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Illinois Senate Bill SB1569

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1569 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1569 Introduced 2/8/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 105 ILCS 5/24-11 from Ch. 122, par. 24-11 Amends the Employment of Teachers Article of the School Code. Provides that if an employing board determines to dismiss any teacher who currently holds a summative evaluation rating of "Proficient" or "Excellent" during the probationary period (instead of determines to dismiss a teacher in the last year of a specified probationary period), the employing board must provide a written notice for dismissal with specific reasons for dismissal. Provides that any full-time teacher who does not receive written notice from the employing board at least 45 days before the end of any school term and whose performance does not require dismissal (instead of whose performance does not require dismissal after the fourth probationary year) shall be re-employed for the following school term. Effective immediately. LRB103 25984 RJT 52338 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1569 Introduced 2/8/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11 Amends the Employment of Teachers Article of the School Code. Provides that if an employing board determines to dismiss any teacher who currently holds a summative evaluation rating of "Proficient" or "Excellent" during the probationary period (instead of determines to dismiss a teacher in the last year of a specified probationary period), the employing board must provide a written notice for dismissal with specific reasons for dismissal. Provides that any full-time teacher who does not receive written notice from the employing board at least 45 days before the end of any school term and whose performance does not require dismissal (instead of whose performance does not require dismissal after the fourth probationary year) shall be re-employed for the following school term. Effective immediately. LRB103 25984 RJT 52338 b LRB103 25984 RJT 52338 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1569 Introduced 2/8/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11
44 105 ILCS 5/24-11 from Ch. 122, par. 24-11
55 Amends the Employment of Teachers Article of the School Code. Provides that if an employing board determines to dismiss any teacher who currently holds a summative evaluation rating of "Proficient" or "Excellent" during the probationary period (instead of determines to dismiss a teacher in the last year of a specified probationary period), the employing board must provide a written notice for dismissal with specific reasons for dismissal. Provides that any full-time teacher who does not receive written notice from the employing board at least 45 days before the end of any school term and whose performance does not require dismissal (instead of whose performance does not require dismissal after the fourth probationary year) shall be re-employed for the following school term. Effective immediately.
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1111 1 AN ACT concerning education.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The School Code is amended by changing Section
1515 5 24-11 as follows:
1616 6 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
1717 7 Sec. 24-11. Boards of Education - Boards of School
1818 8 Inspectors - Contractual continued service.
1919 9 (a) As used in this and the succeeding Sections of this
2020 10 Article:
2121 11 "Teacher" means any or all school district employees
2222 12 regularly required to be licensed under laws relating to the
2323 13 licensure of teachers.
2424 14 "Board" means board of directors, board of education, or
2525 15 board of school inspectors, as the case may be.
2626 16 "School term" means that portion of the school year, July
2727 17 1 to the following June 30, when school is in actual session.
2828 18 "Program" means a program of a special education joint
2929 19 agreement.
3030 20 "Program of a special education joint agreement" means
3131 21 instructional, consultative, supervisory, administrative,
3232 22 diagnostic, and related services that are managed by a special
3333 23 educational joint agreement designed to service 2 or more
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3838 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11
3939 105 ILCS 5/24-11 from Ch. 122, par. 24-11
4040 Amends the Employment of Teachers Article of the School Code. Provides that if an employing board determines to dismiss any teacher who currently holds a summative evaluation rating of "Proficient" or "Excellent" during the probationary period (instead of determines to dismiss a teacher in the last year of a specified probationary period), the employing board must provide a written notice for dismissal with specific reasons for dismissal. Provides that any full-time teacher who does not receive written notice from the employing board at least 45 days before the end of any school term and whose performance does not require dismissal (instead of whose performance does not require dismissal after the fourth probationary year) shall be re-employed for the following school term. Effective immediately.
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6868 1 school districts that are members of the joint agreement.
6969 2 "PERA implementation date" means the implementation date
7070 3 of an evaluation system for teachers as specified by Section
7171 4 24A-2.5 of this Code for all schools within a school district
7272 5 or all programs of a special education joint agreement.
7373 6 (b) This Section and Sections 24-12 through 24-16 of this
7474 7 Article apply only to school districts having less than
7575 8 500,000 inhabitants.
7676 9 (c) Any teacher who is first employed as a full-time
7777 10 teacher in a school district or program prior to the PERA
7878 11 implementation date and who is employed in that district or
7979 12 program for a probationary period of 4 consecutive school
8080 13 terms shall enter upon contractual continued service in the
8181 14 district or in all of the programs that the teacher is legally
8282 15 qualified to hold, unless the teacher is given written notice
8383 16 of dismissal by certified mail, return receipt requested, by
8484 17 the employing board at least 45 days before the end of any
8585 18 school term within such period.
8686 19 (d) For any teacher who is first employed as a full-time
8787 20 teacher in a school district or program on or after the PERA
8888 21 implementation date, the probationary period shall be one of
8989 22 the following periods, based upon the teacher's school terms
9090 23 of service and performance, before the teacher shall enter
9191 24 upon contractual continued service in the district or in all
9292 25 of the programs that the teacher is legally qualified to hold,
9393 26 unless the teacher is given written notice of dismissal by
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104104 1 certified mail, return receipt requested, by the employing
105105 2 board at least 45 days before the end of any school term within
106106 3 such period:
107107 4 (1) 4 consecutive school terms of service in which the
108108 5 teacher receives overall annual evaluation ratings of at
109109 6 least "Proficient" in the last school term and at least
110110 7 "Proficient" in either the second or third school term;
111111 8 (2) 3 consecutive school terms of service in which the
112112 9 teacher receives 3 overall annual evaluations of
113113 10 "Excellent"; or
114114 11 (3) 2 consecutive school terms of service in which the
115115 12 teacher receives 2 overall annual evaluations of
116116 13 "Excellent" service, but only if the teacher (i)
117117 14 previously attained contractual continued service in a
118118 15 different school district or program in this State, (ii)
119119 16 voluntarily departed or was honorably dismissed from that
120120 17 school district or program in the school term immediately
121121 18 prior to the teacher's first school term of service
122122 19 applicable to the attainment of contractual continued
123123 20 service under this subdivision (3), and (iii) received, in
124124 21 his or her 2 most recent overall annual or biennial
125125 22 evaluations from the prior school district or program,
126126 23 ratings of at least "Proficient", with both such ratings
127127 24 occurring after the school district's or program's PERA
128128 25 implementation date. For a teacher to attain contractual
129129 26 continued service under this subdivision (3), the teacher
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140140 1 shall provide official copies of his or her 2 most recent
141141 2 overall annual or biennial evaluations from the prior
142142 3 school district or program to the new school district or
143143 4 program within 60 days from the teacher's first day of
144144 5 service with the new school district or program. The prior
145145 6 school district or program must provide the teacher with
146146 7 official copies of his or her 2 most recent overall annual
147147 8 or biennial evaluations within 14 days after the teacher's
148148 9 request. If a teacher has requested such official copies
149149 10 prior to 45 days after the teacher's first day of service
150150 11 with the new school district or program and the teacher's
151151 12 prior school district or program fails to provide the
152152 13 teacher with the official copies required under this
153153 14 subdivision (3), then the time period for the teacher to
154154 15 submit the official copies to his or her new school
155155 16 district or program must be extended until 14 days after
156156 17 receipt of such copies from the prior school district or
157157 18 program. If the prior school district or program fails to
158158 19 provide the teacher with the official copies required
159159 20 under this subdivision (3) within 90 days from the
160160 21 teacher's first day of service with the new school
161161 22 district or program, then the new school district or
162162 23 program shall rely upon the teacher's own copies of his or
163163 24 her evaluations for purposes of this subdivision (3).
164164 25 If the teacher does not receive overall annual evaluations
165165 26 of "Excellent" in the school terms necessary for eligibility
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176176 1 to achieve accelerated contractual continued service in
177177 2 subdivisions (2) and (3) of this subsection (d), the teacher
178178 3 shall be eligible for contractual continued service pursuant
179179 4 to subdivision (1) of this subsection (d). If, at the
180180 5 conclusion of 4 consecutive school terms of service that count
181181 6 toward attainment of contractual continued service, the
182182 7 teacher's performance does not qualify the teacher for
183183 8 contractual continued service under subdivision (1) of this
184184 9 subsection (d), then the teacher shall not enter upon
185185 10 contractual continued service and shall be dismissed. If a
186186 11 performance evaluation is not conducted for any school term
187187 12 when such evaluation is required to be conducted under Section
188188 13 24A-5 of this Code, then the teacher's performance evaluation
189189 14 rating for such school term for purposes of determining the
190190 15 attainment of contractual continued service shall be deemed
191191 16 "Proficient", except that, during any time in which the
192192 17 Governor has declared a disaster due to a public health
193193 18 emergency pursuant to Section 7 of the Illinois Emergency
194194 19 Management Agency Act, this default to "Proficient" does not
195195 20 apply to any teacher who has entered into contractual
196196 21 continued service and who was deemed "Excellent" on his or her
197197 22 most recent evaluation. During any time in which the Governor
198198 23 has declared a disaster due to a public health emergency
199199 24 pursuant to Section 7 of the Illinois Emergency Management
200200 25 Agency Act and unless the school board and any exclusive
201201 26 bargaining representative have completed the performance
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212212 1 rating for teachers or mutually agreed to an alternate
213213 2 performance rating, any teacher who has entered into
214214 3 contractual continued service, whose most recent evaluation
215215 4 was deemed "Excellent", and whose performance evaluation is
216216 5 not conducted when the evaluation is required to be conducted
217217 6 shall receive a teacher's performance rating deemed
218218 7 "Excellent". A school board and any exclusive bargaining
219219 8 representative may mutually agree to an alternate performance
220220 9 rating for teachers not in contractual continued service
221221 10 during any time in which the Governor has declared a disaster
222222 11 due to a public health emergency pursuant to Section 7 of the
223223 12 Illinois Emergency Management Agency Act, as long as the
224224 13 agreement is in writing.
225225 14 (e) For the purposes of determining contractual continued
226226 15 service, a school term shall be counted only toward attainment
227227 16 of contractual continued service if the teacher actually
228228 17 teaches or is otherwise present and participating in the
229229 18 district's or program's educational program for 120 days or
230230 19 more, provided that the days of leave under the federal Family
231231 20 Medical Leave Act that the teacher is required to take until
232232 21 the end of the school term shall be considered days of teaching
233233 22 or participation in the district's or program's educational
234234 23 program. A school term that is not counted toward attainment
235235 24 of contractual continued service shall not be considered a
236236 25 break in service for purposes of determining whether a teacher
237237 26 has been employed for 4 consecutive school terms, provided
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248248 1 that the teacher actually teaches or is otherwise present and
249249 2 participating in the district's or program's educational
250250 3 program in the following school term.
251251 4 (f) If the employing board determines to dismiss any the
252252 5 teacher who currently holds a summative evaluation rating of
253253 6 "Proficient" or "Excellent" during in the last year of the
254254 7 probationary period as provided in subsection (c) of this
255255 8 Section or subdivision (1) or (2) of subsection (d) of this
256256 9 Section, but not subdivision (3) of subsection (d) of this
257257 10 Section, the written notice of dismissal provided by the
258258 11 employing board must contain specific reasons for dismissal.
259259 12 Any full-time teacher who does not receive written notice from
260260 13 the employing board at least 45 days before the end of any
261261 14 school term as provided in this Section and whose performance
262262 15 does not require dismissal after the fourth probationary year
263263 16 pursuant to subsection (d) of this Section shall be
264264 17 re-employed for the following school term.
265265 18 (g) Contractual continued service shall continue in effect
266266 19 the terms and provisions of the contract with the teacher
267267 20 during the last school term of the probationary period,
268268 21 subject to this Act and the lawful regulations of the
269269 22 employing board. This Section and succeeding Sections do not
270270 23 modify any existing power of the board except with respect to
271271 24 the procedure of the discharge of a teacher and reductions in
272272 25 salary as hereinafter provided. Contractual continued service
273273 26 status shall not restrict the power of the board to transfer a
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284284 1 teacher to a position which the teacher is qualified to fill or
285285 2 to make such salary adjustments as it deems desirable, but
286286 3 unless reductions in salary are uniform or based upon some
287287 4 reasonable classification, any teacher whose salary is reduced
288288 5 shall be entitled to a notice and a hearing as hereinafter
289289 6 provided in the case of certain dismissals or removals.
290290 7 (h) If, by reason of any change in the boundaries of school
291291 8 districts, by reason of a special education cooperative
292292 9 reorganization or dissolution in accordance with Section
293293 10 10-22.31 of this Code, or by reason of the creation of a new
294294 11 school district, the position held by any teacher having a
295295 12 contractual continued service status is transferred from one
296296 13 board to the control of a new or different board, then the
297297 14 contractual continued service status of the teacher is not
298298 15 thereby lost, and such new or different board is subject to
299299 16 this Code with respect to the teacher in the same manner as if
300300 17 the teacher were its employee and had been its employee during
301301 18 the time the teacher was actually employed by the board from
302302 19 whose control the position was transferred.
303303 20 (i) The employment of any teacher in a program of a special
304304 21 education joint agreement established under Section 3-15.14,
305305 22 10-22.31 or 10-22.31a shall be governed by this and succeeding
306306 23 Sections of this Article. For purposes of attaining and
307307 24 maintaining contractual continued service and computing length
308308 25 of continuing service as referred to in this Section and
309309 26 Section 24-12, employment in a special educational joint
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320320 1 program shall be deemed a continuation of all previous
321321 2 licensed employment of such teacher for such joint agreement
322322 3 whether the employer of the teacher was the joint agreement,
323323 4 the regional superintendent, or one of the participating
324324 5 districts in the joint agreement.
325325 6 (j) For any teacher employed after July 1, 1987 as a
326326 7 full-time teacher in a program of a special education joint
327327 8 agreement, whether the program is operated by the joint
328328 9 agreement or a member district on behalf of the joint
329329 10 agreement, in the event of a reduction in the number of
330330 11 programs or positions in the joint agreement in which the
331331 12 notice of dismissal is provided on or before the end of the
332332 13 2010-2011 school term, the teacher in contractual continued
333333 14 service is eligible for employment in the joint agreement
334334 15 programs for which the teacher is legally qualified in order
335335 16 of greater length of continuing service in the joint
336336 17 agreement, unless an alternative method of determining the
337337 18 sequence of dismissal is established in a collective
338338 19 bargaining agreement. For any teacher employed after July 1,
339339 20 1987 as a full-time teacher in a program of a special education
340340 21 joint agreement, whether the program is operated by the joint
341341 22 agreement or a member district on behalf of the joint
342342 23 agreement, in the event of a reduction in the number of
343343 24 programs or positions in the joint agreement in which the
344344 25 notice of dismissal is provided during the 2011-2012 school
345345 26 term or a subsequent school term, the teacher shall be
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356356 1 included on the honorable dismissal lists of all joint
357357 2 agreement programs for positions for which the teacher is
358358 3 qualified and is eligible for employment in such programs in
359359 4 accordance with subsections (b) and (c) of Section 24-12 of
360360 5 this Code and the applicable honorable dismissal policies of
361361 6 the joint agreement.
362362 7 (k) For any teacher employed after July 1, 1987 as a
363363 8 full-time teacher in a program of a special education joint
364364 9 agreement, whether the program is operated by the joint
365365 10 agreement or a member district on behalf of the joint
366366 11 agreement, in the event of the dissolution of a joint
367367 12 agreement, in which the notice to teachers of the dissolution
368368 13 is provided during the 2010-2011 school term, the teacher in
369369 14 contractual continued service who is legally qualified shall
370370 15 be assigned to any comparable position in a member district
371371 16 currently held by a teacher who has not entered upon
372372 17 contractual continued service or held by a teacher who has
373373 18 entered upon contractual continued service with a shorter
374374 19 length of contractual continued service. Any teacher employed
375375 20 after July 1, 1987 as a full-time teacher in a program of a
376376 21 special education joint agreement, whether the program is
377377 22 operated by the joint agreement or a member district on behalf
378378 23 of the joint agreement, in the event of the dissolution of a
379379 24 joint agreement in which the notice to teachers of the
380380 25 dissolution is provided during the 2011-2012 school term or a
381381 26 subsequent school term, the teacher who is qualified shall be
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392392 1 included on the order of honorable dismissal lists of each
393393 2 member district and shall be assigned to any comparable
394394 3 position in any such district in accordance with subsections
395395 4 (b) and (c) of Section 24-12 of this Code and the applicable
396396 5 honorable dismissal policies of each member district.
397397 6 (l) The governing board of the joint agreement, or the
398398 7 administrative district, if so authorized by the articles of
399399 8 agreement of the joint agreement, rather than the board of
400400 9 education of a school district, may carry out employment and
401401 10 termination actions including dismissals under this Section
402402 11 and Section 24-12.
403403 12 (m) The employment of any teacher in a special education
404404 13 program authorized by Section 14-1.01 through 14-14.01, or a
405405 14 joint educational program established under Section 10-22.31a,
406406 15 shall be under this and the succeeding Sections of this
407407 16 Article, and such employment shall be deemed a continuation of
408408 17 the previous employment of such teacher in any of the
409409 18 participating districts, regardless of the participation of
410410 19 other districts in the program.
411411 20 (n) Any teacher employed as a full-time teacher in a
412412 21 special education program prior to September 23, 1987 in which
413413 22 2 or more school districts participate for a probationary
414414 23 period of 2 consecutive years shall enter upon contractual
415415 24 continued service in each of the participating districts,
416416 25 subject to this and the succeeding Sections of this Article,
417417 26 and, notwithstanding Section 24-1.5 of this Code, in the event
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428428 1 of the termination of the program shall be eligible for any
429429 2 vacant position in any of such districts for which such
430430 3 teacher is qualified.
431431 4 (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22;
432432 5 102-854, eff. 5-13-22.)
433433 6 Section 99. Effective date. This Act takes effect upon
434434 7 becoming law.
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