Bill Text: IL HB5136 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the School Code. With regard to the development of teacher evaluation plans, provides that, beginning with the first school year following the effective date of the amendatory Act, a joint committee (created by a school district to incorporate the use of data and indicators on student growth as a significant factor in rating teacher performance into the evaluation plan) shall meet no less than one time annually to assess and review the effectiveness of the district's evaluation plan for the purposes of continuous improvement of instruction and evaluation practices.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2018-08-10 - Public Act . . . . . . . . . 100-0768 [HB5136 Detail]

Download: Illinois-2017-HB5136-Chaptered.html

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Public Act 100-0768
HB5136 Enrolled LRB100 18901 AXK 34145 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 24A-4 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
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 groupings 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 the effective date of this
amendatory Act of the 98th General Assembly, 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. 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 the effective date of this
amendatory Act of the 97th General Assembly that may conflict
with this amendatory Act of the 97th General Assembly 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 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.
(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, 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.
(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, 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 Act. 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 this amendatory Act of the 98th
General Assembly repeals, supersedes, invalidates, or
nullifies final decisions in lawsuits pending on the effective
date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,
eff. 7-20-15.)
(105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
Sec. 24A-4. Development of evaluation plan.
(a) As used in this and the succeeding Sections, "teacher"
means any and all school district employees regularly required
to be certified under laws relating to the certification of
teachers. Each school district shall develop, in cooperation
with its teachers or, where applicable, the exclusive
bargaining representatives of its teachers, an evaluation plan
for all teachers.
(b) By no later than the applicable implementation date,
each school district shall, in good faith cooperation with its

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

24A-7 with respect to the use of data and indicators on student
growth as a significant factor in rating teacher performance.
Nothing in this subsection (b) shall make decisions on the
use of data and indicators on student growth as a significant
factor in rating teaching performance mandatory subjects of
bargaining under the Illinois Educational Labor Relations Act
that are not currently mandatory subjects of bargaining under
the Act.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee formed under this subsection (b).
(c) Notwithstanding anything to the contrary in subsection
(b) of this Section, if the joint committee referred to in that
subsection does not reach agreement on the plan within 90
calendar days after the committee's first meeting, a school
district having 500,000 or more inhabitants shall not be
required to implement any aspect of the model evaluation plan
and may implement its last best proposal.
(d) Beginning the first school year following the effective
date of this amendatory Act of the 100th General Assembly, the
joint committee referred to in subsection (b) of this Section
shall meet no less than one time annually to assess and review
the effectiveness of the district's evaluation plan for the
purposes of continuous improvement of instruction and
evaluation practices.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
96-1423, eff. 8-3-10.)

Section 10. The Illinois Educational Labor Relations Act is
amended by changing Section 18 as follows:
(115 ILCS 5/18) (from Ch. 48, par. 1718)
Sec. 18. Meetings. The provisions of the Open Meetings Act
shall not apply to collective bargaining negotiations,
including negotiating team strategy sessions, and grievance
arbitrations conducted pursuant to this Act.
(Source: P.A. 83-1014.)