Bill Text: IL SB3624 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that if an individual is dismissed by a school district for committing a physical or sexual act on a student, the State Educator Preparation and Licensure Board shall immediately suspend, pending revocation, any license issued to that individual under the Educator Licensure Article of the Code. With regard to employee dismissal proceedings, provides that in the case of charges involving physical or sexual contact with a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized. Amends the Employment Record Disclosure Act. Provides that a current or former employer and any authorized employee or agent acting on its behalf who, whether upon inquiry or on its own initiative, provides information to a school district created under the School Code orally or in writing that it believes in good faith to be true or based upon an accurate record about a current or former employee's job performance, record of misconduct, disciplinary history, or criminal history shall be immune from any cause of action or civil liability related to or stemming from that communication. Amends the Personnel Record Review Act to provide that certain disclosure requirements under the Act do not apply to a school district responding to an inquiry from a prospective employer or to activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of minors. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3624 Detail]

Download: Illinois-2017-SB3624-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3624 Introduced 7/25/2018, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED:
See Index
Amends the School Code. Provides that if an individual is dismissed by a school district for committing a physical or sexual act on a student, the State Educator Preparation and Licensure Board shall immediately suspend, pending revocation, any license issued to that individual under the Educator Licensure Article of the Code. With regard to employee dismissal proceedings, provides that in the case of charges involving physical or sexual contact with a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized. Amends the Employment Record Disclosure Act. Provides that a current or former employer and any authorized employee or agent acting on its behalf who, whether upon inquiry or on its own initiative, provides information to a school district created under the School Code orally or in writing that it believes in good faith to be true or based upon an accurate record about a current or former employee's job performance, record of misconduct, disciplinary history, or criminal history shall be immune from any cause of action or civil liability related to or stemming from that communication. Amends the Personnel Record Review Act to provide that certain disclosure requirements under the Act do not apply to a school district responding to an inquiry from a prospective employer or to activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of minors. Makes conforming and other changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
21B-75, 24-12, 27A-5, and 34-85 as follows:
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) Except as provided under subsection (b-5) of this
Section, the The State Superintendent of Education has the
exclusive authority, in accordance with this Section and any
rules adopted by the State Board of Education, in consultation
with the State Educator Preparation and Licensure Board, to
initiate the suspension of up to 5 calendar years or revocation
of any license issued pursuant to this Article for abuse or
neglect of a child, immorality, a condition of health
detrimental to the welfare of pupils, incompetency,
unprofessional conduct (which includes the failure to disclose
on an employment application any previous conviction for a sex
offense, as defined in Section 21B-80 of this Code, or any

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other offense committed in any other state or against the laws
of the United States that, if committed in this State, would be
punishable as a sex offense, as defined in Section 21B-80 of
this Code), the neglect of any professional duty, willful
failure to report an instance of suspected child abuse or
neglect as required by the Abused and Neglected Child Reporting
Act, failure to establish satisfactory repayment on an
educational loan guaranteed by the Illinois Student Assistance
Commission, or other just cause. Unprofessional conduct shall
include the refusal to attend or participate in institutes,
teachers' meetings, or professional readings or to meet other
reasonable requirements of the regional superintendent of
schools or State Superintendent of Education. Unprofessional
conduct also includes conduct that violates the standards,
ethics, or rules applicable to the security, administration,
monitoring, or scoring of or the reporting of scores from any
assessment test or examination administered under Section
2-3.64a-5 of this Code or that is known or intended to produce
or report manipulated or artificial, rather than actual,
assessment or achievement results or gains from the
administration of those tests or examinations. Unprofessional
conduct shall also include neglect or unnecessary delay in the
making of statistical and other reports required by school
officers. Incompetency shall include, without limitation, 2 or
more school terms of service for which the license holder has
received an unsatisfactory rating on a performance evaluation

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conducted pursuant to Article 24A of this Code within a period
of 7 school terms of service. In determining whether to
initiate action against one or more licenses based on
incompetency and the recommended sanction for such action, the
State Superintendent shall consider factors that include
without limitation all of the following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to June 13, 2011 (the effective date of
Public Act 97-8).
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-licensure and
training requirements set forth in Section 24A-3 of this
Code.
(4) The time between the unsatisfactory evaluation
ratings.
(5) The quality of the remediation plans associated
with the unsatisfactory evaluation ratings and whether the
license holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the license holder.

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(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a teaching
or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(b-5) If an individual is dismissed by a school district
for committing a physical or sexual act on a student, the State
Educator Preparation and Licensure Board shall immediately
suspend, pending revocation, any license issued to that
individual under this Article. The State Superintendent of
Education shall serve the individual written notice and afford
him or her the opportunity for a hearing on the proposed
revocation.
(c) Except as provided under subsection (b-5) of this
Section, the The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child, immorality,

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a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (b) of this Section),
unprofessional conduct, the neglect of any professional duty,
or other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
revocation, or other sanction; provided that the State
Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination, as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of
Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days after notice of an
opportunity for hearing, it shall act as a stay of proceedings
until the State Educator Preparation and Licensure Board issues
a decision. Any hearing shall take place in the educational
service region where the educator is or was last employed and
in accordance with rules adopted by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and such rules shall include without
limitation provisions for discovery and the sharing of

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information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the license holder, and
the production of any evidence, including files, records,

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correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present, but
the State Superintendent shall provide the license holder with
a copy of any recorded testimony prior to a hearing under this
Section. Such recorded testimony must not be used as evidence
at a hearing, unless the license holder has adequate notice of
the testimony and the opportunity to cross-examine the witness.
Failure of a license holder to comply with a duly issued,
investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board
of Education, or the State Educator Preparation and Licensure
Board under this Section is confidential and must not be
disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such information
admitted into evidence in a hearing is exempt from this
confidentiality and non-disclosure requirement.

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(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)

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(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service.
(a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining the
sequence of dismissal is established in a collective bargaining

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agreement or contract between the board and a professional
faculty members' organization and except that this provision
shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by
operation of law or is conducted on a voluntary basis by the
board. Any teacher dismissed as a result of such decrease or
discontinuance shall be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full time equivalent positions filled by
certified employees (excluding principals and administrative
personnel) during the preceding school year, then if the board
has any vacancies for the following school term or within 2
calendar years from the beginning of the following school term,
the positions so becoming available shall be tendered to the
teachers who were so notified and removed or dismissed whenever
they are legally qualified to hold such positions. Each board
shall, in consultation with any exclusive employee
representatives, each year establish a list, categorized by

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positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an
alternative method of determining a sequence of dismissal is
established as provided for in this Section, in which case a
list shall be made in accordance with the alternative method.
Copies of the list shall be distributed to the exclusive
employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5, or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the board also shall hold a public
hearing on the question of the dismissals. Following the
hearing and board review the action to approve any such
reduction shall require a majority vote of the board members.
(b) This subsection (b) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided during the 2011-2012 school term or a subsequent
school term. If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
certified mail, return receipt requested, or personal delivery

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with receipt at least 45 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the sequence of
dismissal shall occur in accordance with this subsection (b);
except that this subsection (b) shall not impair the operation
of any affirmative action program in the school district,
regardless of whether it exists by operation of law or is
conducted on a voluntary basis by the board.
Each teacher must be categorized into one or more positions
for which the teacher is qualified to hold, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the school year during which the sequence of
dismissal is determined. Within each position and subject to
agreements made by the joint committee on honorable dismissals
that are authorized by subsection (c) of this Section, the
school district or joint agreement must establish 4 groupings
of teachers qualified to hold the position as follows:
(1) Grouping one shall consist of each teacher who is
not in contractual continued service and who (i) has not
received a performance evaluation rating, (ii) is employed
for one school term or less to replace a teacher on leave,
or (iii) is employed on a part-time basis. "Part-time
basis" for the purposes of this subsection (b) means a
teacher who is employed to teach less than a full-day,
teacher workload or less than 5 days of the normal student

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attendance week, unless otherwise provided for in a
collective bargaining agreement between the district and
the exclusive representative of the district's teachers.
For the purposes of this Section, a teacher (A) who is
employed as a full-time teacher but who actually teaches or
is otherwise present and participating in the district's
educational program for less than a school term or (B) who,
in the immediately previous school term, was employed on a
full-time basis and actually taught or was otherwise
present and participated in the district's educational
program for 120 days or more is not considered employed on
a part-time basis.
(2) Grouping 2 shall consist of each teacher with a
Needs Improvement or Unsatisfactory performance evaluation
rating on either of the teacher's last 2 performance
evaluation ratings.
(3) Grouping 3 shall consist of each teacher with a
performance evaluation rating of at least Satisfactory or
Proficient on both of the teacher's last 2 performance
evaluation ratings, if 2 ratings are available, or on the
teacher's last performance evaluation rating, if only one
rating is available, unless the teacher qualifies for
placement into grouping 4.
(4) Grouping 4 shall consist of each teacher whose last
2 performance evaluation ratings are Excellent and each
teacher with 2 Excellent performance evaluation ratings

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out of the teacher's last 3 performance evaluation ratings
with a third rating of Satisfactory or Proficient.
Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based upon
average performance evaluation ratings, with the teacher or
teachers with the lowest average performance evaluation rating
dismissed first. A teacher's average performance evaluation
rating must be calculated using the average of the teacher's
last 2 performance evaluation ratings, if 2 ratings are
available, or the teacher's last performance evaluation
rating, if only one rating is available, using the following
numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2 with
the same average performance evaluation rating and within each
of groupings 3 and 4, the teacher or teachers with the shorter
length of continuing service with the school district or joint
agreement must be dismissed first unless an alternative method
of determining the sequence of dismissal is established in a
collective bargaining agreement or contract between the board
and a professional faculty members' organization.

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Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing each
teacher by name and categorized by positions and the groupings
defined in this subsection (b) must be distributed to the
exclusive bargaining representative at least 75 days before the
end of the school term, provided that the school district or
joint agreement may, with notice to any exclusive employee
representatives, move teachers from grouping one into another
grouping during the period of time from 75 days until 45 days
before the end of the school term. Each year, each board shall
also establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.

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If the board or joint agreement has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in groupings 3 or 4 of the sequence of
dismissal and are qualified to hold the positions, based upon
legal qualifications and any other qualifications established
in a district or joint agreement job description, on or before
the May 10 prior to the date of the positions becoming
available, provided that if the number of honorable dismissal
notices based on economic necessity exceeds 15% of the number
of full-time equivalent positions filled by certified
employees (excluding principals and administrative personnel)
during the preceding school year, then the recall period is for
the following school term or within 2 calendar years from the
beginning of the following school term. If the board or joint
agreement has any vacancies within the period from the
beginning of the following school term through February 1 of
the following school term (unless a date later than February 1,
but no later than 6 months from the beginning of the following
school term, is established in a collective bargaining
agreement), the positions thereby becoming available must be
tendered to the teachers so removed or dismissed who were in
grouping 2 of the sequence of dismissal due to one "needs
improvement" rating on either of the teacher's last 2
performance evaluation ratings, provided that, if 2 ratings are

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available, the other performance evaluation rating used for
grouping purposes is "satisfactory", "proficient", or
"excellent", and are qualified to hold the positions, based
upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the date of the positions
becoming available. On and after the effective date of this
amendatory Act of the 98th General Assembly, the preceding
sentence shall apply to teachers removed or dismissed by
honorable dismissal, even if notice of honorable dismissal
occurred during the 2013-2014 school year. Among teachers
eligible for recall pursuant to the preceding sentence, the
order of recall must be in inverse order of dismissal, unless
an alternative order of recall is established in a collective
bargaining agreement or contract between the board and a
professional faculty members' organization. Whenever the
number of honorable dismissal notices based upon economic
necessity exceeds 5 notices or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the school board or governing board of
a joint agreement, as applicable, shall also hold a public
hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee

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described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement determining
the sequence of dismissal, not including any performance
evaluation conducted during or at the end of a remediation
period. No more than one evaluation rating each school term
shall be one of the evaluation ratings used for the purpose of
determining the sequence of dismissal. Except as otherwise
provided in this subsection for any performance evaluations
conducted during or at the end of a remediation period, if
multiple performance evaluations are conducted in a school
term, only the rating from the last evaluation conducted prior
to establishing the sequence of honorable dismissal list in
such school term shall be the one evaluation rating from that
school term used for the purpose of determining the sequence of
dismissal. Averaging ratings from multiple evaluations is not
permitted unless otherwise agreed to in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization. The preceding 3 sentences are
not a legislative declaration that existing law does or does
not already require that only one performance evaluation each
school term shall be used for the purpose of determining the
sequence of dismissal. For performance evaluation ratings
determined prior to September 1, 2012, any school district or

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joint agreement with a performance evaluation rating system
that does not use either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code for
all teachers must establish a basis for assigning each teacher
a rating that complies with subsection (d) of Section 24A-5 of
this Code for all of the performance evaluation ratings that
are to be used to determine the sequence of dismissal. A
teacher's grouping and ranking on a sequence of honorable
dismissal shall be deemed a part of the teacher's performance
evaluation, and that information shall be disclosed to the
exclusive bargaining representative as part of a sequence of
honorable dismissal list, notwithstanding any laws prohibiting
disclosure of such information. A performance evaluation
rating may be used to determine the sequence of dismissal,
notwithstanding the pendency of any grievance resolution or
arbitration procedures relating to the performance evaluation.
If a teacher has received at least one performance evaluation
rating conducted by the school district or joint agreement
determining the sequence of dismissal and a subsequent
performance evaluation is not conducted in any school year in
which such evaluation is required to be conducted under Section
24A-5 of this Code, the teacher's performance evaluation rating
for that school year for purposes of determining the sequence
of dismissal is deemed Proficient. If a performance evaluation
rating is nullified as the result of an arbitration,
administrative agency, or court determination, then the school

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district or joint agreement is deemed to have conducted a
performance evaluation for that school year, but the
performance evaluation rating may not be used in determining
the sequence of dismissal.
Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on the effective date of this
amendatory Act of the 97th General Assembly that may conflict
with this amendatory Act of the 97th General Assembly shall
remain in effect through the expiration of such agreement or
June 30, 2013, whichever is earlier.
(c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
(1) The joint committee must consider and may agree to
criteria for excluding from grouping 2 and placing into

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grouping 3 a teacher whose last 2 performance evaluations
include a Needs Improvement and either a Proficient or
Excellent.
(2) The joint committee must consider and may agree to
an alternative definition for grouping 4, which definition
must take into account prior performance evaluation
ratings and may take into account other factors that relate
to the school district's or program's educational
objectives. An alternative definition for grouping 4 may
not permit the inclusion of a teacher in the grouping with
a Needs Improvement or Unsatisfactory performance
evaluation rating on either of the teacher's last 2
performance evaluation ratings.
(3) The joint committee may agree to including within
the definition of a performance evaluation rating a
performance evaluation rating administered by a school
district or joint agreement other than the school district
or joint agreement determining the sequence of dismissal.
(4) For each school district or joint agreement that
administers performance evaluation ratings that are
inconsistent with either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code,
the school district or joint agreement must consult with
the joint committee on the basis for assigning a rating
that complies with subsection (d) of Section 24A-5 of this
Code to each performance evaluation rating that will be

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used in a sequence of dismissal.
(5) Upon request by a joint committee member submitted
to the employing board by no later than 10 days after the
distribution of the sequence of honorable dismissal list, a
representative of the employing board shall, within 5 days
after the request, provide to members of the joint
committee a list showing the most recent and prior
performance evaluation ratings of each teacher identified
only by length of continuing service in the district or
joint agreement and not by name. If, after review of this
list, a member of the joint committee has a good faith
belief that a disproportionate number of teachers with
greater length of continuing service with the district or
joint agreement have received a recent performance
evaluation rating lower than the prior rating, the member
may request that the joint committee review the list to
assess whether such a trend may exist. Following the joint
committee's review, but by no later than the end of the
applicable school term, the joint committee or any member
or members of the joint committee may submit a report of
the review to the employing board and exclusive bargaining
representative, if any. Nothing in this paragraph (5) shall
impact the order of honorable dismissal or a school
district's or joint agreement's authority to carry out a
dismissal in accordance with subsection (b) of this
Section.

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Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
(d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
(1) If a dismissal of a teacher in contractual
continued service is sought for any reason or cause other
than an honorable dismissal under subsections (a) or (b) of
this Section or a dismissal sought under Section 24-16.5 of

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this Code, including those under Section 10-22.4, the board
must first approve a motion containing specific charges by
a majority vote of all its members. Written notice of such
charges, including a bill of particulars and the teacher's
right to request a hearing, must be mailed to the teacher
and also given to the teacher either by certified mail,
return receipt requested, or personal delivery with
receipt within 5 days of the adoption of the motion. Any
written notice sent on or after July 1, 2012 shall inform
the teacher of the right to request a hearing before a
mutually selected hearing officer, with the cost of the
hearing officer split equally between the teacher and the
board, or a hearing before a board-selected hearing
officer, with the cost of the hearing officer paid by the
board.
Before setting a hearing on charges stemming from
causes that are considered remediable, a board must give
the teacher reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if
the causes have been the subject of a remediation plan
pursuant to Article 24A of this Code.
If, in the opinion of the board, the interests of the
school require it, the board may suspend the teacher
without pay, pending the hearing, but if the board's
dismissal or removal is not sustained, the teacher shall

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not suffer the loss of any salary or benefits by reason of
the suspension.
(2) No hearing upon the charges is required unless the
teacher within 17 days after receiving notice requests in
writing of the board that a hearing be scheduled before a
mutually selected hearing officer or a hearing officer
selected by the board. The secretary of the school board
shall forward a copy of the notice to the State Board of
Education.
(3) Within 5 business days after receiving a notice of
hearing in which either notice to the teacher was sent
before July 1, 2012 or, if the notice was sent on or after
July 1, 2012, the teacher has requested a hearing before a
mutually selected hearing officer, the State Board of
Education shall provide a list of 5 prospective, impartial
hearing officers from the master list of qualified,
impartial hearing officers maintained by the State Board of
Education. Each person on the master list must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience directly related to
labor and employment relations matters between employers
and employees or their exclusive bargaining
representatives and (ii) beginning September 1, 2012, have
participated in training provided or approved by the State
Board of Education for teacher dismissal hearing officers
so that he or she is familiar with issues generally

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involved in evaluative and non-evaluative dismissals.
If notice to the teacher was sent before July 1, 2012
or, if the notice was sent on or after July 1, 2012, the
teacher has requested a hearing before a mutually selected
hearing officer, the board and the teacher or their legal
representatives within 3 business days shall alternately
strike one name from the list provided by the State Board
of Education until only one name remains. Unless waived by
the teacher, the teacher shall have the right to proceed
first with the striking. Within 3 business days of receipt
of the list provided by the State Board of Education, the
board and the teacher or their legal representatives shall
each have the right to reject all prospective hearing
officers named on the list and notify the State Board of
Education of such rejection. Within 3 business days after
receiving this notification, the State Board of Education
shall appoint a qualified person from the master list who
did not appear on the list sent to the parties to serve as
the hearing officer, unless the parties notify it that they
have chosen to alternatively select a hearing officer under
paragraph (4) of this subsection (d).
If the teacher has requested a hearing before a hearing
officer selected by the board, the board shall select one
name from the master list of qualified impartial hearing
officers maintained by the State Board of Education within
3 business days after receipt and shall notify the State

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Board of Education of its selection.
A hearing officer mutually selected by the parties,
selected by the board, or selected through an alternative
selection process under paragraph (4) of this subsection
(d) (A) must not be a resident of the school district, (B)
must be available to commence the hearing within 75 days
and conclude the hearing within 120 days after being
selected as the hearing officer, and (C) must issue a
decision as to whether the teacher must be dismissed and
give a copy of that decision to both the teacher and the
board within 30 days from the conclusion of the hearing or
closure of the record, whichever is later.
(4) In the alternative to selecting a hearing officer
from the list received from the State Board of Education or
accepting the appointment of a hearing officer by the State
Board of Education or if the State Board of Education
cannot provide a list or appoint a hearing officer that
meets the foregoing requirements, the board and the teacher
or their legal representatives may mutually agree to select
an impartial hearing officer who is not on the master list
either by direct appointment by the parties or by using
procedures for the appointment of an arbitrator
established by the Federal Mediation and Conciliation
Service or the American Arbitration Association. The
parties shall notify the State Board of Education of their
intent to select a hearing officer using an alternative

SB3624 - 28 - LRB100 22482 AXK 41373 b
procedure within 3 business days of receipt of a list of
prospective hearing officers provided by the State Board of
Education, notice of appointment of a hearing officer by
the State Board of Education, or receipt of notice from the
State Board of Education that it cannot provide a list that
meets the foregoing requirements, whichever is later.
(5) If the notice of dismissal was sent to the teacher
before July 1, 2012, the fees and costs for the hearing
officer must be paid by the State Board of Education. If
the notice of dismissal was sent to the teacher on or after
July 1, 2012, the hearing officer's fees and costs must be
paid as follows in this paragraph (5). The fees and
permissible costs for the hearing officer must be
determined by the State Board of Education. If the board
and the teacher or their legal representatives mutually
agree to select an impartial hearing officer who is not on
a list received from the State Board of Education, they may
agree to supplement the fees determined by the State Board
to the hearing officer, at a rate consistent with the
hearing officer's published professional fees. If the
hearing officer is mutually selected by the parties, then
the board and the teacher or their legal representatives
shall each pay 50% of the fees and costs and any
supplemental allowance to which they agree. If the hearing
officer is selected by the board, then the board shall pay
100% of the hearing officer's fees and costs. The fees and

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costs must be paid to the hearing officer within 14 days
after the board and the teacher or their legal
representatives receive the hearing officer's decision set
forth in paragraph (7) of this subsection (d).
(6) The teacher is required to answer the bill of
particulars and aver affirmative matters in his or her
defense, and the time for initially doing so and the time
for updating such answer and defenses after pre-hearing
discovery must be set by the hearing officer. The State
Board of Education shall promulgate rules so that each
party has a fair opportunity to present its case and to
ensure that the dismissal process proceeds in a fair and
expeditious manner. These rules shall address, without
limitation, discovery and hearing scheduling conferences;
the teacher's initial answer and affirmative defenses to
the bill of particulars and the updating of that
information after pre-hearing discovery; provision for
written interrogatories and requests for production of
documents; the requirement that each party initially
disclose to the other party and then update the disclosure
no later than 10 calendar days prior to the commencement of
the hearing, the names and addresses of persons who may be
called as witnesses at the hearing, a summary of the facts
or opinions each witness will testify to, and all other
documents and materials, including information maintained
electronically, relevant to its own as well as the other

SB3624 - 30 - LRB100 22482 AXK 41373 b
party's case (the hearing officer may exclude witnesses and
exhibits not identified and shared, except those offered in
rebuttal for which the party could not reasonably have
anticipated prior to the hearing); pre-hearing discovery
and preparation, including provision for written
interrogatories and requests for production of documents,
provided that discovery depositions are prohibited; the
conduct of the hearing; the right of each party to be
represented by counsel, the offer of evidence and witnesses
and the cross-examination of witnesses; the authority of
the hearing officer to issue subpoenas and subpoenas duces
tecum, provided that the hearing officer may limit the
number of witnesses to be subpoenaed on behalf of each
party to no more than 7; the length of post-hearing briefs;
and the form, length, and content of hearing officers'
decisions. The hearing officer shall hold a hearing and
render a final decision for dismissal pursuant to Article
24A of this Code or shall report to the school board
findings of fact and a recommendation as to whether or not
the teacher must be dismissed for conduct. The hearing
officer shall commence the hearing within 75 days and
conclude the hearing within 120 days after being selected
as the hearing officer, provided that the hearing officer
may modify these timelines upon the showing of good cause
or mutual agreement of the parties. Good cause for the
purpose of this subsection (d) shall mean the illness or

SB3624 - 31 - LRB100 22482 AXK 41373 b
otherwise unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing
pursuant to Article 24A of this Code in which a witness is
a student or is under the age of 18, the hearing officer
must make accommodations for the witness, as provided under
paragraph (6.5) of this subsection (d). The , the hearing
officer shall consider and give weight to all of the
teacher's evaluations written pursuant to Article 24A that
are relevant to the issues in the hearing.
Each party shall have no more than 3 days to present
its case, unless extended by the hearing officer to enable
a party to present adequate evidence and testimony,
including due to the other party's cross-examination of the
party's witnesses, for good cause or by mutual agreement of
the parties. The State Board of Education shall define in
rules the meaning of "day" for such purposes. All testimony
at the hearing shall be taken under oath administered by
the hearing officer. The hearing officer shall cause a
record of the proceedings to be kept and shall employ a
competent reporter to take stenographic or stenotype notes
of all the testimony. The costs of the reporter's
attendance and services at the hearing shall be paid by the
party or parties who are responsible for paying the fees
and costs of the hearing officer. Either party desiring a

SB3624 - 32 - LRB100 22482 AXK 41373 b
transcript of the hearing shall pay for the cost thereof.
Any post-hearing briefs must be submitted by the parties by
no later than 21 days after a party's receipt of the
transcript of the hearing, unless extended by the hearing
officer for good cause or by mutual agreement of the
parties.
(6.5) In the case of charges involving physical or
sexual contact with a student or a person under the age of
18, the hearing officer shall make alternative hearing
procedures to protect a witness who is a student or who is
under the age of 18 from being intimidated or traumatized.
Alternative hearing procedures may include, but are not
limited to, (i) testimony made via a telecommunication
device in a location other than the hearing room and
outside the physical presence of the teacher or the
principal and other hearing participants, (ii) testimony
outside the physical presence of the teacher or the
principal, or (iii) non-public testimony. A hearing
officer shall admit an out-of-court statement made by a
witness who is student or a person under the age of 18 if
the statement concerns the teacher's or the principal's
physical or sexual contact with the witness. The
availability of the witness shall not bar the admission of
the out-of-court statement into evidence. The hearing
officer shall determine the weight to be afforded the
statement based on an assessment of various indicia of its

SB3624 - 33 - LRB100 22482 AXK 41373 b
reliability.
(7) The hearing officer shall, within 30 days from the
conclusion of the hearing or closure of the record,
whichever is later, make a decision as to whether or not
the teacher shall be dismissed pursuant to Article 24A of
this Code or report to the school board findings of fact
and a recommendation as to whether or not the teacher shall
be dismissed for cause and shall give a copy of the
decision or findings of fact and recommendation to both the
teacher and the school board. If a hearing officer fails
without good cause, specifically provided in writing to
both parties and the State Board of Education, to render a
decision or findings of fact and recommendation within 30
days after the hearing is concluded or the record is
closed, whichever is later, the parties may mutually agree
to select a hearing officer pursuant to the alternative
procedure, as provided in this Section, to rehear the
charges heard by the hearing officer who failed to render a
decision or findings of fact and recommendation or to
review the record and render a decision. If any hearing
officer fails without good cause, specifically provided in
writing to both parties and the State Board of Education,
to render a decision or findings of fact and recommendation
within 30 days after the hearing is concluded or the record
is closed, whichever is later, the hearing officer shall be
removed from the master list of hearing officers maintained

SB3624 - 34 - LRB100 22482 AXK 41373 b
by the State Board of Education for not more than 24
months. The parties and the State Board of Education may
also take such other actions as it deems appropriate,
including recovering, reducing, or withholding any fees
paid or to be paid to the hearing officer. If any hearing
officer repeats such failure, he or she must be permanently
removed from the master list maintained by the State Board
of Education and may not be selected by parties through the
alternative selection process under this paragraph (7) or
paragraph (4) of this subsection (d). The board shall not
lose jurisdiction to discharge a teacher if the hearing
officer fails to render a decision or findings of fact and
recommendation within the time specified in this Section.
If the decision of the hearing officer for dismissal
pursuant to Article 24A of this Code or of the school board
for dismissal for cause is in favor of the teacher, then
the hearing officer or school board shall order
reinstatement to the same or substantially equivalent
position and shall determine the amount for which the
school board is liable, including, but not limited to, loss
of income and benefits.
(8) The school board, within 45 days after receipt of
the hearing officer's findings of fact and recommendation
as to whether (i) the conduct at issue occurred, (ii) the
conduct that did occur was remediable, and (iii) the
proposed dismissal should be sustained, shall issue a

SB3624 - 35 - LRB100 22482 AXK 41373 b
written order as to whether the teacher must be retained or
dismissed for cause from its employ. The school board's
written order shall incorporate the hearing officer's
findings of fact, except that the school board may modify
or supplement the findings of fact if, in its opinion, the
findings of fact are against the manifest weight of the
evidence.
If the school board dismisses the teacher
notwithstanding the hearing officer's findings of fact and
recommendation, the school board shall make a conclusion in
its written order, giving its reasons therefor, and such
conclusion and reasons must be included in its written
order. The failure of the school board to strictly adhere
to the timelines contained in this Section shall not render
it without jurisdiction to dismiss the teacher. The school
board shall not lose jurisdiction to discharge the teacher
for cause if the hearing officer fails to render a
recommendation within the time specified in this Section.
The decision of the school board is final, unless reviewed
as provided in paragraph (9) of this subsection (d).
If the school board retains the teacher, the school
board shall enter a written order stating the amount of
back pay and lost benefits, less mitigation, to be paid to
the teacher, within 45 days after its retention order.
Should the teacher object to the amount of the back pay and
lost benefits or amount mitigated, the teacher shall give

SB3624 - 36 - LRB100 22482 AXK 41373 b
written objections to the amount within 21 days. If the
parties fail to reach resolution within 7 days, the dispute
shall be referred to the hearing officer, who shall
consider the school board's written order and teacher's
written objection and determine the amount to which the
school board is liable. The costs of the hearing officer's
review and determination must be paid by the board.
(9) The decision of the hearing officer pursuant to
Article 24A of this Code or of the school board's decision
to dismiss for cause is final unless reviewed as provided
in Section 24-16 of this Act. If the school board's
decision to dismiss for cause is contrary to the hearing
officer's recommendation, the court on review shall give
consideration to the school board's decision and its
supplemental findings of fact, if applicable, and the
hearing officer's findings of fact and recommendation in
making its decision. In the event such review is
instituted, the school board shall be responsible for
preparing and filing the record of proceedings, and such
costs associated therewith must be divided equally between
the parties.
(10) If a decision of the hearing officer for dismissal
pursuant to Article 24A of this Code or of the school board
for dismissal for cause is adjudicated upon review or
appeal in favor of the teacher, then the trial court shall
order reinstatement and shall remand the matter to the

SB3624 - 37 - LRB100 22482 AXK 41373 b
school board with direction for entry of an order setting
the amount of back pay, lost benefits, and costs, less
mitigation. The teacher may challenge the school board's
order setting the amount of back pay, lost benefits, and
costs, less mitigation, through an expedited arbitration
procedure, with the costs of the arbitrator borne by the
school board.
Any teacher who is reinstated by any hearing or
adjudication brought under this Section shall be assigned
by the board to a position substantially similar to the one
which that teacher held prior to that teacher's suspension
or dismissal.
(11) Subject to any later effective date referenced in
this Section for a specific aspect of the dismissal
process, the changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011. Any
dismissal instituted prior to September 1, 2011 must be
carried out in accordance with the requirements of this
Section prior to amendment by Public Act 97-8.
(e) Nothing contained in this amendatory Act of the 98th
General Assembly repeals, supersedes, invalidates, or
nullifies final decisions in lawsuits pending on the effective
date of this amendatory Act of the 98th General Assembly in
Illinois courts involving the interpretation of Public Act
97-8.
(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,

SB3624 - 38 - LRB100 22482 AXK 41373 b
eff. 7-20-15.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with

SB3624 - 39 - LRB100 22482 AXK 41373 b
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with
virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional

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requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.

SB3624 - 41 - LRB100 22482 AXK 41373 b
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for

SB3624 - 42 - LRB100 22482 AXK 41373 b
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code; and
(12) Sections 10-20.60 and 34-18.53 of this Code; .
(13) (12) Sections 10-20.63 10-20.60 and 34-18.56
34-18.53 of this Code; .
(14) (12) Section 26-18 of this Code; and .
(15) Sections 24-12 and 34-85 of this Code.
The change made by Public Act 96-104 to this subsection (g)

SB3624 - 43 - LRB100 22482 AXK 41373 b
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.
However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.

SB3624 - 44 - LRB100 22482 AXK 41373 b
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.
(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing;
suspension.
(a) No teacher employed by the board of education shall
(after serving the probationary period specified in Section
34-84) be removed except for cause. Teachers (who have

SB3624 - 45 - LRB100 22482 AXK 41373 b
completed the probationary period specified in Section 34-84 of
this Code) shall be removed for cause in accordance with the
procedures set forth in this Section or, at the board's option,
the procedures set forth in Section 24-16.5 of this Code or
such other procedures established in an agreement entered into
between the board and the exclusive representative of the
district's teachers under Section 34-85c of this Code for
teachers (who have completed the probationary period specified
in Section 34-84 of this Code) assigned to schools identified
in that agreement. No principal employed by the board of
education shall be removed during the term of his or her
performance contract except for cause, which may include but is
not limited to the principal's repeated failure to implement
the school improvement plan or to comply with the provisions of
the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the
performance contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes
that may be deemed to be remediable, the teacher or principal
must be given reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if the
causes have been the subject of a remediation plan pursuant to
Article 24A of this Code or if the board and the exclusive
representative of the district's teachers have entered into an
agreement pursuant to Section 34-85c of this Code, pursuant to

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

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shall also inform the teacher or principal of the right to
request a hearing before a mutually selected hearing
officer, with the cost of the hearing officer split equally
between the teacher or principal and the board, or a
hearing before a qualified hearing officer chosen by the
general superintendent, with the cost of the hearing
officer paid by the board. If the teacher or principal
cannot be found upon diligent inquiry, such charges may be
served upon him by mailing a copy thereof in a sealed
envelope by prepaid certified mail, return receipt
requested, to the teacher's or principal's last known
address. A return receipt showing delivery to such address
within 20 calendar days after the date of the approval of
the charges shall constitute proof of service.
(2) No hearing upon the charges is required unless the
teacher or principal within 17 calendar days after
receiving notice requests in writing of the general
superintendent that a hearing be scheduled. Pending the
hearing of the charges, the general superintendent or his
or her designee may suspend the teacher or principal
charged without pay in accordance with rules prescribed by
the board, provided that if the teacher or principal
charged is not dismissed based on the charges, he or she
must be made whole for lost earnings, less setoffs for
mitigation.
(3) The board shall maintain a list of at least 9

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qualified hearing officers who will conduct hearings on
charges and specifications. The list must be developed in
good faith consultation with the exclusive representative
of the board's teachers and professional associations that
represent the board's principals. The list may be revised
on July 1st of each year or earlier as needed. To be a
qualified hearing officer, the person must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience as an arbitrator in
cases involving labor and employment relations matters
between employers and employees or their exclusive
bargaining representatives and (ii) beginning September 1,
2012, have participated in training provided or approved by
the State Board of Education for teacher dismissal hearing
officers so that he or she is familiar with issues
generally involved in evaluative and non-evaluative
dismissals.
Within 5 business days after receiving the notice of
request for a hearing, the general superintendent and the
teacher or principal or their legal representatives shall
alternately strike one name from the list until only one
name remains. Unless waived by the teacher, the teacher or
principal shall have the right to proceed first with the
striking. If the teacher or principal fails to participate
in the striking process, the general superintendent shall
either select the hearing officer from the list developed

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pursuant to this paragraph (3) or select another qualified
hearing officer from the master list maintained by the
State Board of Education pursuant to subsection (c) of
Section 24-12 of this Code.
(4) If the notice of dismissal was sent to the teacher
or principal before July 1, 2012, the fees and costs for
the hearing officer shall be paid by the State Board of
Education. If the notice of dismissal was sent to the
teacher or principal on or after July 1, 2012, the hearing
officer's fees and costs must be paid as follows in this
paragraph (4). The fees and permissible costs for the
hearing officer shall be determined by the State Board of
Education. If the hearing officer is mutually selected by
the parties through alternate striking in accordance with
paragraph (3) of this subsection (a), then the board and
the teacher or their legal representative shall each pay
50% of the fees and costs and any supplemental allowance to
which they agree. If the hearing officer is selected by the
general superintendent without the participation of the
teacher or principal, then the board shall pay 100% of the
hearing officer fees and costs. The hearing officer shall
submit for payment a billing statement to the parties that
itemizes the charges and expenses and divides them in
accordance with this Section.
(5) The teacher or the principal charged is required to
answer the charges and specifications and aver affirmative

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matters in his or her defense, and the time for doing so
must be set by the hearing officer. The State Board of
Education shall adopt rules so that each party has a fair
opportunity to present its case and to ensure that the
dismissal proceeding is concluded in an expeditious
manner. The rules shall address, without limitation, the
teacher or principal's answer and affirmative defenses to
the charges and specifications; a requirement that each
party make mandatory disclosures without request to the
other party and then update the disclosure no later than 10
calendar days prior to the commencement of the hearing,
including a list of the names and addresses of persons who
may be called as witnesses at the hearing, a summary of the
facts or opinions each witness will testify to, and all
other documents and materials, including information
maintained electronically, relevant to its own as well as
the other party's case (the hearing officer may exclude
witnesses and exhibits not identified and shared, except
those offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each
party to be represented by counsel, the offer of evidence
and witnesses and the cross-examination of witnesses; the

SB3624 - 51 - LRB100 22482 AXK 41373 b
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed in
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of
hearing officers' reports and recommendations to the
general superintendent.
The hearing officer shall commence the hearing within
75 calendar days and conclude the hearing within 120
calendar days after being selected by the parties as the
hearing officer, provided that these timelines may be
modified upon the showing of good cause or mutual agreement
of the parties. Good cause for the purposes of this
paragraph (5) shall mean the illness or otherwise
unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing in
which a witness is a student or is under the age of 18, the
hearing officer must make accommodations for the witness,
as provided under paragraph (5.5) of this subsection (a).
The , the hearing officer shall consider and give weight to
all of the teacher's evaluations written pursuant to
Article 24A that are relevant to the issues in the hearing.
Except as otherwise provided under paragraph (5.5) of this
subsection (a) the, The teacher or principal has the

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privilege of being present at the hearing with counsel and
of cross-examining witnesses and may offer evidence and
witnesses and present defenses to the charges. Each party
shall have no more than 3 days to present its case, unless
extended by the hearing officer to enable a party to
present adequate evidence and testimony, including due to
the other party's cross-examination of the party's
witnesses, for good cause or by mutual agreement of the
parties. The State Board of Education shall define in rules
the meaning of "day" for such purposes. All testimony at
the hearing shall be taken under oath administered by the
hearing officer. The hearing officer shall cause a record
of the proceedings to be kept and shall employ a competent
reporter to take stenographic or stenotype notes of all the
testimony. The costs of the reporter's attendance and
services at the hearing shall be paid by the party or
parties who are paying the fees and costs of the hearing
officer. Either party desiring a transcript of the hearing
shall pay for the cost thereof. At the close of the
hearing, the hearing officer shall direct the parties to
submit post-hearing briefs no later than 21 calendar days
after receipt of the transcript. Either or both parties may
waive submission of briefs.
(5.5) In the case of charges involving physical or
sexual contact with a student or a person under the age of
18, the hearing officer shall make alternative hearing

SB3624 - 53 - LRB100 22482 AXK 41373 b
procedures to protect a witness who is a student or who is
under the age of 18 from being intimidated or traumatized.
Alternative hearing procedures may include, but are not
limited to, (i) testimony made via a telecommunication
device in a location other than the hearing room and
outside the physical presence of the teacher or the
principal and other hearing participants, (ii) testimony
outside the physical presence of the teacher or the
principal, or (iii) non-public testimony. A hearing
officer shall admit an out-of-court statement made by a
witness who is student or a person under the age of 18 if
the statement concerns the teacher's or the principal's
physical or sexual contact with the witness. The
availability of the witness shall not bar the admission of
the out-of-court statement into evidence. The hearing
officer shall determine the weight to be afforded the
statement based on an assessment of various indicia of its
reliability.
(6) The hearing officer shall within 30 calendar days
from the conclusion of the hearing report to the general
superintendent findings of fact and a recommendation as to
whether or not the teacher or principal shall be dismissed
and shall give a copy of the report to both the teacher or
principal and the general superintendent. The State Board
of Education shall provide by rule the form of the hearing
officer's report and recommendation.

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(7) The board, within 45 days of receipt of the hearing
officer's findings of fact and recommendation, shall make a
decision as to whether the teacher or principal shall be
dismissed from its employ. The failure of the board to
strictly adhere to the timeliness contained herein shall
not render it without jurisdiction to dismiss the teacher
or principal. In the event that the board declines to
dismiss the teacher or principal after review of a hearing
officer's recommendation, the board shall set the amount of
back pay and benefits to award the teacher or principal,
which shall include offsets for interim earnings and
failure to mitigate losses. The board shall establish
procedures for the teacher's or principal's submission of
evidence to it regarding lost earnings, lost benefits,
mitigation, and offsets. The decision of the board is final
unless reviewed in accordance with paragraph (8) of this
subsection (a).
(8) The teacher may seek judicial review of the board's
decision in accordance with the Administrative Review Law,
which is specifically incorporated in this Section, except
that the review must be initiated in the Illinois Appellate
Court for the First District. In the event judicial review
is instituted, any costs of preparing and filing the record
of proceedings shall be paid by the party instituting the
review. In the event the appellate court reverses a board
decision to dismiss a teacher or principal and directs the

SB3624 - 55 - LRB100 22482 AXK 41373 b
board to pay the teacher or the principal back pay and
benefits, the appellate court shall remand the matter to
the board to issue an administrative decision as to the
amount of back pay and benefits, which shall include a
calculation of the lost earnings, lost benefits,
mitigation, and offsets based on evidence submitted to the
board in accordance with procedures established by the
board.
(b) Nothing in this Section affects the validity of removal
for cause hearings commenced prior to June 13, 2011 (the
effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011 or the
effective date of Public Act 97-8, whichever is later. Any
dismissal instituted prior to the effective date of these
changes must be carried out in accordance with the requirements
of this Section prior to amendment by Public Act 97-8.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 10. The Employment Record Disclosure Act is amended
by changing Section 10 as follows:
(745 ILCS 46/10)
Sec. 10. No liability for providing truthful information.
(a) Any employer or authorized employee or agent acting on
behalf of an employer who, upon inquiry by a prospective

SB3624 - 56 - LRB100 22482 AXK 41373 b
employer, provides truthful written or verbal information, or
information that it believes in good faith is truthful, about a
current or former employee's job performance is presumed to be
acting in good faith and is immune from civil liability for the
disclosure and the consequences of the disclosure.
The presumption of good faith established in this Section
may be rebutted by a preponderance of evidence that the
information disclosed was knowingly false or in violation of a
civil right of the employee or former employee.
(b) A current or former employer and any authorized
employee or agent acting on its behalf who, whether upon
inquiry or on its own initiative, provides information to a
school district created under the School Code orally or in
writing that it believes in good faith to be true or based upon
an accurate record about a current or former employee's job
performance, record of misconduct, disciplinary history, or
criminal history shall be immune from any cause of action or
civil liability related to or stemming from that communication.
Any person or entity who commences an action against a current
or former employer related to or stemming from a communication
covered under this subsection (b) must plead with specificity
the factual basis on which it alleges that the employer or its
employee or agent did not believe that the information provided
was true or based upon an accurate record at the time it was
provided. If that person or entity fails to prevail against its
current or former employer or its employee or agent, the court

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shall award the former employer and the school district the
reasonable costs and attorneys' fees for defending the action.
(Source: P.A. 89-470, eff. 6-13-96.)
Section 15. The Personnel Record Review Act is amended by
changing Sections 8 and 9 as follows:
(820 ILCS 40/8) (from Ch. 48, par. 2008)
Sec. 8. An employer shall review a personnel record before
releasing information to a third party and, except when the
release is ordered to a party in a legal action or arbitration,
delete disciplinary reports, letters of reprimand, or other
records of disciplinary action which are more than 4 years old.
This Section does not apply to a school district or an
authorized employee or agent of a school district who is
responding to an inquiry from a prospective employer.
(Source: P.A. 83-1104.)
(820 ILCS 40/9) (from Ch. 48, par. 2009)
Sec. 9. An employer shall not gather or keep a record of an
employee's associations, political activities, publications,
communications or nonemployment activities, unless the
employee submits the information in writing or authorizes the
employer in writing to keep or gather the information. This
prohibition shall not apply to (i) activities or associations
with individuals or groups involved in the physical, sexual, or

SB3624 - 58 - LRB100 22482 AXK 41373 b
other exploitation of a minor or (ii) the activities that occur
on the employer's premises or during the employee's working
hours with that employer which interfere with the performance
of the employee's duties or the duties of other employees or
activities, regardless of when and where occurring, which
constitute criminal conduct or may reasonably be expected to
harm the employer's property, operations or business, or could
by the employee's action cause the employer financial
liability. A record which is kept by the employer as permitted
under this Section shall be part of the personnel record.
(Source: P.A. 91-357, eff. 7-29-99.)
SB3624 - 59 - LRB100 22482 AXK 41373 b
INDEX
Statutes amended in order of appearance