Bill Amendment: IL SB1872 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-TEACHER TENURE/3 YEARS
Status: 2023-05-19 - Passed Both Houses [SB1872 Detail]
Download: Illinois-2023-SB1872-Senate_Amendment_001.html
Bill Title: SCH CD-TEACHER TENURE/3 YEARS
Status: 2023-05-19 - Passed Both Houses [SB1872 Detail]
Download: Illinois-2023-SB1872-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 1872
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2 | AMENDMENT NO. ______. Amend Senate Bill 1872 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing | ||||||
5 | Sections 24-11, 24-12, and 34-84 as follows:
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6 | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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7 | Sec. 24-11. Boards of Education - Boards of School | ||||||
8 | Inspectors -
Contractual continued service. | ||||||
9 | (a) As used in this and the succeeding
Sections of this | ||||||
10 | Article:
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11 | "Teacher" means any or all school district employees | ||||||
12 | regularly required to be licensed
under laws relating to the | ||||||
13 | licensure of teachers.
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14 | "Board" means board of directors, board of education, or | ||||||
15 | board of school
inspectors, as the case may be.
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16 | "School term" means that portion of the school year, July |
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1 | 1 to the following
June 30, when school is in actual session.
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2 | "Program" means a program of a special education joint | ||||||
3 | agreement. | ||||||
4 | "Program of a special education joint agreement" means | ||||||
5 | instructional, consultative, supervisory, administrative, | ||||||
6 | diagnostic, and related services that are managed by a special | ||||||
7 | educational joint agreement designed to service 2 or more | ||||||
8 | school districts that are members of the joint agreement. | ||||||
9 | "PERA implementation date" means the implementation date | ||||||
10 | of an evaluation system for teachers as specified by Section | ||||||
11 | 24A-2.5 of this Code for all schools within a school district | ||||||
12 | or all programs of a special education joint agreement. | ||||||
13 | (b) This Section and Sections 24-12 through 24-16 of this | ||||||
14 | Article apply only to
school districts having less than | ||||||
15 | 500,000 inhabitants.
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16 | (c) Any teacher who is first employed as a full-time | ||||||
17 | teacher in a school district or program prior to the PERA | ||||||
18 | implementation date and who is employed in that district or | ||||||
19 | program for
a probationary period of 4 consecutive school | ||||||
20 | terms shall enter upon
contractual continued service in the | ||||||
21 | district or in all of the programs that the teacher is legally | ||||||
22 | qualified to hold, unless the teacher is given written notice | ||||||
23 | of dismissal by certified mail, return receipt requested, by
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24 | the employing board at least 45 days before the end of any | ||||||
25 | school term within such
period.
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26 | (d) For any teacher who is first employed as a full-time |
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1 | teacher in a school district or program on or after the PERA | ||||||
2 | implementation date, the probationary period shall be one of | ||||||
3 | the following periods, based upon the teacher's school terms | ||||||
4 | of service and performance, before the teacher shall enter | ||||||
5 | upon contractual continued service in the district or in all | ||||||
6 | of the programs that the teacher is legally qualified to hold, | ||||||
7 | unless the teacher is given written notice of dismissal by | ||||||
8 | certified mail, return receipt requested, by the employing | ||||||
9 | board on or before April 15 at least 45 days before the end of | ||||||
10 | any school term within such period : | ||||||
11 | (1) 3 4 consecutive school terms of service in which | ||||||
12 | the teacher holds a Professional Educator License and | ||||||
13 | receives overall annual evaluation ratings of at least | ||||||
14 | "Proficient" in the last school term and at least | ||||||
15 | "Proficient" in either the second and or third school | ||||||
16 | terms term ; | ||||||
17 | (2) 2 3 consecutive school terms of service in which | ||||||
18 | the teacher holds a Professional Educator License and | ||||||
19 | receives 2 3 overall annual evaluations of "Excellent"; or | ||||||
20 | (3) 2 consecutive school terms of service in which the | ||||||
21 | teacher holds a Professional Educator License and receives | ||||||
22 | 2 overall annual evaluations of "Excellent" service, but | ||||||
23 | only if the teacher (i) previously attained contractual | ||||||
24 | continued service in a different school district or | ||||||
25 | program in this State, (ii) voluntarily departed or was | ||||||
26 | honorably dismissed from that school district or program |
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1 | in the school term immediately prior to the teacher's | ||||||
2 | first school term of service applicable to the attainment | ||||||
3 | of contractual continued service under this subdivision | ||||||
4 | (3), and (iii) received, in his or her 2 most recent | ||||||
5 | overall annual or biennial evaluations from the prior | ||||||
6 | school district or program, ratings of at least | ||||||
7 | "Proficient", with both such ratings occurring after the | ||||||
8 | school district's or program's PERA implementation date. | ||||||
9 | For a teacher to attain contractual continued service | ||||||
10 | under this subdivision (3), the teacher shall provide | ||||||
11 | official copies of his or her 2 most recent overall annual | ||||||
12 | or biennial evaluations from the prior school district or | ||||||
13 | program to the new school district or program within 60 | ||||||
14 | days from the teacher's first day of service with the new | ||||||
15 | school district or program. The prior school district or | ||||||
16 | program must provide the teacher with official copies of | ||||||
17 | his or her 2 most recent overall annual or biennial | ||||||
18 | evaluations within 14 days after the teacher's request. If | ||||||
19 | a teacher has requested such official copies prior to 45 | ||||||
20 | days after the teacher's first day of service with the new | ||||||
21 | school district or program and the teacher's prior school | ||||||
22 | district or program fails to provide the teacher with the | ||||||
23 | official copies required under this subdivision (3), then | ||||||
24 | the time period for the teacher to submit the official | ||||||
25 | copies to his or her new school district or program must be | ||||||
26 | extended until 14 days after receipt of such copies from |
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1 | the prior school district or program. If the prior school | ||||||
2 | district or program fails to provide the teacher with the | ||||||
3 | official copies required under this subdivision (3) within | ||||||
4 | 90 days from the teacher's first day of service with the | ||||||
5 | new school district or program, then the new school | ||||||
6 | district or program shall rely upon the teacher's own | ||||||
7 | copies of his or her evaluations for purposes of this | ||||||
8 | subdivision (3). | ||||||
9 | If the teacher does not receive overall annual evaluations | ||||||
10 | of "Excellent" in the school terms necessary for eligibility | ||||||
11 | to achieve accelerated contractual continued service in | ||||||
12 | subdivisions (2) and (3) of this subsection (d), the teacher | ||||||
13 | shall be eligible for contractual continued service pursuant | ||||||
14 | to subdivision (1) of this subsection (d). If, at the | ||||||
15 | conclusion of 3 4 consecutive school terms of service that | ||||||
16 | count toward attainment of contractual continued service, the | ||||||
17 | teacher's performance does not qualify the teacher for | ||||||
18 | contractual continued service under subdivision (1) of this | ||||||
19 | subsection (d), then the teacher shall not enter upon | ||||||
20 | contractual continued service and shall be dismissed. If a | ||||||
21 | performance evaluation is not conducted for any school term | ||||||
22 | when such evaluation is required to be conducted under Section | ||||||
23 | 24A-5 of this Code, then the teacher's performance evaluation | ||||||
24 | rating for such school term for purposes of determining the | ||||||
25 | attainment of contractual continued service shall be deemed | ||||||
26 | "Proficient", except that, during any time in which the |
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1 | Governor has declared a disaster due to a public health | ||||||
2 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
3 | Management Agency Act, this default to "Proficient" does not | ||||||
4 | apply to any teacher who has entered into contractual | ||||||
5 | continued service and who was deemed "Excellent" on his or her | ||||||
6 | most recent evaluation. During any time in which the Governor | ||||||
7 | has declared a disaster due to a public health emergency | ||||||
8 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
9 | Agency Act and unless the school board and any exclusive | ||||||
10 | bargaining representative have completed the performance | ||||||
11 | rating for teachers or mutually agreed to an alternate | ||||||
12 | performance rating, any teacher who has entered into | ||||||
13 | contractual continued service, whose most recent evaluation | ||||||
14 | was deemed "Excellent", and whose performance evaluation is | ||||||
15 | not conducted when the evaluation is required to be conducted | ||||||
16 | shall receive a teacher's performance rating deemed | ||||||
17 | "Excellent". A school board and any exclusive bargaining | ||||||
18 | representative may mutually agree to an alternate performance | ||||||
19 | rating for teachers not in contractual continued service | ||||||
20 | during any time in which the Governor has declared a disaster | ||||||
21 | due to a public health emergency pursuant to Section 7 of the | ||||||
22 | Illinois Emergency Management Agency Act, as long as the | ||||||
23 | agreement is in writing. | ||||||
24 | (e) For the purposes of determining contractual continued | ||||||
25 | service, a school term shall be counted only toward attainment | ||||||
26 | of contractual continued service if the teacher actually |
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1 | teaches or is otherwise present and participating in the | ||||||
2 | district's or program's educational program for 120 days or | ||||||
3 | more, provided that the days of leave under the federal Family | ||||||
4 | Medical Leave Act that the teacher is required to take until | ||||||
5 | the end of the school term shall be considered days of teaching | ||||||
6 | or participation in the district's or program's educational | ||||||
7 | program. A school term that is not counted toward attainment | ||||||
8 | of contractual continued service shall not be considered a | ||||||
9 | break in service for purposes of determining whether a teacher | ||||||
10 | has been employed for 3 4 consecutive school terms, provided | ||||||
11 | that the teacher actually teaches or is otherwise present and | ||||||
12 | participating in the district's or program's educational | ||||||
13 | program in the following school term. | ||||||
14 | (f) If the employing board determines to dismiss the | ||||||
15 | teacher in the last year of the probationary period as | ||||||
16 | provided in subsection (c) of this Section or subdivision (1) | ||||||
17 | or (2) of subsection (d) of this Section, but not subdivision | ||||||
18 | (3) of subsection (d) of this Section, the written notice of | ||||||
19 | dismissal provided by the employing board must contain | ||||||
20 | specific reasons for dismissal. Any full-time teacher who does | ||||||
21 | not receive written notice from the employing board at least | ||||||
22 | 45 days before the end of any school term as provided in this | ||||||
23 | Section and whose performance does not require dismissal after | ||||||
24 | the third fourth probationary year pursuant to subsection (d) | ||||||
25 | of this Section shall be re-employed for the following school | ||||||
26 | term.
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1 | (g) Contractual continued service shall continue in effect | ||||||
2 | the terms and
provisions of the contract with the teacher | ||||||
3 | during the last school term
of the probationary period, | ||||||
4 | subject to this Act and the lawful
regulations of the | ||||||
5 | employing board. This Section and succeeding Sections
do not | ||||||
6 | modify any existing power of the board except with respect to | ||||||
7 | the
procedure of the discharge of a teacher and reductions in | ||||||
8 | salary as
hereinafter provided. Contractual continued service | ||||||
9 | status shall not
restrict the power of the board to transfer a | ||||||
10 | teacher to a position
which the teacher is qualified to fill or | ||||||
11 | to make such salary
adjustments as it deems desirable, but | ||||||
12 | unless reductions in salary are
uniform or based upon some | ||||||
13 | reasonable classification, any teacher whose
salary is reduced | ||||||
14 | shall be entitled to a notice and a hearing as
hereinafter | ||||||
15 | provided in the case of certain dismissals or removals.
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16 | (h) If, by reason of any change in the boundaries of school | ||||||
17 | districts, by reason of a special education cooperative | ||||||
18 | reorganization or dissolution in accordance with Section | ||||||
19 | 10-22.31 of this Code, or by reason of the creation of a new | ||||||
20 | school district, the position held by any teacher having a | ||||||
21 | contractual continued service status is transferred from one | ||||||
22 | board to the control of a new or different board, then the | ||||||
23 | contractual continued service status of the teacher is not | ||||||
24 | thereby lost, and such new or different board is subject to | ||||||
25 | this Code with respect to the teacher in the same manner as if | ||||||
26 | the teacher were its employee and had been its employee during |
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1 | the time the teacher was actually employed by the board from | ||||||
2 | whose control the position was transferred. | ||||||
3 | (i) The employment of any teacher in a program of a special | ||||||
4 | education joint
agreement established under Section 3-15.14, | ||||||
5 | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | ||||||
6 | Sections of this Article. For purposes of
attaining and | ||||||
7 | maintaining contractual continued service and computing
length | ||||||
8 | of continuing service as referred to in this Section and | ||||||
9 | Section
24-12, employment in a special educational joint | ||||||
10 | program shall be deemed a
continuation of all previous | ||||||
11 | licensed employment of such teacher for
such joint agreement | ||||||
12 | whether the employer of the teacher was the joint
agreement, | ||||||
13 | the regional superintendent, or one of the participating
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14 | districts in the joint agreement.
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15 | (j) For any teacher employed after July 1, 1987 as a | ||||||
16 | full-time teacher in a program of a special education joint | ||||||
17 | agreement, whether the program is operated by the joint | ||||||
18 | agreement or a member district on behalf of the joint | ||||||
19 | agreement, in the event of a reduction in the number of | ||||||
20 | programs or positions in the joint agreement in which the | ||||||
21 | notice of dismissal is provided on or before the end of the | ||||||
22 | 2010-2011 school term, the teacher in contractual continued | ||||||
23 | service is eligible for employment in the joint agreement | ||||||
24 | programs for which the teacher is legally qualified in order | ||||||
25 | of greater length of continuing service in the joint | ||||||
26 | agreement, unless an alternative method of determining the |
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1 | sequence of dismissal is established in a collective | ||||||
2 | bargaining agreement. For any teacher employed after July 1, | ||||||
3 | 1987 as a full-time teacher in a program of a special education | ||||||
4 | joint agreement, whether the program is operated by the joint | ||||||
5 | agreement or a member district on behalf of the joint | ||||||
6 | agreement, in the event of a reduction in the number of | ||||||
7 | programs or positions in the joint agreement in which the | ||||||
8 | notice of dismissal is provided during the 2011-2012 school | ||||||
9 | term or a subsequent school term, the teacher shall be | ||||||
10 | included on the honorable dismissal lists of all joint | ||||||
11 | agreement programs for positions for which the teacher is | ||||||
12 | qualified and is eligible for employment in such programs in | ||||||
13 | accordance with subsections (b) and (c) of Section 24-12 of | ||||||
14 | this Code and the applicable honorable dismissal policies of | ||||||
15 | the joint agreement. | ||||||
16 | (k) For any teacher employed after July 1, 1987 as a | ||||||
17 | full-time teacher in a program of a special education joint | ||||||
18 | agreement, whether the program is operated by the joint | ||||||
19 | agreement or a member district on behalf of the joint | ||||||
20 | agreement, in the event of the dissolution of a joint | ||||||
21 | agreement, in which the notice to teachers of the dissolution | ||||||
22 | is provided during the 2010-2011 school term, the teacher in | ||||||
23 | contractual continued service who is legally qualified shall | ||||||
24 | be assigned to any comparable position in a member district | ||||||
25 | currently held by a teacher who has not entered upon | ||||||
26 | contractual continued service or held by a teacher who has |
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1 | entered upon contractual continued service with a shorter | ||||||
2 | length of contractual continued service. Any teacher employed | ||||||
3 | after July 1, 1987 as a full-time teacher in a program of a | ||||||
4 | special education joint agreement, whether the program is | ||||||
5 | operated by the joint agreement or a member district on behalf | ||||||
6 | of the joint agreement, in the event of the dissolution of a | ||||||
7 | joint agreement in which the notice to teachers of the | ||||||
8 | dissolution is provided during the 2011-2012 school term or a | ||||||
9 | subsequent school term, the teacher who is qualified shall be | ||||||
10 | included on the order of honorable dismissal lists of each | ||||||
11 | member district and shall be assigned to any comparable | ||||||
12 | position in any such district in accordance with subsections | ||||||
13 | (b) and (c) of Section 24-12 of this Code and the applicable | ||||||
14 | honorable dismissal policies of each member district.
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15 | (l) The governing board of the joint agreement, or the | ||||||
16 | administrative
district, if so authorized by the articles of | ||||||
17 | agreement of the joint
agreement, rather than the board of | ||||||
18 | education of a school district, may
carry out employment and | ||||||
19 | termination actions including dismissals under
this Section | ||||||
20 | and Section 24-12.
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21 | (m) The employment of any teacher in a special education | ||||||
22 | program
authorized by Section 14-1.01 through 14-14.01, or a | ||||||
23 | joint educational
program established under Section 10-22.31a, | ||||||
24 | shall be under this and the
succeeding Sections of this | ||||||
25 | Article, and such employment shall be deemed
a continuation of | ||||||
26 | the previous employment of such teacher in any of the
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1 | participating districts, regardless of the participation of | ||||||
2 | other
districts in the program. | ||||||
3 | (n) Any teacher employed as a full-time teacher in
a | ||||||
4 | special education program prior to September 23, 1987 in which | ||||||
5 | 2 or
more school districts
participate for a probationary | ||||||
6 | period of 2 consecutive years shall enter
upon contractual | ||||||
7 | continued service in each of the participating
districts, | ||||||
8 | subject to this and the succeeding Sections of this Article,
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9 | and, notwithstanding Section 24-1.5 of this Code, in the event | ||||||
10 | of the termination of the program shall be eligible for
any | ||||||
11 | vacant position in any of such districts for which such | ||||||
12 | teacher is
qualified.
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13 | (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22; | ||||||
14 | 102-854, eff. 5-13-22.)
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15 | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
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16 | Sec. 24-12. Removal or dismissal of teachers in | ||||||
17 | contractual
continued service. | ||||||
18 | (a) This subsection (a) applies only to honorable | ||||||
19 | dismissals and recalls in which the notice of dismissal is | ||||||
20 | provided on or before the end of the 2010-2011 school term. If | ||||||
21 | a teacher in contractual continued service is
removed or | ||||||
22 | dismissed as a result of a decision of the board to decrease
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23 | the number of teachers employed by the board or to discontinue | ||||||
24 | some
particular type of teaching service, written notice shall | ||||||
25 | be mailed to the
teacher and also given the
teacher either by |
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1 | certified mail, return receipt requested or
personal delivery | ||||||
2 | with receipt at least 60
days before
the end of the school | ||||||
3 | term, together with a statement of honorable
dismissal and the | ||||||
4 | reason therefor, and in all such cases the board shall
first | ||||||
5 | remove or dismiss all teachers who have not entered upon | ||||||
6 | contractual
continued service before removing or dismissing | ||||||
7 | any teacher who has entered
upon contractual continued service | ||||||
8 | and who is legally qualified to hold a
position currently held | ||||||
9 | by a teacher who has not entered upon contractual
continued | ||||||
10 | service. | ||||||
11 | As between teachers who have entered upon contractual
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12 | continued service, the teacher or teachers with the shorter | ||||||
13 | length of
continuing service with the district shall be | ||||||
14 | dismissed first
unless an alternative method of determining | ||||||
15 | the sequence of dismissal is
established in a collective | ||||||
16 | bargaining agreement or contract between the
board and a | ||||||
17 | professional faculty members' organization and except that
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18 | this provision shall not impair the operation of any | ||||||
19 | affirmative action
program in the district, regardless of | ||||||
20 | whether it exists by operation of
law or is conducted on a | ||||||
21 | voluntary basis by the board. Any teacher
dismissed as a | ||||||
22 | result of such decrease or discontinuance shall be paid
all | ||||||
23 | earned compensation on or before the third business day | ||||||
24 | following
the last day of pupil attendance in the regular | ||||||
25 | school term. | ||||||
26 | If the
board has any vacancies for the following school |
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1 | term or within one
calendar year from the beginning of the | ||||||
2 | following school term, the
positions thereby becoming | ||||||
3 | available shall be tendered to the teachers
so removed or | ||||||
4 | dismissed so far as they are legally qualified to hold
such | ||||||
5 | positions; provided, however, that if the number of honorable
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6 | dismissal notices based on economic necessity exceeds 15% of | ||||||
7 | the number of full-time
equivalent positions filled by | ||||||
8 | certified employees (excluding
principals and administrative | ||||||
9 | personnel) during the preceding school year,
then if the board | ||||||
10 | has any vacancies for the following school term or within
2 | ||||||
11 | calendar years from the beginning of the following
school | ||||||
12 | term, the positions so becoming available shall be tendered to | ||||||
13 | the
teachers who were so notified and removed or dismissed | ||||||
14 | whenever they are
legally qualified to hold such positions. | ||||||
15 | Each board shall, in consultation
with any exclusive employee | ||||||
16 | representatives, each year establish a list,
categorized by | ||||||
17 | positions, showing the length of continuing service of each
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18 | teacher who is qualified to hold any such positions, unless an | ||||||
19 | alternative
method of determining a sequence of dismissal is | ||||||
20 | established as provided
for in this Section, in which case a | ||||||
21 | list shall be made in accordance with
the alternative method. | ||||||
22 | Copies of the list shall be distributed to the
exclusive | ||||||
23 | employee representative on or before February 1 of each year.
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24 | Whenever the number of honorable dismissal notices based upon | ||||||
25 | economic
necessity exceeds 5, or 150% of the average number of | ||||||
26 | teachers honorably
dismissed in the preceding 3 years, |
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1 | whichever is more, then the board also
shall hold a public | ||||||
2 | hearing on the question of the dismissals. Following
the | ||||||
3 | hearing and board review, the action to approve any such | ||||||
4 | reduction shall
require a majority vote of the board members.
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5 | (b) This subsection (b) applies only to honorable | ||||||
6 | dismissals and recalls in which the notice of dismissal is | ||||||
7 | provided during the 2011-2012 school term or a subsequent | ||||||
8 | school term. If any teacher, whether or not in contractual | ||||||
9 | continued service, is removed or dismissed as a result of a | ||||||
10 | decision of a school board to decrease the number of teachers | ||||||
11 | employed by the board, a decision of a school board to | ||||||
12 | discontinue some particular type of teaching service, or a | ||||||
13 | reduction in the number of programs or positions in a special | ||||||
14 | education joint agreement, then written notice must be mailed | ||||||
15 | to the teacher and also given to the teacher either by | ||||||
16 | electronic mail, certified mail, return receipt requested, or | ||||||
17 | personal delivery with receipt on or before April 15 at least | ||||||
18 | 45 days before the end of the school term , together with a | ||||||
19 | statement of honorable dismissal and the reason therefor, and | ||||||
20 | in all such cases the sequence of dismissal shall occur in | ||||||
21 | accordance with this subsection (b); except that this | ||||||
22 | subsection (b) shall not impair the operation of any | ||||||
23 | affirmative action program in the school district, regardless | ||||||
24 | of whether it exists by operation of law or is conducted on a | ||||||
25 | voluntary basis by the board. | ||||||
26 | Each teacher must be categorized into one or more |
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1 | positions for which the teacher is qualified to hold, based | ||||||
2 | upon legal qualifications and any other qualifications | ||||||
3 | established in a district or joint agreement job description, | ||||||
4 | on or before the May 10 prior to the school year during which | ||||||
5 | the sequence of dismissal is determined. Within each position | ||||||
6 | and subject to agreements made by the joint committee on | ||||||
7 | honorable dismissals that are authorized by subsection (c) of | ||||||
8 | this Section, the school district or joint agreement must | ||||||
9 | establish 4 groupings of teachers qualified to hold the | ||||||
10 | position as follows: | ||||||
11 | (1) Grouping one shall consist of each teacher who is | ||||||
12 | not in contractual continued service and who (i) has not | ||||||
13 | received a performance evaluation rating, (ii) is employed | ||||||
14 | for one school term or less to replace a teacher on leave, | ||||||
15 | or (iii) is employed on a part-time basis. "Part-time | ||||||
16 | basis" for the purposes of this subsection (b) means a | ||||||
17 | teacher who is employed to teach less than a full-day, | ||||||
18 | teacher workload or less than 5 days of the normal student | ||||||
19 | attendance week, unless otherwise provided for in a | ||||||
20 | collective bargaining agreement between the district and | ||||||
21 | the exclusive representative of the district's teachers. | ||||||
22 | For the purposes of this Section, a teacher (A) who is | ||||||
23 | employed as a full-time teacher but who actually teaches | ||||||
24 | or is otherwise present and participating in the | ||||||
25 | district's educational program for less than a school term | ||||||
26 | or (B) who, in the immediately previous school term, was |
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| |||||||
1 | employed on a full-time basis and actually taught or was | ||||||
2 | otherwise present and participated in the district's | ||||||
3 | educational program for 120 days or more is not considered | ||||||
4 | employed on a part-time basis. | ||||||
5 | (2) Grouping 2 shall consist of each teacher with a | ||||||
6 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
7 | rating on either of the teacher's last 2 performance | ||||||
8 | evaluation ratings. | ||||||
9 | (3) Grouping 3 shall consist of each teacher with a | ||||||
10 | performance evaluation rating of at least Satisfactory or | ||||||
11 | Proficient on both of the teacher's last 2 performance | ||||||
12 | evaluation ratings, if 2 ratings are available, or on the | ||||||
13 | teacher's last performance evaluation rating, if only one | ||||||
14 | rating is available, unless the teacher qualifies for | ||||||
15 | placement into grouping 4. | ||||||
16 | (4) Grouping 4 shall consist of each teacher whose | ||||||
17 | last 2 performance evaluation ratings are Excellent and | ||||||
18 | each teacher with 2 Excellent performance evaluation | ||||||
19 | ratings out of the teacher's last 3 performance evaluation | ||||||
20 | ratings with a third rating of Satisfactory or Proficient. | ||||||
21 | Among teachers qualified to hold a position, teachers must | ||||||
22 | be dismissed in the order of their groupings, with teachers in | ||||||
23 | grouping one dismissed first and teachers in grouping 4 | ||||||
24 | dismissed last. | ||||||
25 | Within grouping one, the sequence of dismissal must be at | ||||||
26 | the discretion of the school district or joint agreement. |
| |||||||
| |||||||
1 | Within grouping 2, the sequence of dismissal must be based | ||||||
2 | upon average performance evaluation ratings, with the teacher | ||||||
3 | or teachers with the lowest average performance evaluation | ||||||
4 | rating dismissed first. A teacher's average performance | ||||||
5 | evaluation rating must be calculated using the average of the | ||||||
6 | teacher's last 2 performance evaluation ratings, if 2 ratings | ||||||
7 | are available, or the teacher's last performance evaluation | ||||||
8 | rating, if only one rating is available, using the following | ||||||
9 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
10 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
11 | Unsatisfactory. As between or among teachers in grouping 2 | ||||||
12 | with the same average performance evaluation rating and within | ||||||
13 | each of groupings 3 and 4, the teacher or teachers with the | ||||||
14 | shorter length of continuing service with the school district | ||||||
15 | or joint agreement must be dismissed first unless an | ||||||
16 | alternative method of determining the sequence of dismissal is | ||||||
17 | established in a collective bargaining agreement or contract | ||||||
18 | between the board and a professional faculty members' | ||||||
19 | organization. | ||||||
20 | Each board, including the governing board of a joint | ||||||
21 | agreement, shall, in consultation with any exclusive employee | ||||||
22 | representatives, each year establish a sequence of honorable | ||||||
23 | dismissal list categorized by positions and the groupings | ||||||
24 | defined in this subsection (b). Copies of the list showing | ||||||
25 | each teacher by name and categorized by positions and the | ||||||
26 | groupings defined in this subsection (b) must be distributed |
| |||||||
| |||||||
1 | to the exclusive bargaining representative at least 75 days | ||||||
2 | before the end of the school term, provided that the school | ||||||
3 | district or joint agreement may, with notice to any exclusive | ||||||
4 | employee representatives, move teachers from grouping one into | ||||||
5 | another grouping during the period of time from 75 days until | ||||||
6 | 45 days before the end of the school term. Each year, each | ||||||
7 | board shall also establish, in consultation with any exclusive | ||||||
8 | employee representatives, a list showing the length of | ||||||
9 | continuing service of each teacher who is qualified to hold | ||||||
10 | any such positions, unless an alternative method of | ||||||
11 | determining a sequence of dismissal is established as provided | ||||||
12 | for in this Section, in which case a list must be made in | ||||||
13 | accordance with the alternative method. Copies of the list | ||||||
14 | must be distributed to the exclusive employee representative | ||||||
15 | at least 75 days before the end of the school term. | ||||||
16 | Any teacher dismissed as a result of such decrease or | ||||||
17 | discontinuance must be paid all earned compensation on or | ||||||
18 | before the third business day following the last day of pupil | ||||||
19 | attendance in the regular school term. | ||||||
20 | If the board or joint agreement has any vacancies for the | ||||||
21 | following school term or within one calendar year from the | ||||||
22 | beginning of the following school term, the positions thereby | ||||||
23 | becoming available must be tendered to the teachers so removed | ||||||
24 | or dismissed who were in grouping 3 or 4 of the sequence of | ||||||
25 | dismissal and are qualified to hold the positions, based upon | ||||||
26 | legal qualifications and any other qualifications established |
| |||||||
| |||||||
1 | in a district or joint agreement job description, on or before | ||||||
2 | the May 10 prior to the date of the positions becoming | ||||||
3 | available, provided that if the number of honorable dismissal | ||||||
4 | notices based on economic necessity exceeds 15% of the number | ||||||
5 | of full-time equivalent positions filled by certified | ||||||
6 | employees (excluding principals and administrative personnel) | ||||||
7 | during the preceding school year, then the recall period is | ||||||
8 | for the following school term or within 2 calendar years from | ||||||
9 | the beginning of the following school term. If the board or | ||||||
10 | joint agreement has any vacancies within the period from the | ||||||
11 | beginning of the following school term through February 1 of | ||||||
12 | the following school term (unless a date later than February | ||||||
13 | 1, but no later than 6 months from the beginning of the | ||||||
14 | following school term, is established in a collective | ||||||
15 | bargaining agreement), the positions thereby becoming | ||||||
16 | available must be tendered to the teachers so removed or | ||||||
17 | dismissed who were in grouping 2 of the sequence of dismissal | ||||||
18 | due to one "needs improvement" rating on either of the | ||||||
19 | teacher's last 2 performance evaluation ratings, provided | ||||||
20 | that, if 2 ratings are available, the other performance | ||||||
21 | evaluation rating used for grouping purposes is | ||||||
22 | "satisfactory", "proficient", or "excellent", and are | ||||||
23 | qualified to hold the positions, based upon legal | ||||||
24 | qualifications and any other qualifications established in a | ||||||
25 | district or joint agreement job description, on or before the | ||||||
26 | May 10 prior to the date of the positions becoming available. |
| |||||||
| |||||||
1 | On and after July 1, 2014 (the effective date of Public Act | ||||||
2 | 98-648), the preceding sentence shall apply to teachers | ||||||
3 | removed or dismissed by honorable dismissal, even if notice of | ||||||
4 | honorable dismissal occurred during the 2013-2014 school year. | ||||||
5 | Among teachers eligible for recall pursuant to the preceding | ||||||
6 | sentence, the order of recall must be in inverse order of | ||||||
7 | dismissal, unless an alternative order of recall is | ||||||
8 | established in a collective bargaining agreement or contract | ||||||
9 | between the board and a professional faculty members' | ||||||
10 | organization. Whenever the number of honorable dismissal | ||||||
11 | notices based upon economic necessity exceeds 5 notices or | ||||||
12 | 150% of the average number of teachers honorably dismissed in | ||||||
13 | the preceding 3 years, whichever is more, then the school | ||||||
14 | board or governing board of a joint agreement, as applicable, | ||||||
15 | shall also hold a public hearing on the question of the | ||||||
16 | dismissals. Following the hearing and board review, the action | ||||||
17 | to approve any such reduction shall require a majority vote of | ||||||
18 | the board members. | ||||||
19 | For purposes of this subsection (b), subject to agreement | ||||||
20 | on an alternative definition reached by the joint committee | ||||||
21 | described in subsection (c) of this Section, a teacher's | ||||||
22 | performance evaluation rating means the overall performance | ||||||
23 | evaluation rating resulting from an annual or biennial | ||||||
24 | performance evaluation conducted pursuant to Article 24A of | ||||||
25 | this Code by the school district or joint agreement | ||||||
26 | determining the sequence of dismissal, not including any |
| |||||||
| |||||||
1 | performance evaluation conducted during or at the end of a | ||||||
2 | remediation period. No more than one evaluation rating each | ||||||
3 | school term shall be one of the evaluation ratings used for the | ||||||
4 | purpose of determining the sequence of dismissal. Except as | ||||||
5 | otherwise provided in this subsection for any performance | ||||||
6 | evaluations conducted during or at the end of a remediation | ||||||
7 | period, if multiple performance evaluations are conducted in a | ||||||
8 | school term, only the rating from the last evaluation | ||||||
9 | conducted prior to establishing the sequence of honorable | ||||||
10 | dismissal list in such school term shall be the one evaluation | ||||||
11 | rating from that school term used for the purpose of | ||||||
12 | determining the sequence of dismissal. Averaging ratings from | ||||||
13 | multiple evaluations is not permitted unless otherwise agreed | ||||||
14 | to in a collective bargaining agreement or contract between | ||||||
15 | the board and a professional faculty members' organization. | ||||||
16 | The preceding 3 sentences are not a legislative declaration | ||||||
17 | that existing law does or does not already require that only | ||||||
18 | one performance evaluation each school term shall be used for | ||||||
19 | the purpose of determining the sequence of dismissal. For | ||||||
20 | performance evaluation ratings determined prior to September | ||||||
21 | 1, 2012, any school district or joint agreement with a | ||||||
22 | performance evaluation rating system that does not use either | ||||||
23 | of the rating category systems specified in subsection (d) of | ||||||
24 | Section 24A-5 of this Code for all teachers must establish a | ||||||
25 | basis for assigning each teacher a rating that complies with | ||||||
26 | subsection (d) of Section 24A-5 of this Code for all of the |
| |||||||
| |||||||
1 | performance evaluation ratings that are to be used to | ||||||
2 | determine the sequence of dismissal. A teacher's grouping and | ||||||
3 | ranking on a sequence of honorable dismissal shall be deemed a | ||||||
4 | part of the teacher's performance evaluation, and that | ||||||
5 | information shall be disclosed to the exclusive bargaining | ||||||
6 | representative as part of a sequence of honorable dismissal | ||||||
7 | list, notwithstanding any laws prohibiting disclosure of such | ||||||
8 | information. A performance evaluation rating may be used to | ||||||
9 | determine the sequence of dismissal, notwithstanding the | ||||||
10 | pendency of any grievance resolution or arbitration procedures | ||||||
11 | relating to the performance evaluation. If a teacher has | ||||||
12 | received at least one performance evaluation rating conducted | ||||||
13 | by the school district or joint agreement determining the | ||||||
14 | sequence of dismissal and a subsequent performance evaluation | ||||||
15 | is not conducted in any school year in which such evaluation is | ||||||
16 | required to be conducted under Section 24A-5 of this Code, the | ||||||
17 | teacher's performance evaluation rating for that school year | ||||||
18 | for purposes of determining the sequence of dismissal is | ||||||
19 | deemed Proficient, except that, during any time in which the | ||||||
20 | Governor has declared a disaster due to a public health | ||||||
21 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
22 | Management Agency Act, this default to Proficient does not | ||||||
23 | apply to any teacher who has entered into contractual | ||||||
24 | continued service and who was deemed Excellent on his or her | ||||||
25 | most recent evaluation. During any time in which the Governor | ||||||
26 | has declared a disaster due to a public health emergency |
| |||||||
| |||||||
1 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
2 | Agency Act and unless the school board and any exclusive | ||||||
3 | bargaining representative have completed the performance | ||||||
4 | rating for teachers or have mutually agreed to an alternate | ||||||
5 | performance rating, any teacher who has entered into | ||||||
6 | contractual continued service, whose most recent evaluation | ||||||
7 | was deemed Excellent, and whose performance evaluation is not | ||||||
8 | conducted when the evaluation is required to be conducted | ||||||
9 | shall receive a teacher's performance rating deemed Excellent. | ||||||
10 | A school board and any exclusive bargaining representative may | ||||||
11 | mutually agree to an alternate performance rating for teachers | ||||||
12 | not in contractual continued service during any time in which | ||||||
13 | the Governor has declared a disaster due to a public health | ||||||
14 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
15 | Management Agency Act, as long as the agreement is in writing. | ||||||
16 | If a performance evaluation rating is nullified as the result | ||||||
17 | of an arbitration, administrative agency, or court | ||||||
18 | determination, then the school district or joint agreement is | ||||||
19 | deemed to have conducted a performance evaluation for that | ||||||
20 | school year, but the performance evaluation rating may not be | ||||||
21 | used in determining the sequence of dismissal. | ||||||
22 | Nothing in this subsection (b) shall be construed as | ||||||
23 | limiting the right of a school board or governing board of a | ||||||
24 | joint agreement to dismiss a teacher not in contractual | ||||||
25 | continued service in accordance with Section 24-11 of this | ||||||
26 | Code. |
| |||||||
| |||||||
1 | Any provisions regarding the sequence of honorable | ||||||
2 | dismissals and recall of honorably dismissed teachers in a | ||||||
3 | collective bargaining agreement entered into on or before | ||||||
4 | January 1, 2011 and in effect on June 13, 2011 (the effective | ||||||
5 | date of Public Act 97-8) that may conflict with Public Act 97-8 | ||||||
6 | shall remain in effect through the expiration of such | ||||||
7 | agreement or June 30, 2013, whichever is earlier. | ||||||
8 | (c) Each school district and special education joint | ||||||
9 | agreement must use a joint committee composed of equal | ||||||
10 | representation selected by the school board and its teachers | ||||||
11 | or, if applicable, the exclusive bargaining representative of | ||||||
12 | its teachers, to address the matters described in paragraphs | ||||||
13 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
14 | dismissals under subsection (b) of this Section. | ||||||
15 | (1) The joint committee must consider and may agree to | ||||||
16 | criteria for excluding from grouping 2 and placing into | ||||||
17 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
18 | include a Needs Improvement and either a Proficient or | ||||||
19 | Excellent. | ||||||
20 | (2) The joint committee must consider and may agree to | ||||||
21 | an alternative definition for grouping 4, which definition | ||||||
22 | must take into account prior performance evaluation | ||||||
23 | ratings and may take into account other factors that | ||||||
24 | relate to the school district's or program's educational | ||||||
25 | objectives. An alternative definition for grouping 4 may | ||||||
26 | not permit the inclusion of a teacher in the grouping with |
| |||||||
| |||||||
1 | a Needs Improvement or Unsatisfactory performance | ||||||
2 | evaluation rating on either of the teacher's last 2 | ||||||
3 | performance evaluation ratings. | ||||||
4 | (3) The joint committee may agree to including within | ||||||
5 | the definition of a performance evaluation rating a | ||||||
6 | performance evaluation rating administered by a school | ||||||
7 | district or joint agreement other than the school district | ||||||
8 | or joint agreement determining the sequence of dismissal. | ||||||
9 | (4) For each school district or joint agreement that | ||||||
10 | administers performance evaluation ratings that are | ||||||
11 | inconsistent with either of the rating category systems | ||||||
12 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
13 | the school district or joint agreement must consult with | ||||||
14 | the joint committee on the basis for assigning a rating | ||||||
15 | that complies with subsection (d) of Section 24A-5 of this | ||||||
16 | Code to each performance evaluation rating that will be | ||||||
17 | used in a sequence of dismissal. | ||||||
18 | (5) Upon request by a joint committee member submitted | ||||||
19 | to the employing board by no later than 10 days after the | ||||||
20 | distribution of the sequence of honorable dismissal list, | ||||||
21 | a representative of the employing board shall, within 5 | ||||||
22 | days after the request, provide to members of the joint | ||||||
23 | committee a list showing the most recent and prior | ||||||
24 | performance evaluation ratings of each teacher identified | ||||||
25 | only by length of continuing service in the district or | ||||||
26 | joint agreement and not by name. If, after review of this |
| |||||||
| |||||||
1 | list, a member of the joint committee has a good faith | ||||||
2 | belief that a disproportionate number of teachers with | ||||||
3 | greater length of continuing service with the district or | ||||||
4 | joint agreement have received a recent performance | ||||||
5 | evaluation rating lower than the prior rating, the member | ||||||
6 | may request that the joint committee review the list to | ||||||
7 | assess whether such a trend may exist. Following the joint | ||||||
8 | committee's review, but by no later than the end of the | ||||||
9 | applicable school term, the joint committee or any member | ||||||
10 | or members of the joint committee may submit a report of | ||||||
11 | the review to the employing board and exclusive bargaining | ||||||
12 | representative, if any. Nothing in this paragraph (5) | ||||||
13 | shall impact the order of honorable dismissal or a school | ||||||
14 | district's or joint agreement's authority to carry out a | ||||||
15 | dismissal in accordance with subsection (b) of this | ||||||
16 | Section. | ||||||
17 | Agreement by the joint committee as to a matter requires | ||||||
18 | the majority vote of all committee members, and if the joint | ||||||
19 | committee does not reach agreement on a matter, then the | ||||||
20 | otherwise applicable requirements of subsection (b) of this | ||||||
21 | Section shall apply. Except as explicitly set forth in this | ||||||
22 | subsection (c), a joint committee has no authority to agree to | ||||||
23 | any further modifications to the requirements for honorable | ||||||
24 | dismissals set forth in subsection (b) of this Section.
The | ||||||
25 | joint committee must be established, and the first meeting of | ||||||
26 | the joint committee each school year must occur on or before |
| |||||||
| |||||||
1 | December 1. | ||||||
2 | The joint committee must reach agreement on a matter on or | ||||||
3 | before February 1 of a school year in order for the agreement | ||||||
4 | of the joint committee to apply to the sequence of dismissal | ||||||
5 | determined during that school year. Subject to the February 1 | ||||||
6 | deadline for agreements, the agreement of a joint committee on | ||||||
7 | a matter shall apply to the sequence of dismissal until the | ||||||
8 | agreement is amended or terminated by the joint committee. | ||||||
9 | The provisions of the Open Meetings Act shall not apply to | ||||||
10 | meetings of a joint committee created under this subsection | ||||||
11 | (c). | ||||||
12 | (d) Notwithstanding anything to the contrary in this | ||||||
13 | subsection (d), the requirements and dismissal procedures of | ||||||
14 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
15 | sought under Section 24-16.5 of this Code. | ||||||
16 | (1) If a dismissal of a teacher in contractual | ||||||
17 | continued service is sought for any reason or cause other | ||||||
18 | than an honorable dismissal under subsections (a) or (b) | ||||||
19 | of this Section or a dismissal sought under Section | ||||||
20 | 24-16.5 of this Code,
including those under Section | ||||||
21 | 10-22.4, the board must first approve a
motion containing | ||||||
22 | specific charges by a majority vote of all its
members. | ||||||
23 | Written notice of such charges, including a bill of | ||||||
24 | particulars and the teacher's right to request a hearing, | ||||||
25 | must be mailed to the teacher and also given to the teacher | ||||||
26 | either by electronic mail, certified mail, return receipt |
| |||||||
| |||||||
1 | requested, or personal delivery with receipt
within 5 days | ||||||
2 | of the adoption of the motion. Any written notice sent on | ||||||
3 | or after July 1, 2012 shall inform the teacher of the right | ||||||
4 | to request a hearing before a mutually selected hearing | ||||||
5 | officer, with the cost of the hearing officer split | ||||||
6 | equally between the teacher and the board, or a hearing | ||||||
7 | before a board-selected hearing officer, with the cost of | ||||||
8 | the hearing officer paid by the board. | ||||||
9 | Before setting a hearing on charges stemming from | ||||||
10 | causes that are considered remediable, a board must give | ||||||
11 | the teacher reasonable warning in writing, stating | ||||||
12 | specifically the causes that, if not removed, may result | ||||||
13 | in charges; however, no such written warning is required | ||||||
14 | if the causes have been the subject of a remediation plan | ||||||
15 | pursuant to Article 24A of this Code. | ||||||
16 | If, in the opinion of the board, the interests of the | ||||||
17 | school require it, the board may suspend the teacher | ||||||
18 | without pay, pending the hearing, but if the board's | ||||||
19 | dismissal or removal is not sustained, the teacher shall | ||||||
20 | not suffer the loss of any salary or benefits by reason of | ||||||
21 | the suspension. | ||||||
22 | (2) No hearing upon the charges is required unless the
| ||||||
23 | teacher within 17 days after receiving notice requests in | ||||||
24 | writing of the
board that a hearing be scheduled before a | ||||||
25 | mutually selected hearing officer or a hearing officer | ||||||
26 | selected by the board.
The secretary of the school board |
| |||||||
| |||||||
1 | shall forward a copy of the notice to the
State Board of | ||||||
2 | Education. | ||||||
3 | (3) Within 5 business days after receiving a notice of
| ||||||
4 | hearing in which either notice to the teacher was sent | ||||||
5 | before July 1, 2012 or, if the notice was sent on or after | ||||||
6 | July 1, 2012, the teacher has requested a hearing before a | ||||||
7 | mutually selected hearing officer, the State Board of | ||||||
8 | Education shall provide a list of 5
prospective, impartial | ||||||
9 | hearing officers from the master list of qualified, | ||||||
10 | impartial hearing officers maintained by the State Board | ||||||
11 | of Education. Each person on the master list must (i) be
| ||||||
12 | accredited by a national arbitration organization and have | ||||||
13 | had a minimum of 5
years of experience directly related to | ||||||
14 | labor and employment
relations matters between employers | ||||||
15 | and employees or
their exclusive bargaining | ||||||
16 | representatives and (ii) beginning September 1, 2012, have | ||||||
17 | participated in training provided or approved by the State | ||||||
18 | Board of Education for teacher dismissal hearing officers | ||||||
19 | so that he or she is familiar with issues generally | ||||||
20 | involved in evaluative and non-evaluative dismissals. | ||||||
21 | If notice to the teacher was sent before July 1, 2012 | ||||||
22 | or, if the notice was sent on or after July 1, 2012, the | ||||||
23 | teacher has requested a hearing before a mutually selected | ||||||
24 | hearing officer, the board and the teacher or their
legal | ||||||
25 | representatives within 3 business days shall alternately | ||||||
26 | strike one name from
the list provided by the State Board |
| |||||||
| |||||||
1 | of Education until only one name remains. Unless waived by | ||||||
2 | the teacher, the
teacher shall have the right to
proceed | ||||||
3 | first with the striking.
Within 3 business days of receipt | ||||||
4 | of the list provided by the State Board of
Education, the | ||||||
5 | board and the teacher or their legal representatives shall | ||||||
6 | each
have the right to reject all prospective hearing | ||||||
7 | officers named on the
list and notify the State Board of | ||||||
8 | Education of such rejection. Within 3 business days after | ||||||
9 | receiving this notification, the State
Board of Education | ||||||
10 | shall appoint a qualified person from the master list who | ||||||
11 | did not appear on the list sent to the parties to serve as | ||||||
12 | the hearing officer, unless the parties notify it that | ||||||
13 | they have chosen to alternatively select a hearing officer | ||||||
14 | under paragraph (4) of this subsection (d). | ||||||
15 | If the teacher has requested a hearing before a | ||||||
16 | hearing officer selected by the board, the board shall | ||||||
17 | select one name from the master list of qualified | ||||||
18 | impartial hearing officers maintained by the State Board | ||||||
19 | of Education within 3 business days after receipt and | ||||||
20 | shall notify the State Board of Education of its | ||||||
21 | selection. | ||||||
22 | A hearing officer mutually selected by the parties, | ||||||
23 | selected by the board, or selected through an alternative | ||||||
24 | selection process under paragraph (4) of this subsection | ||||||
25 | (d) (A) must not be a resident of the school district, (B) | ||||||
26 | must be available to commence the hearing within 75 days |
| |||||||
| |||||||
1 | and conclude the hearing within 120 days after being | ||||||
2 | selected as the hearing officer, and (C) must issue a | ||||||
3 | decision as to whether the teacher must be dismissed and | ||||||
4 | give a copy of that decision to both the teacher and the | ||||||
5 | board within 30 days from the conclusion of the hearing or | ||||||
6 | closure of the record, whichever is later. | ||||||
7 | Any hearing convened during a public health emergency | ||||||
8 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
9 | Agency Act may be convened remotely. Any hearing officer | ||||||
10 | for a hearing convened during a public health emergency | ||||||
11 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
12 | Agency Act may voluntarily withdraw from the hearing and | ||||||
13 | another hearing officer shall be selected or appointed | ||||||
14 | pursuant to this Section. | ||||||
15 | In this paragraph, "pre-hearing procedures" refers to | ||||||
16 | the pre-hearing procedures under Section 51.55 of Title 23 | ||||||
17 | of the Illinois Administrative Code and "hearing" refers | ||||||
18 | to the hearing under Section 51.60 of Title 23 of the | ||||||
19 | Illinois Administrative Code. Any teacher who has been | ||||||
20 | charged with engaging in acts of corporal punishment, | ||||||
21 | physical abuse, grooming, or sexual misconduct and who | ||||||
22 | previously paused pre-hearing procedures or a hearing | ||||||
23 | pursuant to Public Act 101-643 must proceed with selection | ||||||
24 | of a hearing officer or hearing date, or both, within the | ||||||
25 | timeframes established by this paragraph (3) and | ||||||
26 | paragraphs (4) through (6) of this subsection (d), unless |
| |||||||
| |||||||
1 | the timeframes are mutually waived in writing by both | ||||||
2 | parties, and all timelines set forth in this Section in | ||||||
3 | cases concerning corporal punishment, physical abuse, | ||||||
4 | grooming, or sexual misconduct shall be reset to begin the | ||||||
5 | day after the effective date of this amendatory Act of the | ||||||
6 | 102nd General Assembly. Any teacher charged with engaging | ||||||
7 | in acts of corporal punishment, physical abuse, grooming, | ||||||
8 | or sexual misconduct on or after the effective date of | ||||||
9 | this amendatory Act of the 102nd General Assembly may not | ||||||
10 | pause pre-hearing procedures or a hearing. | ||||||
11 | (4) In the alternative
to selecting a hearing officer | ||||||
12 | from the list received from the
State Board of Education | ||||||
13 | or accepting the appointment of a hearing officer by the | ||||||
14 | State Board of Education or if the State Board of | ||||||
15 | Education cannot provide a list or appoint a hearing | ||||||
16 | officer that meets the foregoing requirements, the board | ||||||
17 | and the teacher or their legal
representatives may | ||||||
18 | mutually agree to select an impartial hearing officer who
| ||||||
19 | is not on the master list either by direct
appointment by | ||||||
20 | the parties or by using procedures for the appointment of | ||||||
21 | an
arbitrator established by the Federal Mediation and | ||||||
22 | Conciliation Service or the
American Arbitration | ||||||
23 | Association. The parties shall notify the State Board of
| ||||||
24 | Education of their intent to select a hearing officer | ||||||
25 | using an alternative
procedure within 3 business days of | ||||||
26 | receipt of a list of prospective hearing officers
provided |
| |||||||
| |||||||
1 | by the State Board of Education, notice of appointment of | ||||||
2 | a hearing officer by the State Board of Education, or | ||||||
3 | receipt of notice from the State Board of Education that | ||||||
4 | it cannot provide a list that meets the foregoing | ||||||
5 | requirements, whichever is later. | ||||||
6 | (5) If the notice of dismissal was sent to the teacher | ||||||
7 | before July 1, 2012, the fees and costs for the hearing | ||||||
8 | officer must be paid by the State Board of Education. If | ||||||
9 | the notice of dismissal was sent to the teacher on or after | ||||||
10 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
11 | paid as follows in this paragraph (5). The fees and | ||||||
12 | permissible costs for the hearing officer must be | ||||||
13 | determined by the State Board of Education. If the board | ||||||
14 | and the teacher or their legal representatives mutually | ||||||
15 | agree to select an impartial hearing officer who is not on | ||||||
16 | a list received from the State Board of Education, they | ||||||
17 | may agree to supplement the fees determined by the State | ||||||
18 | Board to the hearing officer, at a rate consistent with | ||||||
19 | the hearing officer's published professional fees. If the | ||||||
20 | hearing officer is mutually selected by the parties, then | ||||||
21 | the board and the teacher or their legal representatives | ||||||
22 | shall each pay 50% of the fees and costs and any | ||||||
23 | supplemental allowance to which they agree. If the hearing | ||||||
24 | officer is selected by the board, then the board shall pay | ||||||
25 | 100% of the hearing officer's fees and costs. The fees and | ||||||
26 | costs must be paid to the hearing officer within 14 days |
| |||||||
| |||||||
1 | after the board and the teacher or their legal | ||||||
2 | representatives receive the hearing officer's decision set | ||||||
3 | forth in paragraph (7) of this subsection (d). | ||||||
4 | (6) The teacher is required to answer the bill of | ||||||
5 | particulars and aver affirmative matters in his or her | ||||||
6 | defense, and the time for initially doing so and the time | ||||||
7 | for updating such answer and defenses after pre-hearing | ||||||
8 | discovery must be set by the hearing officer.
The State | ||||||
9 | Board of Education shall
promulgate rules so that each | ||||||
10 | party has a fair opportunity to present its case and to | ||||||
11 | ensure that the dismissal process proceeds in a fair and | ||||||
12 | expeditious manner. These rules shall address, without | ||||||
13 | limitation, discovery and hearing scheduling conferences; | ||||||
14 | the teacher's initial answer and affirmative defenses to | ||||||
15 | the bill of particulars and the updating of that | ||||||
16 | information after pre-hearing discovery; provision for | ||||||
17 | written interrogatories and requests for production of | ||||||
18 | documents; the requirement that each party initially | ||||||
19 | disclose to the other party and then update the disclosure | ||||||
20 | no later than 10 calendar days prior to the commencement | ||||||
21 | of the hearing, the names and addresses of persons who may | ||||||
22 | be called as
witnesses at the hearing, a summary of the | ||||||
23 | facts or opinions each witness will testify to, and all | ||||||
24 | other
documents and materials, including information | ||||||
25 | maintained electronically, relevant to its own as well as | ||||||
26 | the other party's case (the hearing officer may exclude |
| |||||||
| |||||||
1 | witnesses and exhibits not identified and shared, except | ||||||
2 | those offered in rebuttal for which the party could not | ||||||
3 | reasonably have anticipated prior to the hearing); | ||||||
4 | pre-hearing discovery and preparation, including provision | ||||||
5 | for written interrogatories and requests for production of | ||||||
6 | documents, provided that discovery depositions are | ||||||
7 | prohibited; the conduct of the hearing; the right of each | ||||||
8 | party to be represented by counsel, the offer of evidence | ||||||
9 | and witnesses and the cross-examination of witnesses; the | ||||||
10 | authority of the hearing officer to issue subpoenas and | ||||||
11 | subpoenas duces tecum, provided that the hearing officer | ||||||
12 | may limit the number of witnesses to be subpoenaed on | ||||||
13 | behalf of each party to no more than 7; the length of | ||||||
14 | post-hearing briefs; and the form, length, and content of | ||||||
15 | hearing officers' decisions. The hearing officer
shall | ||||||
16 | hold a hearing and render a final decision for dismissal | ||||||
17 | pursuant to Article 24A of this Code or shall report to the | ||||||
18 | school board findings of fact and a recommendation as to | ||||||
19 | whether or not the teacher must be dismissed for conduct. | ||||||
20 | The hearing officer shall commence the hearing within 75 | ||||||
21 | days and conclude the hearing within 120 days after being | ||||||
22 | selected as the hearing officer, provided that the hearing | ||||||
23 | officer may modify these timelines upon the showing of | ||||||
24 | good cause or mutual agreement of the parties. Good cause | ||||||
25 | for the purpose of this subsection (d) shall mean the | ||||||
26 | illness or otherwise unavoidable emergency of the teacher, |
| |||||||
| |||||||
1 | district representative, their legal representatives, the | ||||||
2 | hearing officer, or an essential witness as indicated in | ||||||
3 | each party's pre-hearing submission. In a dismissal | ||||||
4 | hearing pursuant to Article 24A of this Code in which a | ||||||
5 | witness is a student or is under the age of 18, the hearing | ||||||
6 | officer must make accommodations for the witness, as | ||||||
7 | provided under paragraph (6.5) of this subsection. The | ||||||
8 | hearing officer shall consider and give weight to all of | ||||||
9 | the teacher's evaluations written pursuant to Article 24A | ||||||
10 | that are relevant to the issues in the hearing. | ||||||
11 | Each party shall have no more than 3 days to present | ||||||
12 | its case, unless extended by the hearing officer to enable | ||||||
13 | a party to present adequate evidence and testimony, | ||||||
14 | including due to the other party's cross-examination of | ||||||
15 | the party's witnesses, for good cause or by mutual | ||||||
16 | agreement of the parties. The State Board of Education | ||||||
17 | shall define in rules the meaning of "day" for such | ||||||
18 | purposes. All testimony at the hearing shall be taken | ||||||
19 | under oath
administered by the hearing officer. The | ||||||
20 | hearing officer shall cause a
record of the proceedings to | ||||||
21 | be kept and shall employ a competent reporter
to take | ||||||
22 | stenographic or stenotype notes of all the testimony. The | ||||||
23 | costs of
the reporter's attendance and services at the | ||||||
24 | hearing shall be paid by the party or parties who are | ||||||
25 | responsible for paying the fees and costs of the hearing | ||||||
26 | officer. Either party desiring a transcript of the hearing
|
| |||||||
| |||||||
1 | shall pay for the cost thereof. Any post-hearing briefs | ||||||
2 | must be submitted by the parties by no later than 21 days | ||||||
3 | after a party's receipt of the transcript of the hearing, | ||||||
4 | unless extended by the hearing officer for good cause or | ||||||
5 | by mutual agreement of the parties. | ||||||
6 | (6.5) In the case of charges involving sexual abuse or | ||||||
7 | severe physical abuse of a student or a person under the | ||||||
8 | age of 18, the hearing officer shall make alternative | ||||||
9 | hearing procedures to protect a witness who is a student | ||||||
10 | or who is under the age of 18 from being intimidated or | ||||||
11 | traumatized. Alternative hearing procedures may include, | ||||||
12 | but are not limited to: (i) testimony made via a | ||||||
13 | telecommunication device in a location other than the | ||||||
14 | hearing room and outside the physical presence of the | ||||||
15 | teacher and other hearing participants, (ii) testimony | ||||||
16 | outside the physical presence of the teacher, or (iii) | ||||||
17 | non-public testimony. During a testimony described under | ||||||
18 | this subsection, each party must be permitted to ask a | ||||||
19 | witness who is a student or who is under 18 years of age | ||||||
20 | all relevant questions and follow-up questions. All | ||||||
21 | questions must exclude evidence of the witness' sexual | ||||||
22 | behavior or predisposition, unless the evidence is offered | ||||||
23 | to prove that someone other than the teacher subject to | ||||||
24 | the dismissal hearing engaged in the charge at issue. | ||||||
25 | (7) The hearing officer shall, within 30 days from the | ||||||
26 | conclusion of the
hearing or closure of the record, |
| |||||||
| |||||||
1 | whichever is later,
make a decision as to whether or not | ||||||
2 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
3 | this Code or report to the school board findings of fact | ||||||
4 | and a recommendation as to whether or not the teacher | ||||||
5 | shall be dismissed for cause and
shall give a copy of the | ||||||
6 | decision or findings of fact and recommendation to both | ||||||
7 | the teacher and the school
board.
If a hearing officer | ||||||
8 | fails
without good cause, specifically provided in writing | ||||||
9 | to both parties and the State Board of Education, to | ||||||
10 | render a decision or findings of fact and recommendation | ||||||
11 | within 30 days after the hearing is
concluded or the
| ||||||
12 | record is closed, whichever is later,
the
parties may | ||||||
13 | mutually agree to select a hearing officer pursuant to the
| ||||||
14 | alternative
procedure, as provided in this Section,
to | ||||||
15 | rehear the charges heard by the hearing officer who failed | ||||||
16 | to render a
decision or findings of fact and | ||||||
17 | recommendation or to review the record and render a | ||||||
18 | decision.
If any hearing
officer fails without good cause, | ||||||
19 | specifically provided in writing to both parties and the | ||||||
20 | State Board of Education, to render a decision or findings | ||||||
21 | of fact and recommendation within 30 days after the
| ||||||
22 | hearing is concluded or the record is closed, whichever is | ||||||
23 | later, the hearing
officer shall be removed
from the | ||||||
24 | master
list of hearing officers maintained by the State | ||||||
25 | Board of Education for not more than 24 months. The | ||||||
26 | parties and the State Board of Education may also take |
| |||||||
| |||||||
1 | such other actions as it deems appropriate, including | ||||||
2 | recovering, reducing, or withholding any fees paid or to | ||||||
3 | be paid to the hearing officer. If any hearing officer | ||||||
4 | repeats such failure, he or she must be permanently | ||||||
5 | removed from the master list maintained by the State Board | ||||||
6 | of Education and may not be selected by parties through | ||||||
7 | the alternative selection process under this paragraph (7) | ||||||
8 | or paragraph (4) of this subsection (d).
The board shall | ||||||
9 | not lose jurisdiction to discharge a teacher if the | ||||||
10 | hearing
officer fails to render a decision or findings of | ||||||
11 | fact and recommendation within the time specified in this
| ||||||
12 | Section. If the decision of the hearing officer for | ||||||
13 | dismissal pursuant to Article 24A of this Code or of the | ||||||
14 | school board for dismissal for cause is in favor of the | ||||||
15 | teacher, then the hearing officer or school board shall | ||||||
16 | order reinstatement to the same or substantially | ||||||
17 | equivalent position and shall determine the amount for | ||||||
18 | which the school board is liable, including, but not | ||||||
19 | limited to, loss of income and benefits. | ||||||
20 | (8) The school board, within 45 days after receipt of | ||||||
21 | the hearing officer's findings of fact and recommendation | ||||||
22 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
23 | conduct that did occur was remediable, and (iii) the | ||||||
24 | proposed dismissal should be sustained, shall issue a | ||||||
25 | written order as to whether the teacher must be retained | ||||||
26 | or dismissed for cause from its employ. The school board's |
| |||||||
| |||||||
1 | written order shall incorporate the hearing officer's | ||||||
2 | findings of fact, except that the school board may modify | ||||||
3 | or supplement the findings of fact if, in its opinion, the | ||||||
4 | findings of fact are against the manifest weight of the | ||||||
5 | evidence. | ||||||
6 | If the school board dismisses the teacher | ||||||
7 | notwithstanding the hearing officer's findings of fact and | ||||||
8 | recommendation, the school board shall make a conclusion | ||||||
9 | in its written order, giving its reasons therefor, and | ||||||
10 | such conclusion and reasons must be included in its | ||||||
11 | written order. The failure of the school board to strictly | ||||||
12 | adhere to the timelines contained in this Section shall | ||||||
13 | not render it without jurisdiction to dismiss the teacher. | ||||||
14 | The school board shall not lose jurisdiction to discharge | ||||||
15 | the teacher for cause if the hearing officer fails to | ||||||
16 | render a recommendation within the time specified in this | ||||||
17 | Section. The decision of the school board is final, unless | ||||||
18 | reviewed as provided in paragraph (9) of this subsection | ||||||
19 | (d). | ||||||
20 | If the school board retains the teacher, the school | ||||||
21 | board shall enter a written order stating the amount of | ||||||
22 | back pay and lost benefits, less mitigation, to be paid to | ||||||
23 | the teacher, within 45 days after its retention order. | ||||||
24 | Should the teacher object to the amount of the back pay and | ||||||
25 | lost benefits or amount mitigated, the teacher shall give | ||||||
26 | written objections to the amount within 21 days. If the |
| |||||||
| |||||||
1 | parties fail to reach resolution within 7 days, the | ||||||
2 | dispute shall be referred to the hearing officer, who | ||||||
3 | shall consider the school board's written order and | ||||||
4 | teacher's written objection and determine the amount to | ||||||
5 | which the school board is liable. The costs of the hearing | ||||||
6 | officer's review and determination must be paid by the | ||||||
7 | board. | ||||||
8 | (9)
The decision of the hearing officer pursuant to | ||||||
9 | Article 24A of this Code or of the school board's decision | ||||||
10 | to dismiss for cause is final unless reviewed as
provided | ||||||
11 | in Section 24-16 of this Code. If the school board's | ||||||
12 | decision to dismiss for cause is contrary to the hearing | ||||||
13 | officer's recommendation, the court on review shall give | ||||||
14 | consideration to the school board's decision and its | ||||||
15 | supplemental findings of fact, if applicable, and the | ||||||
16 | hearing officer's findings of fact and recommendation in | ||||||
17 | making its decision. In the event such review is
| ||||||
18 | instituted, the school board shall be responsible for | ||||||
19 | preparing and filing the record of proceedings, and such | ||||||
20 | costs associated therewith must be divided equally between | ||||||
21 | the parties.
| ||||||
22 | (10) If a decision of the hearing officer for | ||||||
23 | dismissal pursuant to Article 24A of this Code or of the | ||||||
24 | school board for dismissal for cause is adjudicated upon | ||||||
25 | review or
appeal in favor of the teacher, then the trial | ||||||
26 | court shall order
reinstatement and shall remand the |
| |||||||
| |||||||
1 | matter to the school board with direction for entry of an | ||||||
2 | order setting the amount of back pay, lost benefits, and | ||||||
3 | costs, less mitigation. The teacher may challenge the | ||||||
4 | school board's order setting the amount of back pay, lost | ||||||
5 | benefits, and costs, less mitigation, through an expedited | ||||||
6 | arbitration procedure, with the costs of the arbitrator | ||||||
7 | borne by the school board.
| ||||||
8 | Any teacher who is reinstated by any hearing or | ||||||
9 | adjudication brought
under this Section shall be assigned | ||||||
10 | by the board to a position
substantially similar to the | ||||||
11 | one which that teacher held prior to that
teacher's | ||||||
12 | suspension or dismissal.
| ||||||
13 | (11) Subject to any later effective date referenced in | ||||||
14 | this Section for a specific aspect of the dismissal | ||||||
15 | process, the changes made by Public Act 97-8 shall apply | ||||||
16 | to dismissals instituted on or after September 1, 2011. | ||||||
17 | Any dismissal instituted prior to September 1, 2011 must | ||||||
18 | be carried out in accordance with the requirements of this | ||||||
19 | Section prior to amendment by Public Act 97-8.
| ||||||
20 | (e) Nothing contained in Public Act 98-648 repeals, | ||||||
21 | supersedes, invalidates, or nullifies final decisions in | ||||||
22 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
23 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
24 | Public Act 97-8. | ||||||
25 | (Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
26 | 101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
| ||||||
2 | Sec. 34-84. Appointments and promotions of teachers. | ||||||
3 | Appointments and
promotions of teachers shall be made for | ||||||
4 | merit
only, and after satisfactory service for a probationary | ||||||
5 | period of 3 years
with respect to probationary employees | ||||||
6 | employed as full-time teachers in the
public school system of | ||||||
7 | the district before January 1, 1998 or on or after January 1, | ||||||
8 | 2024 and 4 years with
respect to probationary employees who | ||||||
9 | are first employed as full-time teachers
in the public school | ||||||
10 | system of the district on or after January 1, 1998 but before | ||||||
11 | January 1, 2024 ,
during which period the board may dismiss or | ||||||
12 | discharge any
such probationary employee upon the | ||||||
13 | recommendation, accompanied by the
written reasons therefor, | ||||||
14 | of the general superintendent of schools and after which | ||||||
15 | period
appointments of teachers shall become permanent, | ||||||
16 | subject to removal for cause
in the manner provided by Section | ||||||
17 | 34-85.
| ||||||
18 | For a probationary-appointed teacher in full-time service | ||||||
19 | who is appointed on or after July 1, 2013 and who receives | ||||||
20 | ratings of "excellent" during his or her first 3 school terms | ||||||
21 | of full-time service, the probationary period shall be 3 | ||||||
22 | school terms of full-time service.
For a | ||||||
23 | probationary-appointed teacher in full-time service who is | ||||||
24 | appointed on or after July 1, 2013 and who had previously | ||||||
25 | entered into contractual continued service in another school |
| |||||||
| |||||||
1 | district in this State or a program of a special education | ||||||
2 | joint agreement in this State, as defined in Section 24-11 of | ||||||
3 | this Code, the probationary period shall be 2 school terms of | ||||||
4 | full-time service, provided that (i) the teacher voluntarily | ||||||
5 | resigned or was honorably dismissed from the prior district or | ||||||
6 | program within the 3-month period preceding his or her | ||||||
7 | appointment date, (ii) the teacher's last 2 ratings in the | ||||||
8 | prior district or program were at least "proficient" and were | ||||||
9 | issued after the prior district's or program's PERA | ||||||
10 | implementation date, as defined in Section 24-11 of this Code, | ||||||
11 | and (iii) the teacher receives ratings of "excellent" during | ||||||
12 | his or her first 2 school terms of full-time service. | ||||||
13 | For a probationary-appointed teacher in full-time service | ||||||
14 | who is appointed on or after July 1, 2013 and who has not | ||||||
15 | entered into contractual continued service after 2 or 3 school | ||||||
16 | terms of full-time service as provided in this Section, the | ||||||
17 | probationary period shall be 3 4 school terms of full-time | ||||||
18 | service, provided that the teacher holds a Professional | ||||||
19 | Educator License and receives a rating of at least | ||||||
20 | "proficient" in the last school term and a rating of at least | ||||||
21 | "proficient" in either the second or third school term. | ||||||
22 | As used in this Section, "school term" means the school | ||||||
23 | term established by the board pursuant to Section 10-19 of | ||||||
24 | this Code, and "full-time service" means the teacher has | ||||||
25 | actually worked at least 150 days during the school term. As | ||||||
26 | used in this Article, "teachers" means and includes all |
| |||||||
| |||||||
1 | members of
the teaching force excluding the general | ||||||
2 | superintendent and principals. | ||||||
3 | There shall be no reduction in teachers because of a | ||||||
4 | decrease in
student membership or a change in subject | ||||||
5 | requirements within the
attendance center organization after | ||||||
6 | the 20th day following the first day
of the school year, except | ||||||
7 | that: (1) this provision shall not apply to
desegregation | ||||||
8 | positions, special education positions, or any other positions
| ||||||
9 | funded by State or federal categorical funds, and (2) at | ||||||
10 | attendance centers
maintaining any of grades 9 through 12, | ||||||
11 | there may be a second reduction in
teachers on the first day of | ||||||
12 | the second semester of the regular school
term because of a | ||||||
13 | decrease in student membership or a change in subject
| ||||||
14 | requirements within the attendance center organization.
| ||||||
15 | The school principal shall make the decision
in selecting | ||||||
16 | teachers to fill new and vacant positions consistent with
| ||||||
17 | Section 34-8.1.
| ||||||
18 | (Source: P.A. 97-8, eff. 6-13-11.)
| ||||||
19 | Section 99. Effective date. This Act takes effect July 1, | ||||||
20 | 2023.".
|