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Illinois Senate Bill SB2679

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2679 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2679 Introduced 1/10/2024, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED: 105 ILCS 5/24-11 from Ch. 122, par. 24-11 Amends the Employment of Teachers Article of the School Code. With regard to the Section concerning contractual continued service, removes provisions specifying that the probationary periods are only for service in which a teacher holds a Professional Educator License. Effective July 1, 2024. LRB103 35972 RJT 66059 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2679 Introduced 1/10/2024, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED: 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11 Amends the Employment of Teachers Article of the School Code. With regard to the Section concerning contractual continued service, removes provisions specifying that the probationary periods are only for service in which a teacher holds a Professional Educator License. Effective July 1, 2024. LRB103 35972 RJT 66059 b LRB103 35972 RJT 66059 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2679 Introduced 1/10/2024, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11
44 105 ILCS 5/24-11 from Ch. 122, par. 24-11
55 Amends the Employment of Teachers Article of the School Code. With regard to the Section concerning contractual continued service, removes provisions specifying that the probationary periods are only for service in which a teacher holds a Professional Educator License. Effective July 1, 2024.
66 LRB103 35972 RJT 66059 b LRB103 35972 RJT 66059 b
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88 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
99 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1010 A BILL FOR
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1313 1 AN ACT concerning education.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The School Code is amended by changing Section
1717 5 24-11 as follows:
1818 6 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
1919 7 Sec. 24-11. Boards of Education - Boards of School
2020 8 Inspectors - Contractual continued service.
2121 9 (a) As used in this and the succeeding Sections of this
2222 10 Article:
2323 11 "Teacher" means any or all school district employees
2424 12 regularly required to be licensed under laws relating to the
2525 13 licensure of teachers.
2626 14 "Board" means board of directors, board of education, or
2727 15 board of school inspectors, as the case may be.
2828 16 "School term" means that portion of the school year, July
2929 17 1 to the following June 30, when school is in actual session.
3030 18 "Program" means a program of a special education joint
3131 19 agreement.
3232 20 "Program of a special education joint agreement" means
3333 21 instructional, consultative, supervisory, administrative,
3434 22 diagnostic, and related services that are managed by a special
3535 23 educational joint agreement designed to service 2 or more
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4040 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/24-11 from Ch. 122, par. 24-11
4141 105 ILCS 5/24-11 from Ch. 122, par. 24-11
4242 Amends the Employment of Teachers Article of the School Code. With regard to the Section concerning contractual continued service, removes provisions specifying that the probationary periods are only for service in which a teacher holds a Professional Educator License. Effective July 1, 2024.
4343 LRB103 35972 RJT 66059 b LRB103 35972 RJT 66059 b
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4545 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4646 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4747 A BILL FOR
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7676 1 school districts that are members of the joint agreement.
7777 2 "PERA implementation date" means the implementation date
7878 3 of an evaluation system for teachers as specified by Section
7979 4 24A-2.5 of this Code for all schools within a school district
8080 5 or all programs of a special education joint agreement.
8181 6 (b) This Section and Sections 24-12 through 24-16 of this
8282 7 Article apply only to school districts having less than
8383 8 500,000 inhabitants.
8484 9 (c) Any teacher who is first employed as a full-time
8585 10 teacher in a school district or program prior to the PERA
8686 11 implementation date and who is employed in that district or
8787 12 program for a probationary period of 4 consecutive school
8888 13 terms shall enter upon contractual continued service in the
8989 14 district or in all of the programs that the teacher is legally
9090 15 qualified to hold, unless the teacher is given written notice
9191 16 of dismissal by certified mail, return receipt requested, by
9292 17 the employing board at least 45 days before the end of any
9393 18 school term within such period.
9494 19 (d) For any teacher who is first employed as a full-time
9595 20 teacher in a school district or program on or after the PERA
9696 21 implementation date but before July 1, 2023, the probationary
9797 22 period shall be one of the following periods, based upon the
9898 23 teacher's school terms of service and performance, before the
9999 24 teacher shall enter upon contractual continued service in the
100100 25 district or in all of the programs that the teacher is legally
101101 26 qualified to hold, unless the teacher is given written notice
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112112 1 of dismissal by certified mail, return receipt requested, by
113113 2 the employing board on or before April 15:
114114 3 (1) 4 consecutive school terms of service in which the
115115 4 teacher holds a Professional Educator License and receives
116116 5 overall annual evaluation ratings of at least "Proficient"
117117 6 in the last school term and at least "Proficient" in
118118 7 either the second or third school terms;
119119 8 (2) 3 consecutive school terms of service in which the
120120 9 teacher holds a Professional Educator License and receives
121121 10 2 overall annual evaluations of "Excellent"; or
122122 11 (3) 2 consecutive school terms of service in which the
123123 12 teacher holds a Professional Educator License and receives
124124 13 2 overall annual evaluations of "Excellent" service, but
125125 14 only if the teacher (i) previously attained contractual
126126 15 continued service in a different school district or
127127 16 program in this State, (ii) voluntarily departed or was
128128 17 honorably dismissed from that school district or program
129129 18 in the school term immediately prior to the teacher's
130130 19 first school term of service applicable to the attainment
131131 20 of contractual continued service under this subdivision
132132 21 (3), and (iii) received, in his or her 2 most recent
133133 22 overall annual or biennial evaluations from the prior
134134 23 school district or program, ratings of at least
135135 24 "Proficient", with both such ratings occurring after the
136136 25 school district's or program's PERA implementation date.
137137 26 For a teacher to attain contractual continued service
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148148 1 under this subdivision (3), the teacher shall provide
149149 2 official copies of his or her 2 most recent overall annual
150150 3 or biennial evaluations from the prior school district or
151151 4 program to the new school district or program within 60
152152 5 days from the teacher's first day of service with the new
153153 6 school district or program. The prior school district or
154154 7 program must provide the teacher with official copies of
155155 8 his or her 2 most recent overall annual or biennial
156156 9 evaluations within 14 days after the teacher's request. If
157157 10 a teacher has requested such official copies prior to 45
158158 11 days after the teacher's first day of service with the new
159159 12 school district or program and the teacher's prior school
160160 13 district or program fails to provide the teacher with the
161161 14 official copies required under this subdivision (3), then
162162 15 the time period for the teacher to submit the official
163163 16 copies to his or her new school district or program must be
164164 17 extended until 14 days after receipt of such copies from
165165 18 the prior school district or program. If the prior school
166166 19 district or program fails to provide the teacher with the
167167 20 official copies required under this subdivision (3) within
168168 21 90 days from the teacher's first day of service with the
169169 22 new school district or program, then the new school
170170 23 district or program shall rely upon the teacher's own
171171 24 copies of his or her evaluations for purposes of this
172172 25 subdivision (3).
173173 26 If the teacher does not receive overall annual evaluations
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184184 1 of "Excellent" in the school terms necessary for eligibility
185185 2 to achieve accelerated contractual continued service in
186186 3 subdivisions (2) and (3) of this subsection (d), the teacher
187187 4 shall be eligible for contractual continued service pursuant
188188 5 to subdivision (1) of this subsection (d). If, at the
189189 6 conclusion of 4 consecutive school terms of service that count
190190 7 toward attainment of contractual continued service, the
191191 8 teacher's performance does not qualify the teacher for
192192 9 contractual continued service under subdivision (1) of this
193193 10 subsection (d), then the teacher shall not enter upon
194194 11 contractual continued service and shall be dismissed. If a
195195 12 performance evaluation is not conducted for any school term
196196 13 when such evaluation is required to be conducted under Section
197197 14 24A-5 of this Code, then the teacher's performance evaluation
198198 15 rating for such school term for purposes of determining the
199199 16 attainment of contractual continued service shall be deemed
200200 17 "Proficient", except that, during any time in which the
201201 18 Governor has declared a disaster due to a public health
202202 19 emergency pursuant to Section 7 of the Illinois Emergency
203203 20 Management Agency Act, this default to "Proficient" does not
204204 21 apply to any teacher who has entered into contractual
205205 22 continued service and who was deemed "Excellent" on his or her
206206 23 most recent evaluation. During any time in which the Governor
207207 24 has declared a disaster due to a public health emergency
208208 25 pursuant to Section 7 of the Illinois Emergency Management
209209 26 Agency Act and unless the school board and any exclusive
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220220 1 bargaining representative have completed the performance
221221 2 rating for teachers or mutually agreed to an alternate
222222 3 performance rating, any teacher who has entered into
223223 4 contractual continued service, whose most recent evaluation
224224 5 was deemed "Excellent", and whose performance evaluation is
225225 6 not conducted when the evaluation is required to be conducted
226226 7 shall receive a teacher's performance rating deemed
227227 8 "Excellent". A school board and any exclusive bargaining
228228 9 representative may mutually agree to an alternate performance
229229 10 rating for teachers not in contractual continued service
230230 11 during any time in which the Governor has declared a disaster
231231 12 due to a public health emergency pursuant to Section 7 of the
232232 13 Illinois Emergency Management Agency Act, as long as the
233233 14 agreement is in writing.
234234 15 (d-5) For any teacher who is first employed as a full-time
235235 16 teacher in a school district or program on or after July 1,
236236 17 2023, the probationary period shall be one of the following
237237 18 periods, based upon the teacher's school terms of service and
238238 19 performance, before the teacher shall enter upon contractual
239239 20 continued service in the district or in all of the programs
240240 21 that the teacher is legally qualified to hold, unless the
241241 22 teacher is given written notice of dismissal by certified
242242 23 mail, return receipt requested, by the employing board on or
243243 24 before April 15:
244244 25 (1) 3 consecutive school terms of service in which the
245245 26 teacher holds a Professional Educator License and receives
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256256 1 overall annual evaluation ratings of at least "Proficient"
257257 2 in the second and third school terms;
258258 3 (2) 2 consecutive school terms of service in which the
259259 4 teacher holds a Professional Educator License and receives
260260 5 2 overall annual evaluations of "Excellent"; or
261261 6 (3) 2 consecutive school terms of service in which the
262262 7 teacher holds a Professional Educator License and receives
263263 8 2 overall annual evaluations of "Excellent" service, but
264264 9 only if the teacher (i) previously attained contractual
265265 10 continued service in a different school district or
266266 11 program in this State, (ii) voluntarily departed or was
267267 12 honorably dismissed from that school district or program
268268 13 in the school term immediately prior to the teacher's
269269 14 first school term of service applicable to the attainment
270270 15 of contractual continued service under this subdivision
271271 16 (3), and (iii) received, in his or her 2 most recent
272272 17 overall annual or biennial evaluations from the prior
273273 18 school district or program, ratings of at least
274274 19 "Proficient", with both such ratings occurring after the
275275 20 school district's or program's PERA implementation date.
276276 21 For a teacher to attain contractual continued service
277277 22 under this subdivision (3), the teacher shall provide
278278 23 official copies of his or her 2 most recent overall annual
279279 24 or biennial evaluations from the prior school district or
280280 25 program to the new school district or program within 60
281281 26 days from the teacher's first day of service with the new
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292292 1 school district or program. The prior school district or
293293 2 program must provide the teacher with official copies of
294294 3 his or her 2 most recent overall annual or biennial
295295 4 evaluations within 14 days after the teacher's request. If
296296 5 a teacher has requested such official copies prior to 45
297297 6 days after the teacher's first day of service with the new
298298 7 school district or program and the teacher's prior school
299299 8 district or program fails to provide the teacher with the
300300 9 official copies required under this subdivision (3), then
301301 10 the time period for the teacher to submit the official
302302 11 copies to his or her new school district or program must be
303303 12 extended until 14 days after receipt of such copies from
304304 13 the prior school district or program. If the prior school
305305 14 district or program fails to provide the teacher with the
306306 15 official copies required under this subdivision (3) within
307307 16 90 days from the teacher's first day of service with the
308308 17 new school district or program, then the new school
309309 18 district or program shall rely upon the teacher's own
310310 19 copies of his or her evaluations for purposes of this
311311 20 subdivision (3).
312312 21 If the teacher does not receive overall annual evaluations
313313 22 of "Excellent" in the school terms necessary for eligibility
314314 23 to achieve accelerated contractual continued service in
315315 24 subdivisions (2) and (3) of this subsection (d), the teacher
316316 25 shall be eligible for contractual continued service pursuant
317317 26 to subdivision (1) of this subsection (d). If, at the
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328328 1 conclusion of 3 consecutive school terms of service that count
329329 2 toward attainment of contractual continued service, the
330330 3 teacher's performance does not qualify the teacher for
331331 4 contractual continued service under subdivision (1) of this
332332 5 subsection (d), then the teacher shall not enter upon
333333 6 contractual continued service and shall be dismissed. If a
334334 7 performance evaluation is not conducted for any school term
335335 8 when such evaluation is required to be conducted under Section
336336 9 24A-5 of this Code, then the teacher's performance evaluation
337337 10 rating for such school term for purposes of determining the
338338 11 attainment of contractual continued service shall be deemed
339339 12 "Proficient", except that, during any time in which the
340340 13 Governor has declared a disaster due to a public health
341341 14 emergency pursuant to Section 7 of the Illinois Emergency
342342 15 Management Agency Act, this default to "Proficient" does not
343343 16 apply to any teacher who has entered into contractual
344344 17 continued service and who was deemed "Excellent" on his or her
345345 18 most recent evaluation. During any time in which the Governor
346346 19 has declared a disaster due to a public health emergency
347347 20 pursuant to Section 7 of the Illinois Emergency Management
348348 21 Agency Act and unless the school board and any exclusive
349349 22 bargaining representative have completed the performance
350350 23 rating for teachers or mutually agreed to an alternate
351351 24 performance rating, any teacher who has entered into
352352 25 contractual continued service, whose most recent evaluation
353353 26 was deemed "Excellent", and whose performance evaluation is
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364364 1 not conducted when the evaluation is required to be conducted
365365 2 shall receive a teacher's performance rating deemed
366366 3 "Excellent". A school board and any exclusive bargaining
367367 4 representative may mutually agree to an alternate performance
368368 5 rating for teachers not in contractual continued service
369369 6 during any time in which the Governor has declared a disaster
370370 7 due to a public health emergency pursuant to Section 7 of the
371371 8 Illinois Emergency Management Agency Act, as long as the
372372 9 agreement is in writing.
373373 10 (e) For the purposes of determining contractual continued
374374 11 service, a school term shall be counted only toward attainment
375375 12 of contractual continued service if the teacher actually
376376 13 teaches or is otherwise present and participating in the
377377 14 district's or program's educational program for 120 days or
378378 15 more, provided that the days of leave under the federal Family
379379 16 Medical Leave Act that the teacher is required to take until
380380 17 the end of the school term shall be considered days of teaching
381381 18 or participation in the district's or program's educational
382382 19 program. A school term that is not counted toward attainment
383383 20 of contractual continued service shall not be considered a
384384 21 break in service for purposes of determining whether a teacher
385385 22 has been employed for consecutive school terms, provided that
386386 23 the teacher actually teaches or is otherwise present and
387387 24 participating in the district's or program's educational
388388 25 program in the following school term.
389389 26 (f) If the employing board determines to dismiss the
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400400 1 teacher in the last year of the probationary period as
401401 2 provided in subsection (c) of this Section or subdivision (1)
402402 3 or (2) of subsection (d) of this Section or subdivision (1) or
403403 4 (2) of subsection (d-5) of this Section, but not subdivision
404404 5 (3) of subsection (d) of this Section or subdivision (3) of
405405 6 subsection (d-5) of this Section, the written notice of
406406 7 dismissal provided by the employing board must contain
407407 8 specific reasons for dismissal. Any full-time teacher who does
408408 9 not receive written notice from the employing board on or
409409 10 before April 15 as provided in this Section and whose
410410 11 performance does not require dismissal after the fourth
411411 12 probationary year pursuant to subsection (d) of this Section
412412 13 or the third probationary year pursuant to subsection (d-5) of
413413 14 this Section shall be re-employed for the following school
414414 15 term.
415415 16 (g) Contractual continued service shall continue in effect
416416 17 the terms and provisions of the contract with the teacher
417417 18 during the last school term of the probationary period,
418418 19 subject to this Act and the lawful regulations of the
419419 20 employing board. This Section and succeeding Sections do not
420420 21 modify any existing power of the board except with respect to
421421 22 the procedure of the discharge of a teacher and reductions in
422422 23 salary as hereinafter provided. Contractual continued service
423423 24 status shall not restrict the power of the board to transfer a
424424 25 teacher to a position which the teacher is qualified to fill or
425425 26 to make such salary adjustments as it deems desirable, but
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436436 1 unless reductions in salary are uniform or based upon some
437437 2 reasonable classification, any teacher whose salary is reduced
438438 3 shall be entitled to a notice and a hearing as hereinafter
439439 4 provided in the case of certain dismissals or removals.
440440 5 (h) If, by reason of any change in the boundaries of school
441441 6 districts, by reason of a special education cooperative
442442 7 reorganization or dissolution in accordance with Section
443443 8 10-22.31 of this Code, or by reason of the creation of a new
444444 9 school district, the position held by any teacher having a
445445 10 contractual continued service status is transferred from one
446446 11 board to the control of a new or different board, then the
447447 12 contractual continued service status of the teacher is not
448448 13 thereby lost, and such new or different board is subject to
449449 14 this Code with respect to the teacher in the same manner as if
450450 15 the teacher were its employee and had been its employee during
451451 16 the time the teacher was actually employed by the board from
452452 17 whose control the position was transferred.
453453 18 (i) The employment of any teacher in a program of a special
454454 19 education joint agreement established under Section 3-15.14,
455455 20 10-22.31 or 10-22.31a shall be governed by this and succeeding
456456 21 Sections of this Article. For purposes of attaining and
457457 22 maintaining contractual continued service and computing length
458458 23 of continuing service as referred to in this Section and
459459 24 Section 24-12, employment in a special educational joint
460460 25 program shall be deemed a continuation of all previous
461461 26 licensed employment of such teacher for such joint agreement
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472472 1 whether the employer of the teacher was the joint agreement,
473473 2 the regional superintendent, or one of the participating
474474 3 districts in the joint agreement.
475475 4 (j) For any teacher employed after July 1, 1987 as a
476476 5 full-time teacher in a program of a special education joint
477477 6 agreement, whether the program is operated by the joint
478478 7 agreement or a member district on behalf of the joint
479479 8 agreement, in the event of a reduction in the number of
480480 9 programs or positions in the joint agreement in which the
481481 10 notice of dismissal is provided on or before the end of the
482482 11 2010-2011 school term, the teacher in contractual continued
483483 12 service is eligible for employment in the joint agreement
484484 13 programs for which the teacher is legally qualified in order
485485 14 of greater length of continuing service in the joint
486486 15 agreement, unless an alternative method of determining the
487487 16 sequence of dismissal is established in a collective
488488 17 bargaining agreement. For any teacher employed after July 1,
489489 18 1987 as a full-time teacher in a program of a special education
490490 19 joint agreement, whether the program is operated by the joint
491491 20 agreement or a member district on behalf of the joint
492492 21 agreement, in the event of a reduction in the number of
493493 22 programs or positions in the joint agreement in which the
494494 23 notice of dismissal is provided during the 2011-2012 school
495495 24 term or a subsequent school term, the teacher shall be
496496 25 included on the honorable dismissal lists of all joint
497497 26 agreement programs for positions for which the teacher is
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508508 1 qualified and is eligible for employment in such programs in
509509 2 accordance with subsections (b) and (c) of Section 24-12 of
510510 3 this Code and the applicable honorable dismissal policies of
511511 4 the joint agreement.
512512 5 (k) For any teacher employed after July 1, 1987 as a
513513 6 full-time teacher in a program of a special education joint
514514 7 agreement, whether the program is operated by the joint
515515 8 agreement or a member district on behalf of the joint
516516 9 agreement, in the event of the dissolution of a joint
517517 10 agreement, in which the notice to teachers of the dissolution
518518 11 is provided during the 2010-2011 school term, the teacher in
519519 12 contractual continued service who is legally qualified shall
520520 13 be assigned to any comparable position in a member district
521521 14 currently held by a teacher who has not entered upon
522522 15 contractual continued service or held by a teacher who has
523523 16 entered upon contractual continued service with a shorter
524524 17 length of contractual continued service. Any teacher employed
525525 18 after July 1, 1987 as a full-time teacher in a program of a
526526 19 special education joint agreement, whether the program is
527527 20 operated by the joint agreement or a member district on behalf
528528 21 of the joint agreement, in the event of the dissolution of a
529529 22 joint agreement in which the notice to teachers of the
530530 23 dissolution is provided during the 2011-2012 school term or a
531531 24 subsequent school term, the teacher who is qualified shall be
532532 25 included on the order of honorable dismissal lists of each
533533 26 member district and shall be assigned to any comparable
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544544 1 position in any such district in accordance with subsections
545545 2 (b) and (c) of Section 24-12 of this Code and the applicable
546546 3 honorable dismissal policies of each member district.
547547 4 (l) The governing board of the joint agreement, or the
548548 5 administrative district, if so authorized by the articles of
549549 6 agreement of the joint agreement, rather than the board of
550550 7 education of a school district, may carry out employment and
551551 8 termination actions including dismissals under this Section
552552 9 and Section 24-12.
553553 10 (m) The employment of any teacher in a special education
554554 11 program authorized by Section 14-1.01 through 14-14.01, or a
555555 12 joint educational program established under Section 10-22.31a,
556556 13 shall be under this and the succeeding Sections of this
557557 14 Article, and such employment shall be deemed a continuation of
558558 15 the previous employment of such teacher in any of the
559559 16 participating districts, regardless of the participation of
560560 17 other districts in the program.
561561 18 (n) Any teacher employed as a full-time teacher in a
562562 19 special education program prior to September 23, 1987 in which
563563 20 2 or more school districts participate for a probationary
564564 21 period of 2 consecutive years shall enter upon contractual
565565 22 continued service in each of the participating districts,
566566 23 subject to this and the succeeding Sections of this Article,
567567 24 and, notwithstanding Section 24-1.5 of this Code, in the event
568568 25 of the termination of the program shall be eligible for any
569569 26 vacant position in any of such districts for which such
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580580 1 teacher is qualified.
581581 2 (Source: P.A. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22;
582582 3 103-500, eff. 8-4-23.)
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