Bill Amendment: IL HB5136 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCD CD-TEACHER EVALUATION PLAN
Status: 2018-08-10 - Public Act . . . . . . . . . 100-0768 [HB5136 Detail]
Download: Illinois-2017-HB5136-House_Amendment_001.html
Bill Title: SCD CD-TEACHER EVALUATION PLAN
Status: 2018-08-10 - Public Act . . . . . . . . . 100-0768 [HB5136 Detail]
Download: Illinois-2017-HB5136-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5136
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2 | AMENDMENT NO. ______. Amend House Bill 5136 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 24-12 and 24A-4 as follows:
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6 | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
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7 | Sec. 24-12. Removal or dismissal of teachers in contractual
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8 | continued service. | ||||||
9 | (a) This subsection (a) applies only to honorable | ||||||
10 | dismissals and recalls in which the notice of dismissal is | ||||||
11 | provided on or before the end of the 2010-2011 school term. If | ||||||
12 | a teacher in contractual continued service is
removed or | ||||||
13 | dismissed as a result of a decision of the board to decrease
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14 | the number of teachers employed by the board or to discontinue | ||||||
15 | some
particular type of teaching service, written notice shall | ||||||
16 | be mailed to the
teacher and also given the
teacher either by |
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1 | certified mail, return receipt requested or
personal delivery | ||||||
2 | with receipt at least 60
days before
the end of the school | ||||||
3 | term, together with a statement of honorable
dismissal and the | ||||||
4 | reason therefor, and in all such cases the board shall
first | ||||||
5 | remove or dismiss all teachers who have not entered upon | ||||||
6 | contractual
continued service before removing or dismissing | ||||||
7 | any teacher who has entered
upon contractual continued service | ||||||
8 | and who is legally qualified to hold a
position currently held | ||||||
9 | by a teacher who has not entered upon contractual
continued | ||||||
10 | service. | ||||||
11 | As between teachers who have entered upon contractual
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12 | continued service, the teacher or teachers with the shorter | ||||||
13 | length of
continuing service with the district shall be | ||||||
14 | dismissed first
unless an alternative method of determining the | ||||||
15 | sequence of dismissal is
established in a collective bargaining | ||||||
16 | agreement or contract between the
board and a professional | ||||||
17 | faculty members' organization and except that
this provision | ||||||
18 | shall not impair the operation of any affirmative action
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19 | program in the district, regardless of whether it exists by | ||||||
20 | operation of
law or is conducted on a voluntary basis by the | ||||||
21 | board. Any teacher
dismissed as a result of such decrease or | ||||||
22 | discontinuance shall be paid
all earned compensation on or | ||||||
23 | before the third business day following
the last day of pupil | ||||||
24 | attendance in the regular school term. | ||||||
25 | If the
board has any vacancies for the following school | ||||||
26 | term or within one
calendar year from the beginning of the |
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1 | following school term, the
positions thereby becoming | ||||||
2 | available shall be tendered to the teachers
so removed or | ||||||
3 | dismissed so far as they are legally qualified to hold
such | ||||||
4 | positions; provided, however, that if the number of honorable
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5 | dismissal notices based on economic necessity exceeds 15% of | ||||||
6 | the number of
full time equivalent positions filled by | ||||||
7 | certified employees (excluding
principals and administrative | ||||||
8 | personnel) during the preceding school year,
then if the board | ||||||
9 | has any vacancies for the following school term or within
2 | ||||||
10 | calendar years from the beginning of the following
school term, | ||||||
11 | the positions so becoming available shall be tendered to the
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12 | teachers who were so notified and removed or dismissed whenever | ||||||
13 | they are
legally qualified to hold such positions. Each board | ||||||
14 | shall, in consultation
with any exclusive employee | ||||||
15 | representatives, each year establish a list,
categorized by | ||||||
16 | positions, showing the length of continuing service of each
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17 | teacher who is qualified to hold any such positions, unless an | ||||||
18 | alternative
method of determining a sequence of dismissal is | ||||||
19 | established as provided
for in this Section, in which case a | ||||||
20 | list shall be made in accordance with
the alternative method. | ||||||
21 | Copies of the list shall be distributed to the
exclusive | ||||||
22 | employee representative on or before February 1 of each year.
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23 | Whenever the number of honorable dismissal notices based upon | ||||||
24 | economic
necessity exceeds 5, or 150% of the average number of | ||||||
25 | teachers honorably
dismissed in the preceding 3 years, | ||||||
26 | whichever is more, then the board also
shall hold a public |
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1 | hearing on the question of the dismissals. Following
the | ||||||
2 | hearing and board review the action to approve any such | ||||||
3 | reduction shall
require a majority vote of the board members.
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4 | (b) This subsection (b) applies only to honorable | ||||||
5 | dismissals and recalls in which the notice of dismissal is | ||||||
6 | provided during the 2011-2012 school term or a subsequent | ||||||
7 | school term. If any teacher, whether or not in contractual | ||||||
8 | continued service, is removed or dismissed as a result of a | ||||||
9 | decision of a school board to decrease the number of teachers | ||||||
10 | employed by the board, a decision of a school board to | ||||||
11 | discontinue some particular type of teaching service, or a | ||||||
12 | reduction in the number of programs or positions in a special | ||||||
13 | education joint agreement, then written notice must be mailed | ||||||
14 | to the teacher and also given to the teacher either by | ||||||
15 | certified mail, return receipt requested, or personal delivery | ||||||
16 | with receipt at least 45 days before the end of the school | ||||||
17 | term, together with a statement of honorable dismissal and the | ||||||
18 | reason therefor, and in all such cases the sequence of | ||||||
19 | dismissal shall occur in accordance with this subsection (b); | ||||||
20 | except that this subsection (b) shall not impair the operation | ||||||
21 | of any affirmative action program in the school district, | ||||||
22 | regardless of whether it exists by operation of law or is | ||||||
23 | conducted on a voluntary basis by the board. | ||||||
24 | Each teacher must be categorized into one or more positions | ||||||
25 | for which the teacher is qualified to hold, based upon legal | ||||||
26 | qualifications and any other qualifications established in a |
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1 | district or joint agreement job description, on or before the | ||||||
2 | May 10 prior to the school year during which the sequence of | ||||||
3 | dismissal is determined. Within each position and subject to | ||||||
4 | agreements made by the joint committee on honorable dismissals | ||||||
5 | that are authorized by subsection (c) of this Section, the | ||||||
6 | school district or joint agreement must establish 4 groupings | ||||||
7 | of teachers qualified to hold the position as follows: | ||||||
8 | (1) Grouping one shall consist of each teacher who is | ||||||
9 | not in contractual continued service and who (i) has not | ||||||
10 | received a performance evaluation rating, (ii) is employed | ||||||
11 | for one school term or less to replace a teacher on leave, | ||||||
12 | or (iii) is employed on a part-time basis. "Part-time | ||||||
13 | basis" for the purposes of this subsection (b) means a | ||||||
14 | teacher who is employed to teach less than a full-day, | ||||||
15 | teacher workload or less than 5 days of the normal student | ||||||
16 | attendance week, unless otherwise provided for in a | ||||||
17 | collective bargaining agreement between the district and | ||||||
18 | the exclusive representative of the district's teachers. | ||||||
19 | For the purposes of this Section, a teacher (A) who is | ||||||
20 | employed as a full-time teacher but who actually teaches or | ||||||
21 | is otherwise present and participating in the district's | ||||||
22 | educational program for less than a school term or (B) who, | ||||||
23 | in the immediately previous school term, was employed on a | ||||||
24 | full-time basis and actually taught or was otherwise | ||||||
25 | present and participated in the district's educational | ||||||
26 | program for 120 days or more is not considered employed on |
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1 | a part-time basis. | ||||||
2 | (2) Grouping 2 shall consist of each teacher with a | ||||||
3 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
4 | rating on either of the teacher's last 2 performance | ||||||
5 | evaluation ratings. | ||||||
6 | (3) Grouping 3 shall consist of each teacher with a | ||||||
7 | performance evaluation rating of at least Satisfactory or | ||||||
8 | Proficient on both of the teacher's last 2 performance | ||||||
9 | evaluation ratings, if 2 ratings are available, or on the | ||||||
10 | teacher's last performance evaluation rating, if only one | ||||||
11 | rating is available, unless the teacher qualifies for | ||||||
12 | placement into grouping 4. | ||||||
13 | (4) Grouping 4 shall consist of each teacher whose last | ||||||
14 | 2 performance evaluation ratings are Excellent and each | ||||||
15 | teacher with 2 Excellent performance evaluation ratings | ||||||
16 | out of the teacher's last 3 performance evaluation ratings | ||||||
17 | with a third rating of Satisfactory or Proficient. | ||||||
18 | Among teachers qualified to hold a position, teachers must | ||||||
19 | be dismissed in the order of their groupings, with teachers in | ||||||
20 | grouping one dismissed first and teachers in grouping 4 | ||||||
21 | dismissed last. | ||||||
22 | Within grouping one, the sequence of dismissal must be at | ||||||
23 | the discretion of the school district or joint agreement. | ||||||
24 | Within grouping 2, the sequence of dismissal must be based upon | ||||||
25 | average performance evaluation ratings, with the teacher or | ||||||
26 | teachers with the lowest average performance evaluation rating |
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1 | dismissed first. A teacher's average performance evaluation | ||||||
2 | rating must be calculated using the average of the teacher's | ||||||
3 | last 2 performance evaluation ratings, if 2 ratings are | ||||||
4 | available, or the teacher's last performance evaluation | ||||||
5 | rating, if only one rating is available, using the following | ||||||
6 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
7 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
8 | Unsatisfactory. As between or among teachers in grouping 2 with | ||||||
9 | the same average performance evaluation rating and within each | ||||||
10 | of groupings 3 and 4, the teacher or teachers with the shorter | ||||||
11 | length of continuing service with the school district or joint | ||||||
12 | agreement must be dismissed first unless an alternative method | ||||||
13 | of determining the sequence of dismissal is established in a | ||||||
14 | collective bargaining agreement or contract between the board | ||||||
15 | and a professional faculty members' organization. | ||||||
16 | Each board, including the governing board of a joint | ||||||
17 | agreement, shall, in consultation with any exclusive employee | ||||||
18 | representatives, each year establish a sequence of honorable | ||||||
19 | dismissal list categorized by positions and the groupings | ||||||
20 | defined in this subsection (b). Copies of the list showing each | ||||||
21 | teacher by name and categorized by positions and the groupings | ||||||
22 | defined in this subsection (b) must be distributed to the | ||||||
23 | exclusive bargaining representative at least 75 days before the | ||||||
24 | end of the school term, provided that the school district or | ||||||
25 | joint agreement may, with notice to any exclusive employee | ||||||
26 | representatives, move teachers from grouping one into another |
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1 | grouping during the period of time from 75 days until 45 days | ||||||
2 | before the end of the school term. Each year, each board shall | ||||||
3 | also establish, in consultation with any exclusive employee | ||||||
4 | representatives, a list showing the length of continuing | ||||||
5 | service of each teacher who is qualified to hold any such | ||||||
6 | positions, unless an alternative method of determining a | ||||||
7 | sequence of dismissal is established as provided for in this | ||||||
8 | Section, in which case a list must be made in accordance with | ||||||
9 | the alternative method. Copies of the list must be distributed | ||||||
10 | to the exclusive employee representative at least 75 days | ||||||
11 | before the end of the school term. | ||||||
12 | Any teacher dismissed as a result of such decrease or | ||||||
13 | discontinuance must be paid all earned compensation on or | ||||||
14 | before the third business day following the last day of pupil | ||||||
15 | attendance in the regular school term. | ||||||
16 | If the board or joint agreement has any vacancies for the | ||||||
17 | following school term or within one calendar year from the | ||||||
18 | beginning of the following school term, the positions thereby | ||||||
19 | becoming available must be tendered to the teachers so removed | ||||||
20 | or dismissed who were in groupings 3 or 4 of the sequence of | ||||||
21 | dismissal and are qualified to hold the positions, based upon | ||||||
22 | legal qualifications and any other qualifications established | ||||||
23 | in a district or joint agreement job description, on or before | ||||||
24 | the May 10 prior to the date of the positions becoming | ||||||
25 | available, provided that if the number of honorable dismissal | ||||||
26 | notices based on economic necessity exceeds 15% of the number |
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1 | of full-time equivalent positions filled by certified | ||||||
2 | employees (excluding principals and administrative personnel) | ||||||
3 | during the preceding school year, then the recall period is for | ||||||
4 | the following school term or within 2 calendar years from the | ||||||
5 | beginning of the following school term. If the board or joint | ||||||
6 | agreement has any vacancies within the period from the | ||||||
7 | beginning of the following school term through February 1 of | ||||||
8 | the following school term (unless a date later than February 1, | ||||||
9 | but no later than 6 months from the beginning of the following | ||||||
10 | school term, is established in a collective bargaining | ||||||
11 | agreement), the positions thereby becoming available must be | ||||||
12 | tendered to the teachers so removed or dismissed who were in | ||||||
13 | grouping 2 of the sequence of dismissal due to one "needs | ||||||
14 | improvement" rating on either of the teacher's last 2 | ||||||
15 | performance evaluation ratings, provided that, if 2 ratings are | ||||||
16 | available, the other performance evaluation rating used for | ||||||
17 | grouping purposes is "satisfactory", "proficient", or | ||||||
18 | "excellent", and are qualified to hold the positions, based | ||||||
19 | upon legal qualifications and any other qualifications | ||||||
20 | established in a district or joint agreement job description, | ||||||
21 | on or before the May 10 prior to the date of the positions | ||||||
22 | becoming available. On and after the effective date of this | ||||||
23 | amendatory Act of the 98th General Assembly, the preceding | ||||||
24 | sentence shall apply to teachers removed or dismissed by | ||||||
25 | honorable dismissal, even if notice of honorable dismissal | ||||||
26 | occurred during the 2013-2014 school year. Among teachers |
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1 | eligible for recall pursuant to the preceding sentence, the | ||||||
2 | order of recall must be in inverse order of dismissal, unless | ||||||
3 | an alternative order of recall is established in a collective | ||||||
4 | bargaining agreement or contract between the board and a | ||||||
5 | professional faculty members' organization. Whenever the | ||||||
6 | number of honorable dismissal notices based upon economic | ||||||
7 | necessity exceeds 5 notices or 150% of the average number of | ||||||
8 | teachers honorably dismissed in the preceding 3 years, | ||||||
9 | whichever is more, then the school board or governing board of | ||||||
10 | a joint agreement, as applicable, shall also hold a public | ||||||
11 | hearing on the question of the dismissals. Following the | ||||||
12 | hearing and board review, the action to approve any such | ||||||
13 | reduction shall require a majority vote of the board members. | ||||||
14 | For purposes of this subsection (b), subject to agreement | ||||||
15 | on an alternative definition reached by the joint committee | ||||||
16 | described in subsection (c) of this Section, a teacher's | ||||||
17 | performance evaluation rating means the overall performance | ||||||
18 | evaluation rating resulting from an annual or biennial | ||||||
19 | performance evaluation conducted pursuant to Article 24A of | ||||||
20 | this Code by the school district or joint agreement determining | ||||||
21 | the sequence of dismissal, not including any performance | ||||||
22 | evaluation conducted during or at the end of a remediation | ||||||
23 | period. No more than one evaluation rating each school term | ||||||
24 | shall be one of the evaluation ratings used for the purpose of | ||||||
25 | determining the sequence of dismissal. Except as otherwise | ||||||
26 | provided in this subsection for any performance evaluations |
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1 | conducted during or at the end of a remediation period, if | ||||||
2 | multiple performance evaluations are conducted in a school | ||||||
3 | term, only the rating from the last evaluation conducted prior | ||||||
4 | to establishing the sequence of honorable dismissal list in | ||||||
5 | such school term shall be the one evaluation rating from that | ||||||
6 | school term used for the purpose of determining the sequence of | ||||||
7 | dismissal. Averaging ratings from multiple evaluations is not | ||||||
8 | permitted unless otherwise agreed to in a collective bargaining | ||||||
9 | agreement or contract between the board and a professional | ||||||
10 | faculty members' organization. The preceding 3 sentences are | ||||||
11 | not a legislative declaration that existing law does or does | ||||||
12 | not already require that only one performance evaluation each | ||||||
13 | school term shall be used for the purpose of determining the | ||||||
14 | sequence of dismissal. For performance evaluation ratings | ||||||
15 | determined prior to September 1, 2012, any school district or | ||||||
16 | joint agreement with a performance evaluation rating system | ||||||
17 | that does not use either of the rating category systems | ||||||
18 | specified in subsection (d) of Section 24A-5 of this Code for | ||||||
19 | all teachers must establish a basis for assigning each teacher | ||||||
20 | a rating that complies with subsection (d) of Section 24A-5 of | ||||||
21 | this Code for all of the performance evaluation ratings that | ||||||
22 | are to be used to determine the sequence of dismissal. A | ||||||
23 | teacher's grouping and ranking on a sequence of honorable | ||||||
24 | dismissal shall be deemed a part of the teacher's performance | ||||||
25 | evaluation, and that information shall be disclosed to the | ||||||
26 | exclusive bargaining representative as part of a sequence of |
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1 | honorable dismissal list, notwithstanding any laws prohibiting | ||||||
2 | disclosure of such information. A performance evaluation | ||||||
3 | rating may be used to determine the sequence of dismissal, | ||||||
4 | notwithstanding the pendency of any grievance resolution or | ||||||
5 | arbitration procedures relating to the performance evaluation. | ||||||
6 | If a teacher has received at least one performance evaluation | ||||||
7 | rating conducted by the school district or joint agreement | ||||||
8 | determining the sequence of dismissal and a subsequent | ||||||
9 | performance evaluation is not conducted in any school year in | ||||||
10 | which such evaluation is required to be conducted under Section | ||||||
11 | 24A-5 of this Code, the teacher's performance evaluation rating | ||||||
12 | for that school year for purposes of determining the sequence | ||||||
13 | of dismissal is deemed Proficient. If a performance evaluation | ||||||
14 | rating is nullified as the result of an arbitration, | ||||||
15 | administrative agency, or court determination, then the school | ||||||
16 | district or joint agreement is deemed to have conducted a | ||||||
17 | performance evaluation for that school year, but the | ||||||
18 | performance evaluation rating may not be used in determining | ||||||
19 | the sequence of dismissal. | ||||||
20 | Nothing in this subsection (b) shall be construed as | ||||||
21 | limiting the right of a school board or governing board of a | ||||||
22 | joint agreement to dismiss a teacher not in contractual | ||||||
23 | continued service in accordance with Section 24-11 of this | ||||||
24 | Code. | ||||||
25 | Any provisions regarding the sequence of honorable | ||||||
26 | dismissals and recall of honorably dismissed teachers in a |
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1 | collective bargaining agreement entered into on or before | ||||||
2 | January 1, 2011 and in effect on the effective date of this | ||||||
3 | amendatory Act of the 97th General Assembly that may conflict | ||||||
4 | with this amendatory Act of the 97th General Assembly shall | ||||||
5 | remain in effect through the expiration of such agreement or | ||||||
6 | June 30, 2013, whichever is earlier. | ||||||
7 | (c) Each school district and special education joint | ||||||
8 | agreement must use a joint committee composed of equal | ||||||
9 | representation selected by the school board and its teachers | ||||||
10 | or, if applicable, the exclusive bargaining representative of | ||||||
11 | its teachers, to address the matters described in paragraphs | ||||||
12 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
13 | dismissals under subsection (b) of this Section. | ||||||
14 | (1) The joint committee must consider and may agree to | ||||||
15 | criteria for excluding from grouping 2 and placing into | ||||||
16 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
17 | include a Needs Improvement and either a Proficient or | ||||||
18 | Excellent. | ||||||
19 | (2) The joint committee must consider and may agree to | ||||||
20 | an alternative definition for grouping 4, which definition | ||||||
21 | must take into account prior performance evaluation | ||||||
22 | ratings and may take into account other factors that relate | ||||||
23 | to the school district's or program's educational | ||||||
24 | objectives. An alternative definition for grouping 4 may | ||||||
25 | not permit the inclusion of a teacher in the grouping with | ||||||
26 | a Needs Improvement or Unsatisfactory performance |
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1 | evaluation rating on either of the teacher's last 2 | ||||||
2 | performance evaluation ratings. | ||||||
3 | (3) The joint committee may agree to including within | ||||||
4 | the definition of a performance evaluation rating a | ||||||
5 | performance evaluation rating administered by a school | ||||||
6 | district or joint agreement other than the school district | ||||||
7 | or joint agreement determining the sequence of dismissal. | ||||||
8 | (4) For each school district or joint agreement that | ||||||
9 | administers performance evaluation ratings that are | ||||||
10 | inconsistent with either of the rating category systems | ||||||
11 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
12 | the school district or joint agreement must consult with | ||||||
13 | the joint committee on the basis for assigning a rating | ||||||
14 | that complies with subsection (d) of Section 24A-5 of this | ||||||
15 | Code to each performance evaluation rating that will be | ||||||
16 | used in a sequence of dismissal. | ||||||
17 | (5) Upon request by a joint committee member submitted | ||||||
18 | to the employing board by no later than 10 days after the | ||||||
19 | distribution of the sequence of honorable dismissal list, a | ||||||
20 | representative of the employing board shall, within 5 days | ||||||
21 | after the request, provide to members of the joint | ||||||
22 | committee a list showing the most recent and prior | ||||||
23 | performance evaluation ratings of each teacher identified | ||||||
24 | only by length of continuing service in the district or | ||||||
25 | joint agreement and not by name. If, after review of this | ||||||
26 | list, a member of the joint committee has a good faith |
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1 | belief that a disproportionate number of teachers with | ||||||
2 | greater length of continuing service with the district or | ||||||
3 | joint agreement have received a recent performance | ||||||
4 | evaluation rating lower than the prior rating, the member | ||||||
5 | may request that the joint committee review the list to | ||||||
6 | assess whether such a trend may exist. Following the joint | ||||||
7 | committee's review, but by no later than the end of the | ||||||
8 | applicable school term, the joint committee or any member | ||||||
9 | or members of the joint committee may submit a report of | ||||||
10 | the review to the employing board and exclusive bargaining | ||||||
11 | representative, if any. Nothing in this paragraph (5) shall | ||||||
12 | impact the order of honorable dismissal or a school | ||||||
13 | district's or joint agreement's authority to carry out a | ||||||
14 | dismissal in accordance with subsection (b) of this | ||||||
15 | Section. | ||||||
16 | Agreement by the joint committee as to a matter requires | ||||||
17 | the majority vote of all committee members, and if the joint | ||||||
18 | committee does not reach agreement on a matter, then the | ||||||
19 | otherwise applicable requirements of subsection (b) of this | ||||||
20 | Section shall apply. Except as explicitly set forth in this | ||||||
21 | subsection (c), a joint committee has no authority to agree to | ||||||
22 | any further modifications to the requirements for honorable | ||||||
23 | dismissals set forth in subsection (b) of this Section.
The | ||||||
24 | joint committee must be established, and the first meeting of | ||||||
25 | the joint committee each school year must occur on or before | ||||||
26 | December 1. |
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1 | The joint committee must reach agreement on a matter on or | ||||||
2 | before February 1 of a school year in order for the agreement | ||||||
3 | of the joint committee to apply to the sequence of dismissal | ||||||
4 | determined during that school year. Subject to the February 1 | ||||||
5 | deadline for agreements, the agreement of a joint committee on | ||||||
6 | a matter shall apply to the sequence of dismissal until the | ||||||
7 | agreement is amended or terminated by the joint committee. | ||||||
8 | The provisions of the Open Meetings Act shall not apply to | ||||||
9 | meetings of a joint committee created under this subsection | ||||||
10 | (c). | ||||||
11 | (d) Notwithstanding anything to the contrary in this | ||||||
12 | subsection (d), the requirements and dismissal procedures of | ||||||
13 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
14 | sought under Section 24-16.5 of this Code. | ||||||
15 | (1) If a dismissal of a teacher in contractual | ||||||
16 | continued service is sought for any reason or cause other | ||||||
17 | than an honorable dismissal under subsections (a) or (b) of | ||||||
18 | this Section or a dismissal sought under Section 24-16.5 of | ||||||
19 | this Code,
including those under Section 10-22.4, the board | ||||||
20 | must first approve a
motion containing specific charges by | ||||||
21 | a majority vote of all its
members. Written notice of such | ||||||
22 | charges, including a bill of particulars and the teacher's | ||||||
23 | right to request a hearing, must be mailed to the teacher | ||||||
24 | and also given to the teacher either by certified mail, | ||||||
25 | return receipt requested, or personal delivery with | ||||||
26 | receipt
within 5 days of the adoption of the motion. Any |
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1 | written notice sent on or after July 1, 2012 shall inform | ||||||
2 | the teacher of the right to request a hearing before a | ||||||
3 | mutually selected hearing officer, with the cost of the | ||||||
4 | hearing officer split equally between the teacher and the | ||||||
5 | board, or a hearing before a board-selected hearing | ||||||
6 | officer, with the cost of the hearing officer paid by the | ||||||
7 | board. | ||||||
8 | Before setting a hearing on charges stemming from | ||||||
9 | causes that are considered remediable, a board must give | ||||||
10 | the teacher reasonable warning in writing, stating | ||||||
11 | specifically the causes that, if not removed, may result in | ||||||
12 | charges; however, no such written warning is required if | ||||||
13 | the causes have been the subject of a remediation plan | ||||||
14 | pursuant to Article 24A of this Code. | ||||||
15 | If, in the opinion of the board, the interests of the | ||||||
16 | school require it, the board may suspend the teacher | ||||||
17 | without pay, pending the hearing, but if the board's | ||||||
18 | dismissal or removal is not sustained, the teacher shall | ||||||
19 | not suffer the loss of any salary or benefits by reason of | ||||||
20 | the suspension. | ||||||
21 | (2) No hearing upon the charges is required unless the
| ||||||
22 | teacher within 17 days after receiving notice requests in | ||||||
23 | writing of the
board that a hearing be scheduled before a | ||||||
24 | mutually selected hearing officer or a hearing officer | ||||||
25 | selected by the board.
The secretary of the school board | ||||||
26 | shall forward a copy of the notice to the
State Board of |
| |||||||
| |||||||
1 | Education. | ||||||
2 | (3) Within 5 business days after receiving a notice of
| ||||||
3 | hearing in which either notice to the teacher was sent | ||||||
4 | before July 1, 2012 or, if the notice was sent on or after | ||||||
5 | July 1, 2012, the teacher has requested a hearing before a | ||||||
6 | mutually selected hearing officer, the State Board of | ||||||
7 | Education shall provide a list of 5
prospective, impartial | ||||||
8 | hearing officers from the master list of qualified, | ||||||
9 | impartial hearing officers maintained by the State Board of | ||||||
10 | Education. Each person on the master list must (i) be
| ||||||
11 | accredited by a national arbitration organization and have | ||||||
12 | had a minimum of 5
years of experience directly related to | ||||||
13 | labor and employment
relations matters between employers | ||||||
14 | and employees or
their exclusive bargaining | ||||||
15 | representatives and (ii) beginning September 1, 2012, have | ||||||
16 | participated in training provided or approved by the State | ||||||
17 | Board of Education for teacher dismissal hearing officers | ||||||
18 | so that he or she is familiar with issues generally | ||||||
19 | involved in evaluative and non-evaluative dismissals. | ||||||
20 | If notice to the teacher was sent before July 1, 2012 | ||||||
21 | or, if the notice was sent on or after July 1, 2012, the | ||||||
22 | teacher has requested a hearing before a mutually selected | ||||||
23 | hearing officer, the board and the teacher or their
legal | ||||||
24 | representatives within 3 business days shall alternately | ||||||
25 | strike one name from
the list provided by the State Board | ||||||
26 | of Education until only one name remains. Unless waived by |
| |||||||
| |||||||
1 | the teacher, the
teacher shall have the right to
proceed | ||||||
2 | first with the striking.
Within 3 business days of receipt | ||||||
3 | of the list provided by the State Board of
Education, the | ||||||
4 | board and the teacher or their legal representatives shall | ||||||
5 | each
have the right to reject all prospective hearing | ||||||
6 | officers named on the
list and notify the State Board of | ||||||
7 | Education of such rejection. Within 3 business days after | ||||||
8 | receiving this notification, the State
Board of Education | ||||||
9 | shall appoint a qualified person from the master list who | ||||||
10 | did not appear on the list sent to the parties to serve as | ||||||
11 | the hearing officer, unless the parties notify it that they | ||||||
12 | have chosen to alternatively select a hearing officer under | ||||||
13 | paragraph (4) of this subsection (d). | ||||||
14 | If the teacher has requested a hearing before a hearing | ||||||
15 | officer selected by the board, the board shall select one | ||||||
16 | name from the master list of qualified impartial hearing | ||||||
17 | officers maintained by the State Board of Education within | ||||||
18 | 3 business days after receipt and shall notify the State | ||||||
19 | Board of Education of its selection. | ||||||
20 | A hearing officer mutually selected by the parties, | ||||||
21 | selected by the board, or selected through an alternative | ||||||
22 | selection process under paragraph (4) of this subsection | ||||||
23 | (d) (A) must not be a resident of the school district, (B) | ||||||
24 | must be available to commence the hearing within 75 days | ||||||
25 | and conclude the hearing within 120 days after being | ||||||
26 | selected as the hearing officer, and (C) must issue a |
| |||||||
| |||||||
1 | decision as to whether the teacher must be dismissed and | ||||||
2 | give a copy of that decision to both the teacher and the | ||||||
3 | board within 30 days from the conclusion of the hearing or | ||||||
4 | closure of the record, whichever is later. | ||||||
5 | (4) In the alternative
to selecting a hearing officer | ||||||
6 | from the list received from the
State Board of Education or | ||||||
7 | accepting the appointment of a hearing officer by the State | ||||||
8 | Board of Education or if the State Board of Education | ||||||
9 | cannot provide a list or appoint a hearing officer that | ||||||
10 | meets the foregoing requirements, the board and the teacher | ||||||
11 | or their legal
representatives may mutually agree to select | ||||||
12 | an impartial hearing officer who
is not on the master list | ||||||
13 | either by direct
appointment by the parties or by using | ||||||
14 | procedures for the appointment of an
arbitrator | ||||||
15 | established by the Federal Mediation and Conciliation | ||||||
16 | Service or the
American Arbitration Association. The | ||||||
17 | parties shall notify the State Board of
Education of their | ||||||
18 | intent to select a hearing officer using an alternative
| ||||||
19 | procedure within 3 business days of receipt of a list of | ||||||
20 | prospective hearing officers
provided by the State Board of | ||||||
21 | Education, notice of appointment of a hearing officer by | ||||||
22 | the State Board of Education, or receipt of notice from the | ||||||
23 | State Board of Education that it cannot provide a list that | ||||||
24 | meets the foregoing requirements, whichever is later. | ||||||
25 | (5) If the notice of dismissal was sent to the teacher | ||||||
26 | before July 1, 2012, the fees and costs for the hearing |
| |||||||
| |||||||
1 | officer must be paid by the State Board of Education. If | ||||||
2 | the notice of dismissal was sent to the teacher on or after | ||||||
3 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
4 | paid as follows in this paragraph (5). The fees and | ||||||
5 | permissible costs for the hearing officer must be | ||||||
6 | determined by the State Board of Education. If the board | ||||||
7 | and the teacher or their legal representatives mutually | ||||||
8 | agree to select an impartial hearing officer who is not on | ||||||
9 | a list received from the State Board of Education, they may | ||||||
10 | agree to supplement the fees determined by the State Board | ||||||
11 | to the hearing officer, at a rate consistent with the | ||||||
12 | hearing officer's published professional fees. If the | ||||||
13 | hearing officer is mutually selected by the parties, then | ||||||
14 | the board and the teacher or their legal representatives | ||||||
15 | shall each pay 50% of the fees and costs and any | ||||||
16 | supplemental allowance to which they agree. If the hearing | ||||||
17 | officer is selected by the board, then the board shall pay | ||||||
18 | 100% of the hearing officer's fees and costs. The fees and | ||||||
19 | costs must be paid to the hearing officer within 14 days | ||||||
20 | after the board and the teacher or their legal | ||||||
21 | representatives receive the hearing officer's decision set | ||||||
22 | forth in paragraph (7) of this subsection (d). | ||||||
23 | (6) The teacher is required to answer the bill of | ||||||
24 | particulars and aver affirmative matters in his or her | ||||||
25 | defense, and the time for initially doing so and the time | ||||||
26 | for updating such answer and defenses after pre-hearing |
| |||||||
| |||||||
1 | discovery must be set by the hearing officer.
The State | ||||||
2 | Board of Education shall
promulgate rules so that each | ||||||
3 | party has a fair opportunity to present its case and to | ||||||
4 | ensure that the dismissal process proceeds in a fair and | ||||||
5 | expeditious manner. These rules shall address, without | ||||||
6 | limitation, discovery and hearing scheduling conferences; | ||||||
7 | the teacher's initial answer and affirmative defenses to | ||||||
8 | the bill of particulars and the updating of that | ||||||
9 | information after pre-hearing discovery; provision for | ||||||
10 | written interrogatories and requests for production of | ||||||
11 | documents; the requirement that each party initially | ||||||
12 | disclose to the other party and then update the disclosure | ||||||
13 | no later than 10 calendar days prior to the commencement of | ||||||
14 | the hearing, the names and addresses of persons who may be | ||||||
15 | called as
witnesses at the hearing, a summary of the facts | ||||||
16 | or opinions each witness will testify to, and all other
| ||||||
17 | documents and materials, including information maintained | ||||||
18 | electronically, relevant to its own as well as the other | ||||||
19 | party's case (the hearing officer may exclude witnesses and | ||||||
20 | exhibits not identified and shared, except those offered in | ||||||
21 | rebuttal for which the party could not reasonably have | ||||||
22 | anticipated prior to the hearing); pre-hearing discovery | ||||||
23 | and preparation, including provision for written | ||||||
24 | interrogatories and requests for production of documents, | ||||||
25 | provided that discovery depositions are prohibited; the | ||||||
26 | conduct of the hearing; the right of each party to be |
| |||||||
| |||||||
1 | represented by counsel, the offer of evidence and witnesses | ||||||
2 | and the cross-examination of witnesses; the authority of | ||||||
3 | the hearing officer to issue subpoenas and subpoenas duces | ||||||
4 | tecum, provided that the hearing officer may limit the | ||||||
5 | number of witnesses to be subpoenaed on behalf of each | ||||||
6 | party to no more than 7; the length of post-hearing briefs; | ||||||
7 | and the form, length, and content of hearing officers' | ||||||
8 | decisions. The hearing officer
shall hold a hearing and | ||||||
9 | render a final decision for dismissal pursuant to Article | ||||||
10 | 24A of this Code or shall report to the school board | ||||||
11 | findings of fact and a recommendation as to whether or not | ||||||
12 | the teacher must be dismissed for conduct. The hearing | ||||||
13 | officer shall commence the hearing within 75 days and | ||||||
14 | conclude the hearing within 120 days after being selected | ||||||
15 | as the hearing officer, provided that the hearing officer | ||||||
16 | may modify these timelines upon the showing of good cause | ||||||
17 | or mutual agreement of the parties. Good cause for the | ||||||
18 | purpose of this subsection (d) shall mean the illness or | ||||||
19 | otherwise unavoidable emergency of the teacher, district | ||||||
20 | representative, their legal representatives, the hearing | ||||||
21 | officer, or an essential witness as indicated in each | ||||||
22 | party's pre-hearing submission. In a dismissal hearing | ||||||
23 | pursuant to Article 24A of this Code, the hearing officer | ||||||
24 | shall consider and give weight to all of the teacher's | ||||||
25 | evaluations written pursuant to Article 24A that are | ||||||
26 | relevant to the issues in the hearing. |
| |||||||
| |||||||
1 | Each party shall have no more than 3 days to present | ||||||
2 | its case, unless extended by the hearing officer to enable | ||||||
3 | a party to present adequate evidence and testimony, | ||||||
4 | including due to the other party's cross-examination of the | ||||||
5 | party's witnesses, for good cause or by mutual agreement of | ||||||
6 | the parties. The State Board of Education shall define in | ||||||
7 | rules the meaning of "day" for such purposes. All testimony | ||||||
8 | at the hearing shall be taken under oath
administered by | ||||||
9 | the hearing officer. The hearing officer shall cause a
| ||||||
10 | record of the proceedings to be kept and shall employ a | ||||||
11 | competent reporter
to take stenographic or stenotype notes | ||||||
12 | of all the testimony. The costs of
the reporter's | ||||||
13 | attendance and services at the hearing shall be paid by the | ||||||
14 | party or parties who are responsible for paying the fees | ||||||
15 | and costs of the hearing officer. Either party desiring a | ||||||
16 | transcript of the hearing
shall pay for the cost thereof. | ||||||
17 | Any post-hearing briefs must be submitted by the parties by | ||||||
18 | no later than 21 days after a party's receipt of the | ||||||
19 | transcript of the hearing, unless extended by the hearing | ||||||
20 | officer for good cause or by mutual agreement of the | ||||||
21 | parties. | ||||||
22 | (7) The hearing officer shall, within 30 days from the | ||||||
23 | conclusion of the
hearing or closure of the record, | ||||||
24 | whichever is later,
make a decision as to whether or not | ||||||
25 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
26 | this Code or report to the school board findings of fact |
| |||||||
| |||||||
1 | and a recommendation as to whether or not the teacher shall | ||||||
2 | be dismissed for cause and
shall give a copy of the | ||||||
3 | decision or findings of fact and recommendation to both the | ||||||
4 | teacher and the school
board.
If a hearing officer fails
| ||||||
5 | without good cause, specifically provided in writing to | ||||||
6 | both parties and the State Board of Education, to render a | ||||||
7 | decision or findings of fact and recommendation within 30 | ||||||
8 | days after the hearing is
concluded or the
record is | ||||||
9 | closed, whichever is later,
the
parties may mutually agree | ||||||
10 | to select a hearing officer pursuant to the
alternative
| ||||||
11 | procedure, as provided in this Section,
to rehear the | ||||||
12 | charges heard by the hearing officer who failed to render a
| ||||||
13 | decision or findings of fact and recommendation or to | ||||||
14 | review the record and render a decision.
If any hearing
| ||||||
15 | officer fails without good cause, specifically provided in | ||||||
16 | writing to both parties and the State Board of Education, | ||||||
17 | to render a decision or findings of fact and recommendation | ||||||
18 | within 30 days after the
hearing is concluded or the record | ||||||
19 | is closed, whichever is later, the hearing
officer shall be | ||||||
20 | removed
from the master
list of hearing officers maintained | ||||||
21 | by the State Board of Education for not more than 24 | ||||||
22 | months. The parties and the State Board of Education may | ||||||
23 | also take such other actions as it deems appropriate, | ||||||
24 | including recovering, reducing, or withholding any fees | ||||||
25 | paid or to be paid to the hearing officer. If any hearing | ||||||
26 | officer repeats such failure, he or she must be permanently |
| |||||||
| |||||||
1 | removed from the master list maintained by the State Board | ||||||
2 | of Education and may not be selected by parties through the | ||||||
3 | alternative selection process under this paragraph (7) or | ||||||
4 | paragraph (4) of this subsection (d).
The board shall not | ||||||
5 | lose jurisdiction to discharge a teacher if the hearing
| ||||||
6 | officer fails to render a decision or findings of fact and | ||||||
7 | recommendation within the time specified in this
Section. | ||||||
8 | If the decision of the hearing officer for dismissal | ||||||
9 | pursuant to Article 24A of this Code or of the school board | ||||||
10 | for dismissal for cause is in favor of the teacher, then | ||||||
11 | the hearing officer or school board shall order | ||||||
12 | reinstatement to the same or substantially equivalent | ||||||
13 | position and shall determine the amount for which the | ||||||
14 | school board is liable, including, but not limited to, loss | ||||||
15 | of income and benefits. | ||||||
16 | (8) The school board, within 45 days after receipt of | ||||||
17 | the hearing officer's findings of fact and recommendation | ||||||
18 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
19 | conduct that did occur was remediable, and (iii) the | ||||||
20 | proposed dismissal should be sustained, shall issue a | ||||||
21 | written order as to whether the teacher must be retained or | ||||||
22 | dismissed for cause from its employ. The school board's | ||||||
23 | written order shall incorporate the hearing officer's | ||||||
24 | findings of fact, except that the school board may modify | ||||||
25 | or supplement the findings of fact if, in its opinion, the | ||||||
26 | findings of fact are against the manifest weight of the |
| |||||||
| |||||||
1 | evidence. | ||||||
2 | If the school board dismisses the teacher | ||||||
3 | notwithstanding the hearing officer's findings of fact and | ||||||
4 | recommendation, the school board shall make a conclusion in | ||||||
5 | its written order, giving its reasons therefor, and such | ||||||
6 | conclusion and reasons must be included in its written | ||||||
7 | order. The failure of the school board to strictly adhere | ||||||
8 | to the timelines contained in this Section shall not render | ||||||
9 | it without jurisdiction to dismiss the teacher. The school | ||||||
10 | board shall not lose jurisdiction to discharge the teacher | ||||||
11 | for cause if the hearing officer fails to render a | ||||||
12 | recommendation within the time specified in this Section. | ||||||
13 | The decision of the school board is final, unless reviewed | ||||||
14 | as provided in paragraph (9) of this subsection (d). | ||||||
15 | If the school board retains the teacher, the school | ||||||
16 | board shall enter a written order stating the amount of | ||||||
17 | back pay and lost benefits, less mitigation, to be paid to | ||||||
18 | the teacher, within 45 days after its retention order. | ||||||
19 | Should the teacher object to the amount of the back pay and | ||||||
20 | lost benefits or amount mitigated, the teacher shall give | ||||||
21 | written objections to the amount within 21 days. If the | ||||||
22 | parties fail to reach resolution within 7 days, the dispute | ||||||
23 | shall be referred to the hearing officer, who shall | ||||||
24 | consider the school board's written order and teacher's | ||||||
25 | written objection and determine the amount to which the | ||||||
26 | school board is liable. The costs of the hearing officer's |
| |||||||
| |||||||
1 | review and determination must be paid by the board. | ||||||
2 | (9)
The decision of the hearing officer pursuant to | ||||||
3 | Article 24A of this Code or of the school board's decision | ||||||
4 | to dismiss for cause is final unless reviewed as
provided | ||||||
5 | in Section 24-16 of this Act. If the school board's | ||||||
6 | decision to dismiss for cause is contrary to the hearing | ||||||
7 | officer's recommendation, the court on review shall give | ||||||
8 | consideration to the school board's decision and its | ||||||
9 | supplemental findings of fact, if applicable, and the | ||||||
10 | hearing officer's findings of fact and recommendation in | ||||||
11 | making its decision. In the event such review is
| ||||||
12 | instituted, the school board shall be responsible for | ||||||
13 | preparing and filing the record of proceedings, and such | ||||||
14 | costs associated therewith must be divided equally between | ||||||
15 | the parties.
| ||||||
16 | (10) If a decision of the hearing officer for dismissal | ||||||
17 | pursuant to Article 24A of this Code or of the school board | ||||||
18 | for dismissal for cause is adjudicated upon review or
| ||||||
19 | appeal in favor of the teacher, then the trial court shall | ||||||
20 | order
reinstatement and shall remand the matter to the | ||||||
21 | school board with direction for entry of an order setting | ||||||
22 | the amount of back pay, lost benefits, and costs, less | ||||||
23 | mitigation. The teacher may challenge the school board's | ||||||
24 | order setting the amount of back pay, lost benefits, and | ||||||
25 | costs, less mitigation, through an expedited arbitration | ||||||
26 | procedure, with the costs of the arbitrator borne by the |
| |||||||
| |||||||
1 | school board.
| ||||||
2 | Any teacher who is reinstated by any hearing or | ||||||
3 | adjudication brought
under this Section shall be assigned | ||||||
4 | by the board to a position
substantially similar to the one | ||||||
5 | which that teacher held prior to that
teacher's suspension | ||||||
6 | or dismissal.
| ||||||
7 | (11) Subject to any later effective date referenced in | ||||||
8 | this Section for a specific aspect of the dismissal | ||||||
9 | process, the changes made by Public Act 97-8 shall apply to | ||||||
10 | dismissals instituted on or after September 1, 2011. Any | ||||||
11 | dismissal instituted prior to September 1, 2011 must be | ||||||
12 | carried out in accordance with the requirements of this | ||||||
13 | Section prior to amendment by Public Act 97-8.
| ||||||
14 | (e) Nothing contained in this amendatory Act of the 98th | ||||||
15 | General Assembly repeals, supersedes, invalidates, or | ||||||
16 | nullifies final decisions in lawsuits pending on the effective | ||||||
17 | date of this amendatory Act of the 98th General Assembly in | ||||||
18 | Illinois courts involving the interpretation of Public Act | ||||||
19 | 97-8. | ||||||
20 | (Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78, | ||||||
21 | eff. 7-20-15.)
| ||||||
22 | (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4) | ||||||
23 | Sec. 24A-4. Development of evaluation plan. | ||||||
24 | (a) As used in
this and the succeeding Sections, "teacher" | ||||||
25 | means any and all school
district employees regularly required |
| |||||||
| |||||||
1 | to be certified under laws relating
to the certification of | ||||||
2 | teachers. Each school district shall develop, in
cooperation | ||||||
3 | with its teachers or, where applicable, the exclusive
| ||||||
4 | bargaining representatives of its teachers, an evaluation plan | ||||||
5 | for all
teachers. | ||||||
6 | (b) By no later than the applicable implementation date, | ||||||
7 | each school district shall, in good faith cooperation with its | ||||||
8 | teachers or, where applicable, the exclusive bargaining | ||||||
9 | representatives of its teachers, incorporate the use of data | ||||||
10 | and indicators on student growth as a significant factor in | ||||||
11 | rating teaching performance, into its evaluation plan for all | ||||||
12 | teachers, both those teachers in contractual continued service | ||||||
13 | and those teachers not in contractual continued service. The | ||||||
14 | plan shall at least meet the standards and requirements for | ||||||
15 | student growth and teacher evaluation established under | ||||||
16 | Section 24A-7, and specifically describe how student growth | ||||||
17 | data and indicators will be used as part of the evaluation | ||||||
18 | process, how this information will relate to evaluation | ||||||
19 | standards, the assessments or other indicators of student | ||||||
20 | performance that will be used in measuring student growth and | ||||||
21 | the weight that each will have, the methodology that will be | ||||||
22 | used to measure student growth, and the criteria other than | ||||||
23 | student growth that will be used in evaluating the teacher and | ||||||
24 | the weight that each will have. | ||||||
25 | To incorporate the use of data and indicators of student | ||||||
26 | growth as a significant factor in rating teacher performance |
| |||||||
| |||||||
1 | into the evaluation plan, the district shall use a joint | ||||||
2 | committee composed of equal representation selected by the | ||||||
3 | district and its teachers or, where applicable, the exclusive | ||||||
4 | bargaining representative of its teachers. If, within 180 | ||||||
5 | calendar days of the committee's first meeting, the committee | ||||||
6 | does not reach agreement on the plan, then the district shall | ||||||
7 | implement the model evaluation plan established under Section | ||||||
8 | 24A-7 with respect to the use of data and indicators on student | ||||||
9 | growth as a significant factor in rating teacher performance. | ||||||
10 | Nothing in this subsection (b) shall make decisions on the | ||||||
11 | use of data and indicators on student growth as a significant | ||||||
12 | factor in rating teaching performance mandatory subjects of | ||||||
13 | bargaining under the Illinois Educational Labor Relations Act | ||||||
14 | that are not currently mandatory subjects of bargaining under | ||||||
15 | the Act. | ||||||
16 | The provisions of the Open Meetings Act shall not apply to | ||||||
17 | meetings of a joint committee formed under this subsection (b). | ||||||
18 | (c) Notwithstanding anything to the contrary in subsection | ||||||
19 | (b) of this Section, if the joint committee referred to in that | ||||||
20 | subsection does not reach agreement on the plan within 90 | ||||||
21 | calendar days after the committee's first meeting, a school | ||||||
22 | district having 500,000 or more inhabitants shall not be | ||||||
23 | required to implement any aspect of the model evaluation plan | ||||||
24 | and may implement its last best proposal.
| ||||||
25 | (d) Beginning the first school year following the effective | ||||||
26 | date of this amendatory Act of the 100th General Assembly, the |
| |||||||
| |||||||
1 | joint committee referred to in subsection (b) of this Section | ||||||
2 | shall meet no less than one time annually to assess and review | ||||||
3 | the effectiveness of the district's evaluation plan for the | ||||||
4 | purposes of continuous improvement of instruction and | ||||||
5 | evaluation practices. | ||||||
6 | (Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10; | ||||||
7 | 96-1423, eff. 8-3-10.)
| ||||||
8 | Section 10. The Illinois Educational Labor Relations Act is | ||||||
9 | amended by changing Section 18 as follows:
| ||||||
10 | (115 ILCS 5/18) (from Ch. 48, par. 1718)
| ||||||
11 | Sec. 18. Meetings. The provisions of the Open Meetings Act | ||||||
12 | shall not
apply to collective bargaining negotiations , | ||||||
13 | including negotiating team strategy sessions, and grievance | ||||||
14 | arbitrations conducted
pursuant to this Act.
| ||||||
15 | (Source: P.A. 83-1014.)".
|