Illinois 2023-2024 Regular Session

Illinois House Bill HB3592 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0354
2	1		HB3592 EnrolledLRB103 29766 RJT 56172 b HB3592 Enrolled LRB103 29766 RJT 56172 b
3	2		HB3592 Enrolled LRB103 29766 RJT 56172 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Sections
8		-	24-12 and 34-85 as follows:
9		-	(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
10		-	Sec. 24-12. Removal or dismissal of teachers in
11		-	contractual continued service.
12		-	(a) This subsection (a) applies only to honorable
13		-	dismissals and recalls in which the notice of dismissal is
14		-	provided on or before the end of the 2010-2011 school term. If
15		-	a teacher in contractual continued service is removed or
16		-	dismissed as a result of a decision of the board to decrease
17		-	the number of teachers employed by the board or to discontinue
18		-	some particular type of teaching service, written notice shall
19		-	be mailed to the teacher and also given the teacher either by
20		-	certified mail, return receipt requested or personal delivery
21		-	with receipt at least 60 days before the end of the school
22		-	term, together with a statement of honorable dismissal and the
23		-	reason therefor, and in all such cases the board shall first
24		-	remove or dismiss all teachers who have not entered upon
25		-	contractual continued service before removing or dismissing
26		-	any teacher who has entered upon contractual continued service
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Sections
	7	+	5 24-12 and 34-85 as follows:
	8	+	6 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
	9	+	7 Sec. 24-12. Removal or dismissal of teachers in
	10	+	8 contractual continued service.
	11	+	9 (a) This subsection (a) applies only to honorable
	12	+	10 dismissals and recalls in which the notice of dismissal is
	13	+	11 provided on or before the end of the 2010-2011 school term. If
	14	+	12 a teacher in contractual continued service is removed or
	15	+	13 dismissed as a result of a decision of the board to decrease
	16	+	14 the number of teachers employed by the board or to discontinue
	17	+	15 some particular type of teaching service, written notice shall
	18	+	16 be mailed to the teacher and also given the teacher either by
	19	+	17 certified mail, return receipt requested or personal delivery
	20	+	18 with receipt at least 60 days before the end of the school
	21	+	19 term, together with a statement of honorable dismissal and the
	22	+	20 reason therefor, and in all such cases the board shall first
	23	+	21 remove or dismiss all teachers who have not entered upon
	24	+	22 contractual continued service before removing or dismissing
	25	+	23 any teacher who has entered upon contractual continued service
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30	29		HB3592 Enrolled LRB103 29766 RJT 56172 b
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33		-	and who is legally qualified to hold a position currently held
34		-	by a teacher who has not entered upon contractual continued
35		-	service.
36		-	As between teachers who have entered upon contractual
37		-	continued service, the teacher or teachers with the shorter
38		-	length of continuing service with the district shall be
39		-	dismissed first unless an alternative method of determining
40		-	the sequence of dismissal is established in a collective
41		-	bargaining agreement or contract between the board and a
42		-	professional faculty members' organization and except that
43		-	this provision shall not impair the operation of any
44		-	affirmative action program in the district, regardless of
45		-	whether it exists by operation of law or is conducted on a
46		-	voluntary basis by the board. Any teacher dismissed as a
47		-	result of such decrease or discontinuance shall be paid all
48		-	earned compensation on or before the third business day
49		-	following the last day of pupil attendance in the regular
50		-	school term.
51		-	If the board has any vacancies for the following school
52		-	term or within one calendar year from the beginning of the
53		-	following school term, the positions thereby becoming
54		-	available shall be tendered to the teachers so removed or
55		-	dismissed so far as they are legally qualified to hold such
56		-	positions; provided, however, that if the number of honorable
57		-	dismissal notices based on economic necessity exceeds 15% of
58		-	the number of full-time equivalent positions filled by
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	34	+	1 and who is legally qualified to hold a position currently held
	35	+	2 by a teacher who has not entered upon contractual continued
	36	+	3 service.
	37	+	4 As between teachers who have entered upon contractual
	38	+	5 continued service, the teacher or teachers with the shorter
	39	+	6 length of continuing service with the district shall be
	40	+	7 dismissed first unless an alternative method of determining
	41	+	8 the sequence of dismissal is established in a collective
	42	+	9 bargaining agreement or contract between the board and a
	43	+	10 professional faculty members' organization and except that
	44	+	11 this provision shall not impair the operation of any
	45	+	12 affirmative action program in the district, regardless of
	46	+	13 whether it exists by operation of law or is conducted on a
	47	+	14 voluntary basis by the board. Any teacher dismissed as a
	48	+	15 result of such decrease or discontinuance shall be paid all
	49	+	16 earned compensation on or before the third business day
	50	+	17 following the last day of pupil attendance in the regular
	51	+	18 school term.
	52	+	19 If the board has any vacancies for the following school
	53	+	20 term or within one calendar year from the beginning of the
	54	+	21 following school term, the positions thereby becoming
	55	+	22 available shall be tendered to the teachers so removed or
	56	+	23 dismissed so far as they are legally qualified to hold such
	57	+	24 positions; provided, however, that if the number of honorable
	58	+	25 dismissal notices based on economic necessity exceeds 15% of
	59	+	26 the number of full-time equivalent positions filled by
59	60
60	61
61		-	certified employees (excluding principals and administrative
62		-	personnel) during the preceding school year, then if the board
63		-	has any vacancies for the following school term or within 2
64		-	calendar years from the beginning of the following school
65		-	term, the positions so becoming available shall be tendered to
66		-	the teachers who were so notified and removed or dismissed
67		-	whenever they are legally qualified to hold such positions.
68		-	Each board shall, in consultation with any exclusive employee
69		-	representatives, each year establish a list, categorized by
70		-	positions, showing the length of continuing service of each
71		-	teacher who is qualified to hold any such positions, unless an
72		-	alternative method of determining a sequence of dismissal is
73		-	established as provided for in this Section, in which case a
74		-	list shall be made in accordance with the alternative method.
75		-	Copies of the list shall be distributed to the exclusive
76		-	employee representative on or before February 1 of each year.
77		-	Whenever the number of honorable dismissal notices based upon
78		-	economic necessity exceeds 5, or 150% of the average number of
79		-	teachers honorably dismissed in the preceding 3 years,
80		-	whichever is more, then the board also shall hold a public
81		-	hearing on the question of the dismissals. Following the
82		-	hearing and board review, the action to approve any such
83		-	reduction shall require a majority vote of the board members.
84		-	(b) This subsection (b) applies only to honorable
85		-	dismissals and recalls in which the notice of dismissal is
86		-	provided during the 2011-2012 school term or a subsequent
87	62
88	63
89		-	school term. If any teacher, whether or not in contractual
90		-	continued service, is removed or dismissed as a result of a
91		-	decision of a school board to decrease the number of teachers
92		-	employed by the board, a decision of a school board to
93		-	discontinue some particular type of teaching service, or a
94		-	reduction in the number of programs or positions in a special
95		-	education joint agreement, then written notice must be mailed
96		-	to the teacher and also given to the teacher either by
97		-	electronic mail, certified mail, return receipt requested, or
98		-	personal delivery with receipt at least 45 days before the end
99		-	of the school term, together with a statement of honorable
100		-	dismissal and the reason therefor, and in all such cases the
101		-	sequence of dismissal shall occur in accordance with this
102		-	subsection (b); except that this subsection (b) shall not
103		-	impair the operation of any affirmative action program in the
104		-	school district, regardless of whether it exists by operation
105		-	of law or is conducted on a voluntary basis by the board.
106		-	Each teacher must be categorized into one or more
107		-	positions for which the teacher is qualified to hold, based
108		-	upon legal qualifications and any other qualifications
109		-	established in a district or joint agreement job description,
110		-	on or before the May 10 prior to the school year during which
111		-	the sequence of dismissal is determined. Within each position
112		-	and subject to agreements made by the joint committee on
113		-	honorable dismissals that are authorized by subsection (c) of
114		-	this Section, the school district or joint agreement must
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117		-	establish 4 groupings of teachers qualified to hold the
118		-	position as follows:
119		-	(1) Grouping one shall consist of each teacher who is
120		-	not in contractual continued service and who (i) has not
121		-	received a performance evaluation rating, (ii) is employed
122		-	for one school term or less to replace a teacher on leave,
123		-	or (iii) is employed on a part-time basis. "Part-time
124		-	basis" for the purposes of this subsection (b) means a
125		-	teacher who is employed to teach less than a full-day,
126		-	teacher workload or less than 5 days of the normal student
127		-	attendance week, unless otherwise provided for in a
128		-	collective bargaining agreement between the district and
129		-	the exclusive representative of the district's teachers.
130		-	For the purposes of this Section, a teacher (A) who is
131		-	employed as a full-time teacher but who actually teaches
132		-	or is otherwise present and participating in the
133		-	district's educational program for less than a school term
134		-	or (B) who, in the immediately previous school term, was
135		-	employed on a full-time basis and actually taught or was
136		-	otherwise present and participated in the district's
137		-	educational program for 120 days or more is not considered
138		-	employed on a part-time basis.
139		-	(2) Grouping 2 shall consist of each teacher with a
140		-	Needs Improvement or Unsatisfactory performance evaluation
141		-	rating on either of the teacher's last 2 performance
142		-	evaluation ratings.
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	70	+	1 certified employees (excluding principals and administrative
	71	+	2 personnel) during the preceding school year, then if the board
	72	+	3 has any vacancies for the following school term or within 2
	73	+	4 calendar years from the beginning of the following school
	74	+	5 term, the positions so becoming available shall be tendered to
	75	+	6 the teachers who were so notified and removed or dismissed
	76	+	7 whenever they are legally qualified to hold such positions.
	77	+	8 Each board shall, in consultation with any exclusive employee
	78	+	9 representatives, each year establish a list, categorized by
	79	+	10 positions, showing the length of continuing service of each
	80	+	11 teacher who is qualified to hold any such positions, unless an
	81	+	12 alternative method of determining a sequence of dismissal is
	82	+	13 established as provided for in this Section, in which case a
	83	+	14 list shall be made in accordance with the alternative method.
	84	+	15 Copies of the list shall be distributed to the exclusive
	85	+	16 employee representative on or before February 1 of each year.
	86	+	17 Whenever the number of honorable dismissal notices based upon
	87	+	18 economic necessity exceeds 5, or 150% of the average number of
	88	+	19 teachers honorably dismissed in the preceding 3 years,
	89	+	20 whichever is more, then the board also shall hold a public
	90	+	21 hearing on the question of the dismissals. Following the
	91	+	22 hearing and board review, the action to approve any such
	92	+	23 reduction shall require a majority vote of the board members.
	93	+	24 (b) This subsection (b) applies only to honorable
	94	+	25 dismissals and recalls in which the notice of dismissal is
	95	+	26 provided during the 2011-2012 school term or a subsequent
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144	97
145		-	(3) Grouping 3 shall consist of each teacher with a
146		-	performance evaluation rating of at least Satisfactory or
147		-	Proficient on both of the teacher's last 2 performance
148		-	evaluation ratings, if 2 ratings are available, or on the
149		-	teacher's last performance evaluation rating, if only one
150		-	rating is available, unless the teacher qualifies for
151		-	placement into grouping 4.
152		-	(4) Grouping 4 shall consist of each teacher whose
153		-	last 2 performance evaluation ratings are Excellent and
154		-	each teacher with 2 Excellent performance evaluation
155		-	ratings out of the teacher's last 3 performance evaluation
156		-	ratings with a third rating of Satisfactory or Proficient.
157		-	Among teachers qualified to hold a position, teachers must
158		-	be dismissed in the order of their groupings, with teachers in
159		-	grouping one dismissed first and teachers in grouping 4
160		-	dismissed last.
161		-	Within grouping one, the sequence of dismissal must be at
162		-	the discretion of the school district or joint agreement.
163		-	Within grouping 2, the sequence of dismissal must be based
164		-	upon average performance evaluation ratings, with the teacher
165		-	or teachers with the lowest average performance evaluation
166		-	rating dismissed first. A teacher's average performance
167		-	evaluation rating must be calculated using the average of the
168		-	teacher's last 2 performance evaluation ratings, if 2 ratings
169		-	are available, or the teacher's last performance evaluation
170		-	rating, if only one rating is available, using the following
171	98
172	99
173		-	numerical values: 4 for Excellent; 3 for Proficient or
174		-	Satisfactory; 2 for Needs Improvement; and 1 for
175		-	Unsatisfactory. As between or among teachers in grouping 2
176		-	with the same average performance evaluation rating and within
177		-	each of groupings 3 and 4, the teacher or teachers with the
178		-	shorter length of continuing service with the school district
179		-	or joint agreement must be dismissed first unless an
180		-	alternative method of determining the sequence of dismissal is
181		-	established in a collective bargaining agreement or contract
182		-	between the board and a professional faculty members'
183		-	organization.
184		-	Each board, including the governing board of a joint
185		-	agreement, shall, in consultation with any exclusive employee
186		-	representatives, each year establish a sequence of honorable
187		-	dismissal list categorized by positions and the groupings
188		-	defined in this subsection (b). Copies of the list showing
189		-	each teacher by name and categorized by positions and the
190		-	groupings defined in this subsection (b) must be distributed
191		-	to the exclusive bargaining representative at least 75 days
192		-	before the end of the school term, provided that the school
193		-	district or joint agreement may, with notice to any exclusive
194		-	employee representatives, move teachers from grouping one into
195		-	another grouping during the period of time from 75 days until
196		-	45 days before the end of the school term. Each year, each
197		-	board shall also establish, in consultation with any exclusive
198		-	employee representatives, a list showing the length of
	100	+
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199	102
200	103
201		-	continuing service of each teacher who is qualified to hold
202		-	any such positions, unless an alternative method of
203		-	determining a sequence of dismissal is established as provided
204		-	for in this Section, in which case a list must be made in
205		-	accordance with the alternative method. Copies of the list
206		-	must be distributed to the exclusive employee representative
207		-	at least 75 days before the end of the school term.
208		-	Any teacher dismissed as a result of such decrease or
209		-	discontinuance must be paid all earned compensation on or
210		-	before the third business day following the last day of pupil
211		-	attendance in the regular school term.
212		-	If the board or joint agreement has any vacancies for the
213		-	following school term or within one calendar year from the
214		-	beginning of the following school term, the positions thereby
215		-	becoming available must be tendered to the teachers so removed
216		-	or dismissed who were in grouping 3 or 4 of the sequence of
217		-	dismissal and are qualified to hold the positions, based upon
218		-	legal qualifications and any other qualifications established
219		-	in a district or joint agreement job description, on or before
220		-	the May 10 prior to the date of the positions becoming
221		-	available, provided that if the number of honorable dismissal
222		-	notices based on economic necessity exceeds 15% of the number
223		-	of full-time equivalent positions filled by certified
224		-	employees (excluding principals and administrative personnel)
225		-	during the preceding school year, then the recall period is
226		-	for the following school term or within 2 calendar years from
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	106	+	1 school term. If any teacher, whether or not in contractual
	107	+	2 continued service, is removed or dismissed as a result of a
	108	+	3 decision of a school board to decrease the number of teachers
	109	+	4 employed by the board, a decision of a school board to
	110	+	5 discontinue some particular type of teaching service, or a
	111	+	6 reduction in the number of programs or positions in a special
	112	+	7 education joint agreement, then written notice must be mailed
	113	+	8 to the teacher and also given to the teacher either by
	114	+	9 electronic mail, certified mail, return receipt requested, or
	115	+	10 personal delivery with receipt at least 45 days before the end
	116	+	11 of the school term, together with a statement of honorable
	117	+	12 dismissal and the reason therefor, and in all such cases the
	118	+	13 sequence of dismissal shall occur in accordance with this
	119	+	14 subsection (b); except that this subsection (b) shall not
	120	+	15 impair the operation of any affirmative action program in the
	121	+	16 school district, regardless of whether it exists by operation
	122	+	17 of law or is conducted on a voluntary basis by the board.
	123	+	18 Each teacher must be categorized into one or more
	124	+	19 positions for which the teacher is qualified to hold, based
	125	+	20 upon legal qualifications and any other qualifications
	126	+	21 established in a district or joint agreement job description,
	127	+	22 on or before the May 10 prior to the school year during which
	128	+	23 the sequence of dismissal is determined. Within each position
	129	+	24 and subject to agreements made by the joint committee on
	130	+	25 honorable dismissals that are authorized by subsection (c) of
	131	+	26 this Section, the school district or joint agreement must
227	132
228	133
229		-	the beginning of the following school term. If the board or
230		-	joint agreement has any vacancies within the period from the
231		-	beginning of the following school term through February 1 of
232		-	the following school term (unless a date later than February
233		-	1, but no later than 6 months from the beginning of the
234		-	following school term, is established in a collective
235		-	bargaining agreement), the positions thereby becoming
236		-	available must be tendered to the teachers so removed or
237		-	dismissed who were in grouping 2 of the sequence of dismissal
238		-	due to one "needs improvement" rating on either of the
239		-	teacher's last 2 performance evaluation ratings, provided
240		-	that, if 2 ratings are available, the other performance
241		-	evaluation rating used for grouping purposes is
242		-	"satisfactory", "proficient", or "excellent", and are
243		-	qualified to hold the positions, based upon legal
244		-	qualifications and any other qualifications established in a
245		-	district or joint agreement job description, on or before the
246		-	May 10 prior to the date of the positions becoming available.
247		-	On and after July 1, 2014 (the effective date of Public Act
248		-	98-648), the preceding sentence shall apply to teachers
249		-	removed or dismissed by honorable dismissal, even if notice of
250		-	honorable dismissal occurred during the 2013-2014 school year.
251		-	Among teachers eligible for recall pursuant to the preceding
252		-	sentence, the order of recall must be in inverse order of
253		-	dismissal, unless an alternative order of recall is
254		-	established in a collective bargaining agreement or contract
255	134
256	135
257		-	between the board and a professional faculty members'
258		-	organization. Whenever the number of honorable dismissal
259		-	notices based upon economic necessity exceeds 5 notices or
260		-	150% of the average number of teachers honorably dismissed in
261		-	the preceding 3 years, whichever is more, then the school
262		-	board or governing board of a joint agreement, as applicable,
263		-	shall also hold a public hearing on the question of the
264		-	dismissals. Following the hearing and board review, the action
265		-	to approve any such reduction shall require a majority vote of
266		-	the board members.
267		-	For purposes of this subsection (b), subject to agreement
268		-	on an alternative definition reached by the joint committee
269		-	described in subsection (c) of this Section, a teacher's
270		-	performance evaluation rating means the overall performance
271		-	evaluation rating resulting from an annual or biennial
272		-	performance evaluation conducted pursuant to Article 24A of
273		-	this Code by the school district or joint agreement
274		-	determining the sequence of dismissal, not including any
275		-	performance evaluation conducted during or at the end of a
276		-	remediation period. No more than one evaluation rating each
277		-	school term shall be one of the evaluation ratings used for the
278		-	purpose of determining the sequence of dismissal. Except as
279		-	otherwise provided in this subsection for any performance
280		-	evaluations conducted during or at the end of a remediation
281		-	period, if multiple performance evaluations are conducted in a
282		-	school term, only the rating from the last evaluation
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284	139
285		-	conducted prior to establishing the sequence of honorable
286		-	dismissal list in such school term shall be the one evaluation
287		-	rating from that school term used for the purpose of
288		-	determining the sequence of dismissal. Averaging ratings from
289		-	multiple evaluations is not permitted unless otherwise agreed
290		-	to in a collective bargaining agreement or contract between
291		-	the board and a professional faculty members' organization.
292		-	The preceding 3 sentences are not a legislative declaration
293		-	that existing law does or does not already require that only
294		-	one performance evaluation each school term shall be used for
295		-	the purpose of determining the sequence of dismissal. For
296		-	performance evaluation ratings determined prior to September
297		-	1, 2012, any school district or joint agreement with a
298		-	performance evaluation rating system that does not use either
299		-	of the rating category systems specified in subsection (d) of
300		-	Section 24A-5 of this Code for all teachers must establish a
301		-	basis for assigning each teacher a rating that complies with
302		-	subsection (d) of Section 24A-5 of this Code for all of the
303		-	performance evaluation ratings that are to be used to
304		-	determine the sequence of dismissal. A teacher's grouping and
305		-	ranking on a sequence of honorable dismissal shall be deemed a
306		-	part of the teacher's performance evaluation, and that
307		-	information shall be disclosed to the exclusive bargaining
308		-	representative as part of a sequence of honorable dismissal
309		-	list, notwithstanding any laws prohibiting disclosure of such
310		-	information. A performance evaluation rating may be used to
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	142	+	1 establish 4 groupings of teachers qualified to hold the
	143	+	2 position as follows:
	144	+	3 (1) Grouping one shall consist of each teacher who is
	145	+	4 not in contractual continued service and who (i) has not
	146	+	5 received a performance evaluation rating, (ii) is employed
	147	+	6 for one school term or less to replace a teacher on leave,
	148	+	7 or (iii) is employed on a part-time basis. "Part-time
	149	+	8 basis" for the purposes of this subsection (b) means a
	150	+	9 teacher who is employed to teach less than a full-day,
	151	+	10 teacher workload or less than 5 days of the normal student
	152	+	11 attendance week, unless otherwise provided for in a
	153	+	12 collective bargaining agreement between the district and
	154	+	13 the exclusive representative of the district's teachers.
	155	+	14 For the purposes of this Section, a teacher (A) who is
	156	+	15 employed as a full-time teacher but who actually teaches
	157	+	16 or is otherwise present and participating in the
	158	+	17 district's educational program for less than a school term
	159	+	18 or (B) who, in the immediately previous school term, was
	160	+	19 employed on a full-time basis and actually taught or was
	161	+	20 otherwise present and participated in the district's
	162	+	21 educational program for 120 days or more is not considered
	163	+	22 employed on a part-time basis.
	164	+	23 (2) Grouping 2 shall consist of each teacher with a
	165	+	24 Needs Improvement or Unsatisfactory performance evaluation
	166	+	25 rating on either of the teacher's last 2 performance
	167	+	26 evaluation ratings.
311	168
312	169
313		-	determine the sequence of dismissal, notwithstanding the
314		-	pendency of any grievance resolution or arbitration procedures
315		-	relating to the performance evaluation. If a teacher has
316		-	received at least one performance evaluation rating conducted
317		-	by the school district or joint agreement determining the
318		-	sequence of dismissal and a subsequent performance evaluation
319		-	is not conducted in any school year in which such evaluation is
320		-	required to be conducted under Section 24A-5 of this Code, the
321		-	teacher's performance evaluation rating for that school year
322		-	for purposes of determining the sequence of dismissal is
323		-	deemed Proficient, except that, during any time in which the
324		-	Governor has declared a disaster due to a public health
325		-	emergency pursuant to Section 7 of the Illinois Emergency
326		-	Management Agency Act, this default to Proficient does not
327		-	apply to any teacher who has entered into contractual
328		-	continued service and who was deemed Excellent on his or her
329		-	most recent evaluation. During any time in which the Governor
330		-	has declared a disaster due to a public health emergency
331		-	pursuant to Section 7 of the Illinois Emergency Management
332		-	Agency Act and unless the school board and any exclusive
333		-	bargaining representative have completed the performance
334		-	rating for teachers or have mutually agreed to an alternate
335		-	performance rating, any teacher who has entered into
336		-	contractual continued service, whose most recent evaluation
337		-	was deemed Excellent, and whose performance evaluation is not
338		-	conducted when the evaluation is required to be conducted
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340	171
341		-	shall receive a teacher's performance rating deemed Excellent.
342		-	A school board and any exclusive bargaining representative may
343		-	mutually agree to an alternate performance rating for teachers
344		-	not in contractual continued service during any time in which
345		-	the Governor has declared a disaster due to a public health
346		-	emergency pursuant to Section 7 of the Illinois Emergency
347		-	Management Agency Act, as long as the agreement is in writing.
348		-	If a performance evaluation rating is nullified as the result
349		-	of an arbitration, administrative agency, or court
350		-	determination, then the school district or joint agreement is
351		-	deemed to have conducted a performance evaluation for that
352		-	school year, but the performance evaluation rating may not be
353		-	used in determining the sequence of dismissal.
354		-	Nothing in this subsection (b) shall be construed as
355		-	limiting the right of a school board or governing board of a
356		-	joint agreement to dismiss a teacher not in contractual
357		-	continued service in accordance with Section 24-11 of this
358		-	Code.
359		-	Any provisions regarding the sequence of honorable
360		-	dismissals and recall of honorably dismissed teachers in a
361		-	collective bargaining agreement entered into on or before
362		-	January 1, 2011 and in effect on June 13, 2011 (the effective
363		-	date of Public Act 97-8) that may conflict with Public Act 97-8
364		-	shall remain in effect through the expiration of such
365		-	agreement or June 30, 2013, whichever is earlier.
366		-	(c) Each school district and special education joint
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369		-	agreement must use a joint committee composed of equal
370		-	representation selected by the school board and its teachers
371		-	or, if applicable, the exclusive bargaining representative of
372		-	its teachers, to address the matters described in paragraphs
373		-	(1) through (5) of this subsection (c) pertaining to honorable
374		-	dismissals under subsection (b) of this Section.
375		-	(1) The joint committee must consider and may agree to
376		-	criteria for excluding from grouping 2 and placing into
377		-	grouping 3 a teacher whose last 2 performance evaluations
378		-	include a Needs Improvement and either a Proficient or
379		-	Excellent.
380		-	(2) The joint committee must consider and may agree to
381		-	an alternative definition for grouping 4, which definition
382		-	must take into account prior performance evaluation
383		-	ratings and may take into account other factors that
384		-	relate to the school district's or program's educational
385		-	objectives. An alternative definition for grouping 4 may
386		-	not permit the inclusion of a teacher in the grouping with
387		-	a Needs Improvement or Unsatisfactory performance
388		-	evaluation rating on either of the teacher's last 2
389		-	performance evaluation ratings.
390		-	(3) The joint committee may agree to including within
391		-	the definition of a performance evaluation rating a
392		-	performance evaluation rating administered by a school
393		-	district or joint agreement other than the school district
394		-	or joint agreement determining the sequence of dismissal.
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	178	+	1 (3) Grouping 3 shall consist of each teacher with a
	179	+	2 performance evaluation rating of at least Satisfactory or
	180	+	3 Proficient on both of the teacher's last 2 performance
	181	+	4 evaluation ratings, if 2 ratings are available, or on the
	182	+	5 teacher's last performance evaluation rating, if only one
	183	+	6 rating is available, unless the teacher qualifies for
	184	+	7 placement into grouping 4.
	185	+	8 (4) Grouping 4 shall consist of each teacher whose
	186	+	9 last 2 performance evaluation ratings are Excellent and
	187	+	10 each teacher with 2 Excellent performance evaluation
	188	+	11 ratings out of the teacher's last 3 performance evaluation
	189	+	12 ratings with a third rating of Satisfactory or Proficient.
	190	+	13 Among teachers qualified to hold a position, teachers must
	191	+	14 be dismissed in the order of their groupings, with teachers in
	192	+	15 grouping one dismissed first and teachers in grouping 4
	193	+	16 dismissed last.
	194	+	17 Within grouping one, the sequence of dismissal must be at
	195	+	18 the discretion of the school district or joint agreement.
	196	+	19 Within grouping 2, the sequence of dismissal must be based
	197	+	20 upon average performance evaluation ratings, with the teacher
	198	+	21 or teachers with the lowest average performance evaluation
	199	+	22 rating dismissed first. A teacher's average performance
	200	+	23 evaluation rating must be calculated using the average of the
	201	+	24 teacher's last 2 performance evaluation ratings, if 2 ratings
	202	+	25 are available, or the teacher's last performance evaluation
	203	+	26 rating, if only one rating is available, using the following
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396	205
397		-	(4) For each school district or joint agreement that
398		-	administers performance evaluation ratings that are
399		-	inconsistent with either of the rating category systems
400		-	specified in subsection (d) of Section 24A-5 of this Code,
401		-	the school district or joint agreement must consult with
402		-	the joint committee on the basis for assigning a rating
403		-	that complies with subsection (d) of Section 24A-5 of this
404		-	Code to each performance evaluation rating that will be
405		-	used in a sequence of dismissal.
406		-	(5) Upon request by a joint committee member submitted
407		-	to the employing board by no later than 10 days after the
408		-	distribution of the sequence of honorable dismissal list,
409		-	a representative of the employing board shall, within 5
410		-	days after the request, provide to members of the joint
411		-	committee a list showing the most recent and prior
412		-	performance evaluation ratings of each teacher identified
413		-	only by length of continuing service in the district or
414		-	joint agreement and not by name. If, after review of this
415		-	list, a member of the joint committee has a good faith
416		-	belief that a disproportionate number of teachers with
417		-	greater length of continuing service with the district or
418		-	joint agreement have received a recent performance
419		-	evaluation rating lower than the prior rating, the member
420		-	may request that the joint committee review the list to
421		-	assess whether such a trend may exist. Following the joint
422		-	committee's review, but by no later than the end of the
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425		-	applicable school term, the joint committee or any member
426		-	or members of the joint committee may submit a report of
427		-	the review to the employing board and exclusive bargaining
428		-	representative, if any. Nothing in this paragraph (5)
429		-	shall impact the order of honorable dismissal or a school
430		-	district's or joint agreement's authority to carry out a
431		-	dismissal in accordance with subsection (b) of this
432		-	Section.
433		-	Agreement by the joint committee as to a matter requires
434		-	the majority vote of all committee members, and if the joint
435		-	committee does not reach agreement on a matter, then the
436		-	otherwise applicable requirements of subsection (b) of this
437		-	Section shall apply. Except as explicitly set forth in this
438		-	subsection (c), a joint committee has no authority to agree to
439		-	any further modifications to the requirements for honorable
440		-	dismissals set forth in subsection (b) of this Section. The
441		-	joint committee must be established, and the first meeting of
442		-	the joint committee each school year must occur on or before
443		-	December 1.
444		-	The joint committee must reach agreement on a matter on or
445		-	before February 1 of a school year in order for the agreement
446		-	of the joint committee to apply to the sequence of dismissal
447		-	determined during that school year. Subject to the February 1
448		-	deadline for agreements, the agreement of a joint committee on
449		-	a matter shall apply to the sequence of dismissal until the
450		-	agreement is amended or terminated by the joint committee.
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452	211
453		-	The provisions of the Open Meetings Act shall not apply to
454		-	meetings of a joint committee created under this subsection
455		-	(c).
456		-	(d) Notwithstanding anything to the contrary in this
457		-	subsection (d), the requirements and dismissal procedures of
458		-	Section 24-16.5 of this Code shall apply to any dismissal
459		-	sought under Section 24-16.5 of this Code.
460		-	(1) If a dismissal of a teacher in contractual
461		-	continued service is sought for any reason or cause other
462		-	than an honorable dismissal under subsections (a) or (b)
463		-	of this Section or a dismissal sought under Section
464		-	24-16.5 of this Code, including those under Section
465		-	10-22.4, the board must first approve a motion containing
466		-	specific charges by a majority vote of all its members.
467		-	Written notice of such charges, including a bill of
468		-	particulars and the teacher's right to request a hearing,
469		-	must be mailed to the teacher and also given to the teacher
470		-	either by electronic mail, certified mail, return receipt
471		-	requested, or personal delivery with receipt within 5 days
472		-	of the adoption of the motion. Any written notice sent on
473		-	or after July 1, 2012 shall inform the teacher of the right
474		-	to request a hearing before a mutually selected hearing
475		-	officer, with the cost of the hearing officer split
476		-	equally between the teacher and the board, or a hearing
477		-	before a board-selected hearing officer, with the cost of
478		-	the hearing officer paid by the board.
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	214	+	1 numerical values: 4 for Excellent; 3 for Proficient or
	215	+	2 Satisfactory; 2 for Needs Improvement; and 1 for
	216	+	3 Unsatisfactory. As between or among teachers in grouping 2
	217	+	4 with the same average performance evaluation rating and within
	218	+	5 each of groupings 3 and 4, the teacher or teachers with the
	219	+	6 shorter length of continuing service with the school district
	220	+	7 or joint agreement must be dismissed first unless an
	221	+	8 alternative method of determining the sequence of dismissal is
	222	+	9 established in a collective bargaining agreement or contract
	223	+	10 between the board and a professional faculty members'
	224	+	11 organization.
	225	+	12 Each board, including the governing board of a joint
	226	+	13 agreement, shall, in consultation with any exclusive employee
	227	+	14 representatives, each year establish a sequence of honorable
	228	+	15 dismissal list categorized by positions and the groupings
	229	+	16 defined in this subsection (b). Copies of the list showing
	230	+	17 each teacher by name and categorized by positions and the
	231	+	18 groupings defined in this subsection (b) must be distributed
	232	+	19 to the exclusive bargaining representative at least 75 days
	233	+	20 before the end of the school term, provided that the school
	234	+	21 district or joint agreement may, with notice to any exclusive
	235	+	22 employee representatives, move teachers from grouping one into
	236	+	23 another grouping during the period of time from 75 days until
	237	+	24 45 days before the end of the school term. Each year, each
	238	+	25 board shall also establish, in consultation with any exclusive
	239	+	26 employee representatives, a list showing the length of
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480	241
481		-	Before setting a hearing on charges stemming from
482		-	causes that are considered remediable, a board must give
483		-	the teacher reasonable warning in writing, stating
484		-	specifically the causes that, if not removed, may result
485		-	in charges; however, no such written warning is required
486		-	if the causes have been the subject of a remediation plan
487		-	pursuant to Article 24A of this Code.
488		-	If, in the opinion of the board, the interests of the
489		-	school require it, the board may suspend the teacher
490		-	without pay, pending the hearing, but if the board's
491		-	dismissal or removal is not sustained, the teacher shall
492		-	not suffer the loss of any salary or benefits by reason of
493		-	the suspension.
494		-	(2) No hearing upon the charges is required unless the
495		-	teacher within 17 days after receiving notice requests in
496		-	writing of the board that a hearing be scheduled before a
497		-	mutually selected hearing officer or a hearing officer
498		-	selected by the board. The secretary of the school board
499		-	shall forward a copy of the notice to the State Board of
500		-	Education.
501		-	(3) Within 5 business days after receiving a notice of
502		-	hearing in which either notice to the teacher was sent
503		-	before July 1, 2012 or, if the notice was sent on or after
504		-	July 1, 2012, the teacher has requested a hearing before a
505		-	mutually selected hearing officer, the State Board of
506		-	Education shall provide a list of 5 prospective, impartial
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508	243
509		-	hearing officers from the master list of qualified,
510		-	impartial hearing officers maintained by the State Board
511		-	of Education. Each person on the master list must (i) be
512		-	accredited by a national arbitration organization and have
513		-	had a minimum of 5 years of experience directly related to
514		-	labor and employment relations matters between employers
515		-	and employees or their exclusive bargaining
516		-	representatives and (ii) beginning September 1, 2012, have
517		-	participated in training provided or approved by the State
518		-	Board of Education for teacher dismissal hearing officers
519		-	so that he or she is familiar with issues generally
520		-	involved in evaluative and non-evaluative dismissals.
521		-	If notice to the teacher was sent before July 1, 2012
522		-	or, if the notice was sent on or after July 1, 2012, the
523		-	teacher has requested a hearing before a mutually selected
524		-	hearing officer, the board and the teacher or their legal
525		-	representatives within 3 business days shall alternately
526		-	strike one name from the list provided by the State Board
527		-	of Education until only one name remains. Unless waived by
528		-	the teacher, the teacher shall have the right to proceed
529		-	first with the striking. Within 3 business days of receipt
530		-	of the list provided by the State Board of Education, the
531		-	board and the teacher or their legal representatives shall
532		-	each have the right to reject all prospective hearing
533		-	officers named on the list and notify the State Board of
534		-	Education of such rejection. Within 3 business days after
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536	247
537		-	receiving this notification, the State Board of Education
538		-	shall appoint a qualified person from the master list who
539		-	did not appear on the list sent to the parties to serve as
540		-	the hearing officer, unless the parties notify it that
541		-	they have chosen to alternatively select a hearing officer
542		-	under paragraph (4) of this subsection (d).
543		-	If the teacher has requested a hearing before a
544		-	hearing officer selected by the board, the board shall
545		-	select one name from the master list of qualified
546		-	impartial hearing officers maintained by the State Board
547		-	of Education within 3 business days after receipt and
548		-	shall notify the State Board of Education of its
549		-	selection.
550		-	A hearing officer mutually selected by the parties,
551		-	selected by the board, or selected through an alternative
552		-	selection process under paragraph (4) of this subsection
553		-	(d) (A) must not be a resident of the school district, (B)
554		-	must be available to commence the hearing within 75 days
555		-	and conclude the hearing within 120 days after being
556		-	selected as the hearing officer, and (C) must issue a
557		-	decision as to whether the teacher must be dismissed and
558		-	give a copy of that decision to both the teacher and the
559		-	board within 30 days from the conclusion of the hearing or
560		-	closure of the record, whichever is later.
561		-	Any hearing convened during a public health emergency
562		-	pursuant to Section 7 of the Illinois Emergency Management
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	250	+	1 continuing service of each teacher who is qualified to hold
	251	+	2 any such positions, unless an alternative method of
	252	+	3 determining a sequence of dismissal is established as provided
	253	+	4 for in this Section, in which case a list must be made in
	254	+	5 accordance with the alternative method. Copies of the list
	255	+	6 must be distributed to the exclusive employee representative
	256	+	7 at least 75 days before the end of the school term.
	257	+	8 Any teacher dismissed as a result of such decrease or
	258	+	9 discontinuance must be paid all earned compensation on or
	259	+	10 before the third business day following the last day of pupil
	260	+	11 attendance in the regular school term.
	261	+	12 If the board or joint agreement has any vacancies for the
	262	+	13 following school term or within one calendar year from the
	263	+	14 beginning of the following school term, the positions thereby
	264	+	15 becoming available must be tendered to the teachers so removed
	265	+	16 or dismissed who were in grouping 3 or 4 of the sequence of
	266	+	17 dismissal and are qualified to hold the positions, based upon
	267	+	18 legal qualifications and any other qualifications established
	268	+	19 in a district or joint agreement job description, on or before
	269	+	20 the May 10 prior to the date of the positions becoming
	270	+	21 available, provided that if the number of honorable dismissal
	271	+	22 notices based on economic necessity exceeds 15% of the number
	272	+	23 of full-time equivalent positions filled by certified
	273	+	24 employees (excluding principals and administrative personnel)
	274	+	25 during the preceding school year, then the recall period is
	275	+	26 for the following school term or within 2 calendar years from
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564	277
565		-	Agency Act may be convened remotely. Any hearing officer
566		-	for a hearing convened during a public health emergency
567		-	pursuant to Section 7 of the Illinois Emergency Management
568		-	Agency Act may voluntarily withdraw from the hearing and
569		-	another hearing officer shall be selected or appointed
570		-	pursuant to this Section.
571		-	In this paragraph, "pre-hearing procedures" refers to
572		-	the pre-hearing procedures under Section 51.55 of Title 23
573		-	of the Illinois Administrative Code and "hearing" refers
574		-	to the hearing under Section 51.60 of Title 23 of the
575		-	Illinois Administrative Code. Any teacher who has been
576		-	charged with engaging in acts of corporal punishment,
577		-	physical abuse, grooming, or sexual misconduct and who
578		-	previously paused pre-hearing procedures or a hearing
579		-	pursuant to Public Act 101-643 must proceed with selection
580		-	of a hearing officer or hearing date, or both, within the
581		-	timeframes established by this paragraph (3) and
582		-	paragraphs (4) through (6) of this subsection (d), unless
583		-	the timeframes are mutually waived in writing by both
584		-	parties, and all timelines set forth in this Section in
585		-	cases concerning corporal punishment, physical abuse,
586		-	grooming, or sexual misconduct shall be reset to begin the
587		-	day after the effective date of this amendatory Act of the
588		-	102nd General Assembly. Any teacher charged with engaging
589		-	in acts of corporal punishment, physical abuse, grooming,
590		-	or sexual misconduct on or after the effective date of
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592	279
593		-	this amendatory Act of the 102nd General Assembly may not
594		-	pause pre-hearing procedures or a hearing.
595		-	(4) In the alternative to selecting a hearing officer
596		-	from the list received from the State Board of Education
597		-	or accepting the appointment of a hearing officer by the
598		-	State Board of Education or if the State Board of
599		-	Education cannot provide a list or appoint a hearing
600		-	officer that meets the foregoing requirements, the board
601		-	and the teacher or their legal representatives may
602		-	mutually agree to select an impartial hearing officer who
603		-	is not on the master list either by direct appointment by
604		-	the parties or by using procedures for the appointment of
605		-	an arbitrator established by the Federal Mediation and
606		-	Conciliation Service or the American Arbitration
607		-	Association. The parties shall notify the State Board of
608		-	Education of their intent to select a hearing officer
609		-	using an alternative procedure within 3 business days of
610		-	receipt of a list of prospective hearing officers provided
611		-	by the State Board of Education, notice of appointment of
612		-	a hearing officer by the State Board of Education, or
613		-	receipt of notice from the State Board of Education that
614		-	it cannot provide a list that meets the foregoing
615		-	requirements, whichever is later.
616		-	(5) If the notice of dismissal was sent to the teacher
617		-	before July 1, 2012, the fees and costs for the hearing
618		-	officer must be paid by the State Board of Education. If
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620	283
621		-	the notice of dismissal was sent to the teacher on or after
622		-	July 1, 2012, the hearing officer's fees and costs must be
623		-	paid as follows in this paragraph (5). The fees and
624		-	permissible costs for the hearing officer must be
625		-	determined by the State Board of Education. If the board
626		-	and the teacher or their legal representatives mutually
627		-	agree to select an impartial hearing officer who is not on
628		-	a list received from the State Board of Education, they
629		-	may agree to supplement the fees determined by the State
630		-	Board to the hearing officer, at a rate consistent with
631		-	the hearing officer's published professional fees. If the
632		-	hearing officer is mutually selected by the parties, then
633		-	the board and the teacher or their legal representatives
634		-	shall each pay 50% of the fees and costs and any
635		-	supplemental allowance to which they agree. If the hearing
636		-	officer is selected by the board, then the board shall pay
637		-	100% of the hearing officer's fees and costs. The fees and
638		-	costs must be paid to the hearing officer within 14 days
639		-	after the board and the teacher or their legal
640		-	representatives receive the hearing officer's decision set
641		-	forth in paragraph (7) of this subsection (d).
642		-	(6) The teacher is required to answer the bill of
643		-	particulars and aver affirmative matters in his or her
644		-	defense, and the time for initially doing so and the time
645		-	for updating such answer and defenses after pre-hearing
646		-	discovery must be set by the hearing officer. The State
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	286	+	1 the beginning of the following school term. If the board or
	287	+	2 joint agreement has any vacancies within the period from the
	288	+	3 beginning of the following school term through February 1 of
	289	+	4 the following school term (unless a date later than February
	290	+	5 1, but no later than 6 months from the beginning of the
	291	+	6 following school term, is established in a collective
	292	+	7 bargaining agreement), the positions thereby becoming
	293	+	8 available must be tendered to the teachers so removed or
	294	+	9 dismissed who were in grouping 2 of the sequence of dismissal
	295	+	10 due to one "needs improvement" rating on either of the
	296	+	11 teacher's last 2 performance evaluation ratings, provided
	297	+	12 that, if 2 ratings are available, the other performance
	298	+	13 evaluation rating used for grouping purposes is
	299	+	14 "satisfactory", "proficient", or "excellent", and are
	300	+	15 qualified to hold the positions, based upon legal
	301	+	16 qualifications and any other qualifications established in a
	302	+	17 district or joint agreement job description, on or before the
	303	+	18 May 10 prior to the date of the positions becoming available.
	304	+	19 On and after July 1, 2014 (the effective date of Public Act
	305	+	20 98-648), the preceding sentence shall apply to teachers
	306	+	21 removed or dismissed by honorable dismissal, even if notice of
	307	+	22 honorable dismissal occurred during the 2013-2014 school year.
	308	+	23 Among teachers eligible for recall pursuant to the preceding
	309	+	24 sentence, the order of recall must be in inverse order of
	310	+	25 dismissal, unless an alternative order of recall is
	311	+	26 established in a collective bargaining agreement or contract
647	312
648	313
649		-	Board of Education shall promulgate rules so that each
650		-	party has a fair opportunity to present its case and to
651		-	ensure that the dismissal process proceeds in a fair and
652		-	expeditious manner. These rules shall address, without
653		-	limitation, discovery and hearing scheduling conferences;
654		-	the teacher's initial answer and affirmative defenses to
655		-	the bill of particulars and the updating of that
656		-	information after pre-hearing discovery; provision for
657		-	written interrogatories and requests for production of
658		-	documents; the requirement that each party initially
659		-	disclose to the other party and then update the disclosure
660		-	no later than 10 calendar days prior to the commencement
661		-	of the hearing, the names and addresses of persons who may
662		-	be called as witnesses at the hearing, a summary of the
663		-	facts or opinions each witness will testify to, and all
664		-	other documents and materials, including information
665		-	maintained electronically, relevant to its own as well as
666		-	the other party's case (the hearing officer may exclude
667		-	witnesses and exhibits not identified and shared, except
668		-	those offered in rebuttal for which the party could not
669		-	reasonably have anticipated prior to the hearing);
670		-	pre-hearing discovery and preparation, including provision
671		-	for written interrogatories and requests for production of
672		-	documents, provided that discovery depositions are
673		-	prohibited; the conduct of the hearing; the right of each
674		-	party to be represented by counsel, the offer of evidence
675	314
676	315
677		-	and witnesses and the cross-examination of witnesses; the
678		-	authority of the hearing officer to issue subpoenas and
679		-	subpoenas duces tecum, provided that the hearing officer
680		-	may limit the number of witnesses to be subpoenaed on
681		-	behalf of each party to no more than 7; the length of
682		-	post-hearing briefs; and the form, length, and content of
683		-	hearing officers' decisions. The hearing officer shall
684		-	hold a hearing and render a final decision for dismissal
685		-	pursuant to Article 24A of this Code or shall report to the
686		-	school board findings of fact and a recommendation as to
687		-	whether or not the teacher must be dismissed for conduct.
688		-	The hearing officer shall commence the hearing within 75
689		-	days and conclude the hearing within 120 days after being
690		-	selected as the hearing officer, provided that the hearing
691		-	officer may modify these timelines upon the showing of
692		-	good cause or mutual agreement of the parties. Good cause
693		-	for the purpose of this subsection (d) shall mean the
694		-	illness or otherwise unavoidable emergency of the teacher,
695		-	district representative, their legal representatives, the
696		-	hearing officer, or an essential witness as indicated in
697		-	each party's pre-hearing submission. In a dismissal
698		-	hearing pursuant to Article 24A of this Code in which a
699		-	witness is a student or is under the age of 18, the hearing
700		-	officer must make accommodations for the witness, as
701		-	provided under paragraph (6.5) of this subsection. The
702		-	hearing officer shall consider and give weight to all of
	316	+
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703	318
704	319
705		-	the teacher's evaluations written pursuant to Article 24A
706		-	that are relevant to the issues in the hearing.
707		-	Each party shall have no more than 3 days to present
708		-	its case, unless extended by the hearing officer to enable
709		-	a party to present adequate evidence and testimony,
710		-	including due to the other party's cross-examination of
711		-	the party's witnesses, for good cause or by mutual
712		-	agreement of the parties. The State Board of Education
713		-	shall define in rules the meaning of "day" for such
714		-	purposes. All testimony at the hearing shall be taken
715		-	under oath administered by the hearing officer. The
716		-	hearing officer shall cause a record of the proceedings to
717		-	be kept and shall employ a competent reporter to take
718		-	stenographic or stenotype notes of all the testimony. The
719		-	costs of the reporter's attendance and services at the
720		-	hearing shall be paid by the party or parties who are
721		-	responsible for paying the fees and costs of the hearing
722		-	officer. Either party desiring a transcript of the hearing
723		-	shall pay for the cost thereof. Any post-hearing briefs
724		-	must be submitted by the parties by no later than 21 days
725		-	after a party's receipt of the transcript of the hearing,
726		-	unless extended by the hearing officer for good cause or
727		-	by mutual agreement of the parties.
728		-	(6.5) In the case of charges involving any witness who
729		-	is or was at the time of the alleged conduct sexual abuse
730		-	or severe physical abuse of a student or a person under the
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	322	+	1 between the board and a professional faculty members'
	323	+	2 organization. Whenever the number of honorable dismissal
	324	+	3 notices based upon economic necessity exceeds 5 notices or
	325	+	4 150% of the average number of teachers honorably dismissed in
	326	+	5 the preceding 3 years, whichever is more, then the school
	327	+	6 board or governing board of a joint agreement, as applicable,
	328	+	7 shall also hold a public hearing on the question of the
	329	+	8 dismissals. Following the hearing and board review, the action
	330	+	9 to approve any such reduction shall require a majority vote of
	331	+	10 the board members.
	332	+	11 For purposes of this subsection (b), subject to agreement
	333	+	12 on an alternative definition reached by the joint committee
	334	+	13 described in subsection (c) of this Section, a teacher's
	335	+	14 performance evaluation rating means the overall performance
	336	+	15 evaluation rating resulting from an annual or biennial
	337	+	16 performance evaluation conducted pursuant to Article 24A of
	338	+	17 this Code by the school district or joint agreement
	339	+	18 determining the sequence of dismissal, not including any
	340	+	19 performance evaluation conducted during or at the end of a
	341	+	20 remediation period. No more than one evaluation rating each
	342	+	21 school term shall be one of the evaluation ratings used for the
	343	+	22 purpose of determining the sequence of dismissal. Except as
	344	+	23 otherwise provided in this subsection for any performance
	345	+	24 evaluations conducted during or at the end of a remediation
	346	+	25 period, if multiple performance evaluations are conducted in a
	347	+	26 school term, only the rating from the last evaluation
731	348
732	349
733		-	age of 18, the hearing officer shall make accommodations
734		-	alternative hearing procedures to protect a witness who is
735		-	a student or who is under the age of 18 from being
736		-	intimidated, or traumatized, or re-traumatized. No alleged
737		-	victim or other witness who is or was at the time of the
738		-	alleged conduct a student or under the age of 18 may be
739		-	compelled to testify in the physical or visual presence of
740		-	a teacher or other witness. If such a witness invokes this
741		-	right, then the hearing officer must provide an
742		-	accommodation consistent with the invoked right and use a
743		-	procedure by which each party may hear such witness'
744		-	testimony. Accommodations Alternative hearing procedures
745		-	may include, but are not limited to: (i) testimony made
746		-	via a telecommunication device in a location other than
747		-	the hearing room and outside the physical or visual
748		-	presence of the teacher and other hearing participants,
749		-	but accessible to the teacher via a telecommunication
750		-	device, (ii) testimony made in the hearing room but
751		-	outside the physical presence of the teacher and
752		-	accessible to the teacher via a telecommunication device,
753		-	or (iii) non-public testimony, (iv) testimony made via
754		-	videoconference with the cameras and microphones of the
755		-	teacher turned off, or (v) pre-recorded testimony,
756		-	including, but not limited to, a recording of a forensic
757		-	interview conducted at an accredited Children's Advocacy
758		-	Center. With all accommodations, the hearing officer shall
759	350
760	351
761		-	give such testimony the same consideration as if the
762		-	witness testified without the accommodation. The teacher
763		-	may not directly, or through a representative, question a
764		-	witness called by the school board who is or was a student
765		-	or under 18 years of age at the time of the alleged
766		-	conduct. The hearing officer must permit the teacher to
767		-	submit all relevant questions and follow-up questions for
768		-	such a witness to have the questions posed by the hearing
769		-	officer. During a testimony described under this
770		-	subsection, each party must be permitted to ask a witness
771		-	who is a student or who is under 18 years of age all
772		-	relevant questions and follow-up questions. All questions
773		-	must exclude evidence of the witness' sexual behavior or
774		-	predisposition, unless the evidence is offered to prove
775		-	that someone other than the teacher subject to the
776		-	dismissal hearing engaged in the charge at issue.
777		-	(7) The hearing officer shall, within 30 days from the
778		-	conclusion of the hearing or closure of the record,
779		-	whichever is later, make a decision as to whether or not
780		-	the teacher shall be dismissed pursuant to Article 24A of
781		-	this Code or report to the school board findings of fact
782		-	and a recommendation as to whether or not the teacher
783		-	shall be dismissed for cause and shall give a copy of the
784		-	decision or findings of fact and recommendation to both
785		-	the teacher and the school board. If a hearing officer
786		-	fails without good cause, specifically provided in writing
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787	354
788	355
789		-	to both parties and the State Board of Education, to
790		-	render a decision or findings of fact and recommendation
791		-	within 30 days after the hearing is concluded or the
792		-	record is closed, whichever is later, the parties may
793		-	mutually agree to select a hearing officer pursuant to the
794		-	alternative procedure, as provided in this Section, to
795		-	rehear the charges heard by the hearing officer who failed
796		-	to render a decision or findings of fact and
797		-	recommendation or to review the record and render a
798		-	decision. If any hearing officer fails without good cause,
799		-	specifically provided in writing to both parties and the
800		-	State Board of Education, to render a decision or findings
801		-	of fact and recommendation within 30 days after the
802		-	hearing is concluded or the record is closed, whichever is
803		-	later or if any hearing officer fails to make an
804		-	accommodation as described in paragraph (6.5), the hearing
805		-	officer shall be removed from the master list of hearing
806		-	officers maintained by the State Board of Education for
807		-	not more than 24 months. The parties and the State Board of
808		-	Education may also take such other actions as it deems
809		-	appropriate, including recovering, reducing, or
810		-	withholding any fees paid or to be paid to the hearing
811		-	officer. If any hearing officer repeats such failure, he
812		-	or she must be permanently removed from the master list
813		-	maintained by the State Board of Education and may not be
814		-	selected by parties through the alternative selection
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	358	+	1 conducted prior to establishing the sequence of honorable
	359	+	2 dismissal list in such school term shall be the one evaluation
	360	+	3 rating from that school term used for the purpose of
	361	+	4 determining the sequence of dismissal. Averaging ratings from
	362	+	5 multiple evaluations is not permitted unless otherwise agreed
	363	+	6 to in a collective bargaining agreement or contract between
	364	+	7 the board and a professional faculty members' organization.
	365	+	8 The preceding 3 sentences are not a legislative declaration
	366	+	9 that existing law does or does not already require that only
	367	+	10 one performance evaluation each school term shall be used for
	368	+	11 the purpose of determining the sequence of dismissal. For
	369	+	12 performance evaluation ratings determined prior to September
	370	+	13 1, 2012, any school district or joint agreement with a
	371	+	14 performance evaluation rating system that does not use either
	372	+	15 of the rating category systems specified in subsection (d) of
	373	+	16 Section 24A-5 of this Code for all teachers must establish a
	374	+	17 basis for assigning each teacher a rating that complies with
	375	+	18 subsection (d) of Section 24A-5 of this Code for all of the
	376	+	19 performance evaluation ratings that are to be used to
	377	+	20 determine the sequence of dismissal. A teacher's grouping and
	378	+	21 ranking on a sequence of honorable dismissal shall be deemed a
	379	+	22 part of the teacher's performance evaluation, and that
	380	+	23 information shall be disclosed to the exclusive bargaining
	381	+	24 representative as part of a sequence of honorable dismissal
	382	+	25 list, notwithstanding any laws prohibiting disclosure of such
	383	+	26 information. A performance evaluation rating may be used to
815	384
816	385
817		-	process under this paragraph (7) or paragraph (4) of this
818		-	subsection (d). The board shall not lose jurisdiction to
819		-	discharge a teacher if the hearing officer fails to render
820		-	a decision or findings of fact and recommendation within
821		-	the time specified in this Section. If the decision of the
822		-	hearing officer for dismissal pursuant to Article 24A of
823		-	this Code or of the school board for dismissal for cause is
824		-	in favor of the teacher, then the hearing officer or
825		-	school board shall order reinstatement to the same or
826		-	substantially equivalent position and shall determine the
827		-	amount for which the school board is liable, including,
828		-	but not limited to, loss of income and benefits.
829		-	(8) The school board, within 45 days after receipt of
830		-	the hearing officer's findings of fact and recommendation
831		-	as to whether (i) the conduct at issue occurred, (ii) the
832		-	conduct that did occur was remediable, and (iii) the
833		-	proposed dismissal should be sustained, shall issue a
834		-	written order as to whether the teacher must be retained
835		-	or dismissed for cause from its employ. The school board's
836		-	written order shall incorporate the hearing officer's
837		-	findings of fact, except that the school board may modify
838		-	or supplement the findings of fact if, in its opinion, the
839		-	findings of fact are against the manifest weight of the
840		-	evidence.
841		-	If the school board dismisses the teacher
842		-	notwithstanding the hearing officer's findings of fact and
843	386
844	387
845		-	recommendation, the school board shall make a conclusion
846		-	in its written order, giving its reasons therefor, and
847		-	such conclusion and reasons must be included in its
848		-	written order. The failure of the school board to strictly
849		-	adhere to the timelines contained in this Section shall
850		-	not render it without jurisdiction to dismiss the teacher.
851		-	The school board shall not lose jurisdiction to discharge
852		-	the teacher for cause if the hearing officer fails to
853		-	render a recommendation within the time specified in this
854		-	Section. The decision of the school board is final, unless
855		-	reviewed as provided in paragraph (9) of this subsection
856		-	(d).
857		-	If the school board retains the teacher, the school
858		-	board shall enter a written order stating the amount of
859		-	back pay and lost benefits, less mitigation, to be paid to
860		-	the teacher, within 45 days after its retention order.
861		-	Should the teacher object to the amount of the back pay and
862		-	lost benefits or amount mitigated, the teacher shall give
863		-	written objections to the amount within 21 days. If the
864		-	parties fail to reach resolution within 7 days, the
865		-	dispute shall be referred to the hearing officer, who
866		-	shall consider the school board's written order and
867		-	teacher's written objection and determine the amount to
868		-	which the school board is liable. The costs of the hearing
869		-	officer's review and determination must be paid by the
870		-	board.
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871	390
872	391
873		-	(9) The decision of the hearing officer pursuant to
874		-	Article 24A of this Code or of the school board's decision
875		-	to dismiss for cause is final unless reviewed as provided
876		-	in Section 24-16 of this Code. If the school board's
877		-	decision to dismiss for cause is contrary to the hearing
878		-	officer's recommendation, the court on review shall give
879		-	consideration to the school board's decision and its
880		-	supplemental findings of fact, if applicable, and the
881		-	hearing officer's findings of fact and recommendation in
882		-	making its decision. In the event such review is
883		-	instituted, the school board shall be responsible for
884		-	preparing and filing the record of proceedings, and such
885		-	costs associated therewith must be divided equally between
886		-	the parties.
887		-	(10) If a decision of the hearing officer for
888		-	dismissal pursuant to Article 24A of this Code or of the
889		-	school board for dismissal for cause is adjudicated upon
890		-	review or appeal in favor of the teacher, then the trial
891		-	court shall order reinstatement and shall remand the
892		-	matter to the school board with direction for entry of an
893		-	order setting the amount of back pay, lost benefits, and
894		-	costs, less mitigation. The teacher may challenge the
895		-	school board's order setting the amount of back pay, lost
896		-	benefits, and costs, less mitigation, through an expedited
897		-	arbitration procedure, with the costs of the arbitrator
898		-	borne by the school board.
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	393	+	HB3592 Enrolled - 12 - LRB103 29766 RJT 56172 b
	394	+	1 determine the sequence of dismissal, notwithstanding the
	395	+	2 pendency of any grievance resolution or arbitration procedures
	396	+	3 relating to the performance evaluation. If a teacher has
	397	+	4 received at least one performance evaluation rating conducted
	398	+	5 by the school district or joint agreement determining the
	399	+	6 sequence of dismissal and a subsequent performance evaluation
	400	+	7 is not conducted in any school year in which such evaluation is
	401	+	8 required to be conducted under Section 24A-5 of this Code, the
	402	+	9 teacher's performance evaluation rating for that school year
	403	+	10 for purposes of determining the sequence of dismissal is
	404	+	11 deemed Proficient, except that, during any time in which the
	405	+	12 Governor has declared a disaster due to a public health
	406	+	13 emergency pursuant to Section 7 of the Illinois Emergency
	407	+	14 Management Agency Act, this default to Proficient does not
	408	+	15 apply to any teacher who has entered into contractual
	409	+	16 continued service and who was deemed Excellent on his or her
	410	+	17 most recent evaluation. During any time in which the Governor
	411	+	18 has declared a disaster due to a public health emergency
	412	+	19 pursuant to Section 7 of the Illinois Emergency Management
	413	+	20 Agency Act and unless the school board and any exclusive
	414	+	21 bargaining representative have completed the performance
	415	+	22 rating for teachers or have mutually agreed to an alternate
	416	+	23 performance rating, any teacher who has entered into
	417	+	24 contractual continued service, whose most recent evaluation
	418	+	25 was deemed Excellent, and whose performance evaluation is not
	419	+	26 conducted when the evaluation is required to be conducted
899	420
900	421
901		-	Any teacher who is reinstated by any hearing or
902		-	adjudication brought under this Section shall be assigned
903		-	by the board to a position substantially similar to the
904		-	one which that teacher held prior to that teacher's
905		-	suspension or dismissal.
906		-	(11) Subject to any later effective date referenced in
907		-	this Section for a specific aspect of the dismissal
908		-	process, the changes made by Public Act 97-8 shall apply
909		-	to dismissals instituted on or after September 1, 2011.
910		-	Any dismissal instituted prior to September 1, 2011 must
911		-	be carried out in accordance with the requirements of this
912		-	Section prior to amendment by Public Act 97-8.
913		-	(e) Nothing contained in Public Act 98-648 repeals,
914		-	supersedes, invalidates, or nullifies final decisions in
915		-	lawsuits pending on July 1, 2014 (the effective date of Public
916		-	Act 98-648) in Illinois courts involving the interpretation of
917		-	Public Act 97-8.
918		-	(Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
919		-	101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
920		-	(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
921		-	Sec. 34-85. Removal for cause; notice and hearing;
922		-	suspension.
923		-	(a) No teacher employed by the board of education shall
924		-	(after serving the probationary period specified in Section
925		-	34-84) be removed except for cause. Teachers (who have
926	422
927	423
928		-	completed the probationary period specified in Section 34-84
929		-	of this Code) shall be removed for cause in accordance with the
930		-	procedures set forth in this Section or, at the board's
931		-	option, the procedures set forth in Section 24-16.5 of this
932		-	Code or such other procedures established in an agreement
933		-	entered into between the board and the exclusive
934		-	representative of the district's teachers under Section 34-85c
935		-	of this Code for teachers (who have completed the probationary
936		-	period specified in Section 34-84 of this Code) assigned to
937		-	schools identified in that agreement. No principal employed by
938		-	the board of education shall be removed during the term of his
939		-	or her performance contract except for cause, which may
940		-	include but is not limited to the principal's repeated failure
941		-	to implement the school improvement plan or to comply with the
942		-	provisions of the Uniform Performance Contract, including
943		-	additional criteria established by the Council for inclusion
944		-	in the performance contract pursuant to Section 34-2.3.
945		-	Before service of notice of charges on account of causes
946		-	that may be deemed to be remediable, the teacher or principal
947		-	must be given reasonable warning in writing, stating
948		-	specifically the causes that, if not removed, may result in
949		-	charges; however, no such written warning is required if the
950		-	causes have been the subject of a remediation plan pursuant to
951		-	Article 24A of this Code or if the board and the exclusive
952		-	representative of the district's teachers have entered into an
953		-	agreement pursuant to Section 34-85c of this Code, pursuant to
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954	426
955	427
956		-	an alternative system of remediation. No written warning shall
957		-	be required for conduct on the part of a teacher or principal
958		-	that is cruel, immoral, negligent, or criminal or that in any
959		-	way causes psychological or physical harm or injury to a
960		-	student, as that conduct is deemed to be irremediable. No
961		-	written warning shall be required for a material breach of the
962		-	uniform principal performance contract, as that conduct is
963		-	deemed to be irremediable; provided that not less than 30 days
964		-	before the vote of the local school council to seek the
965		-	dismissal of a principal for a material breach of a uniform
966		-	principal performance contract, the local school council shall
967		-	specify the nature of the alleged breach in writing and
968		-	provide a copy of it to the principal.
969		-	(1) To initiate dismissal proceedings against a
970		-	teacher or principal, the general superintendent must
971		-	first approve written charges and specifications against
972		-	the teacher or principal. A local school council may
973		-	direct the general superintendent to approve written
974		-	charges against its principal on behalf of the Council
975		-	upon the vote of 7 members of the Council. The general
976		-	superintendent must approve those charges within 45
977		-	calendar days or provide a written reason for not
978		-	approving those charges. A written notice of those
979		-	charges, including specifications, shall be served upon
980		-	the teacher or principal within 10 business days of the
981		-	approval of the charges. Any written notice sent on or
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	430	+	1 shall receive a teacher's performance rating deemed Excellent.
	431	+	2 A school board and any exclusive bargaining representative may
	432	+	3 mutually agree to an alternate performance rating for teachers
	433	+	4 not in contractual continued service during any time in which
	434	+	5 the Governor has declared a disaster due to a public health
	435	+	6 emergency pursuant to Section 7 of the Illinois Emergency
	436	+	7 Management Agency Act, as long as the agreement is in writing.
	437	+	8 If a performance evaluation rating is nullified as the result
	438	+	9 of an arbitration, administrative agency, or court
	439	+	10 determination, then the school district or joint agreement is
	440	+	11 deemed to have conducted a performance evaluation for that
	441	+	12 school year, but the performance evaluation rating may not be
	442	+	13 used in determining the sequence of dismissal.
	443	+	14 Nothing in this subsection (b) shall be construed as
	444	+	15 limiting the right of a school board or governing board of a
	445	+	16 joint agreement to dismiss a teacher not in contractual
	446	+	17 continued service in accordance with Section 24-11 of this
	447	+	18 Code.
	448	+	19 Any provisions regarding the sequence of honorable
	449	+	20 dismissals and recall of honorably dismissed teachers in a
	450	+	21 collective bargaining agreement entered into on or before
	451	+	22 January 1, 2011 and in effect on June 13, 2011 (the effective
	452	+	23 date of Public Act 97-8) that may conflict with Public Act 97-8
	453	+	24 shall remain in effect through the expiration of such
	454	+	25 agreement or June 30, 2013, whichever is earlier.
	455	+	26 (c) Each school district and special education joint
982	456
983	457
984		-	after July 1, 2012 shall also inform the teacher or
985		-	principal of the right to request a hearing before a
986		-	mutually selected hearing officer, with the cost of the
987		-	hearing officer split equally between the teacher or
988		-	principal and the board, or a hearing before a qualified
989		-	hearing officer chosen by the general superintendent, with
990		-	the cost of the hearing officer paid by the board. If the
991		-	teacher or principal cannot be found upon diligent
992		-	inquiry, such charges may be served upon him by mailing a
993		-	copy thereof in a sealed envelope by prepaid certified
994		-	mail, return receipt requested, to the teacher's or
995		-	principal's last known address. A return receipt showing
996		-	delivery to such address within 20 calendar days after the
997		-	date of the approval of the charges shall constitute proof
998		-	of service.
999		-	(2) No hearing upon the charges is required unless the
1000		-	teacher or principal within 17 calendar days after
1001		-	receiving notice requests in writing of the general
1002		-	superintendent that a hearing be scheduled. Pending the
1003		-	hearing of the charges, the general superintendent or his
1004		-	or her designee may suspend the teacher or principal
1005		-	charged without pay in accordance with rules prescribed by
1006		-	the board, provided that if the teacher or principal
1007		-	charged is not dismissed based on the charges, he or she
1008		-	must be made whole for lost earnings, less setoffs for
1009		-	mitigation.
1010	458
1011	459
1012		-	(3) The board shall maintain a list of at least 9
1013		-	qualified hearing officers who will conduct hearings on
1014		-	charges and specifications. The list must be developed in
1015		-	good faith consultation with the exclusive representative
1016		-	of the board's teachers and professional associations that
1017		-	represent the board's principals. The list may be revised
1018		-	on July 1st of each year or earlier as needed. To be a
1019		-	qualified hearing officer, the person must (i) be
1020		-	accredited by a national arbitration organization and have
1021		-	had a minimum of 5 years of experience as an arbitrator in
1022		-	cases involving labor and employment relations matters
1023		-	between employers and employees or their exclusive
1024		-	bargaining representatives and (ii) beginning September 1,
1025		-	2012, have participated in training provided or approved
1026		-	by the State Board of Education for teacher dismissal
1027		-	hearing officers so that he or she is familiar with issues
1028		-	generally involved in evaluative and non-evaluative
1029		-	dismissals.
1030		-	Within 5 business days after receiving the notice of
1031		-	request for a hearing, the general superintendent and the
1032		-	teacher or principal or their legal representatives shall
1033		-	alternately strike one name from the list until only one
1034		-	name remains. Unless waived by the teacher, the teacher or
1035		-	principal shall have the right to proceed first with the
1036		-	striking. If the teacher or principal fails to participate
1037		-	in the striking process, the general superintendent shall
	460	+
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1038	462
1039	463
1040		-	either select the hearing officer from the list developed
1041		-	pursuant to this paragraph (3) or select another qualified
1042		-	hearing officer from the master list maintained by the
1043		-	State Board of Education pursuant to subsection (c) of
1044		-	Section 24-12 of this Code.
1045		-	(4) If the notice of dismissal was sent to the teacher
1046		-	or principal before July 1, 2012, the fees and costs for
1047		-	the hearing officer shall be paid by the State Board of
1048		-	Education. If the notice of dismissal was sent to the
1049		-	teacher or principal on or after July 1, 2012, the hearing
1050		-	officer's fees and costs must be paid as follows in this
1051		-	paragraph (4). The fees and permissible costs for the
1052		-	hearing officer shall be determined by the State Board of
1053		-	Education. If the hearing officer is mutually selected by
1054		-	the parties through alternate striking in accordance with
1055		-	paragraph (3) of this subsection (a), then the board and
1056		-	the teacher or their legal representative shall each pay
1057		-	50% of the fees and costs and any supplemental allowance
1058		-	to which they agree. If the hearing officer is selected by
1059		-	the general superintendent without the participation of
1060		-	the teacher or principal, then the board shall pay 100% of
1061		-	the hearing officer fees and costs. The hearing officer
1062		-	shall submit for payment a billing statement to the
1063		-	parties that itemizes the charges and expenses and divides
1064		-	them in accordance with this Section.
1065		-	(5) The teacher or the principal charged is required
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	465	+	HB3592 Enrolled - 14 - LRB103 29766 RJT 56172 b
	466	+	1 agreement must use a joint committee composed of equal
	467	+	2 representation selected by the school board and its teachers
	468	+	3 or, if applicable, the exclusive bargaining representative of
	469	+	4 its teachers, to address the matters described in paragraphs
	470	+	5 (1) through (5) of this subsection (c) pertaining to honorable
	471	+	6 dismissals under subsection (b) of this Section.
	472	+	7 (1) The joint committee must consider and may agree to
	473	+	8 criteria for excluding from grouping 2 and placing into
	474	+	9 grouping 3 a teacher whose last 2 performance evaluations
	475	+	10 include a Needs Improvement and either a Proficient or
	476	+	11 Excellent.
	477	+	12 (2) The joint committee must consider and may agree to
	478	+	13 an alternative definition for grouping 4, which definition
	479	+	14 must take into account prior performance evaluation
	480	+	15 ratings and may take into account other factors that
	481	+	16 relate to the school district's or program's educational
	482	+	17 objectives. An alternative definition for grouping 4 may
	483	+	18 not permit the inclusion of a teacher in the grouping with
	484	+	19 a Needs Improvement or Unsatisfactory performance
	485	+	20 evaluation rating on either of the teacher's last 2
	486	+	21 performance evaluation ratings.
	487	+	22 (3) The joint committee may agree to including within
	488	+	23 the definition of a performance evaluation rating a
	489	+	24 performance evaluation rating administered by a school
	490	+	25 district or joint agreement other than the school district
	491	+	26 or joint agreement determining the sequence of dismissal.
1066	492
1067	493
1068		-	to answer the charges and specifications and aver
1069		-	affirmative matters in his or her defense, and the time
1070		-	for doing so must be set by the hearing officer. The State
1071		-	Board of Education shall adopt rules so that each party
1072		-	has a fair opportunity to present its case and to ensure
1073		-	that the dismissal proceeding is concluded in an
1074		-	expeditious manner. The rules shall address, without
1075		-	limitation, the teacher or principal's answer and
1076		-	affirmative defenses to the charges and specifications; a
1077		-	requirement that each party make mandatory disclosures
1078		-	without request to the other party and then update the
1079		-	disclosure no later than 10 calendar days prior to the
1080		-	commencement of the hearing, including a list of the names
1081		-	and addresses of persons who may be called as witnesses at
1082		-	the hearing, a summary of the facts or opinions each
1083		-	witness will testify to, and all other documents and
1084		-	materials, including information maintained
1085		-	electronically, relevant to its own as well as the other
1086		-	party's case (the hearing officer may exclude witnesses
1087		-	and exhibits not identified and shared, except those
1088		-	offered in rebuttal for which the party could not
1089		-	reasonably have anticipated prior to the hearing);
1090		-	pre-hearing discovery and preparation, including provision
1091		-	for written interrogatories and requests for production of
1092		-	documents, provided that discovery depositions are
1093		-	prohibited; the conduct of the hearing; the right of each
1094	494
1095	495
1096		-	party to be represented by counsel, the offer of evidence
1097		-	and witnesses and the cross-examination of witnesses; the
1098		-	authority of the hearing officer to issue subpoenas and
1099		-	subpoenas duces tecum, provided that the hearing officer
1100		-	may limit the number of witnesses to be subpoenaed in
1101		-	behalf of each party to no more than 7; the length of
1102		-	post-hearing briefs; and the form, length, and content of
1103		-	hearing officers' reports and recommendations to the
1104		-	general superintendent.
1105		-	The hearing officer shall commence the hearing within
1106		-	75 calendar days and conclude the hearing within 120
1107		-	calendar days after being selected by the parties as the
1108		-	hearing officer, provided that these timelines may be
1109		-	modified upon the showing of good cause or mutual
1110		-	agreement of the parties. Good cause for the purposes of
1111		-	this paragraph (5) shall mean the illness or otherwise
1112		-	unavoidable emergency of the teacher, district
1113		-	representative, their legal representatives, the hearing
1114		-	officer, or an essential witness as indicated in each
1115		-	party's pre-hearing submission. In a dismissal hearing in
1116		-	which a witness is a student or is under the age of 18, the
1117		-	hearing officer must make accommodations for the witness,
1118		-	as provided under paragraph (5.5) of this subsection. The
1119		-	hearing officer shall consider and give weight to all of
1120		-	the teacher's evaluations written pursuant to Article 24A
1121		-	that are relevant to the issues in the hearing. Except as
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1122	498
1123	499
1124		-	otherwise provided under paragraph (5.5) of this
1125		-	subsection, the teacher or principal has the privilege of
1126		-	being present at the hearing with counsel and of
1127		-	cross-examining witnesses and may offer evidence and
1128		-	witnesses and present defenses to the charges. Each party
1129		-	shall have no more than 3 days to present its case, unless
1130		-	extended by the hearing officer to enable a party to
1131		-	present adequate evidence and testimony, including due to
1132		-	the other party's cross-examination of the party's
1133		-	witnesses, for good cause or by mutual agreement of the
1134		-	parties. The State Board of Education shall define in
1135		-	rules the meaning of "day" for such purposes. All
1136		-	testimony at the hearing shall be taken under oath
1137		-	administered by the hearing officer. The hearing officer
1138		-	shall cause a record of the proceedings to be kept and
1139		-	shall employ a competent reporter to take stenographic or
1140		-	stenotype notes of all the testimony. The costs of the
1141		-	reporter's attendance and services at the hearing shall be
1142		-	paid by the party or parties who are paying the fees and
1143		-	costs of the hearing officer. Either party desiring a
1144		-	transcript of the hearing shall pay for the cost thereof.
1145		-	At the close of the hearing, the hearing officer shall
1146		-	direct the parties to submit post-hearing briefs no later
1147		-	than 21 calendar days after receipt of the transcript.
1148		-	Either or both parties may waive submission of briefs.
1149		-	(5.5) In the case of charges involving any witness who
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	501	+	HB3592 Enrolled - 15 - LRB103 29766 RJT 56172 b
	502	+	1 (4) For each school district or joint agreement that
	503	+	2 administers performance evaluation ratings that are
	504	+	3 inconsistent with either of the rating category systems
	505	+	4 specified in subsection (d) of Section 24A-5 of this Code,
	506	+	5 the school district or joint agreement must consult with
	507	+	6 the joint committee on the basis for assigning a rating
	508	+	7 that complies with subsection (d) of Section 24A-5 of this
	509	+	8 Code to each performance evaluation rating that will be
	510	+	9 used in a sequence of dismissal.
	511	+	10 (5) Upon request by a joint committee member submitted
	512	+	11 to the employing board by no later than 10 days after the
	513	+	12 distribution of the sequence of honorable dismissal list,
	514	+	13 a representative of the employing board shall, within 5
	515	+	14 days after the request, provide to members of the joint
	516	+	15 committee a list showing the most recent and prior
	517	+	16 performance evaluation ratings of each teacher identified
	518	+	17 only by length of continuing service in the district or
	519	+	18 joint agreement and not by name. If, after review of this
	520	+	19 list, a member of the joint committee has a good faith
	521	+	20 belief that a disproportionate number of teachers with
	522	+	21 greater length of continuing service with the district or
	523	+	22 joint agreement have received a recent performance
	524	+	23 evaluation rating lower than the prior rating, the member
	525	+	24 may request that the joint committee review the list to
	526	+	25 assess whether such a trend may exist. Following the joint
	527	+	26 committee's review, but by no later than the end of the
1150	528
1151	529
1152		-	is or was at the time of the alleged conduct sexual abuse
1153		-	or severe physical abuse of a student or a person under the
1154		-	age of 18, the hearing officer shall make accommodations
1155		-	alternative hearing procedures to protect a witness who is
1156		-	a student or who is under the age of 18 from being
1157		-	intimidated, or traumatized, or re-traumatized. No alleged
1158		-	victim or other witness who is or was at the time of the
1159		-	alleged conduct a student or under the age of 18 may be
1160		-	compelled to testify in the physical or visual presence of
1161		-	a teacher or other witness. If such a witness invokes this
1162		-	right, then the hearing officer must provide an
1163		-	accommodation consistent with the invoked right and use a
1164		-	procedure by which each party may hear such witness'
1165		-	testimony. Accommodations Alternative hearing procedures
1166		-	may include, but are not limited to: (i) testimony made
1167		-	via a telecommunication device in a location other than
1168		-	the hearing room and outside the physical or visual
1169		-	presence of the teacher or principal and other hearing
1170		-	participants, but accessible to the teacher via a
1171		-	telecommunication device, (ii) testimony made in the
1172		-	hearing room but outside the physical presence of the
1173		-	teacher or principal and accessible to the teacher via a
1174		-	telecommunication device, or (iii) non-public testimony,
1175		-	(iv) testimony made via videoconference with the cameras
1176		-	and microphones of the teacher turned off, or (v)
1177		-	pre-recorded testimony, including, but not limited to, a
1178	530
1179	531
1180		-	recording of a forensic interview conducted at an
1181		-	accredited Children's Advocacy Center. With all
1182		-	accommodations, the hearing officer shall give such
1183		-	testimony the same consideration as if the witness
1184		-	testified without the accommodation. The teacher may not
1185		-	directly, or through a representative, question a witness
1186		-	called by the school board who is or was a student or under
1187		-	18 years of age at the time of the alleged conduct. The
1188		-	hearing officer must permit the teacher to submit all
1189		-	relevant questions and follow-up questions for such a
1190		-	witness to have the questions posed by the hearing
1191		-	officer. During a testimony described under this
1192		-	subsection, each party must be permitted to ask a witness
1193		-	who is a student or who is under 18 years of age all
1194		-	relevant questions and follow-up questions. All questions
1195		-	must exclude evidence of the witness' sexual behavior or
1196		-	predisposition, unless the evidence is offered to prove
1197		-	that someone other than the teacher subject to the
1198		-	dismissal hearing engaged in the charge at issue.
1199		-	(6) The hearing officer shall within 30 calendar days
1200		-	from the conclusion of the hearing report to the general
1201		-	superintendent findings of fact and a recommendation as to
1202		-	whether or not the teacher or principal shall be dismissed
1203		-	and shall give a copy of the report to both the teacher or
1204		-	principal and the general superintendent. The State Board
1205		-	of Education shall provide by rule the form of the hearing
	532	+
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1206	534
1207	535
1208		-	officer's report and recommendation.
1209		-	(6.5) If any hearing officer fails without good cause,
1210		-	specifically provided in writing to both parties and the
1211		-	State Board of Education, to render findings of fact and
1212		-	recommendation within 90 days after the closing of the
1213		-	record and receipt of post-hearing briefs, or if any
1214		-	hearing officer fails to make an accommodation pursuant to
1215		-	paragraph (5.5) of this subsection (a), the hearing
1216		-	officer shall be removed from the list of hearing officers
1217		-	developed pursuant to paragraph (3) of this subsection (a)
1218		-	and the master list of qualified hearing officers
1219		-	maintained by the State Board of Education for not more
1220		-	than 24 months. The parties and the State Board of
1221		-	Education may also take such other actions as it deems
1222		-	appropriate, including recovering, reducing, or
1223		-	withholding any fees paid or to be paid to the hearing
1224		-	officer. If any hearing officer repeats such failure, he
1225		-	or she must be permanently removed from the list of
1226		-	hearing officers developed described in paragraph (3) and
1227		-	the master list maintained by the State Board of Education
1228		-	and may not be selected by parties. The board shall not
1229		-	lose jurisdiction to discharge a teacher or principal if
1230		-	the hearing officer fails to render findings of fact and
1231		-	recommendation within the time specified in this Section.
1232		-	(7) The board, within 45 days of receipt of the
1233		-	hearing officer's findings of fact and recommendation,
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	537	+	HB3592 Enrolled - 16 - LRB103 29766 RJT 56172 b
	538	+	1 applicable school term, the joint committee or any member
	539	+	2 or members of the joint committee may submit a report of
	540	+	3 the review to the employing board and exclusive bargaining
	541	+	4 representative, if any. Nothing in this paragraph (5)
	542	+	5 shall impact the order of honorable dismissal or a school
	543	+	6 district's or joint agreement's authority to carry out a
	544	+	7 dismissal in accordance with subsection (b) of this
	545	+	8 Section.
	546	+	9 Agreement by the joint committee as to a matter requires
	547	+	10 the majority vote of all committee members, and if the joint
	548	+	11 committee does not reach agreement on a matter, then the
	549	+	12 otherwise applicable requirements of subsection (b) of this
	550	+	13 Section shall apply. Except as explicitly set forth in this
	551	+	14 subsection (c), a joint committee has no authority to agree to
	552	+	15 any further modifications to the requirements for honorable
	553	+	16 dismissals set forth in subsection (b) of this Section. The
	554	+	17 joint committee must be established, and the first meeting of
	555	+	18 the joint committee each school year must occur on or before
	556	+	19 December 1.
	557	+	20 The joint committee must reach agreement on a matter on or
	558	+	21 before February 1 of a school year in order for the agreement
	559	+	22 of the joint committee to apply to the sequence of dismissal
	560	+	23 determined during that school year. Subject to the February 1
	561	+	24 deadline for agreements, the agreement of a joint committee on
	562	+	25 a matter shall apply to the sequence of dismissal until the
	563	+	26 agreement is amended or terminated by the joint committee.
1234	564
1235	565
1236		-	shall make a decision as to whether the teacher or
1237		-	principal shall be dismissed from its employ. The failure
1238		-	of the board to strictly adhere to the timeliness
1239		-	contained herein shall not render it without jurisdiction
1240		-	to dismiss the teacher or principal. In the event that the
1241		-	board declines to dismiss the teacher or principal after
1242		-	review of a hearing officer's recommendation, the board
1243		-	shall set the amount of back pay and benefits to award the
1244		-	teacher or principal, which shall include offsets for
1245		-	interim earnings and failure to mitigate losses. The board
1246		-	shall establish procedures for the teacher's or
1247		-	principal's submission of evidence to it regarding lost
1248		-	earnings, lost benefits, mitigation, and offsets. The
1249		-	decision of the board is final unless reviewed in
1250		-	accordance with paragraph (8) of this subsection (a).
1251		-	(8) The teacher may seek judicial review of the
1252		-	board's decision in accordance with the Administrative
1253		-	Review Law, which is specifically incorporated in this
1254		-	Section, except that the review must be initiated in the
1255		-	Illinois Appellate Court for the First District. In the
1256		-	event judicial review is instituted, any costs of
1257		-	preparing and filing the record of proceedings shall be
1258		-	paid by the party instituting the review. In the event the
1259		-	appellate court reverses a board decision to dismiss a
1260		-	teacher or principal and directs the board to pay the
1261		-	teacher or the principal back pay and benefits, the
1262	566
1263	567
1264		-	appellate court shall remand the matter to the board to
1265		-	issue an administrative decision as to the amount of back
1266		-	pay and benefits, which shall include a calculation of the
1267		-	lost earnings, lost benefits, mitigation, and offsets
1268		-	based on evidence submitted to the board in accordance
1269		-	with procedures established by the board.
1270		-	(9) Any hearing convened during a public health
1271		-	emergency pursuant to Section 7 of the Illinois Emergency
1272		-	Management Agency Act may be convened remotely. Any
1273		-	hearing officer for a hearing convened during a public
1274		-	health emergency pursuant to Section 7 of the Illinois
1275		-	Emergency Management Agency Act may voluntarily withdraw
1276		-	from the hearing and another hearing officer shall be
1277		-	selected or appointed pursuant to this Section.
1278		-	In this paragraph, "pre-hearing procedures" refers to
1279		-	the pre-hearing procedures under Section 51.55 of Title 23
1280		-	of the Illinois Administrative Code and "hearing" refers
1281		-	to the hearing under Section 51.60 of Title 23 of the
1282		-	Illinois Administrative Code. Any teacher or principal who
1283		-	has been charged with engaging in acts of corporal
1284		-	punishment, physical abuse, grooming, or sexual misconduct
1285		-	and who previously paused pre-hearing procedures or a
1286		-	hearing pursuant to Public Act 101-643 must proceed with
1287		-	selection of a hearing officer or hearing date, or both,
1288		-	within the timeframes established by paragraphs (3)
1289		-	through (5) of this subsection (a), unless the timeframes
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1290	570
1291	571
1292		-	are mutually waived in writing by both parties, and all
1293		-	timelines set forth in this Section in cases concerning
1294		-	corporal punishment, physical abuse, grooming, or sexual
1295		-	misconduct shall be reset to begin the day after the
1296		-	effective date of this amendatory Act of the 102nd General
1297		-	Assembly. Any teacher or principal charged with engaging
1298		-	in acts of corporal punishment, physical abuse, grooming,
1299		-	or sexual misconduct on or after the effective date of
1300		-	this amendatory Act of the 102nd General Assembly may not
1301		-	pause pre-hearing procedures or a hearing.
1302		-	(b) Nothing in this Section affects the validity of
1303		-	removal for cause hearings commenced prior to June 13, 2011
1304		-	(the effective date of Public Act 97-8).
1305		-	The changes made by Public Act 97-8 shall apply to
1306		-	dismissals instituted on or after September 1, 2011 or the
1307		-	effective date of Public Act 97-8, whichever is later. Any
1308		-	dismissal instituted prior to the effective date of these
1309		-	changes must be carried out in accordance with the
1310		-	requirements of this Section prior to amendment by Public Act
1311		-	97-8.
1312		-	(Source: P.A. 101-531, eff. 8-23-19; 101-643, eff. 6-18-20;
1313		-	102-708, eff. 4-22-22.)
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	573	+	HB3592 Enrolled - 17 - LRB103 29766 RJT 56172 b
	574	+	1 The provisions of the Open Meetings Act shall not apply to
	575	+	2 meetings of a joint committee created under this subsection
	576	+	3 (c).
	577	+	4 (d) Notwithstanding anything to the contrary in this
	578	+	5 subsection (d), the requirements and dismissal procedures of
	579	+	6 Section 24-16.5 of this Code shall apply to any dismissal
	580	+	7 sought under Section 24-16.5 of this Code.
	581	+	8 (1) If a dismissal of a teacher in contractual
	582	+	9 continued service is sought for any reason or cause other
	583	+	10 than an honorable dismissal under subsections (a) or (b)
	584	+	11 of this Section or a dismissal sought under Section
	585	+	12 24-16.5 of this Code, including those under Section
	586	+	13 10-22.4, the board must first approve a motion containing
	587	+	14 specific charges by a majority vote of all its members.
	588	+	15 Written notice of such charges, including a bill of
	589	+	16 particulars and the teacher's right to request a hearing,
	590	+	17 must be mailed to the teacher and also given to the teacher
	591	+	18 either by electronic mail, certified mail, return receipt
	592	+	19 requested, or personal delivery with receipt within 5 days
	593	+	20 of the adoption of the motion. Any written notice sent on
	594	+	21 or after July 1, 2012 shall inform the teacher of the right
	595	+	22 to request a hearing before a mutually selected hearing
	596	+	23 officer, with the cost of the hearing officer split
	597	+	24 equally between the teacher and the board, or a hearing
	598	+	25 before a board-selected hearing officer, with the cost of
	599	+	26 the hearing officer paid by the board.
	600	+
	601	+
	602	+
	603	+
	604	+
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	606	+
	607	+
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	609	+	HB3592 Enrolled - 18 - LRB103 29766 RJT 56172 b
	610	+	1 Before setting a hearing on charges stemming from
	611	+	2 causes that are considered remediable, a board must give
	612	+	3 the teacher reasonable warning in writing, stating
	613	+	4 specifically the causes that, if not removed, may result
	614	+	5 in charges; however, no such written warning is required
	615	+	6 if the causes have been the subject of a remediation plan
	616	+	7 pursuant to Article 24A of this Code.
	617	+	8 If, in the opinion of the board, the interests of the
	618	+	9 school require it, the board may suspend the teacher
	619	+	10 without pay, pending the hearing, but if the board's
	620	+	11 dismissal or removal is not sustained, the teacher shall
	621	+	12 not suffer the loss of any salary or benefits by reason of
	622	+	13 the suspension.
	623	+	14 (2) No hearing upon the charges is required unless the
	624	+	15 teacher within 17 days after receiving notice requests in
	625	+	16 writing of the board that a hearing be scheduled before a
	626	+	17 mutually selected hearing officer or a hearing officer
	627	+	18 selected by the board. The secretary of the school board
	628	+	19 shall forward a copy of the notice to the State Board of
	629	+	20 Education.
	630	+	21 (3) Within 5 business days after receiving a notice of
	631	+	22 hearing in which either notice to the teacher was sent
	632	+	23 before July 1, 2012 or, if the notice was sent on or after
	633	+	24 July 1, 2012, the teacher has requested a hearing before a
	634	+	25 mutually selected hearing officer, the State Board of
	635	+	26 Education shall provide a list of 5 prospective, impartial
	636	+
	637	+
	638	+
	639	+
	640	+
	641	+	HB3592 Enrolled - 18 - LRB103 29766 RJT 56172 b
	642	+
	643	+
	644	+	HB3592 Enrolled- 19 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 19 - LRB103 29766 RJT 56172 b
	645	+	HB3592 Enrolled - 19 - LRB103 29766 RJT 56172 b
	646	+	1 hearing officers from the master list of qualified,
	647	+	2 impartial hearing officers maintained by the State Board
	648	+	3 of Education. Each person on the master list must (i) be
	649	+	4 accredited by a national arbitration organization and have
	650	+	5 had a minimum of 5 years of experience directly related to
	651	+	6 labor and employment relations matters between employers
	652	+	7 and employees or their exclusive bargaining
	653	+	8 representatives and (ii) beginning September 1, 2012, have
	654	+	9 participated in training provided or approved by the State
	655	+	10 Board of Education for teacher dismissal hearing officers
	656	+	11 so that he or she is familiar with issues generally
	657	+	12 involved in evaluative and non-evaluative dismissals.
	658	+	13 If notice to the teacher was sent before July 1, 2012
	659	+	14 or, if the notice was sent on or after July 1, 2012, the
	660	+	15 teacher has requested a hearing before a mutually selected
	661	+	16 hearing officer, the board and the teacher or their legal
	662	+	17 representatives within 3 business days shall alternately
	663	+	18 strike one name from the list provided by the State Board
	664	+	19 of Education until only one name remains. Unless waived by
	665	+	20 the teacher, the teacher shall have the right to proceed
	666	+	21 first with the striking. Within 3 business days of receipt
	667	+	22 of the list provided by the State Board of Education, the
	668	+	23 board and the teacher or their legal representatives shall
	669	+	24 each have the right to reject all prospective hearing
	670	+	25 officers named on the list and notify the State Board of
	671	+	26 Education of such rejection. Within 3 business days after
	672	+
	673	+
	674	+
	675	+
	676	+
	677	+	HB3592 Enrolled - 19 - LRB103 29766 RJT 56172 b
	678	+
	679	+
	680	+	HB3592 Enrolled- 20 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 20 - LRB103 29766 RJT 56172 b
	681	+	HB3592 Enrolled - 20 - LRB103 29766 RJT 56172 b
	682	+	1 receiving this notification, the State Board of Education
	683	+	2 shall appoint a qualified person from the master list who
	684	+	3 did not appear on the list sent to the parties to serve as
	685	+	4 the hearing officer, unless the parties notify it that
	686	+	5 they have chosen to alternatively select a hearing officer
	687	+	6 under paragraph (4) of this subsection (d).
	688	+	7 If the teacher has requested a hearing before a
	689	+	8 hearing officer selected by the board, the board shall
	690	+	9 select one name from the master list of qualified
	691	+	10 impartial hearing officers maintained by the State Board
	692	+	11 of Education within 3 business days after receipt and
	693	+	12 shall notify the State Board of Education of its
	694	+	13 selection.
	695	+	14 A hearing officer mutually selected by the parties,
	696	+	15 selected by the board, or selected through an alternative
	697	+	16 selection process under paragraph (4) of this subsection
	698	+	17 (d) (A) must not be a resident of the school district, (B)
	699	+	18 must be available to commence the hearing within 75 days
	700	+	19 and conclude the hearing within 120 days after being
	701	+	20 selected as the hearing officer, and (C) must issue a
	702	+	21 decision as to whether the teacher must be dismissed and
	703	+	22 give a copy of that decision to both the teacher and the
	704	+	23 board within 30 days from the conclusion of the hearing or
	705	+	24 closure of the record, whichever is later.
	706	+	25 Any hearing convened during a public health emergency
	707	+	26 pursuant to Section 7 of the Illinois Emergency Management
	708	+
	709	+
	710	+
	711	+
	712	+
	713	+	HB3592 Enrolled - 20 - LRB103 29766 RJT 56172 b
	714	+
	715	+
	716	+	HB3592 Enrolled- 21 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 21 - LRB103 29766 RJT 56172 b
	717	+	HB3592 Enrolled - 21 - LRB103 29766 RJT 56172 b
	718	+	1 Agency Act may be convened remotely. Any hearing officer
	719	+	2 for a hearing convened during a public health emergency
	720	+	3 pursuant to Section 7 of the Illinois Emergency Management
	721	+	4 Agency Act may voluntarily withdraw from the hearing and
	722	+	5 another hearing officer shall be selected or appointed
	723	+	6 pursuant to this Section.
	724	+	7 In this paragraph, "pre-hearing procedures" refers to
	725	+	8 the pre-hearing procedures under Section 51.55 of Title 23
	726	+	9 of the Illinois Administrative Code and "hearing" refers
	727	+	10 to the hearing under Section 51.60 of Title 23 of the
	728	+	11 Illinois Administrative Code. Any teacher who has been
	729	+	12 charged with engaging in acts of corporal punishment,
	730	+	13 physical abuse, grooming, or sexual misconduct and who
	731	+	14 previously paused pre-hearing procedures or a hearing
	732	+	15 pursuant to Public Act 101-643 must proceed with selection
	733	+	16 of a hearing officer or hearing date, or both, within the
	734	+	17 timeframes established by this paragraph (3) and
	735	+	18 paragraphs (4) through (6) of this subsection (d), unless
	736	+	19 the timeframes are mutually waived in writing by both
	737	+	20 parties, and all timelines set forth in this Section in
	738	+	21 cases concerning corporal punishment, physical abuse,
	739	+	22 grooming, or sexual misconduct shall be reset to begin the
	740	+	23 day after the effective date of this amendatory Act of the
	741	+	24 102nd General Assembly. Any teacher charged with engaging
	742	+	25 in acts of corporal punishment, physical abuse, grooming,
	743	+	26 or sexual misconduct on or after the effective date of
	744	+
	745	+
	746	+
	747	+
	748	+
	749	+	HB3592 Enrolled - 21 - LRB103 29766 RJT 56172 b
	750	+
	751	+
	752	+	HB3592 Enrolled- 22 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 22 - LRB103 29766 RJT 56172 b
	753	+	HB3592 Enrolled - 22 - LRB103 29766 RJT 56172 b
	754	+	1 this amendatory Act of the 102nd General Assembly may not
	755	+	2 pause pre-hearing procedures or a hearing.
	756	+	3 (4) In the alternative to selecting a hearing officer
	757	+	4 from the list received from the State Board of Education
	758	+	5 or accepting the appointment of a hearing officer by the
	759	+	6 State Board of Education or if the State Board of
	760	+	7 Education cannot provide a list or appoint a hearing
	761	+	8 officer that meets the foregoing requirements, the board
	762	+	9 and the teacher or their legal representatives may
	763	+	10 mutually agree to select an impartial hearing officer who
	764	+	11 is not on the master list either by direct appointment by
	765	+	12 the parties or by using procedures for the appointment of
	766	+	13 an arbitrator established by the Federal Mediation and
	767	+	14 Conciliation Service or the American Arbitration
	768	+	15 Association. The parties shall notify the State Board of
	769	+	16 Education of their intent to select a hearing officer
	770	+	17 using an alternative procedure within 3 business days of
	771	+	18 receipt of a list of prospective hearing officers provided
	772	+	19 by the State Board of Education, notice of appointment of
	773	+	20 a hearing officer by the State Board of Education, or
	774	+	21 receipt of notice from the State Board of Education that
	775	+	22 it cannot provide a list that meets the foregoing
	776	+	23 requirements, whichever is later.
	777	+	24 (5) If the notice of dismissal was sent to the teacher
	778	+	25 before July 1, 2012, the fees and costs for the hearing
	779	+	26 officer must be paid by the State Board of Education. If
	780	+
	781	+
	782	+
	783	+
	784	+
	785	+	HB3592 Enrolled - 22 - LRB103 29766 RJT 56172 b
	786	+
	787	+
	788	+	HB3592 Enrolled- 23 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 23 - LRB103 29766 RJT 56172 b
	789	+	HB3592 Enrolled - 23 - LRB103 29766 RJT 56172 b
	790	+	1 the notice of dismissal was sent to the teacher on or after
	791	+	2 July 1, 2012, the hearing officer's fees and costs must be
	792	+	3 paid as follows in this paragraph (5). The fees and
	793	+	4 permissible costs for the hearing officer must be
	794	+	5 determined by the State Board of Education. If the board
	795	+	6 and the teacher or their legal representatives mutually
	796	+	7 agree to select an impartial hearing officer who is not on
	797	+	8 a list received from the State Board of Education, they
	798	+	9 may agree to supplement the fees determined by the State
	799	+	10 Board to the hearing officer, at a rate consistent with
	800	+	11 the hearing officer's published professional fees. If the
	801	+	12 hearing officer is mutually selected by the parties, then
	802	+	13 the board and the teacher or their legal representatives
	803	+	14 shall each pay 50% of the fees and costs and any
	804	+	15 supplemental allowance to which they agree. If the hearing
	805	+	16 officer is selected by the board, then the board shall pay
	806	+	17 100% of the hearing officer's fees and costs. The fees and
	807	+	18 costs must be paid to the hearing officer within 14 days
	808	+	19 after the board and the teacher or their legal
	809	+	20 representatives receive the hearing officer's decision set
	810	+	21 forth in paragraph (7) of this subsection (d).
	811	+	22 (6) The teacher is required to answer the bill of
	812	+	23 particulars and aver affirmative matters in his or her
	813	+	24 defense, and the time for initially doing so and the time
	814	+	25 for updating such answer and defenses after pre-hearing
	815	+	26 discovery must be set by the hearing officer. The State
	816	+
	817	+
	818	+
	819	+
	820	+
	821	+	HB3592 Enrolled - 23 - LRB103 29766 RJT 56172 b
	822	+
	823	+
	824	+	HB3592 Enrolled- 24 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 24 - LRB103 29766 RJT 56172 b
	825	+	HB3592 Enrolled - 24 - LRB103 29766 RJT 56172 b
	826	+	1 Board of Education shall promulgate rules so that each
	827	+	2 party has a fair opportunity to present its case and to
	828	+	3 ensure that the dismissal process proceeds in a fair and
	829	+	4 expeditious manner. These rules shall address, without
	830	+	5 limitation, discovery and hearing scheduling conferences;
	831	+	6 the teacher's initial answer and affirmative defenses to
	832	+	7 the bill of particulars and the updating of that
	833	+	8 information after pre-hearing discovery; provision for
	834	+	9 written interrogatories and requests for production of
	835	+	10 documents; the requirement that each party initially
	836	+	11 disclose to the other party and then update the disclosure
	837	+	12 no later than 10 calendar days prior to the commencement
	838	+	13 of the hearing, the names and addresses of persons who may
	839	+	14 be called as witnesses at the hearing, a summary of the
	840	+	15 facts or opinions each witness will testify to, and all
	841	+	16 other documents and materials, including information
	842	+	17 maintained electronically, relevant to its own as well as
	843	+	18 the other party's case (the hearing officer may exclude
	844	+	19 witnesses and exhibits not identified and shared, except
	845	+	20 those offered in rebuttal for which the party could not
	846	+	21 reasonably have anticipated prior to the hearing);
	847	+	22 pre-hearing discovery and preparation, including provision
	848	+	23 for written interrogatories and requests for production of
	849	+	24 documents, provided that discovery depositions are
	850	+	25 prohibited; the conduct of the hearing; the right of each
	851	+	26 party to be represented by counsel, the offer of evidence
	852	+
	853	+
	854	+
	855	+
	856	+
	857	+	HB3592 Enrolled - 24 - LRB103 29766 RJT 56172 b
	858	+
	859	+
	860	+	HB3592 Enrolled- 25 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 25 - LRB103 29766 RJT 56172 b
	861	+	HB3592 Enrolled - 25 - LRB103 29766 RJT 56172 b
	862	+	1 and witnesses and the cross-examination of witnesses; the
	863	+	2 authority of the hearing officer to issue subpoenas and
	864	+	3 subpoenas duces tecum, provided that the hearing officer
	865	+	4 may limit the number of witnesses to be subpoenaed on
	866	+	5 behalf of each party to no more than 7; the length of
	867	+	6 post-hearing briefs; and the form, length, and content of
	868	+	7 hearing officers' decisions. The hearing officer shall
	869	+	8 hold a hearing and render a final decision for dismissal
	870	+	9 pursuant to Article 24A of this Code or shall report to the
	871	+	10 school board findings of fact and a recommendation as to
	872	+	11 whether or not the teacher must be dismissed for conduct.
	873	+	12 The hearing officer shall commence the hearing within 75
	874	+	13 days and conclude the hearing within 120 days after being
	875	+	14 selected as the hearing officer, provided that the hearing
	876	+	15 officer may modify these timelines upon the showing of
	877	+	16 good cause or mutual agreement of the parties. Good cause
	878	+	17 for the purpose of this subsection (d) shall mean the
	879	+	18 illness or otherwise unavoidable emergency of the teacher,
	880	+	19 district representative, their legal representatives, the
	881	+	20 hearing officer, or an essential witness as indicated in
	882	+	21 each party's pre-hearing submission. In a dismissal
	883	+	22 hearing pursuant to Article 24A of this Code in which a
	884	+	23 witness is a student or is under the age of 18, the hearing
	885	+	24 officer must make accommodations for the witness, as
	886	+	25 provided under paragraph (6.5) of this subsection. The
	887	+	26 hearing officer shall consider and give weight to all of
	888	+
	889	+
	890	+
	891	+
	892	+
	893	+	HB3592 Enrolled - 25 - LRB103 29766 RJT 56172 b
	894	+
	895	+
	896	+	HB3592 Enrolled- 26 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 26 - LRB103 29766 RJT 56172 b
	897	+	HB3592 Enrolled - 26 - LRB103 29766 RJT 56172 b
	898	+	1 the teacher's evaluations written pursuant to Article 24A
	899	+	2 that are relevant to the issues in the hearing.
	900	+	3 Each party shall have no more than 3 days to present
	901	+	4 its case, unless extended by the hearing officer to enable
	902	+	5 a party to present adequate evidence and testimony,
	903	+	6 including due to the other party's cross-examination of
	904	+	7 the party's witnesses, for good cause or by mutual
	905	+	8 agreement of the parties. The State Board of Education
	906	+	9 shall define in rules the meaning of "day" for such
	907	+	10 purposes. All testimony at the hearing shall be taken
	908	+	11 under oath administered by the hearing officer. The
	909	+	12 hearing officer shall cause a record of the proceedings to
	910	+	13 be kept and shall employ a competent reporter to take
	911	+	14 stenographic or stenotype notes of all the testimony. The
	912	+	15 costs of the reporter's attendance and services at the
	913	+	16 hearing shall be paid by the party or parties who are
	914	+	17 responsible for paying the fees and costs of the hearing
	915	+	18 officer. Either party desiring a transcript of the hearing
	916	+	19 shall pay for the cost thereof. Any post-hearing briefs
	917	+	20 must be submitted by the parties by no later than 21 days
	918	+	21 after a party's receipt of the transcript of the hearing,
	919	+	22 unless extended by the hearing officer for good cause or
	920	+	23 by mutual agreement of the parties.
	921	+	24 (6.5) In the case of charges involving any witness who
	922	+	25 is or was at the time of the alleged conduct sexual abuse
	923	+	26 or severe physical abuse of a student or a person under the
	924	+
	925	+
	926	+
	927	+
	928	+
	929	+	HB3592 Enrolled - 26 - LRB103 29766 RJT 56172 b
	930	+
	931	+
	932	+	HB3592 Enrolled- 27 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 27 - LRB103 29766 RJT 56172 b
	933	+	HB3592 Enrolled - 27 - LRB103 29766 RJT 56172 b
	934	+	1 age of 18, the hearing officer shall make accommodations
	935	+	2 alternative hearing procedures to protect a witness who is
	936	+	3 a student or who is under the age of 18 from being
	937	+	4 intimidated, or traumatized, or re-traumatized. No alleged
	938	+	5 victim or other witness who is or was at the time of the
	939	+	6 alleged conduct a student or under the age of 18 may be
	940	+	7 compelled to testify in the physical or visual presence of
	941	+	8 a teacher or other witness. If such a witness invokes this
	942	+	9 right, then the hearing officer must provide an
	943	+	10 accommodation consistent with the invoked right and use a
	944	+	11 procedure by which each party may hear such witness'
	945	+	12 testimony. Accommodations Alternative hearing procedures
	946	+	13 may include, but are not limited to: (i) testimony made
	947	+	14 via a telecommunication device in a location other than
	948	+	15 the hearing room and outside the physical or visual
	949	+	16 presence of the teacher and other hearing participants,
	950	+	17 but accessible to the teacher via a telecommunication
	951	+	18 device, (ii) testimony made in the hearing room but
	952	+	19 outside the physical presence of the teacher and
	953	+	20 accessible to the teacher via a telecommunication device,
	954	+	21 or (iii) non-public testimony, (iv) testimony made via
	955	+	22 videoconference with the cameras and microphones of the
	956	+	23 teacher turned off, or (v) pre-recorded testimony,
	957	+	24 including, but not limited to, a recording of a forensic
	958	+	25 interview conducted at an accredited Children's Advocacy
	959	+	26 Center. With all accommodations, the hearing officer shall
	960	+
	961	+
	962	+
	963	+
	964	+
	965	+	HB3592 Enrolled - 27 - LRB103 29766 RJT 56172 b
	966	+
	967	+
	968	+	HB3592 Enrolled- 28 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 28 - LRB103 29766 RJT 56172 b
	969	+	HB3592 Enrolled - 28 - LRB103 29766 RJT 56172 b
	970	+	1 give such testimony the same consideration as if the
	971	+	2 witness testified without the accommodation. The teacher
	972	+	3 may not directly, or through a representative, question a
	973	+	4 witness called by the school board who is or was a student
	974	+	5 or under 18 years of age at the time of the alleged
	975	+	6 conduct. The hearing officer must permit the teacher to
	976	+	7 submit all relevant questions and follow-up questions for
	977	+	8 such a witness to have the questions posed by the hearing
	978	+	9 officer. During a testimony described under this
	979	+	10 subsection, each party must be permitted to ask a witness
	980	+	11 who is a student or who is under 18 years of age all
	981	+	12 relevant questions and follow-up questions. All questions
	982	+	13 must exclude evidence of the witness' sexual behavior or
	983	+	14 predisposition, unless the evidence is offered to prove
	984	+	15 that someone other than the teacher subject to the
	985	+	16 dismissal hearing engaged in the charge at issue.
	986	+	17 (7) The hearing officer shall, within 30 days from the
	987	+	18 conclusion of the hearing or closure of the record,
	988	+	19 whichever is later, make a decision as to whether or not
	989	+	20 the teacher shall be dismissed pursuant to Article 24A of
	990	+	21 this Code or report to the school board findings of fact
	991	+	22 and a recommendation as to whether or not the teacher
	992	+	23 shall be dismissed for cause and shall give a copy of the
	993	+	24 decision or findings of fact and recommendation to both
	994	+	25 the teacher and the school board. If a hearing officer
	995	+	26 fails without good cause, specifically provided in writing
	996	+
	997	+
	998	+
	999	+
	1000	+
	1001	+	HB3592 Enrolled - 28 - LRB103 29766 RJT 56172 b
	1002	+
	1003	+
	1004	+	HB3592 Enrolled- 29 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 29 - LRB103 29766 RJT 56172 b
	1005	+	HB3592 Enrolled - 29 - LRB103 29766 RJT 56172 b
	1006	+	1 to both parties and the State Board of Education, to
	1007	+	2 render a decision or findings of fact and recommendation
	1008	+	3 within 30 days after the hearing is concluded or the
	1009	+	4 record is closed, whichever is later, the parties may
	1010	+	5 mutually agree to select a hearing officer pursuant to the
	1011	+	6 alternative procedure, as provided in this Section, to
	1012	+	7 rehear the charges heard by the hearing officer who failed
	1013	+	8 to render a decision or findings of fact and
	1014	+	9 recommendation or to review the record and render a
	1015	+	10 decision. If any hearing officer fails without good cause,
	1016	+	11 specifically provided in writing to both parties and the
	1017	+	12 State Board of Education, to render a decision or findings
	1018	+	13 of fact and recommendation within 30 days after the
	1019	+	14 hearing is concluded or the record is closed, whichever is
	1020	+	15 later or if any hearing officer fails to make an
	1021	+	16 accommodation as described in paragraph (6.5), the hearing
	1022	+	17 officer shall be removed from the master list of hearing
	1023	+	18 officers maintained by the State Board of Education for
	1024	+	19 not more than 24 months. The parties and the State Board of
	1025	+	20 Education may also take such other actions as it deems
	1026	+	21 appropriate, including recovering, reducing, or
	1027	+	22 withholding any fees paid or to be paid to the hearing
	1028	+	23 officer. If any hearing officer repeats such failure, he
	1029	+	24 or she must be permanently removed from the master list
	1030	+	25 maintained by the State Board of Education and may not be
	1031	+	26 selected by parties through the alternative selection
	1032	+
	1033	+
	1034	+
	1035	+
	1036	+
	1037	+	HB3592 Enrolled - 29 - LRB103 29766 RJT 56172 b
	1038	+
	1039	+
	1040	+	HB3592 Enrolled- 30 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 30 - LRB103 29766 RJT 56172 b
	1041	+	HB3592 Enrolled - 30 - LRB103 29766 RJT 56172 b
	1042	+	1 process under this paragraph (7) or paragraph (4) of this
	1043	+	2 subsection (d). The board shall not lose jurisdiction to
	1044	+	3 discharge a teacher if the hearing officer fails to render
	1045	+	4 a decision or findings of fact and recommendation within
	1046	+	5 the time specified in this Section. If the decision of the
	1047	+	6 hearing officer for dismissal pursuant to Article 24A of
	1048	+	7 this Code or of the school board for dismissal for cause is
	1049	+	8 in favor of the teacher, then the hearing officer or
	1050	+	9 school board shall order reinstatement to the same or
	1051	+	10 substantially equivalent position and shall determine the
	1052	+	11 amount for which the school board is liable, including,
	1053	+	12 but not limited to, loss of income and benefits.
	1054	+	13 (8) The school board, within 45 days after receipt of
	1055	+	14 the hearing officer's findings of fact and recommendation
	1056	+	15 as to whether (i) the conduct at issue occurred, (ii) the
	1057	+	16 conduct that did occur was remediable, and (iii) the
	1058	+	17 proposed dismissal should be sustained, shall issue a
	1059	+	18 written order as to whether the teacher must be retained
	1060	+	19 or dismissed for cause from its employ. The school board's
	1061	+	20 written order shall incorporate the hearing officer's
	1062	+	21 findings of fact, except that the school board may modify
	1063	+	22 or supplement the findings of fact if, in its opinion, the
	1064	+	23 findings of fact are against the manifest weight of the
	1065	+	24 evidence.
	1066	+	25 If the school board dismisses the teacher
	1067	+	26 notwithstanding the hearing officer's findings of fact and
	1068	+
	1069	+
	1070	+
	1071	+
	1072	+
	1073	+	HB3592 Enrolled - 30 - LRB103 29766 RJT 56172 b
	1074	+
	1075	+
	1076	+	HB3592 Enrolled- 31 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 31 - LRB103 29766 RJT 56172 b
	1077	+	HB3592 Enrolled - 31 - LRB103 29766 RJT 56172 b
	1078	+	1 recommendation, the school board shall make a conclusion
	1079	+	2 in its written order, giving its reasons therefor, and
	1080	+	3 such conclusion and reasons must be included in its
	1081	+	4 written order. The failure of the school board to strictly
	1082	+	5 adhere to the timelines contained in this Section shall
	1083	+	6 not render it without jurisdiction to dismiss the teacher.
	1084	+	7 The school board shall not lose jurisdiction to discharge
	1085	+	8 the teacher for cause if the hearing officer fails to
	1086	+	9 render a recommendation within the time specified in this
	1087	+	10 Section. The decision of the school board is final, unless
	1088	+	11 reviewed as provided in paragraph (9) of this subsection
	1089	+	12 (d).
	1090	+	13 If the school board retains the teacher, the school
	1091	+	14 board shall enter a written order stating the amount of
	1092	+	15 back pay and lost benefits, less mitigation, to be paid to
	1093	+	16 the teacher, within 45 days after its retention order.
	1094	+	17 Should the teacher object to the amount of the back pay and
	1095	+	18 lost benefits or amount mitigated, the teacher shall give
	1096	+	19 written objections to the amount within 21 days. If the
	1097	+	20 parties fail to reach resolution within 7 days, the
	1098	+	21 dispute shall be referred to the hearing officer, who
	1099	+	22 shall consider the school board's written order and
	1100	+	23 teacher's written objection and determine the amount to
	1101	+	24 which the school board is liable. The costs of the hearing
	1102	+	25 officer's review and determination must be paid by the
	1103	+	26 board.
	1104	+
	1105	+
	1106	+
	1107	+
	1108	+
	1109	+	HB3592 Enrolled - 31 - LRB103 29766 RJT 56172 b
	1110	+
	1111	+
	1112	+	HB3592 Enrolled- 32 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 32 - LRB103 29766 RJT 56172 b
	1113	+	HB3592 Enrolled - 32 - LRB103 29766 RJT 56172 b
	1114	+	1 (9) The decision of the hearing officer pursuant to
	1115	+	2 Article 24A of this Code or of the school board's decision
	1116	+	3 to dismiss for cause is final unless reviewed as provided
	1117	+	4 in Section 24-16 of this Code. If the school board's
	1118	+	5 decision to dismiss for cause is contrary to the hearing
	1119	+	6 officer's recommendation, the court on review shall give
	1120	+	7 consideration to the school board's decision and its
	1121	+	8 supplemental findings of fact, if applicable, and the
	1122	+	9 hearing officer's findings of fact and recommendation in
	1123	+	10 making its decision. In the event such review is
	1124	+	11 instituted, the school board shall be responsible for
	1125	+	12 preparing and filing the record of proceedings, and such
	1126	+	13 costs associated therewith must be divided equally between
	1127	+	14 the parties.
	1128	+	15 (10) If a decision of the hearing officer for
	1129	+	16 dismissal pursuant to Article 24A of this Code or of the
	1130	+	17 school board for dismissal for cause is adjudicated upon
	1131	+	18 review or appeal in favor of the teacher, then the trial
	1132	+	19 court shall order reinstatement and shall remand the
	1133	+	20 matter to the school board with direction for entry of an
	1134	+	21 order setting the amount of back pay, lost benefits, and
	1135	+	22 costs, less mitigation. The teacher may challenge the
	1136	+	23 school board's order setting the amount of back pay, lost
	1137	+	24 benefits, and costs, less mitigation, through an expedited
	1138	+	25 arbitration procedure, with the costs of the arbitrator
	1139	+	26 borne by the school board.
	1140	+
	1141	+
	1142	+
	1143	+
	1144	+
	1145	+	HB3592 Enrolled - 32 - LRB103 29766 RJT 56172 b
	1146	+
	1147	+
	1148	+	HB3592 Enrolled- 33 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 33 - LRB103 29766 RJT 56172 b
	1149	+	HB3592 Enrolled - 33 - LRB103 29766 RJT 56172 b
	1150	+	1 Any teacher who is reinstated by any hearing or
	1151	+	2 adjudication brought under this Section shall be assigned
	1152	+	3 by the board to a position substantially similar to the
	1153	+	4 one which that teacher held prior to that teacher's
	1154	+	5 suspension or dismissal.
	1155	+	6 (11) Subject to any later effective date referenced in
	1156	+	7 this Section for a specific aspect of the dismissal
	1157	+	8 process, the changes made by Public Act 97-8 shall apply
	1158	+	9 to dismissals instituted on or after September 1, 2011.
	1159	+	10 Any dismissal instituted prior to September 1, 2011 must
	1160	+	11 be carried out in accordance with the requirements of this
	1161	+	12 Section prior to amendment by Public Act 97-8.
	1162	+	13 (e) Nothing contained in Public Act 98-648 repeals,
	1163	+	14 supersedes, invalidates, or nullifies final decisions in
	1164	+	15 lawsuits pending on July 1, 2014 (the effective date of Public
	1165	+	16 Act 98-648) in Illinois courts involving the interpretation of
	1166	+	17 Public Act 97-8.
	1167	+	18 (Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
	1168	+	19 101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
	1169	+	20 (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
	1170	+	21 Sec. 34-85. Removal for cause; notice and hearing;
	1171	+	22 suspension.
	1172	+	23 (a) No teacher employed by the board of education shall
	1173	+	24 (after serving the probationary period specified in Section
	1174	+	25 34-84) be removed except for cause. Teachers (who have
	1175	+
	1176	+
	1177	+
	1178	+
	1179	+
	1180	+	HB3592 Enrolled - 33 - LRB103 29766 RJT 56172 b
	1181	+
	1182	+
	1183	+	HB3592 Enrolled- 34 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 34 - LRB103 29766 RJT 56172 b
	1184	+	HB3592 Enrolled - 34 - LRB103 29766 RJT 56172 b
	1185	+	1 completed the probationary period specified in Section 34-84
	1186	+	2 of this Code) shall be removed for cause in accordance with the
	1187	+	3 procedures set forth in this Section or, at the board's
	1188	+	4 option, the procedures set forth in Section 24-16.5 of this
	1189	+	5 Code or such other procedures established in an agreement
	1190	+	6 entered into between the board and the exclusive
	1191	+	7 representative of the district's teachers under Section 34-85c
	1192	+	8 of this Code for teachers (who have completed the probationary
	1193	+	9 period specified in Section 34-84 of this Code) assigned to
	1194	+	10 schools identified in that agreement. No principal employed by
	1195	+	11 the board of education shall be removed during the term of his
	1196	+	12 or her performance contract except for cause, which may
	1197	+	13 include but is not limited to the principal's repeated failure
	1198	+	14 to implement the school improvement plan or to comply with the
	1199	+	15 provisions of the Uniform Performance Contract, including
	1200	+	16 additional criteria established by the Council for inclusion
	1201	+	17 in the performance contract pursuant to Section 34-2.3.
	1202	+	18 Before service of notice of charges on account of causes
	1203	+	19 that may be deemed to be remediable, the teacher or principal
	1204	+	20 must be given reasonable warning in writing, stating
	1205	+	21 specifically the causes that, if not removed, may result in
	1206	+	22 charges; however, no such written warning is required if the
	1207	+	23 causes have been the subject of a remediation plan pursuant to
	1208	+	24 Article 24A of this Code or if the board and the exclusive
	1209	+	25 representative of the district's teachers have entered into an
	1210	+	26 agreement pursuant to Section 34-85c of this Code, pursuant to
	1211	+
	1212	+
	1213	+
	1214	+
	1215	+
	1216	+	HB3592 Enrolled - 34 - LRB103 29766 RJT 56172 b
	1217	+
	1218	+
	1219	+	HB3592 Enrolled- 35 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 35 - LRB103 29766 RJT 56172 b
	1220	+	HB3592 Enrolled - 35 - LRB103 29766 RJT 56172 b
	1221	+	1 an alternative system of remediation. No written warning shall
	1222	+	2 be required for conduct on the part of a teacher or principal
	1223	+	3 that is cruel, immoral, negligent, or criminal or that in any
	1224	+	4 way causes psychological or physical harm or injury to a
	1225	+	5 student, as that conduct is deemed to be irremediable. No
	1226	+	6 written warning shall be required for a material breach of the
	1227	+	7 uniform principal performance contract, as that conduct is
	1228	+	8 deemed to be irremediable; provided that not less than 30 days
	1229	+	9 before the vote of the local school council to seek the
	1230	+	10 dismissal of a principal for a material breach of a uniform
	1231	+	11 principal performance contract, the local school council shall
	1232	+	12 specify the nature of the alleged breach in writing and
	1233	+	13 provide a copy of it to the principal.
	1234	+	14 (1) To initiate dismissal proceedings against a
	1235	+	15 teacher or principal, the general superintendent must
	1236	+	16 first approve written charges and specifications against
	1237	+	17 the teacher or principal. A local school council may
	1238	+	18 direct the general superintendent to approve written
	1239	+	19 charges against its principal on behalf of the Council
	1240	+	20 upon the vote of 7 members of the Council. The general
	1241	+	21 superintendent must approve those charges within 45
	1242	+	22 calendar days or provide a written reason for not
	1243	+	23 approving those charges. A written notice of those
	1244	+	24 charges, including specifications, shall be served upon
	1245	+	25 the teacher or principal within 10 business days of the
	1246	+	26 approval of the charges. Any written notice sent on or
	1247	+
	1248	+
	1249	+
	1250	+
	1251	+
	1252	+	HB3592 Enrolled - 35 - LRB103 29766 RJT 56172 b
	1253	+
	1254	+
	1255	+	HB3592 Enrolled- 36 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 36 - LRB103 29766 RJT 56172 b
	1256	+	HB3592 Enrolled - 36 - LRB103 29766 RJT 56172 b
	1257	+	1 after July 1, 2012 shall also inform the teacher or
	1258	+	2 principal of the right to request a hearing before a
	1259	+	3 mutually selected hearing officer, with the cost of the
	1260	+	4 hearing officer split equally between the teacher or
	1261	+	5 principal and the board, or a hearing before a qualified
	1262	+	6 hearing officer chosen by the general superintendent, with
	1263	+	7 the cost of the hearing officer paid by the board. If the
	1264	+	8 teacher or principal cannot be found upon diligent
	1265	+	9 inquiry, such charges may be served upon him by mailing a
	1266	+	10 copy thereof in a sealed envelope by prepaid certified
	1267	+	11 mail, return receipt requested, to the teacher's or
	1268	+	12 principal's last known address. A return receipt showing
	1269	+	13 delivery to such address within 20 calendar days after the
	1270	+	14 date of the approval of the charges shall constitute proof
	1271	+	15 of service.
	1272	+	16 (2) No hearing upon the charges is required unless the
	1273	+	17 teacher or principal within 17 calendar days after
	1274	+	18 receiving notice requests in writing of the general
	1275	+	19 superintendent that a hearing be scheduled. Pending the
	1276	+	20 hearing of the charges, the general superintendent or his
	1277	+	21 or her designee may suspend the teacher or principal
	1278	+	22 charged without pay in accordance with rules prescribed by
	1279	+	23 the board, provided that if the teacher or principal
	1280	+	24 charged is not dismissed based on the charges, he or she
	1281	+	25 must be made whole for lost earnings, less setoffs for
	1282	+	26 mitigation.
	1283	+
	1284	+
	1285	+
	1286	+
	1287	+
	1288	+	HB3592 Enrolled - 36 - LRB103 29766 RJT 56172 b
	1289	+
	1290	+
	1291	+	HB3592 Enrolled- 37 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 37 - LRB103 29766 RJT 56172 b
	1292	+	HB3592 Enrolled - 37 - LRB103 29766 RJT 56172 b
	1293	+	1 (3) The board shall maintain a list of at least 9
	1294	+	2 qualified hearing officers who will conduct hearings on
	1295	+	3 charges and specifications. The list must be developed in
	1296	+	4 good faith consultation with the exclusive representative
	1297	+	5 of the board's teachers and professional associations that
	1298	+	6 represent the board's principals. The list may be revised
	1299	+	7 on July 1st of each year or earlier as needed. To be a
	1300	+	8 qualified hearing officer, the person must (i) be
	1301	+	9 accredited by a national arbitration organization and have
	1302	+	10 had a minimum of 5 years of experience as an arbitrator in
	1303	+	11 cases involving labor and employment relations matters
	1304	+	12 between employers and employees or their exclusive
	1305	+	13 bargaining representatives and (ii) beginning September 1,
	1306	+	14 2012, have participated in training provided or approved
	1307	+	15 by the State Board of Education for teacher dismissal
	1308	+	16 hearing officers so that he or she is familiar with issues
	1309	+	17 generally involved in evaluative and non-evaluative
	1310	+	18 dismissals.
	1311	+	19 Within 5 business days after receiving the notice of
	1312	+	20 request for a hearing, the general superintendent and the
	1313	+	21 teacher or principal or their legal representatives shall
	1314	+	22 alternately strike one name from the list until only one
	1315	+	23 name remains. Unless waived by the teacher, the teacher or
	1316	+	24 principal shall have the right to proceed first with the
	1317	+	25 striking. If the teacher or principal fails to participate
	1318	+	26 in the striking process, the general superintendent shall
	1319	+
	1320	+
	1321	+
	1322	+
	1323	+
	1324	+	HB3592 Enrolled - 37 - LRB103 29766 RJT 56172 b
	1325	+
	1326	+
	1327	+	HB3592 Enrolled- 38 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 38 - LRB103 29766 RJT 56172 b
	1328	+	HB3592 Enrolled - 38 - LRB103 29766 RJT 56172 b
	1329	+	1 either select the hearing officer from the list developed
	1330	+	2 pursuant to this paragraph (3) or select another qualified
	1331	+	3 hearing officer from the master list maintained by the
	1332	+	4 State Board of Education pursuant to subsection (c) of
	1333	+	5 Section 24-12 of this Code.
	1334	+	6 (4) If the notice of dismissal was sent to the teacher
	1335	+	7 or principal before July 1, 2012, the fees and costs for
	1336	+	8 the hearing officer shall be paid by the State Board of
	1337	+	9 Education. If the notice of dismissal was sent to the
	1338	+	10 teacher or principal on or after July 1, 2012, the hearing
	1339	+	11 officer's fees and costs must be paid as follows in this
	1340	+	12 paragraph (4). The fees and permissible costs for the
	1341	+	13 hearing officer shall be determined by the State Board of
	1342	+	14 Education. If the hearing officer is mutually selected by
	1343	+	15 the parties through alternate striking in accordance with
	1344	+	16 paragraph (3) of this subsection (a), then the board and
	1345	+	17 the teacher or their legal representative shall each pay
	1346	+	18 50% of the fees and costs and any supplemental allowance
	1347	+	19 to which they agree. If the hearing officer is selected by
	1348	+	20 the general superintendent without the participation of
	1349	+	21 the teacher or principal, then the board shall pay 100% of
	1350	+	22 the hearing officer fees and costs. The hearing officer
	1351	+	23 shall submit for payment a billing statement to the
	1352	+	24 parties that itemizes the charges and expenses and divides
	1353	+	25 them in accordance with this Section.
	1354	+	26 (5) The teacher or the principal charged is required
	1355	+
	1356	+
	1357	+
	1358	+
	1359	+
	1360	+	HB3592 Enrolled - 38 - LRB103 29766 RJT 56172 b
	1361	+
	1362	+
	1363	+	HB3592 Enrolled- 39 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 39 - LRB103 29766 RJT 56172 b
	1364	+	HB3592 Enrolled - 39 - LRB103 29766 RJT 56172 b
	1365	+	1 to answer the charges and specifications and aver
	1366	+	2 affirmative matters in his or her defense, and the time
	1367	+	3 for doing so must be set by the hearing officer. The State
	1368	+	4 Board of Education shall adopt rules so that each party
	1369	+	5 has a fair opportunity to present its case and to ensure
	1370	+	6 that the dismissal proceeding is concluded in an
	1371	+	7 expeditious manner. The rules shall address, without
	1372	+	8 limitation, the teacher or principal's answer and
	1373	+	9 affirmative defenses to the charges and specifications; a
	1374	+	10 requirement that each party make mandatory disclosures
	1375	+	11 without request to the other party and then update the
	1376	+	12 disclosure no later than 10 calendar days prior to the
	1377	+	13 commencement of the hearing, including a list of the names
	1378	+	14 and addresses of persons who may be called as witnesses at
	1379	+	15 the hearing, a summary of the facts or opinions each
	1380	+	16 witness will testify to, and all other documents and
	1381	+	17 materials, including information maintained
	1382	+	18 electronically, relevant to its own as well as the other
	1383	+	19 party's case (the hearing officer may exclude witnesses
	1384	+	20 and exhibits not identified and shared, except those
	1385	+	21 offered in rebuttal for which the party could not
	1386	+	22 reasonably have anticipated prior to the hearing);
	1387	+	23 pre-hearing discovery and preparation, including provision
	1388	+	24 for written interrogatories and requests for production of
	1389	+	25 documents, provided that discovery depositions are
	1390	+	26 prohibited; the conduct of the hearing; the right of each
	1391	+
	1392	+
	1393	+
	1394	+
	1395	+
	1396	+	HB3592 Enrolled - 39 - LRB103 29766 RJT 56172 b
	1397	+
	1398	+
	1399	+	HB3592 Enrolled- 40 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 40 - LRB103 29766 RJT 56172 b
	1400	+	HB3592 Enrolled - 40 - LRB103 29766 RJT 56172 b
	1401	+	1 party to be represented by counsel, the offer of evidence
	1402	+	2 and witnesses and the cross-examination of witnesses; the
	1403	+	3 authority of the hearing officer to issue subpoenas and
	1404	+	4 subpoenas duces tecum, provided that the hearing officer
	1405	+	5 may limit the number of witnesses to be subpoenaed in
	1406	+	6 behalf of each party to no more than 7; the length of
	1407	+	7 post-hearing briefs; and the form, length, and content of
	1408	+	8 hearing officers' reports and recommendations to the
	1409	+	9 general superintendent.
	1410	+	10 The hearing officer shall commence the hearing within
	1411	+	11 75 calendar days and conclude the hearing within 120
	1412	+	12 calendar days after being selected by the parties as the
	1413	+	13 hearing officer, provided that these timelines may be
	1414	+	14 modified upon the showing of good cause or mutual
	1415	+	15 agreement of the parties. Good cause for the purposes of
	1416	+	16 this paragraph (5) shall mean the illness or otherwise
	1417	+	17 unavoidable emergency of the teacher, district
	1418	+	18 representative, their legal representatives, the hearing
	1419	+	19 officer, or an essential witness as indicated in each
	1420	+	20 party's pre-hearing submission. In a dismissal hearing in
	1421	+	21 which a witness is a student or is under the age of 18, the
	1422	+	22 hearing officer must make accommodations for the witness,
	1423	+	23 as provided under paragraph (5.5) of this subsection. The
	1424	+	24 hearing officer shall consider and give weight to all of
	1425	+	25 the teacher's evaluations written pursuant to Article 24A
	1426	+	26 that are relevant to the issues in the hearing. Except as
	1427	+
	1428	+
	1429	+
	1430	+
	1431	+
	1432	+	HB3592 Enrolled - 40 - LRB103 29766 RJT 56172 b
	1433	+
	1434	+
	1435	+	HB3592 Enrolled- 41 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 41 - LRB103 29766 RJT 56172 b
	1436	+	HB3592 Enrolled - 41 - LRB103 29766 RJT 56172 b
	1437	+	1 otherwise provided under paragraph (5.5) of this
	1438	+	2 subsection, the teacher or principal has the privilege of
	1439	+	3 being present at the hearing with counsel and of
	1440	+	4 cross-examining witnesses and may offer evidence and
	1441	+	5 witnesses and present defenses to the charges. Each party
	1442	+	6 shall have no more than 3 days to present its case, unless
	1443	+	7 extended by the hearing officer to enable a party to
	1444	+	8 present adequate evidence and testimony, including due to
	1445	+	9 the other party's cross-examination of the party's
	1446	+	10 witnesses, for good cause or by mutual agreement of the
	1447	+	11 parties. The State Board of Education shall define in
	1448	+	12 rules the meaning of "day" for such purposes. All
	1449	+	13 testimony at the hearing shall be taken under oath
	1450	+	14 administered by the hearing officer. The hearing officer
	1451	+	15 shall cause a record of the proceedings to be kept and
	1452	+	16 shall employ a competent reporter to take stenographic or
	1453	+	17 stenotype notes of all the testimony. The costs of the
	1454	+	18 reporter's attendance and services at the hearing shall be
	1455	+	19 paid by the party or parties who are paying the fees and
	1456	+	20 costs of the hearing officer. Either party desiring a
	1457	+	21 transcript of the hearing shall pay for the cost thereof.
	1458	+	22 At the close of the hearing, the hearing officer shall
	1459	+	23 direct the parties to submit post-hearing briefs no later
	1460	+	24 than 21 calendar days after receipt of the transcript.
	1461	+	25 Either or both parties may waive submission of briefs.
	1462	+	26 (5.5) In the case of charges involving any witness who
	1463	+
	1464	+
	1465	+
	1466	+
	1467	+
	1468	+	HB3592 Enrolled - 41 - LRB103 29766 RJT 56172 b
	1469	+
	1470	+
	1471	+	HB3592 Enrolled- 42 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 42 - LRB103 29766 RJT 56172 b
	1472	+	HB3592 Enrolled - 42 - LRB103 29766 RJT 56172 b
	1473	+	1 is or was at the time of the alleged conduct sexual abuse
	1474	+	2 or severe physical abuse of a student or a person under the
	1475	+	3 age of 18, the hearing officer shall make accommodations
	1476	+	4 alternative hearing procedures to protect a witness who is
	1477	+	5 a student or who is under the age of 18 from being
	1478	+	6 intimidated, or traumatized, or re-traumatized. No alleged
	1479	+	7 victim or other witness who is or was at the time of the
	1480	+	8 alleged conduct a student or under the age of 18 may be
	1481	+	9 compelled to testify in the physical or visual presence of
	1482	+	10 a teacher or other witness. If such a witness invokes this
	1483	+	11 right, then the hearing officer must provide an
	1484	+	12 accommodation consistent with the invoked right and use a
	1485	+	13 procedure by which each party may hear such witness'
	1486	+	14 testimony. Accommodations Alternative hearing procedures
	1487	+	15 may include, but are not limited to: (i) testimony made
	1488	+	16 via a telecommunication device in a location other than
	1489	+	17 the hearing room and outside the physical or visual
	1490	+	18 presence of the teacher or principal and other hearing
	1491	+	19 participants, but accessible to the teacher via a
	1492	+	20 telecommunication device, (ii) testimony made in the
	1493	+	21 hearing room but outside the physical presence of the
	1494	+	22 teacher or principal and accessible to the teacher via a
	1495	+	23 telecommunication device, or (iii) non-public testimony,
	1496	+	24 (iv) testimony made via videoconference with the cameras
	1497	+	25 and microphones of the teacher turned off, or (v)
	1498	+	26 pre-recorded testimony, including, but not limited to, a
	1499	+
	1500	+
	1501	+
	1502	+
	1503	+
	1504	+	HB3592 Enrolled - 42 - LRB103 29766 RJT 56172 b
	1505	+
	1506	+
	1507	+	HB3592 Enrolled- 43 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 43 - LRB103 29766 RJT 56172 b
	1508	+	HB3592 Enrolled - 43 - LRB103 29766 RJT 56172 b
	1509	+	1 recording of a forensic interview conducted at an
	1510	+	2 accredited Children's Advocacy Center. With all
	1511	+	3 accommodations, the hearing officer shall give such
	1512	+	4 testimony the same consideration as if the witness
	1513	+	5 testified without the accommodation. The teacher may not
	1514	+	6 directly, or through a representative, question a witness
	1515	+	7 called by the school board who is or was a student or under
	1516	+	8 18 years of age at the time of the alleged conduct. The
	1517	+	9 hearing officer must permit the teacher to submit all
	1518	+	10 relevant questions and follow-up questions for such a
	1519	+	11 witness to have the questions posed by the hearing
	1520	+	12 officer. During a testimony described under this
	1521	+	13 subsection, each party must be permitted to ask a witness
	1522	+	14 who is a student or who is under 18 years of age all
	1523	+	15 relevant questions and follow-up questions. All questions
	1524	+	16 must exclude evidence of the witness' sexual behavior or
	1525	+	17 predisposition, unless the evidence is offered to prove
	1526	+	18 that someone other than the teacher subject to the
	1527	+	19 dismissal hearing engaged in the charge at issue.
	1528	+	20 (6) The hearing officer shall within 30 calendar days
	1529	+	21 from the conclusion of the hearing report to the general
	1530	+	22 superintendent findings of fact and a recommendation as to
	1531	+	23 whether or not the teacher or principal shall be dismissed
	1532	+	24 and shall give a copy of the report to both the teacher or
	1533	+	25 principal and the general superintendent. The State Board
	1534	+	26 of Education shall provide by rule the form of the hearing
	1535	+
	1536	+
	1537	+
	1538	+
	1539	+
	1540	+	HB3592 Enrolled - 43 - LRB103 29766 RJT 56172 b
	1541	+
	1542	+
	1543	+	HB3592 Enrolled- 44 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 44 - LRB103 29766 RJT 56172 b
	1544	+	HB3592 Enrolled - 44 - LRB103 29766 RJT 56172 b
	1545	+	1 officer's report and recommendation.
	1546	+	2 (6.5) If any hearing officer fails without good cause,
	1547	+	3 specifically provided in writing to both parties and the
	1548	+	4 State Board of Education, to render findings of fact and
	1549	+	5 recommendation within 90 days after the closing of the
	1550	+	6 record and receipt of post-hearing briefs, or if any
	1551	+	7 hearing officer fails to make an accommodation pursuant to
	1552	+	8 paragraph (5.5) of this subsection (a), the hearing
	1553	+	9 officer shall be removed from the list of hearing officers
	1554	+	10 developed pursuant to paragraph (3) of this subsection (a)
	1555	+	11 and the master list of qualified hearing officers
	1556	+	12 maintained by the State Board of Education for not more
	1557	+	13 than 24 months. The parties and the State Board of
	1558	+	14 Education may also take such other actions as it deems
	1559	+	15 appropriate, including recovering, reducing, or
	1560	+	16 withholding any fees paid or to be paid to the hearing
	1561	+	17 officer. If any hearing officer repeats such failure, he
	1562	+	18 or she must be permanently removed from the list of
	1563	+	19 hearing officers developed described in paragraph (3) and
	1564	+	20 the master list maintained by the State Board of Education
	1565	+	21 and may not be selected by parties. The board shall not
	1566	+	22 lose jurisdiction to discharge a teacher or principal if
	1567	+	23 the hearing officer fails to render findings of fact and
	1568	+	24 recommendation within the time specified in this Section.
	1569	+	25 (7) The board, within 45 days of receipt of the
	1570	+	26 hearing officer's findings of fact and recommendation,
	1571	+
	1572	+
	1573	+
	1574	+
	1575	+
	1576	+	HB3592 Enrolled - 44 - LRB103 29766 RJT 56172 b
	1577	+
	1578	+
	1579	+	HB3592 Enrolled- 45 -LRB103 29766 RJT 56172 b HB3592 Enrolled - 45 - LRB103 29766 RJT 56172 b
	1580	+	HB3592 Enrolled - 45 - LRB103 29766 RJT 56172 b
	1581	+	1 shall make a decision as to whether the teacher or
	1582	+	2 principal shall be dismissed from its employ. The failure
	1583	+	3 of the board to strictly adhere to the timeliness
	1584	+	4 contained herein shall not render it without jurisdiction
	1585	+	5 to dismiss the teacher or principal. In the event that the
	1586	+	6 board declines to dismiss the teacher or principal after
	1587	+	7 review of a hearing officer's recommendation, the board
	1588	+	8 shall set the amount of back pay and benefits to award the
	1589	+	9 teacher or principal, which shall include offsets for
	1590	+	10 interim earnings and failure to mitigate losses. The board
	1591	+	11 shall establish procedures for the teacher's or
	1592	+	12 principal's submission of evidence to it regarding lost
	1593	+	13 earnings, lost benefits, mitigation, and offsets. The
	1594	+	14 decision of the board is final unless reviewed in
	1595	+	15 accordance with paragraph (8) of this subsection (a).
	1596	+	16 (8) The teacher may seek judicial review of the
	1597	+	17 board's decision in accordance with the Administrative
	1598	+	18 Review Law, which is specifically incorporated in this
	1599	+	19 Section, except that the review must be initiated in the
	1600	+	20 Illinois Appellate Court for the First District. In the
	1601	+	21 event judicial review is instituted, any costs of
	1602	+	22 preparing and filing the record of proceedings shall be
	1603	+	23 paid by the party instituting the review. In the event the
	1604	+	24 appellate court reverses a board decision to dismiss a
	1605	+	25 teacher or principal and directs the board to pay the
	1606	+	26 teacher or the principal back pay and benefits, the
	1607	+
	1608	+
	1609	+
	1610	+
	1611	+
	1612	+	HB3592 Enrolled - 45 - LRB103 29766 RJT 56172 b
	1613	+
	1614	+
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	1616	+	HB3592 Enrolled - 46 - LRB103 29766 RJT 56172 b
	1617	+	1 appellate court shall remand the matter to the board to
	1618	+	2 issue an administrative decision as to the amount of back
	1619	+	3 pay and benefits, which shall include a calculation of the
	1620	+	4 lost earnings, lost benefits, mitigation, and offsets
	1621	+	5 based on evidence submitted to the board in accordance
	1622	+	6 with procedures established by the board.
	1623	+	7 (9) Any hearing convened during a public health
	1624	+	8 emergency pursuant to Section 7 of the Illinois Emergency
	1625	+	9 Management Agency Act may be convened remotely. Any
	1626	+	10 hearing officer for a hearing convened during a public
	1627	+	11 health emergency pursuant to Section 7 of the Illinois
	1628	+	12 Emergency Management Agency Act may voluntarily withdraw
	1629	+	13 from the hearing and another hearing officer shall be
	1630	+	14 selected or appointed pursuant to this Section.
	1631	+	15 In this paragraph, "pre-hearing procedures" refers to
	1632	+	16 the pre-hearing procedures under Section 51.55 of Title 23
	1633	+	17 of the Illinois Administrative Code and "hearing" refers
	1634	+	18 to the hearing under Section 51.60 of Title 23 of the
	1635	+	19 Illinois Administrative Code. Any teacher or principal who
	1636	+	20 has been charged with engaging in acts of corporal
	1637	+	21 punishment, physical abuse, grooming, or sexual misconduct
	1638	+	22 and who previously paused pre-hearing procedures or a
	1639	+	23 hearing pursuant to Public Act 101-643 must proceed with
	1640	+	24 selection of a hearing officer or hearing date, or both,
	1641	+	25 within the timeframes established by paragraphs (3)
	1642	+	26 through (5) of this subsection (a), unless the timeframes
	1643	+
	1644	+
	1645	+
	1646	+
	1647	+
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	1649	+
	1650	+
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	1652	+	HB3592 Enrolled - 47 - LRB103 29766 RJT 56172 b
	1653	+	1 are mutually waived in writing by both parties, and all
	1654	+	2 timelines set forth in this Section in cases concerning
	1655	+	3 corporal punishment, physical abuse, grooming, or sexual
	1656	+	4 misconduct shall be reset to begin the day after the
	1657	+	5 effective date of this amendatory Act of the 102nd General
	1658	+	6 Assembly. Any teacher or principal charged with engaging
	1659	+	7 in acts of corporal punishment, physical abuse, grooming,
	1660	+	8 or sexual misconduct on or after the effective date of
	1661	+	9 this amendatory Act of the 102nd General Assembly may not
	1662	+	10 pause pre-hearing procedures or a hearing.
	1663	+	11 (b) Nothing in this Section affects the validity of
	1664	+	12 removal for cause hearings commenced prior to June 13, 2011
	1665	+	13 (the effective date of Public Act 97-8).
	1666	+	14 The changes made by Public Act 97-8 shall apply to
	1667	+	15 dismissals instituted on or after September 1, 2011 or the
	1668	+	16 effective date of Public Act 97-8, whichever is later. Any
	1669	+	17 dismissal instituted prior to the effective date of these
	1670	+	18 changes must be carried out in accordance with the
	1671	+	19 requirements of this Section prior to amendment by Public Act
	1672	+	20 97-8.
	1673	+	21 (Source: P.A. 101-531, eff. 8-23-19; 101-643, eff. 6-18-20;
	1674	+	22 102-708, eff. 4-22-22.)
	1675	+
	1676	+
	1677	+
	1678	+
	1679	+
	1680	+	HB3592 Enrolled - 47 - LRB103 29766 RJT 56172 b