Bill Text: IL SB0007 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the School Code. Makes a technical change in a Section concerning the School Code's construction.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-06-13 - Public Act . . . . . . . . . 97-0008 [SB0007 Detail]

Download: Illinois-2011-SB0007-Chaptered.html

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Public Act 097-0008
SB0007 Enrolled LRB097 06626 NHT 46711 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Illinois Pension Code is amended by changing
Section 17-130 as follows:
(40 ILCS 5/17-130) (from Ch. 108 1/2, par. 17-130)
Sec. 17-130. Participants' contributions by payroll
deductions.
(a) There shall be deducted from the salary of each teacher
7.50% of his salary for service or disability retirement
pension and 0.5% of salary for the annual increase in base
pension.
In addition, there shall be deducted from the salary of
each teacher 1% of his salary for survivors' and children's
pensions.
(b) An Employer and any employer of eligible contributors
as defined in Section 17-106 is authorized to make the
necessary deductions from the salaries of its teachers. Such
amounts shall be included as a part of the Fund. An Employer
and any employer of eligible contributors as defined in Section
17-106 shall formulate such rules and regulations as may be
necessary to give effect to the provisions of this Section.
(c) All persons employed as teachers shall, by such

employment, accept the provisions of this Article and of
Sections 34-83 to 34-85 34-85b, inclusive, of "The School
Code", approved March 18, 1961, as amended, and thereupon
become contributors to the Fund in accordance with the terms
thereof. The provisions of this Article and of those Sections
shall become a part of the contract of employment.
(d) A person who (i) was a member before July 1, 1998, (ii)
retires with more than 34 years of creditable service, and
(iii) does not elect to qualify for the augmented rate under
Section 17-119.1 shall be entitled, at the time of retirement,
to receive a partial refund of contributions made under this
Section for service occurring after the later of June 30, 1998
or attainment of 34 years of creditable service, in an amount
equal to 1.00% of the salary upon which those contributions
were based.
(Source: P.A. 94-1105, eff. 6-1-07.)
Section 5. The School Code is amended by changing Sections
10-22.4, 21-23, 24-11, 24-12, 24-16, 24A-2.5, 24A-5, 34-84,
34-85, and 34-85c and by adding Sections 2-3.153, 10-16a,
24-1.5, and 24-16.5 as follows:
(105 ILCS 5/2-3.153 new)
Sec. 2-3.153. Survey of learning conditions. The State
Board of Education shall select for statewide administration an
instrument to provide feedback from, at a minimum, students in

grades 6 through 12 and teachers on the instructional
environment within a school after giving consideration to the
recommendations of the Performance Evaluation Advisory Council
made pursuant to subdivision (6) of subsection (a) of Section
24A-20 of this Code. Subject to appropriation to the State
Board of Education for the State's cost of development and
administration and commencing with the 2012-2013 school year,
each school district shall administer, at least biannually, the
instrument in every public school attendance center by a date
specified by the State Superintendent of Education, and data
resulting from the instrument's administration must be
provided to the State Board of Education. The survey component
that requires completion by the teachers must be administered
during teacher meetings or professional development days or at
other times that would not interfere with the teachers' regular
classroom and direct instructional duties. The State
Superintendent, following consultation with teachers,
principals, and other appropriate stakeholders, shall publicly
report on selected indicators of learning conditions resulting
from administration of the instrument at the individual school,
district, and State levels and shall identify whether the
indicators result from an anonymous administration of the
instrument. If in any year the appropriation to the State Board
of Education is insufficient for the State's costs associated
with statewide administration of the instrument, the State
Board of Education shall give priority to districts with

low-performing schools and a representative sample of other
districts.
(105 ILCS 5/10-16a new)
Sec. 10-16a. School board member's leadership training.
(a) This Section applies to all school board members
serving pursuant to Section 10-10 of this Code who have been
elected after the effective date of this amendatory Act of the
97th General Assembly or appointed to fill a vacancy of at
least one year's duration after the effective date of this
amendatory Act of the 97th General Assembly.
(b) Every voting member of a school board of a school
district elected or appointed for a term beginning after the
effective date of this amendatory Act of the 97th General
Assembly, within a year after the effective date of this
amendatory Act of the 97th General Assembly or the first year
of his or her first term, shall complete a minimum of 4 hours
of professional development leadership training covering
topics in education and labor law, financial oversight and
accountability, and fiduciary responsibilities of a school
board member. The school district shall maintain on its
Internet website, if any, the names of all voting members of
the school board who have successfully completed the training.
(c) The training on financial oversight, accountability,
and fiduciary responsibilities may be provided by an
association established under this Code for the purpose of

training school board members or by other qualified providers
approved by the State Board of Education, in consultation with
an association so established.
(105 ILCS 5/10-22.4) (from Ch. 122, par. 10-22.4)
Sec. 10-22.4. Dismissal of teachers. To dismiss a teacher
for incompetency, cruelty, negligence, immorality or other
sufficient cause, to dismiss any teacher on the basis of
performance who fails to complete a 1-year remediation plan
with a "satisfactory" or better rating and to dismiss any
teacher whenever, in its opinion, he is not qualified to teach,
or whenever, in its opinion, the interests of the schools
require it, subject, however, to the provisions of Sections
24-10 to 24-16.5 24-15, inclusive. Temporary mental or physical
incapacity to perform teaching duties, as found by a medical
examination, is not a cause for dismissal. Marriage is not a
cause of removal.
(Source: P.A. 85-248.)
(105 ILCS 5/21-23) (from Ch. 122, par. 21-23)
Sec. 21-23. Suspension or revocation of certificate.
(a) The State Superintendent of Education has the exclusive
authority, in accordance with this Section and any rules
adopted by the State Board of Education, to initiate the
suspension of up to 5 calendar years or revocation of any
certificate issued pursuant to this Article, including but not

limited to any administrative certificate or endorsement, for
abuse or neglect of a child, immorality, a condition of health
detrimental to the welfare of pupils, incompetency,
unprofessional conduct (which includes the failure to disclose
on an employment application any previous conviction for a sex
offense, as defined in Section 21-23a of this Code, or any
other offense committed in any other state or against the laws
of the United States that, if committed in this State, would be
punishable as a sex offense, as defined in Section 21-23a of
this Code), the neglect of any professional duty, willful
failure to report an instance of suspected child abuse or
neglect as required by the Abused and Neglected Child Reporting
Act, failure to establish satisfactory repayment on an
educational loan guaranteed by the Illinois Student Assistance
Commission, or other just cause. Unprofessional conduct shall
include refusal to attend or participate in, institutes,
teachers' meetings, professional readings, or to meet other
reasonable requirements of the regional superintendent or
State Superintendent of Education. Unprofessional conduct also
includes conduct that violates the standards, ethics, or rules
applicable to the security, administration, monitoring, or
scoring of, or the reporting of scores from, any assessment
test or the Prairie State Achievement Examination administered
under Section 2-3.64 or that is known or intended to produce or
report manipulated or artificial, rather than actual,
assessment or achievement results or gains from the

administration of those tests or examinations. It shall also
include neglect or unnecessary delay in making of statistical
and other reports required by school officers. Incompetency
shall include, without limitation, 2 or more school terms of
service for which the certificate holder has received an
unsatisfactory rating on a performance evaluation conducted
pursuant to Article 24A of this Code within a period of 7
school terms of service. In determining whether to initiate
action against one or more certificates based on incompetency
and the recommended sanction for such action, the State
Superintendent shall consider factors that include without
limitation all of the following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to the effective date of this amendatory Act
of the 97th General Assembly.
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-certification and
training requirements set forth in Section 24A-3 of this
Code.
(4) The time between the unsatisfactory evaluation
ratings.
(5) The quality of the remediation plans associated

with the unsatisfactory evaluation ratings and whether the
certificate holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the certificate holder.
(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a teaching
or administrative assignment.
When initiating an action against one or more certificates, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the certificate holder,
who may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after the effective date of
this amendatory Act of the 97th General Assembly, unless that
agreement specifically precludes use of funds for such purpose.
(a-5) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child, immorality,
a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (a) of this Section),
unprofessional conduct, the neglect of any professional duty or

other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
or revocation, or other sanction; provided that the State
Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of
Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, or revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days of notice of opportunity
for hearing, it shall act as a stay of proceedings until the
State Teacher Certification Board issues a decision. Any
hearing shall take place in the educational service region
wherein the educator is or was last employed and in accordance
with rules adopted by the State Board of Education, in
consultation with the State Teacher Certification Board, which
rules shall include without limitation provisions for
discovery and the sharing of information between parties prior
to the hearing. The standard of proof for any administrative
hearing held pursuant to this Section shall be by the
preponderance of the evidence. The decision of the State

Teacher Certification Board is a final administrative decision
and is subject to judicial review by appeal of either party.
The State Board may refuse to issue or may suspend the
certificate of any person who fails to file a return, or to pay
the tax, penalty or interest shown in a filed return, or to pay
any final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a certificate
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(b) (Blank).
(b-5) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the certificate holder,
and the production of any evidence, including files, records,
correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a

specified date and time and shall specify any evidence to be
produced. The certificate holder is not entitled to be present,
but the State Superintendent shall provide the certificate
holder with a copy of any recorded testimony prior to a hearing
under this Section. Such recorded testimony must not be used as
evidence at a hearing, unless the certificate holder has
adequate notice of the testimony and the opportunity to
cross-examine the witness. Failure of a certificate holder to
comply with a duly-issued, investigatory subpoena may be
grounds for revocation, suspension, or denial of a certificate.
(b-10) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Teacher Certification Board under
this Section is confidential and must not be disclosed to third
parties, except (i) as necessary for the State Superintendent
of Education or his or her designee to investigate and
prosecute pursuant to this Article, (ii) pursuant to a court
order, (iii) for disclosure to the certificate holder or his or
her representative, or (iv) as otherwise required in this
Article and provided that any such information admitted into
evidence in a hearing shall be exempt from this confidentiality
and non-disclosure requirement.
(c) The State Superintendent of Education or a person
designated by him shall have the power to administer oaths to
witnesses at any hearing conducted before the State Teacher

Certification Board pursuant to this Section. The State
Superintendent of Education or a person designated by him is
authorized to subpoena and bring before the State Teacher
Certification Board any person in this State and to take
testimony either orally or by deposition or by exhibit, with
the same fees and mileage and in the same manner as prescribed
by law in judicial proceedings in the civil cases in circuit
courts of this State.
(c-5) Any circuit court, upon the application of the State
Superintendent of Education or the certificate holder, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Teacher Certification
Board is authorized to conduct pursuant to this Section, and
the court may compel obedience to its orders by proceedings for
contempt.
(c-10) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(d) As used in this Section, "teacher" means any school
district employee regularly required to be certified, as
provided in this Article, in order to teach or supervise in the
public schools.
(Source: P.A. 96-431, eff. 8-13-09.)

(105 ILCS 5/24-1.5 new)
Sec. 24-1.5. New or vacant teaching positions. A school
district's selection of a candidate for a new or vacant
teaching position not otherwise required to be filled pursuant
to Section 24-12 of this Code must be based upon the
consideration of factors that include without limitation
certifications, qualifications, merit and ability (including
performance evaluations, if available), and relevant
experience, provided that the length of continuing service with
the school district must not be considered as a factor, unless
all other factors are determined by the school district to be
equal. A school district's decision to select a particular
candidate to fill a new or vacant position is not subject to
review under grievance resolution procedures adopted pursuant
to subsection (c) of Section 10 of the Illinois Educational
Labor Relations Act, provided that, in making such a decision,
the district does not fail to adhere to procedural requirements
in a collective bargaining agreement relating to the filling of
new or vacant teaching positions. Provisions regarding the
filling of new and vacant positions in a collective bargaining
agreement between a school district and the exclusive
bargaining representative of its teachers in existence on the
effective date of this amendatory Act of the 97th General
Assembly shall remain in full force and effect for the term of
the agreement, unless terminated by mutual agreement.
Nothing in this amendatory Act of the 97th General Assembly

(i) limits or otherwise impacts school districts' management
right to hire new employees, (ii) affects what currently is or
may be a mandatory subject of bargaining under the Illinois
Educational Labor Relations Act, or (iii) creates a statutory
cause of action for a candidate or a candidate's representative
to challenge a school district's selection decision based on
the school district's failure to adhere to the requirements of
this Section.
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
Sec. 24-11. Boards of Education - Boards of School
Inspectors - Contractual continued service.
(a) As used in this and the succeeding Sections of this
Article:
"Teacher" means any or all school district employees
regularly required to be certified under laws relating to the
certification of teachers.
"Board" means board of directors, board of education, or
board of school inspectors, as the case may be.
"School term" means that portion of the school year, July 1
to the following June 30, when school is in actual session.
"Program" means a program of a special education joint
agreement.
"Program of a special education joint agreement" means
instructional, consultative, supervisory, administrative,
diagnostic, and related services that are managed by a special

educational joint agreement designed to service 2 or more
school districts that are members of the joint agreement.
"PERA implementation date" means the implementation date
of an evaluation system for teachers as specified by Section
24A-2.5 of this Code for all schools within a school district
or all programs of a special education joint agreement.
(b) This Section and Sections 24-12 through 24-16 of this
Article apply only to school districts having less than 500,000
inhabitants.
(c) Any teacher who is first employed as a full-time
teacher in a school district or program prior to the PERA
implementation date and Any teacher who is has been employed in
that any district or program as a full-time teacher for a
probationary period of 4 2 consecutive school terms shall enter
upon contractual continued service in the district or in all of
the programs that the teacher is legally qualified to hold,
unless the teacher is given written notice of dismissal stating
the specific reason therefor, by certified mail, return receipt
requested, by the employing board at least 45 days before the
end of any school term within such period; except that for a
teacher who is first employed as a full-time teacher by a
school district on or after January 1, 1998 and who has not
before that date already entered upon contractual continued
service in that district, the probationary period shall be 4
consecutive school terms before the teacher shall enter upon
contractual continued service. For the purpose of determining

contractual continued service, the first probationary year
shall be any full-time employment from a date before November 1
through the end of the school year.
(d) For any teacher who is first employed as a full-time
teacher in a school district or program on or after the PERA
implementation date, the probationary period shall be one of
the following periods, based upon the teacher's school terms of
service and performance, before the teacher shall enter upon
contractual continued service in the district or in all of the
programs that the teacher is legally qualified to hold, unless
the teacher is given written notice of dismissal by certified
mail, return receipt requested, by the employing board at least
45 days before the end of any school term within such period:
(1) 4 consecutive school terms of service in which the
teacher receives overall annual evaluation ratings of at
least "Proficient" in the last school term and at least
"Proficient" in either the second or third school term;
(2) 3 consecutive school terms of service in which the
teacher receives 3 overall annual evaluations of
"Excellent"; or
(3) 2 consecutive school terms of service in which the
teacher receives 2 overall annual evaluations of
"Excellent" service, but only if the teacher (i) previously
attained contractual continued service in a different
school district or program in this State, (ii) voluntarily
departed or was honorably dismissed from that school

district or program in the school term immediately prior to
the teacher's first school term of service applicable to
the attainment of contractual continued service under this
subdivision (3), and (iii) received, in his or her 2 most
recent overall annual or biannual evaluations from the
prior school district or program, ratings of "Proficient",
with both such ratings occurring after the school
district's or program's PERA implementation date.
If the teacher does not receive overall annual evaluations
of "Excellent" in the school terms necessary for eligibility to
achieve accelerated contractual continued service in
subdivisions (2) and (3) of this subsection (d), the teacher
shall be eligible for contractual continued service pursuant to
subdivision (1) of this subsection (d). If, at the conclusion
of 4 consecutive school terms of service that count toward
attainment of contractual continued service, the teacher's
performance does not qualify the teacher for contractual
continued service under subdivision (1) of this subsection (d),
then the teacher shall not enter upon contractual continued
service and shall be dismissed. If a performance evaluation is
not conducted for any school term when such evaluation is
required to be conducted under Section 24A-5 of this Code, then
the teacher's performance evaluation rating for such school
term for purposes of determining the attainment of contractual
continued service shall be deemed "Proficient".
(e) For the purposes of determining contractual continued

service, a school term shall be counted only toward attainment
of contractual continued service if the teacher actually
teaches or is otherwise present and participating in the
district's or program's educational program for 120 days or
more, provided that the days of leave under the federal Family
Medical Leave Act that the teacher is required to take until
the end of the school term shall be considered days of teaching
or participation in the district's or program's educational
program. A school term that is not counted toward attainment of
contractual continued service shall not be considered a break
in service for purposes of determining whether a teacher has
been employed for 4 consecutive school terms, provided that the
teacher actually teaches or is otherwise present and
participating in the district's or program's educational
program in the following school term.
(f) If the employing board determines to dismiss the
teacher in the last year of the probationary period as provided
in subsection (c) of this Section or subdivision (1) or (2) of
subsection (d) of this Section, but not subdivision (3) of
subsection (d) of this Section, the written notice of dismissal
provided by the employing board must contain specific reasons
for dismissal. Any full-time teacher who does not receive
written notice from the employing board at least 45 days before
the end of any school term as provided in this Section and
whose performance does not require dismissal after the fourth
probationary year pursuant to subsection (d) of this Section

shall be re-employed for the following school term.
If, however, a teacher who was first employed prior to
January 1, 1998 has not had one school term of full-time
teaching experience before the beginning of a probationary
period of 2 consecutive school terms, the employing board may
at its option extend the probationary period for one additional
school term by giving the teacher written notice by certified
mail, return receipt requested, at least 45 days before the end
of the second school term of the period of 2 consecutive school
terms referred to above. This notice must state the reasons for
the one year extension and must outline the corrective actions
that the teacher must take to satisfactorily complete
probation. The changes made by this amendatory Act of 1998 are
declaratory of existing law.
Any full-time teacher who is not completing the last year
of the probationary period described in the preceding
paragraph, or any teacher employed on a full-time basis not
later than January 1 of the school term, shall receive written
notice from the employing board at least 45 days before the end
of any school term whether or not he will be re-employed for
the following school term. If the board fails to give such
notice, the employee shall be deemed reemployed, and not later
than the close of the then current school term the board shall
issue a regular contract to the employee as though the board
had reemployed him in the usual manner.
(g) Contractual continued service shall continue in effect

the terms and provisions of the contract with the teacher
during the last school term of the probationary period, subject
to this Act and the lawful regulations of the employing board.
This Section and succeeding Sections do not modify any existing
power of the board except with respect to the procedure of the
discharge of a teacher and reductions in salary as hereinafter
provided. Contractual continued service status shall not
restrict the power of the board to transfer a teacher to a
position which the teacher is qualified to fill or to make such
salary adjustments as it deems desirable, but unless reductions
in salary are uniform or based upon some reasonable
classification, any teacher whose salary is reduced shall be
entitled to a notice and a hearing as hereinafter provided in
the case of certain dismissals or removals.
(h) If, by reason of any change in the boundaries of school
districts or by reason of the creation of a new school
district, the position held by any teacher having a contractual
continued service status is transferred from one board to the
control of a new or different board, then the contractual
continued service status of the teacher is not thereby lost,
and such new or different board is subject to this Code with
respect to the teacher in the same manner as if the teacher
were its employee and had been its employee during the time the
teacher was actually employed by the board from whose control
the position was transferred.
(i) The employment of any teacher in a program of a special

education joint agreement established under Section 3-15.14,
10-22.31 or 10-22.31a shall be governed by under this and
succeeding Sections of this Article. For purposes of attaining
and maintaining contractual continued service and computing
length of continuing service as referred to in this Section and
Section 24-12, employment in a special educational joint
program shall be deemed a continuation of all previous
certificated employment of such teacher for such joint
agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the
participating districts in the joint agreement.
(j) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of a reduction in the number of
programs or positions in the joint agreement in which the
notice of dismissal is provided on or before the end of the
2010-2011 school term, the teacher in contractual continued
service is eligible for employment in the joint agreement
programs for which the teacher is legally qualified in order of
greater length of continuing service in the joint agreement,
unless an alternative method of determining the sequence of
dismissal is established in a collective bargaining agreement.
For any teacher employed after July 1, 1987 as a full-time
teacher in a program of a special education joint agreement,

whether the program is operated by the joint agreement or a
member district on behalf of the joint agreement, in the event
of a reduction in the number of programs or positions in the
joint agreement in which the notice of dismissal is provided
during the 2011-2012 school term or a subsequent school term,
the teacher shall be included on the honorable dismissal lists
of all joint agreement programs for positions for which the
teacher is qualified and is eligible for employment in such
programs in accordance with subsections (b) and (c) of Section
24-12 of this Code and the applicable honorable dismissal
policies of the joint agreement.
(k) For any teacher employed after July 1, 1987 as a
full-time teacher in a program of a special education joint
agreement, whether the program is operated by the joint
agreement or a member district on behalf of the joint
agreement, in the event of the dissolution of a joint
agreement, in which the notice to teachers of the dissolution
is provided during the 2010-2011 school term, the teacher in
contractual continued service who is legally qualified shall be
assigned to any comparable position in a member district
currently held by a teacher who has not entered upon
contractual continued service or held by a teacher who has
entered upon contractual continued service with a shorter
length of contractual continued service. Any teacher employed
after July 1, 1987 as a full-time teacher in a program of a
special education joint agreement, whether the program is

operated by the joint agreement or a member district on behalf
of the joint agreement, in the event of the dissolution of a
joint agreement in which the notice to teachers of the
dissolution is provided during the 2011-2012 school term or a
subsequent school term, the teacher who is qualified shall be
included on the order of honorable dismissal lists of each
member district and shall be assigned to any comparable
position in any such district in accordance with subsections
(b) and (c) of Section 24-12 of this Code and the applicable
honorable dismissal policies of each member district.
Any teacher employed after July 1, 1987 as a full-time
teacher in a program of a special education joint agreement,
whether the program is operated by the joint agreement or a
member district on behalf of the joint agreement, for a
probationary period of two consecutive years shall enter upon
contractual continued service in all of the programs conducted
by such joint agreement which the teacher is legally qualified
to hold; except that for a teacher who is first employed on or
after January 1, 1998 in a program of a special education joint
agreement and who has not before that date already entered upon
contractual continued service in all of the programs conducted
by the joint agreement that the teacher is legally qualified to
hold, the probationary period shall be 4 consecutive years
before the teacher enters upon contractual continued service in
all of those programs. In the event of a reduction in the
number of programs or positions in the joint agreement, the

teacher on contractual continued service shall be eligible for
employment in the joint agreement programs for which the
teacher is legally qualified in order of greater length of
continuing service in the joint agreement unless an alternative
method of determining the sequence of dismissal is established
in a collective bargaining agreement. In the event of the
dissolution of a joint agreement, the teacher on contractual
continued service who is legally qualified shall be assigned to
any comparable position in a member district currently held by
a teacher who has not entered upon contractual continued
service or held by a teacher who has entered upon contractual
continued service with shorter length of contractual continued
service.
(l) The governing board of the joint agreement, or the
administrative district, if so authorized by the articles of
agreement of the joint agreement, rather than the board of
education of a school district, may carry out employment and
termination actions including dismissals under this Section
and Section 24-12.
For purposes of this and succeeding Sections of this
Article, a program of a special educational joint agreement
shall be defined as instructional, consultative, supervisory,
administrative, diagnostic, and related services which are
managed by the special educational joint agreement designed to
service two or more districts which are members of the joint
agreement.

Each joint agreement shall be required to post by February
1, a list of all its employees in order of length of continuing
service in the joint agreement, unless an alternative method of
determining a sequence of dismissal is established in an
applicable collective bargaining agreement.
(m) The employment of any teacher in a special education
program authorized by Section 14-1.01 through 14-14.01, or a
joint educational program established under Section 10-22.31a,
shall be under this and the succeeding Sections of this
Article, and such employment shall be deemed a continuation of
the previous employment of such teacher in any of the
participating districts, regardless of the participation of
other districts in the program.
(n) Any teacher employed as a full-time teacher in a
special education program prior to September 23, 1987 in which
2 or more school districts participate for a probationary
period of 2 consecutive years shall enter upon contractual
continued service in each of the participating districts,
subject to this and the succeeding Sections of this Article,
and, notwithstanding Section 24-1.5 of this Code, in the event
of the termination of the program shall be eligible for any
vacant position in any of such districts for which such teacher
is qualified.
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
(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 not in
contractual continued service who has not received a
performance evaluation rating.
(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 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.
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. 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 biannual
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. 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 may 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 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 (a) of this Section. The
joint committee must be established and the first meeting of
the joint committee must occur on or before December 1, 2011 or
30 days after the effective date of this amendatory Act of the
97th General Assembly, whichever is later.
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.
(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 or removal is sought for any other 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 shall be
served upon the teacher 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. Such notice shall contain a bill of
particulars.
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 10 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 , in which case the board shall
schedule a hearing on those charges before a disinterested
hearing officer on a date no less than 15 nor more than 30
days after the enactment of the motion. 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 this

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 educational employers and
educational 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 . No one on the list may be a
resident of the school district. 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 first 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 first list
and notify the State Board of Education of such rejection
to require the State Board of Education to provide a second
list of 5 prospective, impartial hearing officers, none of
whom were named on the first list. Within 3 business 5 days
after receiving this notification request for a second
list, 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) provide the second list of 5
prospective, impartial hearing officers. The procedure for
selecting a hearing officer from the second list shall be
the same as the procedure for the first list.
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 first or second list received from the State Board
of Education 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 a list received from the State Board of
Education 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. Any person
selected by the parties under this alternative procedure
for the selection of a hearing officer shall not be a
resident of the school district and shall have the same
qualifications and authority as a hearing officer selected
from a list provided by the State Board of Education. The
State Board of Education shall promulgate uniform
standards and 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
of procedure for such hearings. 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 As to prehearing discovery, such rules and
regulations shall, at a minimum, allow for: (1) discovery
of names and addresses of persons who may be called as
expert witnesses at the hearing, a summary of the facts or
opinions each witness will testify to, and all other the
omission of any such name to result in a preclusion of the
testimony of such witness in the absence of a showing of
good cause and the express permission of the hearing
officer; (2) bills of particulars; (3) written
interrogatories; and (4) production of relevant 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 per diem allowance for the hearing officer
shall be determined and paid by the State Board of
Education. 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. The teacher
has the privilege of being present at the hearing with
counsel and of cross-examining witnesses and may offer
evidence and witnesses and present defenses to the charges.
The hearing officer may issue subpoenas and subpoenas duces
tecum requiring the attendance of witnesses and, at the
request of the teacher against whom a charge is made or the
board, shall issue such subpoenas, but the hearing officer
may limit the number of witnesses to be subpoenaed in
behalf of the teacher or the board to not more than 10. 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 State Board of
Education. 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) If in the opinion of the board the interests of the
school require it, the board may suspend the teacher
pending the hearing, but if acquitted the teacher shall not
suffer the loss of any salary by reason of the suspension.
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 which, if not removed, may result
in charges; however, no such written warning shall be
required if the causes have been the subject of a
remediation plan pursuant to Article 24A. The hearing
officer shall consider and give weight to all of the
teacher's evaluations written pursuant to Article 24A.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 the hearing officer fails to
render a decision within 30 days, the State Board of
Education shall communicate with the hearing officer to
determine the date that the parties can reasonably expect

to receive the decision. The State Board of Education shall
provide copies of all such communications to the parties.
In the event the hearing officer fails without good cause
to make a decision within the 30 day period, the name of
such hearing officer shall be struck for a period of not
more than 24 months from the master list of hearing
officers maintained by the State Board of Education. 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 3 months after the hearing is
concluded or the record is closed, whichever is later, the
State Board of Education shall provide the parties with a
new list of prospective, impartial hearing officers, with
the same qualifications provided herein, one of whom shall
be selected, as provided in this Section, to review the
record and render a decision. 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 the
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 3 months 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 any
costs of preparing and filing the record of proceedings,
and such costs associated therewith must be divided equally
between the parties shall be paid by the board.
(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
determine the amount for which 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 is liable
including but not limited to loss of income and costs
incurred therein.
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) The changes made by this amendatory Act of the
97th General Assembly shall apply to dismissals instituted
on or after September 1, 2011 or the effective date of this
amendatory Act of the 97th General Assembly, whichever is
later. Any dismissal instituted prior to the effective date
of these changes must be carried out in accordance with the
requirements of this Section prior to amendment by this
amendatory Act of 97th General Assembly.
If, by reason of any change in the boundaries of school
districts, or by reason of the creation of a new school

district, the position held by any teacher having a
contractual continued service status is transferred from
one board to the control of a new or different board, the
contractual continued service status of such teacher is not
thereby lost, and such new or different board is subject to
this Act with respect to such teacher in the same manner as
if such teacher were its employee and had been its employee
during the time such teacher was actually employed by the
board from whose control the position was transferred.
(Source: P.A. 89-618, eff. 8-9-96; 90-224, eff. 7-25-97.)
(105 ILCS 5/24-16) (from Ch. 122, par. 24-16)
Sec. 24-16. Judicial review of administrative decision.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
instituted for the judicial review of final administrative
decisions of the a hearing officer for dismissals pursuant to
Article 24A of this Code or of a school board for dismissal for
cause under Section 24-12 of this Article. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 82-783.)
(105 ILCS 5/24-16.5 new)
Sec. 24-16.5. Optional alternative evaluative dismissal

process for PERA evaluations.
(a) As used in this Section:
"Applicable hearing requirements" means, for any school
district having less than 500,000 inhabitants or a program of a
special education joint agreement, those procedures and
requirements relating to a teacher's request for a hearing,
selection of a hearing officer, pre-hearing and hearing
procedures, and post-hearing briefs set forth in paragraphs (1)
through (6) of subsection (d) of Section 24-12 of this Code.
"Board" means, for a school district having less than
500,000 inhabitants or a program of a special education joint
agreement, the board of directors, board of education, or board
of school inspectors, as the case may be. For a school district
having 500,000 inhabitants or more, "board" means the Chicago
Board of Education.
"Evaluator" means an evaluator, as defined in Section
24A-2.5 of this Code, who has successfully completed the
pre-qualification program described in subsection (b) of
Section 24A-3 of this Code.
"Hearing procedures" means, for a school district having
500,000 inhabitants or more, those procedures and requirements
relating to a teacher's request for a hearing, selection of a
hearing officer, pre-hearing and hearing procedures, and
post-hearing briefs set forth in paragraphs (1) through (5) of
subsection (a) of Section 34-85 of this Code.
"PERA-trained board member" means a member of a board that

has completed a training program on PERA evaluations either
administered or approved by the State Board of Education.
"PERA evaluation" means a performance evaluation of a
teacher after the implementation date of an evaluation system
for teachers, as specified by Section 24A-2.5 of this Code,
using a performance evaluation instrument and process that
meets the minimum requirements for teacher evaluation
instruments and processes set forth in rules adopted by the
State Board of Education to implement Public Act 96-861.
"Remediation" means the remediation plan, mid-point and
final evaluations, and related processes and requirements set
forth in subdivisions (i), (j), and (k) of Section 24A-5 of
this Code.
"School district" means a school district or a program of a
special education joint agreement.
"Second evaluator" means an evaluator who either conducts
the mid-point and final remediation evaluation or conducts an
independent assessment of whether the teacher completed the
remediation plan with a rating equal to or better than a
"Proficient" rating, all in accordance with subdivision (c) of
this Section.
"Student growth components" means the components of a
performance evaluation plan described in subdivision (c) of
Section 24A-5 of this Code, as may be supplemented by
administrative rules adopted by the State Board of Education.
"Teacher practice components" means the components of a

performance evaluation plan described in subdivisions (a) and
(b) of Section 24A-5 of this Code, as may be supplemented by
administrative rules adopted by the State Board of Education.
"Teacher representatives" means the exclusive bargaining
representative of a school district's teachers or, if no
exclusive bargaining representatives exists, a representative
committee selected by teachers.
(b) This Section applies to all school districts, including
those having 500,000 or more inhabitants. The optional
dismissal process set forth in this Section is an alternative
to those set forth in Sections 24-12 and 34-85 of this Code.
Nothing in this Section is intended to change the existing
practices or precedents under Section 24-12 or 34-85 of this
Code, nor shall this Section be interpreted as implying
standards and procedures that should or must be used as part of
a remediation that precedes a dismissal sought under Section
24-12 or 34-85 of this Code.
A board may dismiss a teacher who has entered upon
contractual continued service under this Section if the
following are met:
(1) the cause of dismissal is that the teacher has
failed to complete a remediation plan with a rating equal
to or better than a "Proficient" rating;
(2) the "Unsatisfactory" performance evaluation rating
that preceded remediation resulted from a PERA evaluation;
and

(3) the school district has complied with subsection
(c) of this Section.
A school district may not, through agreement with a teacher
or its teacher representatives, waive its right to dismiss a
teacher under this Section.
(c) Each school district electing to use the dismissal
process set forth in this Section must comply with the
pre-remediation and remediation activities and requirements
set forth in this subsection (c).
(1) Before a school district's first remediation
relating to a dismissal under this Section, the school
district must create and establish a list of at least 2
evaluators who will be available to serve as second
evaluators under this Section. The school district shall
provide its teacher representatives with an opportunity to
submit additional names of teacher evaluators who will be
available to serve as second evaluators and who will be
added to the list created and established by the school
district, provided that, unless otherwise agreed to by the
school district, the teacher representatives may not
submit more teacher evaluators for inclusion on the list
than the number of evaluators submitted by the school
district. Each teacher evaluator must either have (i)
National Board of Professional Teaching Standards
certification, with no "Unsatisfactory" or "Needs
Improvement" performance evaluating ratings in his or her 2

most recent performance evaluation ratings; or (ii)
"Excellent" performance evaluation ratings in 2 of his or
her 3 most recent performance evaluations, with no "Needs
Improvement" or "Unsatisfactory" performance evaluation
ratings in his or her last 3 ratings. If the teacher
representatives do not submit a list of teacher evaluators
within 21 days after the school district's request, the
school district may proceed with a remediation using a list
that includes only the school district's selections.
Either the school district or the teacher representatives
may revise or add to their selections for the list at any
time with notice to the other party, subject to the
limitations set forth in this paragraph (1).
(2) Before a school district's first remediation
relating to a dismissal under this Section, the school
district shall, in good faith cooperation with its teacher
representatives, establish a process for the selection of a
second evaluator from the list created pursuant to
paragraph (1) of this subsection (c). Such process may be
amended at any time in good faith cooperation with the
teacher representatives. If the teacher representatives
are given an opportunity to cooperate with the school
district and elect not to do so, the school district may,
at its discretion, establish or amend the process for
selection. Before the hearing officer and as part of any
judicial review of a dismissal under this Section, a

teacher may not challenge a remediation or dismissal on the
grounds that the process used by the school district to
select a second evaluator was not established in good faith
cooperation with its teacher representatives.
(3) For each remediation preceding a dismissal under
this Section, the school district shall select a second
evaluator from the list of second evaluators created
pursuant to paragraph (1) of this subsection (c), using the
selection process established pursuant to paragraph (2) of
this subsection (c). The selected second evaluator may not
be the same individual who determined the teacher's
"Unsatisfactory" performance evaluation rating preceding
remediation, and, if the second evaluator is an
administrator, may not be a direct report to the individual
who determined the teacher's "Unsatisfactory" performance
evaluation rating preceding remediation. The school
district's authority to select a second evaluator from the
list of second evaluators must not be delegated or limited
through any agreement with the teacher representatives,
provided that nothing shall prohibit a school district and
its teacher representatives from agreeing to a formal peer
evaluation process as permitted under Article 24A of this
Code that could be used to meet the requirements for the
selection of second evaluators under this subsection (c).
(4) The second evaluator selected pursuant to
paragraph (3) of this subsection (c) must either (i)

conduct the mid-point and final evaluation during
remediation or (ii) conduct an independent assessment of
whether the teacher completed the remediation plan with a
rating equal to or better than a "Proficient" rating, which
independent assessment shall include, but is not limited
to, personal or video-recorded observations of the teacher
that relate to the teacher practice components of the
remediation plan. Nothing in this subsection (c) shall be
construed to limit or preclude the participation of the
evaluator who rated a teacher as "Unsatisfactory" in
remediation.
(d) To institute a dismissal proceeding under this Section,
the board must first provide written notice to the teacher
within 30 days after the completion of the final remediation
evaluation. The notice shall comply with the applicable hearing
requirements and, in addition, must specify that dismissal is
sought under this Section and include a copy of each
performance evaluation relating to the scope of the hearing as
described in this subsection (d).
The applicable hearing requirements shall apply to the
teacher's request for a hearing, the selection and
qualifications of the hearing officer, and pre-hearing and
hearing procedures, except that all of the following must be
met:
(1) The hearing officer must, in addition to meeting
the qualifications set forth in the applicable hearing

requirements, have successfully completed the
pre-qualification program described in subsection (b) of
Section 24A-3 of this Code, unless the State Board of
Education waives this requirement to provide an adequate
pool of hearing officers for consideration.
(2) The scope of the hearing must be limited as
follows:
(A) The school district must demonstrate the
following:
(i) that the "Unsatisfactory" performance
evaluation rating that preceded remediation
applied the teacher practice components and
student growth components and determined an
overall evaluation rating of "Unsatisfactory" in
accordance with the standards and requirements of
the school district's evaluation plan;
(ii) that the remediation plan complied with
the requirements of Section 24A-5 of this Code;
(iii) that the teacher failed to complete the
remediation plan with a performance evaluation
rating equal to or better than a "Proficient"
rating, based upon a final remediation evaluation
meeting the applicable standards and requirements
of the school district's evaluation plan; and
(iv) that if the second evaluator selected
pursuant to paragraph (3) of subsection (c) of this

Section does not conduct the mid-point and final
evaluation and makes an independent assessment
that the teacher completed the remediation plan
with a rating equal to or better than a
"Proficient" rating, the school district must
demonstrate that the final remediation evaluation
is a more valid assessment of the teacher's
performance than the assessment made by the second
evaluator.
(B) The teacher may only challenge the substantive
and procedural aspects of (i) the "Unsatisfactory"
performance evaluation rating that led to the
remediation, (ii) the remediation plan, and (iii) the
final remediation evaluation. To the extent the
teacher challenges procedural aspects, including any
in applicable collective bargaining agreement
provisions, of a relevant performance evaluation
rating or the remediation plan, the teacher must
demonstrate how an alleged procedural defect
materially affected the teacher's ability to
demonstrate a level of performance necessary to avoid
remediation or dismissal or successfully complete the
remediation plan. Without any such material effect, a
procedural defect shall not impact the assessment by
the hearing officer, board, or reviewing court of the
validity of a performance evaluation or a remediation

plan.
(C) The hearing officer shall only consider and
give weight to performance evaluations relevant to the
scope of the hearing as described in clauses (A) and
(B) of this subdivision (2).
(3) Each party shall be given only 2 days to present
evidence and testimony relating to the scope of the
hearing, unless a longer period is mutually agreed to by
the parties or deemed necessary by the hearing officer to
enable a party to present adequate evidence and testimony
to address the scope of the hearing, including due to the
other party's cross-examination of the party's witnesses.
(e) The provisions of Sections 24-12 and 34-85 pertaining
to the decision or recommendation of the hearing officer do not
apply to dismissal proceedings under this Section. For any
dismissal proceedings under this Section, the hearing officer
shall not issue a decision, and shall issue only findings of
fact and a recommendation, including the reasons therefor, to
the board to either retain or dismiss the teacher and shall
give a copy of the report to both the teacher and the
superintendent of the school district. The hearing officer's
findings of fact and recommendation must be issued within 30
days from the close of the record of the hearing.
The State Board of Education shall adopt rules regarding
the length of the hearing officer's findings of fact and
recommendation. If a hearing officer fails without good cause,

specifically provided in writing to both parties and the State
Board of Education, to render a 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 Section 24-12 or 34-85, to rehear the charges heard
by the hearing officer who failed to render a recommendation or
to review the record and render a recommendation. If any
hearing officer fails without good cause, specifically
provided in writing to both parties and the State Board of
Education, to render a 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 shall be
permanently removed from the master list of hearing officers
maintained by the State Board of Education.
(f) The board, within 45 days after receipt of the hearing
officer's findings of fact and recommendation, shall decide,
through adoption of a written order, whether the teacher must
be dismissed from its employ or retained, provided that only
PERA-trained board members may participate in the vote with

respect to the decision.
If the board dismisses the teacher notwithstanding the
hearing officer's recommendation of retention, the board shall
make a conclusion, giving its reasons therefor, and such
conclusion and reasons must be included in its written order.
The failure of the board to strictly adhere to the timelines
contained in this Section does not render it without
jurisdiction to dismiss the teacher. The board shall not lose
jurisdiction to discharge the teacher if the hearing officer
fails to render a recommendation within the time specified in
this Section. The decision of the board is final, unless
reviewed as provided in subsection (g) of this Section.
If the board retains the teacher, the 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 of
its retention order.
(g) A teacher dismissed under this Section may apply for
and obtain judicial review of a decision of the board in
accordance with the provisions of the Administrative Review
Law, except as follows:
(1) for a teacher dismissed by a school district having
500,000 inhabitants or more, such judicial review must be
taken directly to the appellate court of the judicial
district in which the board maintains its primary
administrative office, and any direct appeal to the
appellate court must be filed within 35 days from the date

that a copy of the decision sought to be reviewed was
served upon the teacher;
(2) for a teacher dismissed by a school district having
less than 500,000 inhabitants after the hearing officer
recommended dismissal, such judicial review must be taken
directly to the appellate court of the judicial district in
which the board maintains its primary administrative
office, and any direct appeal to the appellate court must
be filed within 35 days from the date that a copy of the
decision sought to be reviewed was served upon the teacher;
and
(3) for all school districts, if the hearing officer
recommended dismissal, the decision of the board may be
reversed only if it is found to be arbitrary, capricious,
an abuse of discretion, or not in accordance with law.
In the event judicial review is instituted by a teacher,
any costs of preparing and filing the record of proceedings
must be paid by the teacher. If a decision of the board is
adjudicated upon judicial review in favor of the teacher, then
the court shall remand the matter to the 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 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 board.

(105 ILCS 5/24A-2.5)
Sec. 24A-2.5. Definitions. In this Article:
"Evaluator" means:
(1) an administrator qualified under Section 24A-3; or
(2) other individuals qualified under Section 24A-3,
provided that, if such other individuals are in the
bargaining unit of a district's teachers, the district and
the exclusive bargaining representative of that unit must
agree to those individuals evaluating other bargaining
unit members.
Notwithstanding anything to the contrary in item (2) of
this definition, a school district operating under Article 34
of this Code may require department chairs qualified under
Section 24A-3 to evaluate teachers in their department or
departments, provided that the school district shall bargain
with the bargaining representative of its teachers over the
impact and effects on department chairs of such a requirement.
"Implementation date" means, unless otherwise specified
and provided that the requirements set forth in subsection (d)
of Section 24A-20 have been met:
(1) For school districts having 500,000 or more
inhabitants, in at least 300 schools by September 1, 2012
and in the remaining schools by September 1, 2013.
(2) For school districts having less than 500,000
inhabitants and receiving a Race to the Top Grant or School

Improvement Grant after the effective date of this
amendatory Act of the 96th General Assembly, the date
specified in those grants for implementing an evaluation
system for teachers and principals incorporating student
growth as a significant factor.
(3) For the lowest performing 20% percent of remaining
school districts having less than 500,000 inhabitants
(with the measure of and school year or years used for
school district performance to be determined by the State
Superintendent of Education at a time determined by the
State Superintendent), September 1, 2015.
(4) For all other school districts having less than
500,000 inhabitants, September 1, 2016.
Notwithstanding items (3) and (4) of this definition, a
school district and the exclusive bargaining representative of
its teachers may jointly agree in writing to an earlier
implementation date, provided that such date must not be
earlier than September 1, 2013. The written agreement of the
district and the exclusive bargaining representative must be
transmitted to the State Board of Education.
"Race to the Top Grant" means a grant made by the Secretary
of the U.S. Department of Education for the program first
funded pursuant to paragraph (2) of Section 14006(a) of the
American Recovery and Reinvestment Act of 2009.
"School Improvement Grant" means a grant made by the
Secretary of the U.S. Department of Education pursuant to

Section 1003(g) of the Elementary and Secondary Education Act.
(Source: P.A. 96-861, eff. 1-15-10.)
(105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
Sec. 24A-5. Content of evaluation plans. This Section does
not apply to teachers assigned to schools identified in an
agreement entered into between the board of a school district
operating under Article 34 of this Code and the exclusive
representative of the district's teachers in accordance with
Section 34-85c of this Code.
Each school district to which this Article applies shall
establish a teacher evaluation plan which ensures that each
teacher in contractual continued service is evaluated at least
once in the course of every 2 school years.
By no later than September 1, 2012, each school district
shall establish a teacher evaluation plan that ensures that:
(1) each teacher not in contractual continued service
is evaluated at least once every school year; and
(2) each teacher in contractual continued service is
evaluated at least once in the course of every 2 school
years. However, any teacher in contractual continued
service whose performance is rated as either "needs
improvement" or "unsatisfactory" must be evaluated at
least once in the school year following the receipt of such
rating.
Notwithstanding anything to the contrary in this Section or

any other Section of the School Code, a principal shall not be
prohibited from evaluating any teachers within a school during
his or her first year as principal of such school.
The evaluation plan shall comply with the requirements of
this Section and of any rules adopted by the State Board of
Education pursuant to this Section.
The plan shall include a description of each teacher's
duties and responsibilities and of the standards to which that
teacher is expected to conform, and shall include at least the
following components:
(a) personal observation of the teacher in the
classroom by the evaluator, unless the teacher has no
classroom duties.
(b) consideration of the teacher's attendance,
planning, instructional methods, classroom management,
where relevant, and competency in the subject matter
taught.
(c) by no later than the applicable implementation
date, consideration of student growth as a significant
factor in the rating of the teacher's performance.
(d) prior to September 1, 2012, rating of the
performance of teachers in contractual continued service
as either:
(i) "excellent", "satisfactory" or
"unsatisfactory"; or
(ii) "excellent", "proficient", "needs

improvement" or "unsatisfactory".
(e) on and after September 1, 2012, rating of the
performance of all teachers in contractual continued
service as "excellent", "proficient", "needs improvement"
or "unsatisfactory".
(f) specification as to the teacher's strengths and
weaknesses, with supporting reasons for the comments made.
(g) inclusion of a copy of the evaluation in the
teacher's personnel file and provision of a copy to the
teacher.
(h) within 30 school days after the completion of an
evaluation rating a teacher in contractual continued
service as "needs improvement", development by the
evaluator, in consultation with the teacher, and taking
into account the teacher's on-going professional
responsibilities including his or her regular teaching
assignments, of a professional development plan directed
to the areas that need improvement and any supports that
the district will provide to address the areas identified
as needing improvement.
(i) within 30 school days after completion of an
evaluation rating a teacher in contractual continued
service as "unsatisfactory", development and commencement
by the district of a remediation plan designed to correct
deficiencies cited, provided the deficiencies are deemed
remediable. In all school districts the remediation plan

for unsatisfactory, tenured teachers shall provide for 90
school days of remediation within the classroom, unless an
applicable collective bargaining agreement provides for a
shorter duration. In all school districts evaluations
issued pursuant to this Section shall be issued within 10
days after the conclusion of the respective remediation
plan. However, the school board or other governing
authority of the district shall not lose jurisdiction to
discharge a teacher in the event the evaluation is not
issued within 10 days after the conclusion of the
respective remediation plan.
(j) participation in the remediation plan by the
teacher in contractual continued service rated
"unsatisfactory", an evaluator and a consulting teacher
selected by the evaluator of the teacher who was rated
"unsatisfactory", which consulting teacher is an
educational employee as defined in the Educational Labor
Relations Act, has at least 5 years' teaching experience,
and a reasonable familiarity with the assignment of the
teacher being evaluated, and who received an "excellent"
rating on his or her most recent evaluation. Where no
teachers who meet these criteria are available within the
district, the district shall request and the applicable
regional office of education shall supply, to participate
in the remediation process, an individual who meets these
criteria.

In a district having a population of less than 500,000
with an exclusive bargaining agent, the bargaining agent
may, if it so chooses, supply a roster of qualified
teachers from whom the consulting teacher is to be
selected. That roster shall, however, contain the names of
at least 5 teachers, each of whom meets the criteria for
consulting teacher with regard to the teacher being
evaluated, or the names of all teachers so qualified if
that number is less than 5. In the event of a dispute as to
qualification, the State Board shall determine
qualification.
(k) a mid-point and final evaluation by an evaluator
during and at the end of the remediation period,
immediately following receipt of a remediation plan
provided for under subsections (i) and (j) of this Section.
Each evaluation shall assess the teacher's performance
during the time period since the prior evaluation; provided
that the last evaluation shall also include an overall
evaluation of the teacher's performance during the
remediation period. A written copy of the evaluations and
ratings, in which any deficiencies in performance and
recommendations for correction are identified, shall be
provided to and discussed with the teacher within 10 school
days after the date of the evaluation, unless an applicable
collective bargaining agreement provides to the contrary.
These subsequent evaluations shall be conducted by an

evaluator. The consulting teacher shall provide advice to
the teacher rated "unsatisfactory" on how to improve
teaching skills and to successfully complete the
remediation plan. The consulting teacher shall participate
in developing the remediation plan, but the final decision
as to the evaluation shall be done solely by the evaluator,
unless an applicable collective bargaining agreement
provides to the contrary. Evaluations at the conclusion of
the remediation process shall be separate and distinct from
the required annual evaluations of teachers and shall not
be subject to the guidelines and procedures relating to
those annual evaluations. The evaluator may but is not
required to use the forms provided for the annual
evaluation of teachers in the district's evaluation plan.
(l) reinstatement to the evaluation schedule set forth
in the district's evaluation plan for any teacher in
contractual continued service who achieves a rating equal
to or better than "satisfactory" or "proficient" in the
school year following a rating of "needs improvement" or
"unsatisfactory".
(m) dismissal in accordance with subsection (d) of
Section 24-12 or Section 24-16.5 or 34-85 of this the
School Code of any teacher who fails to complete any
applicable remediation plan with a rating equal to or
better than a "satisfactory" or "proficient" rating.
Districts and teachers subject to dismissal hearings are

precluded from compelling the testimony of consulting
teachers at such hearings under subsection (d) of Section
24-12 or Section 24-16.5 or 34-85 of this Code, either as
to the rating process or for opinions of performances by
teachers under remediation.
(n) After the implementation date of an evaluation
system for teachers in a district as specified in Section
24A-2.5 of this Code, if a teacher in contractual continued
service successfully completes a remediation plan
following a rating of "unsatisfactory" and receives a
subsequent rating of "unsatisfactory" in any of the
teacher's annual or biannual overall performance
evaluation ratings received during the 36-month period
following the teacher's completion of the remediation
plan, then the school district may forego remediation and
seek dismissal in accordance with subsection (d) of Section
24-12 or Section 34-85 of this Code.
Nothing in this Section or Section 24A-4 shall be construed
as preventing immediate dismissal of a teacher for deficiencies
which are deemed irremediable or for actions which are
injurious to or endanger the health or person of students in
the classroom or school, or preventing the dismissal or
non-renewal of teachers not in contractual continued service
for any reason not prohibited by applicable employment, labor,
and civil rights laws. Failure to strictly comply with the time
requirements contained in Section 24A-5 shall not invalidate

the results of the remediation plan.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
96-1423, eff. 8-3-10.)
(105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
Sec. 34-84. Appointments and promotions of teachers.
Appointments and promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period
of 3 years with respect to probationary employees employed as
full-time teachers in the public school system of the district
before January 1, 1998 and 4 years with respect to probationary
employees who are first employed as full-time teachers in the
public school system of the district on or after January 1,
1998, (during which period the board may dismiss or discharge
any such probationary employee upon the recommendation,
accompanied by the written reasons therefor, of the general
superintendent of schools and after which period ) appointments
of teachers shall become permanent, subject to removal for
cause in the manner provided by Section 34-85.
For a probationary-appointed teacher in full-time service
who is appointed on or after July 1, 2013 and who receives
ratings of "excellent" during his or her first 3 school terms
of full-time service, the probationary period shall be 3 school
terms of full-time service. For a probationary-appointed
teacher in full-time service who is appointed on or after July
1, 2013 and who had previously entered into contractual

continued service in another school district in this State or a
program of a special education joint agreement in this State,
as defined in Section 24-11 of this Code, the probationary
period shall be 2 school terms of full-time service, provided
that (i) the teacher voluntarily resigned or was honorably
dismissed from the prior district or program within the 3-month
period preceding his or her appointment date, (ii) the
teacher's last 2 ratings in the prior district or program were
at least "proficient" and were issued after the prior
district's or program's PERA implementation date, as defined in
Section 24-11 of this Code, and (iii) the teacher receives
ratings of "excellent" during his or her first 2 school terms
of full-time service.
For a probationary-appointed teacher in full-time service
who is appointed on or after July 1, 2013 and who has not
entered into contractual continued service after 2 or 3 school
terms of full-time service as provided in this Section, the
probationary period shall be 4 school terms of full-time
service, provided that the teacher receives a rating of at
least "proficient" in the last school term and a rating of at
least "proficient" in either the second or third school term.
As used in this Section, "school term" means the school
term established by the board pursuant to Section 10-19 of this
Code, and "full-time service" means the teacher has actually
worked at least 150 days during the school term. As used in
this Article, "teachers" means and includes all members of the

teaching force excluding the general superintendent and
principals.
There shall be no reduction in teachers because of a
decrease in student membership or a change in subject
requirements within the attendance center organization after
the 20th day following the first day of the school year, except
that: (1) this provision shall not apply to desegregation
positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at
attendance centers maintaining any of grades 9 through 12,
there may be a second reduction in teachers on the first day of
the second semester of the regular school term because of a
decrease in student membership or a change in subject
requirements within the attendance center organization.
The school principal shall make the decision in selecting
teachers to fill new and vacant positions consistent with
Section 34-8.1.
(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; Notice and hearing;
Suspension.
(a) No teacher employed by the board of education shall
(after serving the probationary period specified in Section
34-84) be removed except for cause. Teachers (who have
completed the probationary period specified in Section 34-84 of

this Code) shall be removed for cause in accordance with the
procedures set forth in this Section or, at the board's option,
the procedures set forth in Section 24-16.5 of this Code or
such other procedures established in an agreement entered into
between the board and the exclusive representative of the
district's teachers under Section 34-85c of this Code for
teachers (who have completed the probationary period specified
in Section 34-84 of this Code) assigned to schools identified
in that agreement. No principal employed by the board of
education shall be removed during the term of his or her
performance contract except for cause, which may include but is
not limited to the principal's repeated failure to implement
the school improvement plan or to comply with the provisions of
the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the
performance contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes
that may be deemed to be remediable, the teacher or principal
must be given reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if the
causes have been the subject of a remediation plan pursuant to
Article 24A of this Code or if the board and the exclusive
representative of the district's teachers have entered into an
agreement pursuant to Section 34-85c of this Code, pursuant to
an alternative system of remediation. No written warning shall

be required for conduct on the part of a teacher or principal
that is cruel, immoral, negligent, or criminal or that in any
way causes psychological or physical harm or injury to a
student, as that conduct is deemed to be irremediable. No
written warning shall be required for a material breach of the
uniform principal performance contract, as that conduct is
deemed to be irremediable; provided that not less than 30 days
before the vote of the local school council to seek the
dismissal of a principal for a material breach of a uniform
principal performance contract, the local school council shall
specify the nature of the alleged breach in writing and provide
a copy of it to the principal.
(1) To initiate dismissal proceedings against a
teacher or principal, the The general superintendent must
first approve written charges and specifications against
the teacher or principal. A local school council may direct
the general superintendent to approve written charges
against its principal on behalf of the Council upon the
vote of 7 members of the Council. The general
superintendent must approve those charges within 45
calendar days or provide a written reason for not approving
those charges. A written notice of those charges, including
specifications, shall be served upon the teacher or
principal within 10 business days of the approval of the
charges. Any written notice sent on or after July 1, 2012
shall also inform the teacher or principal of the right to

request a hearing before a mutually selected hearing
officer, with the cost of the hearing officer split equally
between the teacher or principal and the board, or a
hearing before a qualified hearing officer chosen by the
general superintendent, with the cost of the hearing
officer paid by the board. If the teacher or principal
cannot be found upon diligent inquiry, such charges may be
served upon him by mailing a copy thereof in a sealed
envelope by prepaid certified mail, return receipt
requested, to the teacher's or principal's last known
address. A return receipt showing delivery to such address
within 20 calendar days after the date of the approval of
the charges shall constitute proof of service.
(2) No hearing upon the charges is required unless the
teacher or principal within 17 calendar 10 days after
receiving notice requests in writing of the general
superintendent that a hearing be scheduled, in which case
the general superintendent shall schedule a hearing on
those charges before a disinterested hearing officer on a
date no less than 15 nor more than 30 days after the
approval of the charges. Pending the hearing of the
charges, the general superintendent or his or her designee
may suspend the teacher or principal charged without pay in
accordance with rules prescribed by the board, provided
that if the teacher or principal charged is not dismissed
based on the charges, he or she must be made whole for lost

earnings, less setoffs for mitigation.
(3) The board shall maintain a list of at least 9
qualified hearing officers who will conduct hearings on
charges and specifications. The list must be developed in
good faith consultation with the exclusive representative
of the board's teachers and professional associations that
represent the board's principals. The list may be revised
on July 1st of each year or earlier as needed. To be a
qualified hearing officer, the person must (i) The general
superintendent shall forward a copy of the notice to the
State Board of Education within 5 days from the date of the
approval of the charges. Within 10 days after receiving the
notice of hearing, the State Board of Education shall
provide the teacher or principal and the general
superintendent with a list of 5 prospective, impartial
hearing officers. Each person on the list must be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience as an arbitrator in
cases involving labor and employment relations matters
between educational employers and educational 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.

(3) Within 5 business days after receiving the notice
of request for a hearing, the The general superintendent
and the teacher or principal or their legal representatives
within 3 days from receipt of the list shall alternately
strike one name from the list until only one name remains.
Unless waived by the teacher, the teacher or principal
shall have the right to proceed first with the striking. If
the teacher or principal fails to participate in the
striking process, the general superintendent shall either
select the hearing officer from the list developed pursuant
to this paragraph (3) or select another qualified hearing
officer from the master list maintained by the State Board
of Education pursuant to subsection (c) of Section 24-12 of
this Code. Within 3 days of receipt of the first list
provided by the State Board of Education, the general
superintendent and the teacher or principal or their legal
representatives shall each have the right to reject all
prospective hearing officers named on the first list and to
require the State Board of Education to provide a second
list of 5 prospective, impartial hearing officers, none of
whom were named on the first list. Within 5 days after
receiving this request for a second list, the State Board
of Education shall provide the second list of 5
prospective, impartial hearing officers. The procedure for
selecting a hearing officer from the second list shall be
the same as the procedure for the first list. Each party

shall promptly serve written notice on the other of any
name stricken from the list. If the teacher or principal
fails to do so, the general superintendent may select the
hearing officer from any name remaining on the list. The
teacher or principal may waive the hearing at any time
prior to the appointment of the hearing officer. Notice of
the selection of the hearing officer shall be given to the
State Board of Education. The hearing officer shall be
notified of his selection by the State Board of Education.
A signed acceptance shall be filed with the State Board of
Education within 5 days of receipt of notice of the
selection. The State Board of Education shall notify the
teacher or principal and the board of its appointment of
the hearing officer. In the alternative to selecting a
hearing officer from the first or second list received from
the State Board of Education, the general superintendent
and the teacher or principal or their legal representatives
may mutually agree to select an impartial hearing officer
who is not on a list received from the State Board of
Education, 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 days of receipt of a list of prospective

hearing officers provided by the State Board of Education.
Any person selected by the parties under this alternative
procedure for the selection of a hearing officer shall have
the same qualifications and authority as a hearing officer
selected from a list provided by the State Board of
Education. The teacher or principal may waive the hearing
at any time prior to the appointment of the hearing
officer. The State Board of Education shall promulgate
uniform standards and rules of procedure for such hearings,
including reasonable rules of discovery.
(4) If the notice of dismissal was sent to the teacher
or principal before July 1, 2012, the fees and costs The
per diem allowance for the hearing officer shall be paid by
the State Board of Education. If the notice of dismissal
was sent to the teacher or principal on or after July 1,
2012, the hearing officer's fees and costs must be paid as
follows in this paragraph (4). The fees and permissible
costs for the hearing officer shall be determined by the
State Board of Education. If the hearing officer is
mutually selected by the parties through alternate
striking in accordance with paragraph (3) of this
subsection (a), then the board and the teacher or their
legal representative shall each pay 50% of the fees and
costs and any supplemental allowance to which they agree.
If the hearing officer is selected by The hearing officer
shall hold a hearing and render findings of fact and a

recommendation to the general superintendent without the
participation of the teacher or principal, then the board
shall pay 100% of the hearing officer fees and costs. The
hearing officer shall submit for payment a billing
statement to the parties that itemizes the charges and
expenses and divides them in accordance with this Section.
(5) The teacher or the principal charged is required to
answer the charges and specifications and aver affirmative
matters in his or her defense, and the time for doing so
must be set by the hearing officer. The State Board of
Education shall adopt rules so that each party has a fair
opportunity to present its case and to ensure that the
dismissal proceeding is concluded in an expeditious
manner. The rules shall address, without limitation, the
teacher or principal's answer and affirmative defenses to
the charges and specifications; a requirement that each
party make mandatory disclosures without request to the
other party and then update the disclosure no later than 10
calendar days prior to the commencement of the hearing,
including a list of the names and addresses of persons who
may be called as witnesses at the hearing, a summary of the
facts or opinions each witness will testify to, and all
other documents and materials, including information
maintained electronically, relevant to its own as well as
the other party's case (the hearing officer may exclude
witnesses and exhibits not identified and shared, except

those offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each
party to be represented by counsel, the offer of evidence
and witnesses and the cross-examination of witnesses; the
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed in
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of
hearing officers' reports and recommendations to the
general superintendent.
The hearing officer shall commence the hearing within
75 calendar days and conclude the hearing within 120
calendar days after being selected by the parties as the
hearing officer, provided that these timelines may be
modified upon the showing of good cause or mutual agreement
of the parties. Good cause for the purposes of this
paragraph (5) shall mean the illness or otherwise
unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing,

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. The
teacher or principal has the privilege of being present at
the hearing with counsel and of cross-examining witnesses
and may offer evidence and witnesses and present defenses
to the charges. Each party shall have no more than 3 days
to present its case, unless extended by the hearing officer
to enable a party to present adequate evidence and
testimony, including due to the other party's
cross-examination of the party's witnesses, for good cause
or by mutual agreement of the parties. The State Board of
Education shall define in rules the meaning of "day" for
such purposes. The hearing officer may issue subpoenas
requiring the attendance of witnesses and, at the request
of the teacher or principal against whom a charge is made
or the general superintendent, shall issue such subpoenas,
but the hearing officer may limit the number of witnesses
to be subpoenaed in behalf of the teacher or principal or
the general superintendent to not more than 10 each. All
testimony at the hearing shall be taken under oath
administered by the hearing officer. The hearing officer
shall cause a record of the proceedings to be kept and
shall employ a competent reporter to take stenographic or
stenotype notes of all the testimony. The costs of the
reporter's attendance and services at the hearing shall be

paid by the party or parties who are paying the fees and
costs of the hearing officer State Board of Education.
Either party desiring a transcript of the hearing shall pay
for the cost thereof. At the close of the hearing, the
hearing officer shall direct the parties to submit
post-hearing briefs no later than 21 calendar days after
receipt of the transcript. Either or both parties may waive
submission of briefs.
Pending the hearing of the charges, the person charged
may be suspended in accordance with rules prescribed by the
board but such person, if acquitted, shall not suffer any
loss of salary by reason of the suspension.
Before service of notice of charges on account of
causes that may be deemed to be remediable, the teacher or
principal shall be given reasonable warning in writing,
stating specifically the causes which, if not removed, may
result in charges; however, no such written warning shall
be required if the causes have been the subject of a
remediation plan pursuant to Article 24A or where the board
of education and the exclusive representative of the
district's teachers have entered into an agreement
pursuant to Section 34-85c of this Code, pursuant to an
alternative system of remediation. No written warning
shall be required for conduct on the part of a teacher or
principal which is cruel, immoral, negligent, or criminal
or which in any way causes psychological or physical harm

or injury to a student as that conduct is deemed to be
irremediable. No written warning shall be required for a
material breach of the uniform principal performance
contract as that conduct is deemed to be irremediable;
provided however, that not less than 30 days before the
vote of the local school council to seek the dismissal of a
principal for a material breach of a uniform principal
performance contract, the local school council shall
specify the nature of the alleged breach in writing and
provide a copy of it to the principal.
The hearing officer shall consider and give weight to
all of the teacher's evaluations written pursuant to
Article 24A.
(6) The hearing officer shall within 30 calendar 45
days from the conclusion of the hearing report to the
general superintendent findings of fact and a
recommendation as to whether or not the teacher or
principal shall be dismissed and shall give a copy of the
report to both the teacher or principal and the general
superintendent. The State Board of Education shall provide
by rule the form of the hearing officer's report and
recommendation.
(7) The board, within 45 days of receipt of the hearing
officer's findings of fact and recommendation, shall make a
decision as to whether the teacher or principal shall be
dismissed from its employ. The failure of the board to

strictly adhere to the timeliness contained herein shall
not render it without jurisdiction to dismiss the teacher
or principal. In the event that the board declines to
dismiss the teacher or principal after review of a hearing
officer's recommendation, the board shall set the amount of
back pay and benefits to award the teacher or principal,
which shall include offsets for interim earnings and
failure to mitigate losses. The board shall establish
procedures for the teacher's or principal's submission of
evidence to it regarding lost earnings, lost benefits,
mitigation, and offsets. If the hearing officer fails to
render a decision within 45 days, the State Board of
Education shall communicate with the hearing officer to
determine the date that the parties can reasonably expect
to receive the decision. The State Board of Education shall
provide copies of all such communications to the parties.
In the event the hearing officer fails without good cause
to make a decision within the 45 day period, the name of
such hearing officer shall be struck for a period not less
than 24 months from the master list of hearing officers
maintained by the State Board of Education. The board shall
not lose jurisdiction to discharge the teacher or principal
if the hearing officer fails to render a decision within
the time specified in this Section. If a hearing officer
fails to render a decision within 3 months after the
hearing is declared closed, the State Board of Education

shall provide the parties with a new list of prospective,
impartial hearing officers, with the same qualifications
provided herein, one of whom shall be selected, as provided
in this Section, to rehear the charges heard by the hearing
officer who failed to render a decision. The parties may
also 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. A violation of the professional standards set
forth in "The Code of Professional Responsibility for
Arbitrators of Labor-Management Disputes", of the National
Academy of Arbitrators, the American Arbitration
Association, and the Federal Mediation and Conciliation
Service, or the failure of a hearing officer to render a
decision within 3 months after the hearing is declared
closed shall be grounds for removal of the hearing officer
from the master list of hearing officers maintained by the
State Board of Education. The decision of the board is
final unless reviewed in accordance with paragraph (8) of
this subsection (a) as provided in Section 34-85b of this
Act.
(8) The teacher may seek judicial review of the board's
decision in accordance with the Administrative Review Law,
which is specifically incorporated in this Section, except
that the review must be initiated in the Illinois Appellate
Court for the First District. In the event judicial review

is instituted, any costs of preparing and filing the record
of proceedings shall be paid by the party instituting the
review. In the event the appellate court reverses a board
decision to dismiss a teacher or principal and directs the
board to pay the teacher or the principal back pay and
benefits, the appellate court shall remand the matter to
the board to issue an administrative decision as to the
amount of back pay and benefits, which shall include a
calculation of the lost earnings, lost benefits,
mitigation, and offsets based on evidence submitted to the
board in accordance with procedures established by the
board. If a decision of the board is adjudicated upon
review or appeal in favor of the teacher or principal, then
the trial court shall order reinstatement and shall
determine the amount for which the board is liable
including but not limited to loss of income and costs
incurred therein.
(b) Nothing in this Section affects the validity of removal
for cause hearings commenced prior to the effective date of
this amendatory Act of the 97th General Assembly 1978.
The changes made by this amendatory Act of the 97th General
Assembly shall apply to dismissals instituted on or after
September 1, 2011 or the effective date of this amendatory Act
of the 97th General Assembly, whichever is later. Any dismissal
instituted prior to the effective date of these changes must be
carried out in accordance with the requirements of this Section

prior to amendment by this amendatory Act of 97th General
Assembly.
(Source: P.A. 95-510, eff. 8-28-07.)
(105 ILCS 5/34-85c)
Sec. 34-85c. Alternative procedures for teacher
evaluation, remediation, and removal for cause after
remediation.
(a) Notwithstanding any law to the contrary, the board and
the exclusive representative of the district's teachers are
hereby authorized to enter into an agreement to establish
alternative procedures for teacher evaluation, remediation,
and removal for cause after remediation, including an
alternative system for peer evaluation and recommendations;
provided, however, that no later than September 1, 2012: (i)
any alternative procedures must include provisions whereby
student performance data is a significant factor in teacher
evaluation and (ii) teachers are rated as "excellent",
"proficient", "needs improvement" or "unsatisfactory".
Pursuant exclusively to that agreement, teachers assigned to
schools identified in that agreement shall be subject to an
alternative performance evaluation plan and remediation
procedures in lieu of the plan and procedures set forth in
Article 24A of this Code and alternative removal for cause
standards and procedures in lieu of the removal standards and
procedures set forth in Section Sections 34-85 and 34-85b of

this Code. To the extent that the agreement provides a teacher
with an opportunity for a hearing on removal for cause before
an independent hearing officer in accordance with Section
Sections 34-85 and 34-85b or otherwise, the hearing officer
shall be governed by the alternative performance evaluation
plan, remediation procedures, and removal standards and
procedures set forth in the agreement in making findings of
fact and a recommendation.
(b) The board and the exclusive representative of the
district's teachers shall submit a certified copy of an
agreement as provided under subsection (a) of this Section to
the State Board of Education.
(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10.)
Section 10. The Illinois Educational Labor Relations Act is
amended by changing Sections 4.5, 12, and 13 as follows:
(115 ILCS 5/4.5)
Sec. 4.5. Subjects of collective bargaining.
(a) Notwithstanding the existence of any other provision in
this Act or other law, collective bargaining between an
educational employer whose territorial boundaries are
coterminous with those of a city having a population in excess
of 500,000 and an exclusive representative of its employees may
include any of the following subjects:
(1) (Blank).

(2) Decisions to contract with a third party for one or
more services otherwise performed by employees in a
bargaining unit and the procedures for obtaining such
contract or the identity of the third party.
(3) Decisions to layoff or reduce in force employees.
(4) Decisions to determine class size, class staffing
and assignment, class schedules, academic calendar, length
of the work and school day, length of the work and school
year, hours and places of instruction, or pupil assessment
policies.
(5) Decisions concerning use and staffing of
experimental or pilot programs and decisions concerning
use of technology to deliver educational programs and
services and staffing to provide the technology.
(b) The subject or matters described in subsection (a) are
permissive subjects of bargaining between an educational
employer and an exclusive representative of its employees and,
for the purpose of this Act, are within the sole discretion of
the educational employer to decide to bargain, provided that
the educational employer is required to bargain over the impact
of a decision concerning such subject or matter on the
bargaining unit upon request by the exclusive representative.
During this bargaining, the educational employer shall not be
precluded from implementing its decision. If, after a
reasonable period of bargaining, a dispute or impasse exists
between the educational employer and the exclusive

representative, the dispute or impasse shall be resolved
exclusively as set forth in subsection (b) of Section 12 of
this Act in lieu of a strike under Section 13 of this Act.
(c) A provision in a collective bargaining agreement that
was rendered null and void because it involved a prohibited
subject of collective bargaining under this subsection (c) as
this subsection (c) existed before the effective date of this
amendatory Act of the 93rd General Assembly remains null and
void and shall not otherwise be reinstated in any successor
agreement unless the educational employer and exclusive
representative otherwise agree to include an agreement reached
on a subject or matter described in subsection (a) of this
Section as subsection (a) existed before this amendatory Act of
the 93rd General Assembly.
(Source: P.A. 93-3, eff. 4-16-03.)
(115 ILCS 5/12) (from Ch. 48, par. 1712)
Sec. 12. Impasse procedures.
(a) This subsection (a) applies only to collective
bargaining between an educational employer that is not a public
school district organized under Article 34 of the School Code
and an exclusive representative of its employees.
If the parties engaged in collective bargaining have not
reached an agreement by 90 days before the scheduled start of
the forthcoming school year, the parties shall notify the
Illinois Educational Labor Relations Board concerning the

status of negotiations. This notice shall include a statement
on whether mediation has been used.
Upon demand of either party, collective bargaining between
the employer and an exclusive bargaining representative must
begin within 60 days of the date of certification of the
representative by the Board, or in the case of an existing
exclusive bargaining representative, within 60 days of the
receipt by a party of a demand to bargain issued by the other
party. Once commenced, collective bargaining must continue for
at least a 60 day period, unless a contract is entered into.
Except as otherwise provided in subsection (b) of this
Section, if after a reasonable period of negotiation and within
90 45 days of the scheduled start of the forth-coming school
year, the parties engaged in collective bargaining have reached
an impasse, either party may petition the Board to initiate
mediation. Alternatively, the Board on its own motion may
initiate mediation during this period. However, mediation
shall be initiated by the Board at any time when jointly
requested by the parties and the services of the mediators
shall continuously be made available to the employer and to the
exclusive bargaining representative for purposes of
arbitration of grievances and mediation or arbitration of
contract disputes. If requested by the parties, the mediator
may perform fact-finding and in so doing conduct hearings and
make written findings and recommendations for resolution of the
dispute. Such mediation shall be provided by the Board and

shall be held before qualified impartial individuals. Nothing
prohibits the use of other individuals or organizations such as
the Federal Mediation and Conciliation Service or the American
Arbitration Association selected by both the exclusive
bargaining representative and the employer.
If the parties engaged in collective bargaining fail to
reach an agreement within 45 15 days of the scheduled start of
the forthcoming school year and have not requested mediation,
the Illinois Educational Labor Relations Board shall invoke
mediation.
Whenever mediation is initiated or invoked under this
subsection (a), the parties may stipulate to defer selection of
a mediator in accordance with rules adopted by the Board.
(a-5) This subsection (a-5) applies only to collective
bargaining between a public school district or a combination of
public school districts, including, but not limited to, joint
cooperatives, that is not organized under Article 34 of the
School Code and an exclusive representative of its employees.
(1) Any time after 15 days of mediation, either party
may declare an impasse. The mediator may declare an impasse
at any time during the mediation process. Notification of
an impasse must be filed in writing with the Board, and
copies of the notification must be submitted to the parties
on the same day the notification is filed with the Board.
(2) Within 7 days after the declaration of impasse,
each party shall submit to the mediator and the other party

in writing the final offer of the party, including a cost
summary of the offer. Seven days after receipt of the
parties' final offers, the mediator shall make public the
final offers and each party's cost summary dealing with
those issues on which the parties have failed to reach
agreement. The mediator shall make the final offers public
by filing them with the Board, which shall immediately post
the offers on its Internet website. On the same day of
publication by the mediator, at a minimum, the school
district shall distribute notice of the availability of the
offers on the Board's Internet website to all news media
that have filed an annual request for notices from the
school district pursuant to Section 2.02 of the Open
Meetings Act.
(a-10) This subsection (a-10) applies only to collective
bargaining between a public school district organized under
Article 34 of the School Code and an exclusive representative
of its employees.
(1) For collective bargaining agreements between an
educational employer whose territorial boundaries are
coterminous with those of a city having a population in
excess of 500,000 and an exclusive representative of its
employees, if the parties fail to reach an agreement after
a reasonable period of mediation, the dispute shall be
submitted to fact-finding in accordance with this
subsection (a-10). Either the educational employer or the

exclusive representative may initiate fact-finding by
submitting a written demand to the other party with a copy
of the demand submitted simultaneously to the Board.
(2) Within 3 days following a party's demand for
fact-finding, each party shall appoint one member of the
fact-finding panel, unless the parties agree to proceed
without a tri-partite panel. Following these appointments,
if any, the parties shall select a qualified impartial
individual to serve as the fact-finder and chairperson of
the fact-finding panel, if applicable. An individual shall
be considered qualified to serve as the fact-finder and
chairperson of the fact-finding panel, if applicable, if he
or she was not the same individual who was appointed as the
mediator and if he or she satisfies the following
requirements: membership in good standing with the
National Academy of Arbitrators, Federal Mediation and
Conciliation Service, or American Arbitration Association
for a minimum of 10 years; membership on the mediation
roster for the Illinois Labor Relations Board or Illinois
Educational Labor Relations Board; issuance of at least 5
interest arbitration awards arising under the Illinois
Public Labor Relations Act; and participation in impasse
resolution processes arising under private or public
sector collective bargaining statutes in other states. If
the parties are unable to agree on a fact-finder, the
parties shall request a panel of fact-finders who satisfy

the requirements set forth in this paragraph (2) from
either the Federal Mediation and Conciliation Service or
the American Arbitration Association and shall select a
fact-finder from such panel in accordance with the
procedures established by the organization providing the
panel.
(3) The fact-finder shall have the following duties and
powers:
(A) to require the parties to submit a statement of
disputed issues and their positions regarding each
issue either jointly or separately;
(B) to identify disputed issues that are economic
in nature;
(C) to meet with the parties either separately or
in executive sessions;
(D) to conduct hearings and regulate the time,
place, course, and manner of the hearings;
(E) to request the Board to issue subpoenas
requiring the attendance and testimony of witnesses or
the production of evidence;
(F) to administer oaths and affirmations;
(G) to examine witnesses and documents;
(H) to create a full and complete written record of
the hearings;
(I) to attempt mediation or remand a disputed issue
to the parties for further collective bargaining;

(J) to require the parties to submit final offers
for each disputed issue either individually or as a
package or as a combination of both; and
(K) to employ any other measures deemed
appropriate to resolve the impasse.
(4) If the dispute is not settled within 75 days after
the appointment of the fact-finding panel, the
fact-finding panel shall issue a private report to the
parties that contains advisory findings of fact and
recommended terms of settlement for all disputed issues and
that sets forth a rationale for each recommendation. The
fact-finding panel, acting by a majority of its members,
shall base its findings and recommendations upon the
following criteria as applicable:
(A) the lawful authority of the employer;
(B) the federal and State statutes or local
ordinances and resolutions applicable to the employer;
(C) prior collective bargaining agreements and the
bargaining history between the parties;
(D) stipulations of the parties;
(E) the interests and welfare of the public and the
students and families served by the employer;
(F) the employer's financial ability to fund the
proposals based on existing available resources,
provided that such ability is not predicated on an
assumption that lines of credit or reserve funds are

available or that the employer may or will receive or
develop new sources of revenue or increase existing
sources of revenue;
(G) the impact of any economic adjustments on the
employer's ability to pursue its educational mission;
(H) the present and future general economic
conditions in the locality and State;
(I) a comparison of the wages, hours, and
conditions of employment of the employees involved in
the dispute with the wages, hours, and conditions of
employment of employees performing similar services in
public education in the 10 largest U.S. cities;
(J) the average consumer prices in urban areas for
goods and services, which is commonly known as the cost
of living;
(K) the overall compensation presently received by
the employees involved in the dispute, including
direct wage compensation; vacations, holidays, and
other excused time; insurance and pensions; medical
and hospitalization benefits; the continuity and
stability of employment and all other benefits
received; and how each party's proposed compensation
structure supports the educational goals of the
district;
(L) changes in any of the circumstances listed in
items (A) through (K) of this paragraph (4) during the

fact-finding proceedings;
(M) the effect that any term the parties are at
impasse on has or may have on the overall educational
environment, learning conditions, and working
conditions with the school district; and
(N) the effect that any term the parties are at
impasse on has or may have in promoting the public
policy of this State.
(5) The fact-finding panel's recommended terms of
settlement shall be deemed agreed upon by the parties as
the final resolution of the disputed issues and
incorporated into the collective bargaining agreement
executed by the parties, unless either party tenders to the
other party and the chairperson of the fact-finding panel a
notice of rejection of the recommended terms of settlement
with a rationale for the rejection, within 15 days after
the date of issuance of the fact-finding panel's report. If
either party submits a notice of rejection, the chairperson
of the fact-finding panel shall publish the fact-finding
panel's report and the notice of rejection for public
information by delivering a copy to all newspapers of
general circulation in the community with simultaneous
written notice to the parties.
(b) If, after a period of bargaining of at least 60 days, a
dispute or impasse exists between an educational employer whose
territorial boundaries are coterminous with those of a city

having a population in excess of 500,000 and the exclusive
bargaining representative over a subject or matter set forth in
Section 4.5 of this Act, the parties shall submit the dispute
or impasse to the dispute resolution procedure agreed to
between the parties. The procedure shall provide for mediation
of disputes by a rotating mediation panel and may, at the
request of either party, include the issuance of advisory
findings of fact and recommendations. A dispute or impasse over
any Section 4.5 subject shall not be resolved through the
procedures set forth in this Act, and the Board, mediator, or
fact-finder has no jurisdiction over any Section 4.5 subject.
The changes made to this subsection (b) by this amendatory Act
of the 97th General Assembly are declarative of existing law.
(c) The costs of fact finding and mediation shall be shared
equally between the employer and the exclusive bargaining
agent, provided that, for purposes of mediation under this Act,
if either party requests the use of mediation services from the
Federal Mediation and Conciliation Service, the other party
shall either join in such request or bear the additional cost
of mediation services from another source. All other costs and
expenses of complying with this Section must be borne by the
party incurring them.
(c-5) If an educational employer or exclusive bargaining
representative refuses to participate in mediation or fact
finding when required by this Section, the refusal shall be
deemed a refusal to bargain in good faith.

(d) Nothing in this Act prevents an employer and an
exclusive bargaining representative from mutually submitting
to final and binding impartial arbitration unresolved issues
concerning the terms of a new collective bargaining agreement.
(Source: P.A. 93-3, eff. 4-16-03.)
(115 ILCS 5/13) (from Ch. 48, par. 1713)
Sec. 13. Strikes.
(a) Notwithstanding the existence of any other provision in
this Act or other law, educational employees employed in school
districts organized under Article 34 of the School Code shall
not engage in a strike at any time during the 18 month period
that commences on the effective date of this amendatory Act of
1995. An educational employee employed in a school district
organized under Article 34 of the School Code who participates
in a strike in violation of this Section is subject to
discipline by the employer. In addition, no educational
employer organized under Article 34 of the School Code may pay
or cause to be paid to an educational employee who participates
in a strike in violation of this subsection any wages or other
compensation for any period during which an educational
employee participates in the strike, except for wages or
compensation earned before participation in the strike.
Notwithstanding the existence of any other provision in this
Act or other law, during the 18-month period that strikes are
prohibited under this subsection nothing in this subsection

shall be construed to require an educational employer to submit
to a binding dispute resolution process.
(b) Notwithstanding the existence of any other provision in
this Act or any other law, educational employees other than
those employed in a school district organized under Article 34
of the School Code and, after the expiration of the 18 month
period that commences on the effective date of this amendatory
Act of 1995, educational employees in a school district
organized under Article 34 of the School Code shall not engage
in a strike except under the following conditions:
(1) they are represented by an exclusive bargaining
representative;
(2) mediation has been used without success and, if
an impasse has been declared under subsection (a-5) of
Section 12 of this Act, at least 14 days have elapsed after
the mediator has made public the final offers;
(2.5) if fact-finding was invoked pursuant to
subsection (a-10) of Section 12 of this Act, at least 30
days have elapsed after a fact-finding report has been
released for public information;
(2.10) for educational employees employed in a school
district organized under Article 34 of the School Code, at
least three-fourths of all bargaining unit members of the
exclusive bargaining representative have affirmatively
voted to authorize the strike;
(3) at least 10 days have elapsed after a notice of

intent to strike has been given by the exclusive bargaining
representative to the educational employer, the regional
superintendent and the Illinois Educational Labor
Relations Board;
(4) the collective bargaining agreement between the
educational employer and educational employees, if any,
has expired or been terminated; and
(5) the employer and the exclusive bargaining
representative have not mutually submitted the unresolved
issues to arbitration.
If, however, in the opinion of an employer the strike is or
has become a clear and present danger to the health or safety
of the public, the employer may initiate in the circuit court
of the county in which such danger exists an action for relief
which may include, but is not limited to, injunction. The court
may grant appropriate relief upon the finding that such clear
and present danger exists. An unfair practice or other evidence
of lack of clean hands by the educational employer is a defense
to such action. Except as provided for in this paragraph, the
jurisdiction of the court under this Section is limited by the
Labor Dispute Act.
(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
(105 ILCS 5/34-85b rep.)
Section 15. The School Code is amended by repealing Section
34-85b.