Bill Text: IL HB3829 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the School Code. Provides that the Open Meetings Act does not apply to meetings of a joint committee formed under certain provisions of the Code. Amends the Illinois Educational Labor Relations Act. Provides that negotiating team strategy sessions are included in an exception to the Open Meetings Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3829 Detail]

Download: Illinois-2017-HB3829-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3829

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:
105 ILCS 5/24-12 from Ch. 122, par. 24-12
105 ILCS 5/24A-4 from Ch. 122, par. 24A-4
115 ILCS 5/18 from Ch. 48, par. 1718

Amends the School Code. Provides that the Open Meetings Act does not apply to meetings of a joint committee formed under certain provisions of the Code. Amends the Illinois Educational Labor Relations Act. Provides that negotiating team strategy sessions are included in an exception to the Open Meetings Act.
LRB100 10526 MLM 20742 b

A BILL FOR

HB3829LRB100 10526 MLM 20742 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
524-12 and 24A-4 as follows:
6 (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
7 Sec. 24-12. Removal or dismissal of teachers in contractual
8continued service.
9 (a) This subsection (a) applies only to honorable
10dismissals and recalls in which the notice of dismissal is
11provided on or before the end of the 2010-2011 school term. If
12a teacher in contractual continued service is removed or
13dismissed as a result of a decision of the board to decrease
14the number of teachers employed by the board or to discontinue
15some particular type of teaching service, written notice shall
16be mailed to the teacher and also given the teacher either by
17certified mail, return receipt requested or personal delivery
18with receipt at least 60 days before the end of the school
19term, together with a statement of honorable dismissal and the
20reason therefor, and in all such cases the board shall first
21remove or dismiss all teachers who have not entered upon
22contractual continued service before removing or dismissing
23any teacher who has entered upon contractual continued service

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1and who is legally qualified to hold a position currently held
2by a teacher who has not entered upon contractual continued
3service.
4 As between teachers who have entered upon contractual
5continued service, the teacher or teachers with the shorter
6length of continuing service with the district shall be
7dismissed first unless an alternative method of determining the
8sequence of dismissal is established in a collective bargaining
9agreement or contract between the board and a professional
10faculty members' organization and except that this provision
11shall not impair the operation of any affirmative action
12program in the district, regardless of whether it exists by
13operation of law or is conducted on a voluntary basis by the
14board. Any teacher dismissed as a result of such decrease or
15discontinuance shall be paid all earned compensation on or
16before the third business day following the last day of pupil
17attendance in the regular school term.
18 If the board has any vacancies for the following school
19term or within one calendar year from the beginning of the
20following school term, the positions thereby becoming
21available shall be tendered to the teachers so removed or
22dismissed so far as they are legally qualified to hold such
23positions; provided, however, that if the number of honorable
24dismissal notices based on economic necessity exceeds 15% of
25the number of full time equivalent positions filled by
26certified employees (excluding principals and administrative

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1personnel) during the preceding school year, then if the board
2has any vacancies for the following school term or within 2
3calendar years from the beginning of the following school term,
4the positions so becoming available shall be tendered to the
5teachers who were so notified and removed or dismissed whenever
6they are legally qualified to hold such positions. Each board
7shall, in consultation with any exclusive employee
8representatives, each year establish a list, categorized by
9positions, showing the length of continuing service of each
10teacher who is qualified to hold any such positions, unless an
11alternative method of determining a sequence of dismissal is
12established as provided for in this Section, in which case a
13list shall be made in accordance with the alternative method.
14Copies of the list shall be distributed to the exclusive
15employee representative on or before February 1 of each year.
16Whenever the number of honorable dismissal notices based upon
17economic necessity exceeds 5, or 150% of the average number of
18teachers honorably dismissed in the preceding 3 years,
19whichever is more, then the board also shall hold a public
20hearing on the question of the dismissals. Following the
21hearing and board review the action to approve any such
22reduction shall require a majority vote of the board members.
23 (b) This subsection (b) applies only to honorable
24dismissals and recalls in which the notice of dismissal is
25provided during the 2011-2012 school term or a subsequent
26school term. If any teacher, whether or not in contractual

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1continued service, is removed or dismissed as a result of a
2decision of a school board to decrease the number of teachers
3employed by the board, a decision of a school board to
4discontinue some particular type of teaching service, or a
5reduction in the number of programs or positions in a special
6education joint agreement, then written notice must be mailed
7to the teacher and also given to the teacher either by
8certified mail, return receipt requested, or personal delivery
9with receipt at least 45 days before the end of the school
10term, together with a statement of honorable dismissal and the
11reason therefor, and in all such cases the sequence of
12dismissal shall occur in accordance with this subsection (b);
13except that this subsection (b) shall not impair the operation
14of any affirmative action program in the school district,
15regardless of whether it exists by operation of law or is
16conducted on a voluntary basis by the board.
17 Each teacher must be categorized into one or more positions
18for which the teacher is qualified to hold, based upon legal
19qualifications and any other qualifications established in a
20district or joint agreement job description, on or before the
21May 10 prior to the school year during which the sequence of
22dismissal is determined. Within each position and subject to
23agreements made by the joint committee on honorable dismissals
24that are authorized by subsection (c) of this Section, the
25school district or joint agreement must establish 4 groupings
26of teachers qualified to hold the position as follows:

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1 (1) Grouping one shall consist of each teacher who is
2 not in contractual continued service and who (i) has not
3 received a performance evaluation rating, (ii) is employed
4 for one school term or less to replace a teacher on leave,
5 or (iii) is employed on a part-time basis. "Part-time
6 basis" for the purposes of this subsection (b) means a
7 teacher who is employed to teach less than a full-day,
8 teacher workload or less than 5 days of the normal student
9 attendance week, unless otherwise provided for in a
10 collective bargaining agreement between the district and
11 the exclusive representative of the district's teachers.
12 For the purposes of this Section, a teacher (A) who is
13 employed as a full-time teacher but who actually teaches or
14 is otherwise present and participating in the district's
15 educational program for less than a school term or (B) who,
16 in the immediately previous school term, was employed on a
17 full-time basis and actually taught or was otherwise
18 present and participated in the district's educational
19 program for 120 days or more is not considered employed on
20 a part-time basis.
21 (2) Grouping 2 shall consist of each teacher with a
22 Needs Improvement or Unsatisfactory performance evaluation
23 rating on either of the teacher's last 2 performance
24 evaluation ratings.
25 (3) Grouping 3 shall consist of each teacher with a
26 performance evaluation rating of at least Satisfactory or

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1 Proficient on both of the teacher's last 2 performance
2 evaluation ratings, if 2 ratings are available, or on the
3 teacher's last performance evaluation rating, if only one
4 rating is available, unless the teacher qualifies for
5 placement into grouping 4.
6 (4) Grouping 4 shall consist of each teacher whose last
7 2 performance evaluation ratings are Excellent and each
8 teacher with 2 Excellent performance evaluation ratings
9 out of the teacher's last 3 performance evaluation ratings
10 with a third rating of Satisfactory or Proficient.
11 Among teachers qualified to hold a position, teachers must
12be dismissed in the order of their groupings, with teachers in
13grouping one dismissed first and teachers in grouping 4
14dismissed last.
15 Within grouping one, the sequence of dismissal must be at
16the discretion of the school district or joint agreement.
17Within grouping 2, the sequence of dismissal must be based upon
18average performance evaluation ratings, with the teacher or
19teachers with the lowest average performance evaluation rating
20dismissed first. A teacher's average performance evaluation
21rating must be calculated using the average of the teacher's
22last 2 performance evaluation ratings, if 2 ratings are
23available, or the teacher's last performance evaluation
24rating, if only one rating is available, using the following
25numerical values: 4 for Excellent; 3 for Proficient or
26Satisfactory; 2 for Needs Improvement; and 1 for

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1Unsatisfactory. As between or among teachers in grouping 2 with
2the same average performance evaluation rating and within each
3of groupings 3 and 4, the teacher or teachers with the shorter
4length of continuing service with the school district or joint
5agreement must be dismissed first unless an alternative method
6of determining the sequence of dismissal is established in a
7collective bargaining agreement or contract between the board
8and a professional faculty members' organization.
9 Each board, including the governing board of a joint
10agreement, shall, in consultation with any exclusive employee
11representatives, each year establish a sequence of honorable
12dismissal list categorized by positions and the groupings
13defined in this subsection (b). Copies of the list showing each
14teacher by name and categorized by positions and the groupings
15defined in this subsection (b) must be distributed to the
16exclusive bargaining representative at least 75 days before the
17end of the school term, provided that the school district or
18joint agreement may, with notice to any exclusive employee
19representatives, move teachers from grouping one into another
20grouping during the period of time from 75 days until 45 days
21before the end of the school term. Each year, each board shall
22also establish, in consultation with any exclusive employee
23representatives, a list showing the length of continuing
24service of each teacher who is qualified to hold any such
25positions, unless an alternative method of determining a
26sequence of dismissal is established as provided for in this

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1Section, in which case a list must be made in accordance with
2the alternative method. Copies of the list must be distributed
3to the exclusive employee representative at least 75 days
4before the end of the school term.
5 Any teacher dismissed as a result of such decrease or
6discontinuance must be paid all earned compensation on or
7before the third business day following the last day of pupil
8attendance in the regular school term.
9 If the board or joint agreement has any vacancies for the
10following school term or within one calendar year from the
11beginning of the following school term, the positions thereby
12becoming available must be tendered to the teachers so removed
13or dismissed who were in groupings 3 or 4 of the sequence of
14dismissal and are qualified to hold the positions, based upon
15legal qualifications and any other qualifications established
16in a district or joint agreement job description, on or before
17the May 10 prior to the date of the positions becoming
18available, provided that if the number of honorable dismissal
19notices based on economic necessity exceeds 15% of the number
20of full-time equivalent positions filled by certified
21employees (excluding principals and administrative personnel)
22during the preceding school year, then the recall period is for
23the following school term or within 2 calendar years from the
24beginning of the following school term. If the board or joint
25agreement has any vacancies within the period from the
26beginning of the following school term through February 1 of

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1the following school term (unless a date later than February 1,
2but no later than 6 months from the beginning of the following
3school term, is established in a collective bargaining
4agreement), the positions thereby becoming available must be
5tendered to the teachers so removed or dismissed who were in
6grouping 2 of the sequence of dismissal due to one "needs
7improvement" rating on either of the teacher's last 2
8performance evaluation ratings, provided that, if 2 ratings are
9available, the other performance evaluation rating used for
10grouping purposes is "satisfactory", "proficient", or
11"excellent", and are qualified to hold the positions, based
12upon legal qualifications and any other qualifications
13established in a district or joint agreement job description,
14on or before the May 10 prior to the date of the positions
15becoming available. On and after the effective date of this
16amendatory Act of the 98th General Assembly, the preceding
17sentence shall apply to teachers removed or dismissed by
18honorable dismissal, even if notice of honorable dismissal
19occurred during the 2013-2014 school year. Among teachers
20eligible for recall pursuant to the preceding sentence, the
21order of recall must be in inverse order of dismissal, unless
22an alternative order of recall is established in a collective
23bargaining agreement or contract between the board and a
24professional faculty members' organization. Whenever the
25number of honorable dismissal notices based upon economic
26necessity exceeds 5 notices or 150% of the average number of

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1teachers honorably dismissed in the preceding 3 years,
2whichever is more, then the school board or governing board of
3a joint agreement, as applicable, shall also hold a public
4hearing on the question of the dismissals. Following the
5hearing and board review, the action to approve any such
6reduction shall require a majority vote of the board members.
7 For purposes of this subsection (b), subject to agreement
8on an alternative definition reached by the joint committee
9described in subsection (c) of this Section, a teacher's
10performance evaluation rating means the overall performance
11evaluation rating resulting from an annual or biennial
12performance evaluation conducted pursuant to Article 24A of
13this Code by the school district or joint agreement determining
14the sequence of dismissal, not including any performance
15evaluation conducted during or at the end of a remediation
16period. No more than one evaluation rating each school term
17shall be one of the evaluation ratings used for the purpose of
18determining the sequence of dismissal. Except as otherwise
19provided in this subsection for any performance evaluations
20conducted during or at the end of a remediation period, if
21multiple performance evaluations are conducted in a school
22term, only the rating from the last evaluation conducted prior
23to establishing the sequence of honorable dismissal list in
24such school term shall be the one evaluation rating from that
25school term used for the purpose of determining the sequence of
26dismissal. Averaging ratings from multiple evaluations is not

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1permitted unless otherwise agreed to in a collective bargaining
2agreement or contract between the board and a professional
3faculty members' organization. The preceding 3 sentences are
4not a legislative declaration that existing law does or does
5not already require that only one performance evaluation each
6school term shall be used for the purpose of determining the
7sequence of dismissal. For performance evaluation ratings
8determined prior to September 1, 2012, any school district or
9joint agreement with a performance evaluation rating system
10that does not use either of the rating category systems
11specified in subsection (d) of Section 24A-5 of this Code for
12all teachers must establish a basis for assigning each teacher
13a rating that complies with subsection (d) of Section 24A-5 of
14this Code for all of the performance evaluation ratings that
15are to be used to determine the sequence of dismissal. A
16teacher's grouping and ranking on a sequence of honorable
17dismissal shall be deemed a part of the teacher's performance
18evaluation, and that information shall be disclosed to the
19exclusive bargaining representative as part of a sequence of
20honorable dismissal list, notwithstanding any laws prohibiting
21disclosure of such information. A performance evaluation
22rating may be used to determine the sequence of dismissal,
23notwithstanding the pendency of any grievance resolution or
24arbitration procedures relating to the performance evaluation.
25If a teacher has received at least one performance evaluation
26rating conducted by the school district or joint agreement

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1determining the sequence of dismissal and a subsequent
2performance evaluation is not conducted in any school year in
3which such evaluation is required to be conducted under Section
424A-5 of this Code, the teacher's performance evaluation rating
5for that school year for purposes of determining the sequence
6of dismissal is deemed Proficient. If a performance evaluation
7rating is nullified as the result of an arbitration,
8administrative agency, or court determination, then the school
9district or joint agreement is deemed to have conducted a
10performance evaluation for that school year, but the
11performance evaluation rating may not be used in determining
12the sequence of dismissal.
13 Nothing in this subsection (b) shall be construed as
14limiting the right of a school board or governing board of a
15joint agreement to dismiss a teacher not in contractual
16continued service in accordance with Section 24-11 of this
17Code.
18 Any provisions regarding the sequence of honorable
19dismissals and recall of honorably dismissed teachers in a
20collective bargaining agreement entered into on or before
21January 1, 2011 and in effect on the effective date of this
22amendatory Act of the 97th General Assembly that may conflict
23with this amendatory Act of the 97th General Assembly shall
24remain in effect through the expiration of such agreement or
25June 30, 2013, whichever is earlier.
26 (c) Each school district and special education joint

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1agreement must use a joint committee composed of equal
2representation selected by the school board and its teachers
3or, if applicable, the exclusive bargaining representative of
4its teachers, to address the matters described in paragraphs
5(1) through (5) of this subsection (c) pertaining to honorable
6dismissals under subsection (b) of this Section.
7 (1) The joint committee must consider and may agree to
8 criteria for excluding from grouping 2 and placing into
9 grouping 3 a teacher whose last 2 performance evaluations
10 include a Needs Improvement and either a Proficient or
11 Excellent.
12 (2) The joint committee must consider and may agree to
13 an alternative definition for grouping 4, which definition
14 must take into account prior performance evaluation
15 ratings and may take into account other factors that relate
16 to the school district's or program's educational
17 objectives. An alternative definition for grouping 4 may
18 not permit the inclusion of a teacher in the grouping with
19 a Needs Improvement or Unsatisfactory performance
20 evaluation rating on either of the teacher's last 2
21 performance evaluation ratings.
22 (3) The joint committee may agree to including within
23 the definition of a performance evaluation rating a
24 performance evaluation rating administered by a school
25 district or joint agreement other than the school district
26 or joint agreement determining the sequence of dismissal.

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1 (4) For each school district or joint agreement that
2 administers performance evaluation ratings that are
3 inconsistent with either of the rating category systems
4 specified in subsection (d) of Section 24A-5 of this Code,
5 the school district or joint agreement must consult with
6 the joint committee on the basis for assigning a rating
7 that complies with subsection (d) of Section 24A-5 of this
8 Code to each performance evaluation rating that will be
9 used in a sequence of dismissal.
10 (5) Upon request by a joint committee member submitted
11 to the employing board by no later than 10 days after the
12 distribution of the sequence of honorable dismissal list, a
13 representative of the employing board shall, within 5 days
14 after the request, provide to members of the joint
15 committee a list showing the most recent and prior
16 performance evaluation ratings of each teacher identified
17 only by length of continuing service in the district or
18 joint agreement and not by name. If, after review of this
19 list, a member of the joint committee has a good faith
20 belief that a disproportionate number of teachers with
21 greater length of continuing service with the district or
22 joint agreement have received a recent performance
23 evaluation rating lower than the prior rating, the member
24 may request that the joint committee review the list to
25 assess whether such a trend may exist. Following the joint
26 committee's review, but by no later than the end of the

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1 applicable school term, the joint committee or any member
2 or members of the joint committee may submit a report of
3 the review to the employing board and exclusive bargaining
4 representative, if any. Nothing in this paragraph (5) shall
5 impact the order of honorable dismissal or a school
6 district's or joint agreement's authority to carry out a
7 dismissal in accordance with subsection (b) of this
8 Section.
9 Agreement by the joint committee as to a matter requires
10the majority vote of all committee members, and if the joint
11committee does not reach agreement on a matter, then the
12otherwise applicable requirements of subsection (b) of this
13Section shall apply. Except as explicitly set forth in this
14subsection (c), a joint committee has no authority to agree to
15any further modifications to the requirements for honorable
16dismissals set forth in subsection (b) of this Section. The
17joint committee must be established, and the first meeting of
18the joint committee each school year must occur on or before
19December 1.
20 The joint committee must reach agreement on a matter on or
21before February 1 of a school year in order for the agreement
22of the joint committee to apply to the sequence of dismissal
23determined during that school year. Subject to the February 1
24deadline for agreements, the agreement of a joint committee on
25a matter shall apply to the sequence of dismissal until the
26agreement is amended or terminated by the joint committee.

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1 The provisions of the Open Meetings Act shall not apply to
2meetings of a joint committee created under this subsection
3(c).
4 (d) Notwithstanding anything to the contrary in this
5subsection (d), the requirements and dismissal procedures of
6Section 24-16.5 of this Code shall apply to any dismissal
7sought under Section 24-16.5 of this Code.
8 (1) If a dismissal of a teacher in contractual
9 continued service is sought for any reason or cause other
10 than an honorable dismissal under subsections (a) or (b) of
11 this Section or a dismissal sought under Section 24-16.5 of
12 this Code, including those under Section 10-22.4, the board
13 must first approve a motion containing specific charges by
14 a majority vote of all its members. Written notice of such
15 charges, including a bill of particulars and the teacher's
16 right to request a hearing, must be mailed to the teacher
17 and also given to the teacher either by certified mail,
18 return receipt requested, or personal delivery with
19 receipt within 5 days of the adoption of the motion. Any
20 written notice sent on or after July 1, 2012 shall inform
21 the teacher of the right to request a hearing before a
22 mutually selected hearing officer, with the cost of the
23 hearing officer split equally between the teacher and the
24 board, or a hearing before a board-selected hearing
25 officer, with the cost of the hearing officer paid by the
26 board.

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1 Before setting a hearing on charges stemming from
2 causes that are considered remediable, a board must give
3 the teacher reasonable warning in writing, stating
4 specifically the causes that, if not removed, may result in
5 charges; however, no such written warning is required if
6 the causes have been the subject of a remediation plan
7 pursuant to Article 24A of this Code.
8 If, in the opinion of the board, the interests of the
9 school require it, the board may suspend the teacher
10 without pay, pending the hearing, but if the board's
11 dismissal or removal is not sustained, the teacher shall
12 not suffer the loss of any salary or benefits by reason of
13 the suspension.
14 (2) No hearing upon the charges is required unless the
15 teacher within 17 days after receiving notice requests in
16 writing of the board that a hearing be scheduled before a
17 mutually selected hearing officer or a hearing officer
18 selected by the board. The secretary of the school board
19 shall forward a copy of the notice to the State Board of
20 Education.
21 (3) Within 5 business days after receiving a notice of
22 hearing in which either notice to the teacher was sent
23 before July 1, 2012 or, if the notice was sent on or after
24 July 1, 2012, the teacher has requested a hearing before a
25 mutually selected hearing officer, the State Board of
26 Education shall provide a list of 5 prospective, impartial

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1 hearing officers from the master list of qualified,
2 impartial hearing officers maintained by the State Board of
3 Education. Each person on the master list must (i) be
4 accredited by a national arbitration organization and have
5 had a minimum of 5 years of experience directly related to
6 labor and employment relations matters between employers
7 and employees or their exclusive bargaining
8 representatives and (ii) beginning September 1, 2012, have
9 participated in training provided or approved by the State
10 Board of Education for teacher dismissal hearing officers
11 so that he or she is familiar with issues generally
12 involved in evaluative and non-evaluative dismissals.
13 If notice to the teacher was sent before July 1, 2012
14 or, if the notice was sent on or after July 1, 2012, the
15 teacher has requested a hearing before a mutually selected
16 hearing officer, the board and the teacher or their legal
17 representatives within 3 business days shall alternately
18 strike one name from the list provided by the State Board
19 of Education until only one name remains. Unless waived by
20 the teacher, the teacher shall have the right to proceed
21 first with the striking. Within 3 business days of receipt
22 of the list provided by the State Board of Education, the
23 board and the teacher or their legal representatives shall
24 each have the right to reject all prospective hearing
25 officers named on the list and notify the State Board of
26 Education of such rejection. Within 3 business days after

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1 receiving this notification, the State Board of Education
2 shall appoint a qualified person from the master list who
3 did not appear on the list sent to the parties to serve as
4 the hearing officer, unless the parties notify it that they
5 have chosen to alternatively select a hearing officer under
6 paragraph (4) of this subsection (d).
7 If the teacher has requested a hearing before a hearing
8 officer selected by the board, the board shall select one
9 name from the master list of qualified impartial hearing
10 officers maintained by the State Board of Education within
11 3 business days after receipt and shall notify the State
12 Board of Education of its selection.
13 A hearing officer mutually selected by the parties,
14 selected by the board, or selected through an alternative
15 selection process under paragraph (4) of this subsection
16 (d) (A) must not be a resident of the school district, (B)
17 must be available to commence the hearing within 75 days
18 and conclude the hearing within 120 days after being
19 selected as the hearing officer, and (C) must issue a
20 decision as to whether the teacher must be dismissed and
21 give a copy of that decision to both the teacher and the
22 board within 30 days from the conclusion of the hearing or
23 closure of the record, whichever is later.
24 (4) In the alternative to selecting a hearing officer
25 from the list received from the State Board of Education or
26 accepting the appointment of a hearing officer by the State

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1 Board of Education or if the State Board of Education
2 cannot provide a list or appoint a hearing officer that
3 meets the foregoing requirements, the board and the teacher
4 or their legal representatives may mutually agree to select
5 an impartial hearing officer who is not on the master list
6 either by direct appointment by the parties or by using
7 procedures for the appointment of an arbitrator
8 established by the Federal Mediation and Conciliation
9 Service or the American Arbitration Association. The
10 parties shall notify the State Board of Education of their
11 intent to select a hearing officer using an alternative
12 procedure within 3 business days of receipt of a list of
13 prospective hearing officers provided by the State Board of
14 Education, notice of appointment of a hearing officer by
15 the State Board of Education, or receipt of notice from the
16 State Board of Education that it cannot provide a list that
17 meets the foregoing requirements, whichever is later.
18 (5) If the notice of dismissal was sent to the teacher
19 before July 1, 2012, the fees and costs for the hearing
20 officer must be paid by the State Board of Education. If
21 the notice of dismissal was sent to the teacher on or after
22 July 1, 2012, the hearing officer's fees and costs must be
23 paid as follows in this paragraph (5). The fees and
24 permissible costs for the hearing officer must be
25 determined by the State Board of Education. If the board
26 and the teacher or their legal representatives mutually

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1 agree to select an impartial hearing officer who is not on
2 a list received from the State Board of Education, they may
3 agree to supplement the fees determined by the State Board
4 to the hearing officer, at a rate consistent with the
5 hearing officer's published professional fees. If the
6 hearing officer is mutually selected by the parties, then
7 the board and the teacher or their legal representatives
8 shall each pay 50% of the fees and costs and any
9 supplemental allowance to which they agree. If the hearing
10 officer is selected by the board, then the board shall pay
11 100% of the hearing officer's fees and costs. The fees and
12 costs must be paid to the hearing officer within 14 days
13 after the board and the teacher or their legal
14 representatives receive the hearing officer's decision set
15 forth in paragraph (7) of this subsection (d).
16 (6) The teacher is required to answer the bill of
17 particulars and aver affirmative matters in his or her
18 defense, and the time for initially doing so and the time
19 for updating such answer and defenses after pre-hearing
20 discovery must be set by the hearing officer. The State
21 Board of Education shall promulgate rules so that each
22 party has a fair opportunity to present its case and to
23 ensure that the dismissal process proceeds in a fair and
24 expeditious manner. These rules shall address, without
25 limitation, discovery and hearing scheduling conferences;
26 the teacher's initial answer and affirmative defenses to

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1 the bill of particulars and the updating of that
2 information after pre-hearing discovery; provision for
3 written interrogatories and requests for production of
4 documents; the requirement that each party initially
5 disclose to the other party and then update the disclosure
6 no later than 10 calendar days prior to the commencement of
7 the hearing, the names and addresses of persons who may be
8 called as witnesses at the hearing, a summary of the facts
9 or opinions each witness will testify to, and all other
10 documents and materials, including information maintained
11 electronically, relevant to its own as well as the other
12 party's case (the hearing officer may exclude witnesses and
13 exhibits not identified and shared, except those offered in
14 rebuttal for which the party could not reasonably have
15 anticipated prior to the hearing); pre-hearing discovery
16 and preparation, including provision for written
17 interrogatories and requests for production of documents,
18 provided that discovery depositions are prohibited; the
19 conduct of the hearing; the right of each party to be
20 represented by counsel, the offer of evidence and witnesses
21 and the cross-examination of witnesses; the authority of
22 the hearing officer to issue subpoenas and subpoenas duces
23 tecum, provided that the hearing officer may limit the
24 number of witnesses to be subpoenaed on behalf of each
25 party to no more than 7; the length of post-hearing briefs;
26 and the form, length, and content of hearing officers'

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1 decisions. The hearing officer shall hold a hearing and
2 render a final decision for dismissal pursuant to Article
3 24A of this Code or shall report to the school board
4 findings of fact and a recommendation as to whether or not
5 the teacher must be dismissed for conduct. The hearing
6 officer shall commence the hearing within 75 days and
7 conclude the hearing within 120 days after being selected
8 as the hearing officer, provided that the hearing officer
9 may modify these timelines upon the showing of good cause
10 or mutual agreement of the parties. Good cause for the
11 purpose of this subsection (d) shall mean the illness or
12 otherwise unavoidable emergency of the teacher, district
13 representative, their legal representatives, the hearing
14 officer, or an essential witness as indicated in each
15 party's pre-hearing submission. In a dismissal hearing
16 pursuant to Article 24A of this Code, the hearing officer
17 shall consider and give weight to all of the teacher's
18 evaluations written pursuant to Article 24A that are
19 relevant to the issues in the hearing.
20 Each party shall have no more than 3 days to present
21 its case, unless extended by the hearing officer to enable
22 a party to present adequate evidence and testimony,
23 including due to the other party's cross-examination of the
24 party's witnesses, for good cause or by mutual agreement of
25 the parties. The State Board of Education shall define in
26 rules the meaning of "day" for such purposes. All testimony

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1 at the hearing shall be taken under oath administered by
2 the hearing officer. The hearing officer shall cause a
3 record of the proceedings to be kept and shall employ a
4 competent reporter to take stenographic or stenotype notes
5 of all the testimony. The costs of the reporter's
6 attendance and services at the hearing shall be paid by the
7 party or parties who are responsible for paying the fees
8 and costs of the hearing officer. Either party desiring a
9 transcript of the hearing shall pay for the cost thereof.
10 Any post-hearing briefs must be submitted by the parties by
11 no later than 21 days after a party's receipt of the
12 transcript of the hearing, unless extended by the hearing
13 officer for good cause or by mutual agreement of the
14 parties.
15 (7) The hearing officer shall, within 30 days from the
16 conclusion of the hearing or closure of the record,
17 whichever is later, make a decision as to whether or not
18 the teacher shall be dismissed pursuant to Article 24A of
19 this Code or report to the school board findings of fact
20 and a recommendation as to whether or not the teacher shall
21 be dismissed for cause and shall give a copy of the
22 decision or findings of fact and recommendation to both the
23 teacher and the school board. If a hearing officer fails
24 without good cause, specifically provided in writing to
25 both parties and the State Board of Education, to render a
26 decision or findings of fact and recommendation within 30

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1 days after the hearing is concluded or the record is
2 closed, whichever is later, the parties may mutually agree
3 to select a hearing officer pursuant to the alternative
4 procedure, as provided in this Section, to rehear the
5 charges heard by the hearing officer who failed to render a
6 decision or findings of fact and recommendation or to
7 review the record and render a decision. If any hearing
8 officer fails without good cause, specifically provided in
9 writing to both parties and the State Board of Education,
10 to render a decision or findings of fact and recommendation
11 within 30 days after the hearing is concluded or the record
12 is closed, whichever is later, the hearing officer shall be
13 removed from the master list of hearing officers maintained
14 by the State Board of Education for not more than 24
15 months. The parties and the State Board of Education may
16 also take such other actions as it deems appropriate,
17 including recovering, reducing, or withholding any fees
18 paid or to be paid to the hearing officer. If any hearing
19 officer repeats such failure, he or she must be permanently
20 removed from the master list maintained by the State Board
21 of Education and may not be selected by parties through the
22 alternative selection process under this paragraph (7) or
23 paragraph (4) of this subsection (d). The board shall not
24 lose jurisdiction to discharge a teacher if the hearing
25 officer fails to render a decision or findings of fact and
26 recommendation within the time specified in this Section.

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1 If the decision of the hearing officer for dismissal
2 pursuant to Article 24A of this Code or of the school board
3 for dismissal for cause is in favor of the teacher, then
4 the hearing officer or school board shall order
5 reinstatement to the same or substantially equivalent
6 position and shall determine the amount for which the
7 school board is liable, including, but not limited to, loss
8 of income and benefits.
9 (8) The school board, within 45 days after receipt of
10 the hearing officer's findings of fact and recommendation
11 as to whether (i) the conduct at issue occurred, (ii) the
12 conduct that did occur was remediable, and (iii) the
13 proposed dismissal should be sustained, shall issue a
14 written order as to whether the teacher must be retained or
15 dismissed for cause from its employ. The school board's
16 written order shall incorporate the hearing officer's
17 findings of fact, except that the school board may modify
18 or supplement the findings of fact if, in its opinion, the
19 findings of fact are against the manifest weight of the
20 evidence.
21 If the school board dismisses the teacher
22 notwithstanding the hearing officer's findings of fact and
23 recommendation, the school board shall make a conclusion in
24 its written order, giving its reasons therefor, and such
25 conclusion and reasons must be included in its written
26 order. The failure of the school board to strictly adhere

HB3829- 27 -LRB100 10526 MLM 20742 b
1 to the timelines contained in this Section shall not render
2 it without jurisdiction to dismiss the teacher. The school
3 board shall not lose jurisdiction to discharge the teacher
4 for cause if the hearing officer fails to render a
5 recommendation within the time specified in this Section.
6 The decision of the school board is final, unless reviewed
7 as provided in paragraph (9) of this subsection (d).
8 If the school board retains the teacher, the school
9 board shall enter a written order stating the amount of
10 back pay and lost benefits, less mitigation, to be paid to
11 the teacher, within 45 days after its retention order.
12 Should the teacher object to the amount of the back pay and
13 lost benefits or amount mitigated, the teacher shall give
14 written objections to the amount within 21 days. If the
15 parties fail to reach resolution within 7 days, the dispute
16 shall be referred to the hearing officer, who shall
17 consider the school board's written order and teacher's
18 written objection and determine the amount to which the
19 school board is liable. The costs of the hearing officer's
20 review and determination must be paid by the board.
21 (9) The decision of the hearing officer pursuant to
22 Article 24A of this Code or of the school board's decision
23 to dismiss for cause is final unless reviewed as provided
24 in Section 24-16 of this Act. If the school board's
25 decision to dismiss for cause is contrary to the hearing
26 officer's recommendation, the court on review shall give

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1 consideration to the school board's decision and its
2 supplemental findings of fact, if applicable, and the
3 hearing officer's findings of fact and recommendation in
4 making its decision. In the event such review is
5 instituted, the school board shall be responsible for
6 preparing and filing the record of proceedings, and such
7 costs associated therewith must be divided equally between
8 the parties.
9 (10) If a decision of the hearing officer for dismissal
10 pursuant to Article 24A of this Code or of the school board
11 for dismissal for cause is adjudicated upon review or
12 appeal in favor of the teacher, then the trial court shall
13 order reinstatement and shall remand the matter to the
14 school board with direction for entry of an order setting
15 the amount of back pay, lost benefits, and costs, less
16 mitigation. The teacher may challenge the school board's
17 order setting the amount of back pay, lost benefits, and
18 costs, less mitigation, through an expedited arbitration
19 procedure, with the costs of the arbitrator borne by the
20 school board.
21 Any teacher who is reinstated by any hearing or
22 adjudication brought under this Section shall be assigned
23 by the board to a position substantially similar to the one
24 which that teacher held prior to that teacher's suspension
25 or dismissal.
26 (11) Subject to any later effective date referenced in

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1 this Section for a specific aspect of the dismissal
2 process, the changes made by Public Act 97-8 shall apply to
3 dismissals instituted on or after September 1, 2011. Any
4 dismissal instituted prior to September 1, 2011 must be
5 carried out in accordance with the requirements of this
6 Section prior to amendment by Public Act 97-8.
7 (e) Nothing contained in this amendatory Act of the 98th
8General Assembly repeals, supersedes, invalidates, or
9nullifies final decisions in lawsuits pending on the effective
10date of this amendatory Act of the 98th General Assembly in
11Illinois courts involving the interpretation of Public Act
1297-8.
13(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,
14eff. 7-20-15.)
15 (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
16 Sec. 24A-4. Development of evaluation plan.
17 (a) As used in this and the succeeding Sections, "teacher"
18means any and all school district employees regularly required
19to be certified under laws relating to the certification of
20teachers. Each school district shall develop, in cooperation
21with its teachers or, where applicable, the exclusive
22bargaining representatives of its teachers, an evaluation plan
23for all teachers.
24 (b) By no later than the applicable implementation date,
25each school district shall, in good faith cooperation with its

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1teachers or, where applicable, the exclusive bargaining
2representatives of its teachers, incorporate the use of data
3and indicators on student growth as a significant factor in
4rating teaching performance, into its evaluation plan for all
5teachers, both those teachers in contractual continued service
6and those teachers not in contractual continued service. The
7plan shall at least meet the standards and requirements for
8student growth and teacher evaluation established under
9Section 24A-7, and specifically describe how student growth
10data and indicators will be used as part of the evaluation
11process, how this information will relate to evaluation
12standards, the assessments or other indicators of student
13performance that will be used in measuring student growth and
14the weight that each will have, the methodology that will be
15used to measure student growth, and the criteria other than
16student growth that will be used in evaluating the teacher and
17the weight that each will have.
18 To incorporate the use of data and indicators of student
19growth as a significant factor in rating teacher performance
20into the evaluation plan, the district shall use a joint
21committee composed of equal representation selected by the
22district and its teachers or, where applicable, the exclusive
23bargaining representative of its teachers. If, within 180
24calendar days of the committee's first meeting, the committee
25does not reach agreement on the plan, then the district shall
26implement the model evaluation plan established under Section

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124A-7 with respect to the use of data and indicators on student
2growth as a significant factor in rating teacher performance.
3 Nothing in this subsection (b) shall make decisions on the
4use of data and indicators on student growth as a significant
5factor in rating teaching performance mandatory subjects of
6bargaining under the Illinois Educational Labor Relations Act
7that are not currently mandatory subjects of bargaining under
8the Act.
9 The provisions of the Open Meetings Act shall not apply to
10meetings of a joint committee formed under this subsection (b).
11 (c) Notwithstanding anything to the contrary in subsection
12(b) of this Section, if the joint committee referred to in that
13subsection does not reach agreement on the plan within 90
14calendar days after the committee's first meeting, a school
15district having 500,000 or more inhabitants shall not be
16required to implement any aspect of the model evaluation plan
17and may implement its last best proposal.
18(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
1996-1423, eff. 8-3-10.)
20 Section 10. The Illinois Educational Labor Relations Act is
21amended by changing Section 18 as follows:
22 (115 ILCS 5/18) (from Ch. 48, par. 1718)
23 Sec. 18. Meetings. The provisions of the Open Meetings Act
24shall not apply to collective bargaining negotiations,

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1including negotiating team strategy sessions, and grievance
2arbitrations conducted pursuant to this Act.
3(Source: P.A. 83-1014.)
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