Bill Text: IL HB2801 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Chicago School District Article of the School Code. Makes a technical change in a provision concerning the removal of a teacher or a principal.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2801 Detail]

Download: Illinois-2021-HB2801-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2801 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
105 ILCS 5/34-85 from Ch. 122, par. 34-85
Amends the Chicago School District Article of the School Code. Makes a technical change in a provision concerning the removal of a teacher or a principal.
LRB102 14523 CMG 19876 b
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
34-85 as follows:
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing;
suspension.
(a) No teacher employed by the the board of education
shall (after serving the probationary period specified in
Section 34-84) be removed except for cause. Teachers (who have
completed the probationary period specified in Section 34-84
of this Code) shall be removed for cause in accordance with the
procedures set forth in this Section or, at the board's
option, the procedures set forth in Section 24-16.5 of this
Code or such other procedures established in an agreement
entered into between the board and the exclusive
representative of the district's teachers under Section 34-85c
of this Code for teachers (who have completed the probationary
period specified in Section 34-84 of this Code) assigned to
schools identified in that agreement. No principal employed by
the board of education shall be removed during the term of his
or her performance contract except for cause, which may

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include but is not limited to the principal's repeated failure
to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including
additional criteria established by the Council for inclusion
in the performance contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes
that may be deemed to be remediable, the teacher or principal
must be given reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if the
causes have been the subject of a remediation plan pursuant to
Article 24A of this Code or if the board and the exclusive
representative of the district's teachers have entered into an
agreement pursuant to Section 34-85c of this Code, pursuant to
an alternative system of remediation. No written warning shall
be required for conduct on the part of a teacher or principal
that is cruel, immoral, negligent, or criminal or that in any
way causes psychological or physical harm or injury to a
student, as that conduct is deemed to be irremediable. No
written warning shall be required for a material breach of the
uniform principal performance contract, as that conduct is
deemed to be irremediable; provided that not less than 30 days
before the vote of the local school council to seek the
dismissal of a principal for a material breach of a uniform
principal performance contract, the local school council shall
specify the nature of the alleged breach in writing and

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provide a copy of it to the principal.
(1) To initiate dismissal proceedings against a
teacher or principal, the general superintendent must
first approve written charges and specifications against
the teacher or principal. A local school council may
direct the general superintendent to approve written
charges against its principal on behalf of the Council
upon the vote of 7 members of the Council. The general
superintendent must approve those charges within 45
calendar days or provide a written reason for not
approving those charges. A written notice of those
charges, including specifications, shall be served upon
the teacher or principal within 10 business days of the
approval of the charges. Any written notice sent on or
after July 1, 2012 shall also inform the teacher or
principal of the right to request a hearing before a
mutually selected hearing officer, with the cost of the
hearing officer split equally between the teacher or
principal and the board, or a hearing before a qualified
hearing officer chosen by the general superintendent, with
the cost of the hearing officer paid by the board. If the
teacher or principal cannot be found upon diligent
inquiry, such charges may be served upon him by mailing a
copy thereof in a sealed envelope by prepaid certified
mail, return receipt requested, to the teacher's or
principal's last known address. A return receipt showing

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delivery to such address within 20 calendar days after the
date of the approval of the charges shall constitute proof
of service.
(2) No hearing upon the charges is required unless the
teacher or principal within 17 calendar days after
receiving notice requests in writing of the general
superintendent that a hearing be scheduled. Pending the
hearing of the charges, the general superintendent or his
or her designee may suspend the teacher or principal
charged without pay in accordance with rules prescribed by
the board, provided that if the teacher or principal
charged is not dismissed based on the charges, he or she
must be made whole for lost earnings, less setoffs for
mitigation.
(3) The board shall maintain a list of at least 9
qualified hearing officers who will conduct hearings on
charges and specifications. The list must be developed in
good faith consultation with the exclusive representative
of the board's teachers and professional associations that
represent the board's principals. The list may be revised
on July 1st of each year or earlier as needed. To be a
qualified hearing officer, the person must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience as an arbitrator in
cases involving labor and employment relations matters
between employers and employees or their exclusive

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bargaining representatives and (ii) beginning September 1,
2012, have participated in training provided or approved
by the State Board of Education for teacher dismissal
hearing officers so that he or she is familiar with issues
generally involved in evaluative and non-evaluative
dismissals.
Within 5 business days after receiving the notice of
request for a hearing, the general superintendent and the
teacher or principal or their legal representatives shall
alternately strike one name from the list until only one
name remains. Unless waived by the teacher, the teacher or
principal shall have the right to proceed first with the
striking. If the teacher or principal fails to participate
in the striking process, the general superintendent shall
either select the hearing officer from the list developed
pursuant to this paragraph (3) or select another qualified
hearing officer from the master list maintained by the
State Board of Education pursuant to subsection (c) of
Section 24-12 of this Code.
(4) If the notice of dismissal was sent to the teacher
or principal before July 1, 2012, the fees and costs for
the hearing officer shall be paid by the State Board of
Education. If the notice of dismissal was sent to the
teacher or principal on or after July 1, 2012, the hearing
officer's fees and costs must be paid as follows in this
paragraph (4). The fees and permissible costs for the

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hearing officer shall be determined by the State Board of
Education. If the hearing officer is mutually selected by
the parties through alternate striking in accordance with
paragraph (3) of this subsection (a), then the board and
the teacher or their legal representative shall each pay
50% of the fees and costs and any supplemental allowance
to which they agree. If the hearing officer is selected by
the general superintendent without the participation of
the teacher or principal, then the board shall pay 100% of
the hearing officer fees and costs. The hearing officer
shall submit for payment a billing statement to the
parties that itemizes the charges and expenses and divides
them in accordance with this Section.
(5) The teacher or the principal charged is required
to answer the charges and specifications and aver
affirmative matters in his or her defense, and the time
for doing so must be set by the hearing officer. The State
Board of Education shall adopt rules so that each party
has a fair opportunity to present its case and to ensure
that the dismissal proceeding is concluded in an
expeditious manner. The rules shall address, without
limitation, the teacher or principal's answer and
affirmative defenses to the charges and specifications; a
requirement that each party make mandatory disclosures
without request to the other party and then update the
disclosure no later than 10 calendar days prior to the

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commencement of the hearing, including a list of the names
and addresses of persons who may be called as witnesses at
the hearing, a summary of the facts or opinions each
witness will testify to, and all other documents and
materials, including information maintained
electronically, relevant to its own as well as the other
party's case (the hearing officer may exclude witnesses
and exhibits not identified and shared, except those
offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each
party to be represented by counsel, the offer of evidence
and witnesses and the cross-examination of witnesses; the
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed in
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of
hearing officers' reports and recommendations to the
general superintendent.
The hearing officer shall commence the hearing within
75 calendar days and conclude the hearing within 120
calendar days after being selected by the parties as the

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hearing officer, provided that these timelines may be
modified upon the showing of good cause or mutual
agreement of the parties. Good cause for the purposes of
this paragraph (5) shall mean the illness or otherwise
unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing in
which a witness is a student or is under the age of 18, the
hearing officer must make accommodations for the witness,
as provided under paragraph (5.5) of this subsection. The
hearing officer shall consider and give weight to all of
the teacher's evaluations written pursuant to Article 24A
that are relevant to the issues in the hearing. Except as
otherwise provided under paragraph (5.5) of this
subsection, the teacher or principal has the privilege of
being present at the hearing with counsel and of
cross-examining witnesses and may offer evidence and
witnesses and present defenses to the charges. Each party
shall have no more than 3 days to present its case, unless
extended by the hearing officer to enable a party to
present adequate evidence and testimony, including due to
the other party's cross-examination of the party's
witnesses, for good cause or by mutual agreement of the
parties. The State Board of Education shall define in
rules the meaning of "day" for such purposes. All

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testimony at the hearing shall be taken under oath
administered by the hearing officer. The hearing officer
shall cause a record of the proceedings to be kept and
shall employ a competent reporter to take stenographic or
stenotype notes of all the testimony. The costs of the
reporter's attendance and services at the hearing shall be
paid by the party or parties who are paying the fees and
costs of the hearing officer. Either party desiring a
transcript of the hearing shall pay for the cost thereof.
At the close of the hearing, the hearing officer shall
direct the parties to submit post-hearing briefs no later
than 21 calendar days after receipt of the transcript.
Either or both parties may waive submission of briefs.
(5.5) In the case of charges involving sexual abuse or
severe physical abuse of a student or a person under the
age of 18, the hearing officer shall make alternative
hearing procedures to protect a witness who is a student
or who is under the age of 18 from being intimidated or
traumatized. Alternative hearing procedures may include,
but are not limited to: (i) testimony made via a
telecommunication device in a location other than the
hearing room and outside the physical presence of the
teacher or principal and other hearing participants, (ii)
testimony outside the physical presence of the teacher or
principal, or (iii) non-public testimony. During a
testimony described under this subsection, each party must

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be permitted to ask a witness who is a student or who is
under 18 years of age all relevant questions and follow-up
questions. All questions must exclude evidence of the
witness' sexual behavior or predisposition, unless the
evidence is offered to prove that someone other than the
teacher subject to the dismissal hearing engaged in the
charge at issue.
(6) The hearing officer shall within 30 calendar days
from the conclusion of the hearing report to the general
superintendent findings of fact and a recommendation as to
whether or not the teacher or principal shall be dismissed
and shall give a copy of the report to both the teacher or
principal and the general superintendent. The State Board
of Education shall provide by rule the form of the hearing
officer's report and recommendation.
(7) The board, within 45 days of receipt of the
hearing officer's findings of fact and recommendation,
shall make a decision as to whether the teacher or
principal shall be dismissed from its employ. The failure
of the board to strictly adhere to the timeliness
contained herein shall not render it without jurisdiction
to dismiss the teacher or principal. In the event that the
board declines to dismiss the teacher or principal after
review of a hearing officer's recommendation, the board
shall set the amount of back pay and benefits to award the
teacher or principal, which shall include offsets for

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interim earnings and failure to mitigate losses. The board
shall establish procedures for the teacher's or
principal's submission of evidence to it regarding lost
earnings, lost benefits, mitigation, and offsets. The
decision of the board is final unless reviewed in
accordance with paragraph (8) of this subsection (a).
(8) The teacher may seek judicial review of the
board's decision in accordance with the Administrative
Review Law, which is specifically incorporated in this
Section, except that the review must be initiated in the
Illinois Appellate Court for the First District. In the
event judicial review is instituted, any costs of
preparing and filing the record of proceedings shall be
paid by the party instituting the review. In the event the
appellate court reverses a board decision to dismiss a
teacher or principal and directs the board to pay the
teacher or the principal back pay and benefits, the
appellate court shall remand the matter to the board to
issue an administrative decision as to the amount of back
pay and benefits, which shall include a calculation of the
lost earnings, lost benefits, mitigation, and offsets
based on evidence submitted to the board in accordance
with procedures established by the board.
(9) If the Governor has declared a disaster due to a
public health emergency pursuant to Section 7 of the
Illinois Emergency Management Act, except if the parties

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mutually agree otherwise and the agreement is in writing,
the requirements of this Section pertaining to prehearings
and hearings are paused and do not begin to toll until the
proclamation declaring the disaster is no longer in
effect. If mutually agreed to and reduced in writing, the
parties may proceed with the prehearing and hearing
requirements of this Section connected to the appointment
and selection of a hearing officer and those connected to
commencing and concluding a hearing. Any hearing convened
during a public health emergency pursuant to Section 7 of
the Illinois Emergency Management Agency Act may be
convened remotely. Any hearing officer for a hearing
convened during a public health emergency pursuant to
Section 7 of the Illinois Emergency Management Agency Act
may voluntarily withdraw from the hearing and another
hearing officer shall be selected or appointed pursuant to
this Section.
(b) Nothing in this Section affects the validity of
removal for cause hearings commenced prior to June 13, 2011
(the effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011 or the
effective date of Public Act 97-8, whichever is later. Any
dismissal instituted prior to the effective date of these
changes must be carried out in accordance with the
requirements of this Section prior to amendment by Public Act

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97-8.
(Source: P.A. 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)