Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2218 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0398
2	1		SB2218 EnrolledLRB103 25407 RJT 51754 b SB2218 Enrolled LRB103 25407 RJT 51754 b
3	2		SB2218 Enrolled LRB103 25407 RJT 51754 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Code is amended by changing Section
8		-	24-12 as follows:
9		-	(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
10		-	Sec. 24-12. Removal or dismissal of teachers in
11		-	contractual continued service.
12		-	(a) This subsection (a) applies only to honorable
13		-	dismissals and recalls in which the notice of dismissal is
14		-	provided on or before the end of the 2010-2011 school term. If
15		-	a teacher in contractual continued service is removed or
16		-	dismissed as a result of a decision of the board to decrease
17		-	the number of teachers employed by the board or to discontinue
18		-	some particular type of teaching service, written notice shall
19		-	be mailed to the teacher and also given the teacher either by
20		-	certified mail, return receipt requested or personal delivery
21		-	with receipt at least 60 days before the end of the school
22		-	term, together with a statement of honorable dismissal and the
23		-	reason therefor, and in all such cases the board shall first
24		-	remove or dismiss all teachers who have not entered upon
25		-	contractual continued service before removing or dismissing
26		-	any teacher who has entered upon contractual continued service
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Code is amended by changing Section
	7	+	5 24-12 as follows:
	8	+	6 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
	9	+	7 Sec. 24-12. Removal or dismissal of teachers in
	10	+	8 contractual continued service.
	11	+	9 (a) This subsection (a) applies only to honorable
	12	+	10 dismissals and recalls in which the notice of dismissal is
	13	+	11 provided on or before the end of the 2010-2011 school term. If
	14	+	12 a teacher in contractual continued service is removed or
	15	+	13 dismissed as a result of a decision of the board to decrease
	16	+	14 the number of teachers employed by the board or to discontinue
	17	+	15 some particular type of teaching service, written notice shall
	18	+	16 be mailed to the teacher and also given the teacher either by
	19	+	17 certified mail, return receipt requested or personal delivery
	20	+	18 with receipt at least 60 days before the end of the school
	21	+	19 term, together with a statement of honorable dismissal and the
	22	+	20 reason therefor, and in all such cases the board shall first
	23	+	21 remove or dismiss all teachers who have not entered upon
	24	+	22 contractual continued service before removing or dismissing
	25	+	23 any teacher who has entered upon contractual continued service
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32	31
33		-	and who is legally qualified to hold a position currently held
34		-	by a teacher who has not entered upon contractual continued
35		-	service.
36		-	As between teachers who have entered upon contractual
37		-	continued service, the teacher or teachers with the shorter
38		-	length of continuing service with the district shall be
39		-	dismissed first unless an alternative method of determining
40		-	the sequence of dismissal is established in a collective
41		-	bargaining agreement or contract between the board and a
42		-	professional faculty members' organization and except that
43		-	this provision shall not impair the operation of any
44		-	affirmative action program in the district, regardless of
45		-	whether it exists by operation of law or is conducted on a
46		-	voluntary basis by the board. Any teacher dismissed as a
47		-	result of such decrease or discontinuance shall be paid all
48		-	earned compensation on or before the third business day
49		-	following the last day of pupil attendance in the regular
50		-	school term.
51		-	If the board has any vacancies for the following school
52		-	term or within one calendar year from the beginning of the
53		-	following school term, the positions thereby becoming
54		-	available shall be tendered to the teachers so removed or
55		-	dismissed so far as they are legally qualified to hold such
56		-	positions; provided, however, that if the number of honorable
57		-	dismissal notices based on economic necessity exceeds 15% of
58		-	the number of full-time equivalent positions filled by
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	34	+	1 and who is legally qualified to hold a position currently held
	35	+	2 by a teacher who has not entered upon contractual continued
	36	+	3 service.
	37	+	4 As between teachers who have entered upon contractual
	38	+	5 continued service, the teacher or teachers with the shorter
	39	+	6 length of continuing service with the district shall be
	40	+	7 dismissed first unless an alternative method of determining
	41	+	8 the sequence of dismissal is established in a collective
	42	+	9 bargaining agreement or contract between the board and a
	43	+	10 professional faculty members' organization and except that
	44	+	11 this provision shall not impair the operation of any
	45	+	12 affirmative action program in the district, regardless of
	46	+	13 whether it exists by operation of law or is conducted on a
	47	+	14 voluntary basis by the board. Any teacher dismissed as a
	48	+	15 result of such decrease or discontinuance shall be paid all
	49	+	16 earned compensation on or before the third business day
	50	+	17 following the last day of pupil attendance in the regular
	51	+	18 school term.
	52	+	19 If the board has any vacancies for the following school
	53	+	20 term or within one calendar year from the beginning of the
	54	+	21 following school term, the positions thereby becoming
	55	+	22 available shall be tendered to the teachers so removed or
	56	+	23 dismissed so far as they are legally qualified to hold such
	57	+	24 positions; provided, however, that if the number of honorable
	58	+	25 dismissal notices based on economic necessity exceeds 15% of
	59	+	26 the number of full-time equivalent positions filled by
59	60
60	61
61		-	certified employees (excluding principals and administrative
62		-	personnel) during the preceding school year, then if the board
63		-	has any vacancies for the following school term or within 2
64		-	calendar years from the beginning of the following school
65		-	term, the positions so becoming available shall be tendered to
66		-	the teachers who were so notified and removed or dismissed
67		-	whenever they are legally qualified to hold such positions.
68		-	Each board shall, in consultation with any exclusive employee
69		-	representatives, each year establish a list, categorized by
70		-	positions, showing the length of continuing service of each
71		-	teacher who is qualified to hold any such positions, unless an
72		-	alternative method of determining a sequence of dismissal is
73		-	established as provided for in this Section, in which case a
74		-	list shall be made in accordance with the alternative method.
75		-	Copies of the list shall be distributed to the exclusive
76		-	employee representative on or before February 1 of each year.
77		-	Whenever the number of honorable dismissal notices based upon
78		-	economic necessity exceeds 5, or 150% of the average number of
79		-	teachers honorably dismissed in the preceding 3 years,
80		-	whichever is more, then the board also shall hold a public
81		-	hearing on the question of the dismissals. Following the
82		-	hearing and board review, the action to approve any such
83		-	reduction shall require a majority vote of the board members.
84		-	(b) This subsection (b) applies only to honorable
85		-	dismissals and recalls in which the notice of dismissal is
86		-	provided during the 2011-2012 school term or a subsequent
87	62
88	63
89		-	school term. If any teacher, whether or not in contractual
90		-	continued service, is removed or dismissed as a result of a
91		-	decision of a school board to decrease the number of teachers
92		-	employed by the board, a decision of a school board to
93		-	discontinue some particular type of teaching service, or a
94		-	reduction in the number of programs or positions in a special
95		-	education joint agreement, then written notice must be mailed
96		-	to the teacher and also given to the teacher either by
97		-	electronic mail, certified mail, return receipt requested, or
98		-	personal delivery with receipt at least 45 days before the end
99		-	of the school term, together with a statement of honorable
100		-	dismissal and the reason therefor, and in all such cases the
101		-	sequence of dismissal shall occur in accordance with this
102		-	subsection (b); except that this subsection (b) shall not
103		-	impair the operation of any affirmative action program in the
104		-	school district, regardless of whether it exists by operation
105		-	of law or is conducted on a voluntary basis by the board.
106		-	Each teacher must be categorized into one or more
107		-	positions for which the teacher is qualified to hold, based
108		-	upon legal qualifications and any other qualifications
109		-	established in a district or joint agreement job description,
110		-	on or before the May 10 prior to the school year during which
111		-	the sequence of dismissal is determined. Within each position
112		-	and subject to agreements made by the joint committee on
113		-	honorable dismissals that are authorized by subsection (c) of
114		-	this Section, the school district or joint agreement must
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116	67
117		-	establish 4 groupings of teachers qualified to hold the
118		-	position as follows:
119		-	(1) Grouping one shall consist of each teacher who is
120		-	not in contractual continued service and who (i) has not
121		-	received a performance evaluation rating, (ii) is employed
122		-	for one school term or less to replace a teacher on leave,
123		-	or (iii) is employed on a part-time basis. "Part-time
124		-	basis" for the purposes of this subsection (b) means a
125		-	teacher who is employed to teach less than a full-day,
126		-	teacher workload or less than 5 days of the normal student
127		-	attendance week, unless otherwise provided for in a
128		-	collective bargaining agreement between the district and
129		-	the exclusive representative of the district's teachers.
130		-	For the purposes of this Section, a teacher (A) who is
131		-	employed as a full-time teacher but who actually teaches
132		-	or is otherwise present and participating in the
133		-	district's educational program for less than a school term
134		-	or (B) who, in the immediately previous school term, was
135		-	employed on a full-time basis and actually taught or was
136		-	otherwise present and participated in the district's
137		-	educational program for 120 days or more is not considered
138		-	employed on a part-time basis.
139		-	(2) Grouping 2 shall consist of each teacher with a
140		-	Needs Improvement or Unsatisfactory performance evaluation
141		-	rating on either of the teacher's last 2 performance
142		-	evaluation ratings.
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	70	+	1 certified employees (excluding principals and administrative
	71	+	2 personnel) during the preceding school year, then if the board
	72	+	3 has any vacancies for the following school term or within 2
	73	+	4 calendar years from the beginning of the following school
	74	+	5 term, the positions so becoming available shall be tendered to
	75	+	6 the teachers who were so notified and removed or dismissed
	76	+	7 whenever they are legally qualified to hold such positions.
	77	+	8 Each board shall, in consultation with any exclusive employee
	78	+	9 representatives, each year establish a list, categorized by
	79	+	10 positions, showing the length of continuing service of each
	80	+	11 teacher who is qualified to hold any such positions, unless an
	81	+	12 alternative method of determining a sequence of dismissal is
	82	+	13 established as provided for in this Section, in which case a
	83	+	14 list shall be made in accordance with the alternative method.
	84	+	15 Copies of the list shall be distributed to the exclusive
	85	+	16 employee representative on or before February 1 of each year.
	86	+	17 Whenever the number of honorable dismissal notices based upon
	87	+	18 economic necessity exceeds 5, or 150% of the average number of
	88	+	19 teachers honorably dismissed in the preceding 3 years,
	89	+	20 whichever is more, then the board also shall hold a public
	90	+	21 hearing on the question of the dismissals. Following the
	91	+	22 hearing and board review, the action to approve any such
	92	+	23 reduction shall require a majority vote of the board members.
	93	+	24 (b) This subsection (b) applies only to honorable
	94	+	25 dismissals and recalls in which the notice of dismissal is
	95	+	26 provided during the 2011-2012 school term or a subsequent
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144	97
145		-	(3) Grouping 3 shall consist of each teacher with a
146		-	performance evaluation rating of at least Satisfactory or
147		-	Proficient on both of the teacher's last 2 performance
148		-	evaluation ratings, if 2 ratings are available, or on the
149		-	teacher's last performance evaluation rating, if only one
150		-	rating is available, unless the teacher qualifies for
151		-	placement into grouping 4.
152		-	(4) Grouping 4 shall consist of each teacher whose
153		-	last 2 performance evaluation ratings are Excellent and
154		-	each teacher with 2 Excellent performance evaluation
155		-	ratings out of the teacher's last 3 performance evaluation
156		-	ratings with a third rating of Satisfactory or Proficient.
157		-	Among teachers qualified to hold a position, teachers must
158		-	be dismissed in the order of their groupings, with teachers in
159		-	grouping one dismissed first and teachers in grouping 4
160		-	dismissed last.
161		-	Within grouping one, the sequence of dismissal must be at
162		-	the discretion of the school district or joint agreement.
163		-	Within grouping 2, the sequence of dismissal must be based
164		-	upon average performance evaluation ratings, with the teacher
165		-	or teachers with the lowest average performance evaluation
166		-	rating dismissed first. A teacher's average performance
167		-	evaluation rating must be calculated using the average of the
168		-	teacher's last 2 performance evaluation ratings, if 2 ratings
169		-	are available, or the teacher's last performance evaluation
170		-	rating, if only one rating is available, using the following
171	98
172	99
173		-	numerical values: 4 for Excellent; 3 for Proficient or
174		-	Satisfactory; 2 for Needs Improvement; and 1 for
175		-	Unsatisfactory. As between or among teachers in grouping 2
176		-	with the same average performance evaluation rating and within
177		-	each of groupings 3 and 4, the teacher or teachers with the
178		-	shorter length of continuing service with the school district
179		-	or joint agreement must be dismissed first unless an
180		-	alternative method of determining the sequence of dismissal is
181		-	established in a collective bargaining agreement or contract
182		-	between the board and a professional faculty members'
183		-	organization.
184		-	Each board, including the governing board of a joint
185		-	agreement, shall, in consultation with any exclusive employee
186		-	representatives, each year establish a sequence of honorable
187		-	dismissal list categorized by positions and the groupings
188		-	defined in this subsection (b). Copies of the list showing
189		-	each teacher by name, along with the race or ethnicity of the
190		-	teacher if provided by the teacher, and categorized by
191		-	positions and the groupings defined in this subsection (b)
192		-	must be distributed to the exclusive bargaining representative
193		-	at least 75 days before the end of the school term, provided
194		-	that the school district or joint agreement may, with notice
195		-	to any exclusive employee representatives, move teachers from
196		-	grouping one into another grouping during the period of time
197		-	from 75 days until 45 days before the end of the school term.
198		-	Each year, each board shall also establish, in consultation
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200	103
201		-	with any exclusive employee representatives, a list showing
202		-	the length of continuing service of each teacher who is
203		-	qualified to hold any such positions, unless an alternative
204		-	method of determining a sequence of dismissal is established
205		-	as provided for in this Section, in which case a list must be
206		-	made in accordance with the alternative method. Copies of the
207		-	list must be distributed to the exclusive employee
208		-	representative at least 75 days before the end of the school
209		-	term.
210		-	Any teacher dismissed as a result of such decrease or
211		-	discontinuance must be paid all earned compensation on or
212		-	before the third business day following the last day of pupil
213		-	attendance in the regular school term.
214		-	If the board or joint agreement has any vacancies for the
215		-	following school term or within one calendar year from the
216		-	beginning of the following school term, the positions thereby
217		-	becoming available must be tendered to the teachers so removed
218		-	or dismissed who were in grouping 3 or 4 of the sequence of
219		-	dismissal and are qualified to hold the positions, based upon
220		-	legal qualifications and any other qualifications established
221		-	in a district or joint agreement job description, on or before
222		-	the May 10 prior to the date of the positions becoming
223		-	available, provided that if the number of honorable dismissal
224		-	notices based on economic necessity exceeds 15% of the number
225		-	of full-time equivalent positions filled by certified
226		-	employees (excluding principals and administrative personnel)
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	106	+	1 school term. If any teacher, whether or not in contractual
	107	+	2 continued service, is removed or dismissed as a result of a
	108	+	3 decision of a school board to decrease the number of teachers
	109	+	4 employed by the board, a decision of a school board to
	110	+	5 discontinue some particular type of teaching service, or a
	111	+	6 reduction in the number of programs or positions in a special
	112	+	7 education joint agreement, then written notice must be mailed
	113	+	8 to the teacher and also given to the teacher either by
	114	+	9 electronic mail, certified mail, return receipt requested, or
	115	+	10 personal delivery with receipt at least 45 days before the end
	116	+	11 of the school term, together with a statement of honorable
	117	+	12 dismissal and the reason therefor, and in all such cases the
	118	+	13 sequence of dismissal shall occur in accordance with this
	119	+	14 subsection (b); except that this subsection (b) shall not
	120	+	15 impair the operation of any affirmative action program in the
	121	+	16 school district, regardless of whether it exists by operation
	122	+	17 of law or is conducted on a voluntary basis by the board.
	123	+	18 Each teacher must be categorized into one or more
	124	+	19 positions for which the teacher is qualified to hold, based
	125	+	20 upon legal qualifications and any other qualifications
	126	+	21 established in a district or joint agreement job description,
	127	+	22 on or before the May 10 prior to the school year during which
	128	+	23 the sequence of dismissal is determined. Within each position
	129	+	24 and subject to agreements made by the joint committee on
	130	+	25 honorable dismissals that are authorized by subsection (c) of
	131	+	26 this Section, the school district or joint agreement must
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228	133
229		-	during the preceding school year, then the recall period is
230		-	for the following school term or within 2 calendar years from
231		-	the beginning of the following school term. If the board or
232		-	joint agreement has any vacancies within the period from the
233		-	beginning of the following school term through February 1 of
234		-	the following school term (unless a date later than February
235		-	1, but no later than 6 months from the beginning of the
236		-	following school term, is established in a collective
237		-	bargaining agreement), the positions thereby becoming
238		-	available must be tendered to the teachers so removed or
239		-	dismissed who were in grouping 2 of the sequence of dismissal
240		-	due to one "needs improvement" rating on either of the
241		-	teacher's last 2 performance evaluation ratings, provided
242		-	that, if 2 ratings are available, the other performance
243		-	evaluation rating used for grouping purposes is
244		-	"satisfactory", "proficient", or "excellent", and are
245		-	qualified to hold the positions, based upon legal
246		-	qualifications and any other qualifications established in a
247		-	district or joint agreement job description, on or before the
248		-	May 10 prior to the date of the positions becoming available.
249		-	On and after July 1, 2014 (the effective date of Public Act
250		-	98-648), the preceding sentence shall apply to teachers
251		-	removed or dismissed by honorable dismissal, even if notice of
252		-	honorable dismissal occurred during the 2013-2014 school year.
253		-	Among teachers eligible for recall pursuant to the preceding
254		-	sentence, the order of recall must be in inverse order of
255	134
256	135
257		-	dismissal, unless an alternative order of recall is
258		-	established in a collective bargaining agreement or contract
259		-	between the board and a professional faculty members'
260		-	organization. Whenever the number of honorable dismissal
261		-	notices based upon economic necessity exceeds 5 notices or
262		-	150% of the average number of teachers honorably dismissed in
263		-	the preceding 3 years, whichever is more, then the school
264		-	board or governing board of a joint agreement, as applicable,
265		-	shall also hold a public hearing on the question of the
266		-	dismissals. Following the hearing and board review, the action
267		-	to approve any such reduction shall require a majority vote of
268		-	the board members.
269		-	For purposes of this subsection (b), subject to agreement
270		-	on an alternative definition reached by the joint committee
271		-	described in subsection (c) of this Section, a teacher's
272		-	performance evaluation rating means the overall performance
273		-	evaluation rating resulting from an annual or biennial
274		-	performance evaluation conducted pursuant to Article 24A of
275		-	this Code by the school district or joint agreement
276		-	determining the sequence of dismissal, not including any
277		-	performance evaluation conducted during or at the end of a
278		-	remediation period. No more than one evaluation rating each
279		-	school term shall be one of the evaluation ratings used for the
280		-	purpose of determining the sequence of dismissal. Except as
281		-	otherwise provided in this subsection for any performance
282		-	evaluations conducted during or at the end of a remediation
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283	138
284	139
285		-	period, if multiple performance evaluations are conducted in a
286		-	school term, only the rating from the last evaluation
287		-	conducted prior to establishing the sequence of honorable
288		-	dismissal list in such school term shall be the one evaluation
289		-	rating from that school term used for the purpose of
290		-	determining the sequence of dismissal. Averaging ratings from
291		-	multiple evaluations is not permitted unless otherwise agreed
292		-	to in a collective bargaining agreement or contract between
293		-	the board and a professional faculty members' organization.
294		-	The preceding 3 sentences are not a legislative declaration
295		-	that existing law does or does not already require that only
296		-	one performance evaluation each school term shall be used for
297		-	the purpose of determining the sequence of dismissal. For
298		-	performance evaluation ratings determined prior to September
299		-	1, 2012, any school district or joint agreement with a
300		-	performance evaluation rating system that does not use either
301		-	of the rating category systems specified in subsection (d) of
302		-	Section 24A-5 of this Code for all teachers must establish a
303		-	basis for assigning each teacher a rating that complies with
304		-	subsection (d) of Section 24A-5 of this Code for all of the
305		-	performance evaluation ratings that are to be used to
306		-	determine the sequence of dismissal. A teacher's grouping and
307		-	ranking on a sequence of honorable dismissal shall be deemed a
308		-	part of the teacher's performance evaluation, and that
309		-	information shall be disclosed to the exclusive bargaining
310		-	representative as part of a sequence of honorable dismissal
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	142	+	1 establish 4 groupings of teachers qualified to hold the
	143	+	2 position as follows:
	144	+	3 (1) Grouping one shall consist of each teacher who is
	145	+	4 not in contractual continued service and who (i) has not
	146	+	5 received a performance evaluation rating, (ii) is employed
	147	+	6 for one school term or less to replace a teacher on leave,
	148	+	7 or (iii) is employed on a part-time basis. "Part-time
	149	+	8 basis" for the purposes of this subsection (b) means a
	150	+	9 teacher who is employed to teach less than a full-day,
	151	+	10 teacher workload or less than 5 days of the normal student
	152	+	11 attendance week, unless otherwise provided for in a
	153	+	12 collective bargaining agreement between the district and
	154	+	13 the exclusive representative of the district's teachers.
	155	+	14 For the purposes of this Section, a teacher (A) who is
	156	+	15 employed as a full-time teacher but who actually teaches
	157	+	16 or is otherwise present and participating in the
	158	+	17 district's educational program for less than a school term
	159	+	18 or (B) who, in the immediately previous school term, was
	160	+	19 employed on a full-time basis and actually taught or was
	161	+	20 otherwise present and participated in the district's
	162	+	21 educational program for 120 days or more is not considered
	163	+	22 employed on a part-time basis.
	164	+	23 (2) Grouping 2 shall consist of each teacher with a
	165	+	24 Needs Improvement or Unsatisfactory performance evaluation
	166	+	25 rating on either of the teacher's last 2 performance
	167	+	26 evaluation ratings.
311	168
312	169
313		-	list, notwithstanding any laws prohibiting disclosure of such
314		-	information. A performance evaluation rating may be used to
315		-	determine the sequence of dismissal, notwithstanding the
316		-	pendency of any grievance resolution or arbitration procedures
317		-	relating to the performance evaluation. If a teacher has
318		-	received at least one performance evaluation rating conducted
319		-	by the school district or joint agreement determining the
320		-	sequence of dismissal and a subsequent performance evaluation
321		-	is not conducted in any school year in which such evaluation is
322		-	required to be conducted under Section 24A-5 of this Code, the
323		-	teacher's performance evaluation rating for that school year
324		-	for purposes of determining the sequence of dismissal is
325		-	deemed Proficient, except that, during any time in which the
326		-	Governor has declared a disaster due to a public health
327		-	emergency pursuant to Section 7 of the Illinois Emergency
328		-	Management Agency Act, this default to Proficient does not
329		-	apply to any teacher who has entered into contractual
330		-	continued service and who was deemed Excellent on his or her
331		-	most recent evaluation. During any time in which the Governor
332		-	has declared a disaster due to a public health emergency
333		-	pursuant to Section 7 of the Illinois Emergency Management
334		-	Agency Act and unless the school board and any exclusive
335		-	bargaining representative have completed the performance
336		-	rating for teachers or have mutually agreed to an alternate
337		-	performance rating, any teacher who has entered into
338		-	contractual continued service, whose most recent evaluation
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340	171
341		-	was deemed Excellent, and whose performance evaluation is not
342		-	conducted when the evaluation is required to be conducted
343		-	shall receive a teacher's performance rating deemed Excellent.
344		-	A school board and any exclusive bargaining representative may
345		-	mutually agree to an alternate performance rating for teachers
346		-	not in contractual continued service during any time in which
347		-	the Governor has declared a disaster due to a public health
348		-	emergency pursuant to Section 7 of the Illinois Emergency
349		-	Management Agency Act, as long as the agreement is in writing.
350		-	If a performance evaluation rating is nullified as the result
351		-	of an arbitration, administrative agency, or court
352		-	determination, then the school district or joint agreement is
353		-	deemed to have conducted a performance evaluation for that
354		-	school year, but the performance evaluation rating may not be
355		-	used in determining the sequence of dismissal.
356		-	Nothing in this subsection (b) shall be construed as
357		-	limiting the right of a school board or governing board of a
358		-	joint agreement to dismiss a teacher not in contractual
359		-	continued service in accordance with Section 24-11 of this
360		-	Code.
361		-	Any provisions regarding the sequence of honorable
362		-	dismissals and recall of honorably dismissed teachers in a
363		-	collective bargaining agreement entered into on or before
364		-	January 1, 2011 and in effect on June 13, 2011 (the effective
365		-	date of Public Act 97-8) that may conflict with Public Act 97-8
366		-	shall remain in effect through the expiration of such
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368	175
369		-	agreement or June 30, 2013, whichever is earlier.
370		-	(c) Each school district and special education joint
371		-	agreement must use a joint committee composed of equal
372		-	representation selected by the school board and its teachers
373		-	or, if applicable, the exclusive bargaining representative of
374		-	its teachers, to address the matters described in paragraphs
375		-	(1) through (5) of this subsection (c) pertaining to honorable
376		-	dismissals under subsection (b) of this Section.
377		-	(1) The joint committee must consider and may agree to
378		-	criteria for excluding from grouping 2 and placing into
379		-	grouping 3 a teacher whose last 2 performance evaluations
380		-	include a Needs Improvement and either a Proficient or
381		-	Excellent.
382		-	(2) The joint committee must consider and may agree to
383		-	an alternative definition for grouping 4, which definition
384		-	must take into account prior performance evaluation
385		-	ratings and may take into account other factors that
386		-	relate to the school district's or program's educational
387		-	objectives. An alternative definition for grouping 4 may
388		-	not permit the inclusion of a teacher in the grouping with
389		-	a Needs Improvement or Unsatisfactory performance
390		-	evaluation rating on either of the teacher's last 2
391		-	performance evaluation ratings.
392		-	(3) The joint committee may agree to including within
393		-	the definition of a performance evaluation rating a
394		-	performance evaluation rating administered by a school
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	178	+	1 (3) Grouping 3 shall consist of each teacher with a
	179	+	2 performance evaluation rating of at least Satisfactory or
	180	+	3 Proficient on both of the teacher's last 2 performance
	181	+	4 evaluation ratings, if 2 ratings are available, or on the
	182	+	5 teacher's last performance evaluation rating, if only one
	183	+	6 rating is available, unless the teacher qualifies for
	184	+	7 placement into grouping 4.
	185	+	8 (4) Grouping 4 shall consist of each teacher whose
	186	+	9 last 2 performance evaluation ratings are Excellent and
	187	+	10 each teacher with 2 Excellent performance evaluation
	188	+	11 ratings out of the teacher's last 3 performance evaluation
	189	+	12 ratings with a third rating of Satisfactory or Proficient.
	190	+	13 Among teachers qualified to hold a position, teachers must
	191	+	14 be dismissed in the order of their groupings, with teachers in
	192	+	15 grouping one dismissed first and teachers in grouping 4
	193	+	16 dismissed last.
	194	+	17 Within grouping one, the sequence of dismissal must be at
	195	+	18 the discretion of the school district or joint agreement.
	196	+	19 Within grouping 2, the sequence of dismissal must be based
	197	+	20 upon average performance evaluation ratings, with the teacher
	198	+	21 or teachers with the lowest average performance evaluation
	199	+	22 rating dismissed first. A teacher's average performance
	200	+	23 evaluation rating must be calculated using the average of the
	201	+	24 teacher's last 2 performance evaluation ratings, if 2 ratings
	202	+	25 are available, or the teacher's last performance evaluation
	203	+	26 rating, if only one rating is available, using the following
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397		-	district or joint agreement other than the school district
398		-	or joint agreement determining the sequence of dismissal.
399		-	(4) For each school district or joint agreement that
400		-	administers performance evaluation ratings that are
401		-	inconsistent with either of the rating category systems
402		-	specified in subsection (d) of Section 24A-5 of this Code,
403		-	the school district or joint agreement must consult with
404		-	the joint committee on the basis for assigning a rating
405		-	that complies with subsection (d) of Section 24A-5 of this
406		-	Code to each performance evaluation rating that will be
407		-	used in a sequence of dismissal.
408		-	(5) Upon request by a joint committee member submitted
409		-	to the employing board by no later than 10 days after the
410		-	distribution of the sequence of honorable dismissal list,
411		-	a representative of the employing board shall, within 5
412		-	days after the request, provide to members of the joint
413		-	committee a list showing the most recent and prior
414		-	performance evaluation ratings of each teacher identified
415		-	only by length of continuing service in the district or
416		-	joint agreement and not by name. If, after review of this
417		-	list, a member of the joint committee has a good faith
418		-	belief that a disproportionate number of teachers with
419		-	greater length of continuing service with the district or
420		-	joint agreement have received a recent performance
421		-	evaluation rating lower than the prior rating, the member
422		-	may request that the joint committee review the list to
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425		-	assess whether such a trend may exist. Following the joint
426		-	committee's review, but by no later than the end of the
427		-	applicable school term, the joint committee or any member
428		-	or members of the joint committee may submit a report of
429		-	the review to the employing board and exclusive bargaining
430		-	representative, if any. Nothing in this paragraph (5)
431		-	shall impact the order of honorable dismissal or a school
432		-	district's or joint agreement's authority to carry out a
433		-	dismissal in accordance with subsection (b) of this
434		-	Section.
435		-	Agreement by the joint committee as to a matter requires
436		-	the majority vote of all committee members, and if the joint
437		-	committee does not reach agreement on a matter, then the
438		-	otherwise applicable requirements of subsection (b) of this
439		-	Section shall apply. Except as explicitly set forth in this
440		-	subsection (c), a joint committee has no authority to agree to
441		-	any further modifications to the requirements for honorable
442		-	dismissals set forth in subsection (b) of this Section. The
443		-	joint committee must be established, and the first meeting of
444		-	the joint committee each school year must occur on or before
445		-	December 1.
446		-	The joint committee must reach agreement on a matter on or
447		-	before February 1 of a school year in order for the agreement
448		-	of the joint committee to apply to the sequence of dismissal
449		-	determined during that school year. Subject to the February 1
450		-	deadline for agreements, the agreement of a joint committee on
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452	211
453		-	a matter shall apply to the sequence of dismissal until the
454		-	agreement is amended or terminated by the joint committee.
455		-	The provisions of the Open Meetings Act shall not apply to
456		-	meetings of a joint committee created under this subsection
457		-	(c).
458		-	(d) Notwithstanding anything to the contrary in this
459		-	subsection (d), the requirements and dismissal procedures of
460		-	Section 24-16.5 of this Code shall apply to any dismissal
461		-	sought under Section 24-16.5 of this Code.
462		-	(1) If a dismissal of a teacher in contractual
463		-	continued service is sought for any reason or cause other
464		-	than an honorable dismissal under subsections (a) or (b)
465		-	of this Section or a dismissal sought under Section
466		-	24-16.5 of this Code, including those under Section
467		-	10-22.4, the board must first approve a motion containing
468		-	specific charges by a majority vote of all its members.
469		-	Written notice of such charges, including a bill of
470		-	particulars and the teacher's right to request a hearing,
471		-	must be mailed to the teacher and also given to the teacher
472		-	either by electronic mail, certified mail, return receipt
473		-	requested, or personal delivery with receipt within 5 days
474		-	of the adoption of the motion. Any written notice sent on
475		-	or after July 1, 2012 shall inform the teacher of the right
476		-	to request a hearing before a mutually selected hearing
477		-	officer, with the cost of the hearing officer split
478		-	equally between the teacher and the board, or a hearing
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	214	+	1 numerical values: 4 for Excellent; 3 for Proficient or
	215	+	2 Satisfactory; 2 for Needs Improvement; and 1 for
	216	+	3 Unsatisfactory. As between or among teachers in grouping 2
	217	+	4 with the same average performance evaluation rating and within
	218	+	5 each of groupings 3 and 4, the teacher or teachers with the
	219	+	6 shorter length of continuing service with the school district
	220	+	7 or joint agreement must be dismissed first unless an
	221	+	8 alternative method of determining the sequence of dismissal is
	222	+	9 established in a collective bargaining agreement or contract
	223	+	10 between the board and a professional faculty members'
	224	+	11 organization.
	225	+	12 Each board, including the governing board of a joint
	226	+	13 agreement, shall, in consultation with any exclusive employee
	227	+	14 representatives, each year establish a sequence of honorable
	228	+	15 dismissal list categorized by positions and the groupings
	229	+	16 defined in this subsection (b). Copies of the list showing
	230	+	17 each teacher by name, along with the race or ethnicity of the
	231	+	18 teacher if provided by the teacher, and categorized by
	232	+	19 positions and the groupings defined in this subsection (b)
	233	+	20 must be distributed to the exclusive bargaining representative
	234	+	21 at least 75 days before the end of the school term, provided
	235	+	22 that the school district or joint agreement may, with notice
	236	+	23 to any exclusive employee representatives, move teachers from
	237	+	24 grouping one into another grouping during the period of time
	238	+	25 from 75 days until 45 days before the end of the school term.
	239	+	26 Each year, each board shall also establish, in consultation
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480	241
481		-	before a board-selected hearing officer, with the cost of
482		-	the hearing officer paid by the board.
483		-	Before setting a hearing on charges stemming from
484		-	causes that are considered remediable, a board must give
485		-	the teacher reasonable warning in writing, stating
486		-	specifically the causes that, if not removed, may result
487		-	in charges; however, no such written warning is required
488		-	if the causes have been the subject of a remediation plan
489		-	pursuant to Article 24A of this Code.
490		-	If, in the opinion of the board, the interests of the
491		-	school require it, the board may suspend the teacher
492		-	without pay, pending the hearing, but if the board's
493		-	dismissal or removal is not sustained, the teacher shall
494		-	not suffer the loss of any salary or benefits by reason of
495		-	the suspension.
496		-	(2) No hearing upon the charges is required unless the
497		-	teacher within 17 days after receiving notice requests in
498		-	writing of the board that a hearing be scheduled before a
499		-	mutually selected hearing officer or a hearing officer
500		-	selected by the board. The secretary of the school board
501		-	shall forward a copy of the notice to the State Board of
502		-	Education.
503		-	(3) Within 5 business days after receiving a notice of
504		-	hearing in which either notice to the teacher was sent
505		-	before July 1, 2012 or, if the notice was sent on or after
506		-	July 1, 2012, the teacher has requested a hearing before a
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508	243
509		-	mutually selected hearing officer, the State Board of
510		-	Education shall provide a list of 5 prospective, impartial
511		-	hearing officers from the master list of qualified,
512		-	impartial hearing officers maintained by the State Board
513		-	of Education. Each person on the master list must (i) be
514		-	accredited by a national arbitration organization and have
515		-	had a minimum of 5 years of experience directly related to
516		-	labor and employment relations matters between employers
517		-	and employees or their exclusive bargaining
518		-	representatives and (ii) beginning September 1, 2012, have
519		-	participated in training provided or approved by the State
520		-	Board of Education for teacher dismissal hearing officers
521		-	so that he or she is familiar with issues generally
522		-	involved in evaluative and non-evaluative dismissals.
523		-	If notice to the teacher was sent before July 1, 2012
524		-	or, if the notice was sent on or after July 1, 2012, the
525		-	teacher has requested a hearing before a mutually selected
526		-	hearing officer, the board and the teacher or their legal
527		-	representatives within 3 business days shall alternately
528		-	strike one name from the list provided by the State Board
529		-	of Education until only one name remains. Unless waived by
530		-	the teacher, the teacher shall have the right to proceed
531		-	first with the striking. Within 3 business days of receipt
532		-	of the list provided by the State Board of Education, the
533		-	board and the teacher or their legal representatives shall
534		-	each have the right to reject all prospective hearing
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535	246
536	247
537		-	officers named on the list and notify the State Board of
538		-	Education of such rejection. Within 3 business days after
539		-	receiving this notification, the State Board of Education
540		-	shall appoint a qualified person from the master list who
541		-	did not appear on the list sent to the parties to serve as
542		-	the hearing officer, unless the parties notify it that
543		-	they have chosen to alternatively select a hearing officer
544		-	under paragraph (4) of this subsection (d).
545		-	If the teacher has requested a hearing before a
546		-	hearing officer selected by the board, the board shall
547		-	select one name from the master list of qualified
548		-	impartial hearing officers maintained by the State Board
549		-	of Education within 3 business days after receipt and
550		-	shall notify the State Board of Education of its
551		-	selection.
552		-	A hearing officer mutually selected by the parties,
553		-	selected by the board, or selected through an alternative
554		-	selection process under paragraph (4) of this subsection
555		-	(d) (A) must not be a resident of the school district, (B)
556		-	must be available to commence the hearing within 75 days
557		-	and conclude the hearing within 120 days after being
558		-	selected as the hearing officer, and (C) must issue a
559		-	decision as to whether the teacher must be dismissed and
560		-	give a copy of that decision to both the teacher and the
561		-	board within 30 days from the conclusion of the hearing or
562		-	closure of the record, whichever is later.
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	250	+	1 with any exclusive employee representatives, a list showing
	251	+	2 the length of continuing service of each teacher who is
	252	+	3 qualified to hold any such positions, unless an alternative
	253	+	4 method of determining a sequence of dismissal is established
	254	+	5 as provided for in this Section, in which case a list must be
	255	+	6 made in accordance with the alternative method. Copies of the
	256	+	7 list must be distributed to the exclusive employee
	257	+	8 representative at least 75 days before the end of the school
	258	+	9 term.
	259	+	10 Any teacher dismissed as a result of such decrease or
	260	+	11 discontinuance must be paid all earned compensation on or
	261	+	12 before the third business day following the last day of pupil
	262	+	13 attendance in the regular school term.
	263	+	14 If the board or joint agreement has any vacancies for the
	264	+	15 following school term or within one calendar year from the
	265	+	16 beginning of the following school term, the positions thereby
	266	+	17 becoming available must be tendered to the teachers so removed
	267	+	18 or dismissed who were in grouping 3 or 4 of the sequence of
	268	+	19 dismissal and are qualified to hold the positions, based upon
	269	+	20 legal qualifications and any other qualifications established
	270	+	21 in a district or joint agreement job description, on or before
	271	+	22 the May 10 prior to the date of the positions becoming
	272	+	23 available, provided that if the number of honorable dismissal
	273	+	24 notices based on economic necessity exceeds 15% of the number
	274	+	25 of full-time equivalent positions filled by certified
	275	+	26 employees (excluding principals and administrative personnel)
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564	277
565		-	Any hearing convened during a public health emergency
566		-	pursuant to Section 7 of the Illinois Emergency Management
567		-	Agency Act may be convened remotely. Any hearing officer
568		-	for a hearing convened during a public health emergency
569		-	pursuant to Section 7 of the Illinois Emergency Management
570		-	Agency Act may voluntarily withdraw from the hearing and
571		-	another hearing officer shall be selected or appointed
572		-	pursuant to this Section.
573		-	In this paragraph, "pre-hearing procedures" refers to
574		-	the pre-hearing procedures under Section 51.55 of Title 23
575		-	of the Illinois Administrative Code and "hearing" refers
576		-	to the hearing under Section 51.60 of Title 23 of the
577		-	Illinois Administrative Code. Any teacher who has been
578		-	charged with engaging in acts of corporal punishment,
579		-	physical abuse, grooming, or sexual misconduct and who
580		-	previously paused pre-hearing procedures or a hearing
581		-	pursuant to Public Act 101-643 must proceed with selection
582		-	of a hearing officer or hearing date, or both, within the
583		-	timeframes established by this paragraph (3) and
584		-	paragraphs (4) through (6) of this subsection (d), unless
585		-	the timeframes are mutually waived in writing by both
586		-	parties, and all timelines set forth in this Section in
587		-	cases concerning corporal punishment, physical abuse,
588		-	grooming, or sexual misconduct shall be reset to begin the
589		-	day after the effective date of this amendatory Act of the
590		-	102nd General Assembly. Any teacher charged with engaging
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592	279
593		-	in acts of corporal punishment, physical abuse, grooming,
594		-	or sexual misconduct on or after the effective date of
595		-	this amendatory Act of the 102nd General Assembly may not
596		-	pause pre-hearing procedures or a hearing.
597		-	(4) In the alternative to selecting a hearing officer
598		-	from the list received from the State Board of Education
599		-	or accepting the appointment of a hearing officer by the
600		-	State Board of Education or if the State Board of
601		-	Education cannot provide a list or appoint a hearing
602		-	officer that meets the foregoing requirements, the board
603		-	and the teacher or their legal representatives may
604		-	mutually agree to select an impartial hearing officer who
605		-	is not on the master list either by direct appointment by
606		-	the parties or by using procedures for the appointment of
607		-	an arbitrator established by the Federal Mediation and
608		-	Conciliation Service or the American Arbitration
609		-	Association. The parties shall notify the State Board of
610		-	Education of their intent to select a hearing officer
611		-	using an alternative procedure within 3 business days of
612		-	receipt of a list of prospective hearing officers provided
613		-	by the State Board of Education, notice of appointment of
614		-	a hearing officer by the State Board of Education, or
615		-	receipt of notice from the State Board of Education that
616		-	it cannot provide a list that meets the foregoing
617		-	requirements, whichever is later.
618		-	(5) If the notice of dismissal was sent to the teacher
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620	283
621		-	before July 1, 2012, the fees and costs for the hearing
622		-	officer must be paid by the State Board of Education. If
623		-	the notice of dismissal was sent to the teacher on or after
624		-	July 1, 2012, the hearing officer's fees and costs must be
625		-	paid as follows in this paragraph (5). The fees and
626		-	permissible costs for the hearing officer must be
627		-	determined by the State Board of Education. If the board
628		-	and the teacher or their legal representatives mutually
629		-	agree to select an impartial hearing officer who is not on
630		-	a list received from the State Board of Education, they
631		-	may agree to supplement the fees determined by the State
632		-	Board to the hearing officer, at a rate consistent with
633		-	the hearing officer's published professional fees. If the
634		-	hearing officer is mutually selected by the parties, then
635		-	the board and the teacher or their legal representatives
636		-	shall each pay 50% of the fees and costs and any
637		-	supplemental allowance to which they agree. If the hearing
638		-	officer is selected by the board, then the board shall pay
639		-	100% of the hearing officer's fees and costs. The fees and
640		-	costs must be paid to the hearing officer within 14 days
641		-	after the board and the teacher or their legal
642		-	representatives receive the hearing officer's decision set
643		-	forth in paragraph (7) of this subsection (d).
644		-	(6) The teacher is required to answer the bill of
645		-	particulars and aver affirmative matters in his or her
646		-	defense, and the time for initially doing so and the time
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	286	+	1 during the preceding school year, then the recall period is
	287	+	2 for the following school term or within 2 calendar years from
	288	+	3 the beginning of the following school term. If the board or
	289	+	4 joint agreement has any vacancies within the period from the
	290	+	5 beginning of the following school term through February 1 of
	291	+	6 the following school term (unless a date later than February
	292	+	7 1, but no later than 6 months from the beginning of the
	293	+	8 following school term, is established in a collective
	294	+	9 bargaining agreement), the positions thereby becoming
	295	+	10 available must be tendered to the teachers so removed or
	296	+	11 dismissed who were in grouping 2 of the sequence of dismissal
	297	+	12 due to one "needs improvement" rating on either of the
	298	+	13 teacher's last 2 performance evaluation ratings, provided
	299	+	14 that, if 2 ratings are available, the other performance
	300	+	15 evaluation rating used for grouping purposes is
	301	+	16 "satisfactory", "proficient", or "excellent", and are
	302	+	17 qualified to hold the positions, based upon legal
	303	+	18 qualifications and any other qualifications established in a
	304	+	19 district or joint agreement job description, on or before the
	305	+	20 May 10 prior to the date of the positions becoming available.
	306	+	21 On and after July 1, 2014 (the effective date of Public Act
	307	+	22 98-648), the preceding sentence shall apply to teachers
	308	+	23 removed or dismissed by honorable dismissal, even if notice of
	309	+	24 honorable dismissal occurred during the 2013-2014 school year.
	310	+	25 Among teachers eligible for recall pursuant to the preceding
	311	+	26 sentence, the order of recall must be in inverse order of
647	312
648	313
649		-	for updating such answer and defenses after pre-hearing
650		-	discovery must be set by the hearing officer. The State
651		-	Board of Education shall promulgate rules so that each
652		-	party has a fair opportunity to present its case and to
653		-	ensure that the dismissal process proceeds in a fair and
654		-	expeditious manner. These rules shall address, without
655		-	limitation, discovery and hearing scheduling conferences;
656		-	the teacher's initial answer and affirmative defenses to
657		-	the bill of particulars and the updating of that
658		-	information after pre-hearing discovery; provision for
659		-	written interrogatories and requests for production of
660		-	documents; the requirement that each party initially
661		-	disclose to the other party and then update the disclosure
662		-	no later than 10 calendar days prior to the commencement
663		-	of the hearing, the names and addresses of persons who may
664		-	be called as witnesses at the hearing, a summary of the
665		-	facts or opinions each witness will testify to, and all
666		-	other documents and materials, including information
667		-	maintained electronically, relevant to its own as well as
668		-	the other party's case (the hearing officer may exclude
669		-	witnesses and exhibits not identified and shared, except
670		-	those offered in rebuttal for which the party could not
671		-	reasonably have anticipated prior to the hearing);
672		-	pre-hearing discovery and preparation, including provision
673		-	for written interrogatories and requests for production of
674		-	documents, provided that discovery depositions are
675	314
676	315
677		-	prohibited; the conduct of the hearing; the right of each
678		-	party to be represented by counsel, the offer of evidence
679		-	and witnesses and the cross-examination of witnesses; the
680		-	authority of the hearing officer to issue subpoenas and
681		-	subpoenas duces tecum, provided that the hearing officer
682		-	may limit the number of witnesses to be subpoenaed on
683		-	behalf of each party to no more than 7; the length of
684		-	post-hearing briefs; and the form, length, and content of
685		-	hearing officers' decisions. The hearing officer shall
686		-	hold a hearing and render a final decision for dismissal
687		-	pursuant to Article 24A of this Code or shall report to the
688		-	school board findings of fact and a recommendation as to
689		-	whether or not the teacher must be dismissed for conduct.
690		-	The hearing officer shall commence the hearing within 75
691		-	days and conclude the hearing within 120 days after being
692		-	selected as the hearing officer, provided that the hearing
693		-	officer may modify these timelines upon the showing of
694		-	good cause or mutual agreement of the parties. Good cause
695		-	for the purpose of this subsection (d) shall mean the
696		-	illness or otherwise unavoidable emergency of the teacher,
697		-	district representative, their legal representatives, the
698		-	hearing officer, or an essential witness as indicated in
699		-	each party's pre-hearing submission. In a dismissal
700		-	hearing pursuant to Article 24A of this Code in which a
701		-	witness is a student or is under the age of 18, the hearing
702		-	officer must make accommodations for the witness, as
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703	318
704	319
705		-	provided under paragraph (6.5) of this subsection. The
706		-	hearing officer shall consider and give weight to all of
707		-	the teacher's evaluations written pursuant to Article 24A
708		-	that are relevant to the issues in the hearing.
709		-	Each party shall have no more than 3 days to present
710		-	its case, unless extended by the hearing officer to enable
711		-	a party to present adequate evidence and testimony,
712		-	including due to the other party's cross-examination of
713		-	the party's witnesses, for good cause or by mutual
714		-	agreement of the parties. The State Board of Education
715		-	shall define in rules the meaning of "day" for such
716		-	purposes. All testimony at the hearing shall be taken
717		-	under oath administered by the hearing officer. The
718		-	hearing officer shall cause a record of the proceedings to
719		-	be kept and shall employ a competent reporter to take
720		-	stenographic or stenotype notes of all the testimony. The
721		-	costs of the reporter's attendance and services at the
722		-	hearing shall be paid by the party or parties who are
723		-	responsible for paying the fees and costs of the hearing
724		-	officer. Either party desiring a transcript of the hearing
725		-	shall pay for the cost thereof. Any post-hearing briefs
726		-	must be submitted by the parties by no later than 21 days
727		-	after a party's receipt of the transcript of the hearing,
728		-	unless extended by the hearing officer for good cause or
729		-	by mutual agreement of the parties.
730		-	(6.5) In the case of charges involving sexual abuse or
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	321	+	SB2218 Enrolled - 10 - LRB103 25407 RJT 51754 b
	322	+	1 dismissal, unless an alternative order of recall is
	323	+	2 established in a collective bargaining agreement or contract
	324	+	3 between the board and a professional faculty members'
	325	+	4 organization. Whenever the number of honorable dismissal
	326	+	5 notices based upon economic necessity exceeds 5 notices or
	327	+	6 150% of the average number of teachers honorably dismissed in
	328	+	7 the preceding 3 years, whichever is more, then the school
	329	+	8 board or governing board of a joint agreement, as applicable,
	330	+	9 shall also hold a public hearing on the question of the
	331	+	10 dismissals. Following the hearing and board review, the action
	332	+	11 to approve any such reduction shall require a majority vote of
	333	+	12 the board members.
	334	+	13 For purposes of this subsection (b), subject to agreement
	335	+	14 on an alternative definition reached by the joint committee
	336	+	15 described in subsection (c) of this Section, a teacher's
	337	+	16 performance evaluation rating means the overall performance
	338	+	17 evaluation rating resulting from an annual or biennial
	339	+	18 performance evaluation conducted pursuant to Article 24A of
	340	+	19 this Code by the school district or joint agreement
	341	+	20 determining the sequence of dismissal, not including any
	342	+	21 performance evaluation conducted during or at the end of a
	343	+	22 remediation period. No more than one evaluation rating each
	344	+	23 school term shall be one of the evaluation ratings used for the
	345	+	24 purpose of determining the sequence of dismissal. Except as
	346	+	25 otherwise provided in this subsection for any performance
	347	+	26 evaluations conducted during or at the end of a remediation
731	348
732	349
733		-	severe physical abuse of a student or a person under the
734		-	age of 18, the hearing officer shall make alternative
735		-	hearing procedures to protect a witness who is a student
736		-	or who is under the age of 18 from being intimidated or
737		-	traumatized. Alternative hearing procedures may include,
738		-	but are not limited to: (i) testimony made via a
739		-	telecommunication device in a location other than the
740		-	hearing room and outside the physical presence of the
741		-	teacher and other hearing participants, (ii) testimony
742		-	outside the physical presence of the teacher, or (iii)
743		-	non-public testimony. During a testimony described under
744		-	this subsection, each party must be permitted to ask a
745		-	witness who is a student or who is under 18 years of age
746		-	all relevant questions and follow-up questions. All
747		-	questions must exclude evidence of the witness' sexual
748		-	behavior or predisposition, unless the evidence is offered
749		-	to prove that someone other than the teacher subject to
750		-	the dismissal hearing engaged in the charge at issue.
751		-	(7) The hearing officer shall, within 30 days from the
752		-	conclusion of the hearing or closure of the record,
753		-	whichever is later, make a decision as to whether or not
754		-	the teacher shall be dismissed pursuant to Article 24A of
755		-	this Code or report to the school board findings of fact
756		-	and a recommendation as to whether or not the teacher
757		-	shall be dismissed for cause and shall give a copy of the
758		-	decision or findings of fact and recommendation to both
759	350
760	351
761		-	the teacher and the school board. If a hearing officer
762		-	fails without good cause, specifically provided in writing
763		-	to both parties and the State Board of Education, to
764		-	render a decision or findings of fact and recommendation
765		-	within 30 days after the hearing is concluded or the
766		-	record is closed, whichever is later, the parties may
767		-	mutually agree to select a hearing officer pursuant to the
768		-	alternative procedure, as provided in this Section, to
769		-	rehear the charges heard by the hearing officer who failed
770		-	to render a decision or findings of fact and
771		-	recommendation or to review the record and render a
772		-	decision. If any hearing officer fails without good cause,
773		-	specifically provided in writing to both parties and the
774		-	State Board of Education, to render a decision or findings
775		-	of fact and recommendation within 30 days after the
776		-	hearing is concluded or the record is closed, whichever is
777		-	later, the hearing officer shall be removed from the
778		-	master list of hearing officers maintained by the State
779		-	Board of Education for not more than 24 months. The
780		-	parties and the State Board of Education may also take
781		-	such other actions as it deems appropriate, including
782		-	recovering, reducing, or withholding any fees paid or to
783		-	be paid to the hearing officer. If any hearing officer
784		-	repeats such failure, he or she must be permanently
785		-	removed from the master list maintained by the State Board
786		-	of Education and may not be selected by parties through
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787	354
788	355
789		-	the alternative selection process under this paragraph (7)
790		-	or paragraph (4) of this subsection (d). The board shall
791		-	not lose jurisdiction to discharge a teacher if the
792		-	hearing officer fails to render a decision or findings of
793		-	fact and recommendation within the time specified in this
794		-	Section. If the decision of the hearing officer for
795		-	dismissal pursuant to Article 24A of this Code or of the
796		-	school board for dismissal for cause is in favor of the
797		-	teacher, then the hearing officer or school board shall
798		-	order reinstatement to the same or substantially
799		-	equivalent position and shall determine the amount for
800		-	which the school board is liable, including, but not
801		-	limited to, loss of income and benefits.
802		-	(8) The school board, within 45 days after receipt of
803		-	the hearing officer's findings of fact and recommendation
804		-	as to whether (i) the conduct at issue occurred, (ii) the
805		-	conduct that did occur was remediable, and (iii) the
806		-	proposed dismissal should be sustained, shall issue a
807		-	written order as to whether the teacher must be retained
808		-	or dismissed for cause from its employ. The school board's
809		-	written order shall incorporate the hearing officer's
810		-	findings of fact, except that the school board may modify
811		-	or supplement the findings of fact if, in its opinion, the
812		-	findings of fact are against the manifest weight of the
813		-	evidence.
814		-	If the school board dismisses the teacher
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	357	+	SB2218 Enrolled - 11 - LRB103 25407 RJT 51754 b
	358	+	1 period, if multiple performance evaluations are conducted in a
	359	+	2 school term, only the rating from the last evaluation
	360	+	3 conducted prior to establishing the sequence of honorable
	361	+	4 dismissal list in such school term shall be the one evaluation
	362	+	5 rating from that school term used for the purpose of
	363	+	6 determining the sequence of dismissal. Averaging ratings from
	364	+	7 multiple evaluations is not permitted unless otherwise agreed
	365	+	8 to in a collective bargaining agreement or contract between
	366	+	9 the board and a professional faculty members' organization.
	367	+	10 The preceding 3 sentences are not a legislative declaration
	368	+	11 that existing law does or does not already require that only
	369	+	12 one performance evaluation each school term shall be used for
	370	+	13 the purpose of determining the sequence of dismissal. For
	371	+	14 performance evaluation ratings determined prior to September
	372	+	15 1, 2012, any school district or joint agreement with a
	373	+	16 performance evaluation rating system that does not use either
	374	+	17 of the rating category systems specified in subsection (d) of
	375	+	18 Section 24A-5 of this Code for all teachers must establish a
	376	+	19 basis for assigning each teacher a rating that complies with
	377	+	20 subsection (d) of Section 24A-5 of this Code for all of the
	378	+	21 performance evaluation ratings that are to be used to
	379	+	22 determine the sequence of dismissal. A teacher's grouping and
	380	+	23 ranking on a sequence of honorable dismissal shall be deemed a
	381	+	24 part of the teacher's performance evaluation, and that
	382	+	25 information shall be disclosed to the exclusive bargaining
	383	+	26 representative as part of a sequence of honorable dismissal
815	384
816	385
817		-	notwithstanding the hearing officer's findings of fact and
818		-	recommendation, the school board shall make a conclusion
819		-	in its written order, giving its reasons therefor, and
820		-	such conclusion and reasons must be included in its
821		-	written order. The failure of the school board to strictly
822		-	adhere to the timelines contained in this Section shall
823		-	not render it without jurisdiction to dismiss the teacher.
824		-	The school board shall not lose jurisdiction to discharge
825		-	the teacher for cause if the hearing officer fails to
826		-	render a recommendation within the time specified in this
827		-	Section. The decision of the school board is final, unless
828		-	reviewed as provided in paragraph (9) of this subsection
829		-	(d).
830		-	If the school board retains the teacher, the school
831		-	board shall enter a written order stating the amount of
832		-	back pay and lost benefits, less mitigation, to be paid to
833		-	the teacher, within 45 days after its retention order.
834		-	Should the teacher object to the amount of the back pay and
835		-	lost benefits or amount mitigated, the teacher shall give
836		-	written objections to the amount within 21 days. If the
837		-	parties fail to reach resolution within 7 days, the
838		-	dispute shall be referred to the hearing officer, who
839		-	shall consider the school board's written order and
840		-	teacher's written objection and determine the amount to
841		-	which the school board is liable. The costs of the hearing
842		-	officer's review and determination must be paid by the
843	386
844	387
845		-	board.
846		-	(9) The decision of the hearing officer pursuant to
847		-	Article 24A of this Code or of the school board's decision
848		-	to dismiss for cause is final unless reviewed as provided
849		-	in Section 24-16 of this Code. If the school board's
850		-	decision to dismiss for cause is contrary to the hearing
851		-	officer's recommendation, the court on review shall give
852		-	consideration to the school board's decision and its
853		-	supplemental findings of fact, if applicable, and the
854		-	hearing officer's findings of fact and recommendation in
855		-	making its decision. In the event such review is
856		-	instituted, the school board shall be responsible for
857		-	preparing and filing the record of proceedings, and such
858		-	costs associated therewith must be divided equally between
859		-	the parties.
860		-	(10) If a decision of the hearing officer for
861		-	dismissal pursuant to Article 24A of this Code or of the
862		-	school board for dismissal for cause is adjudicated upon
863		-	review or appeal in favor of the teacher, then the trial
864		-	court shall order reinstatement and shall remand the
865		-	matter to the school board with direction for entry of an
866		-	order setting the amount of back pay, lost benefits, and
867		-	costs, less mitigation. The teacher may challenge the
868		-	school board's order setting the amount of back pay, lost
869		-	benefits, and costs, less mitigation, through an expedited
870		-	arbitration procedure, with the costs of the arbitrator
	388	+
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871	390
872	391
873		-	borne by the school board.
874		-	Any teacher who is reinstated by any hearing or
875		-	adjudication brought under this Section shall be assigned
876		-	by the board to a position substantially similar to the
877		-	one which that teacher held prior to that teacher's
878		-	suspension or dismissal.
879		-	(11) Subject to any later effective date referenced in
880		-	this Section for a specific aspect of the dismissal
881		-	process, the changes made by Public Act 97-8 shall apply
882		-	to dismissals instituted on or after September 1, 2011.
883		-	Any dismissal instituted prior to September 1, 2011 must
884		-	be carried out in accordance with the requirements of this
885		-	Section prior to amendment by Public Act 97-8.
886		-	(e) Nothing contained in Public Act 98-648 repeals,
887		-	supersedes, invalidates, or nullifies final decisions in
888		-	lawsuits pending on July 1, 2014 (the effective date of Public
889		-	Act 98-648) in Illinois courts involving the interpretation of
890		-	Public Act 97-8.
891		-	(Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
892		-	101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
893		-	Section 99. Effective date. This Act takes effect January
894		-	1, 2024.
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	393	+	SB2218 Enrolled - 12 - LRB103 25407 RJT 51754 b
	394	+	1 list, notwithstanding any laws prohibiting disclosure of such
	395	+	2 information. A performance evaluation rating may be used to
	396	+	3 determine the sequence of dismissal, notwithstanding the
	397	+	4 pendency of any grievance resolution or arbitration procedures
	398	+	5 relating to the performance evaluation. If a teacher has
	399	+	6 received at least one performance evaluation rating conducted
	400	+	7 by the school district or joint agreement determining the
	401	+	8 sequence of dismissal and a subsequent performance evaluation
	402	+	9 is not conducted in any school year in which such evaluation is
	403	+	10 required to be conducted under Section 24A-5 of this Code, the
	404	+	11 teacher's performance evaluation rating for that school year
	405	+	12 for purposes of determining the sequence of dismissal is
	406	+	13 deemed Proficient, except that, during any time in which the
	407	+	14 Governor has declared a disaster due to a public health
	408	+	15 emergency pursuant to Section 7 of the Illinois Emergency
	409	+	16 Management Agency Act, this default to Proficient does not
	410	+	17 apply to any teacher who has entered into contractual
	411	+	18 continued service and who was deemed Excellent on his or her
	412	+	19 most recent evaluation. During any time in which the Governor
	413	+	20 has declared a disaster due to a public health emergency
	414	+	21 pursuant to Section 7 of the Illinois Emergency Management
	415	+	22 Agency Act and unless the school board and any exclusive
	416	+	23 bargaining representative have completed the performance
	417	+	24 rating for teachers or have mutually agreed to an alternate
	418	+	25 performance rating, any teacher who has entered into
	419	+	26 contractual continued service, whose most recent evaluation
	420	+
	421	+
	422	+
	423	+
	424	+
	425	+	SB2218 Enrolled - 12 - LRB103 25407 RJT 51754 b
	426	+
	427	+
	428	+	SB2218 Enrolled- 13 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 13 - LRB103 25407 RJT 51754 b
	429	+	SB2218 Enrolled - 13 - LRB103 25407 RJT 51754 b
	430	+	1 was deemed Excellent, and whose performance evaluation is not
	431	+	2 conducted when the evaluation is required to be conducted
	432	+	3 shall receive a teacher's performance rating deemed Excellent.
	433	+	4 A school board and any exclusive bargaining representative may
	434	+	5 mutually agree to an alternate performance rating for teachers
	435	+	6 not in contractual continued service during any time in which
	436	+	7 the Governor has declared a disaster due to a public health
	437	+	8 emergency pursuant to Section 7 of the Illinois Emergency
	438	+	9 Management Agency Act, as long as the agreement is in writing.
	439	+	10 If a performance evaluation rating is nullified as the result
	440	+	11 of an arbitration, administrative agency, or court
	441	+	12 determination, then the school district or joint agreement is
	442	+	13 deemed to have conducted a performance evaluation for that
	443	+	14 school year, but the performance evaluation rating may not be
	444	+	15 used in determining the sequence of dismissal.
	445	+	16 Nothing in this subsection (b) shall be construed as
	446	+	17 limiting the right of a school board or governing board of a
	447	+	18 joint agreement to dismiss a teacher not in contractual
	448	+	19 continued service in accordance with Section 24-11 of this
	449	+	20 Code.
	450	+	21 Any provisions regarding the sequence of honorable
	451	+	22 dismissals and recall of honorably dismissed teachers in a
	452	+	23 collective bargaining agreement entered into on or before
	453	+	24 January 1, 2011 and in effect on June 13, 2011 (the effective
	454	+	25 date of Public Act 97-8) that may conflict with Public Act 97-8
	455	+	26 shall remain in effect through the expiration of such
	456	+
	457	+
	458	+
	459	+
	460	+
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	462	+
	463	+
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	465	+	SB2218 Enrolled - 14 - LRB103 25407 RJT 51754 b
	466	+	1 agreement or June 30, 2013, whichever is earlier.
	467	+	2 (c) Each school district and special education joint
	468	+	3 agreement must use a joint committee composed of equal
	469	+	4 representation selected by the school board and its teachers
	470	+	5 or, if applicable, the exclusive bargaining representative of
	471	+	6 its teachers, to address the matters described in paragraphs
	472	+	7 (1) through (5) of this subsection (c) pertaining to honorable
	473	+	8 dismissals under subsection (b) of this Section.
	474	+	9 (1) The joint committee must consider and may agree to
	475	+	10 criteria for excluding from grouping 2 and placing into
	476	+	11 grouping 3 a teacher whose last 2 performance evaluations
	477	+	12 include a Needs Improvement and either a Proficient or
	478	+	13 Excellent.
	479	+	14 (2) The joint committee must consider and may agree to
	480	+	15 an alternative definition for grouping 4, which definition
	481	+	16 must take into account prior performance evaluation
	482	+	17 ratings and may take into account other factors that
	483	+	18 relate to the school district's or program's educational
	484	+	19 objectives. An alternative definition for grouping 4 may
	485	+	20 not permit the inclusion of a teacher in the grouping with
	486	+	21 a Needs Improvement or Unsatisfactory performance
	487	+	22 evaluation rating on either of the teacher's last 2
	488	+	23 performance evaluation ratings.
	489	+	24 (3) The joint committee may agree to including within
	490	+	25 the definition of a performance evaluation rating a
	491	+	26 performance evaluation rating administered by a school
	492	+
	493	+
	494	+
	495	+
	496	+
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	498	+
	499	+
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	502	+	1 district or joint agreement other than the school district
	503	+	2 or joint agreement determining the sequence of dismissal.
	504	+	3 (4) For each school district or joint agreement that
	505	+	4 administers performance evaluation ratings that are
	506	+	5 inconsistent with either of the rating category systems
	507	+	6 specified in subsection (d) of Section 24A-5 of this Code,
	508	+	7 the school district or joint agreement must consult with
	509	+	8 the joint committee on the basis for assigning a rating
	510	+	9 that complies with subsection (d) of Section 24A-5 of this
	511	+	10 Code to each performance evaluation rating that will be
	512	+	11 used in a sequence of dismissal.
	513	+	12 (5) Upon request by a joint committee member submitted
	514	+	13 to the employing board by no later than 10 days after the
	515	+	14 distribution of the sequence of honorable dismissal list,
	516	+	15 a representative of the employing board shall, within 5
	517	+	16 days after the request, provide to members of the joint
	518	+	17 committee a list showing the most recent and prior
	519	+	18 performance evaluation ratings of each teacher identified
	520	+	19 only by length of continuing service in the district or
	521	+	20 joint agreement and not by name. If, after review of this
	522	+	21 list, a member of the joint committee has a good faith
	523	+	22 belief that a disproportionate number of teachers with
	524	+	23 greater length of continuing service with the district or
	525	+	24 joint agreement have received a recent performance
	526	+	25 evaluation rating lower than the prior rating, the member
	527	+	26 may request that the joint committee review the list to
	528	+
	529	+
	530	+
	531	+
	532	+
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	534	+
	535	+
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	537	+	SB2218 Enrolled - 16 - LRB103 25407 RJT 51754 b
	538	+	1 assess whether such a trend may exist. Following the joint
	539	+	2 committee's review, but by no later than the end of the
	540	+	3 applicable school term, the joint committee or any member
	541	+	4 or members of the joint committee may submit a report of
	542	+	5 the review to the employing board and exclusive bargaining
	543	+	6 representative, if any. Nothing in this paragraph (5)
	544	+	7 shall impact the order of honorable dismissal or a school
	545	+	8 district's or joint agreement's authority to carry out a
	546	+	9 dismissal in accordance with subsection (b) of this
	547	+	10 Section.
	548	+	11 Agreement by the joint committee as to a matter requires
	549	+	12 the majority vote of all committee members, and if the joint
	550	+	13 committee does not reach agreement on a matter, then the
	551	+	14 otherwise applicable requirements of subsection (b) of this
	552	+	15 Section shall apply. Except as explicitly set forth in this
	553	+	16 subsection (c), a joint committee has no authority to agree to
	554	+	17 any further modifications to the requirements for honorable
	555	+	18 dismissals set forth in subsection (b) of this Section. The
	556	+	19 joint committee must be established, and the first meeting of
	557	+	20 the joint committee each school year must occur on or before
	558	+	21 December 1.
	559	+	22 The joint committee must reach agreement on a matter on or
	560	+	23 before February 1 of a school year in order for the agreement
	561	+	24 of the joint committee to apply to the sequence of dismissal
	562	+	25 determined during that school year. Subject to the February 1
	563	+	26 deadline for agreements, the agreement of a joint committee on
	564	+
	565	+
	566	+
	567	+
	568	+
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	570	+
	571	+
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	574	+	1 a matter shall apply to the sequence of dismissal until the
	575	+	2 agreement is amended or terminated by the joint committee.
	576	+	3 The provisions of the Open Meetings Act shall not apply to
	577	+	4 meetings of a joint committee created under this subsection
	578	+	5 (c).
	579	+	6 (d) Notwithstanding anything to the contrary in this
	580	+	7 subsection (d), the requirements and dismissal procedures of
	581	+	8 Section 24-16.5 of this Code shall apply to any dismissal
	582	+	9 sought under Section 24-16.5 of this Code.
	583	+	10 (1) If a dismissal of a teacher in contractual
	584	+	11 continued service is sought for any reason or cause other
	585	+	12 than an honorable dismissal under subsections (a) or (b)
	586	+	13 of this Section or a dismissal sought under Section
	587	+	14 24-16.5 of this Code, including those under Section
	588	+	15 10-22.4, the board must first approve a motion containing
	589	+	16 specific charges by a majority vote of all its members.
	590	+	17 Written notice of such charges, including a bill of
	591	+	18 particulars and the teacher's right to request a hearing,
	592	+	19 must be mailed to the teacher and also given to the teacher
	593	+	20 either by electronic mail, certified mail, return receipt
	594	+	21 requested, or personal delivery with receipt within 5 days
	595	+	22 of the adoption of the motion. Any written notice sent on
	596	+	23 or after July 1, 2012 shall inform the teacher of the right
	597	+	24 to request a hearing before a mutually selected hearing
	598	+	25 officer, with the cost of the hearing officer split
	599	+	26 equally between the teacher and the board, or a hearing
	600	+
	601	+
	602	+
	603	+
	604	+
	605	+	SB2218 Enrolled - 17 - LRB103 25407 RJT 51754 b
	606	+
	607	+
	608	+	SB2218 Enrolled- 18 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 18 - LRB103 25407 RJT 51754 b
	609	+	SB2218 Enrolled - 18 - LRB103 25407 RJT 51754 b
	610	+	1 before a board-selected hearing officer, with the cost of
	611	+	2 the hearing officer paid by the board.
	612	+	3 Before setting a hearing on charges stemming from
	613	+	4 causes that are considered remediable, a board must give
	614	+	5 the teacher reasonable warning in writing, stating
	615	+	6 specifically the causes that, if not removed, may result
	616	+	7 in charges; however, no such written warning is required
	617	+	8 if the causes have been the subject of a remediation plan
	618	+	9 pursuant to Article 24A of this Code.
	619	+	10 If, in the opinion of the board, the interests of the
	620	+	11 school require it, the board may suspend the teacher
	621	+	12 without pay, pending the hearing, but if the board's
	622	+	13 dismissal or removal is not sustained, the teacher shall
	623	+	14 not suffer the loss of any salary or benefits by reason of
	624	+	15 the suspension.
	625	+	16 (2) No hearing upon the charges is required unless the
	626	+	17 teacher within 17 days after receiving notice requests in
	627	+	18 writing of the board that a hearing be scheduled before a
	628	+	19 mutually selected hearing officer or a hearing officer
	629	+	20 selected by the board. The secretary of the school board
	630	+	21 shall forward a copy of the notice to the State Board of
	631	+	22 Education.
	632	+	23 (3) Within 5 business days after receiving a notice of
	633	+	24 hearing in which either notice to the teacher was sent
	634	+	25 before July 1, 2012 or, if the notice was sent on or after
	635	+	26 July 1, 2012, the teacher has requested a hearing before a
	636	+
	637	+
	638	+
	639	+
	640	+
	641	+	SB2218 Enrolled - 18 - LRB103 25407 RJT 51754 b
	642	+
	643	+
	644	+	SB2218 Enrolled- 19 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 19 - LRB103 25407 RJT 51754 b
	645	+	SB2218 Enrolled - 19 - LRB103 25407 RJT 51754 b
	646	+	1 mutually selected hearing officer, the State Board of
	647	+	2 Education shall provide a list of 5 prospective, impartial
	648	+	3 hearing officers from the master list of qualified,
	649	+	4 impartial hearing officers maintained by the State Board
	650	+	5 of Education. Each person on the master list must (i) be
	651	+	6 accredited by a national arbitration organization and have
	652	+	7 had a minimum of 5 years of experience directly related to
	653	+	8 labor and employment relations matters between employers
	654	+	9 and employees or their exclusive bargaining
	655	+	10 representatives and (ii) beginning September 1, 2012, have
	656	+	11 participated in training provided or approved by the State
	657	+	12 Board of Education for teacher dismissal hearing officers
	658	+	13 so that he or she is familiar with issues generally
	659	+	14 involved in evaluative and non-evaluative dismissals.
	660	+	15 If notice to the teacher was sent before July 1, 2012
	661	+	16 or, if the notice was sent on or after July 1, 2012, the
	662	+	17 teacher has requested a hearing before a mutually selected
	663	+	18 hearing officer, the board and the teacher or their legal
	664	+	19 representatives within 3 business days shall alternately
	665	+	20 strike one name from the list provided by the State Board
	666	+	21 of Education until only one name remains. Unless waived by
	667	+	22 the teacher, the teacher shall have the right to proceed
	668	+	23 first with the striking. Within 3 business days of receipt
	669	+	24 of the list provided by the State Board of Education, the
	670	+	25 board and the teacher or their legal representatives shall
	671	+	26 each have the right to reject all prospective hearing
	672	+
	673	+
	674	+
	675	+
	676	+
	677	+	SB2218 Enrolled - 19 - LRB103 25407 RJT 51754 b
	678	+
	679	+
	680	+	SB2218 Enrolled- 20 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 20 - LRB103 25407 RJT 51754 b
	681	+	SB2218 Enrolled - 20 - LRB103 25407 RJT 51754 b
	682	+	1 officers named on the list and notify the State Board of
	683	+	2 Education of such rejection. Within 3 business days after
	684	+	3 receiving this notification, the State Board of Education
	685	+	4 shall appoint a qualified person from the master list who
	686	+	5 did not appear on the list sent to the parties to serve as
	687	+	6 the hearing officer, unless the parties notify it that
	688	+	7 they have chosen to alternatively select a hearing officer
	689	+	8 under paragraph (4) of this subsection (d).
	690	+	9 If the teacher has requested a hearing before a
	691	+	10 hearing officer selected by the board, the board shall
	692	+	11 select one name from the master list of qualified
	693	+	12 impartial hearing officers maintained by the State Board
	694	+	13 of Education within 3 business days after receipt and
	695	+	14 shall notify the State Board of Education of its
	696	+	15 selection.
	697	+	16 A hearing officer mutually selected by the parties,
	698	+	17 selected by the board, or selected through an alternative
	699	+	18 selection process under paragraph (4) of this subsection
	700	+	19 (d) (A) must not be a resident of the school district, (B)
	701	+	20 must be available to commence the hearing within 75 days
	702	+	21 and conclude the hearing within 120 days after being
	703	+	22 selected as the hearing officer, and (C) must issue a
	704	+	23 decision as to whether the teacher must be dismissed and
	705	+	24 give a copy of that decision to both the teacher and the
	706	+	25 board within 30 days from the conclusion of the hearing or
	707	+	26 closure of the record, whichever is later.
	708	+
	709	+
	710	+
	711	+
	712	+
	713	+	SB2218 Enrolled - 20 - LRB103 25407 RJT 51754 b
	714	+
	715	+
	716	+	SB2218 Enrolled- 21 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 21 - LRB103 25407 RJT 51754 b
	717	+	SB2218 Enrolled - 21 - LRB103 25407 RJT 51754 b
	718	+	1 Any hearing convened during a public health emergency
	719	+	2 pursuant to Section 7 of the Illinois Emergency Management
	720	+	3 Agency Act may be convened remotely. Any hearing officer
	721	+	4 for a hearing convened during a public health emergency
	722	+	5 pursuant to Section 7 of the Illinois Emergency Management
	723	+	6 Agency Act may voluntarily withdraw from the hearing and
	724	+	7 another hearing officer shall be selected or appointed
	725	+	8 pursuant to this Section.
	726	+	9 In this paragraph, "pre-hearing procedures" refers to
	727	+	10 the pre-hearing procedures under Section 51.55 of Title 23
	728	+	11 of the Illinois Administrative Code and "hearing" refers
	729	+	12 to the hearing under Section 51.60 of Title 23 of the
	730	+	13 Illinois Administrative Code. Any teacher who has been
	731	+	14 charged with engaging in acts of corporal punishment,
	732	+	15 physical abuse, grooming, or sexual misconduct and who
	733	+	16 previously paused pre-hearing procedures or a hearing
	734	+	17 pursuant to Public Act 101-643 must proceed with selection
	735	+	18 of a hearing officer or hearing date, or both, within the
	736	+	19 timeframes established by this paragraph (3) and
	737	+	20 paragraphs (4) through (6) of this subsection (d), unless
	738	+	21 the timeframes are mutually waived in writing by both
	739	+	22 parties, and all timelines set forth in this Section in
	740	+	23 cases concerning corporal punishment, physical abuse,
	741	+	24 grooming, or sexual misconduct shall be reset to begin the
	742	+	25 day after the effective date of this amendatory Act of the
	743	+	26 102nd General Assembly. Any teacher charged with engaging
	744	+
	745	+
	746	+
	747	+
	748	+
	749	+	SB2218 Enrolled - 21 - LRB103 25407 RJT 51754 b
	750	+
	751	+
	752	+	SB2218 Enrolled- 22 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 22 - LRB103 25407 RJT 51754 b
	753	+	SB2218 Enrolled - 22 - LRB103 25407 RJT 51754 b
	754	+	1 in acts of corporal punishment, physical abuse, grooming,
	755	+	2 or sexual misconduct on or after the effective date of
	756	+	3 this amendatory Act of the 102nd General Assembly may not
	757	+	4 pause pre-hearing procedures or a hearing.
	758	+	5 (4) In the alternative to selecting a hearing officer
	759	+	6 from the list received from the State Board of Education
	760	+	7 or accepting the appointment of a hearing officer by the
	761	+	8 State Board of Education or if the State Board of
	762	+	9 Education cannot provide a list or appoint a hearing
	763	+	10 officer that meets the foregoing requirements, the board
	764	+	11 and the teacher or their legal representatives may
	765	+	12 mutually agree to select an impartial hearing officer who
	766	+	13 is not on the master list either by direct appointment by
	767	+	14 the parties or by using procedures for the appointment of
	768	+	15 an arbitrator established by the Federal Mediation and
	769	+	16 Conciliation Service or the American Arbitration
	770	+	17 Association. The parties shall notify the State Board of
	771	+	18 Education of their intent to select a hearing officer
	772	+	19 using an alternative procedure within 3 business days of
	773	+	20 receipt of a list of prospective hearing officers provided
	774	+	21 by the State Board of Education, notice of appointment of
	775	+	22 a hearing officer by the State Board of Education, or
	776	+	23 receipt of notice from the State Board of Education that
	777	+	24 it cannot provide a list that meets the foregoing
	778	+	25 requirements, whichever is later.
	779	+	26 (5) If the notice of dismissal was sent to the teacher
	780	+
	781	+
	782	+
	783	+
	784	+
	785	+	SB2218 Enrolled - 22 - LRB103 25407 RJT 51754 b
	786	+
	787	+
	788	+	SB2218 Enrolled- 23 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 23 - LRB103 25407 RJT 51754 b
	789	+	SB2218 Enrolled - 23 - LRB103 25407 RJT 51754 b
	790	+	1 before July 1, 2012, the fees and costs for the hearing
	791	+	2 officer must be paid by the State Board of Education. If
	792	+	3 the notice of dismissal was sent to the teacher on or after
	793	+	4 July 1, 2012, the hearing officer's fees and costs must be
	794	+	5 paid as follows in this paragraph (5). The fees and
	795	+	6 permissible costs for the hearing officer must be
	796	+	7 determined by the State Board of Education. If the board
	797	+	8 and the teacher or their legal representatives mutually
	798	+	9 agree to select an impartial hearing officer who is not on
	799	+	10 a list received from the State Board of Education, they
	800	+	11 may agree to supplement the fees determined by the State
	801	+	12 Board to the hearing officer, at a rate consistent with
	802	+	13 the hearing officer's published professional fees. If the
	803	+	14 hearing officer is mutually selected by the parties, then
	804	+	15 the board and the teacher or their legal representatives
	805	+	16 shall each pay 50% of the fees and costs and any
	806	+	17 supplemental allowance to which they agree. If the hearing
	807	+	18 officer is selected by the board, then the board shall pay
	808	+	19 100% of the hearing officer's fees and costs. The fees and
	809	+	20 costs must be paid to the hearing officer within 14 days
	810	+	21 after the board and the teacher or their legal
	811	+	22 representatives receive the hearing officer's decision set
	812	+	23 forth in paragraph (7) of this subsection (d).
	813	+	24 (6) The teacher is required to answer the bill of
	814	+	25 particulars and aver affirmative matters in his or her
	815	+	26 defense, and the time for initially doing so and the time
	816	+
	817	+
	818	+
	819	+
	820	+
	821	+	SB2218 Enrolled - 23 - LRB103 25407 RJT 51754 b
	822	+
	823	+
	824	+	SB2218 Enrolled- 24 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 24 - LRB103 25407 RJT 51754 b
	825	+	SB2218 Enrolled - 24 - LRB103 25407 RJT 51754 b
	826	+	1 for updating such answer and defenses after pre-hearing
	827	+	2 discovery must be set by the hearing officer. The State
	828	+	3 Board of Education shall promulgate rules so that each
	829	+	4 party has a fair opportunity to present its case and to
	830	+	5 ensure that the dismissal process proceeds in a fair and
	831	+	6 expeditious manner. These rules shall address, without
	832	+	7 limitation, discovery and hearing scheduling conferences;
	833	+	8 the teacher's initial answer and affirmative defenses to
	834	+	9 the bill of particulars and the updating of that
	835	+	10 information after pre-hearing discovery; provision for
	836	+	11 written interrogatories and requests for production of
	837	+	12 documents; the requirement that each party initially
	838	+	13 disclose to the other party and then update the disclosure
	839	+	14 no later than 10 calendar days prior to the commencement
	840	+	15 of the hearing, the names and addresses of persons who may
	841	+	16 be called as witnesses at the hearing, a summary of the
	842	+	17 facts or opinions each witness will testify to, and all
	843	+	18 other documents and materials, including information
	844	+	19 maintained electronically, relevant to its own as well as
	845	+	20 the other party's case (the hearing officer may exclude
	846	+	21 witnesses and exhibits not identified and shared, except
	847	+	22 those offered in rebuttal for which the party could not
	848	+	23 reasonably have anticipated prior to the hearing);
	849	+	24 pre-hearing discovery and preparation, including provision
	850	+	25 for written interrogatories and requests for production of
	851	+	26 documents, provided that discovery depositions are
	852	+
	853	+
	854	+
	855	+
	856	+
	857	+	SB2218 Enrolled - 24 - LRB103 25407 RJT 51754 b
	858	+
	859	+
	860	+	SB2218 Enrolled- 25 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 25 - LRB103 25407 RJT 51754 b
	861	+	SB2218 Enrolled - 25 - LRB103 25407 RJT 51754 b
	862	+	1 prohibited; the conduct of the hearing; the right of each
	863	+	2 party to be represented by counsel, the offer of evidence
	864	+	3 and witnesses and the cross-examination of witnesses; the
	865	+	4 authority of the hearing officer to issue subpoenas and
	866	+	5 subpoenas duces tecum, provided that the hearing officer
	867	+	6 may limit the number of witnesses to be subpoenaed on
	868	+	7 behalf of each party to no more than 7; the length of
	869	+	8 post-hearing briefs; and the form, length, and content of
	870	+	9 hearing officers' decisions. The hearing officer shall
	871	+	10 hold a hearing and render a final decision for dismissal
	872	+	11 pursuant to Article 24A of this Code or shall report to the
	873	+	12 school board findings of fact and a recommendation as to
	874	+	13 whether or not the teacher must be dismissed for conduct.
	875	+	14 The hearing officer shall commence the hearing within 75
	876	+	15 days and conclude the hearing within 120 days after being
	877	+	16 selected as the hearing officer, provided that the hearing
	878	+	17 officer may modify these timelines upon the showing of
	879	+	18 good cause or mutual agreement of the parties. Good cause
	880	+	19 for the purpose of this subsection (d) shall mean the
	881	+	20 illness or otherwise unavoidable emergency of the teacher,
	882	+	21 district representative, their legal representatives, the
	883	+	22 hearing officer, or an essential witness as indicated in
	884	+	23 each party's pre-hearing submission. In a dismissal
	885	+	24 hearing pursuant to Article 24A of this Code in which a
	886	+	25 witness is a student or is under the age of 18, the hearing
	887	+	26 officer must make accommodations for the witness, as
	888	+
	889	+
	890	+
	891	+
	892	+
	893	+	SB2218 Enrolled - 25 - LRB103 25407 RJT 51754 b
	894	+
	895	+
	896	+	SB2218 Enrolled- 26 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 26 - LRB103 25407 RJT 51754 b
	897	+	SB2218 Enrolled - 26 - LRB103 25407 RJT 51754 b
	898	+	1 provided under paragraph (6.5) of this subsection. The
	899	+	2 hearing officer shall consider and give weight to all of
	900	+	3 the teacher's evaluations written pursuant to Article 24A
	901	+	4 that are relevant to the issues in the hearing.
	902	+	5 Each party shall have no more than 3 days to present
	903	+	6 its case, unless extended by the hearing officer to enable
	904	+	7 a party to present adequate evidence and testimony,
	905	+	8 including due to the other party's cross-examination of
	906	+	9 the party's witnesses, for good cause or by mutual
	907	+	10 agreement of the parties. The State Board of Education
	908	+	11 shall define in rules the meaning of "day" for such
	909	+	12 purposes. All testimony at the hearing shall be taken
	910	+	13 under oath administered by the hearing officer. The
	911	+	14 hearing officer shall cause a record of the proceedings to
	912	+	15 be kept and shall employ a competent reporter to take
	913	+	16 stenographic or stenotype notes of all the testimony. The
	914	+	17 costs of the reporter's attendance and services at the
	915	+	18 hearing shall be paid by the party or parties who are
	916	+	19 responsible for paying the fees and costs of the hearing
	917	+	20 officer. Either party desiring a transcript of the hearing
	918	+	21 shall pay for the cost thereof. Any post-hearing briefs
	919	+	22 must be submitted by the parties by no later than 21 days
	920	+	23 after a party's receipt of the transcript of the hearing,
	921	+	24 unless extended by the hearing officer for good cause or
	922	+	25 by mutual agreement of the parties.
	923	+	26 (6.5) In the case of charges involving sexual abuse or
	924	+
	925	+
	926	+
	927	+
	928	+
	929	+	SB2218 Enrolled - 26 - LRB103 25407 RJT 51754 b
	930	+
	931	+
	932	+	SB2218 Enrolled- 27 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 27 - LRB103 25407 RJT 51754 b
	933	+	SB2218 Enrolled - 27 - LRB103 25407 RJT 51754 b
	934	+	1 severe physical abuse of a student or a person under the
	935	+	2 age of 18, the hearing officer shall make alternative
	936	+	3 hearing procedures to protect a witness who is a student
	937	+	4 or who is under the age of 18 from being intimidated or
	938	+	5 traumatized. Alternative hearing procedures may include,
	939	+	6 but are not limited to: (i) testimony made via a
	940	+	7 telecommunication device in a location other than the
	941	+	8 hearing room and outside the physical presence of the
	942	+	9 teacher and other hearing participants, (ii) testimony
	943	+	10 outside the physical presence of the teacher, or (iii)
	944	+	11 non-public testimony. During a testimony described under
	945	+	12 this subsection, each party must be permitted to ask a
	946	+	13 witness who is a student or who is under 18 years of age
	947	+	14 all relevant questions and follow-up questions. All
	948	+	15 questions must exclude evidence of the witness' sexual
	949	+	16 behavior or predisposition, unless the evidence is offered
	950	+	17 to prove that someone other than the teacher subject to
	951	+	18 the dismissal hearing engaged in the charge at issue.
	952	+	19 (7) The hearing officer shall, within 30 days from the
	953	+	20 conclusion of the hearing or closure of the record,
	954	+	21 whichever is later, make a decision as to whether or not
	955	+	22 the teacher shall be dismissed pursuant to Article 24A of
	956	+	23 this Code or report to the school board findings of fact
	957	+	24 and a recommendation as to whether or not the teacher
	958	+	25 shall be dismissed for cause and shall give a copy of the
	959	+	26 decision or findings of fact and recommendation to both
	960	+
	961	+
	962	+
	963	+
	964	+
	965	+	SB2218 Enrolled - 27 - LRB103 25407 RJT 51754 b
	966	+
	967	+
	968	+	SB2218 Enrolled- 28 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 28 - LRB103 25407 RJT 51754 b
	969	+	SB2218 Enrolled - 28 - LRB103 25407 RJT 51754 b
	970	+	1 the teacher and the school board. If a hearing officer
	971	+	2 fails without good cause, specifically provided in writing
	972	+	3 to both parties and the State Board of Education, to
	973	+	4 render a decision or findings of fact and recommendation
	974	+	5 within 30 days after the hearing is concluded or the
	975	+	6 record is closed, whichever is later, the parties may
	976	+	7 mutually agree to select a hearing officer pursuant to the
	977	+	8 alternative procedure, as provided in this Section, to
	978	+	9 rehear the charges heard by the hearing officer who failed
	979	+	10 to render a decision or findings of fact and
	980	+	11 recommendation or to review the record and render a
	981	+	12 decision. If any hearing officer fails without good cause,
	982	+	13 specifically provided in writing to both parties and the
	983	+	14 State Board of Education, to render a decision or findings
	984	+	15 of fact and recommendation within 30 days after the
	985	+	16 hearing is concluded or the record is closed, whichever is
	986	+	17 later, the hearing officer shall be removed from the
	987	+	18 master list of hearing officers maintained by the State
	988	+	19 Board of Education for not more than 24 months. The
	989	+	20 parties and the State Board of Education may also take
	990	+	21 such other actions as it deems appropriate, including
	991	+	22 recovering, reducing, or withholding any fees paid or to
	992	+	23 be paid to the hearing officer. If any hearing officer
	993	+	24 repeats such failure, he or she must be permanently
	994	+	25 removed from the master list maintained by the State Board
	995	+	26 of Education and may not be selected by parties through
	996	+
	997	+
	998	+
	999	+
	1000	+
	1001	+	SB2218 Enrolled - 28 - LRB103 25407 RJT 51754 b
	1002	+
	1003	+
	1004	+	SB2218 Enrolled- 29 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 29 - LRB103 25407 RJT 51754 b
	1005	+	SB2218 Enrolled - 29 - LRB103 25407 RJT 51754 b
	1006	+	1 the alternative selection process under this paragraph (7)
	1007	+	2 or paragraph (4) of this subsection (d). The board shall
	1008	+	3 not lose jurisdiction to discharge a teacher if the
	1009	+	4 hearing officer fails to render a decision or findings of
	1010	+	5 fact and recommendation within the time specified in this
	1011	+	6 Section. If the decision of the hearing officer for
	1012	+	7 dismissal pursuant to Article 24A of this Code or of the
	1013	+	8 school board for dismissal for cause is in favor of the
	1014	+	9 teacher, then the hearing officer or school board shall
	1015	+	10 order reinstatement to the same or substantially
	1016	+	11 equivalent position and shall determine the amount for
	1017	+	12 which the school board is liable, including, but not
	1018	+	13 limited to, loss of income and benefits.
	1019	+	14 (8) The school board, within 45 days after receipt of
	1020	+	15 the hearing officer's findings of fact and recommendation
	1021	+	16 as to whether (i) the conduct at issue occurred, (ii) the
	1022	+	17 conduct that did occur was remediable, and (iii) the
	1023	+	18 proposed dismissal should be sustained, shall issue a
	1024	+	19 written order as to whether the teacher must be retained
	1025	+	20 or dismissed for cause from its employ. The school board's
	1026	+	21 written order shall incorporate the hearing officer's
	1027	+	22 findings of fact, except that the school board may modify
	1028	+	23 or supplement the findings of fact if, in its opinion, the
	1029	+	24 findings of fact are against the manifest weight of the
	1030	+	25 evidence.
	1031	+	26 If the school board dismisses the teacher
	1032	+
	1033	+
	1034	+
	1035	+
	1036	+
	1037	+	SB2218 Enrolled - 29 - LRB103 25407 RJT 51754 b
	1038	+
	1039	+
	1040	+	SB2218 Enrolled- 30 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 30 - LRB103 25407 RJT 51754 b
	1041	+	SB2218 Enrolled - 30 - LRB103 25407 RJT 51754 b
	1042	+	1 notwithstanding the hearing officer's findings of fact and
	1043	+	2 recommendation, the school board shall make a conclusion
	1044	+	3 in its written order, giving its reasons therefor, and
	1045	+	4 such conclusion and reasons must be included in its
	1046	+	5 written order. The failure of the school board to strictly
	1047	+	6 adhere to the timelines contained in this Section shall
	1048	+	7 not render it without jurisdiction to dismiss the teacher.
	1049	+	8 The school board shall not lose jurisdiction to discharge
	1050	+	9 the teacher for cause if the hearing officer fails to
	1051	+	10 render a recommendation within the time specified in this
	1052	+	11 Section. The decision of the school board is final, unless
	1053	+	12 reviewed as provided in paragraph (9) of this subsection
	1054	+	13 (d).
	1055	+	14 If the school board retains the teacher, the school
	1056	+	15 board shall enter a written order stating the amount of
	1057	+	16 back pay and lost benefits, less mitigation, to be paid to
	1058	+	17 the teacher, within 45 days after its retention order.
	1059	+	18 Should the teacher object to the amount of the back pay and
	1060	+	19 lost benefits or amount mitigated, the teacher shall give
	1061	+	20 written objections to the amount within 21 days. If the
	1062	+	21 parties fail to reach resolution within 7 days, the
	1063	+	22 dispute shall be referred to the hearing officer, who
	1064	+	23 shall consider the school board's written order and
	1065	+	24 teacher's written objection and determine the amount to
	1066	+	25 which the school board is liable. The costs of the hearing
	1067	+	26 officer's review and determination must be paid by the
	1068	+
	1069	+
	1070	+
	1071	+
	1072	+
	1073	+	SB2218 Enrolled - 30 - LRB103 25407 RJT 51754 b
	1074	+
	1075	+
	1076	+	SB2218 Enrolled- 31 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 31 - LRB103 25407 RJT 51754 b
	1077	+	SB2218 Enrolled - 31 - LRB103 25407 RJT 51754 b
	1078	+	1 board.
	1079	+	2 (9) The decision of the hearing officer pursuant to
	1080	+	3 Article 24A of this Code or of the school board's decision
	1081	+	4 to dismiss for cause is final unless reviewed as provided
	1082	+	5 in Section 24-16 of this Code. If the school board's
	1083	+	6 decision to dismiss for cause is contrary to the hearing
	1084	+	7 officer's recommendation, the court on review shall give
	1085	+	8 consideration to the school board's decision and its
	1086	+	9 supplemental findings of fact, if applicable, and the
	1087	+	10 hearing officer's findings of fact and recommendation in
	1088	+	11 making its decision. In the event such review is
	1089	+	12 instituted, the school board shall be responsible for
	1090	+	13 preparing and filing the record of proceedings, and such
	1091	+	14 costs associated therewith must be divided equally between
	1092	+	15 the parties.
	1093	+	16 (10) If a decision of the hearing officer for
	1094	+	17 dismissal pursuant to Article 24A of this Code or of the
	1095	+	18 school board for dismissal for cause is adjudicated upon
	1096	+	19 review or appeal in favor of the teacher, then the trial
	1097	+	20 court shall order reinstatement and shall remand the
	1098	+	21 matter to the school board with direction for entry of an
	1099	+	22 order setting the amount of back pay, lost benefits, and
	1100	+	23 costs, less mitigation. The teacher may challenge the
	1101	+	24 school board's order setting the amount of back pay, lost
	1102	+	25 benefits, and costs, less mitigation, through an expedited
	1103	+	26 arbitration procedure, with the costs of the arbitrator
	1104	+
	1105	+
	1106	+
	1107	+
	1108	+
	1109	+	SB2218 Enrolled - 31 - LRB103 25407 RJT 51754 b
	1110	+
	1111	+
	1112	+	SB2218 Enrolled- 32 -LRB103 25407 RJT 51754 b SB2218 Enrolled - 32 - LRB103 25407 RJT 51754 b
	1113	+	SB2218 Enrolled - 32 - LRB103 25407 RJT 51754 b
	1114	+	1 borne by the school board.
	1115	+	2 Any teacher who is reinstated by any hearing or
	1116	+	3 adjudication brought under this Section shall be assigned
	1117	+	4 by the board to a position substantially similar to the
	1118	+	5 one which that teacher held prior to that teacher's
	1119	+	6 suspension or dismissal.
	1120	+	7 (11) Subject to any later effective date referenced in
	1121	+	8 this Section for a specific aspect of the dismissal
	1122	+	9 process, the changes made by Public Act 97-8 shall apply
	1123	+	10 to dismissals instituted on or after September 1, 2011.
	1124	+	11 Any dismissal instituted prior to September 1, 2011 must
	1125	+	12 be carried out in accordance with the requirements of this
	1126	+	13 Section prior to amendment by Public Act 97-8.
	1127	+	14 (e) Nothing contained in Public Act 98-648 repeals,
	1128	+	15 supersedes, invalidates, or nullifies final decisions in
	1129	+	16 lawsuits pending on July 1, 2014 (the effective date of Public
	1130	+	17 Act 98-648) in Illinois courts involving the interpretation of
	1131	+	18 Public Act 97-8.
	1132	+	19 (Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
	1133	+	20 101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
	1134	+	21 Section 99. Effective date. This Act takes effect January
	1135	+	22 1, 2024.
	1136	+
	1137	+
	1138	+
	1139	+
	1140	+
	1141	+	SB2218 Enrolled - 32 - LRB103 25407 RJT 51754 b