Bill Text: IL SB0456 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. Provides that, every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools (rather than must adopt and implement a policy addressing sexual abuse investigations at schools) to ensure consistency with policies adopted under the School Code. Provides that, as a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction (rather than no school board shall knowingly employ a person who has been issued those indicated findings). Changes the definition of "alleged incident of sexual abuse". Makes changes to what a school must comply with after an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the investigations are being conducted by the local multidisciplinary team. With regard to the Personnel Record Review Act, provides that certain disclosure requirements under the Act do not apply to a school district who is sharing information related to an incident or an attempted incident of sexual abuse or severe physical abuse (rather than a school district responding to an inquiry from a prospective employer). Makes other changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 26-6)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0531 [SB0456 Detail]
Download: Illinois-2019-SB0456-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. Provides that, every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools (rather than must adopt and implement a policy addressing sexual abuse investigations at schools) to ensure consistency with policies adopted under the School Code. Provides that, as a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction (rather than no school board shall knowingly employ a person who has been issued those indicated findings). Changes the definition of "alleged incident of sexual abuse". Makes changes to what a school must comply with after an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the investigations are being conducted by the local multidisciplinary team. With regard to the Personnel Record Review Act, provides that certain disclosure requirements under the Act do not apply to a school district who is sharing information related to an incident or an attempted incident of sexual abuse or severe physical abuse (rather than a school district responding to an inquiry from a prospective employer). Makes other changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 26-6)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0531 [SB0456 Detail]
Download: Illinois-2019-SB0456-Enrolled.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning education.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-21.9, 10-23.12, 21B-45, 21B-75, 21B-80, 24-12, 24-14, | ||||||
6 | 27A-5, 34-18.5, 34-18.6, and 34-85 and by adding Sections | ||||||
7 | 10-20.69, 22-85, 22-86, and 34-18.61 as follows:
| ||||||
8 | (105 ILCS 5/10-20.69 new) | ||||||
9 | Sec. 10-20.69. Sexual abuse investigations at schools. | ||||||
10 | Every 2 years, each school district must review all existing | ||||||
11 | policies and procedures concerning sexual abuse investigations | ||||||
12 | at schools to ensure consistency with Section 22-85.
| ||||||
13 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
14 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
15 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
16 | Violent Offender Against Youth Database.
| ||||||
17 | (a) Licensed and nonlicensed Certified and noncertified | ||||||
18 | applicants for employment with a school
district, except school | ||||||
19 | bus driver applicants, are required as a condition
of | ||||||
20 | employment to authorize a fingerprint-based criminal history | ||||||
21 | records check to determine if such applicants have been | ||||||
22 | convicted of any disqualifying, of
the enumerated criminal or |
| |||||||
| |||||||
1 | drug offenses in subsection (c) of this Section or
have been | ||||||
2 | convicted, within 7 years of the application for employment | ||||||
3 | with
the
school district, of any other felony under the laws of | ||||||
4 | this State or of any
offense committed or attempted in any | ||||||
5 | other state or against the laws of
the United States that, if | ||||||
6 | committed or attempted in this State, would
have been | ||||||
7 | punishable as a felony under the laws of this State.
| ||||||
8 | Authorization for
the check shall be furnished by the applicant | ||||||
9 | to
the school district, except that if the applicant is a | ||||||
10 | substitute teacher
seeking employment in more than one school | ||||||
11 | district, a teacher seeking
concurrent part-time employment | ||||||
12 | positions with more than one school
district (as a reading | ||||||
13 | specialist, special education teacher or otherwise),
or an | ||||||
14 | educational support personnel employee seeking employment | ||||||
15 | positions
with more than one district, any such district may | ||||||
16 | require the applicant to
furnish authorization for
the check to | ||||||
17 | the regional superintendent
of the educational service region | ||||||
18 | in which are located the school districts
in which the | ||||||
19 | applicant is seeking employment as a substitute or concurrent
| ||||||
20 | part-time teacher or concurrent educational support personnel | ||||||
21 | employee.
Upon receipt of this authorization, the school | ||||||
22 | district or the appropriate
regional superintendent, as the | ||||||
23 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
24 | of birth, social security number, fingerprint images, and other | ||||||
25 | identifiers, as prescribed by the Department
of State Police, | ||||||
26 | to the Department. The regional
superintendent submitting the |
| |||||||
| |||||||
1 | requisite information to the Department of
State Police shall | ||||||
2 | promptly notify the school districts in which the
applicant is | ||||||
3 | seeking employment as a substitute or concurrent part-time
| ||||||
4 | teacher or concurrent educational support personnel employee | ||||||
5 | that
the
check of the applicant has been requested. The | ||||||
6 | Department of State Police and the Federal Bureau of | ||||||
7 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
8 | criminal history records check, records of convictions, | ||||||
9 | forever and hereinafter, until expunged, to the president of | ||||||
10 | the school board for the school district that requested the | ||||||
11 | check, or to the regional superintendent who requested the | ||||||
12 | check.
The
Department shall charge
the school district
or the | ||||||
13 | appropriate regional superintendent a fee for
conducting
such | ||||||
14 | check, which fee shall be deposited in the State
Police | ||||||
15 | Services Fund and shall not exceed the cost of
the inquiry; and | ||||||
16 | the
applicant shall not be charged a fee for
such check by the | ||||||
17 | school
district or by the regional superintendent, except that | ||||||
18 | those applicants seeking employment as a substitute teacher | ||||||
19 | with a school district may be charged a fee not to exceed the | ||||||
20 | cost of the inquiry. Subject to appropriations for these | ||||||
21 | purposes, the State Superintendent of Education shall | ||||||
22 | reimburse school districts and regional superintendents for | ||||||
23 | fees paid to obtain criminal history records checks under this | ||||||
24 | Section.
| ||||||
25 | (a-5) The school district or regional superintendent shall | ||||||
26 | further perform a check of the Statewide Sex Offender Database, |
| |||||||
| |||||||
1 | as authorized by the Sex Offender Community Notification Law, | ||||||
2 | for each applicant. The check of the Statewide Sex Offender | ||||||
3 | Database must be conducted by the school district or regional | ||||||
4 | superintendent once for every 5 years that an applicant remains | ||||||
5 | employed by the school district. | ||||||
6 | (a-6) The school district or regional superintendent shall | ||||||
7 | further perform a check of the Statewide Murderer and Violent | ||||||
8 | Offender Against Youth Database, as authorized by the Murderer | ||||||
9 | and Violent Offender Against Youth Community Notification Law, | ||||||
10 | for each applicant. The check of the Murderer and Violent | ||||||
11 | Offender Against Youth Database must be conducted by the school | ||||||
12 | district or regional superintendent once for every 5 years that | ||||||
13 | an applicant remains employed by the school district. | ||||||
14 | (b)
Any information
concerning the record of convictions | ||||||
15 | obtained by the president of the
school board or the regional | ||||||
16 | superintendent shall be confidential and may
only be | ||||||
17 | transmitted to the superintendent of the school district or his
| ||||||
18 | designee, the appropriate regional superintendent if
the check | ||||||
19 | was
requested by the school district, the presidents of the | ||||||
20 | appropriate school
boards if
the check was requested from the | ||||||
21 | Department of State
Police by the regional superintendent, the | ||||||
22 | State Superintendent of
Education, the State Educator | ||||||
23 | Preparation and Licensure State Teacher Certification Board, | ||||||
24 | any other person
necessary to the decision of hiring the | ||||||
25 | applicant for employment, or for clarification purposes the | ||||||
26 | Department of State Police or Statewide Sex Offender Database, |
| |||||||
| |||||||
1 | or both. A copy
of the record of convictions obtained from the | ||||||
2 | Department of State Police
shall be provided to the applicant | ||||||
3 | for employment. Upon the check of the Statewide Sex Offender | ||||||
4 | Database, the school district or regional superintendent shall | ||||||
5 | notify an applicant as to whether or not the applicant has been | ||||||
6 | identified in the Database as a sex offender. If a check of
an | ||||||
7 | applicant for employment as a substitute or concurrent | ||||||
8 | part-time teacher
or concurrent educational support personnel | ||||||
9 | employee in more than one
school district was requested by the | ||||||
10 | regional superintendent, and the
Department of State Police | ||||||
11 | upon a check ascertains that the applicant
has not been | ||||||
12 | convicted of any of the enumerated criminal or drug offenses
in | ||||||
13 | subsection (c) of this Section
or has not been convicted, | ||||||
14 | within 7 years of the
application for
employment with the
| ||||||
15 | school district, of any other felony under the laws of this | ||||||
16 | State or of any
offense committed or attempted in any other | ||||||
17 | state or against the laws of
the United States that, if | ||||||
18 | committed or attempted in this State, would
have been | ||||||
19 | punishable as a felony under the laws of this State
and so | ||||||
20 | notifies the regional
superintendent and if the regional | ||||||
21 | superintendent upon a check ascertains that the applicant has | ||||||
22 | not been identified in the Sex Offender Database as a sex | ||||||
23 | offender, then the
regional superintendent shall issue to the | ||||||
24 | applicant a certificate
evidencing that as of the date | ||||||
25 | specified by the Department of State Police
the applicant has | ||||||
26 | not been convicted of any of the enumerated criminal or
drug |
| |||||||
| |||||||
1 | offenses in subsection (c) of this Section
or has not been
| ||||||
2 | convicted, within 7 years of the application for employment | ||||||
3 | with the
school district, of any other felony under the laws of | ||||||
4 | this State or of any
offense committed or attempted in any | ||||||
5 | other state or against the laws of
the United States that, if | ||||||
6 | committed or attempted in this State, would
have been | ||||||
7 | punishable as a felony under the laws of this State and | ||||||
8 | evidencing that as of the date that the regional superintendent | ||||||
9 | conducted a check of the Statewide Sex Offender Database, the | ||||||
10 | applicant has not been identified in the Database as a sex | ||||||
11 | offender. The school
board of
any
school district
may rely on | ||||||
12 | the
certificate issued by any regional superintendent to that | ||||||
13 | substitute teacher, concurrent part-time teacher, or | ||||||
14 | concurrent educational support personnel employee or may
| ||||||
15 | initiate its own criminal history records check of the | ||||||
16 | applicant through the Department of
State Police and its own | ||||||
17 | check of the Statewide Sex Offender Database as provided in | ||||||
18 | subsection (a). Any unauthorized release of confidential | ||||||
19 | information may be a violation of Section 7 of the Criminal | ||||||
20 | Identification Act.
| ||||||
21 | (c) No school board shall knowingly employ a person who has | ||||||
22 | been
convicted of any offense that would subject him or her to | ||||||
23 | license suspension or revocation pursuant to Section 21B-80 of | ||||||
24 | this Code , except as provided under subsection (b) of Section | ||||||
25 | 21B-80 .
Further, no school board shall knowingly employ a | ||||||
26 | person who has been found
to be the perpetrator of sexual or |
| |||||||
| |||||||
1 | physical abuse of any minor under 18 years
of age pursuant to | ||||||
2 | proceedings under Article II of the Juvenile Court Act of
1987. | ||||||
3 | As a condition of employment, each school board must consider | ||||||
4 | the status of a person who has been issued an indicated finding | ||||||
5 | of abuse or neglect of a child by the Department of Children | ||||||
6 | and Family Services under the Abused and Neglected Child | ||||||
7 | Reporting Act or by a child welfare agency of another | ||||||
8 | jurisdiction.
| ||||||
9 | (d) No school board shall knowingly employ a person for | ||||||
10 | whom a criminal
history records check and a Statewide Sex | ||||||
11 | Offender Database check has not been initiated.
| ||||||
12 | (e) If permissible by federal or State law, no later than | ||||||
13 | 15 business days after receipt of a record of conviction or of | ||||||
14 | checking the Statewide Murderer and Violent Offender Against | ||||||
15 | Youth Database or the Statewide Sex Offender Database and | ||||||
16 | finding a registration, the superintendent of the employing | ||||||
17 | school board or the applicable regional superintendent shall, | ||||||
18 | in writing, notify the State Superintendent of Education of any | ||||||
19 | license holder who has been convicted of a crime set forth in | ||||||
20 | Section 21B-80 of this Code. Upon receipt of the record of a | ||||||
21 | conviction of or a finding of child
abuse by a holder of any | ||||||
22 | license
certificate issued pursuant to Article 21B 21 or | ||||||
23 | Section 34-8.1 or 34-83 of the
School Code, the
State | ||||||
24 | Superintendent of Education may initiate licensure certificate | ||||||
25 | suspension
and revocation proceedings as authorized by law. If | ||||||
26 | the receipt of the record of conviction or finding of child |
| |||||||
| |||||||
1 | abuse is received within 6 months after the initial grant of or | ||||||
2 | renewal of a license, the State Superintendent of Education may | ||||||
3 | rescind the license holder's license.
| ||||||
4 | (e-5) The superintendent of the employing school board | ||||||
5 | shall, in writing, notify the State Superintendent of Education | ||||||
6 | and the applicable regional superintendent of schools of any | ||||||
7 | license certificate holder whom he or she has reasonable cause | ||||||
8 | to believe has committed an intentional act of abuse or neglect | ||||||
9 | with the result of making a child an abused child or a | ||||||
10 | neglected child, as defined in Section 3 of the Abused and | ||||||
11 | Neglected Child Reporting Act, and that act resulted in the | ||||||
12 | license certificate holder's dismissal or resignation from the | ||||||
13 | school district. This notification must be submitted within 30 | ||||||
14 | days after the dismissal or resignation. The license | ||||||
15 | certificate holder must also be contemporaneously sent a copy | ||||||
16 | of the notice by the superintendent. All correspondence, | ||||||
17 | documentation, and other information so received by the | ||||||
18 | regional superintendent of schools, the State Superintendent | ||||||
19 | of Education, the State Board of Education, or the State | ||||||
20 | Educator Preparation and Licensure State Teacher Certification | ||||||
21 | Board under this subsection (e-5) is confidential and must not | ||||||
22 | be disclosed to third parties, except (i) as necessary for the | ||||||
23 | State Superintendent of Education or his or her designee to | ||||||
24 | investigate and prosecute pursuant to Article 21B 21 of this | ||||||
25 | Code, (ii) pursuant to a court order, (iii) for disclosure to | ||||||
26 | the license certificate holder or his or her representative, or |
| |||||||
| |||||||
1 | (iv) as otherwise provided in this Article and provided that | ||||||
2 | any such information admitted into evidence in a hearing is | ||||||
3 | exempt from this confidentiality and non-disclosure | ||||||
4 | requirement. Except for an act of willful or wanton misconduct, | ||||||
5 | any superintendent who provides notification as required in | ||||||
6 | this subsection (e-5) shall have immunity from any liability, | ||||||
7 | whether civil or criminal or that otherwise might result by | ||||||
8 | reason of such action. | ||||||
9 | (f) After January 1, 1990 the provisions of this Section | ||||||
10 | shall apply
to all employees of persons or firms holding | ||||||
11 | contracts with any school
district including, but not limited | ||||||
12 | to, food service workers, school bus
drivers and other | ||||||
13 | transportation employees, who have direct, daily contact
with | ||||||
14 | the pupils of any school in such district. For purposes of | ||||||
15 | criminal
history records checks and checks of the Statewide Sex | ||||||
16 | Offender Database on employees of persons or firms holding
| ||||||
17 | contracts with more than one school district and assigned to | ||||||
18 | more than one
school district, the regional superintendent of | ||||||
19 | the educational service
region in which the contracting school | ||||||
20 | districts are located may, at the
request of any such school | ||||||
21 | district, be responsible for receiving the
authorization for
a | ||||||
22 | criminal history records check prepared by each such employee | ||||||
23 | and
submitting the same to the Department of State Police and | ||||||
24 | for conducting a check of the Statewide Sex Offender Database | ||||||
25 | for each employee. Any information
concerning the record of | ||||||
26 | conviction and identification as a sex offender of any such |
| |||||||
| |||||||
1 | employee obtained by the
regional superintendent shall be | ||||||
2 | promptly reported to the president of the
appropriate school | ||||||
3 | board or school boards.
| ||||||
4 | (f-5) Upon request of a school or school district, any | ||||||
5 | information obtained by a school district pursuant to | ||||||
6 | subsection (f) of this Section within the last year must be | ||||||
7 | made available to the requesting school or school district. | ||||||
8 | (g) Prior to the commencement of any student teaching | ||||||
9 | experience or required internship (which is referred to as | ||||||
10 | student teaching in this Section) in the public schools, a | ||||||
11 | student teacher is required to authorize a fingerprint-based | ||||||
12 | criminal history records check. Authorization for and payment | ||||||
13 | of the costs of the check must be furnished by the student | ||||||
14 | teacher to the school district where the student teaching is to | ||||||
15 | be completed. Upon receipt of this authorization and payment, | ||||||
16 | the school district shall submit the student teacher's name, | ||||||
17 | sex, race, date of birth, social security number, fingerprint | ||||||
18 | images, and other identifiers, as prescribed by the Department | ||||||
19 | of State Police, to the Department of State Police. The | ||||||
20 | Department of State Police and the Federal Bureau of | ||||||
21 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
22 | criminal history records check, records of convictions, | ||||||
23 | forever and hereinafter, until expunged, to the president of | ||||||
24 | the school board for the school district that requested the | ||||||
25 | check. The Department shall charge the school district a fee | ||||||
26 | for conducting the check, which fee must not exceed the cost of |
| |||||||
| |||||||
1 | the inquiry and must be deposited into the State Police | ||||||
2 | Services Fund. The school district shall further perform a | ||||||
3 | check of the Statewide Sex Offender Database, as authorized by | ||||||
4 | the Sex Offender Community Notification Law, and of the | ||||||
5 | Statewide Murderer and Violent Offender Against Youth | ||||||
6 | Database, as authorized by the Murderer and Violent Offender | ||||||
7 | Against Youth Registration Act, for each student teacher. No | ||||||
8 | school board may knowingly allow a person to student teach for | ||||||
9 | whom a criminal history records check, a Statewide Sex Offender | ||||||
10 | Database check, and a Statewide Murderer and Violent Offender | ||||||
11 | Against Youth Database check have not been completed and | ||||||
12 | reviewed by the district. | ||||||
13 | A copy of the record of convictions obtained from the | ||||||
14 | Department of State Police must be provided to the student | ||||||
15 | teacher. Any information concerning the record of convictions | ||||||
16 | obtained by the president of the school board is confidential | ||||||
17 | and may only be transmitted to the superintendent of the school | ||||||
18 | district or his or her designee, the State Superintendent of | ||||||
19 | Education, the State Educator Preparation and Licensure Board, | ||||||
20 | or, for clarification purposes, the Department of State Police | ||||||
21 | or the Statewide Sex Offender Database or Statewide Murderer | ||||||
22 | and Violent Offender Against Youth Database. Any unauthorized | ||||||
23 | release of confidential information may be a violation of | ||||||
24 | Section 7 of the Criminal Identification Act. | ||||||
25 | No school board shall may knowingly allow a person to | ||||||
26 | student teach who has been convicted of any offense that would |
| |||||||
| |||||||
1 | subject him or her to license suspension or revocation pursuant | ||||||
2 | to subsection (c) of Section 21B-80 of this Code , except as | ||||||
3 | provided under subsection (b) of Section 21B-80. Further, no | ||||||
4 | school board shall allow a person to student teach if he or she | ||||||
5 | or who has been found to be the perpetrator of sexual or | ||||||
6 | physical abuse of a minor under 18 years of age pursuant to | ||||||
7 | proceedings under Article II of the Juvenile Court Act of 1987. | ||||||
8 | Each school board must consider the status of a person to | ||||||
9 | student teach who has been issued an indicated finding of abuse | ||||||
10 | or neglect of a child by the Department of Children and Family | ||||||
11 | Services under the Abused and Neglected Child Reporting Act or | ||||||
12 | by a child welfare agency of another jurisdiction. | ||||||
13 | (h) (Blank). | ||||||
14 | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
| ||||||
15 | (105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
| ||||||
16 | Sec. 10-23.12. Child abuse and neglect; detection, | ||||||
17 | reporting, and prevention ; willful or negligent failure to | ||||||
18 | report . | ||||||
19 | (a) To provide staff development for local
school site | ||||||
20 | personnel who work with pupils in grades kindergarten through
8 | ||||||
21 | in the detection, reporting, and prevention of child abuse and | ||||||
22 | neglect.
| ||||||
23 | (b) The Department of Children and Family Services may, in | ||||||
24 | cooperation with school officials, distribute appropriate | ||||||
25 | materials in school buildings listing the toll-free telephone |
| |||||||
| |||||||
1 | number established in Section 7.6 of the Abused and Neglected | ||||||
2 | Child Reporting Act, including methods of making a report under | ||||||
3 | Section 7 of the Abused and Neglected Child Reporting Act, to | ||||||
4 | be displayed in a clearly visible location in each school | ||||||
5 | building. | ||||||
6 | (c) Except for an employee licensed under Article 21B of | ||||||
7 | this Code, if a school board determines that any school | ||||||
8 | district employee has willfully or negligently failed to report | ||||||
9 | an instance of suspected child abuse or neglect, as required by | ||||||
10 | the Abused and Neglected Child Reporting Act, then the school | ||||||
11 | board may dismiss that employee immediately upon that | ||||||
12 | determination. For purposes of this subsection (c), negligent | ||||||
13 | failure to report an instance of suspected child abuse or | ||||||
14 | neglect occurs when a school district employee personally | ||||||
15 | observes an instance of suspected child abuse or neglect and | ||||||
16 | reasonably believes, in his or her professional or official | ||||||
17 | capacity, that the instance constitutes an act of child abuse | ||||||
18 | or neglect under the Abused and Neglected Child Reporting Act, | ||||||
19 | and he or she, without willful intent, fails to immediately | ||||||
20 | report or cause a report to be made of the suspected abuse or | ||||||
21 | neglect to the Department of Children and Family Services, as | ||||||
22 | required by the Abused and Neglected Child Reporting Act. | ||||||
23 | (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18 .)
| ||||||
24 | (105 ILCS 5/21B-45) | ||||||
25 | Sec. 21B-45. Professional Educator License renewal. |
| |||||||
| |||||||
1 | (a) Individuals holding a Professional Educator License | ||||||
2 | are required to complete the licensure renewal requirements as | ||||||
3 | specified in this Section, unless otherwise provided in this | ||||||
4 | Code. | ||||||
5 | Individuals holding a Professional Educator License shall | ||||||
6 | meet the renewal requirements set forth in this Section, unless | ||||||
7 | otherwise provided in this Code. If an individual holds a | ||||||
8 | license endorsed in more than one area that has different | ||||||
9 | renewal requirements, that individual shall follow the renewal | ||||||
10 | requirements for the position for which he or she spends the | ||||||
11 | majority of his or her time working. | ||||||
12 | (b) All Professional Educator Licenses not renewed as | ||||||
13 | provided in this Section shall lapse on September 1 of that | ||||||
14 | year. Notwithstanding any other provisions of this Section, if | ||||||
15 | a license holder's electronic mail address is available, the | ||||||
16 | State Board of Education shall send him or her notification | ||||||
17 | electronically that his or her license will lapse if not | ||||||
18 | renewed, to be sent no more than 6 months prior to the license | ||||||
19 | lapsing. Lapsed licenses may be immediately reinstated upon (i) | ||||||
20 | payment by the applicant of a $500 penalty to the State Board | ||||||
21 | of Education or (ii) the demonstration of proficiency by | ||||||
22 | completing 9 semester hours of coursework from a regionally | ||||||
23 | accredited institution of higher education in the content area | ||||||
24 | that most aligns with one or more of the educator's endorsement | ||||||
25 | areas. Any and all back fees, including without limitation | ||||||
26 | registration fees owed from the time of expiration of the |
| |||||||
| |||||||
1 | license until the date of reinstatement, shall be paid and kept | ||||||
2 | in accordance with the provisions in Article 3 of this Code | ||||||
3 | concerning an institute fund and the provisions in Article 21B | ||||||
4 | of this Code concerning fees and requirements for registration. | ||||||
5 | Licenses not registered in accordance with Section 21B-40 of | ||||||
6 | this Code shall lapse after a period of 6 months from the | ||||||
7 | expiration of the last year of registration or on January 1 of | ||||||
8 | the fiscal year following initial issuance of the license. An | ||||||
9 | unregistered license is invalid after September 1 for | ||||||
10 | employment and performance of services in an Illinois public or | ||||||
11 | State-operated school or cooperative and in a charter school. | ||||||
12 | Any license or endorsement may be voluntarily surrendered by | ||||||
13 | the license holder. A voluntarily surrendered license , except a | ||||||
14 | substitute teaching license issued under Section 21B-20 of this | ||||||
15 | Code, shall be treated as a revoked license. An Educator | ||||||
16 | License with Stipulations with only a paraprofessional | ||||||
17 | endorsement does not lapse.
| ||||||
18 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
19 | satisfy the requirements for licensure renewal provided for in | ||||||
20 | this Section, each professional educator licensee with an | ||||||
21 | administrative endorsement who is working in a position | ||||||
22 | requiring such endorsement shall complete one Illinois | ||||||
23 | Administrators' Academy course, as described in Article 2 of | ||||||
24 | this Code, per fiscal year. | ||||||
25 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
26 | requirements for licensure renewal provided for in this |
| |||||||
| |||||||
1 | Section, each professional educator licensee may create a | ||||||
2 | professional development plan each year. The plan shall address | ||||||
3 | one or more of the endorsements that are required of his or her | ||||||
4 | educator position if the licensee is employed and performing | ||||||
5 | services in an Illinois public or State-operated school or | ||||||
6 | cooperative. If the licensee is employed in a charter school, | ||||||
7 | the plan shall address that endorsement or those endorsements | ||||||
8 | most closely related to his or her educator position. Licensees | ||||||
9 | employed and performing services in any other Illinois schools | ||||||
10 | may participate in the renewal requirements by adhering to the | ||||||
11 | same process. | ||||||
12 | Except as otherwise provided in this Section, the | ||||||
13 | licensee's professional development activities shall align | ||||||
14 | with one or more of the following criteria: | ||||||
15 | (1) activities are of a type that engage participants | ||||||
16 | over a sustained period of time allowing for analysis, | ||||||
17 | discovery, and application as they relate to student | ||||||
18 | learning, social or emotional achievement, or well-being; | ||||||
19 | (2) professional development aligns to the licensee's | ||||||
20 | performance; | ||||||
21 | (3) outcomes for the activities must relate to student | ||||||
22 | growth or district improvement; | ||||||
23 | (4) activities align to State-approved standards;
and | ||||||
24 | (5) higher education coursework. | ||||||
25 | (e) For each renewal cycle, each professional educator | ||||||
26 | licensee shall engage in professional development activities. |
| |||||||
| |||||||
1 | Prior to renewal, the licensee shall enter electronically into | ||||||
2 | the Educator Licensure Information System (ELIS) the name, | ||||||
3 | date, and location of the activity, the number of professional | ||||||
4 | development hours, and the provider's name. The following | ||||||
5 | provisions shall apply concerning professional development | ||||||
6 | activities: | ||||||
7 | (1) Each licensee shall complete a total of 120 hours | ||||||
8 | of professional development per 5-year renewal cycle in | ||||||
9 | order to renew the license, except as otherwise provided in | ||||||
10 | this Section. | ||||||
11 | (2) Beginning with his or her first full 5-year cycle, | ||||||
12 | any licensee with an administrative endorsement who is not | ||||||
13 | working in a position requiring such endorsement is not | ||||||
14 | required to complete Illinois Administrators' Academy | ||||||
15 | courses, as described in Article 2 of this Code. Such | ||||||
16 | licensees must complete one Illinois Administrators' | ||||||
17 | Academy course within one year after returning to a | ||||||
18 | position that requires the administrative endorsement. | ||||||
19 | (3) Any licensee with an administrative endorsement | ||||||
20 | who is working in a position requiring such endorsement or | ||||||
21 | an individual with a Teacher Leader endorsement serving in | ||||||
22 | an administrative capacity at least 50% of the day shall | ||||||
23 | complete one Illinois Administrators' Academy course, as | ||||||
24 | described in Article 2 of this Code, each fiscal year in | ||||||
25 | addition to 100 hours of professional development per | ||||||
26 | 5-year renewal cycle in accordance with this Code. |
| |||||||
| |||||||
1 | (4) Any licensee holding a current National Board for | ||||||
2 | Professional Teaching Standards (NBPTS) master teacher | ||||||
3 | designation shall complete a total of 60 hours of | ||||||
4 | professional development per 5-year renewal cycle in order | ||||||
5 | to renew the license. | ||||||
6 | (5) Licensees working in a position that does not | ||||||
7 | require educator licensure or working in a position for | ||||||
8 | less than 50% for any particular year are considered to be | ||||||
9 | exempt and shall be required to pay only the registration | ||||||
10 | fee in order to renew and maintain the validity of the | ||||||
11 | license. | ||||||
12 | (6) Licensees who are retired and qualify for benefits | ||||||
13 | from a State of Illinois retirement system shall notify the | ||||||
14 | State Board of Education using ELIS, and the license shall | ||||||
15 | be maintained in retired status. For any renewal cycle in | ||||||
16 | which a licensee retires during the renewal cycle, the | ||||||
17 | licensee must complete professional development activities | ||||||
18 | on a prorated basis depending on the number of years during | ||||||
19 | the renewal cycle the educator held an active license. If a | ||||||
20 | licensee retires during a renewal cycle, the licensee must | ||||||
21 | notify the State Board of Education using ELIS that the | ||||||
22 | licensee wishes to maintain the license in retired status | ||||||
23 | and must show proof of completion of professional | ||||||
24 | development activities on a prorated basis for all years of | ||||||
25 | that renewal cycle for which the license was active. An | ||||||
26 | individual with a license in retired status shall not be |
| |||||||
| |||||||
1 | required to complete professional development activities | ||||||
2 | or pay registration fees until returning to a position that | ||||||
3 | requires educator licensure. Upon returning to work in a | ||||||
4 | position that requires the Professional Educator License, | ||||||
5 | the licensee shall immediately pay a registration fee and | ||||||
6 | complete renewal requirements for that year. A license in | ||||||
7 | retired status cannot lapse. Beginning on January 6, 2017 | ||||||
8 | (the effective date of Public Act 99-920) through December | ||||||
9 | 31, 2017, any licensee who has retired and whose license | ||||||
10 | has lapsed for failure to renew as provided in this Section | ||||||
11 | may reinstate that license and maintain it in retired | ||||||
12 | status upon providing proof to the State Board of Education | ||||||
13 | using ELIS that the licensee is retired and is not working | ||||||
14 | in a position that requires a Professional Educator | ||||||
15 | License. | ||||||
16 | (7) For any renewal cycle in which professional | ||||||
17 | development hours were required, but not fulfilled, the | ||||||
18 | licensee shall complete any missed hours to total the | ||||||
19 | minimum professional development hours required in this | ||||||
20 | Section prior to September 1 of that year. Professional | ||||||
21 | development hours used to fulfill the minimum required | ||||||
22 | hours for a renewal cycle may be used for only one renewal | ||||||
23 | cycle. For any fiscal year or renewal cycle in which an | ||||||
24 | Illinois Administrators' Academy course was required but | ||||||
25 | not completed, the licensee shall complete any missed | ||||||
26 | Illinois Administrators' Academy courses prior to |
| |||||||
| |||||||
1 | September 1 of that year. The licensee may complete all | ||||||
2 | deficient hours and Illinois Administrators' Academy | ||||||
3 | courses while continuing to work in a position that | ||||||
4 | requires that license until September 1 of that year. | ||||||
5 | (8) Any licensee who has not fulfilled the professional | ||||||
6 | development renewal requirements set forth in this Section | ||||||
7 | at the end of any 5-year renewal cycle is ineligible to | ||||||
8 | register his or her license and may submit an appeal to the | ||||||
9 | State Superintendent of Education for reinstatement of the | ||||||
10 | license. | ||||||
11 | (9) If professional development opportunities were | ||||||
12 | unavailable to a licensee, proof that opportunities were | ||||||
13 | unavailable and request for an extension of time beyond | ||||||
14 | August 31 to complete the renewal requirements may be | ||||||
15 | submitted from April 1 through June 30 of that year to the | ||||||
16 | State Educator Preparation and Licensure Board. If an | ||||||
17 | extension is approved, the license shall remain valid | ||||||
18 | during the extension period. | ||||||
19 | (10) Individuals who hold exempt licenses prior to | ||||||
20 | December 27, 2013 (the effective date of Public Act 98-610) | ||||||
21 | shall commence the annual renewal process with the first | ||||||
22 | scheduled registration due after December 27, 2013 (the | ||||||
23 | effective date of Public Act 98-610). | ||||||
24 | (11) Notwithstanding any other provision of this | ||||||
25 | subsection (e), if a licensee earns more than the required | ||||||
26 | number of professional development hours during a renewal |
| |||||||
| |||||||
1 | cycle, then the licensee may carry over any hours earned | ||||||
2 | from April 1 through June 30 of the last year of the | ||||||
3 | renewal cycle. Any hours carried over in this manner must | ||||||
4 | be applied to the next renewal cycle. Illinois | ||||||
5 | Administrators' Academy courses or hours earned in those | ||||||
6 | courses may not be carried over. | ||||||
7 | (f) At the time of renewal, each licensee shall respond to | ||||||
8 | the required questions under penalty of perjury. | ||||||
9 | (f-5) The State Board of Education shall conduct random | ||||||
10 | audits of licensees to verify a licensee's fulfillment of the | ||||||
11 | professional development hours required under this Section. | ||||||
12 | Upon completion of a random audit, if it is determined by the | ||||||
13 | State Board of Education that the licensee did not complete the | ||||||
14 | required number of professional development hours or did not | ||||||
15 | provide sufficient proof of completion, the licensee shall be | ||||||
16 | notified that his or her license has lapsed. A license that has | ||||||
17 | lapsed under this subsection may be reinstated as provided in | ||||||
18 | subsection (b). | ||||||
19 | (g) The following entities shall be designated as approved | ||||||
20 | to provide professional development activities for the renewal | ||||||
21 | of Professional Educator Licenses: | ||||||
22 | (1) The State Board of Education. | ||||||
23 | (2) Regional offices of education and intermediate | ||||||
24 | service centers. | ||||||
25 | (3) Illinois professional associations representing | ||||||
26 | the following groups that are approved by the State |
| |||||||
| |||||||
1 | Superintendent of Education: | ||||||
2 | (A) school administrators; | ||||||
3 | (B) principals; | ||||||
4 | (C) school business officials; | ||||||
5 | (D) teachers, including special education | ||||||
6 | teachers; | ||||||
7 | (E) school boards; | ||||||
8 | (F) school districts; | ||||||
9 | (G) parents; and | ||||||
10 | (H) school service personnel. | ||||||
11 | (4) Regionally accredited institutions of higher | ||||||
12 | education that offer Illinois-approved educator | ||||||
13 | preparation programs and public community colleges subject | ||||||
14 | to the Public Community College Act. | ||||||
15 | (5) Illinois public school districts, charter schools | ||||||
16 | authorized under Article 27A of this Code, and joint | ||||||
17 | educational programs authorized under Article 10 of this | ||||||
18 | Code for the purposes of providing career and technical | ||||||
19 | education or special education services. | ||||||
20 | (6) A not-for-profit organization that, as of December | ||||||
21 | 31, 2014 (the effective date of Public Act 98-1147), has | ||||||
22 | had or has a grant from or a contract with the State Board | ||||||
23 | of Education to provide professional development services | ||||||
24 | in the area of English Learning to Illinois school | ||||||
25 | districts, teachers, or administrators. | ||||||
26 | (7) State agencies, State boards, and State |
| |||||||
| |||||||
1 | commissions. | ||||||
2 | (8) Museums as defined in Section 10 of the Museum | ||||||
3 | Disposition of Property Act. | ||||||
4 | (h) Approved providers under subsection (g) of this Section | ||||||
5 | shall make available professional development opportunities | ||||||
6 | that satisfy at least one of the following: | ||||||
7 | (1) increase the knowledge and skills of school and | ||||||
8 | district leaders who guide continuous professional | ||||||
9 | development; | ||||||
10 | (2) improve the learning of students; | ||||||
11 | (3) organize adults into learning communities whose | ||||||
12 | goals are aligned with those of the school and district; | ||||||
13 | (4) deepen educator's content knowledge; | ||||||
14 | (5) provide educators with research-based | ||||||
15 | instructional strategies to assist students in meeting | ||||||
16 | rigorous academic standards; | ||||||
17 | (6) prepare educators to appropriately use various | ||||||
18 | types of classroom assessments; | ||||||
19 | (7) use learning strategies appropriate to the | ||||||
20 | intended goals; | ||||||
21 | (8) provide educators with the knowledge and skills to | ||||||
22 | collaborate; or | ||||||
23 | (9) prepare educators to apply research to | ||||||
24 | decision-making. | ||||||
25 | (i) Approved providers under subsection (g) of this Section | ||||||
26 | shall do the following: |
| |||||||
| |||||||
1 | (1) align professional development activities to the | ||||||
2 | State-approved national standards for professional | ||||||
3 | learning; | ||||||
4 | (2) meet the professional development criteria for | ||||||
5 | Illinois licensure renewal; | ||||||
6 | (3) produce a rationale for the activity that explains | ||||||
7 | how it aligns to State standards and identify the | ||||||
8 | assessment for determining the expected impact on student | ||||||
9 | learning or school improvement; | ||||||
10 | (4) maintain original documentation for completion of | ||||||
11 | activities; | ||||||
12 | (5) provide license holders with evidence of | ||||||
13 | completion of activities; and | ||||||
14 | (6) request an Illinois Educator Identification Number | ||||||
15 | (IEIN) for each educator during each professional | ||||||
16 | development activity ; and . | ||||||
17 | (7) beginning on July 1, 2019, register annually with | ||||||
18 | the State Board of Education prior to offering any | ||||||
19 | professional development opportunities in the current | ||||||
20 | fiscal year. | ||||||
21 | (j) The State Board of Education shall conduct annual | ||||||
22 | audits of a subset of approved providers, except for school | ||||||
23 | districts, which shall be audited by regional offices of | ||||||
24 | education and intermediate service centers. The State Board of | ||||||
25 | Education shall ensure that each approved provider, except for | ||||||
26 | a school district, is audited at least once every 5 years. The |
| |||||||
| |||||||
1 | State Board of Education may conduct more frequent audits of | ||||||
2 | providers if evidence suggests the requirements of this Section | ||||||
3 | or administrative rules are not being met. The State Board of | ||||||
4 | Education shall complete random audits of licensees. | ||||||
5 | (1) (Blank). | ||||||
6 | (2) Approved providers shall comply with the | ||||||
7 | requirements in subsections (h) and (i) of this Section by | ||||||
8 | annually submitting data to the State Board of Education | ||||||
9 | demonstrating how the professional development activities | ||||||
10 | impacted one or more of the following: | ||||||
11 | (A) educator and student growth in regards to | ||||||
12 | content knowledge or skills, or both; | ||||||
13 | (B) educator and student social and emotional | ||||||
14 | growth; or | ||||||
15 | (C) alignment to district or school improvement | ||||||
16 | plans. | ||||||
17 | (3) The State Superintendent of Education shall review | ||||||
18 | the annual data collected by the State Board of Education, | ||||||
19 | regional offices of education, and intermediate service | ||||||
20 | centers in audits to determine if the approved provider has | ||||||
21 | met the criteria and should continue to be an approved | ||||||
22 | provider or if further action should be taken as provided | ||||||
23 | in rules. | ||||||
24 | (k) Registration fees shall be paid for the next renewal | ||||||
25 | cycle between April 1 and June 30 in the last year of each | ||||||
26 | 5-year renewal cycle using ELIS. If all required professional |
| |||||||
| |||||||
1 | development hours for the renewal cycle have been completed and | ||||||
2 | entered by the licensee, the licensee shall pay the | ||||||
3 | registration fees for the next cycle using a form of credit or | ||||||
4 | debit card. | ||||||
5 | (l) Any professional educator licensee endorsed for school | ||||||
6 | support personnel who is employed and performing services in | ||||||
7 | Illinois public schools and who holds an active and current | ||||||
8 | professional license issued by the Department of Financial and | ||||||
9 | Professional Regulation or a national certification board, as | ||||||
10 | approved by the State Board of Education, related to the | ||||||
11 | endorsement areas on the Professional Educator License shall be | ||||||
12 | deemed to have satisfied the continuing professional | ||||||
13 | development requirements provided for in this Section. Such | ||||||
14 | individuals shall be required to pay only registration fees to | ||||||
15 | renew the Professional Educator License. An individual who does | ||||||
16 | not hold a license issued by the Department of Financial and | ||||||
17 | Professional Regulation shall complete professional | ||||||
18 | development requirements for the renewal of a Professional | ||||||
19 | Educator License provided for in this Section. | ||||||
20 | (m) Appeals to the State Educator Preparation and Licensure | ||||||
21 | Board
must be made within 30 days after receipt of notice from | ||||||
22 | the State Superintendent of Education that a license will not | ||||||
23 | be renewed based upon failure to complete the requirements of | ||||||
24 | this Section. A licensee may appeal that decision to the State | ||||||
25 | Educator Preparation and Licensure Board in a manner prescribed | ||||||
26 | by rule. |
| |||||||
| |||||||
1 | (1) Each appeal shall state the reasons why the State | ||||||
2 | Superintendent's decision should be reversed and shall be | ||||||
3 | sent by certified mail, return receipt requested, to the | ||||||
4 | State Board of Education. | ||||||
5 | (2) The State Educator Preparation and Licensure Board | ||||||
6 | shall review each appeal regarding renewal of a license | ||||||
7 | within 90 days after receiving the appeal in order to | ||||||
8 | determine whether the licensee has met the requirements of | ||||||
9 | this Section. The State Educator Preparation and Licensure | ||||||
10 | Board may hold an appeal hearing or may make its | ||||||
11 | determination based upon the record of review, which shall | ||||||
12 | consist of the following: | ||||||
13 | (A) the regional superintendent of education's | ||||||
14 | rationale for recommending nonrenewal of the license, | ||||||
15 | if applicable; | ||||||
16 | (B) any evidence submitted to the State | ||||||
17 | Superintendent along with the individual's electronic | ||||||
18 | statement of assurance for renewal; and | ||||||
19 | (C) the State Superintendent's rationale for | ||||||
20 | nonrenewal of the license. | ||||||
21 | (3) The State Educator Preparation and Licensure Board | ||||||
22 | shall notify the licensee of its decision regarding license | ||||||
23 | renewal by certified mail, return receipt requested, no | ||||||
24 | later than 30 days after reaching a decision. Upon receipt | ||||||
25 | of notification of renewal, the licensee, using ELIS, shall | ||||||
26 | pay the applicable registration fee for the next cycle |
| |||||||
| |||||||
1 | using a form of credit or debit card. | ||||||
2 | (n) The State Board of Education may adopt rules as may be | ||||||
3 | necessary to implement this Section. | ||||||
4 | (Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15; | ||||||
5 | 99-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; | ||||||
6 | 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff. | ||||||
7 | 7-1-18; 100-863, eff. 8-14-18.)
| ||||||
8 | (105 ILCS 5/21B-75) | ||||||
9 | Sec. 21B-75. Suspension or revocation of license. | ||||||
10 | (a) As used in this Section, "teacher" means any school | ||||||
11 | district employee regularly required to be licensed, as | ||||||
12 | provided in this Article, in order to teach or supervise in the | ||||||
13 | public schools. | ||||||
14 | (b) The State Superintendent of Education has the exclusive | ||||||
15 | authority, in accordance with this Section and any rules | ||||||
16 | adopted by the State Board of Education, in consultation with | ||||||
17 | the State Educator Preparation and Licensure Board, to initiate | ||||||
18 | the suspension of up to 5 calendar years or revocation of any | ||||||
19 | license issued pursuant to this Article for abuse or neglect of | ||||||
20 | a child, immorality, a condition of health detrimental to the | ||||||
21 | welfare of pupils, incompetency, unprofessional conduct (which | ||||||
22 | includes the failure to disclose on an employment application | ||||||
23 | any previous conviction for a sex offense, as defined in | ||||||
24 | Section 21B-80 of this Code, or any other offense committed in | ||||||
25 | any other state or against the laws of the United States that, |
| |||||||
| |||||||
1 | if committed in this State, would be punishable as a sex | ||||||
2 | offense, as defined in Section 21B-80 of this Code), the | ||||||
3 | neglect of any professional duty, willful or negligent failure | ||||||
4 | to report an instance of suspected child abuse or neglect as | ||||||
5 | required by the Abused and Neglected Child Reporting Act, or | ||||||
6 | other just cause. Negligent failure to report an instance of | ||||||
7 | suspected child abuse or neglect occurs when a teacher | ||||||
8 | personally observes an instance of suspected child abuse or | ||||||
9 | neglect and reasonably believes, in his or her professional or | ||||||
10 | official capacity, that the instance constitutes an act of | ||||||
11 | child abuse or neglect under the Abused and Neglected Child | ||||||
12 | Reporting Act, and he or she, without willful intent, fails to | ||||||
13 | immediately report or cause a report to be made of the | ||||||
14 | suspected abuse or neglect to the Department of Children and | ||||||
15 | Family Services, as required by the Abused and Neglected Child | ||||||
16 | Reporting Act. Unprofessional conduct shall include the | ||||||
17 | refusal to attend or participate in institutes, teachers' | ||||||
18 | meetings, or professional readings or to meet other reasonable | ||||||
19 | requirements of the regional superintendent of schools or State | ||||||
20 | Superintendent of Education. Unprofessional conduct also | ||||||
21 | includes conduct that violates the standards, ethics, or rules | ||||||
22 | applicable to the security, administration, monitoring, or | ||||||
23 | scoring of or the reporting of scores from any assessment test | ||||||
24 | or examination administered under Section 2-3.64a-5 of this | ||||||
25 | Code or that is known or intended to produce or report | ||||||
26 | manipulated or artificial, rather than actual, assessment or |
| |||||||
| |||||||
1 | achievement results or gains from the administration of those | ||||||
2 | tests or examinations. Unprofessional conduct shall also | ||||||
3 | include neglect or unnecessary delay in the making of | ||||||
4 | statistical and other reports required by school officers. | ||||||
5 | Incompetency shall include, without limitation, 2 or more | ||||||
6 | school terms of service for which the license holder has | ||||||
7 | received an unsatisfactory rating on a performance evaluation | ||||||
8 | conducted pursuant to Article 24A of this Code within a period | ||||||
9 | of 7 school terms of service. In determining whether to | ||||||
10 | initiate action against one or more licenses based on | ||||||
11 | incompetency and the recommended sanction for such action, the | ||||||
12 | State Superintendent shall consider factors that include | ||||||
13 | without limitation all of the following: | ||||||
14 | (1) Whether the unsatisfactory evaluation ratings | ||||||
15 | occurred prior to June 13, 2011 (the effective date of | ||||||
16 | Public Act 97-8). | ||||||
17 | (2) Whether the unsatisfactory evaluation ratings | ||||||
18 | occurred prior to or after the implementation date, as | ||||||
19 | defined in Section 24A-2.5 of this Code, of an evaluation | ||||||
20 | system for teachers in a school district. | ||||||
21 | (3) Whether the evaluator or evaluators who performed | ||||||
22 | an unsatisfactory evaluation met the pre-licensure and | ||||||
23 | training requirements set forth in Section 24A-3 of this | ||||||
24 | Code. | ||||||
25 | (4) The time between the unsatisfactory evaluation | ||||||
26 | ratings. |
| |||||||
| |||||||
1 | (5) The quality of the remediation plans associated | ||||||
2 | with the unsatisfactory evaluation ratings and whether the | ||||||
3 | license holder successfully completed the remediation | ||||||
4 | plans. | ||||||
5 | (6) Whether the unsatisfactory evaluation ratings were | ||||||
6 | related to the same or different assignments performed by | ||||||
7 | the license holder. | ||||||
8 | (7) Whether one or more of the unsatisfactory | ||||||
9 | evaluation ratings occurred in the first year of a teaching | ||||||
10 | or administrative assignment. | ||||||
11 | When initiating an action against one or more licenses, the | ||||||
12 | State Superintendent may seek required professional | ||||||
13 | development as a sanction in lieu of or in addition to | ||||||
14 | suspension or revocation. Any such required professional | ||||||
15 | development must be at the expense of the license holder, who | ||||||
16 | may use, if available and applicable to the requirements | ||||||
17 | established by administrative or court order, training, | ||||||
18 | coursework, or other professional development funds in | ||||||
19 | accordance with the terms of an applicable collective | ||||||
20 | bargaining agreement entered into after June 13, 2011 (the | ||||||
21 | effective date of Public Act 97-8), unless that agreement | ||||||
22 | specifically precludes use of funds for such purpose. | ||||||
23 | (c) The State Superintendent of Education shall, upon | ||||||
24 | receipt of evidence of abuse or neglect of a child, immorality, | ||||||
25 | a condition of health detrimental to the welfare of pupils, | ||||||
26 | incompetency (subject to subsection (b) of this Section), |
| |||||||
| |||||||
1 | unprofessional conduct, the neglect of any professional duty, | ||||||
2 | or other just cause, further investigate and, if and as | ||||||
3 | appropriate, serve written notice to the individual and afford | ||||||
4 | the individual opportunity for a hearing prior to suspension, | ||||||
5 | revocation, or other sanction; provided that the State | ||||||
6 | Superintendent is under no obligation to initiate such an | ||||||
7 | investigation if the Department of Children and Family Services | ||||||
8 | is investigating the same or substantially similar allegations | ||||||
9 | and its child protective service unit has not made its | ||||||
10 | determination, as required under Section 7.12 of the Abused and | ||||||
11 | Neglected Child Reporting Act. If the State Superintendent of | ||||||
12 | Education does not receive from an individual a request for a | ||||||
13 | hearing within 10 days after the individual receives notice, | ||||||
14 | the suspension, revocation, or other sanction shall | ||||||
15 | immediately take effect in accordance with the notice. If a | ||||||
16 | hearing is requested within 10 days after notice of an | ||||||
17 | opportunity for hearing, it shall act as a stay of proceedings | ||||||
18 | until the State Educator Preparation and Licensure Board issues | ||||||
19 | a decision. Any hearing shall take place in the educational | ||||||
20 | service region where the educator is or was last employed and | ||||||
21 | in accordance with rules adopted by the State Board of | ||||||
22 | Education, in consultation with the State Educator Preparation | ||||||
23 | and Licensure Board, and such rules shall include without | ||||||
24 | limitation provisions for discovery and the sharing of | ||||||
25 | information between parties prior to the hearing. The standard | ||||||
26 | of proof for any administrative hearing held pursuant to this |
| |||||||
| |||||||
1 | Section shall be by the preponderance of the evidence. The | ||||||
2 | decision of the State Educator Preparation and Licensure Board | ||||||
3 | is a final administrative decision and is subject to judicial | ||||||
4 | review by appeal of either party. | ||||||
5 | The State Board of Education may refuse to issue or may | ||||||
6 | suspend the license of any person who fails to file a return or | ||||||
7 | to pay the tax, penalty, or interest shown in a filed return or | ||||||
8 | to pay any final assessment of tax, penalty, or interest, as | ||||||
9 | required by any tax Act administered by the Department of | ||||||
10 | Revenue, until such time as the requirements of any such tax | ||||||
11 | Act are satisfied. | ||||||
12 | The exclusive authority of the State Superintendent of | ||||||
13 | Education to initiate suspension or revocation of a license | ||||||
14 | pursuant to this Section does not preclude a regional | ||||||
15 | superintendent of schools from cooperating with the State | ||||||
16 | Superintendent or a State's Attorney with respect to an | ||||||
17 | investigation of alleged misconduct. | ||||||
18 | (d) The State Superintendent of Education or his or her | ||||||
19 | designee may initiate and conduct such investigations as may be | ||||||
20 | reasonably necessary to establish the existence of any alleged | ||||||
21 | misconduct. At any stage of the investigation, the State | ||||||
22 | Superintendent may issue a subpoena requiring the attendance | ||||||
23 | and testimony of a witness, including the license holder, and | ||||||
24 | the production of any evidence, including files, records, | ||||||
25 | correspondence, or documents, relating to any matter in | ||||||
26 | question in the investigation. The subpoena shall require a |
| |||||||
| |||||||
1 | witness to appear at the State Board of Education at a | ||||||
2 | specified date and time and shall specify any evidence to be | ||||||
3 | produced. The license holder is not entitled to be present, but | ||||||
4 | the State Superintendent shall provide the license holder with | ||||||
5 | a copy of any recorded testimony prior to a hearing under this | ||||||
6 | Section. Such recorded testimony must not be used as evidence | ||||||
7 | at a hearing, unless the license holder has adequate notice of | ||||||
8 | the testimony and the opportunity to cross-examine the witness. | ||||||
9 | Failure of a license holder to comply with a duly issued, | ||||||
10 | investigatory subpoena may be grounds for revocation, | ||||||
11 | suspension, or denial of a license. | ||||||
12 | (e) All correspondence, documentation, and other | ||||||
13 | information so received by the regional superintendent of | ||||||
14 | schools, the State Superintendent of Education, the State Board | ||||||
15 | of Education, or the State Educator Preparation and Licensure | ||||||
16 | Board under this Section is confidential and must not be | ||||||
17 | disclosed to third parties, except (i) as necessary for the | ||||||
18 | State Superintendent of Education or his or her designee to | ||||||
19 | investigate and prosecute pursuant to this Article, (ii) | ||||||
20 | pursuant to a court order, (iii) for disclosure to the license | ||||||
21 | holder or his or her representative, or (iv) as otherwise | ||||||
22 | required in this Article and provided that any such information | ||||||
23 | admitted into evidence in a hearing is exempt from this | ||||||
24 | confidentiality and non-disclosure requirement. | ||||||
25 | (f) The State Superintendent of Education or a person | ||||||
26 | designated by him or her shall have the power to administer |
| |||||||
| |||||||
1 | oaths to witnesses at any hearing conducted before the State | ||||||
2 | Educator Preparation and Licensure Board pursuant to this | ||||||
3 | Section. The State Superintendent of Education or a person | ||||||
4 | designated by him or her is authorized to subpoena and bring | ||||||
5 | before the State Educator Preparation and Licensure Board any | ||||||
6 | person in this State and to take testimony either orally or by | ||||||
7 | deposition or by exhibit, with the same fees and mileage and in | ||||||
8 | the same manner as prescribed by law in judicial proceedings in | ||||||
9 | civil cases in circuit courts of this State. | ||||||
10 | (g) Any circuit court, upon the application of the State | ||||||
11 | Superintendent of Education or the license holder, may, by | ||||||
12 | order duly entered, require the attendance of witnesses and the | ||||||
13 | production of relevant books and papers as part of any | ||||||
14 | investigation or at any hearing the State Educator Preparation | ||||||
15 | and Licensure Board is authorized to conduct pursuant to this | ||||||
16 | Section, and the court may compel obedience to its orders by | ||||||
17 | proceedings for contempt. | ||||||
18 | (h) The State Board of Education shall receive an annual | ||||||
19 | line item appropriation to cover fees associated with the | ||||||
20 | investigation and prosecution of alleged educator misconduct | ||||||
21 | and hearings related thereto.
| ||||||
22 | (Source: P.A. 100-872, eff. 8-14-18.)
| ||||||
23 | (105 ILCS 5/21B-80) | ||||||
24 | Sec. 21B-80. Conviction of certain offenses as grounds for | ||||||
25 | disqualification for licensure or suspension or revocation of a |
| |||||||
| |||||||
1 | license. | ||||||
2 | (a) As used in this Section: | ||||||
3 | "Drug offense" means any one or more of the following | ||||||
4 | offenses: | ||||||
5 | (1) Any offense defined in the Cannabis Control Act, | ||||||
6 | except those defined in subdivisions (a), (b), and (c) of | ||||||
7 | Section 4 and subdivisions (a) and (b) of Section 5 of the | ||||||
8 | Cannabis Control Act and any offense for which the holder | ||||||
9 | of a license is placed on probation under the provisions of | ||||||
10 | Section 10 of the Cannabis Control Act, provided that if | ||||||
11 | the terms and conditions of probation required by the court | ||||||
12 | are not fulfilled, the offense is not eligible for this | ||||||
13 | exception. | ||||||
14 | (2) Any offense defined in the Illinois Controlled | ||||||
15 | Substances Act, except any offense for which the holder of | ||||||
16 | a license is placed on probation under the provisions of | ||||||
17 | Section 410 of the Illinois Controlled Substances Act, | ||||||
18 | provided that if the terms and conditions of probation | ||||||
19 | required by the court are not fulfilled, the offense is not | ||||||
20 | eligible for this exception. | ||||||
21 | (3) Any offense defined in the Methamphetamine Control | ||||||
22 | and Community Protection Act, except any offense for which | ||||||
23 | the holder of a license is placed on probation under the | ||||||
24 | provision of Section 70 of that Act, provided that if the | ||||||
25 | terms and conditions of probation required by the court are | ||||||
26 | not fulfilled, the offense is not eligible for this |
| |||||||
| |||||||
1 | exception. | ||||||
2 | (4) Any attempt to commit any of the offenses listed in | ||||||
3 | items (1) through (3) of this definition. | ||||||
4 | (5) Any offense committed or attempted in any other | ||||||
5 | state or against the laws of the United States that, if | ||||||
6 | committed or attempted in this State, would have been | ||||||
7 | punishable as one or more of the offenses listed in items | ||||||
8 | (1) through (4) of this definition. | ||||||
9 | The changes made by Public Act 96-431 to this definition are | ||||||
10 | declaratory of existing law. | ||||||
11 | "Sentence" includes any period of supervised release | ||||||
12 | supervision or probation that was imposed either alone or in | ||||||
13 | combination with a period of incarceration. | ||||||
14 | "Sex or other offense" means any one or more of the | ||||||
15 | following offenses: | ||||||
16 | (A) Any offense defined in Sections 11-6, 11-9 through | ||||||
17 | 11-9.5, inclusive, and 11-30 (if punished as a Class 4 | ||||||
18 | felony) of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012; Sections 11-14.1 through 11-21, inclusive, of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
21 | Sections 11-23 (if punished as a Class 3 felony), 11-24, | ||||||
22 | 11-25, and 11-26 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012; Section 10-5.1, subsection (c) of | ||||||
24 | Section 10-9, and Sections 11-6.6, 11-11, 12-3.05, 12-3.3, | ||||||
25 | 12-6.4, 12-7.1, 12-34, 12-34.5, and 12-35 of the Criminal | ||||||
26 | Code of 2012; and Sections 11-1.20, 11-1.30, 11-1.40, |
| |||||||
| |||||||
1 | 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, | ||||||
2 | 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished pursuant | ||||||
3 | to subdivision (4) or (5) of subsection (d) of Section | ||||||
4 | 26-4) of the Criminal Code of 1961 or the Criminal Code of | ||||||
5 | 2012. | ||||||
6 | (B) Any attempt to commit any of the offenses listed in | ||||||
7 | item (A) of this definition. | ||||||
8 | (C) Any offense committed or attempted in any other | ||||||
9 | state that, if committed or attempted in this State, would | ||||||
10 | have been punishable as one or more of the offenses listed | ||||||
11 | in items (A) and (B) of this definition. | ||||||
12 | (b) Whenever the holder of any license issued pursuant to | ||||||
13 | this Article or applicant for a license to be issued pursuant | ||||||
14 | to this Article has been convicted of any drug offense, other | ||||||
15 | than as provided in subsection (c) of this Section, the State | ||||||
16 | Superintendent of Education shall forthwith suspend the | ||||||
17 | license or deny the application, whichever is applicable, until | ||||||
18 | 7 years following the end of the sentence for the criminal | ||||||
19 | offense. If the conviction is reversed and the holder is | ||||||
20 | acquitted of the offense in a new trial or the charges against | ||||||
21 | him or her are dismissed, the State Superintendent of Education | ||||||
22 | shall forthwith terminate the suspension of the license. | ||||||
23 | (b-5) Whenever the holder of a license issued pursuant to | ||||||
24 | this Article or applicant for a license to be issued pursuant | ||||||
25 | to this Article has been charged with attempting to commit, | ||||||
26 | conspiring to commit, soliciting, or committing any sex or |
| |||||||
| |||||||
1 | other offense, as enumerated under item (A) of subsection (a), | ||||||
2 | first degree murder, or a Class X felony or any offense | ||||||
3 | committed or attempted in any other state or against the laws | ||||||
4 | of the United States that, if committed or attempted in this | ||||||
5 | State, would have been punishable as one or more of the | ||||||
6 | foregoing offenses, the State Superintendent of Education | ||||||
7 | shall immediately suspend the license or deny the application | ||||||
8 | until the person's criminal charges are adjudicated through a | ||||||
9 | court of competent jurisdiction. If the person is acquitted, | ||||||
10 | his or her license or application shall be immediately | ||||||
11 | reinstated. | ||||||
12 | (c) Whenever the holder of a license issued pursuant to | ||||||
13 | this Article or applicant for a license to be issued pursuant | ||||||
14 | to this Article has been convicted of attempting to commit, | ||||||
15 | conspiring to commit, soliciting, or committing any sex or | ||||||
16 | other offense , as enumerated under item (A) of subsection (a) , | ||||||
17 | first degree murder, or a Class X felony or any offense | ||||||
18 | committed or attempted in any other state or against the laws | ||||||
19 | of the United States that, if committed or attempted in this | ||||||
20 | State, would have been punishable as one or more of the | ||||||
21 | foregoing offenses, the State Superintendent of Education | ||||||
22 | shall forthwith suspend the license or deny the application, | ||||||
23 | whichever is applicable. If the conviction is reversed and the | ||||||
24 | holder is acquitted of that offense in a new trial or the | ||||||
25 | charges that he or she committed that offense are dismissed, | ||||||
26 | the State Superintendent of Education shall forthwith |
| |||||||
| |||||||
1 | terminate the suspension of the license. When the conviction | ||||||
2 | becomes final, the State Superintendent of Education shall | ||||||
3 | forthwith revoke the license.
| ||||||
4 | (Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
| ||||||
5 | (105 ILCS 5/22-85 new) | ||||||
6 | Sec. 22-85. Sexual abuse at schools. | ||||||
7 | (a) The General Assembly finds that: | ||||||
8 | (1) investigation of a child regarding an incident of | ||||||
9 | sexual abuse can induce significant trauma for the child; | ||||||
10 | (2) it is desirable to prevent multiple interviews of a | ||||||
11 | child at a school; and | ||||||
12 | (3) it is important to recognize the role of Children's | ||||||
13 | Advocacy Centers in conducting developmentally appropriate | ||||||
14 | investigations. | ||||||
15 | (b) In this Section: | ||||||
16 | "Alleged incident of sexual abuse" is limited to an | ||||||
17 | incident of sexual abuse of a child that is alleged to have | ||||||
18 | been perpetrated by school personnel, including a school vendor | ||||||
19 | or volunteer, that occurred (i) on school grounds or during a | ||||||
20 | school activity or (ii) outside of school grounds or not during | ||||||
21 | a school activity. | ||||||
22 | "Appropriate law enforcement agency" means a law | ||||||
23 | enforcement agency whose employees have been involved, in some | ||||||
24 | capacity, with an investigation of a particular alleged | ||||||
25 | incident of sexual abuse. |
| |||||||
| |||||||
1 | (c) If a mandated reporter within a school has knowledge of | ||||||
2 | an alleged incident of sexual abuse, the reporter must call the | ||||||
3 | Department of Children and Family Services' hotline | ||||||
4 | established under Section 7.6 of the Abused and Neglected Child | ||||||
5 | Reporting Act immediately after obtaining the minimal | ||||||
6 | information necessary to make a report, including the names of | ||||||
7 | the affected parties and the allegations. The State Board of | ||||||
8 | Education must make available materials detailing the | ||||||
9 | information that is necessary to enable notification to the | ||||||
10 | Department of Children and Family Services of an alleged | ||||||
11 | incident of sexual abuse. Each school must ensure that mandated | ||||||
12 | reporters review the State Board of Education's materials and | ||||||
13 | materials developed by the Department of Children and Family | ||||||
14 | Services and distributed in the school building under Section 7 | ||||||
15 | of the Abused and Neglected Child Reporting Act at least once | ||||||
16 | annually. | ||||||
17 | (d) For schools in a county with an accredited Children's | ||||||
18 | Advocacy Center, every alleged incident of sexual abuse that is | ||||||
19 | reported to the Department of Children and Family Services' | ||||||
20 | hotline or a law enforcement agency and is subsequently | ||||||
21 | accepted for investigation must be referred by the entity that | ||||||
22 | received the report to the local Children's Advocacy Center | ||||||
23 | pursuant to that county's multidisciplinary team's protocol | ||||||
24 | under the Children's Advocacy Center Act for investigating | ||||||
25 | child sexual abuse allegations. | ||||||
26 | (e) A county's local Children's Advocacy Center must, at a |
| |||||||
| |||||||
1 | minimum, do both of the following regarding a referred case of | ||||||
2 | an alleged incident of sexual abuse: | ||||||
3 | (1) Coordinate the investigation of the alleged | ||||||
4 | incident, as governed by the local Children's Advocacy | ||||||
5 | Center's existing multidisciplinary team protocol and | ||||||
6 | according to National Children's Alliance accreditation | ||||||
7 | standards. | ||||||
8 | (2) Facilitate communication between the | ||||||
9 | multidisciplinary team investigating the alleged incident | ||||||
10 | of sexual abuse and, if applicable, the referring school's | ||||||
11 | (i) Title IX officer, or his or her designee, (ii) school | ||||||
12 | resource officer, or (iii) personnel leading the school's | ||||||
13 | investigation into the alleged incident of sexual abuse. If | ||||||
14 | a school uses a designated entity to investigate a sexual | ||||||
15 | abuse allegation, the multidisciplinary team may | ||||||
16 | correspond only with that entity and any reference in this | ||||||
17 | Section to "school" refers to that designated entity. This | ||||||
18 | facilitation of communication must, at a minimum, ensure | ||||||
19 | that all applicable parties have each other's contact | ||||||
20 | information and must share the county's local Children's | ||||||
21 | Advocacy Center's protocol regarding the process of | ||||||
22 | approving the viewing of a forensic interview, as defined | ||||||
23 | under Section 2.5 of the Children's Advocacy Center Act, by | ||||||
24 | school personnel and a contact person for questions | ||||||
25 | relating to the protocol. | ||||||
26 | (f) After an alleged incident of sexual abuse is accepted |
| |||||||
| |||||||
1 | for investigation by the Department of Children and Family | ||||||
2 | Services or a law enforcement agency and while the criminal and | ||||||
3 | child abuse investigations related to that alleged incident are | ||||||
4 | being conducted by the local multidisciplinary team, the school | ||||||
5 | relevant to the alleged incident of sexual abuse must comply | ||||||
6 | with both of the following: | ||||||
7 | (1) It may not interview the alleged victim regarding | ||||||
8 | details of the alleged incident of sexual abuse until after | ||||||
9 | the completion of the forensic interview of that victim is | ||||||
10 | conducted at a Children's Advocacy Center. This paragraph | ||||||
11 | does not prohibit a school from requesting information from | ||||||
12 | the alleged victim or his or her parent or guardian to | ||||||
13 | ensure the safety and well-being of the alleged victim at | ||||||
14 | school during an investigation. | ||||||
15 | (2) If asked by a law enforcement agency or an | ||||||
16 | investigator of the Department of Children and Family | ||||||
17 | Services who is conducting the investigation, it must | ||||||
18 | inform those individuals of any evidence the school has | ||||||
19 | gathered pertaining to an alleged incident of sexual abuse, | ||||||
20 | as permissible by federal or State law. | ||||||
21 | (g) After completion of a forensic interview, the | ||||||
22 | multidisciplinary team must notify the school relevant to the | ||||||
23 | alleged incident of sexual abuse of its completion. If, for any | ||||||
24 | reason, a multidisciplinary team determines it will not conduct | ||||||
25 | a forensic interview in a specific investigation, the | ||||||
26 | multidisciplinary team must notify the school as soon as the |
| |||||||
| |||||||
1 | determination is made. If a forensic interview has not been | ||||||
2 | conducted within 15 calendar days after opening an | ||||||
3 | investigation, the school may notify the multidisciplinary | ||||||
4 | team that it intends to interview the alleged victim. No later | ||||||
5 | than 10 calendar days after this notification, the | ||||||
6 | multidisciplinary team may conduct the forensic interview and, | ||||||
7 | if the multidisciplinary team does not conduct the interview, | ||||||
8 | the school may proceed with its interview. | ||||||
9 | (h) To the greatest extent possible considering student | ||||||
10 | safety and Title IX compliance, school personnel may view the | ||||||
11 | electronic recordings of a forensic interview of an alleged | ||||||
12 | victim of an incident of sexual abuse. As a means to avoid | ||||||
13 | additional interviews of an alleged victim, school personnel | ||||||
14 | must be granted viewing access to the electronic recording of a | ||||||
15 | forensic interview conducted at an accredited Children's | ||||||
16 | Advocacy Center for an alleged incident of sexual abuse only if | ||||||
17 | the school receives (i) approval from the multidisciplinary | ||||||
18 | team investigating the case and (ii) informed consent by a | ||||||
19 | child over the age of 13 or the child's parent or guardian. | ||||||
20 | Each county's local Children's Advocacy Center and | ||||||
21 | multidisciplinary team must establish an internal protocol | ||||||
22 | regarding the process of approving the viewing of the forensic | ||||||
23 | interview, and this process and the contact person must be | ||||||
24 | shared with the school contact at the time of the initial | ||||||
25 | facilitation. Whenever possible, the school's viewing of the | ||||||
26 | electronic recording of a forensic interview should be |
| |||||||
| |||||||
1 | conducted in lieu of the need for additional interviews. | ||||||
2 | (i) For an alleged incident of sexual abuse that has been | ||||||
3 | accepted for investigation by a multidisciplinary team, if, | ||||||
4 | during the course of its internal investigation and at any | ||||||
5 | point during or after the multidisciplinary team's | ||||||
6 | investigation, the school determines that it needs to interview | ||||||
7 | the alleged victim to successfully complete its investigation | ||||||
8 | and the victim is under 18 years of age, a child advocate must | ||||||
9 | be made available to the student and may be present during the | ||||||
10 | school's interview. A child advocate may be a school social | ||||||
11 | worker, a school or equally qualified psychologist, or a person | ||||||
12 | in a position the State Board of Education has identified as an | ||||||
13 | appropriate advocate for the student during a school's | ||||||
14 | investigation into an alleged incident of sexual abuse. | ||||||
15 | (j) The Department of Children and Family Services must | ||||||
16 | notify the relevant school when an agency investigation of an | ||||||
17 | alleged incident of sexual abuse is complete. The notification | ||||||
18 | must include information on the outcome of that investigation. | ||||||
19 | (k) The appropriate law enforcement agency must notify the | ||||||
20 | relevant school when an agency investigation of an alleged | ||||||
21 | incident of sexual abuse is complete or has been suspended. The | ||||||
22 | notification must include information on the outcome of that | ||||||
23 | investigation. | ||||||
24 | (l) This Section applies to all schools operating under | ||||||
25 | this Code, including, but not limited to, public schools | ||||||
26 | located in cities having a population of more than 500,000, a |
| |||||||
| |||||||
1 | school operated pursuant to an agreement with a public school | ||||||
2 | district, alternative schools operated by third parties, an | ||||||
3 | alternative learning opportunities program, a public school | ||||||
4 | administered by a local public agency or the Department of | ||||||
5 | Human Services, charter schools operating under the authority | ||||||
6 | of Article 27A, and non-public schools recognized by the State | ||||||
7 | Board of Education.
| ||||||
8 | (105 ILCS 5/22-86 new) | ||||||
9 | Sec. 22-86. Make Sexual and Severe Physical Abuse Fully | ||||||
10 | Extinct (Make S.A.F.E.) Task Force. | ||||||
11 | (a) The General Assembly finds that the most precious | ||||||
12 | resource in this State is our children. The General Assembly | ||||||
13 | also finds that the protection of children from sexual abuse | ||||||
14 | and exploitation is at the core of the duties and fundamental | ||||||
15 | responsibilities of the General Assembly and is of the utmost | ||||||
16 | importance. | ||||||
17 | (b) The Make Sexual and Severe Physical Abuse Fully Extinct | ||||||
18 | (Make S.A.F.E.) Task Force is created to address issues | ||||||
19 | concerning the sexual abuse of students in school-related | ||||||
20 | settings. The Task Force shall consist of all of the following | ||||||
21 | members, who must be appointed no later than 60 days after the | ||||||
22 | effective date of this amendatory Act of the 101st General | ||||||
23 | Assembly: | ||||||
24 | (1) One representative appointed by the Speaker of the | ||||||
25 | House of Representatives. |
| |||||||
| |||||||
1 | (2) One representative appointed by the Minority | ||||||
2 | Leader of the House of Representatives. | ||||||
3 | (3) One senator appointed by the President of the | ||||||
4 | Senate. | ||||||
5 | (4) One senator appointed by the Minority Leader of the | ||||||
6 | Senate. | ||||||
7 | (5) One member who represents the Children's Advocacy | ||||||
8 | Centers of Illinois appointed by the State Superintendent | ||||||
9 | of Education. | ||||||
10 | (6) The Executive Director of an urban, accredited | ||||||
11 | Children's Advocacy Center appointed by the State | ||||||
12 | Superintendent of Education. | ||||||
13 | (7) The Executive Director of a suburban, accredited | ||||||
14 | Children's Advocacy Center appointed by the State | ||||||
15 | Superintendent of Education. | ||||||
16 | (8) The Executive Director of a rural, accredited | ||||||
17 | Children's Advocacy Center appointed by the State | ||||||
18 | Superintendent of Education. | ||||||
19 | (9) One representative of the State Board of Education | ||||||
20 | appointed by the State Superintendent of Education. | ||||||
21 | (10) One member representing a State's Attorney's | ||||||
22 | office appointed by the State Superintendent of Education. | ||||||
23 | (11) One member representing a statewide organization | ||||||
24 | that unites the services and resources of rape crisis | ||||||
25 | centers, alleviates the suffering of sexual assault | ||||||
26 | survivors, and helps build communities appointed by the |
| |||||||
| |||||||
1 | State Superintendent of Education. | ||||||
2 | (12) One member representing the Department of State | ||||||
3 | Police appointed by the State Superintendent of Education. | ||||||
4 | (13) One member representing the Department of | ||||||
5 | Children and Family Services appointed by the State | ||||||
6 | Superintendent of Education. | ||||||
7 | (14) One member representing the Office of the Attorney | ||||||
8 | General appointed by the State Superintendent of | ||||||
9 | Education. | ||||||
10 | (15) One member representing a statewide organization | ||||||
11 | representing suburban school districts appointed by the | ||||||
12 | State Superintendent of Education. | ||||||
13 | (16) One member representing a statewide professional | ||||||
14 | teachers' organization appointed by the State | ||||||
15 | Superintendent of Education. | ||||||
16 | (17) One member representing a different statewide | ||||||
17 | professional teachers' organization appointed by the State | ||||||
18 | Superintendent of Education. | ||||||
19 | (18) One member representing a professional teachers' | ||||||
20 | organization in a city having a population of over 500,000 | ||||||
21 | appointed by the State Superintendent of Education. | ||||||
22 | (19) One member representing a school district | ||||||
23 | organized under Article 34 appointed by the State | ||||||
24 | Superintendent of Education. | ||||||
25 | (20) One member representing the investigating body of | ||||||
26 | a school district organized under Article 34 appointed by |
| |||||||
| |||||||
1 | the State Superintendent of Education. | ||||||
2 | (21) One member representing a statewide organization | ||||||
3 | that represents social workers appointed by the State | ||||||
4 | Superintendent of Education. | ||||||
5 | (22) One member representing a charter schools' | ||||||
6 | organization in this State appointed by the State | ||||||
7 | Superintendent of Education. | ||||||
8 | (23) One member representing a statewide organization | ||||||
9 | that represents principals appointed by the State | ||||||
10 | Superintendent of Education. | ||||||
11 | (24) One member representing a statewide organization | ||||||
12 | that represents superintendents appointed by the State | ||||||
13 | Superintendent of Education. | ||||||
14 | (25) One member representing a statewide organization | ||||||
15 | that represents school boards appointed by the State | ||||||
16 | Superintendent of Education. | ||||||
17 | (c) The Task Force shall first meet at the call of the | ||||||
18 | State Superintendent of Education, and each subsequent meeting | ||||||
19 | shall be at the call of the Chairperson, who shall be | ||||||
20 | designated by the State Superintendent of Education. The State | ||||||
21 | Board of Education shall provide administrative and other | ||||||
22 | support to the Task Force. Members of the Task Force shall | ||||||
23 | serve without compensation. | ||||||
24 | (d) The Task Force shall review the best practices for | ||||||
25 | preventing the sexual abuse of students in a school-related | ||||||
26 | setting or by school-related perpetrators, including school |
| |||||||
| |||||||
1 | district employees or other students, how to best address that | ||||||
2 | abuse, and the proper support for students who have suffered | ||||||
3 | from that abuse. The review shall examine the best practices at | ||||||
4 | all schools maintaining prekindergarten through grade 12, | ||||||
5 | regardless of whether the school is a public school, nonpublic | ||||||
6 | school, or charter school. On or before September 15, 2020, the | ||||||
7 | Task Force must report the findings of its review to the | ||||||
8 | Governor and the General Assembly, which must, at a minimum, | ||||||
9 | include all of the following topics: | ||||||
10 | (1) The best practices for preventing sexual and severe | ||||||
11 | physical abuse in school-related settings or by | ||||||
12 | school-related perpetrators, including, but not limited | ||||||
13 | to, criminal history records checks for school district | ||||||
14 | employees, the employment status of a school employee | ||||||
15 | accused of sexual abuse of a student, and procedural | ||||||
16 | safeguards for personnel who regularly interact with | ||||||
17 | children as part of school or school activities, even if | ||||||
18 | the personnel are not officially employed by a school | ||||||
19 | district. | ||||||
20 | (2) The best practices for addressing sexual and severe | ||||||
21 | physical abuse in a school-related setting or by | ||||||
22 | school-related perpetrators, including, but not limited | ||||||
23 | to, the nature and amount of forensic interviews and | ||||||
24 | forensic interview information sharing, school cooperation | ||||||
25 | with multidisciplinary teams under the Children's Advocacy | ||||||
26 | Center Act, and model school policies. |
| |||||||
| |||||||
1 | (3) The best practices for support for students who | ||||||
2 | have suffered sexual or severe physical abuse in a | ||||||
3 | school-related setting or by a school-related perpetrator, | ||||||
4 | including, but not limited to, emotional, psychological, | ||||||
5 | and academic support. | ||||||
6 | (4) Any other topic the Task Force deems necessary to | ||||||
7 | advance the safety or well-being of students in relation to | ||||||
8 | sexual and severe physical abuse stemming from a | ||||||
9 | school-related setting or school-related perpetrator. | ||||||
10 | The Task Force is dissolved upon submission of the report | ||||||
11 | under this subsection. | ||||||
12 | (e) This Section is repealed on March 15, 2021.
| ||||||
13 | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| ||||||
14 | Sec. 24-12. Removal or dismissal of teachers in contractual
| ||||||
15 | continued service. | ||||||
16 | (a) This subsection (a) applies only to honorable | ||||||
17 | dismissals and recalls in which the notice of dismissal is | ||||||
18 | provided on or before the end of the 2010-2011 school term. If | ||||||
19 | a teacher in contractual continued service is
removed or | ||||||
20 | dismissed as a result of a decision of the board to decrease
| ||||||
21 | the number of teachers employed by the board or to discontinue | ||||||
22 | some
particular type of teaching service, written notice shall | ||||||
23 | be mailed to the
teacher and also given the
teacher either by | ||||||
24 | certified mail, return receipt requested or
personal delivery | ||||||
25 | with receipt at least 60
days before
the end of the school |
| |||||||
| |||||||
1 | term, together with a statement of honorable
dismissal and the | ||||||
2 | reason therefor, and in all such cases the board shall
first | ||||||
3 | remove or dismiss all teachers who have not entered upon | ||||||
4 | contractual
continued service before removing or dismissing | ||||||
5 | any teacher who has entered
upon contractual continued service | ||||||
6 | and who is legally qualified to hold a
position currently held | ||||||
7 | by a teacher who has not entered upon contractual
continued | ||||||
8 | service. | ||||||
9 | As between teachers who have entered upon contractual
| ||||||
10 | continued service, the teacher or teachers with the shorter | ||||||
11 | length of
continuing service with the district shall be | ||||||
12 | dismissed first
unless an alternative method of determining the | ||||||
13 | sequence of dismissal is
established in a collective bargaining | ||||||
14 | agreement or contract between the
board and a professional | ||||||
15 | faculty members' organization and except that
this provision | ||||||
16 | shall not impair the operation of any affirmative action
| ||||||
17 | program in the district, regardless of whether it exists by | ||||||
18 | operation of
law or is conducted on a voluntary basis by the | ||||||
19 | board. Any teacher
dismissed as a result of such decrease or | ||||||
20 | discontinuance shall be paid
all earned compensation on or | ||||||
21 | before the third business day following
the last day of pupil | ||||||
22 | attendance in the regular school term. | ||||||
23 | If the
board has any vacancies for the following school | ||||||
24 | term or within one
calendar year from the beginning of the | ||||||
25 | following school term, the
positions thereby becoming | ||||||
26 | available shall be tendered to the teachers
so removed or |
| |||||||
| |||||||
1 | dismissed so far as they are legally qualified to hold
such | ||||||
2 | positions; provided, however, that if the number of honorable
| ||||||
3 | dismissal notices based on economic necessity exceeds 15% of | ||||||
4 | the number of full-time
full time equivalent positions filled | ||||||
5 | by certified employees (excluding
principals and | ||||||
6 | administrative personnel) during the preceding school year,
| ||||||
7 | then if the board has any vacancies for the following school | ||||||
8 | term or within
2 calendar years from the beginning of the | ||||||
9 | following
school term, the positions so becoming available | ||||||
10 | shall be tendered to the
teachers who were so notified and | ||||||
11 | removed or dismissed whenever they are
legally qualified to | ||||||
12 | hold such positions. Each board shall, in consultation
with any | ||||||
13 | exclusive employee representatives, each year establish a | ||||||
14 | list,
categorized by positions, showing the length of | ||||||
15 | continuing service of each
teacher who is qualified to hold any | ||||||
16 | such positions, unless an alternative
method of determining a | ||||||
17 | sequence of dismissal is established as provided
for in this | ||||||
18 | Section, in which case a list shall be made in accordance with
| ||||||
19 | the alternative method. Copies of the list shall be distributed | ||||||
20 | to the
exclusive employee representative on or before February | ||||||
21 | 1 of each year.
Whenever the number of honorable dismissal | ||||||
22 | notices based upon economic
necessity exceeds 5, or 150% of the | ||||||
23 | average number of teachers honorably
dismissed in the preceding | ||||||
24 | 3 years, whichever is more, then the board also
shall hold a | ||||||
25 | public hearing on the question of the dismissals. Following
the | ||||||
26 | hearing and board review , the action to approve any such |
| |||||||
| |||||||
1 | reduction shall
require a majority vote of the board members.
| ||||||
2 | (b) This subsection (b) applies only to honorable | ||||||
3 | dismissals and recalls in which the notice of dismissal is | ||||||
4 | provided during the 2011-2012 school term or a subsequent | ||||||
5 | school term. If any teacher, whether or not in contractual | ||||||
6 | continued service, is removed or dismissed as a result of a | ||||||
7 | decision of a school board to decrease the number of teachers | ||||||
8 | employed by the board, a decision of a school board to | ||||||
9 | discontinue some particular type of teaching service, or a | ||||||
10 | reduction in the number of programs or positions in a special | ||||||
11 | education joint agreement, then written notice must be mailed | ||||||
12 | to the teacher and also given to the teacher either by | ||||||
13 | certified mail, return receipt requested, or personal delivery | ||||||
14 | with receipt at least 45 days before the end of the school | ||||||
15 | term, together with a statement of honorable dismissal and the | ||||||
16 | reason therefor, and in all such cases the sequence of | ||||||
17 | dismissal shall occur in accordance with this subsection (b); | ||||||
18 | except that this subsection (b) shall not impair the operation | ||||||
19 | of any affirmative action program in the school district, | ||||||
20 | regardless of whether it exists by operation of law or is | ||||||
21 | conducted on a voluntary basis by the board. | ||||||
22 | Each teacher must be categorized into one or more positions | ||||||
23 | for which the teacher is qualified to hold, based upon legal | ||||||
24 | qualifications and any other qualifications established in a | ||||||
25 | district or joint agreement job description, on or before the | ||||||
26 | May 10 prior to the school year during which the sequence of |
| |||||||
| |||||||
1 | dismissal is determined. Within each position and subject to | ||||||
2 | agreements made by the joint committee on honorable dismissals | ||||||
3 | that are authorized by subsection (c) of this Section, the | ||||||
4 | school district or joint agreement must establish 4 groupings | ||||||
5 | of teachers qualified to hold the position as follows: | ||||||
6 | (1) Grouping one shall consist of each teacher who is | ||||||
7 | not in contractual continued service and who (i) has not | ||||||
8 | received a performance evaluation rating, (ii) is employed | ||||||
9 | for one school term or less to replace a teacher on leave, | ||||||
10 | or (iii) is employed on a part-time basis. "Part-time | ||||||
11 | basis" for the purposes of this subsection (b) means a | ||||||
12 | teacher who is employed to teach less than a full-day, | ||||||
13 | teacher workload or less than 5 days of the normal student | ||||||
14 | attendance week, unless otherwise provided for in a | ||||||
15 | collective bargaining agreement between the district and | ||||||
16 | the exclusive representative of the district's teachers. | ||||||
17 | For the purposes of this Section, a teacher (A) who is | ||||||
18 | employed as a full-time teacher but who actually teaches or | ||||||
19 | is otherwise present and participating in the district's | ||||||
20 | educational program for less than a school term or (B) who, | ||||||
21 | in the immediately previous school term, was employed on a | ||||||
22 | full-time basis and actually taught or was otherwise | ||||||
23 | present and participated in the district's educational | ||||||
24 | program for 120 days or more is not considered employed on | ||||||
25 | a part-time basis. | ||||||
26 | (2) Grouping 2 shall consist of each teacher with a |
| |||||||
| |||||||
1 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
2 | rating on either of the teacher's last 2 performance | ||||||
3 | evaluation ratings. | ||||||
4 | (3) Grouping 3 shall consist of each teacher with a | ||||||
5 | performance evaluation rating of at least Satisfactory or | ||||||
6 | Proficient on both of the teacher's last 2 performance | ||||||
7 | evaluation ratings, if 2 ratings are available, or on the | ||||||
8 | teacher's last performance evaluation rating, if only one | ||||||
9 | rating is available, unless the teacher qualifies for | ||||||
10 | placement into grouping 4. | ||||||
11 | (4) Grouping 4 shall consist of each teacher whose last | ||||||
12 | 2 performance evaluation ratings are Excellent and each | ||||||
13 | teacher with 2 Excellent performance evaluation ratings | ||||||
14 | out of the teacher's last 3 performance evaluation ratings | ||||||
15 | with a third rating of Satisfactory or Proficient. | ||||||
16 | Among teachers qualified to hold a position, teachers must | ||||||
17 | be dismissed in the order of their groupings, with teachers in | ||||||
18 | grouping one dismissed first and teachers in grouping 4 | ||||||
19 | dismissed last. | ||||||
20 | Within grouping one, the sequence of dismissal must be at | ||||||
21 | the discretion of the school district or joint agreement. | ||||||
22 | Within grouping 2, the sequence of dismissal must be based upon | ||||||
23 | average performance evaluation ratings, with the teacher or | ||||||
24 | teachers with the lowest average performance evaluation rating | ||||||
25 | dismissed first. A teacher's average performance evaluation | ||||||
26 | rating must be calculated using the average of the teacher's |
| |||||||
| |||||||
1 | last 2 performance evaluation ratings, if 2 ratings are | ||||||
2 | available, or the teacher's last performance evaluation | ||||||
3 | rating, if only one rating is available, using the following | ||||||
4 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
5 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
6 | Unsatisfactory. As between or among teachers in grouping 2 with | ||||||
7 | the same average performance evaluation rating and within each | ||||||
8 | of groupings 3 and 4, the teacher or teachers with the shorter | ||||||
9 | length of continuing service with the school district or joint | ||||||
10 | agreement must be dismissed first unless an alternative method | ||||||
11 | of determining the sequence of dismissal is established in a | ||||||
12 | collective bargaining agreement or contract between the board | ||||||
13 | and a professional faculty members' organization. | ||||||
14 | Each board, including the governing board of a joint | ||||||
15 | agreement, shall, in consultation with any exclusive employee | ||||||
16 | representatives, each year establish a sequence of honorable | ||||||
17 | dismissal list categorized by positions and the groupings | ||||||
18 | defined in this subsection (b). Copies of the list showing each | ||||||
19 | teacher by name and categorized by positions and the groupings | ||||||
20 | defined in this subsection (b) must be distributed to the | ||||||
21 | exclusive bargaining representative at least 75 days before the | ||||||
22 | end of the school term, provided that the school district or | ||||||
23 | joint agreement may, with notice to any exclusive employee | ||||||
24 | representatives, move teachers from grouping one into another | ||||||
25 | grouping during the period of time from 75 days until 45 days | ||||||
26 | before the end of the school term. Each year, each board shall |
| |||||||
| |||||||
1 | also establish, in consultation with any exclusive employee | ||||||
2 | representatives, a list showing the length of continuing | ||||||
3 | service of each teacher who is qualified to hold any such | ||||||
4 | positions, unless an alternative method of determining a | ||||||
5 | sequence of dismissal is established as provided for in this | ||||||
6 | Section, in which case a list must be made in accordance with | ||||||
7 | the alternative method. Copies of the list must be distributed | ||||||
8 | to the exclusive employee representative at least 75 days | ||||||
9 | before the end of the school term. | ||||||
10 | Any teacher dismissed as a result of such decrease or | ||||||
11 | discontinuance must be paid all earned compensation on or | ||||||
12 | before the third business day following the last day of pupil | ||||||
13 | attendance in the regular school term. | ||||||
14 | If the board or joint agreement has any vacancies for the | ||||||
15 | following school term or within one calendar year from the | ||||||
16 | beginning of the following school term, the positions thereby | ||||||
17 | becoming available must be tendered to the teachers so removed | ||||||
18 | or dismissed who were in groupings 3 or 4 of the sequence of | ||||||
19 | dismissal and are qualified to hold the positions, based upon | ||||||
20 | legal qualifications and any other qualifications established | ||||||
21 | in a district or joint agreement job description, on or before | ||||||
22 | the May 10 prior to the date of the positions becoming | ||||||
23 | available, provided that if the number of honorable dismissal | ||||||
24 | notices based on economic necessity exceeds 15% of the number | ||||||
25 | of full-time equivalent positions filled by certified | ||||||
26 | employees (excluding principals and administrative personnel) |
| |||||||
| |||||||
1 | during the preceding school year, then the recall period is for | ||||||
2 | the following school term or within 2 calendar years from the | ||||||
3 | beginning of the following school term. If the board or joint | ||||||
4 | agreement has any vacancies within the period from the | ||||||
5 | beginning of the following school term through February 1 of | ||||||
6 | the following school term (unless a date later than February 1, | ||||||
7 | but no later than 6 months from the beginning of the following | ||||||
8 | school term, is established in a collective bargaining | ||||||
9 | agreement), the positions thereby becoming available must be | ||||||
10 | tendered to the teachers so removed or dismissed who were in | ||||||
11 | grouping 2 of the sequence of dismissal due to one "needs | ||||||
12 | improvement" rating on either of the teacher's last 2 | ||||||
13 | performance evaluation ratings, provided that, if 2 ratings are | ||||||
14 | available, the other performance evaluation rating used for | ||||||
15 | grouping purposes is "satisfactory", "proficient", or | ||||||
16 | "excellent", and are qualified to hold the positions, based | ||||||
17 | upon legal qualifications and any other qualifications | ||||||
18 | established in a district or joint agreement job description, | ||||||
19 | on or before the May 10 prior to the date of the positions | ||||||
20 | becoming available. On and after July 1, 2014 ( the effective | ||||||
21 | date of Public Act 98-648) this amendatory Act of the 98th | ||||||
22 | General Assembly , the preceding sentence shall apply to | ||||||
23 | teachers removed or dismissed by honorable dismissal, even if | ||||||
24 | notice of honorable dismissal occurred during the 2013-2014 | ||||||
25 | school year. Among teachers eligible for recall pursuant to the | ||||||
26 | preceding sentence, the order of recall must be in inverse |
| |||||||
| |||||||
1 | order of dismissal, unless an alternative order of recall is | ||||||
2 | established in a collective bargaining agreement or contract | ||||||
3 | between the board and a professional faculty members' | ||||||
4 | organization. Whenever the number of honorable dismissal | ||||||
5 | notices based upon economic necessity exceeds 5 notices or 150% | ||||||
6 | of the average number of teachers honorably dismissed in the | ||||||
7 | preceding 3 years, whichever is more, then the school board or | ||||||
8 | governing board of a joint agreement, as applicable, shall also | ||||||
9 | hold a public hearing on the question of the dismissals. | ||||||
10 | Following the hearing and board review, the action to approve | ||||||
11 | any such reduction shall require a majority vote of the board | ||||||
12 | members. | ||||||
13 | For purposes of this subsection (b), subject to agreement | ||||||
14 | on an alternative definition reached by the joint committee | ||||||
15 | described in subsection (c) of this Section, a teacher's | ||||||
16 | performance evaluation rating means the overall performance | ||||||
17 | evaluation rating resulting from an annual or biennial | ||||||
18 | performance evaluation conducted pursuant to Article 24A of | ||||||
19 | this Code by the school district or joint agreement determining | ||||||
20 | the sequence of dismissal, not including any performance | ||||||
21 | evaluation conducted during or at the end of a remediation | ||||||
22 | period. No more than one evaluation rating each school term | ||||||
23 | shall be one of the evaluation ratings used for the purpose of | ||||||
24 | determining the sequence of dismissal. Except as otherwise | ||||||
25 | provided in this subsection for any performance evaluations | ||||||
26 | conducted during or at the end of a remediation period, if |
| |||||||
| |||||||
1 | multiple performance evaluations are conducted in a school | ||||||
2 | term, only the rating from the last evaluation conducted prior | ||||||
3 | to establishing the sequence of honorable dismissal list in | ||||||
4 | such school term shall be the one evaluation rating from that | ||||||
5 | school term used for the purpose of determining the sequence of | ||||||
6 | dismissal. Averaging ratings from multiple evaluations is not | ||||||
7 | permitted unless otherwise agreed to in a collective bargaining | ||||||
8 | agreement or contract between the board and a professional | ||||||
9 | faculty members' organization. The preceding 3 sentences are | ||||||
10 | not a legislative declaration that existing law does or does | ||||||
11 | not already require that only one performance evaluation each | ||||||
12 | school term shall be used for the purpose of determining the | ||||||
13 | sequence of dismissal. For performance evaluation ratings | ||||||
14 | determined prior to September 1, 2012, any school district or | ||||||
15 | joint agreement with a performance evaluation rating system | ||||||
16 | that does not use either of the rating category systems | ||||||
17 | specified in subsection (d) of Section 24A-5 of this Code for | ||||||
18 | all teachers must establish a basis for assigning each teacher | ||||||
19 | a rating that complies with subsection (d) of Section 24A-5 of | ||||||
20 | this Code for all of the performance evaluation ratings that | ||||||
21 | are to be used to determine the sequence of dismissal. A | ||||||
22 | teacher's grouping and ranking on a sequence of honorable | ||||||
23 | dismissal shall be deemed a part of the teacher's performance | ||||||
24 | evaluation, and that information shall be disclosed to the | ||||||
25 | exclusive bargaining representative as part of a sequence of | ||||||
26 | honorable dismissal list, notwithstanding any laws prohibiting |
| |||||||
| |||||||
1 | disclosure of such information. A performance evaluation | ||||||
2 | rating may be used to determine the sequence of dismissal, | ||||||
3 | notwithstanding the pendency of any grievance resolution or | ||||||
4 | arbitration procedures relating to the performance evaluation. | ||||||
5 | If a teacher has received at least one performance evaluation | ||||||
6 | rating conducted by the school district or joint agreement | ||||||
7 | determining the sequence of dismissal and a subsequent | ||||||
8 | performance evaluation is not conducted in any school year in | ||||||
9 | which such evaluation is required to be conducted under Section | ||||||
10 | 24A-5 of this Code, the teacher's performance evaluation rating | ||||||
11 | for that school year for purposes of determining the sequence | ||||||
12 | of dismissal is deemed Proficient. If a performance evaluation | ||||||
13 | rating is nullified as the result of an arbitration, | ||||||
14 | administrative agency, or court determination, then the school | ||||||
15 | district or joint agreement is deemed to have conducted a | ||||||
16 | performance evaluation for that school year, but the | ||||||
17 | performance evaluation rating may not be used in determining | ||||||
18 | the sequence of dismissal. | ||||||
19 | Nothing in this subsection (b) shall be construed as | ||||||
20 | limiting the right of a school board or governing board of a | ||||||
21 | joint agreement to dismiss a teacher not in contractual | ||||||
22 | continued service in accordance with Section 24-11 of this | ||||||
23 | Code. | ||||||
24 | Any provisions regarding the sequence of honorable | ||||||
25 | dismissals and recall of honorably dismissed teachers in a | ||||||
26 | collective bargaining agreement entered into on or before |
| |||||||
| |||||||
1 | January 1, 2011 and in effect on June 13, 2011 ( the effective | ||||||
2 | date of Public Act 97-8) this amendatory Act of the 97th | ||||||
3 | General Assembly that may conflict with Public Act 97-8 this | ||||||
4 | amendatory Act of the 97th General Assembly shall remain in | ||||||
5 | effect through the expiration of such agreement or June 30, | ||||||
6 | 2013, whichever is earlier. | ||||||
7 | (c) Each school district and special education joint | ||||||
8 | agreement must use a joint committee composed of equal | ||||||
9 | representation selected by the school board and its teachers | ||||||
10 | or, if applicable, the exclusive bargaining representative of | ||||||
11 | its teachers, to address the matters described in paragraphs | ||||||
12 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
13 | dismissals under subsection (b) of this Section. | ||||||
14 | (1) The joint committee must consider and may agree to | ||||||
15 | criteria for excluding from grouping 2 and placing into | ||||||
16 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
17 | include a Needs Improvement and either a Proficient or | ||||||
18 | Excellent. | ||||||
19 | (2) The joint committee must consider and may agree to | ||||||
20 | an alternative definition for grouping 4, which definition | ||||||
21 | must take into account prior performance evaluation | ||||||
22 | ratings and may take into account other factors that relate | ||||||
23 | to the school district's or program's educational | ||||||
24 | objectives. An alternative definition for grouping 4 may | ||||||
25 | not permit the inclusion of a teacher in the grouping with | ||||||
26 | a Needs Improvement or Unsatisfactory performance |
| |||||||
| |||||||
1 | evaluation rating on either of the teacher's last 2 | ||||||
2 | performance evaluation ratings. | ||||||
3 | (3) The joint committee may agree to including within | ||||||
4 | the definition of a performance evaluation rating a | ||||||
5 | performance evaluation rating administered by a school | ||||||
6 | district or joint agreement other than the school district | ||||||
7 | or joint agreement determining the sequence of dismissal. | ||||||
8 | (4) For each school district or joint agreement that | ||||||
9 | administers performance evaluation ratings that are | ||||||
10 | inconsistent with either of the rating category systems | ||||||
11 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
12 | the school district or joint agreement must consult with | ||||||
13 | the joint committee on the basis for assigning a rating | ||||||
14 | that complies with subsection (d) of Section 24A-5 of this | ||||||
15 | Code to each performance evaluation rating that will be | ||||||
16 | used in a sequence of dismissal. | ||||||
17 | (5) Upon request by a joint committee member submitted | ||||||
18 | to the employing board by no later than 10 days after the | ||||||
19 | distribution of the sequence of honorable dismissal list, a | ||||||
20 | representative of the employing board shall, within 5 days | ||||||
21 | after the request, provide to members of the joint | ||||||
22 | committee a list showing the most recent and prior | ||||||
23 | performance evaluation ratings of each teacher identified | ||||||
24 | only by length of continuing service in the district or | ||||||
25 | joint agreement and not by name. If, after review of this | ||||||
26 | list, a member of the joint committee has a good faith |
| |||||||
| |||||||
1 | belief that a disproportionate number of teachers with | ||||||
2 | greater length of continuing service with the district or | ||||||
3 | joint agreement have received a recent performance | ||||||
4 | evaluation rating lower than the prior rating, the member | ||||||
5 | may request that the joint committee review the list to | ||||||
6 | assess whether such a trend may exist. Following the joint | ||||||
7 | committee's review, but by no later than the end of the | ||||||
8 | applicable school term, the joint committee or any member | ||||||
9 | or members of the joint committee may submit a report of | ||||||
10 | the review to the employing board and exclusive bargaining | ||||||
11 | representative, if any. Nothing in this paragraph (5) shall | ||||||
12 | impact the order of honorable dismissal or a school | ||||||
13 | district's or joint agreement's authority to carry out a | ||||||
14 | dismissal in accordance with subsection (b) of this | ||||||
15 | Section. | ||||||
16 | Agreement by the joint committee as to a matter requires | ||||||
17 | the majority vote of all committee members, and if the joint | ||||||
18 | committee does not reach agreement on a matter, then the | ||||||
19 | otherwise applicable requirements of subsection (b) of this | ||||||
20 | Section shall apply. Except as explicitly set forth in this | ||||||
21 | subsection (c), a joint committee has no authority to agree to | ||||||
22 | any further modifications to the requirements for honorable | ||||||
23 | dismissals set forth in subsection (b) of this Section.
The | ||||||
24 | joint committee must be established, and the first meeting of | ||||||
25 | the joint committee each school year must occur on or before | ||||||
26 | December 1. |
| |||||||
| |||||||
1 | The joint committee must reach agreement on a matter on or | ||||||
2 | before February 1 of a school year in order for the agreement | ||||||
3 | of the joint committee to apply to the sequence of dismissal | ||||||
4 | determined during that school year. Subject to the February 1 | ||||||
5 | deadline for agreements, the agreement of a joint committee on | ||||||
6 | a matter shall apply to the sequence of dismissal until the | ||||||
7 | agreement is amended or terminated by the joint committee. | ||||||
8 | The provisions of the Open Meetings Act shall not apply to | ||||||
9 | meetings of a joint committee created under this subsection | ||||||
10 | (c). | ||||||
11 | (d) Notwithstanding anything to the contrary in this | ||||||
12 | subsection (d), the requirements and dismissal procedures of | ||||||
13 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
14 | sought under Section 24-16.5 of this Code. | ||||||
15 | (1) If a dismissal of a teacher in contractual | ||||||
16 | continued service is sought for any reason or cause other | ||||||
17 | than an honorable dismissal under subsections (a) or (b) of | ||||||
18 | this Section or a dismissal sought under Section 24-16.5 of | ||||||
19 | this Code,
including those under Section 10-22.4, the board | ||||||
20 | must first approve a
motion containing specific charges by | ||||||
21 | a majority vote of all its
members. Written notice of such | ||||||
22 | charges, including a bill of particulars and the teacher's | ||||||
23 | right to request a hearing, must be mailed to the teacher | ||||||
24 | and also given to the teacher either by certified mail, | ||||||
25 | return receipt requested, or personal delivery with | ||||||
26 | receipt
within 5 days of the adoption of the motion. Any |
| |||||||
| |||||||
1 | written notice sent on or after July 1, 2012 shall inform | ||||||
2 | the teacher of the right to request a hearing before a | ||||||
3 | mutually selected hearing officer, with the cost of the | ||||||
4 | hearing officer split equally between the teacher and the | ||||||
5 | board, or a hearing before a board-selected hearing | ||||||
6 | officer, with the cost of the hearing officer paid by the | ||||||
7 | board. | ||||||
8 | Before setting a hearing on charges stemming from | ||||||
9 | causes that are considered remediable, a board must give | ||||||
10 | the teacher reasonable warning in writing, stating | ||||||
11 | specifically the causes that, if not removed, may result in | ||||||
12 | charges; however, no such written warning is required if | ||||||
13 | the causes have been the subject of a remediation plan | ||||||
14 | pursuant to Article 24A of this Code. | ||||||
15 | If, in the opinion of the board, the interests of the | ||||||
16 | school require it, the board may suspend the teacher | ||||||
17 | without pay, pending the hearing, but if the board's | ||||||
18 | dismissal or removal is not sustained, the teacher shall | ||||||
19 | not suffer the loss of any salary or benefits by reason of | ||||||
20 | the suspension. | ||||||
21 | (2) No hearing upon the charges is required unless the
| ||||||
22 | teacher within 17 days after receiving notice requests in | ||||||
23 | writing of the
board that a hearing be scheduled before a | ||||||
24 | mutually selected hearing officer or a hearing officer | ||||||
25 | selected by the board.
The secretary of the school board | ||||||
26 | shall forward a copy of the notice to the
State Board of |
| |||||||
| |||||||
1 | Education. | ||||||
2 | (3) Within 5 business days after receiving a notice of
| ||||||
3 | hearing in which either notice to the teacher was sent | ||||||
4 | before July 1, 2012 or, if the notice was sent on or after | ||||||
5 | July 1, 2012, the teacher has requested a hearing before a | ||||||
6 | mutually selected hearing officer, the State Board of | ||||||
7 | Education shall provide a list of 5
prospective, impartial | ||||||
8 | hearing officers from the master list of qualified, | ||||||
9 | impartial hearing officers maintained by the State Board of | ||||||
10 | Education. Each person on the master list must (i) be
| ||||||
11 | accredited by a national arbitration organization and have | ||||||
12 | had a minimum of 5
years of experience directly related to | ||||||
13 | labor and employment
relations matters between employers | ||||||
14 | and employees or
their exclusive bargaining | ||||||
15 | representatives and (ii) beginning September 1, 2012, have | ||||||
16 | participated in training provided or approved by the State | ||||||
17 | Board of Education for teacher dismissal hearing officers | ||||||
18 | so that he or she is familiar with issues generally | ||||||
19 | involved in evaluative and non-evaluative dismissals. | ||||||
20 | If notice to the teacher was sent before July 1, 2012 | ||||||
21 | or, if the notice was sent on or after July 1, 2012, the | ||||||
22 | teacher has requested a hearing before a mutually selected | ||||||
23 | hearing officer, the board and the teacher or their
legal | ||||||
24 | representatives within 3 business days shall alternately | ||||||
25 | strike one name from
the list provided by the State Board | ||||||
26 | of Education until only one name remains. Unless waived by |
| |||||||
| |||||||
1 | the teacher, the
teacher shall have the right to
proceed | ||||||
2 | first with the striking.
Within 3 business days of receipt | ||||||
3 | of the list provided by the State Board of
Education, the | ||||||
4 | board and the teacher or their legal representatives shall | ||||||
5 | each
have the right to reject all prospective hearing | ||||||
6 | officers named on the
list and notify the State Board of | ||||||
7 | Education of such rejection. Within 3 business days after | ||||||
8 | receiving this notification, the State
Board of Education | ||||||
9 | shall appoint a qualified person from the master list who | ||||||
10 | did not appear on the list sent to the parties to serve as | ||||||
11 | the hearing officer, unless the parties notify it that they | ||||||
12 | have chosen to alternatively select a hearing officer under | ||||||
13 | paragraph (4) of this subsection (d). | ||||||
14 | If the teacher has requested a hearing before a hearing | ||||||
15 | officer selected by the board, the board shall select one | ||||||
16 | name from the master list of qualified impartial hearing | ||||||
17 | officers maintained by the State Board of Education within | ||||||
18 | 3 business days after receipt and shall notify the State | ||||||
19 | Board of Education of its selection. | ||||||
20 | A hearing officer mutually selected by the parties, | ||||||
21 | selected by the board, or selected through an alternative | ||||||
22 | selection process under paragraph (4) of this subsection | ||||||
23 | (d) (A) must not be a resident of the school district, (B) | ||||||
24 | must be available to commence the hearing within 75 days | ||||||
25 | and conclude the hearing within 120 days after being | ||||||
26 | selected as the hearing officer, and (C) must issue a |
| |||||||
| |||||||
1 | decision as to whether the teacher must be dismissed and | ||||||
2 | give a copy of that decision to both the teacher and the | ||||||
3 | board within 30 days from the conclusion of the hearing or | ||||||
4 | closure of the record, whichever is later. | ||||||
5 | (4) In the alternative
to selecting a hearing officer | ||||||
6 | from the list received from the
State Board of Education or | ||||||
7 | accepting the appointment of a hearing officer by the State | ||||||
8 | Board of Education or if the State Board of Education | ||||||
9 | cannot provide a list or appoint a hearing officer that | ||||||
10 | meets the foregoing requirements, the board and the teacher | ||||||
11 | or their legal
representatives may mutually agree to select | ||||||
12 | an impartial hearing officer who
is not on the master list | ||||||
13 | either by direct
appointment by the parties or by using | ||||||
14 | procedures for the appointment of an
arbitrator | ||||||
15 | established by the Federal Mediation and Conciliation | ||||||
16 | Service or the
American Arbitration Association. The | ||||||
17 | parties shall notify the State Board of
Education of their | ||||||
18 | intent to select a hearing officer using an alternative
| ||||||
19 | procedure within 3 business days of receipt of a list of | ||||||
20 | prospective hearing officers
provided by the State Board of | ||||||
21 | Education, notice of appointment of a hearing officer by | ||||||
22 | the State Board of Education, or receipt of notice from the | ||||||
23 | State Board of Education that it cannot provide a list that | ||||||
24 | meets the foregoing requirements, whichever is later. | ||||||
25 | (5) If the notice of dismissal was sent to the teacher | ||||||
26 | before July 1, 2012, the fees and costs for the hearing |
| |||||||
| |||||||
1 | officer must be paid by the State Board of Education. If | ||||||
2 | the notice of dismissal was sent to the teacher on or after | ||||||
3 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
4 | paid as follows in this paragraph (5). The fees and | ||||||
5 | permissible costs for the hearing officer must be | ||||||
6 | determined by the State Board of Education. If the board | ||||||
7 | and the teacher or their legal representatives mutually | ||||||
8 | agree to select an impartial hearing officer who is not on | ||||||
9 | a list received from the State Board of Education, they may | ||||||
10 | agree to supplement the fees determined by the State Board | ||||||
11 | to the hearing officer, at a rate consistent with the | ||||||
12 | hearing officer's published professional fees. If the | ||||||
13 | hearing officer is mutually selected by the parties, then | ||||||
14 | the board and the teacher or their legal representatives | ||||||
15 | shall each pay 50% of the fees and costs and any | ||||||
16 | supplemental allowance to which they agree. If the hearing | ||||||
17 | officer is selected by the board, then the board shall pay | ||||||
18 | 100% of the hearing officer's fees and costs. The fees and | ||||||
19 | costs must be paid to the hearing officer within 14 days | ||||||
20 | after the board and the teacher or their legal | ||||||
21 | representatives receive the hearing officer's decision set | ||||||
22 | forth in paragraph (7) of this subsection (d). | ||||||
23 | (6) The teacher is required to answer the bill of | ||||||
24 | particulars and aver affirmative matters in his or her | ||||||
25 | defense, and the time for initially doing so and the time | ||||||
26 | for updating such answer and defenses after pre-hearing |
| |||||||
| |||||||
1 | discovery must be set by the hearing officer.
The State | ||||||
2 | Board of Education shall
promulgate rules so that each | ||||||
3 | party has a fair opportunity to present its case and to | ||||||
4 | ensure that the dismissal process proceeds in a fair and | ||||||
5 | expeditious manner. These rules shall address, without | ||||||
6 | limitation, discovery and hearing scheduling conferences; | ||||||
7 | the teacher's initial answer and affirmative defenses to | ||||||
8 | the bill of particulars and the updating of that | ||||||
9 | information after pre-hearing discovery; provision for | ||||||
10 | written interrogatories and requests for production of | ||||||
11 | documents; the requirement that each party initially | ||||||
12 | disclose to the other party and then update the disclosure | ||||||
13 | no later than 10 calendar days prior to the commencement of | ||||||
14 | the hearing, the names and addresses of persons who may be | ||||||
15 | called as
witnesses at the hearing, a summary of the facts | ||||||
16 | or opinions each witness will testify to, and all other
| ||||||
17 | documents and materials, including information maintained | ||||||
18 | electronically, relevant to its own as well as the other | ||||||
19 | party's case (the hearing officer may exclude witnesses and | ||||||
20 | exhibits not identified and shared, except those offered in | ||||||
21 | rebuttal for which the party could not reasonably have | ||||||
22 | anticipated prior to the hearing); pre-hearing discovery | ||||||
23 | and preparation, including provision for written | ||||||
24 | interrogatories and requests for production of documents, | ||||||
25 | provided that discovery depositions are prohibited; the | ||||||
26 | conduct of the hearing; the right of each party to be |
| |||||||
| |||||||
1 | represented by counsel, the offer of evidence and witnesses | ||||||
2 | and the cross-examination of witnesses; the authority of | ||||||
3 | the hearing officer to issue subpoenas and subpoenas duces | ||||||
4 | tecum, provided that the hearing officer may limit the | ||||||
5 | number of witnesses to be subpoenaed on behalf of each | ||||||
6 | party to no more than 7; the length of post-hearing briefs; | ||||||
7 | and the form, length, and content of hearing officers' | ||||||
8 | decisions. The hearing officer
shall hold a hearing and | ||||||
9 | render a final decision for dismissal pursuant to Article | ||||||
10 | 24A of this Code or shall report to the school board | ||||||
11 | findings of fact and a recommendation as to whether or not | ||||||
12 | the teacher must be dismissed for conduct. The hearing | ||||||
13 | officer shall commence the hearing within 75 days and | ||||||
14 | conclude the hearing within 120 days after being selected | ||||||
15 | as the hearing officer, provided that the hearing officer | ||||||
16 | may modify these timelines upon the showing of good cause | ||||||
17 | or mutual agreement of the parties. Good cause for the | ||||||
18 | purpose of this subsection (d) shall mean the illness or | ||||||
19 | otherwise unavoidable emergency of the teacher, district | ||||||
20 | representative, their legal representatives, the hearing | ||||||
21 | officer, or an essential witness as indicated in each | ||||||
22 | party's pre-hearing submission. In a dismissal hearing | ||||||
23 | pursuant to Article 24A of this Code in which a witness is | ||||||
24 | a student or is under the age of 18, the hearing officer | ||||||
25 | must make accommodations for the witness, as provided under | ||||||
26 | paragraph (6.5) of this subsection. The , the hearing |
| |||||||
| |||||||
1 | officer shall consider and give weight to all of the | ||||||
2 | teacher's evaluations written pursuant to Article 24A that | ||||||
3 | are relevant to the issues in the hearing. | ||||||
4 | Each party shall have no more than 3 days to present | ||||||
5 | its case, unless extended by the hearing officer to enable | ||||||
6 | a party to present adequate evidence and testimony, | ||||||
7 | including due to the other party's cross-examination of the | ||||||
8 | party's witnesses, for good cause or by mutual agreement of | ||||||
9 | the parties. The State Board of Education shall define in | ||||||
10 | rules the meaning of "day" for such purposes. All testimony | ||||||
11 | at the hearing shall be taken under oath
administered by | ||||||
12 | the hearing officer. The hearing officer shall cause a
| ||||||
13 | record of the proceedings to be kept and shall employ a | ||||||
14 | competent reporter
to take stenographic or stenotype notes | ||||||
15 | of all the testimony. The costs of
the reporter's | ||||||
16 | attendance and services at the hearing shall be paid by the | ||||||
17 | party or parties who are responsible for paying the fees | ||||||
18 | and costs of the hearing officer. Either party desiring a | ||||||
19 | transcript of the hearing
shall pay for the cost thereof. | ||||||
20 | Any post-hearing briefs must be submitted by the parties by | ||||||
21 | no later than 21 days after a party's receipt of the | ||||||
22 | transcript of the hearing, unless extended by the hearing | ||||||
23 | officer for good cause or by mutual agreement of the | ||||||
24 | parties. | ||||||
25 | (6.5) In the case of charges involving sexual abuse or | ||||||
26 | severe physical abuse of a student or a person under the |
| |||||||
| |||||||
1 | age of 18, the hearing officer shall make alternative | ||||||
2 | hearing procedures to protect a witness who is a student or | ||||||
3 | who is under the age of 18 from being intimidated or | ||||||
4 | traumatized. Alternative hearing procedures may include, | ||||||
5 | but are not limited to: (i) testimony made via a | ||||||
6 | telecommunication device in a location other than the | ||||||
7 | hearing room and outside the physical presence of the | ||||||
8 | teacher and other hearing participants, (ii) testimony | ||||||
9 | outside the physical presence of the teacher, or (iii) | ||||||
10 | non-public testimony. During a testimony described under | ||||||
11 | this subsection, each party must be permitted to ask a | ||||||
12 | witness who is a student or who is under 18 years of age | ||||||
13 | all relevant questions and follow-up questions. All | ||||||
14 | questions must exclude evidence of the witness' sexual | ||||||
15 | behavior or predisposition, unless the evidence is offered | ||||||
16 | to prove that someone other than the teacher subject to the | ||||||
17 | dismissal hearing engaged in the charge at issue. | ||||||
18 | (7) The hearing officer shall, within 30 days from the | ||||||
19 | conclusion of the
hearing or closure of the record, | ||||||
20 | whichever is later,
make a decision as to whether or not | ||||||
21 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
22 | this Code or report to the school board findings of fact | ||||||
23 | and a recommendation as to whether or not the teacher shall | ||||||
24 | be dismissed for cause and
shall give a copy of the | ||||||
25 | decision or findings of fact and recommendation to both the | ||||||
26 | teacher and the school
board.
If a hearing officer fails
|
| |||||||
| |||||||
1 | without good cause, specifically provided in writing to | ||||||
2 | both parties and the State Board of Education, to render a | ||||||
3 | decision or findings of fact and recommendation within 30 | ||||||
4 | days after the hearing is
concluded or the
record is | ||||||
5 | closed, whichever is later,
the
parties may mutually agree | ||||||
6 | to select a hearing officer pursuant to the
alternative
| ||||||
7 | procedure, as provided in this Section,
to rehear the | ||||||
8 | charges heard by the hearing officer who failed to render a
| ||||||
9 | decision or findings of fact and recommendation or to | ||||||
10 | review the record and render a decision.
If any hearing
| ||||||
11 | officer fails without good cause, specifically provided in | ||||||
12 | writing to both parties and the State Board of Education, | ||||||
13 | to render a decision or findings of fact and recommendation | ||||||
14 | within 30 days after the
hearing is concluded or the record | ||||||
15 | is closed, whichever is later, the hearing
officer shall be | ||||||
16 | removed
from the master
list of hearing officers maintained | ||||||
17 | by the State Board of Education for not more than 24 | ||||||
18 | months. The parties and the State Board of Education may | ||||||
19 | also take such other actions as it deems appropriate, | ||||||
20 | including recovering, reducing, or withholding any fees | ||||||
21 | paid or to be paid to the hearing officer. If any hearing | ||||||
22 | officer repeats such failure, he or she must be permanently | ||||||
23 | removed from the master list maintained by the State Board | ||||||
24 | of Education and may not be selected by parties through the | ||||||
25 | alternative selection process under this paragraph (7) or | ||||||
26 | paragraph (4) of this subsection (d).
The board shall not |
| |||||||
| |||||||
1 | lose jurisdiction to discharge a teacher if the hearing
| ||||||
2 | officer fails to render a decision or findings of fact and | ||||||
3 | recommendation within the time specified in this
Section. | ||||||
4 | If the decision of the hearing officer for dismissal | ||||||
5 | pursuant to Article 24A of this Code or of the school board | ||||||
6 | for dismissal for cause is in favor of the teacher, then | ||||||
7 | the hearing officer or school board shall order | ||||||
8 | reinstatement to the same or substantially equivalent | ||||||
9 | position and shall determine the amount for which the | ||||||
10 | school board is liable, including, but not limited to, loss | ||||||
11 | of income and benefits. | ||||||
12 | (8) The school board, within 45 days after receipt of | ||||||
13 | the hearing officer's findings of fact and recommendation | ||||||
14 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
15 | conduct that did occur was remediable, and (iii) the | ||||||
16 | proposed dismissal should be sustained, shall issue a | ||||||
17 | written order as to whether the teacher must be retained or | ||||||
18 | dismissed for cause from its employ. The school board's | ||||||
19 | written order shall incorporate the hearing officer's | ||||||
20 | findings of fact, except that the school board may modify | ||||||
21 | or supplement the findings of fact if, in its opinion, the | ||||||
22 | findings of fact are against the manifest weight of the | ||||||
23 | evidence. | ||||||
24 | If the school board dismisses the teacher | ||||||
25 | notwithstanding the hearing officer's findings of fact and | ||||||
26 | recommendation, the school board shall make a conclusion in |
| |||||||
| |||||||
1 | its written order, giving its reasons therefor, and such | ||||||
2 | conclusion and reasons must be included in its written | ||||||
3 | order. The failure of the school board to strictly adhere | ||||||
4 | to the timelines contained in this Section shall not render | ||||||
5 | it without jurisdiction to dismiss the teacher. The school | ||||||
6 | board shall not lose jurisdiction to discharge the teacher | ||||||
7 | for cause if the hearing officer fails to render a | ||||||
8 | recommendation within the time specified in this Section. | ||||||
9 | The decision of the school board is final, unless reviewed | ||||||
10 | as provided in paragraph (9) of this subsection (d). | ||||||
11 | If the school board retains the teacher, the school | ||||||
12 | board shall enter a written order stating the amount of | ||||||
13 | back pay and lost benefits, less mitigation, to be paid to | ||||||
14 | the teacher, within 45 days after its retention order. | ||||||
15 | Should the teacher object to the amount of the back pay and | ||||||
16 | lost benefits or amount mitigated, the teacher shall give | ||||||
17 | written objections to the amount within 21 days. If the | ||||||
18 | parties fail to reach resolution within 7 days, the dispute | ||||||
19 | shall be referred to the hearing officer, who shall | ||||||
20 | consider the school board's written order and teacher's | ||||||
21 | written objection and determine the amount to which the | ||||||
22 | school board is liable. The costs of the hearing officer's | ||||||
23 | review and determination must be paid by the board. | ||||||
24 | (9)
The decision of the hearing officer pursuant to | ||||||
25 | Article 24A of this Code or of the school board's decision | ||||||
26 | to dismiss for cause is final unless reviewed as
provided |
| |||||||
| |||||||
1 | in Section 24-16 of this Code Act . If the school board's | ||||||
2 | decision to dismiss for cause is contrary to the hearing | ||||||
3 | officer's recommendation, the court on review shall give | ||||||
4 | consideration to the school board's decision and its | ||||||
5 | supplemental findings of fact, if applicable, and the | ||||||
6 | hearing officer's findings of fact and recommendation in | ||||||
7 | making its decision. In the event such review is
| ||||||
8 | instituted, the school board shall be responsible for | ||||||
9 | preparing and filing the record of proceedings, and such | ||||||
10 | costs associated therewith must be divided equally between | ||||||
11 | the parties.
| ||||||
12 | (10) If a decision of the hearing officer for dismissal | ||||||
13 | pursuant to Article 24A of this Code or of the school board | ||||||
14 | for dismissal for cause is adjudicated upon review or
| ||||||
15 | appeal in favor of the teacher, then the trial court shall | ||||||
16 | order
reinstatement and shall remand the matter to the | ||||||
17 | school board with direction for entry of an order setting | ||||||
18 | the amount of back pay, lost benefits, and costs, less | ||||||
19 | mitigation. The teacher may challenge the school board's | ||||||
20 | order setting the amount of back pay, lost benefits, and | ||||||
21 | costs, less mitigation, through an expedited arbitration | ||||||
22 | procedure, with the costs of the arbitrator borne by the | ||||||
23 | school board.
| ||||||
24 | Any teacher who is reinstated by any hearing or | ||||||
25 | adjudication brought
under this Section shall be assigned | ||||||
26 | by the board to a position
substantially similar to the one |
| |||||||
| |||||||
1 | which that teacher held prior to that
teacher's suspension | ||||||
2 | or dismissal.
| ||||||
3 | (11) Subject to any later effective date referenced in | ||||||
4 | this Section for a specific aspect of the dismissal | ||||||
5 | process, the changes made by Public Act 97-8 shall apply to | ||||||
6 | dismissals instituted on or after September 1, 2011. Any | ||||||
7 | dismissal instituted prior to September 1, 2011 must be | ||||||
8 | carried out in accordance with the requirements of this | ||||||
9 | Section prior to amendment by Public Act 97-8.
| ||||||
10 | (e) Nothing contained in Public Act 98-648 this amendatory | ||||||
11 | Act of the 98th General Assembly repeals, supersedes, | ||||||
12 | invalidates, or nullifies final decisions in lawsuits pending | ||||||
13 | on July 1, 2014 ( the effective date of Public Act 98-648) this | ||||||
14 | amendatory Act of the 98th General Assembly in Illinois courts | ||||||
15 | involving the interpretation of Public Act 97-8. | ||||||
16 | (Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19; | ||||||
17 | revised 9-28-18.)
| ||||||
18 | (105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
| ||||||
19 | Sec. 24-14. Termination of contractual continued service | ||||||
20 | by teacher. A teacher who
has entered into contractual | ||||||
21 | continued service may resign
at any time by obtaining | ||||||
22 | concurrence of the board or by serving at least 30
days' | ||||||
23 | written notice upon the secretary of the board. However, no | ||||||
24 | teacher
may resign during the school term, without the | ||||||
25 | concurrence of the board,
in order to accept another teaching |
| |||||||
| |||||||
1 | assignment. Any teacher
terminating said service not in | ||||||
2 | accordance with this Section may be referred by the board to | ||||||
3 | the State Superintendent of Education is guilty of
| ||||||
4 | unprofessional conduct and liable to suspension of licensure | ||||||
5 | for a period not
to exceed 1 year, as provided in Section | ||||||
6 | 21B-75 of this Code . The State Superintendent or his or her | ||||||
7 | designee shall convene an informal evidentiary hearing no later | ||||||
8 | than 90 days after receipt of a resolution by the board. If the | ||||||
9 | State Superintendent or his or her designee finds that the | ||||||
10 | teacher resigned during the school term without the concurrence | ||||||
11 | of the board to accept another teaching assignment, the State | ||||||
12 | Superintendent must suspend the teacher's license for one | ||||||
13 | calendar year. In lieu of a hearing and finding, the teacher | ||||||
14 | may agree to a lesser licensure sanction at the discretion of | ||||||
15 | the State Superintendent.
| ||||||
16 | (Source: P.A. 97-607, eff. 8-26-11.)
| ||||||
17 | (105 ILCS 5/27A-5)
| ||||||
18 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
19 | (a) A charter school shall be a public, nonsectarian, | ||||||
20 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
21 | school shall be organized and operated
as a nonprofit | ||||||
22 | corporation or other discrete, legal, nonprofit entity
| ||||||
23 | authorized under the laws of the State of Illinois.
| ||||||
24 | (b) A charter school may be established under this Article | ||||||
25 | by creating a new
school or by converting an existing public |
| |||||||
| |||||||
1 | school or attendance center to
charter
school status.
Beginning | ||||||
2 | on April 16, 2003 (the effective date of Public Act 93-3), in | ||||||
3 | all new
applications to establish
a charter
school in a city | ||||||
4 | having a population exceeding 500,000, operation of the
charter
| ||||||
5 | school shall be limited to one campus. The changes made to this | ||||||
6 | Section by Public Act 93-3 do not apply to charter schools | ||||||
7 | existing or approved on or before April 16, 2003 (the
effective | ||||||
8 | date of Public Act 93-3). | ||||||
9 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
10 | a cyber school where students engage in online curriculum and | ||||||
11 | instruction via the Internet and electronic communication with | ||||||
12 | their teachers at remote locations and with students | ||||||
13 | participating at different times. | ||||||
14 | From April 1, 2013 through December 31, 2016, there is a | ||||||
15 | moratorium on the establishment of charter schools with | ||||||
16 | virtual-schooling components in school districts other than a | ||||||
17 | school district organized under Article 34 of this Code. This | ||||||
18 | moratorium does not apply to a charter school with | ||||||
19 | virtual-schooling components existing or approved prior to | ||||||
20 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
21 | school with virtual-schooling components already approved | ||||||
22 | prior to April 1, 2013. | ||||||
23 | On or before March 1, 2014, the Commission shall submit to | ||||||
24 | the General Assembly a report on the effect of | ||||||
25 | virtual-schooling, including without limitation the effect on | ||||||
26 | student performance, the costs associated with |
| |||||||
| |||||||
1 | virtual-schooling, and issues with oversight. The report shall | ||||||
2 | include policy recommendations for virtual-schooling.
| ||||||
3 | (c) A charter school shall be administered and governed by | ||||||
4 | its board of
directors or other governing body
in the manner | ||||||
5 | provided in its charter. The governing body of a charter school
| ||||||
6 | shall be subject to the Freedom of Information Act and the Open | ||||||
7 | Meetings Act.
| ||||||
8 | (d) For purposes of this subsection (d), "non-curricular | ||||||
9 | health and safety requirement" means any health and safety | ||||||
10 | requirement created by statute or rule to provide, maintain, | ||||||
11 | preserve, or safeguard safe or healthful conditions for | ||||||
12 | students and school personnel or to eliminate, reduce, or | ||||||
13 | prevent threats to the health and safety of students and school | ||||||
14 | personnel. "Non-curricular health and safety requirement" does | ||||||
15 | not include any course of study or specialized instructional | ||||||
16 | requirement for which the State Board has established goals and | ||||||
17 | learning standards or which is designed primarily to impart | ||||||
18 | knowledge and skills for students to master and apply as an | ||||||
19 | outcome of their education. | ||||||
20 | A charter school shall comply with all non-curricular | ||||||
21 | health and safety
requirements applicable to public schools | ||||||
22 | under the laws of the State of
Illinois. On or before September | ||||||
23 | 1, 2015, the State Board shall promulgate and post on its | ||||||
24 | Internet website a list of non-curricular health and safety | ||||||
25 | requirements that a charter school must meet. The list shall be | ||||||
26 | updated annually no later than September 1. Any charter |
| |||||||
| |||||||
1 | contract between a charter school and its authorizer must | ||||||
2 | contain a provision that requires the charter school to follow | ||||||
3 | the list of all non-curricular health and safety requirements | ||||||
4 | promulgated by the State Board and any non-curricular health | ||||||
5 | and safety requirements added by the State Board to such list | ||||||
6 | during the term of the charter. Nothing in this subsection (d) | ||||||
7 | precludes an authorizer from including non-curricular health | ||||||
8 | and safety requirements in a charter school contract that are | ||||||
9 | not contained in the list promulgated by the State Board, | ||||||
10 | including non-curricular health and safety requirements of the | ||||||
11 | authorizing local school board.
| ||||||
12 | (e) Except as otherwise provided in the School Code, a | ||||||
13 | charter school shall
not charge tuition; provided that a | ||||||
14 | charter school may charge reasonable fees
for textbooks, | ||||||
15 | instructional materials, and student activities.
| ||||||
16 | (f) A charter school shall be responsible for the | ||||||
17 | management and operation
of its fiscal affairs including,
but | ||||||
18 | not limited to, the preparation of its budget. An audit of each | ||||||
19 | charter
school's finances shall be conducted annually by an | ||||||
20 | outside, independent
contractor retained by the charter | ||||||
21 | school. To ensure financial accountability for the use of | ||||||
22 | public funds, on or before December 1 of every year of | ||||||
23 | operation, each charter school shall submit to its authorizer | ||||||
24 | and the State Board a copy of its audit and a copy of the Form | ||||||
25 | 990 the charter school filed that year with the federal | ||||||
26 | Internal Revenue Service. In addition, if deemed necessary for |
| |||||||
| |||||||
1 | proper financial oversight of the charter school, an authorizer | ||||||
2 | may require quarterly financial statements from each charter | ||||||
3 | school.
| ||||||
4 | (g) A charter school shall comply with all provisions of | ||||||
5 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
6 | federal and State laws and rules applicable to public schools | ||||||
7 | that pertain to special education and the instruction of | ||||||
8 | English learners, and
its charter. A charter
school is exempt | ||||||
9 | from all other State laws and regulations in this Code
| ||||||
10 | governing public
schools and local school board policies; | ||||||
11 | however, a charter school is not exempt from the following:
| ||||||
12 | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | ||||||
13 | criminal
history records checks and checks of the Statewide | ||||||
14 | Sex Offender Database and Statewide Murderer and Violent | ||||||
15 | Offender Against Youth Database of applicants for | ||||||
16 | employment;
| ||||||
17 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
18 | 34-84a of this Code regarding discipline of
students;
| ||||||
19 | (3) the Local Governmental and Governmental Employees | ||||||
20 | Tort Immunity Act;
| ||||||
21 | (4) Section 108.75 of the General Not For Profit | ||||||
22 | Corporation Act of 1986
regarding indemnification of | ||||||
23 | officers, directors, employees, and agents;
| ||||||
24 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
25 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
26 | subsection (b) of Section 34-18.6 of this Code; |
| |||||||
| |||||||
1 | (6) the Illinois School Student Records Act;
| ||||||
2 | (7) Section 10-17a of this Code regarding school report | ||||||
3 | cards;
| ||||||
4 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
5 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
6 | prevention; | ||||||
7 | (10) Section 2-3.162 of this Code regarding student | ||||||
8 | discipline reporting; | ||||||
9 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
10 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
11 | (13) Sections 10-20.63 and 34-18.56 of this Code; and | ||||||
12 | (14) Section 26-18 of this Code; and | ||||||
13 | (15) Section 22-30 of this Code ; and . | ||||||
14 | (16) Sections 24-12 and 34-85 of this Code. | ||||||
15 | The change made by Public Act 96-104 to this subsection (g) | ||||||
16 | is declaratory of existing law. | ||||||
17 | (h) A charter school may negotiate and contract with a | ||||||
18 | school district, the
governing body of a State college or | ||||||
19 | university or public community college, or
any other public or | ||||||
20 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
21 | school building and grounds or any other real property or | ||||||
22 | facilities that
the charter school desires to use or convert | ||||||
23 | for use as a charter school site,
(ii) the operation and | ||||||
24 | maintenance thereof, and
(iii) the provision of any service, | ||||||
25 | activity, or undertaking that the charter
school is required to | ||||||
26 | perform in order to carry out the terms of its charter.
|
| |||||||
| |||||||
1 | However, a charter school
that is established on
or
after April | ||||||
2 | 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
3 | operates
in a city having a population exceeding
500,000 may | ||||||
4 | not contract with a for-profit entity to
manage or operate the | ||||||
5 | school during the period that commences on April 16, 2003 (the
| ||||||
6 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
7 | the 2004-2005 school year.
Except as provided in subsection (i) | ||||||
8 | of this Section, a school district may
charge a charter school | ||||||
9 | reasonable rent for the use of the district's
buildings, | ||||||
10 | grounds, and facilities. Any services for which a charter | ||||||
11 | school
contracts
with a school district shall be provided by | ||||||
12 | the district at cost. Any services
for which a charter school | ||||||
13 | contracts with a local school board or with the
governing body | ||||||
14 | of a State college or university or public community college
| ||||||
15 | shall be provided by the public entity at cost.
| ||||||
16 | (i) In no event shall a charter school that is established | ||||||
17 | by converting an
existing school or attendance center to | ||||||
18 | charter school status be required to
pay rent for space
that is | ||||||
19 | deemed available, as negotiated and provided in the charter | ||||||
20 | agreement,
in school district
facilities. However, all other | ||||||
21 | costs for the operation and maintenance of
school district | ||||||
22 | facilities that are used by the charter school shall be subject
| ||||||
23 | to negotiation between
the charter school and the local school | ||||||
24 | board and shall be set forth in the
charter.
| ||||||
25 | (j) A charter school may limit student enrollment by age or | ||||||
26 | grade level.
|
| |||||||
| |||||||
1 | (k) If the charter school is approved by the Commission, | ||||||
2 | then the Commission charter school is its own local education | ||||||
3 | agency. | ||||||
4 | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | ||||||
5 | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | ||||||
6 | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | ||||||
7 | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | ||||||
8 | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, | ||||||
9 | eff. 8-14-18; revised 10-5-18.)
| ||||||
10 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
11 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
12 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
13 | Violent Offender Against Youth Database. | ||||||
14 | (a) Licensed and nonlicensed Certified and noncertified | ||||||
15 | applicants for
employment with the school district are required | ||||||
16 | as a condition of
employment to authorize a fingerprint-based | ||||||
17 | criminal history records check to determine if such applicants
| ||||||
18 | have been convicted of any disqualifying, of the enumerated | ||||||
19 | criminal or drug offenses in
subsection (c) of this Section or | ||||||
20 | have been
convicted, within 7 years of the application for | ||||||
21 | employment with the
school district, of any other felony under | ||||||
22 | the laws of this State or of any
offense committed or attempted | ||||||
23 | in any other state or against the laws of
the United States | ||||||
24 | that, if committed or attempted in this State, would
have been | ||||||
25 | punishable as a felony under the laws of this State. |
| |||||||
| |||||||
1 | Authorization
for
the
check shall
be furnished by the applicant | ||||||
2 | to the school district, except that if the
applicant is a | ||||||
3 | substitute teacher seeking employment in more than one
school | ||||||
4 | district, or a teacher seeking concurrent part-time employment
| ||||||
5 | positions with more than one school district (as a reading | ||||||
6 | specialist,
special education teacher or otherwise), or an | ||||||
7 | educational support
personnel employee seeking employment | ||||||
8 | positions with more than one
district, any such district may | ||||||
9 | require the applicant to furnish
authorization for
the check to | ||||||
10 | the regional superintendent of the
educational service region | ||||||
11 | in which are located the school districts in
which the | ||||||
12 | applicant is seeking employment as a substitute or concurrent
| ||||||
13 | part-time teacher or concurrent educational support personnel | ||||||
14 | employee.
Upon receipt of this authorization, the school | ||||||
15 | district or the appropriate
regional superintendent, as the | ||||||
16 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
17 | of birth, social security number, fingerprint images, and other | ||||||
18 | identifiers, as prescribed by the Department
of State Police, | ||||||
19 | to the Department. The regional
superintendent submitting the | ||||||
20 | requisite information to the Department of
State Police shall | ||||||
21 | promptly notify the school districts in which the
applicant is | ||||||
22 | seeking employment as a substitute or concurrent part-time
| ||||||
23 | teacher or concurrent educational support personnel employee | ||||||
24 | that
the
check of the applicant has been requested. The | ||||||
25 | Department of State
Police and the Federal Bureau of | ||||||
26 | Investigation shall furnish, pursuant to a fingerprint-based |
| |||||||
| |||||||
1 | criminal history records check, records of convictions, | ||||||
2 | forever and hereinafter, until expunged, to the president of | ||||||
3 | the school board for the school district that requested the | ||||||
4 | check, or to the regional superintendent who requested the | ||||||
5 | check. The
Department shall charge
the school district
or the | ||||||
6 | appropriate regional superintendent a fee for
conducting
such | ||||||
7 | check, which fee shall be deposited in the State
Police | ||||||
8 | Services Fund and shall not exceed the cost of the inquiry; and | ||||||
9 | the
applicant shall not be charged a fee for
such check by the | ||||||
10 | school
district or by the regional superintendent. Subject to | ||||||
11 | appropriations for these purposes, the State Superintendent of | ||||||
12 | Education shall reimburse the school district and regional | ||||||
13 | superintendent for fees paid to obtain criminal history records | ||||||
14 | checks under this Section. | ||||||
15 | (a-5) The school district or regional superintendent shall | ||||||
16 | further perform a check of the Statewide Sex Offender Database, | ||||||
17 | as authorized by the Sex Offender Community Notification Law, | ||||||
18 | for each applicant. The check of the Statewide Sex Offender | ||||||
19 | Database must be conducted by the school district or regional | ||||||
20 | superintendent once for every 5 years that an applicant remains | ||||||
21 | employed by the school district. | ||||||
22 | (a-6) The school district or regional superintendent shall | ||||||
23 | further perform a check of the Statewide Murderer and Violent | ||||||
24 | Offender Against Youth Database, as authorized by the Murderer | ||||||
25 | and Violent Offender Against Youth Community Notification Law, | ||||||
26 | for each applicant. The check of the Murderer and Violent |
| |||||||
| |||||||
1 | Offender Against Youth Database must be conducted by the school | ||||||
2 | district or regional superintendent once for every 5 years that | ||||||
3 | an applicant remains employed by the school district. | ||||||
4 | (b) Any
information concerning the record of convictions | ||||||
5 | obtained by the president
of the board of education or the | ||||||
6 | regional superintendent shall be
confidential and may only be | ||||||
7 | transmitted to the general superintendent of
the school | ||||||
8 | district or his designee, the appropriate regional
| ||||||
9 | superintendent if
the check was requested by the board of | ||||||
10 | education
for the school district, the presidents of the | ||||||
11 | appropriate board of
education or school boards if
the check | ||||||
12 | was requested from the
Department of State Police by the | ||||||
13 | regional superintendent, the State
Superintendent of | ||||||
14 | Education, the State Educator Preparation and Licensure State | ||||||
15 | Teacher Certification Board or any
other person necessary to | ||||||
16 | the decision of hiring the applicant for
employment. A copy of | ||||||
17 | the record of convictions obtained from the
Department of State | ||||||
18 | Police shall be provided to the applicant for
employment. Upon | ||||||
19 | the check of the Statewide Sex Offender Database, the school | ||||||
20 | district or regional superintendent shall notify an applicant | ||||||
21 | as to whether or not the applicant has been identified in the | ||||||
22 | Database as a sex offender. If a check of an applicant for | ||||||
23 | employment as a
substitute or concurrent part-time teacher or | ||||||
24 | concurrent educational
support personnel employee in more than | ||||||
25 | one school district was requested
by the regional | ||||||
26 | superintendent, and the Department of State Police upon
a check |
| |||||||
| |||||||
1 | ascertains that the applicant has not been convicted of any
of | ||||||
2 | the enumerated criminal or drug offenses in subsection (c) of | ||||||
3 | this Section
or has not been
convicted,
within 7 years of the | ||||||
4 | application for employment with the
school district, of any | ||||||
5 | other felony under the laws of this State or of any
offense | ||||||
6 | committed or attempted in any other state or against the laws | ||||||
7 | of
the United States that, if committed or attempted in this | ||||||
8 | State, would
have been punishable as a felony under the laws of | ||||||
9 | this State and so
notifies the regional superintendent and if | ||||||
10 | the regional superintendent upon a check ascertains that the | ||||||
11 | applicant has not been identified in the Sex Offender Database | ||||||
12 | as a sex offender, then the regional superintendent
shall issue | ||||||
13 | to the applicant a certificate evidencing that as of the date
| ||||||
14 | specified by the Department of State Police the applicant has | ||||||
15 | not been
convicted of any of the enumerated criminal or drug | ||||||
16 | offenses in subsection
(c) of this Section
or has not been
| ||||||
17 | convicted, within 7 years of the application for employment | ||||||
18 | with the
school district, of any other felony under the laws of | ||||||
19 | this State or of any
offense committed or attempted in any | ||||||
20 | other state or against the laws of
the United States that, if | ||||||
21 | committed or attempted in this State, would
have been | ||||||
22 | punishable as a felony under the laws of this State and | ||||||
23 | evidencing that as of the date that the regional superintendent | ||||||
24 | conducted a check of the Statewide Sex Offender Database, the | ||||||
25 | applicant has not been identified in the Database as a sex | ||||||
26 | offender. The school
board of any school district may rely on |
| |||||||
| |||||||
1 | the certificate issued by any regional
superintendent to that | ||||||
2 | substitute teacher, concurrent part-time teacher, or | ||||||
3 | concurrent educational support personnel employee
or may | ||||||
4 | initiate its own criminal history records check of
the | ||||||
5 | applicant through the Department of State Police and its own | ||||||
6 | check of the Statewide Sex Offender Database as provided in
| ||||||
7 | subsection (a). Any unauthorized release of confidential | ||||||
8 | information may be a violation of Section 7 of the Criminal | ||||||
9 | Identification Act. | ||||||
10 | (c) The board of education shall not knowingly employ a | ||||||
11 | person who has
been convicted of any offense that would subject | ||||||
12 | him or her to license suspension or revocation pursuant to | ||||||
13 | Section 21B-80 of this Code , except as provided under | ||||||
14 | subsection (b) of 21B-80 .
Further, the board of education shall | ||||||
15 | not knowingly employ a person who has
been found to be the | ||||||
16 | perpetrator of sexual or physical abuse of any minor under
18 | ||||||
17 | years of age pursuant to proceedings under Article II of the | ||||||
18 | Juvenile Court
Act of 1987. As a condition of employment, the | ||||||
19 | board of education must consider the status of a person who has | ||||||
20 | been issued an indicated finding of abuse or neglect of a child | ||||||
21 | by the Department of Children and Family Services under the | ||||||
22 | Abused and Neglected Child Reporting Act or by a child welfare | ||||||
23 | agency of another jurisdiction. | ||||||
24 | (d) The board of education shall not knowingly employ a | ||||||
25 | person for whom
a criminal history records check and a | ||||||
26 | Statewide Sex Offender Database check has not been initiated. |
| |||||||
| |||||||
1 | (e) No later than 15 business days after receipt of a | ||||||
2 | record of conviction or of checking the Statewide Murderer and | ||||||
3 | Violent Offender Against Youth Database or the Statewide Sex | ||||||
4 | Offender Database and finding a registration, the general | ||||||
5 | superintendent of schools or the applicable regional | ||||||
6 | superintendent shall, in writing, notify the State | ||||||
7 | Superintendent of Education of any license holder who has been | ||||||
8 | convicted of a crime set forth in Section 21B-80 of this Code. | ||||||
9 | Upon receipt of the record of a conviction of or a finding of | ||||||
10 | child
abuse by a holder of any license
certificate issued | ||||||
11 | pursuant to Article 21B 21 or Section 34-8.1 or 34-83 of the
| ||||||
12 | School Code, the State Superintendent of
Education may initiate | ||||||
13 | licensure certificate suspension and revocation
proceedings as | ||||||
14 | authorized by law. If the receipt of the record of conviction | ||||||
15 | or finding of child abuse is received within 6 months after the | ||||||
16 | initial grant of or renewal of a license, the State | ||||||
17 | Superintendent of Education may rescind the license holder's | ||||||
18 | license. | ||||||
19 | (e-5) The general superintendent of schools shall, in | ||||||
20 | writing, notify the State Superintendent of Education of any | ||||||
21 | license certificate holder whom he or she has reasonable cause | ||||||
22 | to believe has committed an intentional act of abuse or neglect | ||||||
23 | with the result of making a child an abused child or a | ||||||
24 | neglected child, as defined in Section 3 of the Abused and | ||||||
25 | Neglected Child Reporting Act, and that act resulted in the | ||||||
26 | license certificate holder's dismissal or resignation from the |
| |||||||
| |||||||
1 | school district. This notification must be submitted within 30 | ||||||
2 | days after the dismissal or resignation. The license | ||||||
3 | certificate holder must also be contemporaneously sent a copy | ||||||
4 | of the notice by the superintendent. All correspondence, | ||||||
5 | documentation, and other information so received by the State | ||||||
6 | Superintendent of Education, the State Board of Education, or | ||||||
7 | the State Educator Preparation and Licensure State Teacher | ||||||
8 | Certification Board under this subsection (e-5) is | ||||||
9 | confidential and must not be disclosed to third parties, except | ||||||
10 | (i) as necessary for the State Superintendent of Education or | ||||||
11 | his or her designee to investigate and prosecute pursuant to | ||||||
12 | Article 21B 21 of this Code, (ii) pursuant to a court order, | ||||||
13 | (iii) for disclosure to the license certificate holder or his | ||||||
14 | or her representative, or (iv) as otherwise provided in this | ||||||
15 | Article and provided that any such information admitted into | ||||||
16 | evidence in a hearing is exempt from this confidentiality and | ||||||
17 | non-disclosure requirement. Except for an act of willful or | ||||||
18 | wanton misconduct, any superintendent who provides | ||||||
19 | notification as required in this subsection (e-5) shall have | ||||||
20 | immunity from any liability, whether civil or criminal or that | ||||||
21 | otherwise might result by reason of such action. | ||||||
22 | (f) After March 19, 1990, the provisions of this Section | ||||||
23 | shall apply to
all employees of persons or firms holding | ||||||
24 | contracts with any school district
including, but not limited | ||||||
25 | to, food service workers, school bus drivers and
other | ||||||
26 | transportation employees, who have direct, daily contact with |
| |||||||
| |||||||
1 | the
pupils of any school in such district. For purposes of | ||||||
2 | criminal history records checks and checks of the Statewide Sex | ||||||
3 | Offender Database on employees of persons or firms holding | ||||||
4 | contracts with more
than one school district and assigned to | ||||||
5 | more than one school district, the
regional superintendent of | ||||||
6 | the educational service region in which the
contracting school | ||||||
7 | districts are located may, at the request of any such
school | ||||||
8 | district, be responsible for receiving the authorization for
a | ||||||
9 | criminal history records check prepared by each such employee | ||||||
10 | and submitting the same to the
Department of State Police and | ||||||
11 | for conducting a check of the Statewide Sex Offender Database | ||||||
12 | for each employee. Any information concerning the record of
| ||||||
13 | conviction and identification as a sex offender of any such | ||||||
14 | employee obtained by the regional superintendent
shall be | ||||||
15 | promptly reported to the president of the appropriate school | ||||||
16 | board
or school boards. | ||||||
17 | (f-5) Upon request of a school or school district, any | ||||||
18 | information obtained by the school district pursuant to | ||||||
19 | subsection (f) of this Section within the last year must be | ||||||
20 | made available to the requesting school or school district. | ||||||
21 | (g) Prior to the commencement of any student teaching | ||||||
22 | experience or required internship (which is referred to as | ||||||
23 | student teaching in this Section) in the public schools, a | ||||||
24 | student teacher is required to authorize a fingerprint-based | ||||||
25 | criminal history records check. Authorization for and payment | ||||||
26 | of the costs of the check must be furnished by the student |
| |||||||
| |||||||
1 | teacher to the school district. Upon receipt of this | ||||||
2 | authorization and payment, the school district shall submit the | ||||||
3 | student teacher's name, sex, race, date of birth, social | ||||||
4 | security number, fingerprint images, and other identifiers, as | ||||||
5 | prescribed by the Department of State Police, to the Department | ||||||
6 | of State Police. The Department of State Police and the Federal | ||||||
7 | Bureau of Investigation shall furnish, pursuant to a | ||||||
8 | fingerprint-based criminal history records check, records of | ||||||
9 | convictions, forever and hereinafter, until expunged, to the | ||||||
10 | president of the board. The Department shall charge the school | ||||||
11 | district a fee for conducting the check, which fee must not | ||||||
12 | exceed the cost of the inquiry and must be deposited into the | ||||||
13 | State Police Services Fund. The school district shall further | ||||||
14 | perform a check of the Statewide Sex Offender Database, as | ||||||
15 | authorized by the Sex Offender Community Notification Law, and | ||||||
16 | of the Statewide Murderer and Violent Offender Against Youth | ||||||
17 | Database, as authorized by the Murderer and Violent Offender | ||||||
18 | Against Youth Registration Act, for each student teacher. The | ||||||
19 | board may not knowingly allow a person to student teach for | ||||||
20 | whom a criminal history records check, a Statewide Sex Offender | ||||||
21 | Database check, and a Statewide Murderer and Violent Offender | ||||||
22 | Against Youth Database check have not been completed and | ||||||
23 | reviewed by the district. | ||||||
24 | A copy of the record of convictions obtained from the | ||||||
25 | Department of State Police must be provided to the student | ||||||
26 | teacher. Any information concerning the record of convictions |
| |||||||
| |||||||
1 | obtained by the president of the board is confidential and may | ||||||
2 | only be transmitted to the general superintendent of schools or | ||||||
3 | his or her designee, the State Superintendent of Education, the | ||||||
4 | State Educator Preparation and Licensure Board, or, for | ||||||
5 | clarification purposes, the Department of State Police or the | ||||||
6 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
7 | Violent Offender Against Youth Database. Any unauthorized | ||||||
8 | release of confidential information may be a violation of | ||||||
9 | Section 7 of the Criminal Identification Act. | ||||||
10 | The board may not knowingly allow a person to student teach | ||||||
11 | who has been convicted of any offense that would subject him or | ||||||
12 | her to license suspension or revocation pursuant to subsection | ||||||
13 | (c) of Section 21B-80 of this Code , except as provided under | ||||||
14 | subsection (b) of Section 21B-80. Further, the board may not | ||||||
15 | allow a person to student teach if he or she or who has been | ||||||
16 | found to be the perpetrator of sexual or physical abuse of a | ||||||
17 | minor under 18 years of age pursuant to proceedings under | ||||||
18 | Article II of the Juvenile Court Act of 1987. The board must | ||||||
19 | consider the status of a person to student teach who has been | ||||||
20 | issued an indicated finding of abuse or neglect of a child by | ||||||
21 | the Department of Children and Family Services under the Abused | ||||||
22 | and Neglected Child Reporting Act or by a child welfare agency | ||||||
23 | of another jurisdiction. | ||||||
24 | (h) (Blank). | ||||||
25 | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
| ||||||
2 | Sec. 34-18.6. Child abuse and neglect; detection,
| ||||||
3 | reporting, and prevention ; willful or negligent failure to | ||||||
4 | report . | ||||||
5 | (a) The Board of Education may provide staff
development | ||||||
6 | for local school site personnel who work with pupils in grades
| ||||||
7 | kindergarten through 8 in the detection, reporting, and | ||||||
8 | prevention of child
abuse and neglect.
| ||||||
9 | (b) The Department of Children and Family Services may, in | ||||||
10 | cooperation with school officials, distribute appropriate | ||||||
11 | materials in school buildings listing the toll-free telephone | ||||||
12 | number established in Section 7.6 of the Abused and Neglected | ||||||
13 | Child Reporting Act, including methods of making a report under | ||||||
14 | Section 7 of the Abused and Neglected Child Reporting Act, to | ||||||
15 | be displayed in a clearly visible location in each school | ||||||
16 | building. | ||||||
17 | (c) Except for an employee licensed under Article 21B of | ||||||
18 | this Code, if the board determines that any school district | ||||||
19 | employee has willfully or negligently failed to report an | ||||||
20 | instance of suspected child abuse or neglect, as required by | ||||||
21 | the Abused and Neglected Child Reporting Act, then the board | ||||||
22 | may dismiss that employee immediately upon that determination. | ||||||
23 | For purposes of this subsection (c), negligent failure to | ||||||
24 | report an instance of suspected child abuse or neglect occurs | ||||||
25 | when a school district employee personally observes an instance | ||||||
26 | of suspected child abuse or neglect and reasonably believes, in |
| |||||||
| |||||||
1 | his or her professional or official capacity, that the instance | ||||||
2 | constitutes an act of child abuse or neglect under the Abused | ||||||
3 | and Neglected Child Reporting Act, and he or she, without | ||||||
4 | willful intent, fails to immediately report or cause a report | ||||||
5 | to be made of the suspected abuse or neglect to the Department | ||||||
6 | of Children and Family Services, as required by the Abused and | ||||||
7 | Neglected Child Reporting Act. | ||||||
8 | (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18 .)
| ||||||
9 | (105 ILCS 5/34-18.61 new) | ||||||
10 | Sec. 34-18.61. Sexual abuse investigations at schools. | ||||||
11 | Every 2 years, the school district must review all existing | ||||||
12 | policies and procedures concerning sexual abuse investigations | ||||||
13 | at schools to ensure consistency with Section 22-85.
| ||||||
14 | (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| ||||||
15 | Sec. 34-85. Removal for cause; notice and hearing; | ||||||
16 | suspension. | ||||||
17 | (a) No
teacher employed by the board of education shall | ||||||
18 | (after serving the
probationary period specified in Section | ||||||
19 | 34-84) be removed
except for cause. Teachers (who have | ||||||
20 | completed the probationary period specified in Section 34-84 of | ||||||
21 | this Code) shall be removed for cause in accordance with the | ||||||
22 | procedures set forth in this Section or, at the board's option, | ||||||
23 | the procedures set forth in Section 24-16.5 of this Code or | ||||||
24 | such other procedures established in an agreement entered into |
| |||||||
| |||||||
1 | between the board and the exclusive representative of the | ||||||
2 | district's teachers under Section 34-85c of this Code for | ||||||
3 | teachers (who have completed the probationary period specified | ||||||
4 | in Section 34-84 of this Code) assigned to schools identified | ||||||
5 | in that agreement. No principal employed by the board of | ||||||
6 | education shall be
removed during the term of his or her | ||||||
7 | performance contract except for
cause, which may include but is | ||||||
8 | not limited to the principal's repeated
failure to implement | ||||||
9 | the school improvement plan or to comply with the
provisions of | ||||||
10 | the Uniform Performance Contract, including additional
| ||||||
11 | criteria established by the Council for inclusion in the | ||||||
12 | performance
contract pursuant to Section 34-2.3.
| ||||||
13 | Before service of notice of charges on account of causes | ||||||
14 | that may be deemed to be remediable, the teacher or principal | ||||||
15 | must be given reasonable warning in writing, stating | ||||||
16 | specifically the causes that, if not removed, may result in | ||||||
17 | charges; however, no such written warning is required if the | ||||||
18 | causes have been the subject of a remediation plan pursuant to | ||||||
19 | Article 24A of this Code or if the board and the exclusive | ||||||
20 | representative of the district's teachers have entered into an | ||||||
21 | agreement pursuant to Section 34-85c of this Code, pursuant to | ||||||
22 | an alternative system of remediation. No written warning shall | ||||||
23 | be required for conduct on the part of a teacher or principal | ||||||
24 | that is cruel, immoral, negligent, or criminal or that in any | ||||||
25 | way causes psychological or physical harm or injury to a | ||||||
26 | student, as that conduct is deemed to be irremediable. No |
| |||||||
| |||||||
1 | written warning shall be required for a material breach of the | ||||||
2 | uniform principal performance contract, as that conduct is | ||||||
3 | deemed to be irremediable; provided that not less than 30 days | ||||||
4 | before the vote of the local school council to seek the | ||||||
5 | dismissal of a principal for a material breach of a uniform | ||||||
6 | principal performance contract, the local school council shall | ||||||
7 | specify the nature of the alleged breach in writing and provide | ||||||
8 | a copy of it to the principal. | ||||||
9 | (1) To initiate dismissal proceedings against a | ||||||
10 | teacher or principal, the general superintendent must | ||||||
11 | first approve written charges and specifications against | ||||||
12 | the
teacher or
principal. A local school council may direct | ||||||
13 | the
general superintendent to approve written charges | ||||||
14 | against its principal on behalf of the Council
upon the | ||||||
15 | vote of 7 members of the Council. The general | ||||||
16 | superintendent must
approve those charges within 45 | ||||||
17 | calendar days
or provide a written
reason for not approving | ||||||
18 | those charges. A
written notice of those charges, including | ||||||
19 | specifications,
shall be served upon the teacher or | ||||||
20 | principal within 10 business days of the
approval of the | ||||||
21 | charges. Any written notice sent on or after July 1, 2012 | ||||||
22 | shall also inform the teacher or principal of the right to | ||||||
23 | request a hearing before a mutually selected hearing | ||||||
24 | officer, with the cost of the hearing officer split equally | ||||||
25 | between the teacher or principal and the board, or a | ||||||
26 | hearing before a qualified hearing officer chosen by the |
| |||||||
| |||||||
1 | general superintendent, with the cost of the hearing | ||||||
2 | officer paid by the board. If the teacher or principal | ||||||
3 | cannot be found upon diligent
inquiry, such charges may be | ||||||
4 | served upon him by mailing a copy thereof in a
sealed | ||||||
5 | envelope by prepaid certified mail, return receipt | ||||||
6 | requested, to the
teacher's or principal's last known | ||||||
7 | address. A return receipt showing
delivery to such address | ||||||
8 | within 20 calendar days after the date of the
approval of | ||||||
9 | the charges shall constitute proof of service.
| ||||||
10 | (2) No hearing upon the charges is required unless the | ||||||
11 | teacher or principal
within 17 calendar
days after | ||||||
12 | receiving notice requests in writing of the general
| ||||||
13 | superintendent that a hearing
be scheduled. Pending the | ||||||
14 | hearing of the charges, the general superintendent or his | ||||||
15 | or her designee may suspend the teacher or principal | ||||||
16 | charged without pay in accordance with rules prescribed by | ||||||
17 | the board, provided that if the teacher or principal | ||||||
18 | charged is not dismissed based on the charges, he or she | ||||||
19 | must be made whole for lost earnings, less setoffs for | ||||||
20 | mitigation. | ||||||
21 | (3) The board shall maintain a list of at least 9 | ||||||
22 | qualified hearing officers who will conduct hearings on | ||||||
23 | charges and specifications. The list must be developed in | ||||||
24 | good faith consultation with the exclusive representative | ||||||
25 | of the board's teachers and professional associations that | ||||||
26 | represent the board's principals. The list may be revised |
| |||||||
| |||||||
1 | on July 1st of each year or earlier as needed. To be a | ||||||
2 | qualified hearing officer, the person must (i)
be | ||||||
3 | accredited by a national arbitration organization and have | ||||||
4 | had a minimum
of 5 years of experience as an arbitrator in | ||||||
5 | cases involving labor and
employment
relations matters | ||||||
6 | between employers and employees or
their exclusive | ||||||
7 | bargaining representatives and (ii) beginning September 1, | ||||||
8 | 2012, have participated in training provided or approved by | ||||||
9 | the State Board of Education for teacher dismissal hearing | ||||||
10 | officers so that he or she is familiar with issues | ||||||
11 | generally involved in evaluative and non-evaluative | ||||||
12 | dismissals.
| ||||||
13 | Within 5 business days after receiving the notice of | ||||||
14 | request for a hearing, the general superintendent and the | ||||||
15 | teacher or principal or
their legal representatives
shall | ||||||
16 | alternately strike one name
from the list until only one | ||||||
17 | name remains. Unless waived by the teacher,
the teacher or | ||||||
18 | principal shall
have the right to proceed first with the | ||||||
19 | striking. If the teacher or principal fails to participate | ||||||
20 | in the striking process, the general superintendent shall | ||||||
21 | either select the hearing officer from the list developed | ||||||
22 | pursuant to this paragraph (3) or select another qualified | ||||||
23 | hearing officer from the master list maintained by the | ||||||
24 | State Board of Education pursuant to subsection (c) of | ||||||
25 | Section 24-12 of this Code.
| ||||||
26 | (4) If the notice of dismissal was sent to the teacher |
| |||||||
| |||||||
1 | or principal before July 1, 2012, the fees and costs for | ||||||
2 | the hearing officer shall be paid by the State
Board of | ||||||
3 | Education. If the notice of dismissal was sent to the | ||||||
4 | teacher or principal on or after July 1, 2012, the hearing | ||||||
5 | officer's fees and costs must be paid as follows in this | ||||||
6 | paragraph (4). The fees and permissible costs for the | ||||||
7 | hearing officer shall be determined by the State Board of | ||||||
8 | Education. If the hearing officer is mutually selected by | ||||||
9 | the parties through alternate striking in accordance with | ||||||
10 | paragraph (3) of this subsection (a), then the board and | ||||||
11 | the teacher or their legal representative shall each pay | ||||||
12 | 50% of the fees and costs and any supplemental allowance to | ||||||
13 | which they agree. If the hearing officer is selected by the | ||||||
14 | general superintendent without the participation of the | ||||||
15 | teacher or principal, then the board shall pay 100% of the | ||||||
16 | hearing officer fees and costs. The hearing officer shall | ||||||
17 | submit for payment a billing statement to the parties that | ||||||
18 | itemizes the charges and expenses and divides them in | ||||||
19 | accordance with this Section. | ||||||
20 | (5) The teacher or the principal charged is required to | ||||||
21 | answer the charges and specifications and aver affirmative | ||||||
22 | matters in his or her defense, and the time for doing so | ||||||
23 | must be set by the hearing officer. The State Board of | ||||||
24 | Education shall adopt rules so that each party has a fair | ||||||
25 | opportunity to present its case and to ensure that the | ||||||
26 | dismissal proceeding is concluded in an expeditious |
| |||||||
| |||||||
1 | manner. The rules shall address, without limitation, the | ||||||
2 | teacher or principal's answer and affirmative defenses to | ||||||
3 | the charges and specifications; a requirement that each | ||||||
4 | party make mandatory disclosures without request to the | ||||||
5 | other party and then update the disclosure no later than 10 | ||||||
6 | calendar days prior to the commencement of the hearing, | ||||||
7 | including a list of the names and addresses of persons who | ||||||
8 | may be called as witnesses at the hearing, a summary of the | ||||||
9 | facts or opinions each witness will testify to, and all | ||||||
10 | other documents and materials, including information | ||||||
11 | maintained electronically, relevant to its own as well as | ||||||
12 | the other party's case (the hearing officer may exclude | ||||||
13 | witnesses and exhibits not identified and shared, except | ||||||
14 | those offered in rebuttal for which the party could not | ||||||
15 | reasonably have anticipated prior to the hearing); | ||||||
16 | pre-hearing discovery and preparation, including provision | ||||||
17 | for written interrogatories and requests for production of | ||||||
18 | documents, provided that discovery depositions are | ||||||
19 | prohibited; the conduct of the hearing; the right of each | ||||||
20 | party to be represented by counsel, the offer of evidence | ||||||
21 | and witnesses and the cross-examination of witnesses; the | ||||||
22 | authority of the hearing officer to issue subpoenas and | ||||||
23 | subpoenas duces tecum, provided that the hearing officer | ||||||
24 | may limit the number of witnesses to be subpoenaed in | ||||||
25 | behalf of each party to no more than 7; the length of | ||||||
26 | post-hearing briefs; and the form, length, and content of |
| |||||||
| |||||||
1 | hearing officers' reports and recommendations to the | ||||||
2 | general superintendent. | ||||||
3 | The hearing officer shall commence the hearing within | ||||||
4 | 75 calendar days and conclude the hearing within 120 | ||||||
5 | calendar days after being selected by the parties as the | ||||||
6 | hearing officer, provided that these timelines may be | ||||||
7 | modified upon the showing of good cause or mutual agreement | ||||||
8 | of the parties. Good cause for the purposes of this | ||||||
9 | paragraph (5) shall mean the illness or otherwise | ||||||
10 | unavoidable emergency of the teacher, district | ||||||
11 | representative, their legal representatives, the hearing | ||||||
12 | officer, or an essential witness as indicated in each | ||||||
13 | party's pre-hearing submission. In a dismissal hearing in | ||||||
14 | which a witness is a student or is under the age of 18, the | ||||||
15 | hearing officer must make accommodations for the witness, | ||||||
16 | as provided under paragraph (5.5) of this subsection. The , | ||||||
17 | the hearing officer shall consider and give weight to all | ||||||
18 | of the teacher's evaluations written pursuant to Article | ||||||
19 | 24A that are relevant to the issues in the hearing. Except | ||||||
20 | as otherwise provided under paragraph (5.5) of this | ||||||
21 | subsection, the The teacher or principal has the
privilege | ||||||
22 | of being present at the hearing with counsel and of
| ||||||
23 | cross-examining witnesses and may offer evidence and | ||||||
24 | witnesses and present
defenses to the charges. Each party | ||||||
25 | shall have no more than 3 days to present its case, unless | ||||||
26 | extended by the hearing officer to enable a party to |
| |||||||
| |||||||
1 | present adequate evidence and testimony, including due to | ||||||
2 | the other party's cross-examination of the party's | ||||||
3 | witnesses, for good cause or by mutual agreement of the | ||||||
4 | parties. The State Board of Education shall define in rules | ||||||
5 | the meaning of "day" for such purposes.
All testimony at | ||||||
6 | the hearing shall be taken under oath administered by the
| ||||||
7 | hearing officer. The hearing officer shall cause a record | ||||||
8 | of the
proceedings to be kept and shall employ a competent | ||||||
9 | reporter to take
stenographic or stenotype notes of all the | ||||||
10 | testimony. The costs of the
reporter's attendance and | ||||||
11 | services at the hearing shall be paid by the party or | ||||||
12 | parties who are paying the fees and costs of the hearing | ||||||
13 | officer. Either party desiring a transcript of the
hearing | ||||||
14 | shall pay for the cost thereof. At the close of the | ||||||
15 | hearing, the hearing officer shall direct the parties to | ||||||
16 | submit post-hearing briefs no later than 21 calendar days | ||||||
17 | after receipt of the transcript. Either or both parties may | ||||||
18 | waive submission of briefs. | ||||||
19 | (5.5) In the case of charges involving sexual abuse or | ||||||
20 | severe physical abuse of a student or a person under the | ||||||
21 | age of 18, the hearing officer shall make alternative | ||||||
22 | hearing procedures to protect a witness who is a student or | ||||||
23 | who is under the age of 18 from being intimidated or | ||||||
24 | traumatized. Alternative hearing procedures may include, | ||||||
25 | but are not limited to: (i) testimony made via a | ||||||
26 | telecommunication device in a location other than the |
| |||||||
| |||||||
1 | hearing room and outside the physical presence of the | ||||||
2 | teacher or principal and other hearing participants, (ii) | ||||||
3 | testimony outside the physical presence of the teacher or | ||||||
4 | principal, or (iii) non-public testimony. During a | ||||||
5 | testimony described under this subsection, each party must | ||||||
6 | be permitted to ask a witness who is a student or who is | ||||||
7 | under 18 years of age all relevant questions and follow-up | ||||||
8 | questions. All questions must exclude evidence of the | ||||||
9 | witness' sexual behavior or predisposition, unless the | ||||||
10 | evidence is offered to prove that someone other than the | ||||||
11 | teacher subject to the dismissal hearing engaged in the | ||||||
12 | charge at issue.
| ||||||
13 | (6) The hearing officer shall within 30 calendar days | ||||||
14 | from the conclusion of the hearing
report to the general | ||||||
15 | superintendent findings of fact and a recommendation as to | ||||||
16 | whether or not the teacher or principal shall
be dismissed | ||||||
17 | and shall give a copy of the report to both the
teacher or
| ||||||
18 | principal and the general superintendent. The State Board | ||||||
19 | of Education shall provide by rule the form of the hearing | ||||||
20 | officer's report and recommendation. | ||||||
21 | (7) The board, within 45
days of receipt of the hearing | ||||||
22 | officer's findings of fact and recommendation,
shall make a | ||||||
23 | decision as to whether the teacher or principal shall be | ||||||
24 | dismissed
from its employ. The failure of the board to | ||||||
25 | strictly adhere to the timeliness
contained herein shall | ||||||
26 | not render it without jurisdiction to dismiss the
teacher
|
| |||||||
| |||||||
1 | or principal. In the event that the board declines to | ||||||
2 | dismiss the teacher or principal after review of a hearing | ||||||
3 | officer's recommendation, the board shall set the amount of | ||||||
4 | back pay and benefits to award the teacher or principal, | ||||||
5 | which shall include offsets for interim earnings and | ||||||
6 | failure to mitigate losses. The board shall establish | ||||||
7 | procedures for the teacher's or principal's submission of | ||||||
8 | evidence to it regarding lost earnings, lost benefits, | ||||||
9 | mitigation, and offsets. The decision
of the board is final | ||||||
10 | unless reviewed in accordance with paragraph (8) of this | ||||||
11 | subsection (a).
| ||||||
12 | (8) The teacher may seek judicial review of the board's | ||||||
13 | decision in accordance with the Administrative Review Law, | ||||||
14 | which is specifically incorporated in this Section, except | ||||||
15 | that the review must be initiated in the Illinois Appellate | ||||||
16 | Court for the First District. In the event judicial review | ||||||
17 | is instituted, any costs of preparing and
filing the record | ||||||
18 | of proceedings shall be paid by the party instituting
the | ||||||
19 | review. In the event the appellate court reverses a board | ||||||
20 | decision to dismiss a teacher or principal and directs the | ||||||
21 | board to pay the teacher or the principal back pay and | ||||||
22 | benefits, the appellate court shall remand the matter to | ||||||
23 | the board to issue an administrative decision as to the | ||||||
24 | amount of back pay and benefits, which shall include a | ||||||
25 | calculation of the lost earnings, lost benefits, | ||||||
26 | mitigation, and offsets based on evidence submitted to the |
| |||||||
| |||||||
1 | board in accordance with procedures established by the | ||||||
2 | board.
| ||||||
3 | (b) Nothing in this Section affects the validity of removal | ||||||
4 | for cause hearings
commenced prior to June 13, 2011 (the | ||||||
5 | effective date of Public Act 97-8).
| ||||||
6 | The changes made by Public Act 97-8 shall apply to | ||||||
7 | dismissals instituted on or after September 1, 2011 or the | ||||||
8 | effective date of Public Act 97-8, whichever is later. Any | ||||||
9 | dismissal instituted prior to the effective date of these | ||||||
10 | changes must be carried out in accordance with the requirements | ||||||
11 | of this Section prior to amendment by Public Act 97-8. | ||||||
12 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
13 | Section 10. The Personnel Record Review Act is amended by | ||||||
14 | changing Sections 8 and 9 as follows:
| ||||||
15 | (820 ILCS 40/8) (from Ch. 48, par. 2008)
| ||||||
16 | Sec. 8.
An employer shall review a personnel record before | ||||||
17 | releasing
information to a third party and, except when the | ||||||
18 | release is ordered to
a party in a legal action or arbitration, | ||||||
19 | delete disciplinary reports,
letters of reprimand, or other | ||||||
20 | records of disciplinary action which are
more than 4 years old. | ||||||
21 | This Section does not apply to a school district or an | ||||||
22 | authorized employee or agent of a school district who is | ||||||
23 | sharing information related to an incident or an attempted | ||||||
24 | incident of sexual abuse or severe physical abuse.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-1104.)
| ||||||
2 | (820 ILCS 40/9) (from Ch. 48, par. 2009)
| ||||||
3 | Sec. 9.
An employer shall not gather or keep a record of an
| ||||||
4 | employee's associations, political activities, publications, | ||||||
5 | communications or
nonemployment activities, unless the | ||||||
6 | employee submits the information in
writing or authorizes the | ||||||
7 | employer in writing to keep or gather the
information. This | ||||||
8 | prohibition
shall not apply to (i) activities or associations | ||||||
9 | with individuals or groups involved in the physical, sexual, or | ||||||
10 | other exploitation of a minor or (ii) the activities that occur | ||||||
11 | on the employer's premises
or during the employee's working | ||||||
12 | hours with that employer which interfere
with the performance | ||||||
13 | of the employee's duties or the duties
of other employees or | ||||||
14 | activities, regardless of when and where occurring,
which | ||||||
15 | constitute criminal conduct or may reasonably be expected to | ||||||
16 | harm the
employer's property, operations or business, or could | ||||||
17 | by the employee's
action cause the employer financial | ||||||
18 | liability. A record which is kept by
the employer as permitted | ||||||
19 | under this Section shall be part of the personnel
record.
| ||||||
20 | (Source: P.A. 91-357, eff. 7-29-99.)
|