
probationary year pursuant to subsection (d-5) of this Section | ||
shall be re-employed for the following school term.
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(g) Contractual continued service shall continue in effect | ||
the terms and
provisions of the contract with the teacher | ||
during the last school term
of the probationary period, | ||
subject to this Act and the lawful
regulations of the | ||
employing board. This Section and succeeding Sections
do not | ||
modify any existing power of the board except with respect to | ||
the
procedure of the discharge of a teacher and reductions in | ||
salary as
hereinafter provided. Contractual continued service | ||
status shall not
restrict the power of the board to transfer a | ||
teacher to a position
which the teacher is qualified to fill or |
to make such salary
adjustments as it deems desirable, but | ||
unless reductions in salary are
uniform or based upon some | ||
reasonable classification, any teacher whose
salary is reduced | ||
shall be entitled to a notice and a hearing as
hereinafter | ||
provided in the case of certain dismissals or removals.
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(h) If, by reason of any change in the boundaries of school | ||
districts, by reason of a special education cooperative | ||
reorganization or dissolution in accordance with Section | ||
10-22.31 of this Code, or by reason of the creation of a new | ||
school district, the position held by any teacher having a | ||
contractual continued service status is transferred from one | ||
board to the control of a new or different board, then the | ||
contractual continued service status of the teacher is not | ||
thereby lost, and such new or different board is subject to | ||
this Code with respect to the teacher in the same manner as if | ||
the teacher were its employee and had been its employee during | ||
the time the teacher was actually employed by the board from | ||
whose control the position was transferred. | ||
(i) The employment of any teacher in a program of a special | ||
education joint
agreement established under Section 3-15.14, | ||
10-22.31 or 10-22.31a shall be governed by
this and succeeding | ||
Sections of this Article. For purposes of
attaining and | ||
maintaining contractual continued service and computing
length | ||
of continuing service as referred to in this Section and | ||
Section
24-12, employment in a special educational joint | ||
program shall be deemed a
continuation of all previous |
licensed employment of such teacher for
such joint agreement | ||
whether the employer of the teacher was the joint
agreement, | ||
the regional superintendent, or one of the participating
| ||
districts in the joint agreement.
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(j) For any teacher employed after July 1, 1987 as a | ||
full-time teacher in a program of a special education joint | ||
agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of a reduction in the number of | ||
programs or positions in the joint agreement in which the | ||
notice of dismissal is provided on or before the end of the | ||
2010-2011 school term, the teacher in contractual continued | ||
service is eligible for employment in the joint agreement | ||
programs for which the teacher is legally qualified in order | ||
of greater length of continuing service in the joint | ||
agreement, unless an alternative method of determining the | ||
sequence of dismissal is established in a collective | ||
bargaining agreement. For any teacher employed after July 1, | ||
1987 as a full-time teacher in a program of a special education | ||
joint agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of a reduction in the number of | ||
programs or positions in the joint agreement in which the | ||
notice of dismissal is provided during the 2011-2012 school | ||
term or a subsequent school term, the teacher shall be | ||
included on the honorable dismissal lists of all joint |
agreement programs for positions for which the teacher is | ||
qualified and is eligible for employment in such programs in | ||
accordance with subsections (b) and (c) of Section 24-12 of | ||
this Code and the applicable honorable dismissal policies of | ||
the joint agreement. | ||
(k) For any teacher employed after July 1, 1987 as a | ||
full-time teacher in a program of a special education joint | ||
agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of the dissolution of a joint | ||
agreement, in which the notice to teachers of the dissolution | ||
is provided during the 2010-2011 school term, the teacher in | ||
contractual continued service who is legally qualified shall | ||
be assigned to any comparable position in a member district | ||
currently held by a teacher who has not entered upon | ||
contractual continued service or held by a teacher who has | ||
entered upon contractual continued service with a shorter | ||
length of contractual continued service. Any teacher employed | ||
after July 1, 1987 as a full-time teacher in a program of a | ||
special education joint agreement, whether the program is | ||
operated by the joint agreement or a member district on behalf | ||
of the joint agreement, in the event of the dissolution of a | ||
joint agreement in which the notice to teachers of the | ||
dissolution is provided during the 2011-2012 school term or a | ||
subsequent school term, the teacher who is qualified shall be | ||
included on the order of honorable dismissal lists of each |
member district and shall be assigned to any comparable | ||
position in any such district in accordance with subsections | ||
(b) and (c) of Section 24-12 of this Code and the applicable | ||
honorable dismissal policies of each member district.
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(l) The governing board of the joint agreement, or the | ||
administrative
district, if so authorized by the articles of | ||
agreement of the joint
agreement, rather than the board of | ||
education of a school district, may
carry out employment and | ||
termination actions including dismissals under
this Section | ||
and Section 24-12.
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(m) The employment of any teacher in a special education | ||
program
authorized by Section 14-1.01 through 14-14.01, or a | ||
joint educational
program established under Section 10-22.31a, | ||
shall be under this and the
succeeding Sections of this | ||
Article, and such employment shall be deemed
a continuation of | ||
the previous employment of such teacher in any of the
| ||
participating districts, regardless of the participation of | ||
other
districts in the program. | ||
(n) Any teacher employed as a full-time teacher in
a | ||
special education program prior to September 23, 1987 in which | ||
2 or
more school districts
participate for a probationary | ||
period of 2 consecutive years shall enter
upon contractual | ||
continued service in each of the participating
districts, | ||
subject to this and the succeeding Sections of this Article,
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and, notwithstanding Section 24-1.5 of this Code, in the event | ||
of the termination of the program shall be eligible for
any |
vacant position in any of such districts for which such | ||
teacher is
qualified.
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(Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22; | ||
102-854, eff. 5-13-22.)
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(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| ||
Sec. 24-12. Removal or dismissal of teachers in | ||
contractual
continued service. | ||
(a) This subsection (a) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided on or before the end of the 2010-2011 school term. If | ||
a teacher in contractual continued service is
removed or | ||
dismissed as a result of a decision of the board to decrease
| ||
the number of teachers employed by the board or to discontinue | ||
some
particular type of teaching service, written notice shall | ||
be mailed to the
teacher and also given the
teacher either by | ||
certified mail, return receipt requested or
personal delivery | ||
with receipt at least 60
days before
the end of the school | ||
term, together with a statement of honorable
dismissal and the | ||
reason therefor, and in all such cases the board shall
first | ||
remove or dismiss all teachers who have not entered upon | ||
contractual
continued service before removing or dismissing | ||
any teacher who has entered
upon contractual continued service | ||
and who is legally qualified to hold a
position currently held | ||
by a teacher who has not entered upon contractual
continued | ||
service. |
As between teachers who have entered upon contractual
| ||
continued service, the teacher or teachers with the shorter | ||
length of
continuing service with the district shall be | ||
dismissed first
unless an alternative method of determining | ||
the sequence of dismissal is
established in a collective | ||
bargaining agreement or contract between the
board and a | ||
professional faculty members' organization and except that
| ||
this provision shall not impair the operation of any | ||
affirmative action
program in the district, regardless of | ||
whether it exists by operation of
law or is conducted on a | ||
voluntary basis by the board. Any teacher
dismissed as a | ||
result of such decrease or discontinuance shall be paid
all | ||
earned compensation on or before the third business day | ||
following
the last day of pupil attendance in the regular | ||
school term. | ||
If the
board has any vacancies for the following school | ||
term or within one
calendar year from the beginning of the | ||
following school term, the
positions thereby becoming | ||
available shall be tendered to the teachers
so removed or | ||
dismissed so far as they are legally qualified to hold
such | ||
positions; provided, however, that if the number of honorable
| ||
dismissal notices based on economic necessity exceeds 15% of | ||
the number of full-time
equivalent positions filled by | ||
certified employees (excluding
principals and administrative | ||
personnel) during the preceding school year,
then if the board | ||
has any vacancies for the following school term or within
2 |
calendar years from the beginning of the following
school | ||
term, the positions so becoming available shall be tendered to | ||
the
teachers who were so notified and removed or dismissed | ||
whenever they are
legally qualified to hold such positions. | ||
Each board shall, in consultation
with any exclusive employee | ||
representatives, each year establish a list,
categorized by | ||
positions, showing the length of continuing service of each
| ||
teacher who is qualified to hold any such positions, unless an | ||
alternative
method of determining a sequence of dismissal is | ||
established as provided
for in this Section, in which case a | ||
list shall be made in accordance with
the alternative method. | ||
Copies of the list shall be distributed to the
exclusive | ||
employee representative on or before February 1 of each year.
| ||
Whenever the number of honorable dismissal notices based upon | ||
economic
necessity exceeds 5, or 150% of the average number of | ||
teachers honorably
dismissed in the preceding 3 years, | ||
whichever is more, then the board also
shall hold a public | ||
hearing on the question of the dismissals. Following
the | ||
hearing and board review, the action to approve any such | ||
reduction shall
require a majority vote of the board members.
| ||
(b) This subsection (b) applies only to honorable | ||
dismissals and recalls in which the notice of dismissal is | ||
provided during the 2011-2012 school term or a subsequent | ||
school term. If any teacher, whether or not in contractual | ||
continued service, is removed or dismissed as a result of a | ||
decision of a school board to decrease the number of teachers |
employed by the board, a decision of a school board to | ||
discontinue some particular type of teaching service, or a | ||
reduction in the number of programs or positions in a special | ||
education joint agreement, then written notice must be mailed | ||
to the teacher and also given to the teacher either by | ||
electronic mail, certified mail, return receipt requested, or | ||
personal delivery with receipt on or before April 15 at least | ||
45 days before the end of the school term , together with a | ||
statement of honorable dismissal and the reason therefor, and | ||
in all such cases the sequence of dismissal shall occur in | ||
accordance with this subsection (b); except that this | ||
subsection (b) shall not impair the operation of any | ||
affirmative action program in the school district, regardless | ||
of whether it exists by operation of law or is conducted on a | ||
voluntary basis by the board. | ||
Each teacher must be categorized into one or more | ||
positions for which the teacher is qualified to hold, based | ||
upon legal qualifications and any other qualifications | ||
established in a district or joint agreement job description, | ||
on or before the May 10 prior to the school year during which | ||
the sequence of dismissal is determined. Within each position | ||
and subject to agreements made by the joint committee on | ||
honorable dismissals that are authorized by subsection (c) of | ||
this Section, the school district or joint agreement must | ||
establish 4 groupings of teachers qualified to hold the | ||
position as follows: |
(1) Grouping one shall consist of each teacher who is | ||
not in contractual continued service and who (i) has not | ||
received a performance evaluation rating, (ii) is employed | ||
for one school term or less to replace a teacher on leave, | ||
or (iii) is employed on a part-time basis. "Part-time | ||
basis" for the purposes of this subsection (b) means a | ||
teacher who is employed to teach less than a full-day, | ||
teacher workload or less than 5 days of the normal student | ||
attendance week, unless otherwise provided for in a | ||
collective bargaining agreement between the district and | ||
the exclusive representative of the district's teachers. | ||
For the purposes of this Section, a teacher (A) who is | ||
employed as a full-time teacher but who actually teaches | ||
or is otherwise present and participating in the | ||
district's educational program for less than a school term | ||
or (B) who, in the immediately previous school term, was | ||
employed on a full-time basis and actually taught or was | ||
otherwise present and participated in the district's | ||
educational program for 120 days or more is not considered | ||
employed on a part-time basis. | ||
(2) Grouping 2 shall consist of each teacher with a | ||
Needs Improvement or Unsatisfactory performance evaluation | ||
rating on either of the teacher's last 2 performance | ||
evaluation ratings. | ||
(3) Grouping 3 shall consist of each teacher with a | ||
performance evaluation rating of at least Satisfactory or |
Proficient on both of the teacher's last 2 performance | ||
evaluation ratings, if 2 ratings are available, or on the | ||
teacher's last performance evaluation rating, if only one | ||
rating is available, unless the teacher qualifies for | ||
placement into grouping 4. | ||
(4) Grouping 4 shall consist of each teacher whose | ||
last 2 performance evaluation ratings are Excellent and | ||
each teacher with 2 Excellent performance evaluation | ||
ratings out of the teacher's last 3 performance evaluation | ||
ratings with a third rating of Satisfactory or Proficient. | ||
Among teachers qualified to hold a position, teachers must | ||
be dismissed in the order of their groupings, with teachers in | ||
grouping one dismissed first and teachers in grouping 4 | ||
dismissed last. | ||
Within grouping one, the sequence of dismissal must be at | ||
the discretion of the school district or joint agreement. | ||
Within grouping 2, the sequence of dismissal must be based | ||
upon average performance evaluation ratings, with the teacher | ||
or teachers with the lowest average performance evaluation | ||
rating dismissed first. A teacher's average performance | ||
evaluation rating must be calculated using the average of the | ||
teacher's last 2 performance evaluation ratings, if 2 ratings | ||
are available, or the teacher's last performance evaluation | ||
rating, if only one rating is available, using the following | ||
numerical values: 4 for Excellent; 3 for Proficient or | ||
Satisfactory; 2 for Needs Improvement; and 1 for |
Unsatisfactory. As between or among teachers in grouping 2 | ||
with the same average performance evaluation rating and within | ||
each of groupings 3 and 4, the teacher or teachers with the | ||
shorter length of continuing service with the school district | ||
or joint agreement must be dismissed first unless an | ||
alternative method of determining the sequence of dismissal is | ||
established in a collective bargaining agreement or contract | ||
between the board and a professional faculty members' | ||
organization. | ||
Each board, including the governing board of a joint | ||
agreement, shall, in consultation with any exclusive employee | ||
representatives, each year establish a sequence of honorable | ||
dismissal list categorized by positions and the groupings | ||
defined in this subsection (b). Copies of the list showing | ||
each teacher by name and categorized by positions and the | ||
groupings defined in this subsection (b) must be distributed | ||
to the exclusive bargaining representative at least 75 days | ||
before the end of the school term, provided that the school | ||
district or joint agreement may, with notice to any exclusive | ||
employee representatives, move teachers from grouping one into | ||
another grouping during the period of time from 75 days until | ||
April 15 45 days before the end of the school term . Each year, | ||
each board shall also establish, in consultation with any | ||
exclusive employee representatives, a list showing the length | ||
of continuing service of each teacher who is qualified to hold | ||
any such positions, unless an alternative method of |
determining a sequence of dismissal is established as provided | ||
for in this Section, in which case a list must be made in | ||
accordance with the alternative method. Copies of the list | ||
must be distributed to the exclusive employee representative | ||
at least 75 days before the end of the school term. | ||
Any teacher dismissed as a result of such decrease or | ||
discontinuance must be paid all earned compensation on or | ||
before the third business day following the last day of pupil | ||
attendance in the regular school term. | ||
If the board or joint agreement has any vacancies for the | ||
following school term or within one calendar year from the | ||
beginning of the following school term, the positions thereby | ||
becoming available must be tendered to the teachers so removed | ||
or dismissed who were in grouping 3 or 4 of the sequence of | ||
dismissal and are qualified to hold the positions, based upon | ||
legal qualifications and any other qualifications established | ||
in a district or joint agreement job description, on or before | ||
the May 10 prior to the date of the positions becoming | ||
available, provided that if the number of honorable dismissal | ||
notices based on economic necessity exceeds 15% of the number | ||
of full-time equivalent positions filled by certified | ||
employees (excluding principals and administrative personnel) | ||
during the preceding school year, then the recall period is | ||
for the following school term or within 2 calendar years from | ||
the beginning of the following school term. If the board or | ||
joint agreement has any vacancies within the period from the |
beginning of the following school term through February 1 of | ||
the following school term (unless a date later than February | ||
1, but no later than 6 months from the beginning of the | ||
following school term, is established in a collective | ||
bargaining agreement), the positions thereby becoming | ||
available must be tendered to the teachers so removed or | ||
dismissed who were in grouping 2 of the sequence of dismissal | ||
due to one "needs improvement" rating on either of the | ||
teacher's last 2 performance evaluation ratings, provided | ||
that, if 2 ratings are available, the other performance | ||
evaluation rating used for grouping purposes is | ||
"satisfactory", "proficient", or "excellent", and are | ||
qualified to hold the positions, based upon legal | ||
qualifications and any other qualifications established in a | ||
district or joint agreement job description, on or before the | ||
May 10 prior to the date of the positions becoming available. | ||
On and after July 1, 2014 (the effective date of Public Act | ||
98-648), the preceding sentence shall apply to teachers | ||
removed or dismissed by honorable dismissal, even if notice of | ||
honorable dismissal occurred during the 2013-2014 school year. | ||
Among teachers eligible for recall pursuant to the preceding | ||
sentence, the order of recall must be in inverse order of | ||
dismissal, unless an alternative order of recall is | ||
established in a collective bargaining agreement or contract | ||
between the board and a professional faculty members' | ||
organization. Whenever the number of honorable dismissal |
notices based upon economic necessity exceeds 5 notices or | ||
150% of the average number of teachers honorably dismissed in | ||
the preceding 3 years, whichever is more, then the school | ||
board or governing board of a joint agreement, as applicable, | ||
shall also hold a public hearing on the question of the | ||
dismissals. Following the hearing and board review, the action | ||
to approve any such reduction shall require a majority vote of | ||
the board members. | ||
For purposes of this subsection (b), subject to agreement | ||
on an alternative definition reached by the joint committee | ||
described in subsection (c) of this Section, a teacher's | ||
performance evaluation rating means the overall performance | ||
evaluation rating resulting from an annual or biennial | ||
performance evaluation conducted pursuant to Article 24A of | ||
this Code by the school district or joint agreement | ||
determining the sequence of dismissal, not including any | ||
performance evaluation conducted during or at the end of a | ||
remediation period. No more than one evaluation rating each | ||
school term shall be one of the evaluation ratings used for the | ||
purpose of determining the sequence of dismissal. Except as | ||
otherwise provided in this subsection for any performance | ||
evaluations conducted during or at the end of a remediation | ||
period, if multiple performance evaluations are conducted in a | ||
school term, only the rating from the last evaluation | ||
conducted prior to establishing the sequence of honorable | ||
dismissal list in such school term shall be the one evaluation |
rating from that school term used for the purpose of | ||
determining the sequence of dismissal. Averaging ratings from | ||
multiple evaluations is not permitted unless otherwise agreed | ||
to in a collective bargaining agreement or contract between | ||
the board and a professional faculty members' organization. | ||
The preceding 3 sentences are not a legislative declaration | ||
that existing law does or does not already require that only | ||
one performance evaluation each school term shall be used for | ||
the purpose of determining the sequence of dismissal. For | ||
performance evaluation ratings determined prior to September | ||
1, 2012, any school district or joint agreement with a | ||
performance evaluation rating system that does not use either | ||
of the rating category systems specified in subsection (d) of | ||
Section 24A-5 of this Code for all teachers must establish a | ||
basis for assigning each teacher a rating that complies with | ||
subsection (d) of Section 24A-5 of this Code for all of the | ||
performance evaluation ratings that are to be used to | ||
determine the sequence of dismissal. A teacher's grouping and | ||
ranking on a sequence of honorable dismissal shall be deemed a | ||
part of the teacher's performance evaluation, and that | ||
information shall be disclosed to the exclusive bargaining | ||
representative as part of a sequence of honorable dismissal | ||
list, notwithstanding any laws prohibiting disclosure of such | ||
information. A performance evaluation rating may be used to | ||
determine the sequence of dismissal, notwithstanding the | ||
pendency of any grievance resolution or arbitration procedures |
relating to the performance evaluation. If a teacher has | ||
received at least one performance evaluation rating conducted | ||
by the school district or joint agreement determining the | ||
sequence of dismissal and a subsequent performance evaluation | ||
is not conducted in any school year in which such evaluation is | ||
required to be conducted under Section 24A-5 of this Code, the | ||
teacher's performance evaluation rating for that school year | ||
for purposes of determining the sequence of dismissal is | ||
deemed Proficient, except that, during any time in which the | ||
Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, this default to Proficient does not | ||
apply to any teacher who has entered into contractual | ||
continued service and who was deemed Excellent on his or her | ||
most recent evaluation. During any time in which the Governor | ||
has declared a disaster due to a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act and unless the school board and any exclusive | ||
bargaining representative have completed the performance | ||
rating for teachers or have mutually agreed to an alternate | ||
performance rating, any teacher who has entered into | ||
contractual continued service, whose most recent evaluation | ||
was deemed Excellent, and whose performance evaluation is not | ||
conducted when the evaluation is required to be conducted | ||
shall receive a teacher's performance rating deemed Excellent. | ||
A school board and any exclusive bargaining representative may |
mutually agree to an alternate performance rating for teachers | ||
not in contractual continued service during any time in which | ||
the Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, as long as the agreement is in writing. | ||
If a performance evaluation rating is nullified as the result | ||
of an arbitration, administrative agency, or court | ||
determination, then the school district or joint agreement is | ||
deemed to have conducted a performance evaluation for that | ||
school year, but the performance evaluation rating may not be | ||
used in determining the sequence of dismissal. | ||
Nothing in this subsection (b) shall be construed as | ||
limiting the right of a school board or governing board of a | ||
joint agreement to dismiss a teacher not in contractual | ||
continued service in accordance with Section 24-11 of this | ||
Code. | ||
Any provisions regarding the sequence of honorable | ||
dismissals and recall of honorably dismissed teachers in a | ||
collective bargaining agreement entered into on or before | ||
January 1, 2011 and in effect on June 13, 2011 (the effective | ||
date of Public Act 97-8) that may conflict with Public Act 97-8 | ||
shall remain in effect through the expiration of such | ||
agreement or June 30, 2013, whichever is earlier. | ||
(c) Each school district and special education joint | ||
agreement must use a joint committee composed of equal | ||
representation selected by the school board and its teachers |
or, if applicable, the exclusive bargaining representative of | ||
its teachers, to address the matters described in paragraphs | ||
(1) through (5) of this subsection (c) pertaining to honorable | ||
dismissals under subsection (b) of this Section. | ||
(1) The joint committee must consider and may agree to | ||
criteria for excluding from grouping 2 and placing into | ||
grouping 3 a teacher whose last 2 performance evaluations | ||
include a Needs Improvement and either a Proficient or | ||
Excellent. | ||
(2) The joint committee must consider and may agree to | ||
an alternative definition for grouping 4, which definition | ||
must take into account prior performance evaluation | ||
ratings and may take into account other factors that | ||
relate to the school district's or program's educational | ||
objectives. An alternative definition for grouping 4 may | ||
not permit the inclusion of a teacher in the grouping with | ||
a Needs Improvement or Unsatisfactory performance | ||
evaluation rating on either of the teacher's last 2 | ||
performance evaluation ratings. | ||
(3) The joint committee may agree to including within | ||
the definition of a performance evaluation rating a | ||
performance evaluation rating administered by a school | ||
district or joint agreement other than the school district | ||
or joint agreement determining the sequence of dismissal. | ||
(4) For each school district or joint agreement that | ||
administers performance evaluation ratings that are |
inconsistent with either of the rating category systems | ||
specified in subsection (d) of Section 24A-5 of this Code, | ||
the school district or joint agreement must consult with | ||
the joint committee on the basis for assigning a rating | ||
that complies with subsection (d) of Section 24A-5 of this | ||
Code to each performance evaluation rating that will be | ||
used in a sequence of dismissal. | ||
(5) Upon request by a joint committee member submitted | ||
to the employing board by no later than 10 days after the | ||
distribution of the sequence of honorable dismissal list, | ||
a representative of the employing board shall, within 5 | ||
days after the request, provide to members of the joint | ||
committee a list showing the most recent and prior | ||
performance evaluation ratings of each teacher identified | ||
only by length of continuing service in the district or | ||
joint agreement and not by name. If, after review of this | ||
list, a member of the joint committee has a good faith | ||
belief that a disproportionate number of teachers with | ||
greater length of continuing service with the district or | ||
joint agreement have received a recent performance | ||
evaluation rating lower than the prior rating, the member | ||
may request that the joint committee review the list to | ||
assess whether such a trend may exist. Following the joint | ||
committee's review, but by no later than the end of the | ||
applicable school term, the joint committee or any member | ||
or members of the joint committee may submit a report of |
the review to the employing board and exclusive bargaining | ||
representative, if any. Nothing in this paragraph (5) | ||
shall impact the order of honorable dismissal or a school | ||
district's or joint agreement's authority to carry out a | ||
dismissal in accordance with subsection (b) of this | ||
Section. | ||
Agreement by the joint committee as to a matter requires | ||
the majority vote of all committee members, and if the joint | ||
committee does not reach agreement on a matter, then the | ||
otherwise applicable requirements of subsection (b) of this | ||
Section shall apply. Except as explicitly set forth in this | ||
subsection (c), a joint committee has no authority to agree to | ||
any further modifications to the requirements for honorable | ||
dismissals set forth in subsection (b) of this Section.
The | ||
joint committee must be established, and the first meeting of | ||
the joint committee each school year must occur on or before | ||
December 1. | ||
The joint committee must reach agreement on a matter on or | ||
before February 1 of a school year in order for the agreement | ||
of the joint committee to apply to the sequence of dismissal | ||
determined during that school year. Subject to the February 1 | ||
deadline for agreements, the agreement of a joint committee on | ||
a matter shall apply to the sequence of dismissal until the | ||
agreement is amended or terminated by the joint committee. | ||
The provisions of the Open Meetings Act shall not apply to | ||
meetings of a joint committee created under this subsection |
(c). | ||
(d) Notwithstanding anything to the contrary in this | ||
subsection (d), the requirements and dismissal procedures of | ||
Section 24-16.5 of this Code shall apply to any dismissal | ||
sought under Section 24-16.5 of this Code. | ||
(1) If a dismissal of a teacher in contractual | ||
continued service is sought for any reason or cause other | ||
than an honorable dismissal under subsections (a) or (b) | ||
of this Section or a dismissal sought under Section | ||
24-16.5 of this Code,
including those under Section | ||
10-22.4, the board must first approve a
motion containing | ||
specific charges by a majority vote of all its
members. | ||
Written notice of such charges, including a bill of | ||
particulars and the teacher's right to request a hearing, | ||
must be mailed to the teacher and also given to the teacher | ||
either by electronic mail, certified mail, return receipt | ||
requested, or personal delivery with receipt
within 5 days | ||
of the adoption of the motion. Any written notice sent on | ||
or after July 1, 2012 shall inform the teacher of the right | ||
to request a hearing before a mutually selected hearing | ||
officer, with the cost of the hearing officer split | ||
equally between the teacher and the board, or a hearing | ||
before a board-selected hearing officer, with the cost of | ||
the hearing officer paid by the board. | ||
Before setting a hearing on charges stemming from | ||
causes that are considered remediable, a board must give |
the teacher reasonable warning in writing, stating | ||
specifically the causes that, if not removed, may result | ||
in charges; however, no such written warning is required | ||
if the causes have been the subject of a remediation plan | ||
pursuant to Article 24A of this Code. | ||
If, in the opinion of the board, the interests of the | ||
school require it, the board may suspend the teacher | ||
without pay, pending the hearing, but if the board's | ||
dismissal or removal is not sustained, the teacher shall | ||
not suffer the loss of any salary or benefits by reason of | ||
the suspension. | ||
(2) No hearing upon the charges is required unless the
| ||
teacher within 17 days after receiving notice requests in | ||
writing of the
board that a hearing be scheduled before a | ||
mutually selected hearing officer or a hearing officer | ||
selected by the board.
The secretary of the school board | ||
shall forward a copy of the notice to the
State Board of | ||
Education. | ||
(3) Within 5 business days after receiving a notice of
| ||
hearing in which either notice to the teacher was sent | ||
before July 1, 2012 or, if the notice was sent on or after | ||
July 1, 2012, the teacher has requested a hearing before a | ||
mutually selected hearing officer, the State Board of | ||
Education shall provide a list of 5
prospective, impartial | ||
hearing officers from the master list of qualified, | ||
impartial hearing officers maintained by the State Board |
of Education. Each person on the master list must (i) be
| ||
accredited by a national arbitration organization and have | ||
had a minimum of 5
years of experience directly related to | ||
labor and employment
relations matters between employers | ||
and employees or
their exclusive bargaining | ||
representatives and (ii) beginning September 1, 2012, have | ||
participated in training provided or approved by the State | ||
Board of Education for teacher dismissal hearing officers | ||
so that he or she is familiar with issues generally | ||
involved in evaluative and non-evaluative dismissals. | ||
If notice to the teacher was sent before July 1, 2012 | ||
or, if the notice was sent on or after July 1, 2012, the | ||
teacher has requested a hearing before a mutually selected | ||
hearing officer, the board and the teacher or their
legal | ||
representatives within 3 business days shall alternately | ||
strike one name from
the list provided by the State Board | ||
of Education until only one name remains. Unless waived by | ||
the teacher, the
teacher shall have the right to
proceed | ||
first with the striking.
Within 3 business days of receipt | ||
of the list provided by the State Board of
Education, the | ||
board and the teacher or their legal representatives shall | ||
each
have the right to reject all prospective hearing | ||
officers named on the
list and notify the State Board of | ||
Education of such rejection. Within 3 business days after | ||
receiving this notification, the State
Board of Education | ||
shall appoint a qualified person from the master list who |
did not appear on the list sent to the parties to serve as | ||
the hearing officer, unless the parties notify it that | ||
they have chosen to alternatively select a hearing officer | ||
under paragraph (4) of this subsection (d). | ||
If the teacher has requested a hearing before a | ||
hearing officer selected by the board, the board shall | ||
select one name from the master list of qualified | ||
impartial hearing officers maintained by the State Board | ||
of Education within 3 business days after receipt and | ||
shall notify the State Board of Education of its | ||
selection. | ||
A hearing officer mutually selected by the parties, | ||
selected by the board, or selected through an alternative | ||
selection process under paragraph (4) of this subsection | ||
(d) (A) must not be a resident of the school district, (B) | ||
must be available to commence the hearing within 75 days | ||
and conclude the hearing within 120 days after being | ||
selected as the hearing officer, and (C) must issue a | ||
decision as to whether the teacher must be dismissed and | ||
give a copy of that decision to both the teacher and the | ||
board within 30 days from the conclusion of the hearing or | ||
closure of the record, whichever is later. | ||
Any hearing convened during a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act may be convened remotely. Any hearing officer | ||
for a hearing convened during a public health emergency |
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act may voluntarily withdraw from the hearing and | ||
another hearing officer shall be selected or appointed | ||
pursuant to this Section. | ||
In this paragraph, "pre-hearing procedures" refers to | ||
the pre-hearing procedures under Section 51.55 of Title 23 | ||
of the Illinois Administrative Code and "hearing" refers | ||
to the hearing under Section 51.60 of Title 23 of the | ||
Illinois Administrative Code. Any teacher who has been | ||
charged with engaging in acts of corporal punishment, | ||
physical abuse, grooming, or sexual misconduct and who | ||
previously paused pre-hearing procedures or a hearing | ||
pursuant to Public Act 101-643 must proceed with selection | ||
of a hearing officer or hearing date, or both, within the | ||
timeframes established by this paragraph (3) and | ||
paragraphs (4) through (6) of this subsection (d), unless | ||
the timeframes are mutually waived in writing by both | ||
parties, and all timelines set forth in this Section in | ||
cases concerning corporal punishment, physical abuse, | ||
grooming, or sexual misconduct shall be reset to begin the | ||
day after the effective date of this amendatory Act of the | ||
102nd General Assembly. Any teacher charged with engaging | ||
in acts of corporal punishment, physical abuse, grooming, | ||
or sexual misconduct on or after the effective date of | ||
this amendatory Act of the 102nd General Assembly may not | ||
pause pre-hearing procedures or a hearing. |
(4) In the alternative
to selecting a hearing officer | ||
from the list received from the
State Board of Education | ||
or accepting the appointment of a hearing officer by the | ||
State Board of Education or if the State Board of | ||
Education cannot provide a list or appoint a hearing | ||
officer that meets the foregoing requirements, the board | ||
and the teacher or their legal
representatives may | ||
mutually agree to select an impartial hearing officer who
| ||
is not on the master list either by direct
appointment by | ||
the parties or by using procedures for the appointment of | ||
an
arbitrator established by the Federal Mediation and | ||
Conciliation Service or the
American Arbitration | ||
Association. The parties shall notify the State Board of
| ||
Education of their intent to select a hearing officer | ||
using an alternative
procedure within 3 business days of | ||
receipt of a list of prospective hearing officers
provided | ||
by the State Board of Education, notice of appointment of | ||
a hearing officer by the State Board of Education, or | ||
receipt of notice from the State Board of Education that | ||
it cannot provide a list that meets the foregoing | ||
requirements, whichever is later. | ||
(5) If the notice of dismissal was sent to the teacher | ||
before July 1, 2012, the fees and costs for the hearing | ||
officer must be paid by the State Board of Education. If | ||
the notice of dismissal was sent to the teacher on or after | ||
July 1, 2012, the hearing officer's fees and costs must be |
paid as follows in this paragraph (5). The fees and | ||
permissible costs for the hearing officer must be | ||
determined by the State Board of Education. If the board | ||
and the teacher or their legal representatives mutually | ||
agree to select an impartial hearing officer who is not on | ||
a list received from the State Board of Education, they | ||
may agree to supplement the fees determined by the State | ||
Board to the hearing officer, at a rate consistent with | ||
the hearing officer's published professional fees. If the | ||
hearing officer is mutually selected by the parties, then | ||
the board and the teacher or their legal representatives | ||
shall each pay 50% of the fees and costs and any | ||
supplemental allowance to which they agree. If the hearing | ||
officer is selected by the board, then the board shall pay | ||
100% of the hearing officer's fees and costs. The fees and | ||
costs must be paid to the hearing officer within 14 days | ||
after the board and the teacher or their legal | ||
representatives receive the hearing officer's decision set | ||
forth in paragraph (7) of this subsection (d). | ||
(6) The teacher is required to answer the bill of | ||
particulars and aver affirmative matters in his or her | ||
defense, and the time for initially doing so and the time | ||
for updating such answer and defenses after pre-hearing | ||
discovery must be set by the hearing officer.
The State | ||
Board of Education shall
promulgate rules so that each | ||
party has a fair opportunity to present its case and to |
ensure that the dismissal process proceeds in a fair and | ||
expeditious manner. These rules shall address, without | ||
limitation, discovery and hearing scheduling conferences; | ||
the teacher's initial answer and affirmative defenses to | ||
the bill of particulars and the updating of that | ||
information after pre-hearing discovery; provision for | ||
written interrogatories and requests for production of | ||
documents; the requirement that each party initially | ||
disclose to the other party and then update the disclosure | ||
no later than 10 calendar days prior to the commencement | ||
of the hearing, the names and addresses of persons who may | ||
be called as
witnesses at the hearing, a summary of the | ||
facts or opinions each witness will testify to, and all | ||
other
documents and materials, including information | ||
maintained electronically, relevant to its own as well as | ||
the other party's case (the hearing officer may exclude | ||
witnesses and exhibits not identified and shared, except | ||
those offered in rebuttal for which the party could not | ||
reasonably have anticipated prior to the hearing); | ||
pre-hearing discovery and preparation, including provision | ||
for written interrogatories and requests for production of | ||
documents, provided that discovery depositions are | ||
prohibited; the conduct of the hearing; the right of each | ||
party to be represented by counsel, the offer of evidence | ||
and witnesses and the cross-examination of witnesses; the | ||
authority of the hearing officer to issue subpoenas and |
subpoenas duces tecum, provided that the hearing officer | ||
may limit the number of witnesses to be subpoenaed on | ||
behalf of each party to no more than 7; the length of | ||
post-hearing briefs; and the form, length, and content of | ||
hearing officers' decisions. The hearing officer
shall | ||
hold a hearing and render a final decision for dismissal | ||
pursuant to Article 24A of this Code or shall report to the | ||
school board findings of fact and a recommendation as to | ||
whether or not the teacher must be dismissed for conduct. | ||
The hearing officer shall commence the hearing within 75 | ||
days and conclude the hearing within 120 days after being | ||
selected as the hearing officer, provided that the hearing | ||
officer may modify these timelines upon the showing of | ||
good cause or mutual agreement of the parties. Good cause | ||
for the purpose of this subsection (d) shall mean the | ||
illness or otherwise unavoidable emergency of the teacher, | ||
district representative, their legal representatives, the | ||
hearing officer, or an essential witness as indicated in | ||
each party's pre-hearing submission. In a dismissal | ||
hearing pursuant to Article 24A of this Code in which a | ||
witness is a student or is under the age of 18, the hearing | ||
officer must make accommodations for the witness, as | ||
provided under paragraph (6.5) of this subsection. The | ||
hearing officer shall consider and give weight to all of | ||
the teacher's evaluations written pursuant to Article 24A | ||
that are relevant to the issues in the hearing. |
Each party shall have no more than 3 days to present | ||
its case, unless extended by the hearing officer to enable | ||
a party to present adequate evidence and testimony, | ||
including due to the other party's cross-examination of | ||
the party's witnesses, for good cause or by mutual | ||
agreement of the parties. The State Board of Education | ||
shall define in rules the meaning of "day" for such | ||
purposes. All testimony at the hearing shall be taken | ||
under oath
administered by the hearing officer. The | ||
hearing officer shall cause a
record of the proceedings to | ||
be kept and shall employ a competent reporter
to take | ||
stenographic or stenotype notes of all the testimony. The | ||
costs of
the reporter's attendance and services at the | ||
hearing shall be paid by the party or parties who are | ||
responsible for paying the fees and costs of the hearing | ||
officer. Either party desiring a transcript of the hearing
| ||
shall pay for the cost thereof. Any post-hearing briefs | ||
must be submitted by the parties by no later than 21 days | ||
after a party's receipt of the transcript of the hearing, | ||
unless extended by the hearing officer for good cause or | ||
by mutual agreement of the parties. | ||
(6.5) In the case of charges involving sexual abuse or | ||
severe physical abuse of a student or a person under the | ||
age of 18, the hearing officer shall make alternative | ||
hearing procedures to protect a witness who is a student | ||
or who is under the age of 18 from being intimidated or |
traumatized. Alternative hearing procedures may include, | ||
but are not limited to: (i) testimony made via a | ||
telecommunication device in a location other than the | ||
hearing room and outside the physical presence of the | ||
teacher and other hearing participants, (ii) testimony | ||
outside the physical presence of the teacher, or (iii) | ||
non-public testimony. During a testimony described under | ||
this subsection, each party must be permitted to ask a | ||
witness who is a student or who is under 18 years of age | ||
all relevant questions and follow-up questions. All | ||
questions must exclude evidence of the witness' sexual | ||
behavior or predisposition, unless the evidence is offered | ||
to prove that someone other than the teacher subject to | ||
the dismissal hearing engaged in the charge at issue. | ||
(7) The hearing officer shall, within 30 days from the | ||
conclusion of the
hearing or closure of the record, | ||
whichever is later,
make a decision as to whether or not | ||
the teacher shall be dismissed pursuant to Article 24A of | ||
this Code or report to the school board findings of fact | ||
and a recommendation as to whether or not the teacher | ||
shall be dismissed for cause and
shall give a copy of the | ||
decision or findings of fact and recommendation to both | ||
the teacher and the school
board.
If a hearing officer | ||
fails
without good cause, specifically provided in writing | ||
to both parties and the State Board of Education, to | ||
render a decision or findings of fact and recommendation |
within 30 days after the hearing is
concluded or the
| ||
record is closed, whichever is later,
the
parties may | ||
mutually agree to select a hearing officer pursuant to the
| ||
alternative
procedure, as provided in this Section,
to | ||
rehear the charges heard by the hearing officer who failed | ||
to render a
decision or findings of fact and | ||
recommendation or to review the record and render a | ||
decision.
If any hearing
officer fails without good cause, | ||
specifically provided in writing to both parties and the | ||
State Board of Education, to render a decision or findings | ||
of fact and recommendation within 30 days after the
| ||
hearing is concluded or the record is closed, whichever is | ||
later, the hearing
officer shall be removed
from the | ||
master
list of hearing officers maintained by the State | ||
Board of Education for not more than 24 months. The | ||
parties and the State Board of Education may also take | ||
such other actions as it deems appropriate, including | ||
recovering, reducing, or withholding any fees paid or to | ||
be paid to the hearing officer. If any hearing officer | ||
repeats such failure, he or she must be permanently | ||
removed from the master list maintained by the State Board | ||
of Education and may not be selected by parties through | ||
the alternative selection process under this paragraph (7) | ||
or paragraph (4) of this subsection (d).
The board shall | ||
not lose jurisdiction to discharge a teacher if the | ||
hearing
officer fails to render a decision or findings of |
fact and recommendation within the time specified in this
| ||
Section. If the decision of the hearing officer for | ||
dismissal pursuant to Article 24A of this Code or of the | ||
school board for dismissal for cause is in favor of the | ||
teacher, then the hearing officer or school board shall | ||
order reinstatement to the same or substantially | ||
equivalent position and shall determine the amount for | ||
which the school board is liable, including, but not | ||
limited to, loss of income and benefits. | ||
(8) The school board, within 45 days after receipt of | ||
the hearing officer's findings of fact and recommendation | ||
as to whether (i) the conduct at issue occurred, (ii) the | ||
conduct that did occur was remediable, and (iii) the | ||
proposed dismissal should be sustained, shall issue a | ||
written order as to whether the teacher must be retained | ||
or dismissed for cause from its employ. The school board's | ||
written order shall incorporate the hearing officer's | ||
findings of fact, except that the school board may modify | ||
or supplement the findings of fact if, in its opinion, the | ||
findings of fact are against the manifest weight of the | ||
evidence. | ||
If the school board dismisses the teacher | ||
notwithstanding the hearing officer's findings of fact and | ||
recommendation, the school board shall make a conclusion | ||
in its written order, giving its reasons therefor, and | ||
such conclusion and reasons must be included in its |
written order. The failure of the school board to strictly | ||
adhere to the timelines contained in this Section shall | ||
not render it without jurisdiction to dismiss the teacher. | ||
The school board shall not lose jurisdiction to discharge | ||
the teacher for cause if the hearing officer fails to | ||
render a recommendation within the time specified in this | ||
Section. The decision of the school board is final, unless | ||
reviewed as provided in paragraph (9) of this subsection | ||
(d). | ||
If the school board retains the teacher, the school | ||
board shall enter a written order stating the amount of | ||
back pay and lost benefits, less mitigation, to be paid to | ||
the teacher, within 45 days after its retention order. | ||
Should the teacher object to the amount of the back pay and | ||
lost benefits or amount mitigated, the teacher shall give | ||
written objections to the amount within 21 days. If the | ||
parties fail to reach resolution within 7 days, the | ||
dispute shall be referred to the hearing officer, who | ||
shall consider the school board's written order and | ||
teacher's written objection and determine the amount to | ||
which the school board is liable. The costs of the hearing | ||
officer's review and determination must be paid by the | ||
board. | ||
(9)
The decision of the hearing officer pursuant to | ||
Article 24A of this Code or of the school board's decision | ||
to dismiss for cause is final unless reviewed as
provided |
in Section 24-16 of this Code. If the school board's | ||
decision to dismiss for cause is contrary to the hearing | ||
officer's recommendation, the court on review shall give | ||
consideration to the school board's decision and its | ||
supplemental findings of fact, if applicable, and the | ||
hearing officer's findings of fact and recommendation in | ||
making its decision. In the event such review is
| ||
instituted, the school board shall be responsible for | ||
preparing and filing the record of proceedings, and such | ||
costs associated therewith must be divided equally between | ||
the parties.
| ||
(10) If a decision of the hearing officer for | ||
dismissal pursuant to Article 24A of this Code or of the | ||
school board for dismissal for cause is adjudicated upon | ||
review or
appeal in favor of the teacher, then the trial | ||
court shall order
reinstatement and shall remand the | ||
matter to the school board with direction for entry of an | ||
order setting the amount of back pay, lost benefits, and | ||
costs, less mitigation. The teacher may challenge the | ||
school board's order setting the amount of back pay, lost | ||
benefits, and costs, less mitigation, through an expedited | ||
arbitration procedure, with the costs of the arbitrator | ||
borne by the school board.
| ||
Any teacher who is reinstated by any hearing or | ||
adjudication brought
under this Section shall be assigned | ||
by the board to a position
substantially similar to the |
one which that teacher held prior to that
teacher's | ||
suspension or dismissal.
| ||
(11) Subject to any later effective date referenced in | ||
this Section for a specific aspect of the dismissal | ||
process, the changes made by Public Act 97-8 shall apply | ||
to dismissals instituted on or after September 1, 2011. | ||
Any dismissal instituted prior to September 1, 2011 must | ||
be carried out in accordance with the requirements of this | ||
Section prior to amendment by Public Act 97-8.
| ||
(e) Nothing contained in Public Act 98-648 repeals, | ||
supersedes, invalidates, or nullifies final decisions in | ||
lawsuits pending on July 1, 2014 (the effective date of Public | ||
Act 98-648) in Illinois courts involving the interpretation of | ||
Public Act 97-8. | ||
(Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
| ||
(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
| ||
Sec. 34-84. Appointments and promotions of teachers. | ||
Appointments and
promotions of teachers shall be made for | ||
merit
only, and after satisfactory service for a probationary | ||
period of 3 years
with respect to probationary employees | ||
employed as full-time teachers in the
public school system of | ||
the district before January 1, 1998 or on or after July 1, 2023 | ||
and 4 years with
respect to probationary employees who are | ||
first employed as full-time teachers
in the public school |
system of the district on or after January 1, 1998 but before | ||
July 1, 2023 ,
during which period the board may dismiss or | ||
discharge any
such probationary employee upon the | ||
recommendation, accompanied by the
written reasons therefor, | ||
of the general superintendent of schools and after which | ||
period
appointments of teachers shall become permanent, | ||
subject to removal for cause
in the manner provided by Section | ||
34-85.
| ||
For a probationary-appointed teacher in full-time service | ||
who is appointed on or after July 1, 2013 and who receives | ||
ratings of "excellent" during his or her first 3 school terms | ||
of full-time service, the probationary period shall be 3 | ||
school terms of full-time service.
For a | ||
probationary-appointed teacher in full-time service who is | ||
appointed on or after July 1, 2013 and who had previously | ||
entered into contractual continued service in another school | ||
district in this State or a program of a special education | ||
joint agreement in this State, as defined in Section 24-11 of | ||
this Code, the probationary period shall be 2 school terms of | ||
full-time service, provided that (i) the teacher voluntarily | ||
resigned or was honorably dismissed from the prior district or | ||
program within the 3-month period preceding his or her | ||
appointment date, (ii) the teacher's last 2 ratings in the | ||
prior district or program were at least "proficient" and were | ||
issued after the prior district's or program's PERA | ||
implementation date, as defined in Section 24-11 of this Code, |
and (iii) the teacher receives ratings of "excellent" during | ||
his or her first 2 school terms of full-time service. | ||
For a probationary-appointed teacher in full-time service | ||
who is appointed on or after July 1, 2013 and who has not | ||
entered into contractual continued service after 2 or 3 school | ||
terms of full-time service as provided in this Section, the | ||
probationary period shall be 3 4 school terms of full-time | ||
service, provided that the teacher holds a Professional | ||
Educator License and receives a rating of at least | ||
"proficient" in the last school term and a rating of at least | ||
"proficient" in either the second or third school term. | ||
As used in this Section, "school term" means the school | ||
term established by the board pursuant to Section 10-19 of | ||
this Code, and "full-time service" means the teacher has | ||
actually worked at least 150 days during the school term. As | ||
used in this Article, "teachers" means and includes all | ||
members of
the teaching force excluding the general | ||
superintendent and principals. | ||
There shall be no reduction in teachers because of a | ||
decrease in
student membership or a change in subject | ||
requirements within the
attendance center organization after | ||
the 20th day following the first day
of the school year, except | ||
that: (1) this provision shall not apply to
desegregation | ||
positions, special education positions, or any other positions
| ||
funded by State or federal categorical funds, and (2) at | ||
attendance centers
maintaining any of grades 9 through 12, |
there may be a second reduction in
teachers on the first day of | ||
the second semester of the regular school
term because of a | ||
decrease in student membership or a change in subject
| ||
requirements within the attendance center organization.
| ||
The school principal shall make the decision
in selecting | ||
teachers to fill new and vacant positions consistent with
| ||
Section 34-8.1.
| ||
(Source: P.A. 97-8, eff. 6-13-11.)
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2023.
|