Bill Text: IL SB2218 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Employment of Teachers Article of the School Code. Provides that a school board's sequence of honorable dismissal list shall include the race or ethnicity of a teacher if provided by the teacher. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0398 [SB2218 Detail]
Download: Illinois-2023-SB2218-Engrossed.html
Bill Title: Amends the Employment of Teachers Article of the School Code. Provides that a school board's sequence of honorable dismissal list shall include the race or ethnicity of a teacher if provided by the teacher. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0398 [SB2218 Detail]
Download: Illinois-2023-SB2218-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 24-12 as follows:
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6 | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
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7 | Sec. 24-12. Removal or dismissal of teachers in | ||||||
8 | contractual
continued service. | ||||||
9 | (a) This subsection (a) applies only to honorable | ||||||
10 | dismissals and recalls in which the notice of dismissal is | ||||||
11 | provided on or before the end of the 2010-2011 school term. If | ||||||
12 | a teacher in contractual continued service is
removed or | ||||||
13 | dismissed as a result of a decision of the board to decrease
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14 | the number of teachers employed by the board or to discontinue | ||||||
15 | some
particular type of teaching service, written notice shall | ||||||
16 | be mailed to the
teacher and also given the
teacher either by | ||||||
17 | certified mail, return receipt requested or
personal delivery | ||||||
18 | with receipt at least 60
days before
the end of the school | ||||||
19 | term, together with a statement of honorable
dismissal and the | ||||||
20 | reason therefor, and in all such cases the board shall
first | ||||||
21 | remove or dismiss all teachers who have not entered upon | ||||||
22 | contractual
continued service before removing or dismissing | ||||||
23 | any teacher who has entered
upon contractual continued service |
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1 | and who is legally qualified to hold a
position currently held | ||||||
2 | by a teacher who has not entered upon contractual
continued | ||||||
3 | service. | ||||||
4 | As between teachers who have entered upon contractual
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5 | continued service, the teacher or teachers with the shorter | ||||||
6 | length of
continuing service with the district shall be | ||||||
7 | dismissed first
unless an alternative method of determining | ||||||
8 | the sequence of dismissal is
established in a collective | ||||||
9 | bargaining agreement or contract between the
board and a | ||||||
10 | professional faculty members' organization and except that
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11 | this provision shall not impair the operation of any | ||||||
12 | affirmative action
program in the district, regardless of | ||||||
13 | whether it exists by operation of
law or is conducted on a | ||||||
14 | voluntary basis by the board. Any teacher
dismissed as a | ||||||
15 | result of such decrease or discontinuance shall be paid
all | ||||||
16 | earned compensation on or before the third business day | ||||||
17 | following
the last day of pupil attendance in the regular | ||||||
18 | school term. | ||||||
19 | If the
board has any vacancies for the following school | ||||||
20 | term or within one
calendar year from the beginning of the | ||||||
21 | following school term, the
positions thereby becoming | ||||||
22 | available shall be tendered to the teachers
so removed or | ||||||
23 | dismissed so far as they are legally qualified to hold
such | ||||||
24 | positions; provided, however, that if the number of honorable
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25 | dismissal notices based on economic necessity exceeds 15% of | ||||||
26 | the number of full-time
equivalent positions filled by |
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1 | certified employees (excluding
principals and administrative | ||||||
2 | personnel) during the preceding school year,
then if the board | ||||||
3 | has any vacancies for the following school term or within
2 | ||||||
4 | calendar years from the beginning of the following
school | ||||||
5 | term, the positions so becoming available shall be tendered to | ||||||
6 | the
teachers who were so notified and removed or dismissed | ||||||
7 | whenever they are
legally qualified to hold such positions. | ||||||
8 | Each board shall, in consultation
with any exclusive employee | ||||||
9 | representatives, each year establish a list,
categorized by | ||||||
10 | positions, showing the length of continuing service of each
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11 | teacher who is qualified to hold any such positions, unless an | ||||||
12 | alternative
method of determining a sequence of dismissal is | ||||||
13 | established as provided
for in this Section, in which case a | ||||||
14 | list shall be made in accordance with
the alternative method. | ||||||
15 | Copies of the list shall be distributed to the
exclusive | ||||||
16 | employee representative on or before February 1 of each year.
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17 | Whenever the number of honorable dismissal notices based upon | ||||||
18 | economic
necessity exceeds 5, or 150% of the average number of | ||||||
19 | teachers honorably
dismissed in the preceding 3 years, | ||||||
20 | whichever is more, then the board also
shall hold a public | ||||||
21 | hearing on the question of the dismissals. Following
the | ||||||
22 | hearing and board review, the action to approve any such | ||||||
23 | reduction shall
require a majority vote of the board members.
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24 | (b) This subsection (b) applies only to honorable | ||||||
25 | dismissals and recalls in which the notice of dismissal is | ||||||
26 | provided during the 2011-2012 school term or a subsequent |
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1 | school term. If any teacher, whether or not in contractual | ||||||
2 | continued service, is removed or dismissed as a result of a | ||||||
3 | decision of a school board to decrease the number of teachers | ||||||
4 | employed by the board, a decision of a school board to | ||||||
5 | discontinue some particular type of teaching service, or a | ||||||
6 | reduction in the number of programs or positions in a special | ||||||
7 | education joint agreement, then written notice must be mailed | ||||||
8 | to the teacher and also given to the teacher either by | ||||||
9 | electronic mail, certified mail, return receipt requested, or | ||||||
10 | personal delivery with receipt at least 45 days before the end | ||||||
11 | of the school term, together with a statement of honorable | ||||||
12 | dismissal and the reason therefor, and in all such cases the | ||||||
13 | sequence of dismissal shall occur in accordance with this | ||||||
14 | subsection (b); except that this subsection (b) shall not | ||||||
15 | impair the operation of any affirmative action program in the | ||||||
16 | school district, regardless of whether it exists by operation | ||||||
17 | of law or is conducted on a voluntary basis by the board. | ||||||
18 | Each teacher must be categorized into one or more | ||||||
19 | positions for which the teacher is qualified to hold, based | ||||||
20 | upon legal qualifications and any other qualifications | ||||||
21 | established in a district or joint agreement job description, | ||||||
22 | on or before the May 10 prior to the school year during which | ||||||
23 | the sequence of dismissal is determined. Within each position | ||||||
24 | and subject to agreements made by the joint committee on | ||||||
25 | honorable dismissals that are authorized by subsection (c) of | ||||||
26 | this Section, the school district or joint agreement must |
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1 | establish 4 groupings of teachers qualified to hold the | ||||||
2 | position as follows: | ||||||
3 | (1) Grouping one shall consist of each teacher who is | ||||||
4 | not in contractual continued service and who (i) has not | ||||||
5 | received a performance evaluation rating, (ii) is employed | ||||||
6 | for one school term or less to replace a teacher on leave, | ||||||
7 | or (iii) is employed on a part-time basis. "Part-time | ||||||
8 | basis" for the purposes of this subsection (b) means a | ||||||
9 | teacher who is employed to teach less than a full-day, | ||||||
10 | teacher workload or less than 5 days of the normal student | ||||||
11 | attendance week, unless otherwise provided for in a | ||||||
12 | collective bargaining agreement between the district and | ||||||
13 | the exclusive representative of the district's teachers. | ||||||
14 | For the purposes of this Section, a teacher (A) who is | ||||||
15 | employed as a full-time teacher but who actually teaches | ||||||
16 | or is otherwise present and participating in the | ||||||
17 | district's educational program for less than a school term | ||||||
18 | or (B) who, in the immediately previous school term, was | ||||||
19 | employed on a full-time basis and actually taught or was | ||||||
20 | otherwise present and participated in the district's | ||||||
21 | educational program for 120 days or more is not considered | ||||||
22 | employed on a part-time basis. | ||||||
23 | (2) Grouping 2 shall consist of each teacher with a | ||||||
24 | Needs Improvement or Unsatisfactory performance evaluation | ||||||
25 | rating on either of the teacher's last 2 performance | ||||||
26 | evaluation ratings. |
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1 | (3) Grouping 3 shall consist of each teacher with a | ||||||
2 | performance evaluation rating of at least Satisfactory or | ||||||
3 | Proficient on both of the teacher's last 2 performance | ||||||
4 | evaluation ratings, if 2 ratings are available, or on the | ||||||
5 | teacher's last performance evaluation rating, if only one | ||||||
6 | rating is available, unless the teacher qualifies for | ||||||
7 | placement into grouping 4. | ||||||
8 | (4) Grouping 4 shall consist of each teacher whose | ||||||
9 | last 2 performance evaluation ratings are Excellent and | ||||||
10 | each teacher with 2 Excellent performance evaluation | ||||||
11 | ratings out of the teacher's last 3 performance evaluation | ||||||
12 | ratings with a third rating of Satisfactory or Proficient. | ||||||
13 | Among teachers qualified to hold a position, teachers must | ||||||
14 | be dismissed in the order of their groupings, with teachers in | ||||||
15 | grouping one dismissed first and teachers in grouping 4 | ||||||
16 | dismissed last. | ||||||
17 | Within grouping one, the sequence of dismissal must be at | ||||||
18 | the discretion of the school district or joint agreement. | ||||||
19 | Within grouping 2, the sequence of dismissal must be based | ||||||
20 | upon average performance evaluation ratings, with the teacher | ||||||
21 | or teachers with the lowest average performance evaluation | ||||||
22 | rating dismissed first. A teacher's average performance | ||||||
23 | evaluation rating must be calculated using the average of the | ||||||
24 | teacher's last 2 performance evaluation ratings, if 2 ratings | ||||||
25 | are available, or the teacher's last performance evaluation | ||||||
26 | rating, if only one rating is available, using the following |
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1 | numerical values: 4 for Excellent; 3 for Proficient or | ||||||
2 | Satisfactory; 2 for Needs Improvement; and 1 for | ||||||
3 | Unsatisfactory. As between or among teachers in grouping 2 | ||||||
4 | with the same average performance evaluation rating and within | ||||||
5 | each of groupings 3 and 4, the teacher or teachers with the | ||||||
6 | shorter length of continuing service with the school district | ||||||
7 | or joint agreement must be dismissed first unless an | ||||||
8 | alternative method of determining the sequence of dismissal is | ||||||
9 | established in a collective bargaining agreement or contract | ||||||
10 | between the board and a professional faculty members' | ||||||
11 | organization. | ||||||
12 | Each board, including the governing board of a joint | ||||||
13 | agreement, shall, in consultation with any exclusive employee | ||||||
14 | representatives, each year establish a sequence of honorable | ||||||
15 | dismissal list categorized by positions and the groupings | ||||||
16 | defined in this subsection (b). Copies of the list showing | ||||||
17 | each teacher by name , along with the race or ethnicity of the | ||||||
18 | teacher if provided by the teacher, and categorized by | ||||||
19 | positions and the groupings defined in this subsection (b) | ||||||
20 | must be distributed to the exclusive bargaining representative | ||||||
21 | at least 75 days before the end of the school term, provided | ||||||
22 | that the school district or joint agreement may, with notice | ||||||
23 | to any exclusive employee representatives, move teachers from | ||||||
24 | grouping one into another grouping during the period of time | ||||||
25 | from 75 days until 45 days before the end of the school term. | ||||||
26 | Each year, each board shall also establish, in consultation |
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1 | with any exclusive employee representatives, a list showing | ||||||
2 | the length of continuing service of each teacher who is | ||||||
3 | qualified to hold any such positions, unless an alternative | ||||||
4 | method of determining a sequence of dismissal is established | ||||||
5 | as provided for in this Section, in which case a list must be | ||||||
6 | made in accordance with the alternative method. Copies of the | ||||||
7 | list must be distributed to the exclusive employee | ||||||
8 | representative at least 75 days before the end of the school | ||||||
9 | 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 grouping 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) |
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1 | during the preceding school year, then the recall period is | ||||||
2 | for the following school term or within 2 calendar years from | ||||||
3 | the beginning of the following school term. If the board or | ||||||
4 | joint 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 | ||||||
7 | 1, but no later than 6 months from the beginning of the | ||||||
8 | following school term, is established in a collective | ||||||
9 | bargaining agreement), the positions thereby becoming | ||||||
10 | available must be tendered to the teachers so removed or | ||||||
11 | dismissed who were in grouping 2 of the sequence of dismissal | ||||||
12 | due to one "needs improvement" rating on either of the | ||||||
13 | teacher's last 2 performance evaluation ratings, provided | ||||||
14 | that, if 2 ratings are available, the other performance | ||||||
15 | evaluation rating used for grouping purposes is | ||||||
16 | "satisfactory", "proficient", or "excellent", and are | ||||||
17 | qualified to hold the positions, based upon legal | ||||||
18 | qualifications and any other qualifications established in a | ||||||
19 | district or joint agreement job description, on or before the | ||||||
20 | May 10 prior to the date of the positions becoming available. | ||||||
21 | On and after July 1, 2014 (the effective date of Public Act | ||||||
22 | 98-648), the preceding sentence shall apply to teachers | ||||||
23 | removed or dismissed by honorable dismissal, even if notice of | ||||||
24 | honorable dismissal occurred during the 2013-2014 school year. | ||||||
25 | Among teachers eligible for recall pursuant to the preceding | ||||||
26 | sentence, the order of recall must be in inverse order of |
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1 | 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 | ||||||
6 | 150% of the average number of teachers honorably dismissed in | ||||||
7 | the preceding 3 years, whichever is more, then the school | ||||||
8 | board or governing board of a joint agreement, as applicable, | ||||||
9 | shall also hold a public hearing on the question of the | ||||||
10 | dismissals. Following the hearing and board review, the action | ||||||
11 | to approve any such reduction shall require a majority vote of | ||||||
12 | the board 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 | ||||||
20 | determining the sequence of dismissal, not including any | ||||||
21 | performance evaluation conducted during or at the end of a | ||||||
22 | remediation period. No more than one evaluation rating each | ||||||
23 | school term shall be one of the evaluation ratings used for the | ||||||
24 | purpose of determining the sequence of dismissal. Except as | ||||||
25 | otherwise provided in this subsection for any performance | ||||||
26 | evaluations conducted during or at the end of a remediation |
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1 | period, if multiple performance evaluations are conducted in a | ||||||
2 | school term, only the rating from the last evaluation | ||||||
3 | conducted prior to establishing the sequence of honorable | ||||||
4 | dismissal list in such school term shall be the one evaluation | ||||||
5 | rating from that school term used for the purpose of | ||||||
6 | determining the sequence of dismissal. Averaging ratings from | ||||||
7 | multiple evaluations is not permitted unless otherwise agreed | ||||||
8 | to in a collective bargaining agreement or contract between | ||||||
9 | the board and a professional faculty members' organization. | ||||||
10 | The preceding 3 sentences are not a legislative declaration | ||||||
11 | that existing law does or does not already require that only | ||||||
12 | one performance evaluation each school term shall be used for | ||||||
13 | the purpose of determining the sequence of dismissal. For | ||||||
14 | performance evaluation ratings determined prior to September | ||||||
15 | 1, 2012, any school district or joint agreement with a | ||||||
16 | performance evaluation rating system that does not use either | ||||||
17 | of the rating category systems specified in subsection (d) of | ||||||
18 | Section 24A-5 of this Code for all teachers must establish a | ||||||
19 | basis for assigning each teacher a rating that complies with | ||||||
20 | subsection (d) of Section 24A-5 of this Code for all of the | ||||||
21 | performance evaluation ratings that are to be used to | ||||||
22 | determine the sequence of dismissal. A teacher's grouping and | ||||||
23 | ranking on a sequence of honorable dismissal shall be deemed a | ||||||
24 | part of the teacher's performance evaluation, and that | ||||||
25 | information shall be disclosed to the exclusive bargaining | ||||||
26 | representative as part of a sequence of honorable dismissal |
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1 | list, notwithstanding any laws prohibiting disclosure of such | ||||||
2 | information. A performance evaluation rating may be used to | ||||||
3 | determine the sequence of dismissal, notwithstanding the | ||||||
4 | pendency of any grievance resolution or arbitration procedures | ||||||
5 | relating to the performance evaluation. If a teacher has | ||||||
6 | received at least one performance evaluation rating conducted | ||||||
7 | by the school district or joint agreement determining the | ||||||
8 | sequence of dismissal and a subsequent performance evaluation | ||||||
9 | is not conducted in any school year in which such evaluation is | ||||||
10 | required to be conducted under Section 24A-5 of this Code, the | ||||||
11 | teacher's performance evaluation rating for that school year | ||||||
12 | for purposes of determining the sequence of dismissal is | ||||||
13 | deemed Proficient, except that, during any time in which the | ||||||
14 | Governor has declared a disaster due to a public health | ||||||
15 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
16 | Management Agency Act, this default to Proficient does not | ||||||
17 | apply to any teacher who has entered into contractual | ||||||
18 | continued service and who was deemed Excellent on his or her | ||||||
19 | most recent evaluation. During any time in which the Governor | ||||||
20 | has declared a disaster due to a public health emergency | ||||||
21 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
22 | Agency Act and unless the school board and any exclusive | ||||||
23 | bargaining representative have completed the performance | ||||||
24 | rating for teachers or have mutually agreed to an alternate | ||||||
25 | performance rating, any teacher who has entered into | ||||||
26 | contractual continued service, whose most recent evaluation |
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1 | was deemed Excellent, and whose performance evaluation is not | ||||||
2 | conducted when the evaluation is required to be conducted | ||||||
3 | shall receive a teacher's performance rating deemed Excellent. | ||||||
4 | A school board and any exclusive bargaining representative may | ||||||
5 | mutually agree to an alternate performance rating for teachers | ||||||
6 | not in contractual continued service during any time in which | ||||||
7 | the Governor has declared a disaster due to a public health | ||||||
8 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
9 | Management Agency Act, as long as the agreement is in writing. | ||||||
10 | If a performance evaluation rating is nullified as the result | ||||||
11 | of an arbitration, administrative agency, or court | ||||||
12 | determination, then the school district or joint agreement is | ||||||
13 | deemed to have conducted a performance evaluation for that | ||||||
14 | school year, but the performance evaluation rating may not be | ||||||
15 | used in determining the sequence of dismissal. | ||||||
16 | Nothing in this subsection (b) shall be construed as | ||||||
17 | limiting the right of a school board or governing board of a | ||||||
18 | joint agreement to dismiss a teacher not in contractual | ||||||
19 | continued service in accordance with Section 24-11 of this | ||||||
20 | Code. | ||||||
21 | Any provisions regarding the sequence of honorable | ||||||
22 | dismissals and recall of honorably dismissed teachers in a | ||||||
23 | collective bargaining agreement entered into on or before | ||||||
24 | January 1, 2011 and in effect on June 13, 2011 (the effective | ||||||
25 | date of Public Act 97-8) that may conflict with Public Act 97-8 | ||||||
26 | shall remain in effect through the expiration of such |
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1 | agreement or June 30, 2013, whichever is earlier. | ||||||
2 | (c) Each school district and special education joint | ||||||
3 | agreement must use a joint committee composed of equal | ||||||
4 | representation selected by the school board and its teachers | ||||||
5 | or, if applicable, the exclusive bargaining representative of | ||||||
6 | its teachers, to address the matters described in paragraphs | ||||||
7 | (1) through (5) of this subsection (c) pertaining to honorable | ||||||
8 | dismissals under subsection (b) of this Section. | ||||||
9 | (1) The joint committee must consider and may agree to | ||||||
10 | criteria for excluding from grouping 2 and placing into | ||||||
11 | grouping 3 a teacher whose last 2 performance evaluations | ||||||
12 | include a Needs Improvement and either a Proficient or | ||||||
13 | Excellent. | ||||||
14 | (2) The joint committee must consider and may agree to | ||||||
15 | an alternative definition for grouping 4, which definition | ||||||
16 | must take into account prior performance evaluation | ||||||
17 | ratings and may take into account other factors that | ||||||
18 | relate to the school district's or program's educational | ||||||
19 | objectives. An alternative definition for grouping 4 may | ||||||
20 | not permit the inclusion of a teacher in the grouping with | ||||||
21 | a Needs Improvement or Unsatisfactory performance | ||||||
22 | evaluation rating on either of the teacher's last 2 | ||||||
23 | performance evaluation ratings. | ||||||
24 | (3) The joint committee may agree to including within | ||||||
25 | the definition of a performance evaluation rating a | ||||||
26 | performance evaluation rating administered by a school |
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1 | district or joint agreement other than the school district | ||||||
2 | or joint agreement determining the sequence of dismissal. | ||||||
3 | (4) For each school district or joint agreement that | ||||||
4 | administers performance evaluation ratings that are | ||||||
5 | inconsistent with either of the rating category systems | ||||||
6 | specified in subsection (d) of Section 24A-5 of this Code, | ||||||
7 | the school district or joint agreement must consult with | ||||||
8 | the joint committee on the basis for assigning a rating | ||||||
9 | that complies with subsection (d) of Section 24A-5 of this | ||||||
10 | Code to each performance evaluation rating that will be | ||||||
11 | used in a sequence of dismissal. | ||||||
12 | (5) Upon request by a joint committee member submitted | ||||||
13 | to the employing board by no later than 10 days after the | ||||||
14 | distribution of the sequence of honorable dismissal list, | ||||||
15 | a representative of the employing board shall, within 5 | ||||||
16 | days after the request, provide to members of the joint | ||||||
17 | committee a list showing the most recent and prior | ||||||
18 | performance evaluation ratings of each teacher identified | ||||||
19 | only by length of continuing service in the district or | ||||||
20 | joint agreement and not by name. If, after review of this | ||||||
21 | list, a member of the joint committee has a good faith | ||||||
22 | belief that a disproportionate number of teachers with | ||||||
23 | greater length of continuing service with the district or | ||||||
24 | joint agreement have received a recent performance | ||||||
25 | evaluation rating lower than the prior rating, the member | ||||||
26 | may request that the joint committee review the list to |
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1 | assess whether such a trend may exist. Following the joint | ||||||
2 | committee's review, but by no later than the end of the | ||||||
3 | applicable school term, the joint committee or any member | ||||||
4 | or members of the joint committee may submit a report of | ||||||
5 | the review to the employing board and exclusive bargaining | ||||||
6 | representative, if any. Nothing in this paragraph (5) | ||||||
7 | shall impact the order of honorable dismissal or a school | ||||||
8 | district's or joint agreement's authority to carry out a | ||||||
9 | dismissal in accordance with subsection (b) of this | ||||||
10 | Section. | ||||||
11 | Agreement by the joint committee as to a matter requires | ||||||
12 | the majority vote of all committee members, and if the joint | ||||||
13 | committee does not reach agreement on a matter, then the | ||||||
14 | otherwise applicable requirements of subsection (b) of this | ||||||
15 | Section shall apply. Except as explicitly set forth in this | ||||||
16 | subsection (c), a joint committee has no authority to agree to | ||||||
17 | any further modifications to the requirements for honorable | ||||||
18 | dismissals set forth in subsection (b) of this Section.
The | ||||||
19 | joint committee must be established, and the first meeting of | ||||||
20 | the joint committee each school year must occur on or before | ||||||
21 | December 1. | ||||||
22 | The joint committee must reach agreement on a matter on or | ||||||
23 | before February 1 of a school year in order for the agreement | ||||||
24 | of the joint committee to apply to the sequence of dismissal | ||||||
25 | determined during that school year. Subject to the February 1 | ||||||
26 | deadline for agreements, the agreement of a joint committee on |
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1 | a matter shall apply to the sequence of dismissal until the | ||||||
2 | agreement is amended or terminated by the joint committee. | ||||||
3 | The provisions of the Open Meetings Act shall not apply to | ||||||
4 | meetings of a joint committee created under this subsection | ||||||
5 | (c). | ||||||
6 | (d) Notwithstanding anything to the contrary in this | ||||||
7 | subsection (d), the requirements and dismissal procedures of | ||||||
8 | Section 24-16.5 of this Code shall apply to any dismissal | ||||||
9 | sought under Section 24-16.5 of this Code. | ||||||
10 | (1) If a dismissal of a teacher in contractual | ||||||
11 | continued service is sought for any reason or cause other | ||||||
12 | than an honorable dismissal under subsections (a) or (b) | ||||||
13 | of this Section or a dismissal sought under Section | ||||||
14 | 24-16.5 of this Code,
including those under Section | ||||||
15 | 10-22.4, the board must first approve a
motion containing | ||||||
16 | specific charges by a majority vote of all its
members. | ||||||
17 | Written notice of such charges, including a bill of | ||||||
18 | particulars and the teacher's right to request a hearing, | ||||||
19 | must be mailed to the teacher and also given to the teacher | ||||||
20 | either by electronic mail, certified mail, return receipt | ||||||
21 | requested, or personal delivery with receipt
within 5 days | ||||||
22 | of the adoption of the motion. Any written notice sent on | ||||||
23 | or after July 1, 2012 shall inform the teacher of the right | ||||||
24 | to request a hearing before a mutually selected hearing | ||||||
25 | officer, with the cost of the hearing officer split | ||||||
26 | equally between the teacher and the board, or a hearing |
| |||||||
| |||||||
1 | before a board-selected hearing officer, with the cost of | ||||||
2 | the hearing officer paid by the board. | ||||||
3 | Before setting a hearing on charges stemming from | ||||||
4 | causes that are considered remediable, a board must give | ||||||
5 | the teacher reasonable warning in writing, stating | ||||||
6 | specifically the causes that, if not removed, may result | ||||||
7 | in charges; however, no such written warning is required | ||||||
8 | if the causes have been the subject of a remediation plan | ||||||
9 | pursuant to Article 24A of this Code. | ||||||
10 | If, in the opinion of the board, the interests of the | ||||||
11 | school require it, the board may suspend the teacher | ||||||
12 | without pay, pending the hearing, but if the board's | ||||||
13 | dismissal or removal is not sustained, the teacher shall | ||||||
14 | not suffer the loss of any salary or benefits by reason of | ||||||
15 | the suspension. | ||||||
16 | (2) No hearing upon the charges is required unless the
| ||||||
17 | teacher within 17 days after receiving notice requests in | ||||||
18 | writing of the
board that a hearing be scheduled before a | ||||||
19 | mutually selected hearing officer or a hearing officer | ||||||
20 | selected by the board.
The secretary of the school board | ||||||
21 | shall forward a copy of the notice to the
State Board of | ||||||
22 | Education. | ||||||
23 | (3) Within 5 business days after receiving a notice of
| ||||||
24 | hearing in which either notice to the teacher was sent | ||||||
25 | before July 1, 2012 or, if the notice was sent on or after | ||||||
26 | July 1, 2012, the teacher has requested a hearing before a |
| |||||||
| |||||||
1 | mutually selected hearing officer, the State Board of | ||||||
2 | Education shall provide a list of 5
prospective, impartial | ||||||
3 | hearing officers from the master list of qualified, | ||||||
4 | impartial hearing officers maintained by the State Board | ||||||
5 | of Education. Each person on the master list must (i) be
| ||||||
6 | accredited by a national arbitration organization and have | ||||||
7 | had a minimum of 5
years of experience directly related to | ||||||
8 | labor and employment
relations matters between employers | ||||||
9 | and employees or
their exclusive bargaining | ||||||
10 | representatives and (ii) beginning September 1, 2012, have | ||||||
11 | participated in training provided or approved by the State | ||||||
12 | Board of Education for teacher dismissal hearing officers | ||||||
13 | so that he or she is familiar with issues generally | ||||||
14 | involved in evaluative and non-evaluative dismissals. | ||||||
15 | If notice to the teacher was sent before July 1, 2012 | ||||||
16 | or, if the notice was sent on or after July 1, 2012, the | ||||||
17 | teacher has requested a hearing before a mutually selected | ||||||
18 | hearing officer, the board and the teacher or their
legal | ||||||
19 | representatives within 3 business days shall alternately | ||||||
20 | strike one name from
the list provided by the State Board | ||||||
21 | of Education until only one name remains. Unless waived by | ||||||
22 | the teacher, the
teacher shall have the right to
proceed | ||||||
23 | first with the striking.
Within 3 business days of receipt | ||||||
24 | of the list provided by the State Board of
Education, the | ||||||
25 | board and the teacher or their legal representatives shall | ||||||
26 | each
have the right to reject all prospective hearing |
| |||||||
| |||||||
1 | officers named on the
list and notify the State Board of | ||||||
2 | Education of such rejection. Within 3 business days after | ||||||
3 | receiving this notification, the State
Board of Education | ||||||
4 | shall appoint a qualified person from the master list who | ||||||
5 | did not appear on the list sent to the parties to serve as | ||||||
6 | the hearing officer, unless the parties notify it that | ||||||
7 | they have chosen to alternatively select a hearing officer | ||||||
8 | under paragraph (4) of this subsection (d). | ||||||
9 | If the teacher has requested a hearing before a | ||||||
10 | hearing officer selected by the board, the board shall | ||||||
11 | select one name from the master list of qualified | ||||||
12 | impartial hearing officers maintained by the State Board | ||||||
13 | of Education within 3 business days after receipt and | ||||||
14 | shall notify the State Board of Education of its | ||||||
15 | selection. | ||||||
16 | A hearing officer mutually selected by the parties, | ||||||
17 | selected by the board, or selected through an alternative | ||||||
18 | selection process under paragraph (4) of this subsection | ||||||
19 | (d) (A) must not be a resident of the school district, (B) | ||||||
20 | must be available to commence the hearing within 75 days | ||||||
21 | and conclude the hearing within 120 days after being | ||||||
22 | selected as the hearing officer, and (C) must issue a | ||||||
23 | decision as to whether the teacher must be dismissed and | ||||||
24 | give a copy of that decision to both the teacher and the | ||||||
25 | board within 30 days from the conclusion of the hearing or | ||||||
26 | closure of the record, whichever is later. |
| |||||||
| |||||||
1 | Any hearing convened during a public health emergency | ||||||
2 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
3 | Agency Act may be convened remotely. Any hearing officer | ||||||
4 | for a hearing convened during a public health emergency | ||||||
5 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
6 | Agency Act may voluntarily withdraw from the hearing and | ||||||
7 | another hearing officer shall be selected or appointed | ||||||
8 | pursuant to this Section. | ||||||
9 | In this paragraph, "pre-hearing procedures" refers to | ||||||
10 | the pre-hearing procedures under Section 51.55 of Title 23 | ||||||
11 | of the Illinois Administrative Code and "hearing" refers | ||||||
12 | to the hearing under Section 51.60 of Title 23 of the | ||||||
13 | Illinois Administrative Code. Any teacher who has been | ||||||
14 | charged with engaging in acts of corporal punishment, | ||||||
15 | physical abuse, grooming, or sexual misconduct and who | ||||||
16 | previously paused pre-hearing procedures or a hearing | ||||||
17 | pursuant to Public Act 101-643 must proceed with selection | ||||||
18 | of a hearing officer or hearing date, or both, within the | ||||||
19 | timeframes established by this paragraph (3) and | ||||||
20 | paragraphs (4) through (6) of this subsection (d), unless | ||||||
21 | the timeframes are mutually waived in writing by both | ||||||
22 | parties, and all timelines set forth in this Section in | ||||||
23 | cases concerning corporal punishment, physical abuse, | ||||||
24 | grooming, or sexual misconduct shall be reset to begin the | ||||||
25 | day after the effective date of this amendatory Act of the | ||||||
26 | 102nd General Assembly. Any teacher charged with engaging |
| |||||||
| |||||||
1 | in acts of corporal punishment, physical abuse, grooming, | ||||||
2 | or sexual misconduct on or after the effective date of | ||||||
3 | this amendatory Act of the 102nd General Assembly may not | ||||||
4 | pause pre-hearing procedures or a hearing. | ||||||
5 | (4) In the alternative
to selecting a hearing officer | ||||||
6 | from the list received from the
State Board of Education | ||||||
7 | or accepting the appointment of a hearing officer by the | ||||||
8 | State Board of Education or if the State Board of | ||||||
9 | Education cannot provide a list or appoint a hearing | ||||||
10 | officer that meets the foregoing requirements, the board | ||||||
11 | and the teacher or their legal
representatives may | ||||||
12 | mutually agree to select an impartial hearing officer who
| ||||||
13 | is not on the master list either by direct
appointment by | ||||||
14 | the parties or by using procedures for the appointment of | ||||||
15 | an
arbitrator established by the Federal Mediation and | ||||||
16 | Conciliation Service or the
American Arbitration | ||||||
17 | Association. The parties shall notify the State Board of
| ||||||
18 | Education of their intent to select a hearing officer | ||||||
19 | using an alternative
procedure within 3 business days of | ||||||
20 | receipt of a list of prospective hearing officers
provided | ||||||
21 | by the State Board of Education, notice of appointment of | ||||||
22 | a hearing officer by the State Board of Education, or | ||||||
23 | receipt of notice from the State Board of Education that | ||||||
24 | it cannot provide a list that meets the foregoing | ||||||
25 | requirements, whichever is later. | ||||||
26 | (5) If the notice of dismissal was sent to the teacher |
| |||||||
| |||||||
1 | before July 1, 2012, the fees and costs for the hearing | ||||||
2 | officer must be paid by the State Board of Education. If | ||||||
3 | the notice of dismissal was sent to the teacher on or after | ||||||
4 | July 1, 2012, the hearing officer's fees and costs must be | ||||||
5 | paid as follows in this paragraph (5). The fees and | ||||||
6 | permissible costs for the hearing officer must be | ||||||
7 | determined by the State Board of Education. If the board | ||||||
8 | and the teacher or their legal representatives mutually | ||||||
9 | agree to select an impartial hearing officer who is not on | ||||||
10 | a list received from the State Board of Education, they | ||||||
11 | may agree to supplement the fees determined by the State | ||||||
12 | Board to the hearing officer, at a rate consistent with | ||||||
13 | the hearing officer's published professional fees. If the | ||||||
14 | hearing officer is mutually selected by the parties, then | ||||||
15 | the board and the teacher or their legal representatives | ||||||
16 | shall each pay 50% of the fees and costs and any | ||||||
17 | supplemental allowance to which they agree. If the hearing | ||||||
18 | officer is selected by the board, then the board shall pay | ||||||
19 | 100% of the hearing officer's fees and costs. The fees and | ||||||
20 | costs must be paid to the hearing officer within 14 days | ||||||
21 | after the board and the teacher or their legal | ||||||
22 | representatives receive the hearing officer's decision set | ||||||
23 | forth in paragraph (7) of this subsection (d). | ||||||
24 | (6) The teacher is required to answer the bill of | ||||||
25 | particulars and aver affirmative matters in his or her | ||||||
26 | defense, and the time for initially doing so and the time |
| |||||||
| |||||||
1 | for updating such answer and defenses after pre-hearing | ||||||
2 | discovery must be set by the hearing officer.
The State | ||||||
3 | Board of Education shall
promulgate rules so that each | ||||||
4 | party has a fair opportunity to present its case and to | ||||||
5 | ensure that the dismissal process proceeds in a fair and | ||||||
6 | expeditious manner. These rules shall address, without | ||||||
7 | limitation, discovery and hearing scheduling conferences; | ||||||
8 | the teacher's initial answer and affirmative defenses to | ||||||
9 | the bill of particulars and the updating of that | ||||||
10 | information after pre-hearing discovery; provision for | ||||||
11 | written interrogatories and requests for production of | ||||||
12 | documents; the requirement that each party initially | ||||||
13 | disclose to the other party and then update the disclosure | ||||||
14 | no later than 10 calendar days prior to the commencement | ||||||
15 | of the hearing, the names and addresses of persons who may | ||||||
16 | be called as
witnesses at the hearing, a summary of the | ||||||
17 | facts or opinions each witness will testify to, and all | ||||||
18 | other
documents and materials, including information | ||||||
19 | maintained electronically, relevant to its own as well as | ||||||
20 | the other party's case (the hearing officer may exclude | ||||||
21 | witnesses and exhibits not identified and shared, except | ||||||
22 | those offered in rebuttal for which the party could not | ||||||
23 | reasonably have anticipated prior to the hearing); | ||||||
24 | pre-hearing discovery and preparation, including provision | ||||||
25 | for written interrogatories and requests for production of | ||||||
26 | documents, provided that discovery depositions are |
| |||||||
| |||||||
1 | prohibited; the conduct of the hearing; the right of each | ||||||
2 | party to be represented by counsel, the offer of evidence | ||||||
3 | and witnesses and the cross-examination of witnesses; the | ||||||
4 | authority of the hearing officer to issue subpoenas and | ||||||
5 | subpoenas duces tecum, provided that the hearing officer | ||||||
6 | may limit the number of witnesses to be subpoenaed on | ||||||
7 | behalf of each party to no more than 7; the length of | ||||||
8 | post-hearing briefs; and the form, length, and content of | ||||||
9 | hearing officers' decisions. The hearing officer
shall | ||||||
10 | hold a hearing and render a final decision for dismissal | ||||||
11 | pursuant to Article 24A of this Code or shall report to the | ||||||
12 | school board findings of fact and a recommendation as to | ||||||
13 | whether or not the teacher must be dismissed for conduct. | ||||||
14 | The hearing officer shall commence the hearing within 75 | ||||||
15 | days and conclude the hearing within 120 days after being | ||||||
16 | selected as the hearing officer, provided that the hearing | ||||||
17 | officer may modify these timelines upon the showing of | ||||||
18 | good cause or mutual agreement of the parties. Good cause | ||||||
19 | for the purpose of this subsection (d) shall mean the | ||||||
20 | illness or otherwise unavoidable emergency of the teacher, | ||||||
21 | district representative, their legal representatives, the | ||||||
22 | hearing officer, or an essential witness as indicated in | ||||||
23 | each party's pre-hearing submission. In a dismissal | ||||||
24 | hearing pursuant to Article 24A of this Code in which a | ||||||
25 | witness is a student or is under the age of 18, the hearing | ||||||
26 | officer must make accommodations for the witness, as |
| |||||||
| |||||||
1 | provided under paragraph (6.5) of this subsection. The | ||||||
2 | hearing officer shall consider and give weight to all of | ||||||
3 | the teacher's evaluations written pursuant to Article 24A | ||||||
4 | that are relevant to the issues in the hearing. | ||||||
5 | Each party shall have no more than 3 days to present | ||||||
6 | its case, unless extended by the hearing officer to enable | ||||||
7 | a party to present adequate evidence and testimony, | ||||||
8 | including due to the other party's cross-examination of | ||||||
9 | the party's witnesses, for good cause or by mutual | ||||||
10 | agreement of the parties. The State Board of Education | ||||||
11 | shall define in rules the meaning of "day" for such | ||||||
12 | purposes. All testimony at the hearing shall be taken | ||||||
13 | under oath
administered by the hearing officer. The | ||||||
14 | hearing officer shall cause a
record of the proceedings to | ||||||
15 | be kept and shall employ a competent reporter
to take | ||||||
16 | stenographic or stenotype notes of all the testimony. The | ||||||
17 | costs of
the reporter's attendance and services at the | ||||||
18 | hearing shall be paid by the party or parties who are | ||||||
19 | responsible for paying the fees and costs of the hearing | ||||||
20 | officer. Either party desiring a transcript of the hearing
| ||||||
21 | shall pay for the cost thereof. Any post-hearing briefs | ||||||
22 | must be submitted by the parties by no later than 21 days | ||||||
23 | after a party's receipt of the transcript of the hearing, | ||||||
24 | unless extended by the hearing officer for good cause or | ||||||
25 | by mutual agreement of the parties. | ||||||
26 | (6.5) In the case of charges involving sexual abuse or |
| |||||||
| |||||||
1 | severe physical abuse of a student or a person under the | ||||||
2 | age of 18, the hearing officer shall make alternative | ||||||
3 | hearing procedures to protect a witness who is a student | ||||||
4 | or who is under the age of 18 from being intimidated or | ||||||
5 | traumatized. Alternative hearing procedures may include, | ||||||
6 | but are not limited to: (i) testimony made via a | ||||||
7 | telecommunication device in a location other than the | ||||||
8 | hearing room and outside the physical presence of the | ||||||
9 | teacher and other hearing participants, (ii) testimony | ||||||
10 | outside the physical presence of the teacher, or (iii) | ||||||
11 | non-public testimony. During a testimony described under | ||||||
12 | this subsection, each party must be permitted to ask a | ||||||
13 | witness who is a student or who is under 18 years of age | ||||||
14 | all relevant questions and follow-up questions. All | ||||||
15 | questions must exclude evidence of the witness' sexual | ||||||
16 | behavior or predisposition, unless the evidence is offered | ||||||
17 | to prove that someone other than the teacher subject to | ||||||
18 | the dismissal hearing engaged in the charge at issue. | ||||||
19 | (7) The hearing officer shall, within 30 days from the | ||||||
20 | conclusion of the
hearing or closure of the record, | ||||||
21 | whichever is later,
make a decision as to whether or not | ||||||
22 | the teacher shall be dismissed pursuant to Article 24A of | ||||||
23 | this Code or report to the school board findings of fact | ||||||
24 | and a recommendation as to whether or not the teacher | ||||||
25 | shall be dismissed for cause and
shall give a copy of the | ||||||
26 | decision or findings of fact and recommendation to both |
| |||||||
| |||||||
1 | the teacher and the school
board.
If a hearing officer | ||||||
2 | fails
without good cause, specifically provided in writing | ||||||
3 | to both parties and the State Board of Education, to | ||||||
4 | render a decision or findings of fact and recommendation | ||||||
5 | within 30 days after the hearing is
concluded or the
| ||||||
6 | record is closed, whichever is later,
the
parties may | ||||||
7 | mutually agree to select a hearing officer pursuant to the
| ||||||
8 | alternative
procedure, as provided in this Section,
to | ||||||
9 | rehear the charges heard by the hearing officer who failed | ||||||
10 | to render a
decision or findings of fact and | ||||||
11 | recommendation or to review the record and render a | ||||||
12 | decision.
If any hearing
officer fails without good cause, | ||||||
13 | specifically provided in writing to both parties and the | ||||||
14 | State Board of Education, to render a decision or findings | ||||||
15 | of fact and recommendation within 30 days after the
| ||||||
16 | hearing is concluded or the record is closed, whichever is | ||||||
17 | later, the hearing
officer shall be removed
from the | ||||||
18 | master
list of hearing officers maintained by the State | ||||||
19 | Board of Education for not more than 24 months. The | ||||||
20 | parties and the State Board of Education may also take | ||||||
21 | such other actions as it deems appropriate, including | ||||||
22 | recovering, reducing, or withholding any fees paid or to | ||||||
23 | be paid to the hearing officer. If any hearing officer | ||||||
24 | repeats such failure, he or she must be permanently | ||||||
25 | removed from the master list maintained by the State Board | ||||||
26 | of Education and may not be selected by parties through |
| |||||||
| |||||||
1 | the alternative selection process under this paragraph (7) | ||||||
2 | or paragraph (4) of this subsection (d).
The board shall | ||||||
3 | not lose jurisdiction to discharge a teacher if the | ||||||
4 | hearing
officer fails to render a decision or findings of | ||||||
5 | fact and recommendation within the time specified in this
| ||||||
6 | Section. If the decision of the hearing officer for | ||||||
7 | dismissal pursuant to Article 24A of this Code or of the | ||||||
8 | school board for dismissal for cause is in favor of the | ||||||
9 | teacher, then the hearing officer or school board shall | ||||||
10 | order reinstatement to the same or substantially | ||||||
11 | equivalent position and shall determine the amount for | ||||||
12 | which the school board is liable, including, but not | ||||||
13 | limited to, loss of income and benefits. | ||||||
14 | (8) The school board, within 45 days after receipt of | ||||||
15 | the hearing officer's findings of fact and recommendation | ||||||
16 | as to whether (i) the conduct at issue occurred, (ii) the | ||||||
17 | conduct that did occur was remediable, and (iii) the | ||||||
18 | proposed dismissal should be sustained, shall issue a | ||||||
19 | written order as to whether the teacher must be retained | ||||||
20 | or dismissed for cause from its employ. The school board's | ||||||
21 | written order shall incorporate the hearing officer's | ||||||
22 | findings of fact, except that the school board may modify | ||||||
23 | or supplement the findings of fact if, in its opinion, the | ||||||
24 | findings of fact are against the manifest weight of the | ||||||
25 | evidence. | ||||||
26 | If the school board dismisses the teacher |
| |||||||
| |||||||
1 | notwithstanding the hearing officer's findings of fact and | ||||||
2 | recommendation, the school board shall make a conclusion | ||||||
3 | in its written order, giving its reasons therefor, and | ||||||
4 | such conclusion and reasons must be included in its | ||||||
5 | written order. The failure of the school board to strictly | ||||||
6 | adhere to the timelines contained in this Section shall | ||||||
7 | not render it without jurisdiction to dismiss the teacher. | ||||||
8 | The school board shall not lose jurisdiction to discharge | ||||||
9 | the teacher for cause if the hearing officer fails to | ||||||
10 | render a recommendation within the time specified in this | ||||||
11 | Section. The decision of the school board is final, unless | ||||||
12 | reviewed as provided in paragraph (9) of this subsection | ||||||
13 | (d). | ||||||
14 | If the school board retains the teacher, the school | ||||||
15 | board shall enter a written order stating the amount of | ||||||
16 | back pay and lost benefits, less mitigation, to be paid to | ||||||
17 | the teacher, within 45 days after its retention order. | ||||||
18 | Should the teacher object to the amount of the back pay and | ||||||
19 | lost benefits or amount mitigated, the teacher shall give | ||||||
20 | written objections to the amount within 21 days. If the | ||||||
21 | parties fail to reach resolution within 7 days, the | ||||||
22 | dispute shall be referred to the hearing officer, who | ||||||
23 | shall consider the school board's written order and | ||||||
24 | teacher's written objection and determine the amount to | ||||||
25 | which the school board is liable. The costs of the hearing | ||||||
26 | officer's review and determination must be paid by the |
| |||||||
| |||||||
1 | board. | ||||||
2 | (9)
The decision of the hearing officer pursuant to | ||||||
3 | Article 24A of this Code or of the school board's decision | ||||||
4 | to dismiss for cause is final unless reviewed as
provided | ||||||
5 | in Section 24-16 of this Code. If the school board's | ||||||
6 | decision to dismiss for cause is contrary to the hearing | ||||||
7 | officer's recommendation, the court on review shall give | ||||||
8 | consideration to the school board's decision and its | ||||||
9 | supplemental findings of fact, if applicable, and the | ||||||
10 | hearing officer's findings of fact and recommendation in | ||||||
11 | making its decision. In the event such review is
| ||||||
12 | instituted, the school board shall be responsible for | ||||||
13 | preparing and filing the record of proceedings, and such | ||||||
14 | costs associated therewith must be divided equally between | ||||||
15 | the parties.
| ||||||
16 | (10) If a decision of the hearing officer for | ||||||
17 | dismissal pursuant to Article 24A of this Code or of the | ||||||
18 | school board for dismissal for cause is adjudicated upon | ||||||
19 | review or
appeal in favor of the teacher, then the trial | ||||||
20 | court shall order
reinstatement and shall remand the | ||||||
21 | matter to the school board with direction for entry of an | ||||||
22 | order setting the amount of back pay, lost benefits, and | ||||||
23 | costs, less mitigation. The teacher may challenge the | ||||||
24 | school board's order setting the amount of back pay, lost | ||||||
25 | benefits, and costs, less mitigation, through an expedited | ||||||
26 | arbitration procedure, with the costs of the arbitrator |
| |||||||
| |||||||
1 | borne by the school board.
| ||||||
2 | Any teacher who is reinstated by any hearing or | ||||||
3 | adjudication brought
under this Section shall be assigned | ||||||
4 | by the board to a position
substantially similar to the | ||||||
5 | one which that teacher held prior to that
teacher's | ||||||
6 | suspension or dismissal.
| ||||||
7 | (11) Subject to any later effective date referenced in | ||||||
8 | this Section for a specific aspect of the dismissal | ||||||
9 | process, the changes made by Public Act 97-8 shall apply | ||||||
10 | to dismissals instituted on or after September 1, 2011. | ||||||
11 | Any dismissal instituted prior to September 1, 2011 must | ||||||
12 | be carried out in accordance with the requirements of this | ||||||
13 | Section prior to amendment by Public Act 97-8.
| ||||||
14 | (e) Nothing contained in Public Act 98-648 repeals, | ||||||
15 | supersedes, invalidates, or nullifies final decisions in | ||||||
16 | lawsuits pending on July 1, 2014 (the effective date of Public | ||||||
17 | Act 98-648) in Illinois courts involving the interpretation of | ||||||
18 | Public Act 97-8. | ||||||
19 | (Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19; | ||||||
20 | 101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
| ||||||
21 | Section 99. Effective date. This Act takes effect January | ||||||
22 | 1, 2024.
|