Public Act 103-0354

HB3592 Enrolled LRB103 29766 RJT 56172 b

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 Sections

24-12 and 34-85 as follows:

(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)

Sec. 24-12. Removal or dismissal of teachers in

contractual continued service.

(a) This subsection (a) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided on or before the end of the 2010-2011 school term. If

a teacher in contractual continued service is removed or

dismissed as a result of a decision of the board to decrease

the number of teachers employed by the board or to discontinue

some particular type of teaching service, written notice shall

be mailed to the teacher and also given the teacher either by

certified mail, return receipt requested or personal delivery

with receipt at least 60 days before the end of the school

term, together with a statement of honorable dismissal and the

reason therefor, and in all such cases the board shall first

remove or dismiss all teachers who have not entered upon

contractual continued service before removing or dismissing

any teacher who has entered upon contractual continued service

and who is legally qualified to hold a position currently held

by a teacher who has not entered upon contractual continued

service.

As between teachers who have entered upon contractual

continued service, the teacher or teachers with the shorter

length of continuing service with the district shall be

dismissed first unless an alternative method of determining

the sequence of dismissal is established in a collective

bargaining agreement or contract between the board and a

professional faculty members' organization and except that

this provision shall not impair the operation of any

affirmative action program in the district, regardless of

whether it exists by operation of law or is conducted on a

voluntary basis by the board. Any teacher dismissed as a

result of such decrease or discontinuance shall be paid all

earned compensation on or before the third business day

following the last day of pupil attendance in the regular

school term.

If the board has any vacancies for the following school

term or within one calendar year from the beginning of the

following school term, the positions thereby becoming

available shall be tendered to the teachers so removed or

dismissed so far as they are legally qualified to hold such

positions; provided, however, that if the number of honorable

dismissal notices based on economic necessity exceeds 15% of

the number of full-time equivalent positions filled by

certified employees (excluding principals and administrative

personnel) during the preceding school year, then if the board

has any vacancies for the following school term or within 2

calendar years from the beginning of the following school

term, the positions so becoming available shall be tendered to

the teachers who were so notified and removed or dismissed

whenever they are legally qualified to hold such positions.

Each board shall, in consultation with any exclusive employee

representatives, each year establish a list, categorized by

positions, showing the length of continuing service of each

teacher who is qualified to hold any such positions, unless an

alternative method of determining a sequence of dismissal is

established as provided for in this Section, in which case a

list shall be made in accordance with the alternative method.

Copies of the list shall be distributed to the exclusive

employee representative on or before February 1 of each year.

Whenever the number of honorable dismissal notices based upon

economic necessity exceeds 5, or 150% of the average number of

teachers honorably dismissed in the preceding 3 years,

whichever is more, then the board also shall hold a public

hearing on the question of the dismissals. Following the

hearing and board review, the action to approve any such

reduction shall require a majority vote of the board members.

(b) This subsection (b) applies only to honorable

dismissals and recalls in which the notice of dismissal is

provided during the 2011-2012 school term or a subsequent

school term. If any teacher, whether or not in contractual

continued service, is removed or dismissed as a result of a

decision of a school board to decrease the number of teachers

employed by the board, a decision of a school board to

discontinue some particular type of teaching service, or a

reduction in the number of programs or positions in a special

education joint agreement, then written notice must be mailed

to the teacher and also given to the teacher either by

electronic mail, certified mail, return receipt requested, or

personal delivery with receipt at least 45 days before the end

of the school term, together with a statement of honorable

dismissal and the reason therefor, and in all such cases the

sequence of dismissal shall occur in accordance with this

subsection (b); except that this subsection (b) shall not

impair the operation of any affirmative action program in the

school district, regardless of whether it exists by operation

of law or is conducted on a voluntary basis by the board.

Each teacher must be categorized into one or more

positions for which the teacher is qualified to hold, based

upon legal qualifications and any other qualifications

established in a district or joint agreement job description,

on or before the May 10 prior to the school year during which

the sequence of dismissal is determined. Within each position

and subject to agreements made by the joint committee on

honorable dismissals that are authorized by subsection (c) of

this Section, the school district or joint agreement must

establish 4 groupings of teachers qualified to hold the

position as follows:

(1) Grouping one shall consist of each teacher who is

not in contractual continued service and who (i) has not

received a performance evaluation rating, (ii) is employed

for one school term or less to replace a teacher on leave,

or (iii) is employed on a part-time basis. "Part-time

basis" for the purposes of this subsection (b) means a

teacher who is employed to teach less than a full-day,

teacher workload or less than 5 days of the normal student

attendance week, unless otherwise provided for in a

collective bargaining agreement between the district and

the exclusive representative of the district's teachers.

For the purposes of this Section, a teacher (A) who is

employed as a full-time teacher but who actually teaches

or is otherwise present and participating in the

district's educational program for less than a school term

or (B) who, in the immediately previous school term, was

employed on a full-time basis and actually taught or was

otherwise present and participated in the district's

educational program for 120 days or more is not considered

employed on a part-time basis.

(2) Grouping 2 shall consist of each teacher with a

Needs Improvement or Unsatisfactory performance evaluation

rating on either of the teacher's last 2 performance

evaluation ratings.

(3) Grouping 3 shall consist of each teacher with a

performance evaluation rating of at least Satisfactory or

Proficient on both of the teacher's last 2 performance

evaluation ratings, if 2 ratings are available, or on the

teacher's last performance evaluation rating, if only one

rating is available, unless the teacher qualifies for

placement into grouping 4.

(4) Grouping 4 shall consist of each teacher whose

last 2 performance evaluation ratings are Excellent and

each teacher with 2 Excellent performance evaluation

ratings out of the teacher's last 3 performance evaluation

ratings with a third rating of Satisfactory or Proficient.

Among teachers qualified to hold a position, teachers must

be dismissed in the order of their groupings, with teachers in

grouping one dismissed first and teachers in grouping 4

dismissed last.

Within grouping one, the sequence of dismissal must be at

the discretion of the school district or joint agreement.

Within grouping 2, the sequence of dismissal must be based

upon average performance evaluation ratings, with the teacher

or teachers with the lowest average performance evaluation

rating dismissed first. A teacher's average performance

evaluation rating must be calculated using the average of the

teacher's last 2 performance evaluation ratings, if 2 ratings

are available, or the teacher's last performance evaluation

rating, if only one rating is available, using the following

numerical values: 4 for Excellent; 3 for Proficient or

Satisfactory; 2 for Needs Improvement; and 1 for

Unsatisfactory. As between or among teachers in grouping 2

with the same average performance evaluation rating and within

each of groupings 3 and 4, the teacher or teachers with the

shorter length of continuing service with the school district

or joint agreement must be dismissed first unless an

alternative method of determining the sequence of dismissal is

established in a collective bargaining agreement or contract

between the board and a professional faculty members'

organization.

Each board, including the governing board of a joint

agreement, shall, in consultation with any exclusive employee

representatives, each year establish a sequence of honorable

dismissal list categorized by positions and the groupings

defined in this subsection (b). Copies of the list showing

each teacher by name and categorized by positions and the

groupings defined in this subsection (b) must be distributed

to the exclusive bargaining representative at least 75 days

before the end of the school term, provided that the school

district or joint agreement may, with notice to any exclusive

employee representatives, move teachers from grouping one into

another grouping during the period of time from 75 days until

45 days before the end of the school term. Each year, each

board shall also establish, in consultation with any exclusive

employee representatives, a list showing the length of

continuing service of each teacher who is qualified to hold

any such positions, unless an alternative method of

determining a sequence of dismissal is established as provided

for in this Section, in which case a list must be made in

accordance with the alternative method. Copies of the list

must be distributed to the exclusive employee representative

at least 75 days before the end of the school term.

Any teacher dismissed as a result of such decrease or

discontinuance must be paid all earned compensation on or

before the third business day following the last day of pupil

attendance in the regular school term.

If the board or joint agreement has any vacancies for the

following school term or within one calendar year from the

beginning of the following school term, the positions thereby

becoming available must be tendered to the teachers so removed

or dismissed who were in grouping 3 or 4 of the sequence of

dismissal and are qualified to hold the positions, based upon

legal qualifications and any other qualifications established

in a district or joint agreement job description, on or before

the May 10 prior to the date of the positions becoming

available, provided that if the number of honorable dismissal

notices based on economic necessity exceeds 15% of the number

of full-time equivalent positions filled by certified

employees (excluding principals and administrative personnel)

during the preceding school year, then the recall period is

for the following school term or within 2 calendar years from

the beginning of the following school term. If the board or

joint agreement has any vacancies within the period from the

beginning of the following school term through February 1 of

the following school term (unless a date later than February

1, but no later than 6 months from the beginning of the

following school term, is established in a collective

bargaining agreement), the positions thereby becoming

available must be tendered to the teachers so removed or

dismissed who were in grouping 2 of the sequence of dismissal

due to one "needs improvement" rating on either of the

teacher's last 2 performance evaluation ratings, provided

that, if 2 ratings are available, the other performance

evaluation rating used for grouping purposes is

"satisfactory", "proficient", or "excellent", and are

qualified to hold the positions, based upon legal

qualifications and any other qualifications established in a

district or joint agreement job description, on or before the

May 10 prior to the date of the positions becoming available.

On and after July 1, 2014 (the effective date of Public Act

98-648), the preceding sentence shall apply to teachers

removed or dismissed by honorable dismissal, even if notice of

honorable dismissal occurred during the 2013-2014 school year.

Among teachers eligible for recall pursuant to the preceding

sentence, the order of recall must be in inverse order of

dismissal, unless an alternative order of recall is

established in a collective bargaining agreement or contract

between the board and a professional faculty members'

organization. Whenever the number of honorable dismissal

notices based upon economic necessity exceeds 5 notices or

150% of the average number of teachers honorably dismissed in

the preceding 3 years, whichever is more, then the school

board or governing board of a joint agreement, as applicable,

shall also hold a public hearing on the question of the

dismissals. Following the hearing and board review, the action

to approve any such reduction shall require a majority vote of

the board members.

For purposes of this subsection (b), subject to agreement

on an alternative definition reached by the joint committee

described in subsection (c) of this Section, a teacher's

performance evaluation rating means the overall performance

evaluation rating resulting from an annual or biennial

performance evaluation conducted pursuant to Article 24A of

this Code by the school district or joint agreement

determining the sequence of dismissal, not including any

performance evaluation conducted during or at the end of a

remediation period. No more than one evaluation rating each

school term shall be one of the evaluation ratings used for the

purpose of determining the sequence of dismissal. Except as

otherwise provided in this subsection for any performance

evaluations conducted during or at the end of a remediation

period, if multiple performance evaluations are conducted in a

school term, only the rating from the last evaluation

conducted prior to establishing the sequence of honorable

dismissal list in such school term shall be the one evaluation

rating from that school term used for the purpose of

determining the sequence of dismissal. Averaging ratings from

multiple evaluations is not permitted unless otherwise agreed

to in a collective bargaining agreement or contract between

the board and a professional faculty members' organization.

The preceding 3 sentences are not a legislative declaration

that existing law does or does not already require that only

one performance evaluation each school term shall be used for

the purpose of determining the sequence of dismissal. For

performance evaluation ratings determined prior to September

1, 2012, any school district or joint agreement with a

performance evaluation rating system that does not use either

of the rating category systems specified in subsection (d) of

Section 24A-5 of this Code for all teachers must establish a

basis for assigning each teacher a rating that complies with

subsection (d) of Section 24A-5 of this Code for all of the

performance evaluation ratings that are to be used to

determine the sequence of dismissal. A teacher's grouping and

ranking on a sequence of honorable dismissal shall be deemed a

part of the teacher's performance evaluation, and that

information shall be disclosed to the exclusive bargaining

representative as part of a sequence of honorable dismissal

list, notwithstanding any laws prohibiting disclosure of such

information. A performance evaluation rating may be used to

determine the sequence of dismissal, notwithstanding the

pendency of any grievance resolution or arbitration procedures

relating to the performance evaluation. If a teacher has

received at least one performance evaluation rating conducted

by the school district or joint agreement determining the

sequence of dismissal and a subsequent performance evaluation

is not conducted in any school year in which such evaluation is

required to be conducted under Section 24A-5 of this Code, the

teacher's performance evaluation rating for that school year

for purposes of determining the sequence of dismissal is

deemed Proficient, except that, during any time in which the

Governor has declared a disaster due to a public health

emergency pursuant to Section 7 of the Illinois Emergency

Management Agency Act, this default to Proficient does not

apply to any teacher who has entered into contractual

continued service and who was deemed Excellent on his or her

most recent evaluation. During any time in which the Governor

has declared a disaster due to a public health emergency

pursuant to Section 7 of the Illinois Emergency Management

Agency Act and unless the school board and any exclusive

bargaining representative have completed the performance

rating for teachers or have mutually agreed to an alternate

performance rating, any teacher who has entered into

contractual continued service, whose most recent evaluation

was deemed Excellent, and whose performance evaluation is not

conducted when the evaluation is required to be conducted

shall receive a teacher's performance rating deemed Excellent.

A school board and any exclusive bargaining representative may

mutually agree to an alternate performance rating for teachers

not in contractual continued service during any time in which

the Governor has declared a disaster due to a public health

emergency pursuant to Section 7 of the Illinois Emergency

Management Agency Act, as long as the agreement is in writing.

If a performance evaluation rating is nullified as the result

of an arbitration, administrative agency, or court

determination, then the school district or joint agreement is

deemed to have conducted a performance evaluation for that

school year, but the performance evaluation rating may not be

used in determining the sequence of dismissal.

Nothing in this subsection (b) shall be construed as

limiting the right of a school board or governing board of a

joint agreement to dismiss a teacher not in contractual

continued service in accordance with Section 24-11 of this

Code.

Any provisions regarding the sequence of honorable

dismissals and recall of honorably dismissed teachers in a

collective bargaining agreement entered into on or before

January 1, 2011 and in effect on June 13, 2011 (the effective

date of Public Act 97-8) that may conflict with Public Act 97-8

shall remain in effect through the expiration of such

agreement or June 30, 2013, whichever is earlier.

(c) Each school district and special education joint

agreement must use a joint committee composed of equal

representation selected by the school board and its teachers

or, if applicable, the exclusive bargaining representative of

its teachers, to address the matters described in paragraphs

(1) through (5) of this subsection (c) pertaining to honorable

dismissals under subsection (b) of this Section.

(1) The joint committee must consider and may agree to

criteria for excluding from grouping 2 and placing into

grouping 3 a teacher whose last 2 performance evaluations

include a Needs Improvement and either a Proficient or

Excellent.

(2) The joint committee must consider and may agree to

an alternative definition for grouping 4, which definition

must take into account prior performance evaluation

ratings and may take into account other factors that

relate to the school district's or program's educational

objectives. An alternative definition for grouping 4 may

not permit the inclusion of a teacher in the grouping with

a Needs Improvement or Unsatisfactory performance

evaluation rating on either of the teacher's last 2

performance evaluation ratings.

(3) The joint committee may agree to including within

the definition of a performance evaluation rating a

performance evaluation rating administered by a school

district or joint agreement other than the school district

or joint agreement determining the sequence of dismissal.

(4) For each school district or joint agreement that

administers performance evaluation ratings that are

inconsistent with either of the rating category systems

specified in subsection (d) of Section 24A-5 of this Code,

the school district or joint agreement must consult with

the joint committee on the basis for assigning a rating

that complies with subsection (d) of Section 24A-5 of this

Code to each performance evaluation rating that will be

used in a sequence of dismissal.

(5) Upon request by a joint committee member submitted

to the employing board by no later than 10 days after the

distribution of the sequence of honorable dismissal list,

a representative of the employing board shall, within 5

days after the request, provide to members of the joint

committee a list showing the most recent and prior

performance evaluation ratings of each teacher identified

only by length of continuing service in the district or

joint agreement and not by name. If, after review of this

list, a member of the joint committee has a good faith

belief that a disproportionate number of teachers with

greater length of continuing service with the district or

joint agreement have received a recent performance

evaluation rating lower than the prior rating, the member

may request that the joint committee review the list to

assess whether such a trend may exist. Following the joint

committee's review, but by no later than the end of the

applicable school term, the joint committee or any member

or members of the joint committee may submit a report of

the review to the employing board and exclusive bargaining

representative, if any. Nothing in this paragraph (5)

shall impact the order of honorable dismissal or a school

district's or joint agreement's authority to carry out a

dismissal in accordance with subsection (b) of this

Section.

Agreement by the joint committee as to a matter requires

the majority vote of all committee members, and if the joint

committee does not reach agreement on a matter, then the

otherwise applicable requirements of subsection (b) of this

Section shall apply. Except as explicitly set forth in this

subsection (c), a joint committee has no authority to agree to

any further modifications to the requirements for honorable

dismissals set forth in subsection (b) of this Section. The

joint committee must be established, and the first meeting of

the joint committee each school year must occur on or before

December 1.

The joint committee must reach agreement on a matter on or

before February 1 of a school year in order for the agreement

of the joint committee to apply to the sequence of dismissal

determined during that school year. Subject to the February 1

deadline for agreements, the agreement of a joint committee on

a matter shall apply to the sequence of dismissal until the

agreement is amended or terminated by the joint committee.

The provisions of the Open Meetings Act shall not apply to

meetings of a joint committee created under this subsection

(c).

(d) Notwithstanding anything to the contrary in this

subsection (d), the requirements and dismissal procedures of

Section 24-16.5 of this Code shall apply to any dismissal

sought under Section 24-16.5 of this Code.

(1) If a dismissal of a teacher in contractual

continued service is sought for any reason or cause other

than an honorable dismissal under subsections (a) or (b)

of this Section or a dismissal sought under Section

24-16.5 of this Code, including those under Section

10-22.4, the board must first approve a motion containing

specific charges by a majority vote of all its members.

Written notice of such charges, including a bill of

particulars and the teacher's right to request a hearing,

must be mailed to the teacher and also given to the teacher

either by electronic mail, certified mail, return receipt

requested, or personal delivery with receipt within 5 days

of the adoption of the motion. Any written notice sent on

or after July 1, 2012 shall inform the teacher 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 and the board, or a hearing

before a board-selected hearing officer, with the cost of

the hearing officer paid by the board.

Before setting a hearing on charges stemming from

causes that are considered remediable, a board must give

the teacher 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.

If, in the opinion of the board, the interests of the

school require it, the board may suspend the teacher

without pay, pending the hearing, but if the board's

dismissal or removal is not sustained, the teacher shall

not suffer the loss of any salary or benefits by reason of

the suspension.

(2) No hearing upon the charges is required unless the

teacher within 17 days after receiving notice requests in

writing of the board that a hearing be scheduled before a

mutually selected hearing officer or a hearing officer

selected by the board. The secretary of the school board

shall forward a copy of the notice to the State Board of

Education.

(3) Within 5 business days after receiving a notice of

hearing in which either notice to the teacher was sent

before July 1, 2012 or, if the notice was sent on or after

July 1, 2012, the teacher has requested a hearing before a

mutually selected hearing officer, the State Board of

Education shall provide a list of 5 prospective, impartial

hearing officers from the master list of qualified,

impartial hearing officers maintained by the State Board

of Education. Each person on the master list must (i) be

accredited by a national arbitration organization and have

had a minimum of 5 years of experience directly related to

labor and employment relations matters between employers

and employees or their exclusive 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.

If notice to the teacher was sent before July 1, 2012

or, if the notice was sent on or after July 1, 2012, the

teacher has requested a hearing before a mutually selected

hearing officer, the board and the teacher or their legal

representatives within 3 business days shall alternately

strike one name from the list provided by the State Board

of Education until only one name remains. Unless waived by

the teacher, the teacher shall have the right to proceed

first with the striking. Within 3 business days of receipt

of the list provided by the State Board of Education, the

board and the teacher or their legal representatives shall

each have the right to reject all prospective hearing

officers named on the list and notify the State Board of

Education of such rejection. Within 3 business days after

receiving this notification, the State Board of Education

shall appoint a qualified person from the master list who

did not appear on the list sent to the parties to serve as

the hearing officer, unless the parties notify it that

they have chosen to alternatively select a hearing officer

under paragraph (4) of this subsection (d).

If the teacher has requested a hearing before a

hearing officer selected by the board, the board shall

select one name from the master list of qualified

impartial hearing officers maintained by the State Board

of Education within 3 business days after receipt and

shall notify the State Board of Education of its

selection.

A hearing officer mutually selected by the parties,

selected by the board, or selected through an alternative

selection process under paragraph (4) of this subsection

(d) (A) must not be a resident of the school district, (B)

must be available to commence the hearing within 75 days

and conclude the hearing within 120 days after being

selected as the hearing officer, and (C) must issue a

decision as to whether the teacher must be dismissed and

give a copy of that decision to both the teacher and the

board within 30 days from the conclusion of the hearing or

closure of the record, whichever is later.

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.

In this paragraph, "pre-hearing procedures" refers to

the pre-hearing procedures under Section 51.55 of Title 23

of the Illinois Administrative Code and "hearing" refers

to the hearing under Section 51.60 of Title 23 of the

Illinois Administrative Code. Any teacher who has been

charged with engaging in acts of corporal punishment,

physical abuse, grooming, or sexual misconduct and who

previously paused pre-hearing procedures or a hearing

pursuant to Public Act 101-643 must proceed with selection

of a hearing officer or hearing date, or both, within the

timeframes established by this paragraph (3) and

paragraphs (4) through (6) of this subsection (d), unless

the timeframes are mutually waived in writing by both

parties, and all timelines set forth in this Section in

cases concerning corporal punishment, physical abuse,

grooming, or sexual misconduct shall be reset to begin the

day after the effective date of this amendatory Act of the

102nd General Assembly. Any teacher charged with engaging

in acts of corporal punishment, physical abuse, grooming,

or sexual misconduct on or after the effective date of

this amendatory Act of the 102nd General Assembly may not

pause pre-hearing procedures or a hearing.

(4) In the alternative to selecting a hearing officer

from the list received from the State Board of Education

or accepting the appointment of a hearing officer by the

State Board of Education or if the State Board of

Education cannot provide a list or appoint a hearing

officer that meets the foregoing requirements, the board

and the teacher or their legal representatives may

mutually agree to select an impartial hearing officer who

is not on the master list either by direct appointment by

the parties or by using procedures for the appointment of

an arbitrator established by the Federal Mediation and

Conciliation Service or the American Arbitration

Association. The parties shall notify the State Board of

Education of their intent to select a hearing officer

using an alternative procedure within 3 business days of

receipt of a list of prospective hearing officers provided

by the State Board of Education, notice of appointment of

a hearing officer by the State Board of Education, or

receipt of notice from the State Board of Education that

it cannot provide a list that meets the foregoing

requirements, whichever is later.

(5) If the notice of dismissal was sent to the teacher

before July 1, 2012, the fees and costs for the hearing

officer must be paid by the State Board of Education. If

the notice of dismissal was sent to the teacher on or after

July 1, 2012, the hearing officer's fees and costs must be

paid as follows in this paragraph (5). The fees and

permissible costs for the hearing officer must be

determined by the State Board of Education. If the board

and the teacher or their legal representatives mutually

agree to select an impartial hearing officer who is not on

a list received from the State Board of Education, they

may agree to supplement the fees determined by the State

Board to the hearing officer, at a rate consistent with

the hearing officer's published professional fees. If the

hearing officer is mutually selected by the parties, then

the board and the teacher or their legal representatives

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 board, then the board shall pay

100% of the hearing officer's fees and costs. The fees and

costs must be paid to the hearing officer within 14 days

after the board and the teacher or their legal

representatives receive the hearing officer's decision set

forth in paragraph (7) of this subsection (d).

(6) The teacher is required to answer the bill of

particulars and aver affirmative matters in his or her

defense, and the time for initially doing so and the time

for updating such answer and defenses after pre-hearing

discovery must be set by the hearing officer. The State

Board of Education shall promulgate rules so that each

party has a fair opportunity to present its case and to

ensure that the dismissal process proceeds in a fair and

expeditious manner. These rules shall address, without

limitation, discovery and hearing scheduling conferences;

the teacher's initial answer and affirmative defenses to

the bill of particulars and the updating of that

information after pre-hearing discovery; provision for

written interrogatories and requests for production of

documents; the requirement that each party initially

disclose to the other party and then update the disclosure

no later than 10 calendar days prior to the commencement

of the hearing, 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 on

behalf of each party to no more than 7; the length of

post-hearing briefs; and the form, length, and content of

hearing officers' decisions. The hearing officer shall

hold a hearing and render a final decision for dismissal

pursuant to Article 24A of this Code or shall report to the

school board findings of fact and a recommendation as to

whether or not the teacher must be dismissed for conduct.

The hearing officer shall commence the hearing within 75

days and conclude the hearing within 120 days after being

selected as the hearing officer, provided that the hearing

officer may modify these timelines upon the showing of

good cause or mutual agreement of the parties. Good cause

for the purpose of this subsection (d) 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 pursuant to Article 24A of this Code 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 (6.5) 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.

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 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

responsible for paying the fees and costs of the hearing

officer. Either party desiring a transcript of the hearing

shall pay for the cost thereof. Any post-hearing briefs

must be submitted by the parties by no later than 21 days

after a party's receipt of the transcript of the hearing,

unless extended by the hearing officer for good cause or

by mutual agreement of the parties.

(6.5) In the case of charges involving any witness who

is or was at the time of the alleged conduct sexual abuse

or severe physical abuse of a student or a person under the

age of 18, the hearing officer shall make accommodations

alternative hearing procedures to protect a witness who is

a student or who is under the age of 18 from being

intimidated, or traumatized, or re-traumatized. No alleged

victim or other witness who is or was at the time of the

alleged conduct a student or under the age of 18 may be

compelled to testify in the physical or visual presence of

a teacher or other witness. If such a witness invokes this

right, then the hearing officer must provide an

accommodation consistent with the invoked right and use a

procedure by which each party may hear such witness'

testimony. Accommodations 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 or visual

presence of the teacher and other hearing participants,

but accessible to the teacher via a telecommunication

device, (ii) testimony made in the hearing room but

outside the physical presence of the teacher and

accessible to the teacher via a telecommunication device,

or (iii) non-public testimony, (iv) testimony made via

videoconference with the cameras and microphones of the

teacher turned off, or (v) pre-recorded testimony,

including, but not limited to, a recording of a forensic

interview conducted at an accredited Children's Advocacy

Center. With all accommodations, the hearing officer shall

give such testimony the same consideration as if the

witness testified without the accommodation. The teacher

may not directly, or through a representative, question a

witness called by the school board who is or was a student

or under 18 years of age at the time of the alleged

conduct. The hearing officer must permit the teacher to

submit all relevant questions and follow-up questions for

such a witness to have the questions posed by the hearing

officer. During a testimony described under this

subsection, each party must 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.

(7) The hearing officer shall, within 30 days from the

conclusion of the hearing or closure of the record,

whichever is later, make a decision as to whether or not

the teacher shall be dismissed pursuant to Article 24A of

this Code or report to the school board findings of fact

and a recommendation as to whether or not the teacher

shall be dismissed for cause and shall give a copy of the

decision or findings of fact and recommendation to both

the teacher and the school board. If a hearing officer

fails without good cause, specifically provided in writing

to both parties and the State Board of Education, to

render a decision or findings of fact and recommendation

within 30 days after the hearing is concluded or the

record is closed, whichever is later, the parties may

mutually agree to select a hearing officer pursuant to the

alternative procedure, as provided in this Section, to

rehear the charges heard by the hearing officer who failed

to render a decision or findings of fact and

recommendation or to review the record and render a

decision. If any hearing officer fails without good cause,

specifically provided in writing to both parties and the

State Board of Education, to render a decision or findings

of fact and recommendation within 30 days after the

hearing is concluded or the record is closed, whichever is

later or if any hearing officer fails to make an

accommodation as described in paragraph (6.5), the hearing

officer shall be removed from the master list of hearing

officers maintained by the State Board of Education for

not more than 24 months. The parties and the State Board of

Education may also take such other actions as it deems

appropriate, including recovering, reducing, or

withholding any fees paid or to be paid to the hearing

officer. If any hearing officer repeats such failure, he

or she must be permanently removed from the master list

maintained by the State Board of Education and may not be

selected by parties through the alternative selection

process under this paragraph (7) or paragraph (4) of this

subsection (d). The board shall not lose jurisdiction to

discharge a teacher if the hearing officer fails to render

a decision or findings of fact and recommendation within

the time specified in this Section. If the decision of the

hearing officer for dismissal pursuant to Article 24A of

this Code or of the school board for dismissal for cause is

in favor of the teacher, then the hearing officer or

school board shall order reinstatement to the same or

substantially equivalent position and shall determine the

amount for which the school board is liable, including,

but not limited to, loss of income and benefits.

(8) The school board, within 45 days after receipt of

the hearing officer's findings of fact and recommendation

as to whether (i) the conduct at issue occurred, (ii) the

conduct that did occur was remediable, and (iii) the

proposed dismissal should be sustained, shall issue a

written order as to whether the teacher must be retained

or dismissed for cause from its employ. The school board's

written order shall incorporate the hearing officer's

findings of fact, except that the school board may modify

or supplement the findings of fact if, in its opinion, the

findings of fact are against the manifest weight of the

evidence.

If the school board dismisses the teacher

notwithstanding the hearing officer's findings of fact and

recommendation, the school board shall make a conclusion

in its written order, giving its reasons therefor, and

such conclusion and reasons must be included in its

written order. The failure of the school board to strictly

adhere to the timelines contained in this Section shall

not render it without jurisdiction to dismiss the teacher.

The school board shall not lose jurisdiction to discharge

the teacher for cause if the hearing officer fails to

render a recommendation within the time specified in this

Section. The decision of the school board is final, unless

reviewed as provided in paragraph (9) of this subsection

(d).

If the school board retains the teacher, the school

board shall enter a written order stating the amount of

back pay and lost benefits, less mitigation, to be paid to

the teacher, within 45 days after its retention order.

Should the teacher object to the amount of the back pay and

lost benefits or amount mitigated, the teacher shall give

written objections to the amount within 21 days. If the

parties fail to reach resolution within 7 days, the

dispute shall be referred to the hearing officer, who

shall consider the school board's written order and

teacher's written objection and determine the amount to

which the school board is liable. The costs of the hearing

officer's review and determination must be paid by the

board.

(9) The decision of the hearing officer pursuant to

Article 24A of this Code or of the school board's decision

to dismiss for cause is final unless reviewed as provided

in Section 24-16 of this Code. If the school board's

decision to dismiss for cause is contrary to the hearing

officer's recommendation, the court on review shall give

consideration to the school board's decision and its

supplemental findings of fact, if applicable, and the

hearing officer's findings of fact and recommendation in

making its decision. In the event such review is

instituted, the school board shall be responsible for

preparing and filing the record of proceedings, and such

costs associated therewith must be divided equally between

the parties.

(10) If a decision of the hearing officer for

dismissal pursuant to Article 24A of this Code or of the

school board for dismissal for cause is adjudicated upon

review or appeal in favor of the teacher, then the trial

court shall order reinstatement and shall remand the

matter to the school board with direction for entry of an

order setting the amount of back pay, lost benefits, and

costs, less mitigation. The teacher may challenge the

school board's order setting the amount of back pay, lost

benefits, and costs, less mitigation, through an expedited

arbitration procedure, with the costs of the arbitrator

borne by the school board.

Any teacher who is reinstated by any hearing or

adjudication brought under this Section shall be assigned

by the board to a position substantially similar to the

one which that teacher held prior to that teacher's

suspension or dismissal.

(11) Subject to any later effective date referenced in

this Section for a specific aspect of the dismissal

process, the changes made by Public Act 97-8 shall apply

to dismissals instituted on or after September 1, 2011.

Any dismissal instituted prior to September 1, 2011 must

be carried out in accordance with the requirements of this

Section prior to amendment by Public Act 97-8.

(e) Nothing contained in Public Act 98-648 repeals,

supersedes, invalidates, or nullifies final decisions in

lawsuits pending on July 1, 2014 (the effective date of Public

Act 98-648) in Illinois courts involving the interpretation of

Public Act 97-8.

(Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;

101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)

(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 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

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

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

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

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

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

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

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

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 any witness who

is or was at the time of the alleged conduct sexual abuse

or severe physical abuse of a student or a person under the

age of 18, the hearing officer shall make accommodations

alternative hearing procedures to protect a witness who is

a student or who is under the age of 18 from being

intimidated, or traumatized, or re-traumatized. No alleged

victim or other witness who is or was at the time of the

alleged conduct a student or under the age of 18 may be

compelled to testify in the physical or visual presence of

a teacher or other witness. If such a witness invokes this

right, then the hearing officer must provide an

accommodation consistent with the invoked right and use a

procedure by which each party may hear such witness'

testimony. Accommodations 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 or visual

presence of the teacher or principal and other hearing

participants, but accessible to the teacher via a

telecommunication device, (ii) testimony made in the

hearing room but outside the physical presence of the

teacher or principal and accessible to the teacher via a

telecommunication device, or (iii) non-public testimony,

(iv) testimony made via videoconference with the cameras

and microphones of the teacher turned off, or (v)

pre-recorded testimony, including, but not limited to, a

recording of a forensic interview conducted at an

accredited Children's Advocacy Center. With all

accommodations, the hearing officer shall give such

testimony the same consideration as if the witness

testified without the accommodation. The teacher may not

directly, or through a representative, question a witness

called by the school board who is or was a student or under

18 years of age at the time of the alleged conduct. The

hearing officer must permit the teacher to submit all

relevant questions and follow-up questions for such a

witness to have the questions posed by the hearing

officer. During a testimony described under this

subsection, each party must 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.

(6.5) If any hearing officer fails without good cause,

specifically provided in writing to both parties and the

State Board of Education, to render findings of fact and

recommendation within 90 days after the closing of the

record and receipt of post-hearing briefs, or if any

hearing officer fails to make an accommodation pursuant to

paragraph (5.5) of this subsection (a), the hearing

officer shall be removed from the list of hearing officers

developed pursuant to paragraph (3) of this subsection (a)

and the master list of qualified hearing officers

maintained by the State Board of Education for not more

than 24 months. The parties and the State Board of

Education may also take such other actions as it deems

appropriate, including recovering, reducing, or

withholding any fees paid or to be paid to the hearing

officer. If any hearing officer repeats such failure, he

or she must be permanently removed from the list of

hearing officers developed described in paragraph (3) and

the master list maintained by the State Board of Education

and may not be selected by parties. The board shall not

lose jurisdiction to discharge a teacher or principal if

the hearing officer fails to render findings of fact and

recommendation within the time specified in this Section.

(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

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) 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.

In this paragraph, "pre-hearing procedures" refers to

the pre-hearing procedures under Section 51.55 of Title 23

of the Illinois Administrative Code and "hearing" refers

to the hearing under Section 51.60 of Title 23 of the

Illinois Administrative Code. Any teacher or principal who

has been charged with engaging in acts of corporal

punishment, physical abuse, grooming, or sexual misconduct

and who previously paused pre-hearing procedures or a

hearing pursuant to Public Act 101-643 must proceed with

selection of a hearing officer or hearing date, or both,

within the timeframes established by paragraphs (3)

through (5) of this subsection (a), unless the timeframes

are mutually waived in writing by both parties, and all

timelines set forth in this Section in cases concerning

corporal punishment, physical abuse, grooming, or sexual

misconduct shall be reset to begin the day after the

effective date of this amendatory Act of the 102nd General

Assembly. Any teacher or principal charged with engaging

in acts of corporal punishment, physical abuse, grooming,

or sexual misconduct on or after the effective date of

this amendatory Act of the 102nd General Assembly may not

pause pre-hearing procedures or a hearing.

(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

97-8.

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

102-708, eff. 4-22-22.)