Bill Text: IL SB2218 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Employment of Teachers Article of the School Code. Provides that a school board's sequence of honorable dismissal list shall include the race or ethnicity of a teacher if provided by the teacher. Effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0398 [SB2218 Detail]

Download: Illinois-2023-SB2218-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2218 Introduced 2/10/2023, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
105 ILCS 5/24-12 from Ch. 122, par. 24-12
Amends the Employment of Teachers Article of the School Code. Provides that a school board's sequence of honorable dismissal list shall include the race or ethnicity of a teacher if provided by the teacher. Effective January 1, 2024.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
SB2218 LRB103 25407 RJT 51754 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
24-12 as follows:
(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

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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

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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

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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 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

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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.

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(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

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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, along with the race or ethnicity of the
teacher if provided by the teacher, 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 45 days before the end of the school term.
Each year, each board shall also establish, in consultation

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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)

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

SB2218 - 31 - LRB103 25407 RJT 51754 b
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

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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.)
Section 99. Effective date. This Act takes effect January
1, 2024.