IL
Illinois Senate Bill SB1872

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1872 Compare Versions

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33 1 AN ACT concerning education.
44 2 Be it enacted by the People of the State of Illinois,
55 3 represented in the General Assembly:
66 4 Section 5. The School Code is amended by changing Sections
77 5 24-11, 24-12, and 34-84 as follows:
88 6 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
99 7 Sec. 24-11. Boards of Education - Boards of School
1010 8 Inspectors - Contractual continued service.
1111 9 (a) As used in this and the succeeding Sections of this
1212 10 Article:
1313 11 "Teacher" means any or all school district employees
1414 12 regularly required to be licensed under laws relating to the
1515 13 licensure of teachers.
1616 14 "Board" means board of directors, board of education, or
1717 15 board of school inspectors, as the case may be.
1818 16 "School term" means that portion of the school year, July
1919 17 1 to the following June 30, when school is in actual session.
2020 18 "Program" means a program of a special education joint
2121 19 agreement.
2222 20 "Program of a special education joint agreement" means
2323 21 instructional, consultative, supervisory, administrative,
2424 22 diagnostic, and related services that are managed by a special
2525 23 educational joint agreement designed to service 2 or more
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3434 1 school districts that are members of the joint agreement.
3535 2 "PERA implementation date" means the implementation date
3636 3 of an evaluation system for teachers as specified by Section
3737 4 24A-2.5 of this Code for all schools within a school district
3838 5 or all programs of a special education joint agreement.
3939 6 (b) This Section and Sections 24-12 through 24-16 of this
4040 7 Article apply only to school districts having less than
4141 8 500,000 inhabitants.
4242 9 (c) Any teacher who is first employed as a full-time
4343 10 teacher in a school district or program prior to the PERA
4444 11 implementation date and who is employed in that district or
4545 12 program for a probationary period of 4 consecutive school
4646 13 terms shall enter upon contractual continued service in the
4747 14 district or in all of the programs that the teacher is legally
4848 15 qualified to hold, unless the teacher is given written notice
4949 16 of dismissal by certified mail, return receipt requested, by
5050 17 the employing board at least 45 days before the end of any
5151 18 school term within such period.
5252 19 (d) For any teacher who is first employed as a full-time
5353 20 teacher in a school district or program on or after the PERA
5454 21 implementation date but before July 1, 2023, the probationary
5555 22 period shall be one of the following periods, based upon the
5656 23 teacher's school terms of service and performance, before the
5757 24 teacher shall enter upon contractual continued service in the
5858 25 district or in all of the programs that the teacher is legally
5959 26 qualified to hold, unless the teacher is given written notice
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7070 1 of dismissal by certified mail, return receipt requested, by
7171 2 the employing board on or before April 15 at least 45 days
7272 3 before the end of any school term within such period:
7373 4 (1) 4 consecutive school terms of service in which the
7474 5 teacher holds a Professional Educator License and receives
7575 6 overall annual evaluation ratings of at least "Proficient"
7676 7 in the last school term and at least "Proficient" in
7777 8 either the second or third school terms term;
7878 9 (2) 3 consecutive school terms of service in which the
7979 10 teacher holds a Professional Educator License and receives
8080 11 2 3 overall annual evaluations of "Excellent"; or
8181 12 (3) 2 consecutive school terms of service in which the
8282 13 teacher holds a Professional Educator License and receives
8383 14 2 overall annual evaluations of "Excellent" service, but
8484 15 only if the teacher (i) previously attained contractual
8585 16 continued service in a different school district or
8686 17 program in this State, (ii) voluntarily departed or was
8787 18 honorably dismissed from that school district or program
8888 19 in the school term immediately prior to the teacher's
8989 20 first school term of service applicable to the attainment
9090 21 of contractual continued service under this subdivision
9191 22 (3), and (iii) received, in his or her 2 most recent
9292 23 overall annual or biennial evaluations from the prior
9393 24 school district or program, ratings of at least
9494 25 "Proficient", with both such ratings occurring after the
9595 26 school district's or program's PERA implementation date.
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106106 1 For a teacher to attain contractual continued service
107107 2 under this subdivision (3), the teacher shall provide
108108 3 official copies of his or her 2 most recent overall annual
109109 4 or biennial evaluations from the prior school district or
110110 5 program to the new school district or program within 60
111111 6 days from the teacher's first day of service with the new
112112 7 school district or program. The prior school district or
113113 8 program must provide the teacher with official copies of
114114 9 his or her 2 most recent overall annual or biennial
115115 10 evaluations within 14 days after the teacher's request. If
116116 11 a teacher has requested such official copies prior to 45
117117 12 days after the teacher's first day of service with the new
118118 13 school district or program and the teacher's prior school
119119 14 district or program fails to provide the teacher with the
120120 15 official copies required under this subdivision (3), then
121121 16 the time period for the teacher to submit the official
122122 17 copies to his or her new school district or program must be
123123 18 extended until 14 days after receipt of such copies from
124124 19 the prior school district or program. If the prior school
125125 20 district or program fails to provide the teacher with the
126126 21 official copies required under this subdivision (3) within
127127 22 90 days from the teacher's first day of service with the
128128 23 new school district or program, then the new school
129129 24 district or program shall rely upon the teacher's own
130130 25 copies of his or her evaluations for purposes of this
131131 26 subdivision (3).
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142142 1 If the teacher does not receive overall annual evaluations
143143 2 of "Excellent" in the school terms necessary for eligibility
144144 3 to achieve accelerated contractual continued service in
145145 4 subdivisions (2) and (3) of this subsection (d), the teacher
146146 5 shall be eligible for contractual continued service pursuant
147147 6 to subdivision (1) of this subsection (d). If, at the
148148 7 conclusion of 4 consecutive school terms of service that count
149149 8 toward attainment of contractual continued service, the
150150 9 teacher's performance does not qualify the teacher for
151151 10 contractual continued service under subdivision (1) of this
152152 11 subsection (d), then the teacher shall not enter upon
153153 12 contractual continued service and shall be dismissed. If a
154154 13 performance evaluation is not conducted for any school term
155155 14 when such evaluation is required to be conducted under Section
156156 15 24A-5 of this Code, then the teacher's performance evaluation
157157 16 rating for such school term for purposes of determining the
158158 17 attainment of contractual continued service shall be deemed
159159 18 "Proficient", except that, during any time in which the
160160 19 Governor has declared a disaster due to a public health
161161 20 emergency pursuant to Section 7 of the Illinois Emergency
162162 21 Management Agency Act, this default to "Proficient" does not
163163 22 apply to any teacher who has entered into contractual
164164 23 continued service and who was deemed "Excellent" on his or her
165165 24 most recent evaluation. During any time in which the Governor
166166 25 has declared a disaster due to a public health emergency
167167 26 pursuant to Section 7 of the Illinois Emergency Management
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178178 1 Agency Act and unless the school board and any exclusive
179179 2 bargaining representative have completed the performance
180180 3 rating for teachers or mutually agreed to an alternate
181181 4 performance rating, any teacher who has entered into
182182 5 contractual continued service, whose most recent evaluation
183183 6 was deemed "Excellent", and whose performance evaluation is
184184 7 not conducted when the evaluation is required to be conducted
185185 8 shall receive a teacher's performance rating deemed
186186 9 "Excellent". A school board and any exclusive bargaining
187187 10 representative may mutually agree to an alternate performance
188188 11 rating for teachers not in contractual continued service
189189 12 during any time in which the Governor has declared a disaster
190190 13 due to a public health emergency pursuant to Section 7 of the
191191 14 Illinois Emergency Management Agency Act, as long as the
192192 15 agreement is in writing.
193193 16 (d-5) For any teacher who is first employed as a full-time
194194 17 teacher in a school district or program on or after July 1,
195195 18 2023, the probationary period shall be one of the following
196196 19 periods, based upon the teacher's school terms of service and
197197 20 performance, before the teacher shall enter upon contractual
198198 21 continued service in the district or in all of the programs
199199 22 that the teacher is legally qualified to hold, unless the
200200 23 teacher is given written notice of dismissal by certified
201201 24 mail, return receipt requested, by the employing board on or
202202 25 before April 15:
203203 26 (1) 3 consecutive school terms of service in which the
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214214 1 teacher holds a Professional Educator License and receives
215215 2 overall annual evaluation ratings of at least "Proficient"
216216 3 in the second and third school terms;
217217 4 (2) 2 consecutive school terms of service in which the
218218 5 teacher holds a Professional Educator License and receives
219219 6 2 overall annual evaluations of "Excellent"; or
220220 7 (3) 2 consecutive school terms of service in which the
221221 8 teacher holds a Professional Educator License and receives
222222 9 2 overall annual evaluations of "Excellent" service, but
223223 10 only if the teacher (i) previously attained contractual
224224 11 continued service in a different school district or
225225 12 program in this State, (ii) voluntarily departed or was
226226 13 honorably dismissed from that school district or program
227227 14 in the school term immediately prior to the teacher's
228228 15 first school term of service applicable to the attainment
229229 16 of contractual continued service under this subdivision
230230 17 (3), and (iii) received, in his or her 2 most recent
231231 18 overall annual or biennial evaluations from the prior
232232 19 school district or program, ratings of at least
233233 20 "Proficient", with both such ratings occurring after the
234234 21 school district's or program's PERA implementation date.
235235 22 For a teacher to attain contractual continued service
236236 23 under this subdivision (3), the teacher shall provide
237237 24 official copies of his or her 2 most recent overall annual
238238 25 or biennial evaluations from the prior school district or
239239 26 program to the new school district or program within 60
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250250 1 days from the teacher's first day of service with the new
251251 2 school district or program. The prior school district or
252252 3 program must provide the teacher with official copies of
253253 4 his or her 2 most recent overall annual or biennial
254254 5 evaluations within 14 days after the teacher's request. If
255255 6 a teacher has requested such official copies prior to 45
256256 7 days after the teacher's first day of service with the new
257257 8 school district or program and the teacher's prior school
258258 9 district or program fails to provide the teacher with the
259259 10 official copies required under this subdivision (3), then
260260 11 the time period for the teacher to submit the official
261261 12 copies to his or her new school district or program must be
262262 13 extended until 14 days after receipt of such copies from
263263 14 the prior school district or program. If the prior school
264264 15 district or program fails to provide the teacher with the
265265 16 official copies required under this subdivision (3) within
266266 17 90 days from the teacher's first day of service with the
267267 18 new school district or program, then the new school
268268 19 district or program shall rely upon the teacher's own
269269 20 copies of his or her evaluations for purposes of this
270270 21 subdivision (3).
271271 22 If the teacher does not receive overall annual evaluations
272272 23 of "Excellent" in the school terms necessary for eligibility
273273 24 to achieve accelerated contractual continued service in
274274 25 subdivisions (2) and (3) of this subsection (d), the teacher
275275 26 shall be eligible for contractual continued service pursuant
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286286 1 to subdivision (1) of this subsection (d). If, at the
287287 2 conclusion of 3 consecutive school terms of service that count
288288 3 toward attainment of contractual continued service, the
289289 4 teacher's performance does not qualify the teacher for
290290 5 contractual continued service under subdivision (1) of this
291291 6 subsection (d), then the teacher shall not enter upon
292292 7 contractual continued service and shall be dismissed. If a
293293 8 performance evaluation is not conducted for any school term
294294 9 when such evaluation is required to be conducted under Section
295295 10 24A-5 of this Code, then the teacher's performance evaluation
296296 11 rating for such school term for purposes of determining the
297297 12 attainment of contractual continued service shall be deemed
298298 13 "Proficient", except that, during any time in which the
299299 14 Governor has declared a disaster due to a public health
300300 15 emergency pursuant to Section 7 of the Illinois Emergency
301301 16 Management Agency Act, this default to "Proficient" does not
302302 17 apply to any teacher who has entered into contractual
303303 18 continued service and who was deemed "Excellent" on his or her
304304 19 most recent evaluation. During any time in which the Governor
305305 20 has declared a disaster due to a public health emergency
306306 21 pursuant to Section 7 of the Illinois Emergency Management
307307 22 Agency Act and unless the school board and any exclusive
308308 23 bargaining representative have completed the performance
309309 24 rating for teachers or mutually agreed to an alternate
310310 25 performance rating, any teacher who has entered into
311311 26 contractual continued service, whose most recent evaluation
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322322 1 was deemed "Excellent", and whose performance evaluation is
323323 2 not conducted when the evaluation is required to be conducted
324324 3 shall receive a teacher's performance rating deemed
325325 4 "Excellent". A school board and any exclusive bargaining
326326 5 representative may mutually agree to an alternate performance
327327 6 rating for teachers not in contractual continued service
328328 7 during any time in which the Governor has declared a disaster
329329 8 due to a public health emergency pursuant to Section 7 of the
330330 9 Illinois Emergency Management Agency Act, as long as the
331331 10 agreement is in writing.
332332 11 (e) For the purposes of determining contractual continued
333333 12 service, a school term shall be counted only toward attainment
334334 13 of contractual continued service if the teacher actually
335335 14 teaches or is otherwise present and participating in the
336336 15 district's or program's educational program for 120 days or
337337 16 more, provided that the days of leave under the federal Family
338338 17 Medical Leave Act that the teacher is required to take until
339339 18 the end of the school term shall be considered days of teaching
340340 19 or participation in the district's or program's educational
341341 20 program. A school term that is not counted toward attainment
342342 21 of contractual continued service shall not be considered a
343343 22 break in service for purposes of determining whether a teacher
344344 23 has been employed for 4 consecutive school terms, provided
345345 24 that the teacher actually teaches or is otherwise present and
346346 25 participating in the district's or program's educational
347347 26 program in the following school term.
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358358 1 (f) If the employing board determines to dismiss the
359359 2 teacher in the last year of the probationary period as
360360 3 provided in subsection (c) of this Section or subdivision (1)
361361 4 or (2) of subsection (d) of this Section or subdivision (1) or
362362 5 (2) of subsection (d-5) of this Section, but not subdivision
363363 6 (3) of subsection (d) of this Section or subdivision (3) of
364364 7 subsection (d-5) of this Section, the written notice of
365365 8 dismissal provided by the employing board must contain
366366 9 specific reasons for dismissal. Any full-time teacher who does
367-10 not receive written notice from the employing board on or
368-11 before April 15 at least 45 days before the end of any school
369-12 term as provided in this Section and whose performance does
370-13 not require dismissal after the fourth probationary year
371-14 pursuant to subsection (d) of this Section or the third
372-15 probationary year pursuant to subsection (d-5) of this Section
373-16 shall be re-employed for the following school term.
367+10 not receive written notice from the employing board at least
368+11 45 days before the end of any school term as provided in this
369+12 Section and whose performance does not require dismissal after
370+13 the fourth probationary year pursuant to subsection (d) of
371+14 this Section or the third probationary year pursuant to
372+15 subsection (d-5) of this Section shall be re-employed for the
373+16 following school term.
374374 17 (g) Contractual continued service shall continue in effect
375375 18 the terms and provisions of the contract with the teacher
376376 19 during the last school term of the probationary period,
377377 20 subject to this Act and the lawful regulations of the
378378 21 employing board. This Section and succeeding Sections do not
379379 22 modify any existing power of the board except with respect to
380380 23 the procedure of the discharge of a teacher and reductions in
381381 24 salary as hereinafter provided. Contractual continued service
382382 25 status shall not restrict the power of the board to transfer a
383383 26 teacher to a position which the teacher is qualified to fill or
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394394 1 to make such salary adjustments as it deems desirable, but
395395 2 unless reductions in salary are uniform or based upon some
396396 3 reasonable classification, any teacher whose salary is reduced
397397 4 shall be entitled to a notice and a hearing as hereinafter
398398 5 provided in the case of certain dismissals or removals.
399399 6 (h) If, by reason of any change in the boundaries of school
400400 7 districts, by reason of a special education cooperative
401401 8 reorganization or dissolution in accordance with Section
402402 9 10-22.31 of this Code, or by reason of the creation of a new
403403 10 school district, the position held by any teacher having a
404404 11 contractual continued service status is transferred from one
405405 12 board to the control of a new or different board, then the
406406 13 contractual continued service status of the teacher is not
407407 14 thereby lost, and such new or different board is subject to
408408 15 this Code with respect to the teacher in the same manner as if
409409 16 the teacher were its employee and had been its employee during
410410 17 the time the teacher was actually employed by the board from
411411 18 whose control the position was transferred.
412412 19 (i) The employment of any teacher in a program of a special
413413 20 education joint agreement established under Section 3-15.14,
414414 21 10-22.31 or 10-22.31a shall be governed by this and succeeding
415415 22 Sections of this Article. For purposes of attaining and
416416 23 maintaining contractual continued service and computing length
417417 24 of continuing service as referred to in this Section and
418418 25 Section 24-12, employment in a special educational joint
419419 26 program shall be deemed a continuation of all previous
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430430 1 licensed employment of such teacher for such joint agreement
431431 2 whether the employer of the teacher was the joint agreement,
432432 3 the regional superintendent, or one of the participating
433433 4 districts in the joint agreement.
434434 5 (j) For any teacher employed after July 1, 1987 as a
435435 6 full-time teacher in a program of a special education joint
436436 7 agreement, whether the program is operated by the joint
437437 8 agreement or a member district on behalf of the joint
438438 9 agreement, in the event of a reduction in the number of
439439 10 programs or positions in the joint agreement in which the
440440 11 notice of dismissal is provided on or before the end of the
441441 12 2010-2011 school term, the teacher in contractual continued
442442 13 service is eligible for employment in the joint agreement
443443 14 programs for which the teacher is legally qualified in order
444444 15 of greater length of continuing service in the joint
445445 16 agreement, unless an alternative method of determining the
446446 17 sequence of dismissal is established in a collective
447447 18 bargaining agreement. For any teacher employed after July 1,
448448 19 1987 as a full-time teacher in a program of a special education
449449 20 joint agreement, whether the program is operated by the joint
450450 21 agreement or a member district on behalf of the joint
451451 22 agreement, in the event of a reduction in the number of
452452 23 programs or positions in the joint agreement in which the
453453 24 notice of dismissal is provided during the 2011-2012 school
454454 25 term or a subsequent school term, the teacher shall be
455455 26 included on the honorable dismissal lists of all joint
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464-SB1872 Enrolled- 14 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 14 - LRB103 26797 RJT 53160 b
465- SB1872 Enrolled - 14 - LRB103 26797 RJT 53160 b
464+SB1872 Engrossed- 14 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 14 - LRB103 26797 RJT 53160 b
465+ SB1872 Engrossed - 14 - LRB103 26797 RJT 53160 b
466466 1 agreement programs for positions for which the teacher is
467467 2 qualified and is eligible for employment in such programs in
468468 3 accordance with subsections (b) and (c) of Section 24-12 of
469469 4 this Code and the applicable honorable dismissal policies of
470470 5 the joint agreement.
471471 6 (k) For any teacher employed after July 1, 1987 as a
472472 7 full-time teacher in a program of a special education joint
473473 8 agreement, whether the program is operated by the joint
474474 9 agreement or a member district on behalf of the joint
475475 10 agreement, in the event of the dissolution of a joint
476476 11 agreement, in which the notice to teachers of the dissolution
477477 12 is provided during the 2010-2011 school term, the teacher in
478478 13 contractual continued service who is legally qualified shall
479479 14 be assigned to any comparable position in a member district
480480 15 currently held by a teacher who has not entered upon
481481 16 contractual continued service or held by a teacher who has
482482 17 entered upon contractual continued service with a shorter
483483 18 length of contractual continued service. Any teacher employed
484484 19 after July 1, 1987 as a full-time teacher in a program of a
485485 20 special education joint agreement, whether the program is
486486 21 operated by the joint agreement or a member district on behalf
487487 22 of the joint agreement, in the event of the dissolution of a
488488 23 joint agreement in which the notice to teachers of the
489489 24 dissolution is provided during the 2011-2012 school term or a
490490 25 subsequent school term, the teacher who is qualified shall be
491491 26 included on the order of honorable dismissal lists of each
492492
493493
494494
495495
496496
497- SB1872 Enrolled - 14 - LRB103 26797 RJT 53160 b
497+ SB1872 Engrossed - 14 - LRB103 26797 RJT 53160 b
498498
499499
500-SB1872 Enrolled- 15 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 15 - LRB103 26797 RJT 53160 b
501- SB1872 Enrolled - 15 - LRB103 26797 RJT 53160 b
500+SB1872 Engrossed- 15 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 15 - LRB103 26797 RJT 53160 b
501+ SB1872 Engrossed - 15 - LRB103 26797 RJT 53160 b
502502 1 member district and shall be assigned to any comparable
503503 2 position in any such district in accordance with subsections
504504 3 (b) and (c) of Section 24-12 of this Code and the applicable
505505 4 honorable dismissal policies of each member district.
506506 5 (l) The governing board of the joint agreement, or the
507507 6 administrative district, if so authorized by the articles of
508508 7 agreement of the joint agreement, rather than the board of
509509 8 education of a school district, may carry out employment and
510510 9 termination actions including dismissals under this Section
511511 10 and Section 24-12.
512512 11 (m) The employment of any teacher in a special education
513513 12 program authorized by Section 14-1.01 through 14-14.01, or a
514514 13 joint educational program established under Section 10-22.31a,
515515 14 shall be under this and the succeeding Sections of this
516516 15 Article, and such employment shall be deemed a continuation of
517517 16 the previous employment of such teacher in any of the
518518 17 participating districts, regardless of the participation of
519519 18 other districts in the program.
520520 19 (n) Any teacher employed as a full-time teacher in a
521521 20 special education program prior to September 23, 1987 in which
522522 21 2 or more school districts participate for a probationary
523523 22 period of 2 consecutive years shall enter upon contractual
524524 23 continued service in each of the participating districts,
525525 24 subject to this and the succeeding Sections of this Article,
526526 25 and, notwithstanding Section 24-1.5 of this Code, in the event
527527 26 of the termination of the program shall be eligible for any
528528
529529
530530
531531
532532
533- SB1872 Enrolled - 15 - LRB103 26797 RJT 53160 b
533+ SB1872 Engrossed - 15 - LRB103 26797 RJT 53160 b
534534
535535
536-SB1872 Enrolled- 16 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 16 - LRB103 26797 RJT 53160 b
537- SB1872 Enrolled - 16 - LRB103 26797 RJT 53160 b
536+SB1872 Engrossed- 16 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 16 - LRB103 26797 RJT 53160 b
537+ SB1872 Engrossed - 16 - LRB103 26797 RJT 53160 b
538538 1 vacant position in any of such districts for which such
539539 2 teacher is qualified.
540540 3 (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22;
541541 4 102-854, eff. 5-13-22.)
542542 5 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
543543 6 Sec. 24-12. Removal or dismissal of teachers in
544544 7 contractual continued service.
545545 8 (a) This subsection (a) applies only to honorable
546546 9 dismissals and recalls in which the notice of dismissal is
547547 10 provided on or before the end of the 2010-2011 school term. If
548548 11 a teacher in contractual continued service is removed or
549549 12 dismissed as a result of a decision of the board to decrease
550550 13 the number of teachers employed by the board or to discontinue
551551 14 some particular type of teaching service, written notice shall
552552 15 be mailed to the teacher and also given the teacher either by
553553 16 certified mail, return receipt requested or personal delivery
554554 17 with receipt at least 60 days before the end of the school
555555 18 term, together with a statement of honorable dismissal and the
556556 19 reason therefor, and in all such cases the board shall first
557557 20 remove or dismiss all teachers who have not entered upon
558558 21 contractual continued service before removing or dismissing
559559 22 any teacher who has entered upon contractual continued service
560560 23 and who is legally qualified to hold a position currently held
561561 24 by a teacher who has not entered upon contractual continued
562562 25 service.
563563
564564
565565
566566
567567
568- SB1872 Enrolled - 16 - LRB103 26797 RJT 53160 b
568+ SB1872 Engrossed - 16 - LRB103 26797 RJT 53160 b
569569
570570
571-SB1872 Enrolled- 17 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 17 - LRB103 26797 RJT 53160 b
572- SB1872 Enrolled - 17 - LRB103 26797 RJT 53160 b
571+SB1872 Engrossed- 17 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 17 - LRB103 26797 RJT 53160 b
572+ SB1872 Engrossed - 17 - LRB103 26797 RJT 53160 b
573573 1 As between teachers who have entered upon contractual
574574 2 continued service, the teacher or teachers with the shorter
575575 3 length of continuing service with the district shall be
576576 4 dismissed first unless an alternative method of determining
577577 5 the sequence of dismissal is established in a collective
578578 6 bargaining agreement or contract between the board and a
579579 7 professional faculty members' organization and except that
580580 8 this provision shall not impair the operation of any
581581 9 affirmative action program in the district, regardless of
582582 10 whether it exists by operation of law or is conducted on a
583583 11 voluntary basis by the board. Any teacher dismissed as a
584584 12 result of such decrease or discontinuance shall be paid all
585585 13 earned compensation on or before the third business day
586586 14 following the last day of pupil attendance in the regular
587587 15 school term.
588588 16 If the board has any vacancies for the following school
589589 17 term or within one calendar year from the beginning of the
590590 18 following school term, the positions thereby becoming
591591 19 available shall be tendered to the teachers so removed or
592592 20 dismissed so far as they are legally qualified to hold such
593593 21 positions; provided, however, that if the number of honorable
594594 22 dismissal notices based on economic necessity exceeds 15% of
595595 23 the number of full-time equivalent positions filled by
596596 24 certified employees (excluding principals and administrative
597597 25 personnel) during the preceding school year, then if the board
598598 26 has any vacancies for the following school term or within 2
599599
600600
601601
602602
603603
604- SB1872 Enrolled - 17 - LRB103 26797 RJT 53160 b
604+ SB1872 Engrossed - 17 - LRB103 26797 RJT 53160 b
605605
606606
607-SB1872 Enrolled- 18 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 18 - LRB103 26797 RJT 53160 b
608- SB1872 Enrolled - 18 - LRB103 26797 RJT 53160 b
607+SB1872 Engrossed- 18 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 18 - LRB103 26797 RJT 53160 b
608+ SB1872 Engrossed - 18 - LRB103 26797 RJT 53160 b
609609 1 calendar years from the beginning of the following school
610610 2 term, the positions so becoming available shall be tendered to
611611 3 the teachers who were so notified and removed or dismissed
612612 4 whenever they are legally qualified to hold such positions.
613613 5 Each board shall, in consultation with any exclusive employee
614614 6 representatives, each year establish a list, categorized by
615615 7 positions, showing the length of continuing service of each
616616 8 teacher who is qualified to hold any such positions, unless an
617617 9 alternative method of determining a sequence of dismissal is
618618 10 established as provided for in this Section, in which case a
619619 11 list shall be made in accordance with the alternative method.
620620 12 Copies of the list shall be distributed to the exclusive
621621 13 employee representative on or before February 1 of each year.
622622 14 Whenever the number of honorable dismissal notices based upon
623623 15 economic necessity exceeds 5, or 150% of the average number of
624624 16 teachers honorably dismissed in the preceding 3 years,
625625 17 whichever is more, then the board also shall hold a public
626626 18 hearing on the question of the dismissals. Following the
627627 19 hearing and board review, the action to approve any such
628628 20 reduction shall require a majority vote of the board members.
629629 21 (b) This subsection (b) applies only to honorable
630630 22 dismissals and recalls in which the notice of dismissal is
631631 23 provided during the 2011-2012 school term or a subsequent
632632 24 school term. If any teacher, whether or not in contractual
633633 25 continued service, is removed or dismissed as a result of a
634634 26 decision of a school board to decrease the number of teachers
635635
636636
637637
638638
639639
640- SB1872 Enrolled - 18 - LRB103 26797 RJT 53160 b
640+ SB1872 Engrossed - 18 - LRB103 26797 RJT 53160 b
641641
642642
643-SB1872 Enrolled- 19 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 19 - LRB103 26797 RJT 53160 b
644- SB1872 Enrolled - 19 - LRB103 26797 RJT 53160 b
643+SB1872 Engrossed- 19 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 19 - LRB103 26797 RJT 53160 b
644+ SB1872 Engrossed - 19 - LRB103 26797 RJT 53160 b
645645 1 employed by the board, a decision of a school board to
646646 2 discontinue some particular type of teaching service, or a
647647 3 reduction in the number of programs or positions in a special
648648 4 education joint agreement, then written notice must be mailed
649649 5 to the teacher and also given to the teacher either by
650650 6 electronic mail, certified mail, return receipt requested, or
651651 7 personal delivery with receipt on or before April 15 at least
652652 8 45 days before the end of the school term, together with a
653653 9 statement of honorable dismissal and the reason therefor, and
654654 10 in all such cases the sequence of dismissal shall occur in
655655 11 accordance with this subsection (b); except that this
656656 12 subsection (b) shall not impair the operation of any
657657 13 affirmative action program in the school district, regardless
658658 14 of whether it exists by operation of law or is conducted on a
659659 15 voluntary basis by the board.
660660 16 Each teacher must be categorized into one or more
661661 17 positions for which the teacher is qualified to hold, based
662662 18 upon legal qualifications and any other qualifications
663663 19 established in a district or joint agreement job description,
664664 20 on or before the May 10 prior to the school year during which
665665 21 the sequence of dismissal is determined. Within each position
666666 22 and subject to agreements made by the joint committee on
667667 23 honorable dismissals that are authorized by subsection (c) of
668668 24 this Section, the school district or joint agreement must
669669 25 establish 4 groupings of teachers qualified to hold the
670670 26 position as follows:
671671
672672
673673
674674
675675
676- SB1872 Enrolled - 19 - LRB103 26797 RJT 53160 b
676+ SB1872 Engrossed - 19 - LRB103 26797 RJT 53160 b
677677
678678
679-SB1872 Enrolled- 20 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 20 - LRB103 26797 RJT 53160 b
680- SB1872 Enrolled - 20 - LRB103 26797 RJT 53160 b
679+SB1872 Engrossed- 20 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 20 - LRB103 26797 RJT 53160 b
680+ SB1872 Engrossed - 20 - LRB103 26797 RJT 53160 b
681681 1 (1) Grouping one shall consist of each teacher who is
682682 2 not in contractual continued service and who (i) has not
683683 3 received a performance evaluation rating, (ii) is employed
684684 4 for one school term or less to replace a teacher on leave,
685685 5 or (iii) is employed on a part-time basis. "Part-time
686686 6 basis" for the purposes of this subsection (b) means a
687687 7 teacher who is employed to teach less than a full-day,
688688 8 teacher workload or less than 5 days of the normal student
689689 9 attendance week, unless otherwise provided for in a
690690 10 collective bargaining agreement between the district and
691691 11 the exclusive representative of the district's teachers.
692692 12 For the purposes of this Section, a teacher (A) who is
693693 13 employed as a full-time teacher but who actually teaches
694694 14 or is otherwise present and participating in the
695695 15 district's educational program for less than a school term
696696 16 or (B) who, in the immediately previous school term, was
697697 17 employed on a full-time basis and actually taught or was
698698 18 otherwise present and participated in the district's
699699 19 educational program for 120 days or more is not considered
700700 20 employed on a part-time basis.
701701 21 (2) Grouping 2 shall consist of each teacher with a
702702 22 Needs Improvement or Unsatisfactory performance evaluation
703703 23 rating on either of the teacher's last 2 performance
704704 24 evaluation ratings.
705705 25 (3) Grouping 3 shall consist of each teacher with a
706706 26 performance evaluation rating of at least Satisfactory or
707707
708708
709709
710710
711711
712- SB1872 Enrolled - 20 - LRB103 26797 RJT 53160 b
712+ SB1872 Engrossed - 20 - LRB103 26797 RJT 53160 b
713713
714714
715-SB1872 Enrolled- 21 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 21 - LRB103 26797 RJT 53160 b
716- SB1872 Enrolled - 21 - LRB103 26797 RJT 53160 b
715+SB1872 Engrossed- 21 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 21 - LRB103 26797 RJT 53160 b
716+ SB1872 Engrossed - 21 - LRB103 26797 RJT 53160 b
717717 1 Proficient on both of the teacher's last 2 performance
718718 2 evaluation ratings, if 2 ratings are available, or on the
719719 3 teacher's last performance evaluation rating, if only one
720720 4 rating is available, unless the teacher qualifies for
721721 5 placement into grouping 4.
722722 6 (4) Grouping 4 shall consist of each teacher whose
723723 7 last 2 performance evaluation ratings are Excellent and
724724 8 each teacher with 2 Excellent performance evaluation
725725 9 ratings out of the teacher's last 3 performance evaluation
726726 10 ratings with a third rating of Satisfactory or Proficient.
727727 11 Among teachers qualified to hold a position, teachers must
728728 12 be dismissed in the order of their groupings, with teachers in
729729 13 grouping one dismissed first and teachers in grouping 4
730730 14 dismissed last.
731731 15 Within grouping one, the sequence of dismissal must be at
732732 16 the discretion of the school district or joint agreement.
733733 17 Within grouping 2, the sequence of dismissal must be based
734734 18 upon average performance evaluation ratings, with the teacher
735735 19 or teachers with the lowest average performance evaluation
736736 20 rating dismissed first. A teacher's average performance
737737 21 evaluation rating must be calculated using the average of the
738738 22 teacher's last 2 performance evaluation ratings, if 2 ratings
739739 23 are available, or the teacher's last performance evaluation
740740 24 rating, if only one rating is available, using the following
741741 25 numerical values: 4 for Excellent; 3 for Proficient or
742742 26 Satisfactory; 2 for Needs Improvement; and 1 for
743743
744744
745745
746746
747747
748- SB1872 Enrolled - 21 - LRB103 26797 RJT 53160 b
748+ SB1872 Engrossed - 21 - LRB103 26797 RJT 53160 b
749749
750750
751-SB1872 Enrolled- 22 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 22 - LRB103 26797 RJT 53160 b
752- SB1872 Enrolled - 22 - LRB103 26797 RJT 53160 b
751+SB1872 Engrossed- 22 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 22 - LRB103 26797 RJT 53160 b
752+ SB1872 Engrossed - 22 - LRB103 26797 RJT 53160 b
753753 1 Unsatisfactory. As between or among teachers in grouping 2
754754 2 with the same average performance evaluation rating and within
755755 3 each of groupings 3 and 4, the teacher or teachers with the
756756 4 shorter length of continuing service with the school district
757757 5 or joint agreement must be dismissed first unless an
758758 6 alternative method of determining the sequence of dismissal is
759759 7 established in a collective bargaining agreement or contract
760760 8 between the board and a professional faculty members'
761761 9 organization.
762762 10 Each board, including the governing board of a joint
763763 11 agreement, shall, in consultation with any exclusive employee
764764 12 representatives, each year establish a sequence of honorable
765765 13 dismissal list categorized by positions and the groupings
766766 14 defined in this subsection (b). Copies of the list showing
767767 15 each teacher by name and categorized by positions and the
768768 16 groupings defined in this subsection (b) must be distributed
769769 17 to the exclusive bargaining representative at least 75 days
770770 18 before the end of the school term, provided that the school
771771 19 district or joint agreement may, with notice to any exclusive
772772 20 employee representatives, move teachers from grouping one into
773773 21 another grouping during the period of time from 75 days until
774774 22 April 15 45 days before the end of the school term. Each year,
775775 23 each board shall also establish, in consultation with any
776776 24 exclusive employee representatives, a list showing the length
777777 25 of continuing service of each teacher who is qualified to hold
778778 26 any such positions, unless an alternative method of
779779
780780
781781
782782
783783
784- SB1872 Enrolled - 22 - LRB103 26797 RJT 53160 b
784+ SB1872 Engrossed - 22 - LRB103 26797 RJT 53160 b
785785
786786
787-SB1872 Enrolled- 23 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 23 - LRB103 26797 RJT 53160 b
788- SB1872 Enrolled - 23 - LRB103 26797 RJT 53160 b
787+SB1872 Engrossed- 23 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 23 - LRB103 26797 RJT 53160 b
788+ SB1872 Engrossed - 23 - LRB103 26797 RJT 53160 b
789789 1 determining a sequence of dismissal is established as provided
790790 2 for in this Section, in which case a list must be made in
791791 3 accordance with the alternative method. Copies of the list
792792 4 must be distributed to the exclusive employee representative
793793 5 at least 75 days before the end of the school term.
794794 6 Any teacher dismissed as a result of such decrease or
795795 7 discontinuance must be paid all earned compensation on or
796796 8 before the third business day following the last day of pupil
797797 9 attendance in the regular school term.
798798 10 If the board or joint agreement has any vacancies for the
799799 11 following school term or within one calendar year from the
800800 12 beginning of the following school term, the positions thereby
801801 13 becoming available must be tendered to the teachers so removed
802802 14 or dismissed who were in grouping 3 or 4 of the sequence of
803803 15 dismissal and are qualified to hold the positions, based upon
804804 16 legal qualifications and any other qualifications established
805805 17 in a district or joint agreement job description, on or before
806806 18 the May 10 prior to the date of the positions becoming
807807 19 available, provided that if the number of honorable dismissal
808808 20 notices based on economic necessity exceeds 15% of the number
809809 21 of full-time equivalent positions filled by certified
810810 22 employees (excluding principals and administrative personnel)
811811 23 during the preceding school year, then the recall period is
812812 24 for the following school term or within 2 calendar years from
813813 25 the beginning of the following school term. If the board or
814814 26 joint agreement has any vacancies within the period from the
815815
816816
817817
818818
819819
820- SB1872 Enrolled - 23 - LRB103 26797 RJT 53160 b
820+ SB1872 Engrossed - 23 - LRB103 26797 RJT 53160 b
821821
822822
823-SB1872 Enrolled- 24 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 24 - LRB103 26797 RJT 53160 b
824- SB1872 Enrolled - 24 - LRB103 26797 RJT 53160 b
823+SB1872 Engrossed- 24 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 24 - LRB103 26797 RJT 53160 b
824+ SB1872 Engrossed - 24 - LRB103 26797 RJT 53160 b
825825 1 beginning of the following school term through February 1 of
826826 2 the following school term (unless a date later than February
827827 3 1, but no later than 6 months from the beginning of the
828828 4 following school term, is established in a collective
829829 5 bargaining agreement), the positions thereby becoming
830830 6 available must be tendered to the teachers so removed or
831831 7 dismissed who were in grouping 2 of the sequence of dismissal
832832 8 due to one "needs improvement" rating on either of the
833833 9 teacher's last 2 performance evaluation ratings, provided
834834 10 that, if 2 ratings are available, the other performance
835835 11 evaluation rating used for grouping purposes is
836836 12 "satisfactory", "proficient", or "excellent", and are
837837 13 qualified to hold the positions, based upon legal
838838 14 qualifications and any other qualifications established in a
839839 15 district or joint agreement job description, on or before the
840840 16 May 10 prior to the date of the positions becoming available.
841841 17 On and after July 1, 2014 (the effective date of Public Act
842842 18 98-648), the preceding sentence shall apply to teachers
843843 19 removed or dismissed by honorable dismissal, even if notice of
844844 20 honorable dismissal occurred during the 2013-2014 school year.
845845 21 Among teachers eligible for recall pursuant to the preceding
846846 22 sentence, the order of recall must be in inverse order of
847847 23 dismissal, unless an alternative order of recall is
848848 24 established in a collective bargaining agreement or contract
849849 25 between the board and a professional faculty members'
850850 26 organization. Whenever the number of honorable dismissal
851851
852852
853853
854854
855855
856- SB1872 Enrolled - 24 - LRB103 26797 RJT 53160 b
856+ SB1872 Engrossed - 24 - LRB103 26797 RJT 53160 b
857857
858858
859-SB1872 Enrolled- 25 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 25 - LRB103 26797 RJT 53160 b
860- SB1872 Enrolled - 25 - LRB103 26797 RJT 53160 b
859+SB1872 Engrossed- 25 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 25 - LRB103 26797 RJT 53160 b
860+ SB1872 Engrossed - 25 - LRB103 26797 RJT 53160 b
861861 1 notices based upon economic necessity exceeds 5 notices or
862862 2 150% of the average number of teachers honorably dismissed in
863863 3 the preceding 3 years, whichever is more, then the school
864864 4 board or governing board of a joint agreement, as applicable,
865865 5 shall also hold a public hearing on the question of the
866866 6 dismissals. Following the hearing and board review, the action
867867 7 to approve any such reduction shall require a majority vote of
868868 8 the board members.
869869 9 For purposes of this subsection (b), subject to agreement
870870 10 on an alternative definition reached by the joint committee
871871 11 described in subsection (c) of this Section, a teacher's
872872 12 performance evaluation rating means the overall performance
873873 13 evaluation rating resulting from an annual or biennial
874874 14 performance evaluation conducted pursuant to Article 24A of
875875 15 this Code by the school district or joint agreement
876876 16 determining the sequence of dismissal, not including any
877877 17 performance evaluation conducted during or at the end of a
878878 18 remediation period. No more than one evaluation rating each
879879 19 school term shall be one of the evaluation ratings used for the
880880 20 purpose of determining the sequence of dismissal. Except as
881881 21 otherwise provided in this subsection for any performance
882882 22 evaluations conducted during or at the end of a remediation
883883 23 period, if multiple performance evaluations are conducted in a
884884 24 school term, only the rating from the last evaluation
885885 25 conducted prior to establishing the sequence of honorable
886886 26 dismissal list in such school term shall be the one evaluation
887887
888888
889889
890890
891891
892- SB1872 Enrolled - 25 - LRB103 26797 RJT 53160 b
892+ SB1872 Engrossed - 25 - LRB103 26797 RJT 53160 b
893893
894894
895-SB1872 Enrolled- 26 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 26 - LRB103 26797 RJT 53160 b
896- SB1872 Enrolled - 26 - LRB103 26797 RJT 53160 b
895+SB1872 Engrossed- 26 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 26 - LRB103 26797 RJT 53160 b
896+ SB1872 Engrossed - 26 - LRB103 26797 RJT 53160 b
897897 1 rating from that school term used for the purpose of
898898 2 determining the sequence of dismissal. Averaging ratings from
899899 3 multiple evaluations is not permitted unless otherwise agreed
900900 4 to in a collective bargaining agreement or contract between
901901 5 the board and a professional faculty members' organization.
902902 6 The preceding 3 sentences are not a legislative declaration
903903 7 that existing law does or does not already require that only
904904 8 one performance evaluation each school term shall be used for
905905 9 the purpose of determining the sequence of dismissal. For
906906 10 performance evaluation ratings determined prior to September
907907 11 1, 2012, any school district or joint agreement with a
908908 12 performance evaluation rating system that does not use either
909909 13 of the rating category systems specified in subsection (d) of
910910 14 Section 24A-5 of this Code for all teachers must establish a
911911 15 basis for assigning each teacher a rating that complies with
912912 16 subsection (d) of Section 24A-5 of this Code for all of the
913913 17 performance evaluation ratings that are to be used to
914914 18 determine the sequence of dismissal. A teacher's grouping and
915915 19 ranking on a sequence of honorable dismissal shall be deemed a
916916 20 part of the teacher's performance evaluation, and that
917917 21 information shall be disclosed to the exclusive bargaining
918918 22 representative as part of a sequence of honorable dismissal
919919 23 list, notwithstanding any laws prohibiting disclosure of such
920920 24 information. A performance evaluation rating may be used to
921921 25 determine the sequence of dismissal, notwithstanding the
922922 26 pendency of any grievance resolution or arbitration procedures
923923
924924
925925
926926
927927
928- SB1872 Enrolled - 26 - LRB103 26797 RJT 53160 b
928+ SB1872 Engrossed - 26 - LRB103 26797 RJT 53160 b
929929
930930
931-SB1872 Enrolled- 27 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 27 - LRB103 26797 RJT 53160 b
932- SB1872 Enrolled - 27 - LRB103 26797 RJT 53160 b
931+SB1872 Engrossed- 27 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 27 - LRB103 26797 RJT 53160 b
932+ SB1872 Engrossed - 27 - LRB103 26797 RJT 53160 b
933933 1 relating to the performance evaluation. If a teacher has
934934 2 received at least one performance evaluation rating conducted
935935 3 by the school district or joint agreement determining the
936936 4 sequence of dismissal and a subsequent performance evaluation
937937 5 is not conducted in any school year in which such evaluation is
938938 6 required to be conducted under Section 24A-5 of this Code, the
939939 7 teacher's performance evaluation rating for that school year
940940 8 for purposes of determining the sequence of dismissal is
941941 9 deemed Proficient, except that, during any time in which the
942942 10 Governor has declared a disaster due to a public health
943943 11 emergency pursuant to Section 7 of the Illinois Emergency
944944 12 Management Agency Act, this default to Proficient does not
945945 13 apply to any teacher who has entered into contractual
946946 14 continued service and who was deemed Excellent on his or her
947947 15 most recent evaluation. During any time in which the Governor
948948 16 has declared a disaster due to a public health emergency
949949 17 pursuant to Section 7 of the Illinois Emergency Management
950950 18 Agency Act and unless the school board and any exclusive
951951 19 bargaining representative have completed the performance
952952 20 rating for teachers or have mutually agreed to an alternate
953953 21 performance rating, any teacher who has entered into
954954 22 contractual continued service, whose most recent evaluation
955955 23 was deemed Excellent, and whose performance evaluation is not
956956 24 conducted when the evaluation is required to be conducted
957957 25 shall receive a teacher's performance rating deemed Excellent.
958958 26 A school board and any exclusive bargaining representative may
959959
960960
961961
962962
963963
964- SB1872 Enrolled - 27 - LRB103 26797 RJT 53160 b
964+ SB1872 Engrossed - 27 - LRB103 26797 RJT 53160 b
965965
966966
967-SB1872 Enrolled- 28 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 28 - LRB103 26797 RJT 53160 b
968- SB1872 Enrolled - 28 - LRB103 26797 RJT 53160 b
967+SB1872 Engrossed- 28 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 28 - LRB103 26797 RJT 53160 b
968+ SB1872 Engrossed - 28 - LRB103 26797 RJT 53160 b
969969 1 mutually agree to an alternate performance rating for teachers
970970 2 not in contractual continued service during any time in which
971971 3 the Governor has declared a disaster due to a public health
972972 4 emergency pursuant to Section 7 of the Illinois Emergency
973973 5 Management Agency Act, as long as the agreement is in writing.
974974 6 If a performance evaluation rating is nullified as the result
975975 7 of an arbitration, administrative agency, or court
976976 8 determination, then the school district or joint agreement is
977977 9 deemed to have conducted a performance evaluation for that
978978 10 school year, but the performance evaluation rating may not be
979979 11 used in determining the sequence of dismissal.
980980 12 Nothing in this subsection (b) shall be construed as
981981 13 limiting the right of a school board or governing board of a
982982 14 joint agreement to dismiss a teacher not in contractual
983983 15 continued service in accordance with Section 24-11 of this
984984 16 Code.
985985 17 Any provisions regarding the sequence of honorable
986986 18 dismissals and recall of honorably dismissed teachers in a
987987 19 collective bargaining agreement entered into on or before
988988 20 January 1, 2011 and in effect on June 13, 2011 (the effective
989989 21 date of Public Act 97-8) that may conflict with Public Act 97-8
990990 22 shall remain in effect through the expiration of such
991991 23 agreement or June 30, 2013, whichever is earlier.
992992 24 (c) Each school district and special education joint
993993 25 agreement must use a joint committee composed of equal
994994 26 representation selected by the school board and its teachers
995995
996996
997997
998998
999999
1000- SB1872 Enrolled - 28 - LRB103 26797 RJT 53160 b
1000+ SB1872 Engrossed - 28 - LRB103 26797 RJT 53160 b
10011001
10021002
1003-SB1872 Enrolled- 29 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 29 - LRB103 26797 RJT 53160 b
1004- SB1872 Enrolled - 29 - LRB103 26797 RJT 53160 b
1003+SB1872 Engrossed- 29 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 29 - LRB103 26797 RJT 53160 b
1004+ SB1872 Engrossed - 29 - LRB103 26797 RJT 53160 b
10051005 1 or, if applicable, the exclusive bargaining representative of
10061006 2 its teachers, to address the matters described in paragraphs
10071007 3 (1) through (5) of this subsection (c) pertaining to honorable
10081008 4 dismissals under subsection (b) of this Section.
10091009 5 (1) The joint committee must consider and may agree to
10101010 6 criteria for excluding from grouping 2 and placing into
10111011 7 grouping 3 a teacher whose last 2 performance evaluations
10121012 8 include a Needs Improvement and either a Proficient or
10131013 9 Excellent.
10141014 10 (2) The joint committee must consider and may agree to
10151015 11 an alternative definition for grouping 4, which definition
10161016 12 must take into account prior performance evaluation
10171017 13 ratings and may take into account other factors that
10181018 14 relate to the school district's or program's educational
10191019 15 objectives. An alternative definition for grouping 4 may
10201020 16 not permit the inclusion of a teacher in the grouping with
10211021 17 a Needs Improvement or Unsatisfactory performance
10221022 18 evaluation rating on either of the teacher's last 2
10231023 19 performance evaluation ratings.
10241024 20 (3) The joint committee may agree to including within
10251025 21 the definition of a performance evaluation rating a
10261026 22 performance evaluation rating administered by a school
10271027 23 district or joint agreement other than the school district
10281028 24 or joint agreement determining the sequence of dismissal.
10291029 25 (4) For each school district or joint agreement that
10301030 26 administers performance evaluation ratings that are
10311031
10321032
10331033
10341034
10351035
1036- SB1872 Enrolled - 29 - LRB103 26797 RJT 53160 b
1036+ SB1872 Engrossed - 29 - LRB103 26797 RJT 53160 b
10371037
10381038
1039-SB1872 Enrolled- 30 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 30 - LRB103 26797 RJT 53160 b
1040- SB1872 Enrolled - 30 - LRB103 26797 RJT 53160 b
1039+SB1872 Engrossed- 30 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 30 - LRB103 26797 RJT 53160 b
1040+ SB1872 Engrossed - 30 - LRB103 26797 RJT 53160 b
10411041 1 inconsistent with either of the rating category systems
10421042 2 specified in subsection (d) of Section 24A-5 of this Code,
10431043 3 the school district or joint agreement must consult with
10441044 4 the joint committee on the basis for assigning a rating
10451045 5 that complies with subsection (d) of Section 24A-5 of this
10461046 6 Code to each performance evaluation rating that will be
10471047 7 used in a sequence of dismissal.
10481048 8 (5) Upon request by a joint committee member submitted
10491049 9 to the employing board by no later than 10 days after the
10501050 10 distribution of the sequence of honorable dismissal list,
10511051 11 a representative of the employing board shall, within 5
10521052 12 days after the request, provide to members of the joint
10531053 13 committee a list showing the most recent and prior
10541054 14 performance evaluation ratings of each teacher identified
10551055 15 only by length of continuing service in the district or
10561056 16 joint agreement and not by name. If, after review of this
10571057 17 list, a member of the joint committee has a good faith
10581058 18 belief that a disproportionate number of teachers with
10591059 19 greater length of continuing service with the district or
10601060 20 joint agreement have received a recent performance
10611061 21 evaluation rating lower than the prior rating, the member
10621062 22 may request that the joint committee review the list to
10631063 23 assess whether such a trend may exist. Following the joint
10641064 24 committee's review, but by no later than the end of the
10651065 25 applicable school term, the joint committee or any member
10661066 26 or members of the joint committee may submit a report of
10671067
10681068
10691069
10701070
10711071
1072- SB1872 Enrolled - 30 - LRB103 26797 RJT 53160 b
1072+ SB1872 Engrossed - 30 - LRB103 26797 RJT 53160 b
10731073
10741074
1075-SB1872 Enrolled- 31 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 31 - LRB103 26797 RJT 53160 b
1076- SB1872 Enrolled - 31 - LRB103 26797 RJT 53160 b
1075+SB1872 Engrossed- 31 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 31 - LRB103 26797 RJT 53160 b
1076+ SB1872 Engrossed - 31 - LRB103 26797 RJT 53160 b
10771077 1 the review to the employing board and exclusive bargaining
10781078 2 representative, if any. Nothing in this paragraph (5)
10791079 3 shall impact the order of honorable dismissal or a school
10801080 4 district's or joint agreement's authority to carry out a
10811081 5 dismissal in accordance with subsection (b) of this
10821082 6 Section.
10831083 7 Agreement by the joint committee as to a matter requires
10841084 8 the majority vote of all committee members, and if the joint
10851085 9 committee does not reach agreement on a matter, then the
10861086 10 otherwise applicable requirements of subsection (b) of this
10871087 11 Section shall apply. Except as explicitly set forth in this
10881088 12 subsection (c), a joint committee has no authority to agree to
10891089 13 any further modifications to the requirements for honorable
10901090 14 dismissals set forth in subsection (b) of this Section. The
10911091 15 joint committee must be established, and the first meeting of
10921092 16 the joint committee each school year must occur on or before
10931093 17 December 1.
10941094 18 The joint committee must reach agreement on a matter on or
10951095 19 before February 1 of a school year in order for the agreement
10961096 20 of the joint committee to apply to the sequence of dismissal
10971097 21 determined during that school year. Subject to the February 1
10981098 22 deadline for agreements, the agreement of a joint committee on
10991099 23 a matter shall apply to the sequence of dismissal until the
11001100 24 agreement is amended or terminated by the joint committee.
11011101 25 The provisions of the Open Meetings Act shall not apply to
11021102 26 meetings of a joint committee created under this subsection
11031103
11041104
11051105
11061106
11071107
1108- SB1872 Enrolled - 31 - LRB103 26797 RJT 53160 b
1108+ SB1872 Engrossed - 31 - LRB103 26797 RJT 53160 b
11091109
11101110
1111-SB1872 Enrolled- 32 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 32 - LRB103 26797 RJT 53160 b
1112- SB1872 Enrolled - 32 - LRB103 26797 RJT 53160 b
1111+SB1872 Engrossed- 32 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 32 - LRB103 26797 RJT 53160 b
1112+ SB1872 Engrossed - 32 - LRB103 26797 RJT 53160 b
11131113 1 (c).
11141114 2 (d) Notwithstanding anything to the contrary in this
11151115 3 subsection (d), the requirements and dismissal procedures of
11161116 4 Section 24-16.5 of this Code shall apply to any dismissal
11171117 5 sought under Section 24-16.5 of this Code.
11181118 6 (1) If a dismissal of a teacher in contractual
11191119 7 continued service is sought for any reason or cause other
11201120 8 than an honorable dismissal under subsections (a) or (b)
11211121 9 of this Section or a dismissal sought under Section
11221122 10 24-16.5 of this Code, including those under Section
11231123 11 10-22.4, the board must first approve a motion containing
11241124 12 specific charges by a majority vote of all its members.
11251125 13 Written notice of such charges, including a bill of
11261126 14 particulars and the teacher's right to request a hearing,
11271127 15 must be mailed to the teacher and also given to the teacher
11281128 16 either by electronic mail, certified mail, return receipt
11291129 17 requested, or personal delivery with receipt within 5 days
11301130 18 of the adoption of the motion. Any written notice sent on
11311131 19 or after July 1, 2012 shall inform the teacher of the right
11321132 20 to request a hearing before a mutually selected hearing
11331133 21 officer, with the cost of the hearing officer split
11341134 22 equally between the teacher and the board, or a hearing
11351135 23 before a board-selected hearing officer, with the cost of
11361136 24 the hearing officer paid by the board.
11371137 25 Before setting a hearing on charges stemming from
11381138 26 causes that are considered remediable, a board must give
11391139
11401140
11411141
11421142
11431143
1144- SB1872 Enrolled - 32 - LRB103 26797 RJT 53160 b
1144+ SB1872 Engrossed - 32 - LRB103 26797 RJT 53160 b
11451145
11461146
1147-SB1872 Enrolled- 33 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 33 - LRB103 26797 RJT 53160 b
1148- SB1872 Enrolled - 33 - LRB103 26797 RJT 53160 b
1147+SB1872 Engrossed- 33 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 33 - LRB103 26797 RJT 53160 b
1148+ SB1872 Engrossed - 33 - LRB103 26797 RJT 53160 b
11491149 1 the teacher reasonable warning in writing, stating
11501150 2 specifically the causes that, if not removed, may result
11511151 3 in charges; however, no such written warning is required
11521152 4 if the causes have been the subject of a remediation plan
11531153 5 pursuant to Article 24A of this Code.
11541154 6 If, in the opinion of the board, the interests of the
11551155 7 school require it, the board may suspend the teacher
11561156 8 without pay, pending the hearing, but if the board's
11571157 9 dismissal or removal is not sustained, the teacher shall
11581158 10 not suffer the loss of any salary or benefits by reason of
11591159 11 the suspension.
11601160 12 (2) No hearing upon the charges is required unless the
11611161 13 teacher within 17 days after receiving notice requests in
11621162 14 writing of the board that a hearing be scheduled before a
11631163 15 mutually selected hearing officer or a hearing officer
11641164 16 selected by the board. The secretary of the school board
11651165 17 shall forward a copy of the notice to the State Board of
11661166 18 Education.
11671167 19 (3) Within 5 business days after receiving a notice of
11681168 20 hearing in which either notice to the teacher was sent
11691169 21 before July 1, 2012 or, if the notice was sent on or after
11701170 22 July 1, 2012, the teacher has requested a hearing before a
11711171 23 mutually selected hearing officer, the State Board of
11721172 24 Education shall provide a list of 5 prospective, impartial
11731173 25 hearing officers from the master list of qualified,
11741174 26 impartial hearing officers maintained by the State Board
11751175
11761176
11771177
11781178
11791179
1180- SB1872 Enrolled - 33 - LRB103 26797 RJT 53160 b
1180+ SB1872 Engrossed - 33 - LRB103 26797 RJT 53160 b
11811181
11821182
1183-SB1872 Enrolled- 34 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 34 - LRB103 26797 RJT 53160 b
1184- SB1872 Enrolled - 34 - LRB103 26797 RJT 53160 b
1183+SB1872 Engrossed- 34 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 34 - LRB103 26797 RJT 53160 b
1184+ SB1872 Engrossed - 34 - LRB103 26797 RJT 53160 b
11851185 1 of Education. Each person on the master list must (i) be
11861186 2 accredited by a national arbitration organization and have
11871187 3 had a minimum of 5 years of experience directly related to
11881188 4 labor and employment relations matters between employers
11891189 5 and employees or their exclusive bargaining
11901190 6 representatives and (ii) beginning September 1, 2012, have
11911191 7 participated in training provided or approved by the State
11921192 8 Board of Education for teacher dismissal hearing officers
11931193 9 so that he or she is familiar with issues generally
11941194 10 involved in evaluative and non-evaluative dismissals.
11951195 11 If notice to the teacher was sent before July 1, 2012
11961196 12 or, if the notice was sent on or after July 1, 2012, the
11971197 13 teacher has requested a hearing before a mutually selected
11981198 14 hearing officer, the board and the teacher or their legal
11991199 15 representatives within 3 business days shall alternately
12001200 16 strike one name from the list provided by the State Board
12011201 17 of Education until only one name remains. Unless waived by
12021202 18 the teacher, the teacher shall have the right to proceed
12031203 19 first with the striking. Within 3 business days of receipt
12041204 20 of the list provided by the State Board of Education, the
12051205 21 board and the teacher or their legal representatives shall
12061206 22 each have the right to reject all prospective hearing
12071207 23 officers named on the list and notify the State Board of
12081208 24 Education of such rejection. Within 3 business days after
12091209 25 receiving this notification, the State Board of Education
12101210 26 shall appoint a qualified person from the master list who
12111211
12121212
12131213
12141214
12151215
1216- SB1872 Enrolled - 34 - LRB103 26797 RJT 53160 b
1216+ SB1872 Engrossed - 34 - LRB103 26797 RJT 53160 b
12171217
12181218
1219-SB1872 Enrolled- 35 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 35 - LRB103 26797 RJT 53160 b
1220- SB1872 Enrolled - 35 - LRB103 26797 RJT 53160 b
1219+SB1872 Engrossed- 35 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 35 - LRB103 26797 RJT 53160 b
1220+ SB1872 Engrossed - 35 - LRB103 26797 RJT 53160 b
12211221 1 did not appear on the list sent to the parties to serve as
12221222 2 the hearing officer, unless the parties notify it that
12231223 3 they have chosen to alternatively select a hearing officer
12241224 4 under paragraph (4) of this subsection (d).
12251225 5 If the teacher has requested a hearing before a
12261226 6 hearing officer selected by the board, the board shall
12271227 7 select one name from the master list of qualified
12281228 8 impartial hearing officers maintained by the State Board
12291229 9 of Education within 3 business days after receipt and
12301230 10 shall notify the State Board of Education of its
12311231 11 selection.
12321232 12 A hearing officer mutually selected by the parties,
12331233 13 selected by the board, or selected through an alternative
12341234 14 selection process under paragraph (4) of this subsection
12351235 15 (d) (A) must not be a resident of the school district, (B)
12361236 16 must be available to commence the hearing within 75 days
12371237 17 and conclude the hearing within 120 days after being
12381238 18 selected as the hearing officer, and (C) must issue a
12391239 19 decision as to whether the teacher must be dismissed and
12401240 20 give a copy of that decision to both the teacher and the
12411241 21 board within 30 days from the conclusion of the hearing or
12421242 22 closure of the record, whichever is later.
12431243 23 Any hearing convened during a public health emergency
12441244 24 pursuant to Section 7 of the Illinois Emergency Management
12451245 25 Agency Act may be convened remotely. Any hearing officer
12461246 26 for a hearing convened during a public health emergency
12471247
12481248
12491249
12501250
12511251
1252- SB1872 Enrolled - 35 - LRB103 26797 RJT 53160 b
1252+ SB1872 Engrossed - 35 - LRB103 26797 RJT 53160 b
12531253
12541254
1255-SB1872 Enrolled- 36 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 36 - LRB103 26797 RJT 53160 b
1256- SB1872 Enrolled - 36 - LRB103 26797 RJT 53160 b
1255+SB1872 Engrossed- 36 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 36 - LRB103 26797 RJT 53160 b
1256+ SB1872 Engrossed - 36 - LRB103 26797 RJT 53160 b
12571257 1 pursuant to Section 7 of the Illinois Emergency Management
12581258 2 Agency Act may voluntarily withdraw from the hearing and
12591259 3 another hearing officer shall be selected or appointed
12601260 4 pursuant to this Section.
12611261 5 In this paragraph, "pre-hearing procedures" refers to
12621262 6 the pre-hearing procedures under Section 51.55 of Title 23
12631263 7 of the Illinois Administrative Code and "hearing" refers
12641264 8 to the hearing under Section 51.60 of Title 23 of the
12651265 9 Illinois Administrative Code. Any teacher who has been
12661266 10 charged with engaging in acts of corporal punishment,
12671267 11 physical abuse, grooming, or sexual misconduct and who
12681268 12 previously paused pre-hearing procedures or a hearing
12691269 13 pursuant to Public Act 101-643 must proceed with selection
12701270 14 of a hearing officer or hearing date, or both, within the
12711271 15 timeframes established by this paragraph (3) and
12721272 16 paragraphs (4) through (6) of this subsection (d), unless
12731273 17 the timeframes are mutually waived in writing by both
12741274 18 parties, and all timelines set forth in this Section in
12751275 19 cases concerning corporal punishment, physical abuse,
12761276 20 grooming, or sexual misconduct shall be reset to begin the
12771277 21 day after the effective date of this amendatory Act of the
12781278 22 102nd General Assembly. Any teacher charged with engaging
12791279 23 in acts of corporal punishment, physical abuse, grooming,
12801280 24 or sexual misconduct on or after the effective date of
12811281 25 this amendatory Act of the 102nd General Assembly may not
12821282 26 pause pre-hearing procedures or a hearing.
12831283
12841284
12851285
12861286
12871287
1288- SB1872 Enrolled - 36 - LRB103 26797 RJT 53160 b
1288+ SB1872 Engrossed - 36 - LRB103 26797 RJT 53160 b
12891289
12901290
1291-SB1872 Enrolled- 37 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 37 - LRB103 26797 RJT 53160 b
1292- SB1872 Enrolled - 37 - LRB103 26797 RJT 53160 b
1291+SB1872 Engrossed- 37 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 37 - LRB103 26797 RJT 53160 b
1292+ SB1872 Engrossed - 37 - LRB103 26797 RJT 53160 b
12931293 1 (4) In the alternative to selecting a hearing officer
12941294 2 from the list received from the State Board of Education
12951295 3 or accepting the appointment of a hearing officer by the
12961296 4 State Board of Education or if the State Board of
12971297 5 Education cannot provide a list or appoint a hearing
12981298 6 officer that meets the foregoing requirements, the board
12991299 7 and the teacher or their legal representatives may
13001300 8 mutually agree to select an impartial hearing officer who
13011301 9 is not on the master list either by direct appointment by
13021302 10 the parties or by using procedures for the appointment of
13031303 11 an arbitrator established by the Federal Mediation and
13041304 12 Conciliation Service or the American Arbitration
13051305 13 Association. The parties shall notify the State Board of
13061306 14 Education of their intent to select a hearing officer
13071307 15 using an alternative procedure within 3 business days of
13081308 16 receipt of a list of prospective hearing officers provided
13091309 17 by the State Board of Education, notice of appointment of
13101310 18 a hearing officer by the State Board of Education, or
13111311 19 receipt of notice from the State Board of Education that
13121312 20 it cannot provide a list that meets the foregoing
13131313 21 requirements, whichever is later.
13141314 22 (5) If the notice of dismissal was sent to the teacher
13151315 23 before July 1, 2012, the fees and costs for the hearing
13161316 24 officer must be paid by the State Board of Education. If
13171317 25 the notice of dismissal was sent to the teacher on or after
13181318 26 July 1, 2012, the hearing officer's fees and costs must be
13191319
13201320
13211321
13221322
13231323
1324- SB1872 Enrolled - 37 - LRB103 26797 RJT 53160 b
1324+ SB1872 Engrossed - 37 - LRB103 26797 RJT 53160 b
13251325
13261326
1327-SB1872 Enrolled- 38 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 38 - LRB103 26797 RJT 53160 b
1328- SB1872 Enrolled - 38 - LRB103 26797 RJT 53160 b
1327+SB1872 Engrossed- 38 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 38 - LRB103 26797 RJT 53160 b
1328+ SB1872 Engrossed - 38 - LRB103 26797 RJT 53160 b
13291329 1 paid as follows in this paragraph (5). The fees and
13301330 2 permissible costs for the hearing officer must be
13311331 3 determined by the State Board of Education. If the board
13321332 4 and the teacher or their legal representatives mutually
13331333 5 agree to select an impartial hearing officer who is not on
13341334 6 a list received from the State Board of Education, they
13351335 7 may agree to supplement the fees determined by the State
13361336 8 Board to the hearing officer, at a rate consistent with
13371337 9 the hearing officer's published professional fees. If the
13381338 10 hearing officer is mutually selected by the parties, then
13391339 11 the board and the teacher or their legal representatives
13401340 12 shall each pay 50% of the fees and costs and any
13411341 13 supplemental allowance to which they agree. If the hearing
13421342 14 officer is selected by the board, then the board shall pay
13431343 15 100% of the hearing officer's fees and costs. The fees and
13441344 16 costs must be paid to the hearing officer within 14 days
13451345 17 after the board and the teacher or their legal
13461346 18 representatives receive the hearing officer's decision set
13471347 19 forth in paragraph (7) of this subsection (d).
13481348 20 (6) The teacher is required to answer the bill of
13491349 21 particulars and aver affirmative matters in his or her
13501350 22 defense, and the time for initially doing so and the time
13511351 23 for updating such answer and defenses after pre-hearing
13521352 24 discovery must be set by the hearing officer. The State
13531353 25 Board of Education shall promulgate rules so that each
13541354 26 party has a fair opportunity to present its case and to
13551355
13561356
13571357
13581358
13591359
1360- SB1872 Enrolled - 38 - LRB103 26797 RJT 53160 b
1360+ SB1872 Engrossed - 38 - LRB103 26797 RJT 53160 b
13611361
13621362
1363-SB1872 Enrolled- 39 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 39 - LRB103 26797 RJT 53160 b
1364- SB1872 Enrolled - 39 - LRB103 26797 RJT 53160 b
1363+SB1872 Engrossed- 39 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 39 - LRB103 26797 RJT 53160 b
1364+ SB1872 Engrossed - 39 - LRB103 26797 RJT 53160 b
13651365 1 ensure that the dismissal process proceeds in a fair and
13661366 2 expeditious manner. These rules shall address, without
13671367 3 limitation, discovery and hearing scheduling conferences;
13681368 4 the teacher's initial answer and affirmative defenses to
13691369 5 the bill of particulars and the updating of that
13701370 6 information after pre-hearing discovery; provision for
13711371 7 written interrogatories and requests for production of
13721372 8 documents; the requirement that each party initially
13731373 9 disclose to the other party and then update the disclosure
13741374 10 no later than 10 calendar days prior to the commencement
13751375 11 of the hearing, the names and addresses of persons who may
13761376 12 be called as witnesses at the hearing, a summary of the
13771377 13 facts or opinions each witness will testify to, and all
13781378 14 other documents and materials, including information
13791379 15 maintained electronically, relevant to its own as well as
13801380 16 the other party's case (the hearing officer may exclude
13811381 17 witnesses and exhibits not identified and shared, except
13821382 18 those offered in rebuttal for which the party could not
13831383 19 reasonably have anticipated prior to the hearing);
13841384 20 pre-hearing discovery and preparation, including provision
13851385 21 for written interrogatories and requests for production of
13861386 22 documents, provided that discovery depositions are
13871387 23 prohibited; the conduct of the hearing; the right of each
13881388 24 party to be represented by counsel, the offer of evidence
13891389 25 and witnesses and the cross-examination of witnesses; the
13901390 26 authority of the hearing officer to issue subpoenas and
13911391
13921392
13931393
13941394
13951395
1396- SB1872 Enrolled - 39 - LRB103 26797 RJT 53160 b
1396+ SB1872 Engrossed - 39 - LRB103 26797 RJT 53160 b
13971397
13981398
1399-SB1872 Enrolled- 40 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 40 - LRB103 26797 RJT 53160 b
1400- SB1872 Enrolled - 40 - LRB103 26797 RJT 53160 b
1399+SB1872 Engrossed- 40 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 40 - LRB103 26797 RJT 53160 b
1400+ SB1872 Engrossed - 40 - LRB103 26797 RJT 53160 b
14011401 1 subpoenas duces tecum, provided that the hearing officer
14021402 2 may limit the number of witnesses to be subpoenaed on
14031403 3 behalf of each party to no more than 7; the length of
14041404 4 post-hearing briefs; and the form, length, and content of
14051405 5 hearing officers' decisions. The hearing officer shall
14061406 6 hold a hearing and render a final decision for dismissal
14071407 7 pursuant to Article 24A of this Code or shall report to the
14081408 8 school board findings of fact and a recommendation as to
14091409 9 whether or not the teacher must be dismissed for conduct.
14101410 10 The hearing officer shall commence the hearing within 75
14111411 11 days and conclude the hearing within 120 days after being
14121412 12 selected as the hearing officer, provided that the hearing
14131413 13 officer may modify these timelines upon the showing of
14141414 14 good cause or mutual agreement of the parties. Good cause
14151415 15 for the purpose of this subsection (d) shall mean the
14161416 16 illness or otherwise unavoidable emergency of the teacher,
14171417 17 district representative, their legal representatives, the
14181418 18 hearing officer, or an essential witness as indicated in
14191419 19 each party's pre-hearing submission. In a dismissal
14201420 20 hearing pursuant to Article 24A of this Code in which a
14211421 21 witness is a student or is under the age of 18, the hearing
14221422 22 officer must make accommodations for the witness, as
14231423 23 provided under paragraph (6.5) of this subsection. The
14241424 24 hearing officer shall consider and give weight to all of
14251425 25 the teacher's evaluations written pursuant to Article 24A
14261426 26 that are relevant to the issues in the hearing.
14271427
14281428
14291429
14301430
14311431
1432- SB1872 Enrolled - 40 - LRB103 26797 RJT 53160 b
1432+ SB1872 Engrossed - 40 - LRB103 26797 RJT 53160 b
14331433
14341434
1435-SB1872 Enrolled- 41 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 41 - LRB103 26797 RJT 53160 b
1436- SB1872 Enrolled - 41 - LRB103 26797 RJT 53160 b
1435+SB1872 Engrossed- 41 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 41 - LRB103 26797 RJT 53160 b
1436+ SB1872 Engrossed - 41 - LRB103 26797 RJT 53160 b
14371437 1 Each party shall have no more than 3 days to present
14381438 2 its case, unless extended by the hearing officer to enable
14391439 3 a party to present adequate evidence and testimony,
14401440 4 including due to the other party's cross-examination of
14411441 5 the party's witnesses, for good cause or by mutual
14421442 6 agreement of the parties. The State Board of Education
14431443 7 shall define in rules the meaning of "day" for such
14441444 8 purposes. All testimony at the hearing shall be taken
14451445 9 under oath administered by the hearing officer. The
14461446 10 hearing officer shall cause a record of the proceedings to
14471447 11 be kept and shall employ a competent reporter to take
14481448 12 stenographic or stenotype notes of all the testimony. The
14491449 13 costs of the reporter's attendance and services at the
14501450 14 hearing shall be paid by the party or parties who are
14511451 15 responsible for paying the fees and costs of the hearing
14521452 16 officer. Either party desiring a transcript of the hearing
14531453 17 shall pay for the cost thereof. Any post-hearing briefs
14541454 18 must be submitted by the parties by no later than 21 days
14551455 19 after a party's receipt of the transcript of the hearing,
14561456 20 unless extended by the hearing officer for good cause or
14571457 21 by mutual agreement of the parties.
14581458 22 (6.5) In the case of charges involving sexual abuse or
14591459 23 severe physical abuse of a student or a person under the
14601460 24 age of 18, the hearing officer shall make alternative
14611461 25 hearing procedures to protect a witness who is a student
14621462 26 or who is under the age of 18 from being intimidated or
14631463
14641464
14651465
14661466
14671467
1468- SB1872 Enrolled - 41 - LRB103 26797 RJT 53160 b
1468+ SB1872 Engrossed - 41 - LRB103 26797 RJT 53160 b
14691469
14701470
1471-SB1872 Enrolled- 42 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 42 - LRB103 26797 RJT 53160 b
1472- SB1872 Enrolled - 42 - LRB103 26797 RJT 53160 b
1471+SB1872 Engrossed- 42 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 42 - LRB103 26797 RJT 53160 b
1472+ SB1872 Engrossed - 42 - LRB103 26797 RJT 53160 b
14731473 1 traumatized. Alternative hearing procedures may include,
14741474 2 but are not limited to: (i) testimony made via a
14751475 3 telecommunication device in a location other than the
14761476 4 hearing room and outside the physical presence of the
14771477 5 teacher and other hearing participants, (ii) testimony
14781478 6 outside the physical presence of the teacher, or (iii)
14791479 7 non-public testimony. During a testimony described under
14801480 8 this subsection, each party must be permitted to ask a
14811481 9 witness who is a student or who is under 18 years of age
14821482 10 all relevant questions and follow-up questions. All
14831483 11 questions must exclude evidence of the witness' sexual
14841484 12 behavior or predisposition, unless the evidence is offered
14851485 13 to prove that someone other than the teacher subject to
14861486 14 the dismissal hearing engaged in the charge at issue.
14871487 15 (7) The hearing officer shall, within 30 days from the
14881488 16 conclusion of the hearing or closure of the record,
14891489 17 whichever is later, make a decision as to whether or not
14901490 18 the teacher shall be dismissed pursuant to Article 24A of
14911491 19 this Code or report to the school board findings of fact
14921492 20 and a recommendation as to whether or not the teacher
14931493 21 shall be dismissed for cause and shall give a copy of the
14941494 22 decision or findings of fact and recommendation to both
14951495 23 the teacher and the school board. If a hearing officer
14961496 24 fails without good cause, specifically provided in writing
14971497 25 to both parties and the State Board of Education, to
14981498 26 render a decision or findings of fact and recommendation
14991499
15001500
15011501
15021502
15031503
1504- SB1872 Enrolled - 42 - LRB103 26797 RJT 53160 b
1504+ SB1872 Engrossed - 42 - LRB103 26797 RJT 53160 b
15051505
15061506
1507-SB1872 Enrolled- 43 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 43 - LRB103 26797 RJT 53160 b
1508- SB1872 Enrolled - 43 - LRB103 26797 RJT 53160 b
1507+SB1872 Engrossed- 43 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 43 - LRB103 26797 RJT 53160 b
1508+ SB1872 Engrossed - 43 - LRB103 26797 RJT 53160 b
15091509 1 within 30 days after the hearing is concluded or the
15101510 2 record is closed, whichever is later, the parties may
15111511 3 mutually agree to select a hearing officer pursuant to the
15121512 4 alternative procedure, as provided in this Section, to
15131513 5 rehear the charges heard by the hearing officer who failed
15141514 6 to render a decision or findings of fact and
15151515 7 recommendation or to review the record and render a
15161516 8 decision. If any hearing officer fails without good cause,
15171517 9 specifically provided in writing to both parties and the
15181518 10 State Board of Education, to render a decision or findings
15191519 11 of fact and recommendation within 30 days after the
15201520 12 hearing is concluded or the record is closed, whichever is
15211521 13 later, the hearing officer shall be removed from the
15221522 14 master list of hearing officers maintained by the State
15231523 15 Board of Education for not more than 24 months. The
15241524 16 parties and the State Board of Education may also take
15251525 17 such other actions as it deems appropriate, including
15261526 18 recovering, reducing, or withholding any fees paid or to
15271527 19 be paid to the hearing officer. If any hearing officer
15281528 20 repeats such failure, he or she must be permanently
15291529 21 removed from the master list maintained by the State Board
15301530 22 of Education and may not be selected by parties through
15311531 23 the alternative selection process under this paragraph (7)
15321532 24 or paragraph (4) of this subsection (d). The board shall
15331533 25 not lose jurisdiction to discharge a teacher if the
15341534 26 hearing officer fails to render a decision or findings of
15351535
15361536
15371537
15381538
15391539
1540- SB1872 Enrolled - 43 - LRB103 26797 RJT 53160 b
1540+ SB1872 Engrossed - 43 - LRB103 26797 RJT 53160 b
15411541
15421542
1543-SB1872 Enrolled- 44 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 44 - LRB103 26797 RJT 53160 b
1544- SB1872 Enrolled - 44 - LRB103 26797 RJT 53160 b
1543+SB1872 Engrossed- 44 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 44 - LRB103 26797 RJT 53160 b
1544+ SB1872 Engrossed - 44 - LRB103 26797 RJT 53160 b
15451545 1 fact and recommendation within the time specified in this
15461546 2 Section. If the decision of the hearing officer for
15471547 3 dismissal pursuant to Article 24A of this Code or of the
15481548 4 school board for dismissal for cause is in favor of the
15491549 5 teacher, then the hearing officer or school board shall
15501550 6 order reinstatement to the same or substantially
15511551 7 equivalent position and shall determine the amount for
15521552 8 which the school board is liable, including, but not
15531553 9 limited to, loss of income and benefits.
15541554 10 (8) The school board, within 45 days after receipt of
15551555 11 the hearing officer's findings of fact and recommendation
15561556 12 as to whether (i) the conduct at issue occurred, (ii) the
15571557 13 conduct that did occur was remediable, and (iii) the
15581558 14 proposed dismissal should be sustained, shall issue a
15591559 15 written order as to whether the teacher must be retained
15601560 16 or dismissed for cause from its employ. The school board's
15611561 17 written order shall incorporate the hearing officer's
15621562 18 findings of fact, except that the school board may modify
15631563 19 or supplement the findings of fact if, in its opinion, the
15641564 20 findings of fact are against the manifest weight of the
15651565 21 evidence.
15661566 22 If the school board dismisses the teacher
15671567 23 notwithstanding the hearing officer's findings of fact and
15681568 24 recommendation, the school board shall make a conclusion
15691569 25 in its written order, giving its reasons therefor, and
15701570 26 such conclusion and reasons must be included in its
15711571
15721572
15731573
15741574
15751575
1576- SB1872 Enrolled - 44 - LRB103 26797 RJT 53160 b
1576+ SB1872 Engrossed - 44 - LRB103 26797 RJT 53160 b
15771577
15781578
1579-SB1872 Enrolled- 45 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 45 - LRB103 26797 RJT 53160 b
1580- SB1872 Enrolled - 45 - LRB103 26797 RJT 53160 b
1579+SB1872 Engrossed- 45 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 45 - LRB103 26797 RJT 53160 b
1580+ SB1872 Engrossed - 45 - LRB103 26797 RJT 53160 b
15811581 1 written order. The failure of the school board to strictly
15821582 2 adhere to the timelines contained in this Section shall
15831583 3 not render it without jurisdiction to dismiss the teacher.
15841584 4 The school board shall not lose jurisdiction to discharge
15851585 5 the teacher for cause if the hearing officer fails to
15861586 6 render a recommendation within the time specified in this
15871587 7 Section. The decision of the school board is final, unless
15881588 8 reviewed as provided in paragraph (9) of this subsection
15891589 9 (d).
15901590 10 If the school board retains the teacher, the school
15911591 11 board shall enter a written order stating the amount of
15921592 12 back pay and lost benefits, less mitigation, to be paid to
15931593 13 the teacher, within 45 days after its retention order.
15941594 14 Should the teacher object to the amount of the back pay and
15951595 15 lost benefits or amount mitigated, the teacher shall give
15961596 16 written objections to the amount within 21 days. If the
15971597 17 parties fail to reach resolution within 7 days, the
15981598 18 dispute shall be referred to the hearing officer, who
15991599 19 shall consider the school board's written order and
16001600 20 teacher's written objection and determine the amount to
16011601 21 which the school board is liable. The costs of the hearing
16021602 22 officer's review and determination must be paid by the
16031603 23 board.
16041604 24 (9) The decision of the hearing officer pursuant to
16051605 25 Article 24A of this Code or of the school board's decision
16061606 26 to dismiss for cause is final unless reviewed as provided
16071607
16081608
16091609
16101610
16111611
1612- SB1872 Enrolled - 45 - LRB103 26797 RJT 53160 b
1612+ SB1872 Engrossed - 45 - LRB103 26797 RJT 53160 b
16131613
16141614
1615-SB1872 Enrolled- 46 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 46 - LRB103 26797 RJT 53160 b
1616- SB1872 Enrolled - 46 - LRB103 26797 RJT 53160 b
1615+SB1872 Engrossed- 46 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 46 - LRB103 26797 RJT 53160 b
1616+ SB1872 Engrossed - 46 - LRB103 26797 RJT 53160 b
16171617 1 in Section 24-16 of this Code. If the school board's
16181618 2 decision to dismiss for cause is contrary to the hearing
16191619 3 officer's recommendation, the court on review shall give
16201620 4 consideration to the school board's decision and its
16211621 5 supplemental findings of fact, if applicable, and the
16221622 6 hearing officer's findings of fact and recommendation in
16231623 7 making its decision. In the event such review is
16241624 8 instituted, the school board shall be responsible for
16251625 9 preparing and filing the record of proceedings, and such
16261626 10 costs associated therewith must be divided equally between
16271627 11 the parties.
16281628 12 (10) If a decision of the hearing officer for
16291629 13 dismissal pursuant to Article 24A of this Code or of the
16301630 14 school board for dismissal for cause is adjudicated upon
16311631 15 review or appeal in favor of the teacher, then the trial
16321632 16 court shall order reinstatement and shall remand the
16331633 17 matter to the school board with direction for entry of an
16341634 18 order setting the amount of back pay, lost benefits, and
16351635 19 costs, less mitigation. The teacher may challenge the
16361636 20 school board's order setting the amount of back pay, lost
16371637 21 benefits, and costs, less mitigation, through an expedited
16381638 22 arbitration procedure, with the costs of the arbitrator
16391639 23 borne by the school board.
16401640 24 Any teacher who is reinstated by any hearing or
16411641 25 adjudication brought under this Section shall be assigned
16421642 26 by the board to a position substantially similar to the
16431643
16441644
16451645
16461646
16471647
1648- SB1872 Enrolled - 46 - LRB103 26797 RJT 53160 b
1648+ SB1872 Engrossed - 46 - LRB103 26797 RJT 53160 b
16491649
16501650
1651-SB1872 Enrolled- 47 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 47 - LRB103 26797 RJT 53160 b
1652- SB1872 Enrolled - 47 - LRB103 26797 RJT 53160 b
1651+SB1872 Engrossed- 47 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 47 - LRB103 26797 RJT 53160 b
1652+ SB1872 Engrossed - 47 - LRB103 26797 RJT 53160 b
16531653 1 one which that teacher held prior to that teacher's
16541654 2 suspension or dismissal.
16551655 3 (11) Subject to any later effective date referenced in
16561656 4 this Section for a specific aspect of the dismissal
16571657 5 process, the changes made by Public Act 97-8 shall apply
16581658 6 to dismissals instituted on or after September 1, 2011.
16591659 7 Any dismissal instituted prior to September 1, 2011 must
16601660 8 be carried out in accordance with the requirements of this
16611661 9 Section prior to amendment by Public Act 97-8.
16621662 10 (e) Nothing contained in Public Act 98-648 repeals,
16631663 11 supersedes, invalidates, or nullifies final decisions in
16641664 12 lawsuits pending on July 1, 2014 (the effective date of Public
16651665 13 Act 98-648) in Illinois courts involving the interpretation of
16661666 14 Public Act 97-8.
16671667 15 (Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
16681668 16 101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
16691669 17 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
16701670 18 Sec. 34-84. Appointments and promotions of teachers.
16711671 19 Appointments and promotions of teachers shall be made for
16721672 20 merit only, and after satisfactory service for a probationary
16731673 21 period of 3 years with respect to probationary employees
16741674 22 employed as full-time teachers in the public school system of
16751675 23 the district before January 1, 1998 or on or after July 1, 2023
16761676 24 and 4 years with respect to probationary employees who are
16771677 25 first employed as full-time teachers in the public school
16781678
16791679
16801680
16811681
16821682
1683- SB1872 Enrolled - 47 - LRB103 26797 RJT 53160 b
1683+ SB1872 Engrossed - 47 - LRB103 26797 RJT 53160 b
16841684
16851685
1686-SB1872 Enrolled- 48 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 48 - LRB103 26797 RJT 53160 b
1687- SB1872 Enrolled - 48 - LRB103 26797 RJT 53160 b
1686+SB1872 Engrossed- 48 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 48 - LRB103 26797 RJT 53160 b
1687+ SB1872 Engrossed - 48 - LRB103 26797 RJT 53160 b
16881688 1 system of the district on or after January 1, 1998 but before
16891689 2 July 1, 2023, during which period the board may dismiss or
16901690 3 discharge any such probationary employee upon the
16911691 4 recommendation, accompanied by the written reasons therefor,
16921692 5 of the general superintendent of schools and after which
16931693 6 period appointments of teachers shall become permanent,
16941694 7 subject to removal for cause in the manner provided by Section
16951695 8 34-85.
16961696 9 For a probationary-appointed teacher in full-time service
16971697 10 who is appointed on or after July 1, 2013 and who receives
16981698 11 ratings of "excellent" during his or her first 3 school terms
16991699 12 of full-time service, the probationary period shall be 3
17001700 13 school terms of full-time service. For a
17011701 14 probationary-appointed teacher in full-time service who is
17021702 15 appointed on or after July 1, 2013 and who had previously
17031703 16 entered into contractual continued service in another school
17041704 17 district in this State or a program of a special education
17051705 18 joint agreement in this State, as defined in Section 24-11 of
17061706 19 this Code, the probationary period shall be 2 school terms of
17071707 20 full-time service, provided that (i) the teacher voluntarily
17081708 21 resigned or was honorably dismissed from the prior district or
17091709 22 program within the 3-month period preceding his or her
17101710 23 appointment date, (ii) the teacher's last 2 ratings in the
17111711 24 prior district or program were at least "proficient" and were
17121712 25 issued after the prior district's or program's PERA
17131713 26 implementation date, as defined in Section 24-11 of this Code,
17141714
17151715
17161716
17171717
17181718
1719- SB1872 Enrolled - 48 - LRB103 26797 RJT 53160 b
1719+ SB1872 Engrossed - 48 - LRB103 26797 RJT 53160 b
17201720
17211721
1722-SB1872 Enrolled- 49 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 49 - LRB103 26797 RJT 53160 b
1723- SB1872 Enrolled - 49 - LRB103 26797 RJT 53160 b
1722+SB1872 Engrossed- 49 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 49 - LRB103 26797 RJT 53160 b
1723+ SB1872 Engrossed - 49 - LRB103 26797 RJT 53160 b
17241724 1 and (iii) the teacher receives ratings of "excellent" during
17251725 2 his or her first 2 school terms of full-time service.
17261726 3 For a probationary-appointed teacher in full-time service
17271727 4 who is appointed on or after July 1, 2013 and who has not
17281728 5 entered into contractual continued service after 2 or 3 school
17291729 6 terms of full-time service as provided in this Section, the
17301730 7 probationary period shall be 3 4 school terms of full-time
17311731 8 service, provided that the teacher holds a Professional
17321732 9 Educator License and receives a rating of at least
17331733 10 "proficient" in the last school term and a rating of at least
17341734 11 "proficient" in either the second or third school term.
17351735 12 As used in this Section, "school term" means the school
17361736 13 term established by the board pursuant to Section 10-19 of
17371737 14 this Code, and "full-time service" means the teacher has
17381738 15 actually worked at least 150 days during the school term. As
17391739 16 used in this Article, "teachers" means and includes all
17401740 17 members of the teaching force excluding the general
17411741 18 superintendent and principals.
17421742 19 There shall be no reduction in teachers because of a
17431743 20 decrease in student membership or a change in subject
17441744 21 requirements within the attendance center organization after
17451745 22 the 20th day following the first day of the school year, except
17461746 23 that: (1) this provision shall not apply to desegregation
17471747 24 positions, special education positions, or any other positions
17481748 25 funded by State or federal categorical funds, and (2) at
17491749 26 attendance centers maintaining any of grades 9 through 12,
17501750
17511751
17521752
17531753
17541754
1755- SB1872 Enrolled - 49 - LRB103 26797 RJT 53160 b
1755+ SB1872 Engrossed - 49 - LRB103 26797 RJT 53160 b
17561756
17571757
1758-SB1872 Enrolled- 50 -LRB103 26797 RJT 53160 b SB1872 Enrolled - 50 - LRB103 26797 RJT 53160 b
1759- SB1872 Enrolled - 50 - LRB103 26797 RJT 53160 b
1758+SB1872 Engrossed- 50 -LRB103 26797 RJT 53160 b SB1872 Engrossed - 50 - LRB103 26797 RJT 53160 b
1759+ SB1872 Engrossed - 50 - LRB103 26797 RJT 53160 b
17601760 1 there may be a second reduction in teachers on the first day of
17611761 2 the second semester of the regular school term because of a
17621762 3 decrease in student membership or a change in subject
17631763 4 requirements within the attendance center organization.
17641764 5 The school principal shall make the decision in selecting
17651765 6 teachers to fill new and vacant positions consistent with
17661766 7 Section 34-8.1.
17671767 8 (Source: P.A. 97-8, eff. 6-13-11.)
17681768 9 Section 99. Effective date. This Act takes effect July 1,
17691769 10 2023.
17701770
17711771
17721772
17731773
17741774
1775- SB1872 Enrolled - 50 - LRB103 26797 RJT 53160 b
1775+ SB1872 Engrossed - 50 - LRB103 26797 RJT 53160 b