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Illinois House Bill HB2846

Illinois 2023-2024 Regular Session

Illinois House Bill HB2846 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2846 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 105 ILCS 5/24-11 from Ch. 122, par. 24-11 Amends the Employment of Teachers Article of the School Code. Makes changes to the probationary periods pertaining to attaining contractual continued service. For the first probationary period, requires the teacher to be employed for 3 (rather than 4) consecutive school terms of service in which the teacher receives overall annual evaluation ratings of at least "Proficient" in the second and third school terms (rather than overall annual evaluation ratings of at least "Proficient" in the last school term and at least "Proficient" in either the second or third school term). For the second probationary period, requires the teacher to serve for 2 (rather than 3) consecutive school terms of service in which the teacher receives 2 (rather than 3) overall annual evaluations of "Excellent". Effective July 1, 2023. LRB103 25986 RJT 52340 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2846 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED: 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11 Amends the Employment of Teachers Article of the School Code. Makes changes to the probationary periods pertaining to attaining contractual continued service. For the first probationary period, requires the teacher to be employed for 3 (rather than 4) consecutive school terms of service in which the teacher receives overall annual evaluation ratings of at least "Proficient" in the second and third school terms (rather than overall annual evaluation ratings of at least "Proficient" in the last school term and at least "Proficient" in either the second or third school term). For the second probationary period, requires the teacher to serve for 2 (rather than 3) consecutive school terms of service in which the teacher receives 2 (rather than 3) overall annual evaluations of "Excellent". Effective July 1, 2023. LRB103 25986 RJT 52340 b LRB103 25986 RJT 52340 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2846 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11
44 105 ILCS 5/24-11 from Ch. 122, par. 24-11
55 Amends the Employment of Teachers Article of the School Code. Makes changes to the probationary periods pertaining to attaining contractual continued service. For the first probationary period, requires the teacher to be employed for 3 (rather than 4) consecutive school terms of service in which the teacher receives overall annual evaluation ratings of at least "Proficient" in the second and third school terms (rather than overall annual evaluation ratings of at least "Proficient" in the last school term and at least "Proficient" in either the second or third school term). For the second probationary period, requires the teacher to serve for 2 (rather than 3) consecutive school terms of service in which the teacher receives 2 (rather than 3) overall annual evaluations of "Excellent". Effective July 1, 2023.
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 24-11 as follows:
1616 6 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
1717 7 Sec. 24-11. Boards of Education - Boards of School
1818 8 Inspectors - Contractual continued service.
1919 9 (a) As used in this and the succeeding Sections of this
2020 10 Article:
2121 11 "Teacher" means any or all school district employees
2222 12 regularly required to be licensed under laws relating to the
2323 13 licensure of teachers.
2424 14 "Board" means board of directors, board of education, or
2525 15 board of school inspectors, as the case may be.
2626 16 "School term" means that portion of the school year, July
2727 17 1 to the following June 30, when school is in actual session.
2828 18 "Program" means a program of a special education joint
2929 19 agreement.
3030 20 "Program of a special education joint agreement" means
3131 21 instructional, consultative, supervisory, administrative,
3232 22 diagnostic, and related services that are managed by a special
3333 23 educational joint agreement designed to service 2 or more
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2846 Introduced , by Rep. Dave Vella SYNOPSIS AS INTRODUCED:
3838 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11
3939 105 ILCS 5/24-11 from Ch. 122, par. 24-11
4040 Amends the Employment of Teachers Article of the School Code. Makes changes to the probationary periods pertaining to attaining contractual continued service. For the first probationary period, requires the teacher to be employed for 3 (rather than 4) consecutive school terms of service in which the teacher receives overall annual evaluation ratings of at least "Proficient" in the second and third school terms (rather than overall annual evaluation ratings of at least "Proficient" in the last school term and at least "Proficient" in either the second or third school term). For the second probationary period, requires the teacher to serve for 2 (rather than 3) consecutive school terms of service in which the teacher receives 2 (rather than 3) overall annual evaluations of "Excellent". Effective July 1, 2023.
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6868 1 school districts that are members of the joint agreement.
6969 2 "PERA implementation date" means the implementation date
7070 3 of an evaluation system for teachers as specified by Section
7171 4 24A-2.5 of this Code for all schools within a school district
7272 5 or all programs of a special education joint agreement.
7373 6 (b) This Section and Sections 24-12 through 24-16 of this
7474 7 Article apply only to school districts having less than
7575 8 500,000 inhabitants.
7676 9 (c) Any teacher who is first employed as a full-time
7777 10 teacher in a school district or program prior to the PERA
7878 11 implementation date and who is employed in that district or
7979 12 program for a probationary period of 4 consecutive school
8080 13 terms shall enter upon contractual continued service in the
8181 14 district or in all of the programs that the teacher is legally
8282 15 qualified to hold, unless the teacher is given written notice
8383 16 of dismissal by certified mail, return receipt requested, by
8484 17 the employing board at least 45 days before the end of any
8585 18 school term within such period.
8686 19 (d) For any teacher who is first employed as a full-time
8787 20 teacher in a school district or program on or after the PERA
8888 21 implementation date, the probationary period shall be one of
8989 22 the following periods, based upon the teacher's school terms
9090 23 of service and performance, before the teacher shall enter
9191 24 upon contractual continued service in the district or in all
9292 25 of the programs that the teacher is legally qualified to hold,
9393 26 unless the teacher is given written notice of dismissal by
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104104 1 certified mail, return receipt requested, by the employing
105105 2 board at least 45 days before the end of any school term within
106106 3 such period:
107107 4 (1) 3 4 consecutive school terms of service in which
108108 5 the teacher receives overall annual evaluation ratings of
109109 6 at least "Proficient" in the last school term and at least
110110 7 "Proficient" in either the second and or third school
111111 8 terms term;
112112 9 (2) 2 3 consecutive school terms of service in which
113113 10 the teacher receives 2 3 overall annual evaluations of
114114 11 "Excellent"; or
115115 12 (3) 2 consecutive school terms of service in which the
116116 13 teacher receives 2 overall annual evaluations of
117117 14 "Excellent" service, but only if the teacher (i)
118118 15 previously attained contractual continued service in a
119119 16 different school district or program in this State, (ii)
120120 17 voluntarily departed or was honorably dismissed from that
121121 18 school district or program in the school term immediately
122122 19 prior to the teacher's first school term of service
123123 20 applicable to the attainment of contractual continued
124124 21 service under this subdivision (3), and (iii) received, in
125125 22 his or her 2 most recent overall annual or biennial
126126 23 evaluations from the prior school district or program,
127127 24 ratings of at least "Proficient", with both such ratings
128128 25 occurring after the school district's or program's PERA
129129 26 implementation date. For a teacher to attain contractual
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140140 1 continued service under this subdivision (3), the teacher
141141 2 shall provide official copies of his or her 2 most recent
142142 3 overall annual or biennial evaluations from the prior
143143 4 school district or program to the new school district or
144144 5 program within 60 days from the teacher's first day of
145145 6 service with the new school district or program. The prior
146146 7 school district or program must provide the teacher with
147147 8 official copies of his or her 2 most recent overall annual
148148 9 or biennial evaluations within 14 days after the teacher's
149149 10 request. If a teacher has requested such official copies
150150 11 prior to 45 days after the teacher's first day of service
151151 12 with the new school district or program and the teacher's
152152 13 prior school district or program fails to provide the
153153 14 teacher with the official copies required under this
154154 15 subdivision (3), then the time period for the teacher to
155155 16 submit the official copies to his or her new school
156156 17 district or program must be extended until 14 days after
157157 18 receipt of such copies from the prior school district or
158158 19 program. If the prior school district or program fails to
159159 20 provide the teacher with the official copies required
160160 21 under this subdivision (3) within 90 days from the
161161 22 teacher's first day of service with the new school
162162 23 district or program, then the new school district or
163163 24 program shall rely upon the teacher's own copies of his or
164164 25 her evaluations for purposes of this subdivision (3).
165165 26 If the teacher does not receive overall annual evaluations
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176176 1 of "Excellent" in the school terms necessary for eligibility
177177 2 to achieve accelerated contractual continued service in
178178 3 subdivisions (2) and (3) of this subsection (d), the teacher
179179 4 shall be eligible for contractual continued service pursuant
180180 5 to subdivision (1) of this subsection (d). If, at the
181181 6 conclusion of 4 consecutive school terms of service that count
182182 7 toward attainment of contractual continued service, the
183183 8 teacher's performance does not qualify the teacher for
184184 9 contractual continued service under subdivision (1) of this
185185 10 subsection (d), then the teacher shall not enter upon
186186 11 contractual continued service and shall be dismissed. If a
187187 12 performance evaluation is not conducted for any school term
188188 13 when such evaluation is required to be conducted under Section
189189 14 24A-5 of this Code, then the teacher's performance evaluation
190190 15 rating for such school term for purposes of determining the
191191 16 attainment of contractual continued service shall be deemed
192192 17 "Proficient", except that, during any time in which the
193193 18 Governor has declared a disaster due to a public health
194194 19 emergency pursuant to Section 7 of the Illinois Emergency
195195 20 Management Agency Act, this default to "Proficient" does not
196196 21 apply to any teacher who has entered into contractual
197197 22 continued service and who was deemed "Excellent" on his or her
198198 23 most recent evaluation. During any time in which the Governor
199199 24 has declared a disaster due to a public health emergency
200200 25 pursuant to Section 7 of the Illinois Emergency Management
201201 26 Agency Act and unless the school board and any exclusive
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212212 1 bargaining representative have completed the performance
213213 2 rating for teachers or mutually agreed to an alternate
214214 3 performance rating, any teacher who has entered into
215215 4 contractual continued service, whose most recent evaluation
216216 5 was deemed "Excellent", and whose performance evaluation is
217217 6 not conducted when the evaluation is required to be conducted
218218 7 shall receive a teacher's performance rating deemed
219219 8 "Excellent". A school board and any exclusive bargaining
220220 9 representative may mutually agree to an alternate performance
221221 10 rating for teachers not in contractual continued service
222222 11 during any time in which the Governor has declared a disaster
223223 12 due to a public health emergency pursuant to Section 7 of the
224224 13 Illinois Emergency Management Agency Act, as long as the
225225 14 agreement is in writing.
226226 15 (e) For the purposes of determining contractual continued
227227 16 service, a school term shall be counted only toward attainment
228228 17 of contractual continued service if the teacher actually
229229 18 teaches or is otherwise present and participating in the
230230 19 district's or program's educational program for 120 days or
231231 20 more, provided that the days of leave under the federal Family
232232 21 Medical Leave Act that the teacher is required to take until
233233 22 the end of the school term shall be considered days of teaching
234234 23 or participation in the district's or program's educational
235235 24 program. A school term that is not counted toward attainment
236236 25 of contractual continued service shall not be considered a
237237 26 break in service for purposes of determining whether a teacher
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248248 1 has been employed for 4 consecutive school terms, provided
249249 2 that the teacher actually teaches or is otherwise present and
250250 3 participating in the district's or program's educational
251251 4 program in the following school term.
252252 5 (f) If the employing board determines to dismiss the
253253 6 teacher in the last year of the probationary period as
254254 7 provided in subsection (c) of this Section or subdivision (1)
255255 8 or (2) of subsection (d) of this Section, but not subdivision
256256 9 (3) of subsection (d) of this Section, the written notice of
257257 10 dismissal provided by the employing board must contain
258258 11 specific reasons for dismissal. Any full-time teacher who does
259259 12 not receive written notice from the employing board at least
260260 13 45 days before the end of any school term as provided in this
261261 14 Section and whose performance does not require dismissal after
262262 15 the fourth probationary year pursuant to subsection (d) of
263263 16 this Section shall be re-employed for the following school
264264 17 term.
265265 18 (g) Contractual continued service shall continue in effect
266266 19 the terms and provisions of the contract with the teacher
267267 20 during the last school term of the probationary period,
268268 21 subject to this Act and the lawful regulations of the
269269 22 employing board. This Section and succeeding Sections do not
270270 23 modify any existing power of the board except with respect to
271271 24 the procedure of the discharge of a teacher and reductions in
272272 25 salary as hereinafter provided. Contractual continued service
273273 26 status shall not restrict the power of the board to transfer a
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284284 1 teacher to a position which the teacher is qualified to fill or
285285 2 to make such salary adjustments as it deems desirable, but
286286 3 unless reductions in salary are uniform or based upon some
287287 4 reasonable classification, any teacher whose salary is reduced
288288 5 shall be entitled to a notice and a hearing as hereinafter
289289 6 provided in the case of certain dismissals or removals.
290290 7 (h) If, by reason of any change in the boundaries of school
291291 8 districts, by reason of a special education cooperative
292292 9 reorganization or dissolution in accordance with Section
293293 10 10-22.31 of this Code, or by reason of the creation of a new
294294 11 school district, the position held by any teacher having a
295295 12 contractual continued service status is transferred from one
296296 13 board to the control of a new or different board, then the
297297 14 contractual continued service status of the teacher is not
298298 15 thereby lost, and such new or different board is subject to
299299 16 this Code with respect to the teacher in the same manner as if
300300 17 the teacher were its employee and had been its employee during
301301 18 the time the teacher was actually employed by the board from
302302 19 whose control the position was transferred.
303303 20 (i) The employment of any teacher in a program of a special
304304 21 education joint agreement established under Section 3-15.14,
305305 22 10-22.31 or 10-22.31a shall be governed by this and succeeding
306306 23 Sections of this Article. For purposes of attaining and
307307 24 maintaining contractual continued service and computing length
308308 25 of continuing service as referred to in this Section and
309309 26 Section 24-12, employment in a special educational joint
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320320 1 program shall be deemed a continuation of all previous
321321 2 licensed employment of such teacher for such joint agreement
322322 3 whether the employer of the teacher was the joint agreement,
323323 4 the regional superintendent, or one of the participating
324324 5 districts in the joint agreement.
325325 6 (j) For any teacher employed after July 1, 1987 as a
326326 7 full-time teacher in a program of a special education joint
327327 8 agreement, whether the program is operated by the joint
328328 9 agreement or a member district on behalf of the joint
329329 10 agreement, in the event of a reduction in the number of
330330 11 programs or positions in the joint agreement in which the
331331 12 notice of dismissal is provided on or before the end of the
332332 13 2010-2011 school term, the teacher in contractual continued
333333 14 service is eligible for employment in the joint agreement
334334 15 programs for which the teacher is legally qualified in order
335335 16 of greater length of continuing service in the joint
336336 17 agreement, unless an alternative method of determining the
337337 18 sequence of dismissal is established in a collective
338338 19 bargaining agreement. For any teacher employed after July 1,
339339 20 1987 as a full-time teacher in a program of a special education
340340 21 joint agreement, whether the program is operated by the joint
341341 22 agreement or a member district on behalf of the joint
342342 23 agreement, in the event of a reduction in the number of
343343 24 programs or positions in the joint agreement in which the
344344 25 notice of dismissal is provided during the 2011-2012 school
345345 26 term or a subsequent school term, the teacher shall be
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356356 1 included on the honorable dismissal lists of all joint
357357 2 agreement programs for positions for which the teacher is
358358 3 qualified and is eligible for employment in such programs in
359359 4 accordance with subsections (b) and (c) of Section 24-12 of
360360 5 this Code and the applicable honorable dismissal policies of
361361 6 the joint agreement.
362362 7 (k) For any teacher employed after July 1, 1987 as a
363363 8 full-time teacher in a program of a special education joint
364364 9 agreement, whether the program is operated by the joint
365365 10 agreement or a member district on behalf of the joint
366366 11 agreement, in the event of the dissolution of a joint
367367 12 agreement, in which the notice to teachers of the dissolution
368368 13 is provided during the 2010-2011 school term, the teacher in
369369 14 contractual continued service who is legally qualified shall
370370 15 be assigned to any comparable position in a member district
371371 16 currently held by a teacher who has not entered upon
372372 17 contractual continued service or held by a teacher who has
373373 18 entered upon contractual continued service with a shorter
374374 19 length of contractual continued service. Any teacher employed
375375 20 after July 1, 1987 as a full-time teacher in a program of a
376376 21 special education joint agreement, whether the program is
377377 22 operated by the joint agreement or a member district on behalf
378378 23 of the joint agreement, in the event of the dissolution of a
379379 24 joint agreement in which the notice to teachers of the
380380 25 dissolution is provided during the 2011-2012 school term or a
381381 26 subsequent school term, the teacher who is qualified shall be
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392392 1 included on the order of honorable dismissal lists of each
393393 2 member district and shall be assigned to any comparable
394394 3 position in any such district in accordance with subsections
395395 4 (b) and (c) of Section 24-12 of this Code and the applicable
396396 5 honorable dismissal policies of each member district.
397397 6 (l) The governing board of the joint agreement, or the
398398 7 administrative district, if so authorized by the articles of
399399 8 agreement of the joint agreement, rather than the board of
400400 9 education of a school district, may carry out employment and
401401 10 termination actions including dismissals under this Section
402402 11 and Section 24-12.
403403 12 (m) The employment of any teacher in a special education
404404 13 program authorized by Section 14-1.01 through 14-14.01, or a
405405 14 joint educational program established under Section 10-22.31a,
406406 15 shall be under this and the succeeding Sections of this
407407 16 Article, and such employment shall be deemed a continuation of
408408 17 the previous employment of such teacher in any of the
409409 18 participating districts, regardless of the participation of
410410 19 other districts in the program.
411411 20 (n) Any teacher employed as a full-time teacher in a
412412 21 special education program prior to September 23, 1987 in which
413413 22 2 or more school districts participate for a probationary
414414 23 period of 2 consecutive years shall enter upon contractual
415415 24 continued service in each of the participating districts,
416416 25 subject to this and the succeeding Sections of this Article,
417417 26 and, notwithstanding Section 24-1.5 of this Code, in the event
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428428 1 of the termination of the program shall be eligible for any
429429 2 vacant position in any of such districts for which such
430430 3 teacher is qualified.
431431 4 (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22;
432432 5 102-854, eff. 5-13-22.)
433433 6 Section 99. Effective date. This Act takes effect July 1,
434434 7 2023.
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