100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3022

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Code and the Illinois Educational Labor Relations Act. Provides that, on and after September 1, 2018, all teacher evaluation ratings on record as "excellent", "proficient", or "needs improvement" are considered "effective", and all teacher evaluation ratings on record as "unsatisfactory" are considered "ineffective" for the purposes of the Employment of Teachers Article. Makes other changes concerning the waiver or modification of mandates; school report cards; license suspension or revocation; contractual continued service; removal or dismissal of teachers; an optional alternative evaluative dismissal process; evaluation plans; a local appeal process for ineffective ratings; rules; the appointment and promotion of teachers in Chicago; alternative procedures for teacher evaluation, remediation, and removal in Chicago; and the Open Meetings Act.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3022LRB100 10738 NHT 20968 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25g, 10-17a, 21B-75, 24-11, 24-12, 24-16.5, 24A-4, 24A-5,
624A-7, 34-84, and 34-85c and by adding Sections 24-9.5 and
724A-5.5 as follows:
 
8    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
9    Sec. 2-3.25g. Waiver or modification of mandates within the
10School Code and administrative rules and regulations.
11    (a) In this Section:
12        "Board" means a school board or the governing board or
13    administrative district, as the case may be, for a joint
14    agreement.
15        "Eligible applicant" means a school district, joint
16    agreement made up of school districts, or regional
17    superintendent of schools on behalf of schools and programs
18    operated by the regional office of education.
19        "Implementation date" has the meaning set forth in
20    Section 24A-2.5 of this Code.
21        "State Board" means the State Board of Education.
22    (b) Notwithstanding any other provisions of this School
23Code or any other law of this State to the contrary, eligible

 

 

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1applicants may petition the State Board of Education for the
2waiver or modification of the mandates of this School Code or
3of the administrative rules and regulations promulgated by the
4State Board of Education. Waivers or modifications of
5administrative rules and regulations and modifications of
6mandates of this School Code may be requested when an eligible
7applicant demonstrates that it can address the intent of the
8rule or mandate in a more effective, efficient, or economical
9manner or when necessary to stimulate innovation or improve
10student performance. Waivers of mandates of the School Code may
11be requested when the waivers are necessary to stimulate
12innovation or improve student performance. Waivers may not be
13requested from laws, rules, and regulations pertaining to
14special education, teacher educator licensure, teacher tenure
15and seniority, or Section 5-2.1 of this Code or from compliance
16with the No Child Left Behind Act of 2001 (Public Law 107-110).
17Eligible applicants may not seek a waiver or seek a
18modification of a mandate regarding the requirements for (i)
19student performance data to be a significant factor in teacher
20or principal evaluations or (ii) teachers and principals to be
21rated using the 4 categories of "excellent", "proficient",
22"needs improvement", or "unsatisfactory" or, on and after
23September 1, 2018, teachers to be rated using the 2 categories
24of "effective" and "ineffective". On September 1, 2014, any
25previously authorized waiver or modification from such
26requirements shall terminate.

 

 

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1    (c) Eligible applicants, as a matter of inherent managerial
2policy, and any Independent Authority established under
3Section 2-3.25f-5 of this Code may submit an application for a
4waiver or modification authorized under this Section. Each
5application must include a written request by the eligible
6applicant or Independent Authority and must demonstrate that
7the intent of the mandate can be addressed in a more effective,
8efficient, or economical manner or be based upon a specific
9plan for improved student performance and school improvement.
10Any eligible applicant requesting a waiver or modification for
11the reason that intent of the mandate can be addressed in a
12more economical manner shall include in the application a
13fiscal analysis showing current expenditures on the mandate and
14projected savings resulting from the waiver or modification.
15Applications and plans developed by eligible applicants must be
16approved by the board or regional superintendent of schools
17applying on behalf of schools or programs operated by the
18regional office of education following a public hearing on the
19application and plan and the opportunity for the board or
20regional superintendent to hear testimony from staff directly
21involved in its implementation, parents, and students. The time
22period for such testimony shall be separate from the time
23period established by the eligible applicant for public comment
24on other matters. If the applicant is a school district or
25joint agreement requesting a waiver or modification of Section
2627-6 of this Code, the public hearing shall be held on a day

 

 

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1other than the day on which a regular meeting of the board is
2held.
3    (c-5) If the applicant is a school district, then the
4district shall post information that sets forth the time, date,
5place, and general subject matter of the public hearing on its
6Internet website at least 14 days prior to the hearing. If the
7district is requesting to increase the fee charged for driver
8education authorized pursuant to Section 27-24.2 of this Code,
9the website information shall include the proposed amount of
10the fee the district will request. All school districts must
11publish a notice of the public hearing at least 7 days prior to
12the hearing in a newspaper of general circulation within the
13school district that sets forth the time, date, place, and
14general subject matter of the hearing. Districts requesting to
15increase the fee charged for driver education shall include in
16the published notice the proposed amount of the fee the
17district will request. If the applicant is a joint agreement or
18regional superintendent, then the joint agreement or regional
19superintendent shall post information that sets forth the time,
20date, place, and general subject matter of the public hearing
21on its Internet website at least 14 days prior to the hearing.
22If the joint agreement or regional superintendent is requesting
23to increase the fee charged for driver education authorized
24pursuant to Section 27-24.2 of this Code, the website
25information shall include the proposed amount of the fee the
26applicant will request. All joint agreements and regional

 

 

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1superintendents must publish a notice of the public hearing at
2least 7 days prior to the hearing in a newspaper of general
3circulation in each school district that is a member of the
4joint agreement or that is served by the educational service
5region that sets forth the time, date, place, and general
6subject matter of the hearing, provided that a notice appearing
7in a newspaper generally circulated in more than one school
8district shall be deemed to fulfill this requirement with
9respect to all of the affected districts. Joint agreements or
10regional superintendents requesting to increase the fee
11charged for driver education shall include in the published
12notice the proposed amount of the fee the applicant will
13request. The eligible applicant must notify in writing the
14affected exclusive collective bargaining agent and those State
15legislators representing the eligible applicant's territory of
16its intent to seek approval of a waiver or modification and of
17the hearing to be held to take testimony from staff. The
18affected exclusive collective bargaining agents shall be
19notified of such public hearing at least 7 days prior to the
20date of the hearing and shall be allowed to attend such public
21hearing. The eligible applicant shall attest to compliance with
22all of the notification and procedural requirements set forth
23in this Section.
24    (d) A request for a waiver or modification of
25administrative rules and regulations or for a modification of
26mandates contained in this School Code shall be submitted to

 

 

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1the State Board of Education within 15 days after approval by
2the board or regional superintendent of schools. The
3application as submitted to the State Board of Education shall
4include a description of the public hearing. Except with
5respect to contracting for adaptive driver education, an
6eligible applicant wishing to request a modification or waiver
7of administrative rules of the State Board of Education
8regarding contracting with a commercial driver training school
9to provide the course of study authorized under Section 27-24.2
10of this Code must provide evidence with its application that
11the commercial driver training school with which it will
12contract holds a license issued by the Secretary of State under
13Article IV of Chapter 6 of the Illinois Vehicle Code and that
14each instructor employed by the commercial driver training
15school to provide instruction to students served by the school
16district holds a valid teaching certificate or teaching
17license, as applicable, issued under the requirements of this
18Code and rules of the State Board of Education. Such evidence
19must include, but need not be limited to, a list of each
20instructor assigned to teach students served by the school
21district, which list shall include the instructor's name,
22personal identification number as required by the State Board
23of Education, birth date, and driver's license number. If the
24modification or waiver is granted, then the eligible applicant
25shall notify the State Board of Education of any changes in the
26personnel providing instruction within 15 calendar days after

 

 

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1an instructor leaves the program or a new instructor is hired.
2Such notification shall include the instructor's name,
3personal identification number as required by the State Board
4of Education, birth date, and driver's license number. If a
5school district maintains an Internet website, then the
6district shall post a copy of the final contract between the
7district and the commercial driver training school on the
8district's Internet website. If no Internet website exists,
9then the district shall make available the contract upon
10request. A record of all materials in relation to the
11application for contracting must be maintained by the school
12district and made available to parents and guardians upon
13request. The instructor's date of birth and driver's license
14number and any other personally identifying information as
15deemed by the federal Driver's Privacy Protection Act of 1994
16must be redacted from any public materials. Following receipt
17of the waiver or modification request, the State Board shall
18have 45 days to review the application and request. If the
19State Board fails to disapprove the application within that 45
20day period, the waiver or modification shall be deemed granted.
21The State Board may disapprove any request if it is not based
22upon sound educational practices, endangers the health or
23safety of students or staff, compromises equal opportunities
24for learning, or fails to demonstrate that the intent of the
25rule or mandate can be addressed in a more effective,
26efficient, or economical manner or have improved student

 

 

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1performance as a primary goal. Any request disapproved by the
2State Board may be appealed to the General Assembly by the
3eligible applicant as outlined in this Section.
4    A request for a waiver from mandates contained in this
5School Code shall be submitted to the State Board within 15
6days after approval by the board or regional superintendent of
7schools. The application as submitted to the State Board of
8Education shall include a description of the public hearing.
9The description shall include, but need not be limited to, the
10means of notice, the number of people in attendance, the number
11of people who spoke as proponents or opponents of the waiver, a
12brief description of their comments, and whether there were any
13written statements submitted. The State Board shall review the
14applications and requests for completeness and shall compile
15the requests in reports to be filed with the General Assembly.
16The State Board shall file reports outlining the waivers
17requested by eligible applicants and appeals by eligible
18applicants of requests disapproved by the State Board with the
19Senate and the House of Representatives before each March 1 and
20October 1. The General Assembly may disapprove the report of
21the State Board in whole or in part within 60 calendar days
22after each house of the General Assembly next convenes after
23the report is filed by adoption of a resolution by a record
24vote of the majority of members elected in each house. If the
25General Assembly fails to disapprove any waiver request or
26appealed request within such 60 day period, the waiver or

 

 

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1modification shall be deemed granted. Any resolution adopted by
2the General Assembly disapproving a report of the State Board
3in whole or in part shall be binding on the State Board.
4    (e) An approved waiver or modification (except a waiver
5from or modification to a physical education mandate) may
6remain in effect for a period not to exceed 5 school years and
7may be renewed upon application by the eligible applicant.
8However, such waiver or modification may be changed within that
95-year period by a board or regional superintendent of schools
10applying on behalf of schools or programs operated by the
11regional office of education following the procedure as set
12forth in this Section for the initial waiver or modification
13request. If neither the State Board of Education nor the
14General Assembly disapproves, the change is deemed granted.
15    An approved waiver from or modification to a physical
16education mandate may remain in effect for a period not to
17exceed 2 school years and may be renewed no more than 2 times
18upon application by the eligible applicant. An approved waiver
19from or modification to a physical education mandate may be
20changed within the 2-year period by the board or regional
21superintendent of schools, whichever is applicable, following
22the procedure set forth in this Section for the initial waiver
23or modification request. If neither the State Board of
24Education nor the General Assembly disapproves, the change is
25deemed granted.
26    (f) (Blank).

 

 

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1(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
298-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
 
3    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
4    Sec. 10-17a. State, school district, and school report
5cards.
6    (1) By October 31, 2013 and October 31 of each subsequent
7school year, the State Board of Education, through the State
8Superintendent of Education, shall prepare a State report card,
9school district report cards, and school report cards, and
10shall by the most economic means provide to each school
11district in this State, including special charter districts and
12districts subject to the provisions of Article 34, the report
13cards for the school district and each of its schools.
14    (2) In addition to any information required by federal law,
15the State Superintendent shall determine the indicators and
16presentation of the school report card, which must include, at
17a minimum, the most current data possessed by the State Board
18of Education related to the following:
19        (A) school characteristics and student demographics,
20    including average class size, average teaching experience,
21    student racial/ethnic breakdown, and the percentage of
22    students classified as low-income; the percentage of
23    students classified as English learners; the percentage of
24    students who have individualized education plans or 504
25    plans that provide for special education services; the

 

 

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1    percentage of students who annually transferred in or out
2    of the school district; the per-pupil operating
3    expenditure of the school district; and the per-pupil State
4    average operating expenditure for the district type
5    (elementary, high school, or unit);
6        (B) curriculum information, including, where
7    applicable, Advanced Placement, International
8    Baccalaureate or equivalent courses, dual enrollment
9    courses, foreign language classes, school personnel
10    resources (including Career Technical Education teachers),
11    before and after school programs, extracurricular
12    activities, subjects in which elective classes are
13    offered, health and wellness initiatives (including the
14    average number of days of Physical Education per week per
15    student), approved programs of study, awards received,
16    community partnerships, and special programs such as
17    programming for the gifted and talented, students with
18    disabilities, and work-study students;
19        (C) student outcomes, including, where applicable, the
20    percentage of students deemed proficient on assessments of
21    State standards, the percentage of students in the eighth
22    grade who pass Algebra, the percentage of students enrolled
23    in post-secondary institutions (including colleges,
24    universities, community colleges, trade/vocational
25    schools, and training programs leading to career
26    certification within 2 semesters of high school

 

 

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1    graduation), the percentage of students graduating from
2    high school who are college and career ready, and the
3    percentage of graduates enrolled in community colleges,
4    colleges, and universities who are in one or more courses
5    that the community college, college, or university
6    identifies as a developmental course;
7        (D) student progress, including, where applicable, the
8    percentage of students in the ninth grade who have earned 5
9    credits or more without failing more than one core class, a
10    measure of students entering kindergarten ready to learn, a
11    measure of growth, and the percentage of students who enter
12    high school on track for college and career readiness;
13        (E) the school environment, including, where
14    applicable, the percentage of students with less than 10
15    absences in a school year, the percentage of teachers with
16    less than 10 absences in a school year for reasons other
17    than professional development, leaves taken pursuant to
18    the federal Family Medical Leave Act of 1993, long-term
19    disability, or parental leaves, the 3-year average of the
20    percentage of teachers returning to the school from the
21    previous year, the number of different principals at the
22    school in the last 6 years, 2 or more indicators from any
23    school climate survey selected or approved by the State and
24    administered pursuant to Section 2-3.153 of this Code, with
25    the same or similar indicators included on school report
26    cards for all surveys selected or approved by the State

 

 

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1    pursuant to Section 2-3.153 of this Code, and the combined
2    percentage of teachers rated as proficient or excellent or,
3    on or after September 1, 2018, "effective" in their most
4    recent evaluation; and
5        (F) a school district's and its individual schools'
6    balanced accountability measure, in accordance with
7    Section 2-3.25a of this Code.
8    The school report card shall also provide information that
9allows for comparing the current outcome, progress, and
10environment data to the State average, to the school data from
11the past 5 years, and to the outcomes, progress, and
12environment of similar schools based on the type of school and
13enrollment of low-income students, special education students,
14and English learners.
15    (3) At the discretion of the State Superintendent, the
16school district report card shall include a subset of the
17information identified in paragraphs (A) through (E) of
18subsection (2) of this Section, as well as information relating
19to the operating expense per pupil and other finances of the
20school district, and the State report card shall include a
21subset of the information identified in paragraphs (A) through
22(E) of subsection (2) of this Section.
23    (4) Notwithstanding anything to the contrary in this
24Section, in consultation with key education stakeholders, the
25State Superintendent shall at any time have the discretion to
26amend or update any and all metrics on the school, district, or

 

 

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1State report card.
2    (5) Annually, no more than 30 calendar days after receipt
3of the school district and school report cards from the State
4Superintendent of Education, each school district, including
5special charter districts and districts subject to the
6provisions of Article 34, shall present such report cards at a
7regular school board meeting subject to applicable notice
8requirements, post the report cards on the school district's
9Internet web site, if the district maintains an Internet web
10site, make the report cards available to a newspaper of general
11circulation serving the district, and, upon request, send the
12report cards home to a parent (unless the district does not
13maintain an Internet web site, in which case the report card
14shall be sent home to parents without request). If the district
15posts the report card on its Internet web site, the district
16shall send a written notice home to parents stating (i) that
17the report card is available on the web site, (ii) the address
18of the web site, (iii) that a printed copy of the report card
19will be sent to parents upon request, and (iv) the telephone
20number that parents may call to request a printed copy of the
21report card.
22    (6) Nothing contained in this amendatory Act of the 98th
23General Assembly repeals, supersedes, invalidates, or
24nullifies final decisions in lawsuits pending on the effective
25date of this amendatory Act of the 98th General Assembly in
26Illinois courts involving the interpretation of Public Act

 

 

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197-8.
2(Source: P.A. 98-463, eff. 8-16-13; 98-648, eff. 7-1-14; 99-30,
3eff. 7-10-15; 99-193, eff. 7-30-15; 99-642, eff. 7-28-16.)
 
4    (105 ILCS 5/21B-75)
5    Sec. 21B-75. Suspension or revocation of license.
6    (a) As used in this Section, "teacher" means any school
7district employee regularly required to be licensed, as
8provided in this Article, in order to teach or supervise in the
9public schools.
10    (b) The State Superintendent of Education has the exclusive
11authority, in accordance with this Section and any rules
12adopted by the State Board of Education, in consultation with
13the State Educator Preparation and Licensure Board, to initiate
14the suspension of up to 5 calendar years or revocation of any
15license issued pursuant to this Article for abuse or neglect of
16a child, immorality, a condition of health detrimental to the
17welfare of pupils, incompetency, unprofessional conduct (which
18includes the failure to disclose on an employment application
19any previous conviction for a sex offense, as defined in
20Section 21B-80 of this Code, or any other offense committed in
21any other state or against the laws of the United States that,
22if committed in this State, would be punishable as a sex
23offense, as defined in Section 21B-80 of this Code), the
24neglect of any professional duty, willful failure to report an
25instance of suspected child abuse or neglect as required by the

 

 

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1Abused and Neglected Child Reporting Act, failure to establish
2satisfactory repayment on an educational loan guaranteed by the
3Illinois Student Assistance Commission, or other just cause.
4Unprofessional conduct shall include the refusal to attend or
5participate in institutes, teachers' meetings, or professional
6readings or to meet other reasonable requirements of the
7regional superintendent of schools or State Superintendent of
8Education. Unprofessional conduct also includes conduct that
9violates the standards, ethics, or rules applicable to the
10security, administration, monitoring, or scoring of or the
11reporting of scores from any assessment test or examination
12administered under Section 2-3.64a-5 of this Code or that is
13known or intended to produce or report manipulated or
14artificial, rather than actual, assessment or achievement
15results or gains from the administration of those tests or
16examinations. Unprofessional conduct shall also include
17neglect or unnecessary delay in the making of statistical and
18other reports required by school officers. Incompetency shall
19include, without limitation, 2 or more school terms of service
20for which the license holder has received an unsatisfactory or,
21on and after September 1, 2018, ineffective rating on a
22performance evaluation conducted pursuant to Article 24A of
23this Code within a period of 7 school terms of service. In
24determining whether to initiate action against one or more
25licenses based on incompetency and the recommended sanction for
26such action, the State Superintendent shall consider factors

 

 

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1that include without limitation all of the following:
2        (1) Whether the unsatisfactory or ineffective
3    evaluation ratings occurred prior to June 13, 2011 (the
4    effective date of Public Act 97-8).
5        (2) Whether the unsatisfactory or ineffective
6    evaluation ratings occurred prior to or after the
7    implementation date, as defined in Section 24A-2.5 of this
8    Code, of an evaluation system for teachers in a school
9    district.
10        (3) Whether the evaluator or evaluators who performed
11    an unsatisfactory or ineffective evaluation met the
12    pre-licensure and training requirements set forth in
13    Section 24A-3 of this Code.
14        (4) The time between the unsatisfactory or ineffective
15    evaluation ratings.
16        (5) The quality of the remediation plans associated
17    with the unsatisfactory or ineffective evaluation ratings
18    and whether the license holder successfully completed the
19    remediation plans.
20        (6) Whether the unsatisfactory or ineffective
21    evaluation ratings were related to the same or different
22    assignments performed by the license holder.
23        (7) Whether one or more of the unsatisfactory or
24    ineffective evaluation ratings occurred in the first year
25    of a teaching or administrative assignment.
26When initiating an action against one or more licenses, the

 

 

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1State Superintendent may seek required professional
2development as a sanction in lieu of or in addition to
3suspension or revocation. Any such required professional
4development must be at the expense of the license holder, who
5may use, if available and applicable to the requirements
6established by administrative or court order, training,
7coursework, or other professional development funds in
8accordance with the terms of an applicable collective
9bargaining agreement entered into after June 13, 2011 (the
10effective date of Public Act 97-8), unless that agreement
11specifically precludes use of funds for such purpose.
12    (c) The State Superintendent of Education shall, upon
13receipt of evidence of abuse or neglect of a child, immorality,
14a condition of health detrimental to the welfare of pupils,
15incompetency (subject to subsection (b) of this Section),
16unprofessional conduct, the neglect of any professional duty,
17or other just cause, further investigate and, if and as
18appropriate, serve written notice to the individual and afford
19the individual opportunity for a hearing prior to suspension,
20revocation, or other sanction; provided that the State
21Superintendent is under no obligation to initiate such an
22investigation if the Department of Children and Family Services
23is investigating the same or substantially similar allegations
24and its child protective service unit has not made its
25determination, as required under Section 7.12 of the Abused and
26Neglected Child Reporting Act. If the State Superintendent of

 

 

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1Education does not receive from an individual a request for a
2hearing within 10 days after the individual receives notice,
3the suspension, revocation, or other sanction shall
4immediately take effect in accordance with the notice. If a
5hearing is requested within 10 days after notice of an
6opportunity for hearing, it shall act as a stay of proceedings
7until the State Educator Preparation and Licensure Board issues
8a decision. Any hearing shall take place in the educational
9service region where the educator is or was last employed and
10in accordance with rules adopted by the State Board of
11Education, in consultation with the State Educator Preparation
12and Licensure Board, and such rules shall include without
13limitation provisions for discovery and the sharing of
14information between parties prior to the hearing. The standard
15of proof for any administrative hearing held pursuant to this
16Section shall be by the preponderance of the evidence. The
17decision of the State Educator Preparation and Licensure Board
18is a final administrative decision and is subject to judicial
19review by appeal of either party.
20    The State Board of Education may refuse to issue or may
21suspend the license of any person who fails to file a return or
22to pay the tax, penalty, or interest shown in a filed return or
23to pay any final assessment of tax, penalty, or interest, as
24required by any tax Act administered by the Department of
25Revenue, until such time as the requirements of any such tax
26Act are satisfied.

 

 

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1    The exclusive authority of the State Superintendent of
2Education to initiate suspension or revocation of a license
3pursuant to this Section does not preclude a regional
4superintendent of schools from cooperating with the State
5Superintendent or a State's Attorney with respect to an
6investigation of alleged misconduct.
7    (d) The State Superintendent of Education or his or her
8designee may initiate and conduct such investigations as may be
9reasonably necessary to establish the existence of any alleged
10misconduct. At any stage of the investigation, the State
11Superintendent may issue a subpoena requiring the attendance
12and testimony of a witness, including the license holder, and
13the production of any evidence, including files, records,
14correspondence, or documents, relating to any matter in
15question in the investigation. The subpoena shall require a
16witness to appear at the State Board of Education at a
17specified date and time and shall specify any evidence to be
18produced. The license holder is not entitled to be present, but
19the State Superintendent shall provide the license holder with
20a copy of any recorded testimony prior to a hearing under this
21Section. Such recorded testimony must not be used as evidence
22at a hearing, unless the license holder has adequate notice of
23the testimony and the opportunity to cross-examine the witness.
24Failure of a license holder to comply with a duly issued,
25investigatory subpoena may be grounds for revocation,
26suspension, or denial of a license.

 

 

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1    (e) All correspondence, documentation, and other
2information so received by the regional superintendent of
3schools, the State Superintendent of Education, the State Board
4of Education, or the State Educator Preparation and Licensure
5Board under this Section is confidential and must not be
6disclosed to third parties, except (i) as necessary for the
7State Superintendent of Education or his or her designee to
8investigate and prosecute pursuant to this Article, (ii)
9pursuant to a court order, (iii) for disclosure to the license
10holder or his or her representative, or (iv) as otherwise
11required in this Article and provided that any such information
12admitted into evidence in a hearing is exempt from this
13confidentiality and non-disclosure requirement.
14    (f) The State Superintendent of Education or a person
15designated by him or her shall have the power to administer
16oaths to witnesses at any hearing conducted before the State
17Educator Preparation and Licensure Board pursuant to this
18Section. The State Superintendent of Education or a person
19designated by him or her is authorized to subpoena and bring
20before the State Educator Preparation and Licensure Board any
21person in this State and to take testimony either orally or by
22deposition or by exhibit, with the same fees and mileage and in
23the same manner as prescribed by law in judicial proceedings in
24civil cases in circuit courts of this State.
25    (g) Any circuit court, upon the application of the State
26Superintendent of Education or the license holder, may, by

 

 

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1order duly entered, require the attendance of witnesses and the
2production of relevant books and papers as part of any
3investigation or at any hearing the State Educator Preparation
4and Licensure Board is authorized to conduct pursuant to this
5Section, and the court may compel obedience to its orders by
6proceedings for contempt.
7    (h) The State Board of Education shall receive an annual
8line item appropriation to cover fees associated with the
9investigation and prosecution of alleged educator misconduct
10and hearings related thereto.
11(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
126-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
 
13    (105 ILCS 5/24-9.5 new)
14    Sec. 24-9.5. Teacher evaluation ratings on and after
15September 1, 2018. On and after September 1, 2018, pursuant to
16this Section, all teacher evaluation ratings on record as
17"excellent", "proficient", or "needs improvement" are
18considered "effective" and all teacher evaluation ratings on
19record as "unsatisfactory" are considered "ineffective" for
20the purposes of this Article.
 
21    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
22    Sec. 24-11. Boards of Education - Boards of School
23Inspectors - Contractual continued service.
24    (a) As used in this and the succeeding Sections of this

 

 

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1Article:
2    "Teacher" means any or all school district employees
3regularly required to be certified under laws relating to the
4certification of teachers.
5    "Board" means board of directors, board of education, or
6board of school inspectors, as the case may be.
7    "School term" means that portion of the school year, July 1
8to the following June 30, when school is in actual session.
9    "Program" means a program of a special education joint
10agreement.
11    "Program of a special education joint agreement" means
12instructional, consultative, supervisory, administrative,
13diagnostic, and related services that are managed by a special
14educational joint agreement designed to service 2 or more
15school districts that are members of the joint agreement.
16    "PERA implementation date" means the implementation date
17of an evaluation system for teachers as specified by Section
1824A-2.5 of this Code for all schools within a school district
19or all programs of a special education joint agreement.
20    (b) This Section and Sections 24-12 through 24-16 of this
21Article apply only to school districts having less than 500,000
22inhabitants.
23    (c) Any teacher who is first employed as a full-time
24teacher in a school district or program prior to the PERA
25implementation date and who is employed in that district or
26program for a probationary period of 4 consecutive school terms

 

 

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1shall enter upon contractual continued service in the district
2or in all of the programs that the teacher is legally qualified
3to hold, unless the teacher is given written notice of
4dismissal by certified mail, return receipt requested, by the
5employing board at least 45 days before the end of any school
6term within such period.
7    (d) For any teacher who is first employed as a full-time
8teacher in a school district or program on or after the PERA
9implementation date, the probationary period shall be one of
10the following periods, based upon the teacher's school terms of
11service and performance, before the teacher shall enter upon
12contractual continued service in the district or in all of the
13programs that the teacher is legally qualified to hold, unless
14the teacher is given written notice of dismissal by certified
15mail, return receipt requested, by the employing board at least
1645 days before the end of any school term within such period:
17        (1) 4 consecutive school terms of service in which the
18    teacher receives overall annual evaluation ratings of at
19    least "Proficient" or, on or after September 1, 2018,
20    "effective" in the last school term and at least
21    "Proficient" or, on or after September 1, 2018, "effective"
22    in either the second or third school term;
23        (2) (blank); or 3 consecutive school terms of service
24    in which the teacher receives 3 overall annual evaluations
25    of "Excellent"; or
26        (3) 2 consecutive school terms of service in which the

 

 

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1    teacher receives 2 overall annual evaluations of
2    "Excellent" or, on or after September 1, 2018, "effective"
3    service, but only if the teacher (i) previously attained
4    contractual continued service in a different school
5    district or program in this State, (ii) voluntarily
6    departed or was honorably dismissed from that school
7    district or program in the school term immediately prior to
8    the teacher's first school term of service applicable to
9    the attainment of contractual continued service under this
10    subdivision (3), and (iii) received, in his or her 2 most
11    recent overall annual or biennial evaluations from the
12    prior school district or program, ratings of at least
13    "Proficient" or, on or after September 1, 2018,
14    "effective", with both such ratings occurring after the
15    school district's or program's PERA implementation date.
16    For a teacher to attain contractual continued service under
17    this subdivision (3), the teacher shall provide official
18    copies of his or her 2 most recent overall annual or
19    biennial evaluations from the prior school district or
20    program to the new school district or program within 60
21    days from the teacher's first day of service with the new
22    school district or program. The prior school district or
23    program must provide the teacher with official copies of
24    his or her 2 most recent overall annual or biennial
25    evaluations within 14 days after the teacher's request. If
26    a teacher has requested such official copies prior to 45

 

 

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1    days after the teacher's first day of service with the new
2    school district or program and the teacher's prior school
3    district or program fails to provide the teacher with the
4    official copies required under this subdivision (3), then
5    the time period for the teacher to submit the official
6    copies to his or her new school district or program must be
7    extended until 14 days after receipt of such copies from
8    the prior school district or program. If the prior school
9    district or program fails to provide the teacher with the
10    official copies required under this subdivision (3) within
11    90 days from the teacher's first day of service with the
12    new school district or program, then the new school
13    district or program shall rely upon the teacher's own
14    copies of his or her evaluations for purposes of this
15    subdivision (3).
16    If the teacher does not receive overall annual evaluations
17of "Excellent" or, on or after September 1, 2018, "effective"
18in the school terms necessary for eligibility to achieve
19accelerated contractual continued service in subdivisions (2)
20and (3) of this subsection (d), the teacher shall be eligible
21for contractual continued service pursuant to subdivision (1)
22of this subsection (d). If, at the conclusion of 4 consecutive
23school terms of service that count toward attainment of
24contractual continued service, the teacher's performance does
25not qualify the teacher for contractual continued service under
26subdivision (1) of this subsection (d), then the teacher shall

 

 

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1not enter upon contractual continued service and shall be
2dismissed. If a performance evaluation is not conducted for any
3school term when such evaluation is required to be conducted
4under Section 24A-5 of this Code, then the teacher's
5performance evaluation rating for such school term for purposes
6of determining the attainment of contractual continued service
7shall be deemed "Proficient" or, on or after September 1, 2018,
8"effective".
9    (e) For the purposes of determining contractual continued
10service, a school term shall be counted only toward attainment
11of contractual continued service if the teacher actually
12teaches or is otherwise present and participating in the
13district's or program's educational program for 120 days or
14more, provided that the days of leave under the federal Family
15Medical Leave Act that the teacher is required to take until
16the end of the school term shall be considered days of teaching
17or participation in the district's or program's educational
18program. A school term that is not counted toward attainment of
19contractual continued service shall not be considered a break
20in service for purposes of determining whether a teacher has
21been employed for 4 consecutive school terms, provided that the
22teacher actually teaches or is otherwise present and
23participating in the district's or program's educational
24program in the following school term.
25    (f) If the employing board determines to dismiss the
26teacher in the last year of the probationary period as provided

 

 

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1in subsection (c) of this Section or subdivision (1) or (2) of
2subsection (d) of this Section, but not subdivision (3) of
3subsection (d) of this Section, the written notice of dismissal
4provided by the employing board must contain specific reasons
5for dismissal. Any full-time teacher who does not receive
6written notice from the employing board at least 45 days before
7the end of any school term as provided in this Section and
8whose performance does not require dismissal after the fourth
9probationary year pursuant to subsection (d) of this Section
10shall be re-employed for the following school term.
11    (g) Contractual continued service shall continue in effect
12the terms and provisions of the contract with the teacher
13during the last school term of the probationary period, subject
14to this Act and the lawful regulations of the employing board.
15This Section and succeeding Sections do not modify any existing
16power of the board except with respect to the procedure of the
17discharge of a teacher and reductions in salary as hereinafter
18provided. Contractual continued service status shall not
19restrict the power of the board to transfer a teacher to a
20position which the teacher is qualified to fill or to make such
21salary adjustments as it deems desirable, but unless reductions
22in salary are uniform or based upon some reasonable
23classification, any teacher whose salary is reduced shall be
24entitled to a notice and a hearing as hereinafter provided in
25the case of certain dismissals or removals.
26    (h) If, by reason of any change in the boundaries of school

 

 

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1districts or by reason of the creation of a new school
2district, the position held by any teacher having a contractual
3continued service status is transferred from one board to the
4control of a new or different board, then the contractual
5continued service status of the teacher is not thereby lost,
6and such new or different board is subject to this Code with
7respect to the teacher in the same manner as if the teacher
8were its employee and had been its employee during the time the
9teacher was actually employed by the board from whose control
10the position was transferred.
11    (i) The employment of any teacher in a program of a special
12education joint agreement established under Section 3-15.14,
1310-22.31 or 10-22.31a shall be governed by this and succeeding
14Sections of this Article. For purposes of attaining and
15maintaining contractual continued service and computing length
16of continuing service as referred to in this Section and
17Section 24-12, employment in a special educational joint
18program shall be deemed a continuation of all previous
19certificated employment of such teacher for such joint
20agreement whether the employer of the teacher was the joint
21agreement, the regional superintendent, or one of the
22participating districts in the joint agreement.
23    (j) For any teacher employed after July 1, 1987 as a
24full-time teacher in a program of a special education joint
25agreement, whether the program is operated by the joint
26agreement or a member district on behalf of the joint

 

 

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1agreement, in the event of a reduction in the number of
2programs or positions in the joint agreement in which the
3notice of dismissal is provided on or before the end of the
42010-2011 school term, the teacher in contractual continued
5service is eligible for employment in the joint agreement
6programs for which the teacher is legally qualified in order of
7greater length of continuing service in the joint agreement,
8unless an alternative method of determining the sequence of
9dismissal is established in a collective bargaining agreement.
10For any teacher employed after July 1, 1987 as a full-time
11teacher in a program of a special education joint agreement,
12whether the program is operated by the joint agreement or a
13member district on behalf of the joint agreement, in the event
14of a reduction in the number of programs or positions in the
15joint agreement in which the notice of dismissal is provided
16during the 2011-2012 school term or a subsequent school term,
17the teacher shall be included on the honorable dismissal lists
18of all joint agreement programs for positions for which the
19teacher is qualified and is eligible for employment in such
20programs in accordance with subsections (b) and (c) of Section
2124-12 of this Code and the applicable honorable dismissal
22policies of the joint agreement.
23    (k) For any teacher employed after July 1, 1987 as a
24full-time teacher in a program of a special education joint
25agreement, whether the program is operated by the joint
26agreement or a member district on behalf of the joint

 

 

HB3022- 31 -LRB100 10738 NHT 20968 b

1agreement, in the event of the dissolution of a joint
2agreement, in which the notice to teachers of the dissolution
3is provided during the 2010-2011 school term, the teacher in
4contractual continued service who is legally qualified shall be
5assigned to any comparable position in a member district
6currently held by a teacher who has not entered upon
7contractual continued service or held by a teacher who has
8entered upon contractual continued service with a shorter
9length of contractual continued service. Any teacher employed
10after July 1, 1987 as a full-time teacher in a program of a
11special education joint agreement, whether the program is
12operated by the joint agreement or a member district on behalf
13of the joint agreement, in the event of the dissolution of a
14joint agreement in which the notice to teachers of the
15dissolution is provided during the 2011-2012 school term or a
16subsequent school term, the teacher who is qualified shall be
17included on the order of honorable dismissal lists of each
18member district and shall be assigned to any comparable
19position in any such district in accordance with subsections
20(b) and (c) of Section 24-12 of this Code and the applicable
21honorable dismissal policies of each member district.
22    (l) The governing board of the joint agreement, or the
23administrative district, if so authorized by the articles of
24agreement of the joint agreement, rather than the board of
25education of a school district, may carry out employment and
26termination actions including dismissals under this Section

 

 

HB3022- 32 -LRB100 10738 NHT 20968 b

1and Section 24-12.
2    (m) The employment of any teacher in a special education
3program authorized by Section 14-1.01 through 14-14.01, or a
4joint educational program established under Section 10-22.31a,
5shall be under this and the succeeding Sections of this
6Article, and such employment shall be deemed a continuation of
7the previous employment of such teacher in any of the
8participating districts, regardless of the participation of
9other districts in the program.
10    (n) Any teacher employed as a full-time teacher in a
11special education program prior to September 23, 1987 in which
122 or more school districts participate for a probationary
13period of 2 consecutive years shall enter upon contractual
14continued service in each of the participating districts,
15subject to this and the succeeding Sections of this Article,
16and, notwithstanding Section 24-1.5 of this Code, in the event
17of the termination of the program shall be eligible for any
18vacant position in any of such districts for which such teacher
19is qualified.
20(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
21    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
22    Sec. 24-12. Removal or dismissal of teachers in contractual
23continued service.
24    (a) This subsection (a) applies only to honorable
25dismissals and recalls in which the notice of dismissal is

 

 

HB3022- 33 -LRB100 10738 NHT 20968 b

1provided on or before the end of the 2010-2011 school term. If
2a teacher in contractual continued service is removed or
3dismissed as a result of a decision of the board to decrease
4the number of teachers employed by the board or to discontinue
5some particular type of teaching service, written notice shall
6be mailed to the teacher and also given the teacher either by
7certified mail, return receipt requested or personal delivery
8with receipt at least 60 days before the end of the school
9term, together with a statement of honorable dismissal and the
10reason therefor, and in all such cases the board shall first
11remove or dismiss all teachers who have not entered upon
12contractual continued service before removing or dismissing
13any teacher who has entered upon contractual continued service
14and who is legally qualified to hold a position currently held
15by a teacher who has not entered upon contractual continued
16service.
17    As between teachers who have entered upon contractual
18continued service, the teacher or teachers with the shorter
19length of continuing service with the district shall be
20dismissed first unless an alternative method of determining the
21sequence of dismissal is established in a collective bargaining
22agreement or contract between the board and a professional
23faculty members' organization and except that this provision
24shall not impair the operation of any affirmative action
25program in the district, regardless of whether it exists by
26operation of law or is conducted on a voluntary basis by the

 

 

HB3022- 34 -LRB100 10738 NHT 20968 b

1board. Any teacher dismissed as a result of such decrease or
2discontinuance shall be paid all earned compensation on or
3before the third business day following the last day of pupil
4attendance in the regular school term.
5    If the board has any vacancies for the following school
6term or within one calendar year from the beginning of the
7following school term, the positions thereby becoming
8available shall be tendered to the teachers so removed or
9dismissed so far as they are legally qualified to hold such
10positions; provided, however, that if the number of honorable
11dismissal notices based on economic necessity exceeds 15% of
12the number of full time equivalent positions filled by
13certified employees (excluding principals and administrative
14personnel) during the preceding school year, then if the board
15has any vacancies for the following school term or within 2
16calendar years from the beginning of the following school term,
17the positions so becoming available shall be tendered to the
18teachers who were so notified and removed or dismissed whenever
19they are legally qualified to hold such positions. Each board
20shall, in consultation with any exclusive employee
21representatives, each year establish a list, categorized by
22positions, showing the length of continuing service of each
23teacher who is qualified to hold any such positions, unless an
24alternative method of determining a sequence of dismissal is
25established as provided for in this Section, in which case a
26list shall be made in accordance with the alternative method.

 

 

HB3022- 35 -LRB100 10738 NHT 20968 b

1Copies of the list shall be distributed to the exclusive
2employee representative on or before February 1 of each year.
3Whenever the number of honorable dismissal notices based upon
4economic necessity exceeds 5, or 150% of the average number of
5teachers honorably dismissed in the preceding 3 years,
6whichever is more, then the board also shall hold a public
7hearing on the question of the dismissals. Following the
8hearing and board review the action to approve any such
9reduction shall require a majority vote of the board members.
10    (b) This subsection (b) applies only to honorable
11dismissals and recalls in which the notice of dismissal is
12provided during the 2011-2012 school term or a subsequent
13school term. If any teacher, whether or not in contractual
14continued service, is removed or dismissed as a result of a
15decision of a school board to decrease the number of teachers
16employed by the board, a decision of a school board to
17discontinue some particular type of teaching service, or a
18reduction in the number of programs or positions in a special
19education joint agreement, then written notice must be mailed
20to the teacher and also given to the teacher either by
21certified mail, return receipt requested, or personal delivery
22with receipt at least 45 days before the end of the school
23term, together with a statement of honorable dismissal and the
24reason therefor, and in all such cases the sequence of
25dismissal shall occur in accordance with this subsection (b);
26except that this subsection (b) shall not impair the operation

 

 

HB3022- 36 -LRB100 10738 NHT 20968 b

1of any affirmative action program in the school district,
2regardless of whether it exists by operation of law or is
3conducted on a voluntary basis by the board.
4    Each teacher must be categorized into one or more positions
5for which the teacher is qualified to hold, based upon legal
6qualifications and any other qualifications established in a
7district or joint agreement job description, on or before the
8May 10 prior to the school year during which the sequence of
9dismissal is determined. Within each position and subject to
10agreements made by the joint committee on honorable dismissals
11that are authorized by subsection (c) of this Section, the
12school district or joint agreement must establish 4 groupings
13of teachers or, on or after September 1, 2018, 3 groupings of
14teachers qualified to hold the position as follows:
15        (1) Grouping one shall consist of each teacher who is
16    not in contractual continued service and who (i) has not
17    received a performance evaluation rating, (ii) is employed
18    for one school term or less to replace a teacher on leave,
19    or (iii) is employed on a part-time basis. "Part-time
20    basis" for the purposes of this subsection (b) means a
21    teacher who is employed to teach less than a full-day,
22    teacher workload or less than 5 days of the normal student
23    attendance week, unless otherwise provided for in a
24    collective bargaining agreement between the district and
25    the exclusive representative of the district's teachers.
26    For the purposes of this Section, a teacher (A) who is

 

 

HB3022- 37 -LRB100 10738 NHT 20968 b

1    employed as a full-time teacher but who actually teaches or
2    is otherwise present and participating in the district's
3    educational program for less than a school term or (B) who,
4    in the immediately previous school term, was employed on a
5    full-time basis and actually taught or was otherwise
6    present and participated in the district's educational
7    program for 120 days or more is not considered employed on
8    a part-time basis.
9        (2) Grouping 2 shall consist of each teacher with a
10    Needs Improvement or Unsatisfactory performance evaluation
11    rating on either of the teacher's last 2 performance
12    evaluation ratings. On and after September 1, 2018,
13    grouping 2 shall consist of each teacher with an
14    "ineffective" performance evaluation rating on the
15    teacher's most recent performance evaluation rating.
16        (3) Grouping 3 shall consist of each teacher with a
17    performance evaluation rating of at least Satisfactory or
18    Proficient on both of the teacher's last 2 performance
19    evaluation ratings, if 2 ratings are available, or on the
20    teacher's last performance evaluation rating, if only one
21    rating is available, unless the teacher qualifies for
22    placement into grouping 4. On and after September 1, 2018,
23    grouping 3 shall consist of each teacher with a performance
24    evaluation rating of "effective" on the teacher's last
25    performance evaluation rating, provided that the teacher
26    did not have an "ineffective" performance evaluation

 

 

HB3022- 38 -LRB100 10738 NHT 20968 b

1    rating on the most recent performance evaluation rating.
2        (4) Grouping 4 shall consist of each teacher whose last
3    2 performance evaluation ratings are Excellent and each
4    teacher with 2 Excellent performance evaluation ratings
5    out of the teacher's last 3 performance evaluation ratings
6    with a third rating of Satisfactory or Proficient.
7    Beginning on September 1, 2018, there is no grouping 4.
8    Among teachers qualified to hold a position, teachers must
9be dismissed in the order of their groupings, with teachers in
10grouping one dismissed first and teachers in grouping 4
11dismissed last. On and after September 1, 2018, teachers in
12grouping one shall be dismissed first, teachers in grouping 2
13dismissed second, and teachers in grouping 3 dismissed last.
14    Prior to September 1, 2018, within Within grouping one, the
15sequence of dismissal must be at the discretion of the school
16district or joint agreement. Within grouping 2, the sequence of
17dismissal must be based upon average performance evaluation
18ratings, with the teacher or teachers with the lowest average
19performance evaluation rating dismissed first. A teacher's
20average performance evaluation rating must be calculated using
21the average of the teacher's last 2 performance evaluation
22ratings, if 2 ratings are available, or the teacher's last
23performance evaluation rating, if only one rating is available,
24using the following numerical values: 4 for Excellent; 3 for
25Proficient or Satisfactory; 2 for Needs Improvement; and 1 for
26Unsatisfactory. As between or among teachers in grouping 2 with

 

 

HB3022- 39 -LRB100 10738 NHT 20968 b

1the same average performance evaluation rating and within each
2of groupings 3 and 4, the teacher or teachers with the shorter
3length of continuing service with the school district or joint
4agreement must be dismissed first unless an alternative method
5of determining the sequence of dismissal is established in a
6collective bargaining agreement or contract between the board
7and a professional faculty members' organization. On and after
8September 1, 2018, the sequence of dismissal shall be as
9follows: Within grouping one, the sequence of dismissal must be
10at the discretion of the school district or joint agreement. As
11between or among teachers in groupings 2 and 3, the teacher or
12teachers with the shorter length of continuing service with the
13school district or joint agreement must be dismissed first
14unless an alternative method of determining the sequence of
15dismissal is established in a collective bargaining agreement
16or contract between the board and a professional faculty
17members' organization.
18    Each board, including the governing board of a joint
19agreement, shall, in consultation with any exclusive employee
20representatives, each year establish a sequence of honorable
21dismissal list categorized by positions and the groupings
22defined in this subsection (b). Copies of the list showing each
23teacher by name and categorized by positions and the groupings
24defined in this subsection (b) must be distributed to the
25exclusive bargaining representative at least 75 days before the
26end of the school term, provided that the school district or

 

 

HB3022- 40 -LRB100 10738 NHT 20968 b

1joint agreement may, with notice to any exclusive employee
2representatives, move teachers from grouping one into another
3grouping during the period of time from 75 days until 45 days
4before the end of the school term. Each year, each board shall
5also establish, in consultation with any exclusive employee
6representatives, a list showing the length of continuing
7service of each teacher who is qualified to hold any such
8positions, unless an alternative method of determining a
9sequence of dismissal is established as provided for in this
10Section, in which case a list must be made in accordance with
11the alternative method. Copies of the list must be distributed
12to the exclusive employee representative at least 75 days
13before the end of the school term.
14    Any teacher dismissed as a result of such decrease or
15discontinuance must be paid all earned compensation on or
16before the third business day following the last day of pupil
17attendance in the regular school term.
18    Prior to September 1, 2018, if If the board or joint
19agreement has any vacancies for the following school term or
20within one calendar year from the beginning of the following
21school term, the positions thereby becoming available must be
22tendered to the teachers so removed or dismissed who were in
23groupings 3 or 4 of the sequence of dismissal and are qualified
24to hold the positions, based upon legal qualifications and any
25other qualifications established in a district or joint
26agreement job description, on or before the May 10 prior to the

 

 

HB3022- 41 -LRB100 10738 NHT 20968 b

1date of the positions becoming available, provided that if the
2number of honorable dismissal notices based on economic
3necessity exceeds 15% of the number of full-time equivalent
4positions filled by certified employees (excluding principals
5and administrative personnel) during the preceding school
6year, then the recall period is for the following school term
7or within 2 calendar years from the beginning of the following
8school term. If the board or joint agreement has any vacancies
9within the period from the beginning of the following school
10term through February 1 of the following school term (unless a
11date later than February 1, but no later than 6 months from the
12beginning of the following school term, is established in a
13collective bargaining agreement), the positions thereby
14becoming available must be tendered to the teachers so removed
15or dismissed who were in grouping 2 of the sequence of
16dismissal due to one "needs improvement" rating on either of
17the teacher's last 2 performance evaluation ratings, provided
18that, if 2 ratings are available, the other performance
19evaluation rating used for grouping purposes is
20"satisfactory", "proficient", or "excellent", and are
21qualified to hold the positions, based upon legal
22qualifications and any other qualifications established in a
23district or joint agreement job description, on or before the
24May 10 prior to the date of the positions becoming available.
25On and after the effective date of this amendatory Act of the
2698th General Assembly, the preceding sentence shall apply to

 

 

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1teachers removed or dismissed by honorable dismissal, even if
2notice of honorable dismissal occurred during the 2013-2014
3school year. Among teachers eligible for recall pursuant to the
4preceding sentence, the order of recall must be in inverse
5order of dismissal, unless an alternative order of recall is
6established in a collective bargaining agreement or contract
7between the board and a professional faculty members'
8organization. Whenever the number of honorable dismissal
9notices based upon economic necessity exceeds 5 notices or 150%
10of the average number of teachers honorably dismissed in the
11preceding 3 years, whichever is more, then the school board or
12governing board of a joint agreement, as applicable, shall also
13hold a public hearing on the question of the dismissals.
14Following the hearing and board review, the action to approve
15any such reduction shall require a majority vote of the board
16members. Beginning on September 1, 2018, if the board or joint
17agreement has any vacancies for the following school term or
18within one calendar year from the beginning of the following
19school term, the positions thereby becoming available must be
20tendered to the teachers so removed or dismissed who were in
21groupings 2 or 3 of the sequence of dismissal and are qualified
22to hold the positions, based upon legal qualifications and any
23other qualifications established in a district or joint
24agreement job description, on or before the May 10 prior to the
25date of the positions becoming available, provided that if the
26number of honorable dismissal notices based on economic

 

 

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1necessity exceeds 15% of the number of full-time equivalent
2positions filled by licensed employees (excluding principals
3and administrative personnel) during the preceding school
4year, then the recall period is for the following school term
5or within 2 calendar years from the beginning of the following
6school term. Among teachers eligible for recall pursuant to the
7preceding sentence, the order of recall must be in inverse
8order of dismissal, unless an alternative order of recall is
9established in a collective bargaining agreement or contract
10between the board and a professional faculty members'
11organization.
12    For purposes of this subsection (b), subject to agreement
13on an alternative definition reached by the joint committee
14described in subsection (c) of this Section, a teacher's
15performance evaluation rating means the overall performance
16evaluation rating resulting from an annual or biennial
17performance evaluation conducted pursuant to Article 24A of
18this Code by the school district or joint agreement determining
19the sequence of dismissal, not including any performance
20evaluation conducted during or at the end of a remediation
21period. No more than one evaluation rating each school term
22shall be one of the evaluation ratings used for the purpose of
23determining the sequence of dismissal. Except as otherwise
24provided in this subsection for any performance evaluations
25conducted during or at the end of a remediation period, if
26multiple performance evaluations are conducted in a school

 

 

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1term, only the rating from the last evaluation conducted prior
2to establishing the sequence of honorable dismissal list in
3such school term shall be the one evaluation rating from that
4school term used for the purpose of determining the sequence of
5dismissal. Averaging ratings from multiple evaluations is not
6permitted unless otherwise agreed to in a collective bargaining
7agreement or contract between the board and a professional
8faculty members' organization. The preceding 3 sentences are
9not a legislative declaration that existing law does or does
10not already require that only one performance evaluation each
11school term shall be used for the purpose of determining the
12sequence of dismissal. For performance evaluation ratings
13determined prior to September 1, 2012, any school district or
14joint agreement with a performance evaluation rating system
15that does not use either of the rating category systems
16specified in subsection (d) of Section 24A-5 of this Code for
17all teachers must establish a basis for assigning each teacher
18a rating that complies with subsection (d) of Section 24A-5 of
19this Code for all of the performance evaluation ratings that
20are to be used to determine the sequence of dismissal. A
21teacher's grouping and ranking on a sequence of honorable
22dismissal shall be deemed a part of the teacher's performance
23evaluation, and that information shall be disclosed to the
24exclusive bargaining representative as part of a sequence of
25honorable dismissal list, notwithstanding any laws prohibiting
26disclosure of such information. A performance evaluation

 

 

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1rating may be used to determine the sequence of dismissal,
2notwithstanding the pendency of any grievance resolution or
3arbitration procedures relating to the performance evaluation.
4If a teacher has received at least one performance evaluation
5rating conducted by the school district or joint agreement
6determining the sequence of dismissal and a subsequent
7performance evaluation is not conducted in any school year in
8which such evaluation is required to be conducted under Section
924A-5 of this Code, the teacher's performance evaluation rating
10for that school year for purposes of determining the sequence
11of dismissal is deemed Proficient or, on or after September 1,
122018, effective. If a performance evaluation rating is
13nullified as the result of an arbitration, administrative
14agency, or court determination, then the school district or
15joint agreement is deemed to have conducted a performance
16evaluation for that school year, but the performance evaluation
17rating may not be used in determining the sequence of
18dismissal.
19    Nothing in this subsection (b) shall be construed as
20limiting the right of a school board or governing board of a
21joint agreement to dismiss a teacher not in contractual
22continued service in accordance with Section 24-11 of this
23Code.
24    Any provisions regarding the sequence of honorable
25dismissals and recall of honorably dismissed teachers in a
26collective bargaining agreement entered into on or before

 

 

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1January 1, 2011 and in effect on the effective date of this
2amendatory Act of the 97th General Assembly that may conflict
3with this amendatory Act of the 97th General Assembly shall
4remain in effect through the expiration of such agreement or
5June 30, 2013, whichever is earlier.
6    (c) Each school district and special education joint
7agreement must use a joint committee composed of equal
8representation selected by the school board and its teachers
9or, if applicable, the exclusive bargaining representative of
10its teachers, to address the matters described in paragraphs
11(1) through (5) of this subsection (c) pertaining to honorable
12dismissals under subsection (b) of this Section.
13        (1) Prior to September 1, 2018, the The joint committee
14    must consider and may agree to criteria for excluding from
15    grouping 2 and placing into grouping 3 a teacher whose last
16    2 performance evaluations include a Needs Improvement and
17    either a Proficient or Excellent.
18        (2) Prior to September 1, 2018, the The joint committee
19    must consider and may agree to an alternative definition
20    for grouping 4, which definition must take into account
21    prior performance evaluation ratings and may take into
22    account other factors that relate to the school district's
23    or program's educational objectives. An alternative
24    definition for grouping 4 may not permit the inclusion of a
25    teacher in the grouping with a Needs Improvement or
26    Unsatisfactory performance evaluation rating on either of

 

 

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1    the teacher's last 2 performance evaluation ratings.
2        (3) The joint committee may agree to including within
3    the definition of a performance evaluation rating a
4    performance evaluation rating administered by a school
5    district or joint agreement other than the school district
6    or joint agreement determining the sequence of dismissal.
7        (4) For each school district or joint agreement that
8    administers performance evaluation ratings that are
9    inconsistent with either of the rating category systems
10    specified in subsection (d) of Section 24A-5 of this Code,
11    the school district or joint agreement must consult with
12    the joint committee on the basis for assigning a rating
13    that complies with subsection (d) of Section 24A-5 of this
14    Code to each performance evaluation rating that will be
15    used in a sequence of dismissal.
16        (5) Upon request by a joint committee member submitted
17    to the employing board by no later than 10 days after the
18    distribution of the sequence of honorable dismissal list, a
19    representative of the employing board shall, within 5 days
20    after the request, provide to members of the joint
21    committee a list showing the most recent and prior
22    performance evaluation ratings of each teacher identified
23    only by length of continuing service in the district or
24    joint agreement and not by name. If, after review of this
25    list, a member of the joint committee has a good faith
26    belief that a disproportionate number of teachers with

 

 

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1    greater length of continuing service with the district or
2    joint agreement have received a recent performance
3    evaluation rating lower than the prior rating, the member
4    may request that the joint committee review the list to
5    assess whether such a trend may exist. Following the joint
6    committee's review, but by no later than the end of the
7    applicable school term, the joint committee or any member
8    or members of the joint committee may submit a report of
9    the review to the employing board and exclusive bargaining
10    representative, if any. Nothing in this paragraph (5) shall
11    impact the order of honorable dismissal or a school
12    district's or joint agreement's authority to carry out a
13    dismissal in accordance with subsection (b) of this
14    Section.
15    Agreement by the joint committee as to a matter requires
16the majority vote of all committee members, and if the joint
17committee does not reach agreement on a matter, then the
18otherwise applicable requirements of subsection (b) of this
19Section shall apply. Except as explicitly set forth in this
20subsection (c), a joint committee has no authority to agree to
21any further modifications to the requirements for honorable
22dismissals set forth in subsection (b) of this Section. The
23joint committee must be established, and the first meeting of
24the joint committee each school year must occur on or before
25December 1.
26    The joint committee must reach agreement on a matter on or

 

 

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1before February 1 of a school year in order for the agreement
2of the joint committee to apply to the sequence of dismissal
3determined during that school year. Subject to the February 1
4deadline for agreements, the agreement of a joint committee on
5a matter shall apply to the sequence of dismissal until the
6agreement is amended or terminated by the joint committee.
7    The Open Meetings Act does not apply to a joint committee
8as provided in Section 18 of the Illinois Educational Labor
9Relations Act.
10    (d) Notwithstanding anything to the contrary in this
11subsection (d), the requirements and dismissal procedures of
12Section 24-16.5 of this Code shall apply to any dismissal
13sought under Section 24-16.5 of this Code.
14        (1) If a dismissal of a teacher in contractual
15    continued service is sought for any reason or cause other
16    than an honorable dismissal under subsections (a) or (b) of
17    this Section or a dismissal sought under Section 24-16.5 of
18    this Code, including those under Section 10-22.4, the board
19    must first approve a motion containing specific charges by
20    a majority vote of all its members. Written notice of such
21    charges, including a bill of particulars and the teacher's
22    right to request a hearing, must be mailed to the teacher
23    and also given to the teacher either by certified mail,
24    return receipt requested, or personal delivery with
25    receipt within 5 days of the adoption of the motion. Any
26    written notice sent on or after July 1, 2012 shall inform

 

 

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1    the teacher of the right to request a hearing before a
2    mutually selected hearing officer, with the cost of the
3    hearing officer split equally between the teacher and the
4    board, or a hearing before a board-selected hearing
5    officer, with the cost of the hearing officer paid by the
6    board.
7        Before setting a hearing on charges stemming from
8    causes that are considered remediable, a board must give
9    the teacher reasonable warning in writing, stating
10    specifically the causes that, if not removed, may result in
11    charges; however, no such written warning is required if
12    the causes have been the subject of a remediation plan
13    pursuant to Article 24A of this Code.
14        If, in the opinion of the board, the interests of the
15    school require it, the board may suspend the teacher
16    without pay, pending the hearing, but if the board's
17    dismissal or removal is not sustained, the teacher shall
18    not suffer the loss of any salary or benefits by reason of
19    the suspension.
20        (2) No hearing upon the charges is required unless the
21    teacher within 17 days after receiving notice requests in
22    writing of the board that a hearing be scheduled before a
23    mutually selected hearing officer or a hearing officer
24    selected by the board. The secretary of the school board
25    shall forward a copy of the notice to the State Board of
26    Education.

 

 

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1        (3) Within 5 business days after receiving a notice of
2    hearing in which either notice to the teacher was sent
3    before July 1, 2012 or, if the notice was sent on or after
4    July 1, 2012, the teacher has requested a hearing before a
5    mutually selected hearing officer, the State Board of
6    Education shall provide a list of 5 prospective, impartial
7    hearing officers from the master list of qualified,
8    impartial hearing officers maintained by the State Board of
9    Education. Each person on the master list must (i) be
10    accredited by a national arbitration organization and have
11    had a minimum of 5 years of experience directly related to
12    labor and employment relations matters between employers
13    and employees or their exclusive bargaining
14    representatives and (ii) beginning September 1, 2012, have
15    participated in training provided or approved by the State
16    Board of Education for teacher dismissal hearing officers
17    so that he or she is familiar with issues generally
18    involved in evaluative and non-evaluative dismissals.
19        If notice to the teacher was sent before July 1, 2012
20    or, if the notice was sent on or after July 1, 2012, the
21    teacher has requested a hearing before a mutually selected
22    hearing officer, the board and the teacher or their legal
23    representatives within 3 business days shall alternately
24    strike one name from the list provided by the State Board
25    of Education until only one name remains. Unless waived by
26    the teacher, the teacher shall have the right to proceed

 

 

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1    first with the striking. Within 3 business days of receipt
2    of the list provided by the State Board of Education, the
3    board and the teacher or their legal representatives shall
4    each have the right to reject all prospective hearing
5    officers named on the list and notify the State Board of
6    Education of such rejection. Within 3 business days after
7    receiving this notification, the State Board of Education
8    shall appoint a qualified person from the master list who
9    did not appear on the list sent to the parties to serve as
10    the hearing officer, unless the parties notify it that they
11    have chosen to alternatively select a hearing officer under
12    paragraph (4) of this subsection (d).
13        If the teacher has requested a hearing before a hearing
14    officer selected by the board, the board shall select one
15    name from the master list of qualified impartial hearing
16    officers maintained by the State Board of Education within
17    3 business days after receipt and shall notify the State
18    Board of Education of its selection.
19        A hearing officer mutually selected by the parties,
20    selected by the board, or selected through an alternative
21    selection process under paragraph (4) of this subsection
22    (d) (A) must not be a resident of the school district, (B)
23    must be available to commence the hearing within 75 days
24    and conclude the hearing within 120 days after being
25    selected as the hearing officer, and (C) must issue a
26    decision as to whether the teacher must be dismissed and

 

 

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1    give a copy of that decision to both the teacher and the
2    board within 30 days from the conclusion of the hearing or
3    closure of the record, whichever is later.
4        (4) In the alternative to selecting a hearing officer
5    from the list received from the State Board of Education or
6    accepting the appointment of a hearing officer by the State
7    Board of Education or if the State Board of Education
8    cannot provide a list or appoint a hearing officer that
9    meets the foregoing requirements, the board and the teacher
10    or their legal representatives may mutually agree to select
11    an impartial hearing officer who is not on the master list
12    either by direct appointment by the parties or by using
13    procedures for the appointment of an arbitrator
14    established by the Federal Mediation and Conciliation
15    Service or the American Arbitration Association. The
16    parties shall notify the State Board of Education of their
17    intent to select a hearing officer using an alternative
18    procedure within 3 business days of receipt of a list of
19    prospective hearing officers provided by the State Board of
20    Education, notice of appointment of a hearing officer by
21    the State Board of Education, or receipt of notice from the
22    State Board of Education that it cannot provide a list that
23    meets the foregoing requirements, whichever is later.
24        (5) If the notice of dismissal was sent to the teacher
25    before July 1, 2012, the fees and costs for the hearing
26    officer must be paid by the State Board of Education. If

 

 

HB3022- 54 -LRB100 10738 NHT 20968 b

1    the notice of dismissal was sent to the teacher on or after
2    July 1, 2012, the hearing officer's fees and costs must be
3    paid as follows in this paragraph (5). The fees and
4    permissible costs for the hearing officer must be
5    determined by the State Board of Education. If the board
6    and the teacher or their legal representatives mutually
7    agree to select an impartial hearing officer who is not on
8    a list received from the State Board of Education, they may
9    agree to supplement the fees determined by the State Board
10    to the hearing officer, at a rate consistent with the
11    hearing officer's published professional fees. If the
12    hearing officer is mutually selected by the parties, then
13    the board and the teacher or their legal representatives
14    shall each pay 50% of the fees and costs and any
15    supplemental allowance to which they agree. If the hearing
16    officer is selected by the board, then the board shall pay
17    100% of the hearing officer's fees and costs. The fees and
18    costs must be paid to the hearing officer within 14 days
19    after the board and the teacher or their legal
20    representatives receive the hearing officer's decision set
21    forth in paragraph (7) of this subsection (d).
22        (6) The teacher is required to answer the bill of
23    particulars and aver affirmative matters in his or her
24    defense, and the time for initially doing so and the time
25    for updating such answer and defenses after pre-hearing
26    discovery must be set by the hearing officer. The State

 

 

HB3022- 55 -LRB100 10738 NHT 20968 b

1    Board of Education shall promulgate rules so that each
2    party has a fair opportunity to present its case and to
3    ensure that the dismissal process proceeds in a fair and
4    expeditious manner. These rules shall address, without
5    limitation, discovery and hearing scheduling conferences;
6    the teacher's initial answer and affirmative defenses to
7    the bill of particulars and the updating of that
8    information after pre-hearing discovery; provision for
9    written interrogatories and requests for production of
10    documents; the requirement that each party initially
11    disclose to the other party and then update the disclosure
12    no later than 10 calendar days prior to the commencement of
13    the hearing, the names and addresses of persons who may be
14    called as witnesses at the hearing, a summary of the facts
15    or opinions each witness will testify to, and all other
16    documents and materials, including information maintained
17    electronically, relevant to its own as well as the other
18    party's case (the hearing officer may exclude witnesses and
19    exhibits not identified and shared, except those offered in
20    rebuttal for which the party could not reasonably have
21    anticipated prior to the hearing); pre-hearing discovery
22    and preparation, including provision for written
23    interrogatories and requests for production of documents,
24    provided that discovery depositions are prohibited; the
25    conduct of the hearing; the right of each party to be
26    represented by counsel, the offer of evidence and witnesses

 

 

HB3022- 56 -LRB100 10738 NHT 20968 b

1    and the cross-examination of witnesses; the authority of
2    the hearing officer to issue subpoenas and subpoenas duces
3    tecum, provided that the hearing officer may limit the
4    number of witnesses to be subpoenaed on behalf of each
5    party to no more than 7; the length of post-hearing briefs;
6    and the form, length, and content of hearing officers'
7    decisions. The hearing officer shall hold a hearing and
8    render a final decision for dismissal pursuant to Article
9    24A of this Code or shall report to the school board
10    findings of fact and a recommendation as to whether or not
11    the teacher must be dismissed for conduct. The hearing
12    officer shall commence the hearing within 75 days and
13    conclude the hearing within 120 days after being selected
14    as the hearing officer, provided that the hearing officer
15    may modify these timelines upon the showing of good cause
16    or mutual agreement of the parties. Good cause for the
17    purpose of this subsection (d) shall mean the illness or
18    otherwise unavoidable emergency of the teacher, district
19    representative, their legal representatives, the hearing
20    officer, or an essential witness as indicated in each
21    party's pre-hearing submission. In a dismissal hearing
22    pursuant to Article 24A of this Code, the hearing officer
23    shall consider and give weight to all of the teacher's
24    evaluations written pursuant to Article 24A that are
25    relevant to the issues in the hearing.
26        Each party shall have no more than 3 days to present

 

 

HB3022- 57 -LRB100 10738 NHT 20968 b

1    its case, unless extended by the hearing officer to enable
2    a party to present adequate evidence and testimony,
3    including due to the other party's cross-examination of the
4    party's witnesses, for good cause or by mutual agreement of
5    the parties. The State Board of Education shall define in
6    rules the meaning of "day" for such purposes. All testimony
7    at the hearing shall be taken under oath administered by
8    the hearing officer. The hearing officer shall cause a
9    record of the proceedings to be kept and shall employ a
10    competent reporter to take stenographic or stenotype notes
11    of all the testimony. The costs of the reporter's
12    attendance and services at the hearing shall be paid by the
13    party or parties who are responsible for paying the fees
14    and costs of the hearing officer. Either party desiring a
15    transcript of the hearing shall pay for the cost thereof.
16    Any post-hearing briefs must be submitted by the parties by
17    no later than 21 days after a party's receipt of the
18    transcript of the hearing, unless extended by the hearing
19    officer for good cause or by mutual agreement of the
20    parties.
21        (7) The hearing officer shall, within 30 days from the
22    conclusion of the hearing or closure of the record,
23    whichever is later, make a decision as to whether or not
24    the teacher shall be dismissed pursuant to Article 24A of
25    this Code or report to the school board findings of fact
26    and a recommendation as to whether or not the teacher shall

 

 

HB3022- 58 -LRB100 10738 NHT 20968 b

1    be dismissed for cause and shall give a copy of the
2    decision or findings of fact and recommendation to both the
3    teacher and the school board. If a hearing officer fails
4    without good cause, specifically provided in writing to
5    both parties and the State Board of Education, to render a
6    decision or findings of fact and recommendation within 30
7    days after the hearing is concluded or the record is
8    closed, whichever is later, the parties may mutually agree
9    to select a hearing officer pursuant to the alternative
10    procedure, as provided in this Section, to rehear the
11    charges heard by the hearing officer who failed to render a
12    decision or findings of fact and recommendation or to
13    review the record and render a decision. If any hearing
14    officer fails without good cause, specifically provided in
15    writing to both parties and the State Board of Education,
16    to render a decision or findings of fact and recommendation
17    within 30 days after the hearing is concluded or the record
18    is closed, whichever is later, the hearing officer shall be
19    removed from the master list of hearing officers maintained
20    by the State Board of Education for not more than 24
21    months. The parties and the State Board of Education may
22    also take such other actions as it deems appropriate,
23    including recovering, reducing, or withholding any fees
24    paid or to be paid to the hearing officer. If any hearing
25    officer repeats such failure, he or she must be permanently
26    removed from the master list maintained by the State Board

 

 

HB3022- 59 -LRB100 10738 NHT 20968 b

1    of Education and may not be selected by parties through the
2    alternative selection process under this paragraph (7) or
3    paragraph (4) of this subsection (d). The board shall not
4    lose jurisdiction to discharge a teacher if the hearing
5    officer fails to render a decision or findings of fact and
6    recommendation within the time specified in this Section.
7    If the decision of the hearing officer for dismissal
8    pursuant to Article 24A of this Code or of the school board
9    for dismissal for cause is in favor of the teacher, then
10    the hearing officer or school board shall order
11    reinstatement to the same or substantially equivalent
12    position and shall determine the amount for which the
13    school board is liable, including, but not limited to, loss
14    of income and benefits.
15        (8) The school board, within 45 days after receipt of
16    the hearing officer's findings of fact and recommendation
17    as to whether (i) the conduct at issue occurred, (ii) the
18    conduct that did occur was remediable, and (iii) the
19    proposed dismissal should be sustained, shall issue a
20    written order as to whether the teacher must be retained or
21    dismissed for cause from its employ. The school board's
22    written order shall incorporate the hearing officer's
23    findings of fact, except that the school board may modify
24    or supplement the findings of fact if, in its opinion, the
25    findings of fact are against the manifest weight of the
26    evidence.

 

 

HB3022- 60 -LRB100 10738 NHT 20968 b

1        If the school board dismisses the teacher
2    notwithstanding the hearing officer's findings of fact and
3    recommendation, the school board shall make a conclusion in
4    its written order, giving its reasons therefor, and such
5    conclusion and reasons must be included in its written
6    order. The failure of the school board to strictly adhere
7    to the timelines contained in this Section shall not render
8    it without jurisdiction to dismiss the teacher. The school
9    board shall not lose jurisdiction to discharge the teacher
10    for cause if the hearing officer fails to render a
11    recommendation within the time specified in this Section.
12    The decision of the school board is final, unless reviewed
13    as provided in paragraph (9) of this subsection (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 dispute
22    shall be referred to the hearing officer, who shall
23    consider the school board's written order and teacher's
24    written objection and determine the amount to which the
25    school board is liable. The costs of the hearing officer's
26    review and determination must be paid by the board.

 

 

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1        (9) The decision of the hearing officer pursuant to
2    Article 24A of this Code or of the school board's decision
3    to dismiss for cause is final unless reviewed as provided
4    in Section 24-16 of this Act. If the school board's
5    decision to dismiss for cause is contrary to the hearing
6    officer's recommendation, the court on review shall give
7    consideration to the school board's decision and its
8    supplemental findings of fact, if applicable, and the
9    hearing officer's findings of fact and recommendation in
10    making its decision. In the event such review is
11    instituted, the school board shall be responsible for
12    preparing and filing the record of proceedings, and such
13    costs associated therewith must be divided equally between
14    the parties.
15        (10) If a decision of the hearing officer for dismissal
16    pursuant to Article 24A of this Code or of the school board
17    for dismissal for cause is adjudicated upon review or
18    appeal in favor of the teacher, then the trial court shall
19    order reinstatement and shall remand the matter to the
20    school board with direction for entry of an order setting
21    the amount of back pay, lost benefits, and costs, less
22    mitigation. The teacher may challenge the school board's
23    order setting the amount of back pay, lost benefits, and
24    costs, less mitigation, through an expedited arbitration
25    procedure, with the costs of the arbitrator borne by the
26    school board.

 

 

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1        Any teacher who is reinstated by any hearing or
2    adjudication brought under this Section shall be assigned
3    by the board to a position substantially similar to the one
4    which that teacher held prior to that teacher's suspension
5    or dismissal.
6        (11) Subject to any later effective date referenced in
7    this Section for a specific aspect of the dismissal
8    process, the changes made by Public Act 97-8 shall apply to
9    dismissals instituted on or after September 1, 2011. Any
10    dismissal instituted prior to September 1, 2011 must be
11    carried out in accordance with the requirements of this
12    Section prior to amendment by Public Act 97-8.
13    (e) Nothing contained in this amendatory Act of the 98th
14General Assembly repeals, supersedes, invalidates, or
15nullifies final decisions in lawsuits pending on the effective
16date of this amendatory Act of the 98th General Assembly in
17Illinois courts involving the interpretation of Public Act
1897-8.
19(Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78,
20eff. 7-20-15.)
 
21    (105 ILCS 5/24-16.5)
22    Sec. 24-16.5. Optional alternative evaluative dismissal
23process for PERA evaluations.
24    (a) As used in this Section:
25    "Applicable hearing requirements" means (i) for any school

 

 

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1district having less than 500,000 inhabitants or a program of a
2special education joint agreement, those procedures and
3requirements relating to a teacher's request for a hearing,
4selection of a hearing officer, pre-hearing and hearing
5procedures, and post-hearing briefs set forth in paragraphs (1)
6through (6) of subsection (d) of Section 24-12 of this Code or
7(ii) for a school district having 500,000 inhabitants or more,
8those procedures and requirements relating to a teacher's
9request for a hearing, selection of a hearing officer,
10pre-hearing and hearing procedures, and post-hearing briefs
11set forth in paragraphs (1) through (5) of subsection (a) of
12Section 34-85 of this Code.
13    "Board" means, for a school district having less than
14500,000 inhabitants or a program of a special education joint
15agreement, the board of directors, board of education, or board
16of school inspectors, as the case may be. For a school district
17having 500,000 inhabitants or more, "board" means the Chicago
18Board of Education.
19    "Evaluator" means an evaluator, as defined in Section
2024A-2.5 of this Code, who has successfully completed the
21pre-qualification program described in subsection (b) of
22Section 24A-3 of this Code.
23    "PERA-trained board member" means a member of a board that
24has completed a training program on PERA evaluations either
25administered or approved by the State Board of Education.
26    "PERA evaluation" means a performance evaluation of a

 

 

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1teacher after the implementation date of an evaluation system
2for teachers, as specified by Section 24A-2.5 of this Code,
3using a performance evaluation instrument and process that
4meets the minimum requirements for teacher evaluation
5instruments and processes set forth in rules adopted by the
6State Board of Education to implement Public Act 96-861.
7    "Remediation" means the remediation plan, mid-point and
8final evaluations, and related processes and requirements set
9forth in subdivisions (i), (j), and (k) of Section 24A-5 of
10this Code.
11    "School district" means a school district or a program of a
12special education joint agreement.
13    "Second evaluator" means an evaluator who either conducts
14the mid-point and final remediation evaluation or conducts an
15independent assessment of whether the teacher completed the
16remediation plan with a rating equal to or better than a
17"Proficient" rating or, on and after September 1, 2018, equal
18to an "effective" rating, all in accordance with subdivision
19(c) of this Section.
20    "Student growth components" means the components of a
21performance evaluation plan described in subdivision (c) of
22Section 24A-5 of this Code, as may be supplemented by
23administrative rules adopted by the State Board of Education.
24    "Teacher practice components" means the components of a
25performance evaluation plan described in subdivisions (a) and
26(b) of Section 24A-5 of this Code, as may be supplemented by

 

 

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1administrative rules adopted by the State Board of Education.
2    "Teacher representatives" means the exclusive bargaining
3representative of a school district's teachers or, if no
4exclusive bargaining representatives exists, a representative
5committee selected by teachers.
6    (b) This Section applies to all school districts, including
7those having 500,000 or more inhabitants. The optional
8dismissal process set forth in this Section is an alternative
9to those set forth in Sections 24-12 and 34-85 of this Code.
10Nothing in this Section is intended to change the existing
11practices or precedents under Section 24-12 or 34-85 of this
12Code, nor shall this Section be interpreted as implying
13standards and procedures that should or must be used as part of
14a remediation that precedes a dismissal sought under Section
1524-12 or 34-85 of this Code.
16    A board may dismiss a teacher who has entered upon
17contractual continued service under this Section if the
18following are met:
19        (1) the cause of dismissal is that the teacher has
20    failed to complete a remediation plan with a rating equal
21    to or better than a "Proficient" or, on and after September
22    1, 2018, "effective" rating;
23        (2) the "Unsatisfactory" or, on and after September 1,
24    2018, "ineffective" performance evaluation rating that
25    preceded remediation resulted from a PERA evaluation; and
26        (3) the school district has complied with subsection

 

 

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1    (c) of this Section.
2    A school district may not, through agreement with a teacher
3or its teacher representatives, waive its right to dismiss a
4teacher under this Section.
5    (c) Each school district electing to use the dismissal
6process set forth in this Section must comply with the
7pre-remediation and remediation activities and requirements
8set forth in this subsection (c).
9        (1) Before a school district's first remediation
10    relating to a dismissal under this Section, the school
11    district must create and establish a list of at least 2
12    evaluators who will be available to serve as second
13    evaluators under this Section. The school district shall
14    provide its teacher representatives with an opportunity to
15    submit additional names of teacher evaluators who will be
16    available to serve as second evaluators and who will be
17    added to the list created and established by the school
18    district, provided that, unless otherwise agreed to by the
19    school district, the teacher representatives may not
20    submit more teacher evaluators for inclusion on the list
21    than the number of evaluators submitted by the school
22    district. Each teacher evaluator must either have (i)
23    National Board of Professional Teaching Standards
24    certification, with no "Unsatisfactory" or "Needs
25    Improvement" or, on and after September 1, 2018,
26    "ineffective" performance evaluating ratings in his or her

 

 

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1    2 most recent performance evaluation ratings; or (ii)
2    "Excellent" or, on and after September 1, 2018, "effective"
3    performance evaluation ratings in 2 of his or her 3 most
4    recent performance evaluations, with no "Needs
5    Improvement" or "Unsatisfactory" or, on and after
6    September 1, 2018, "ineffective" performance evaluation
7    ratings in his or her last 3 ratings. If the teacher
8    representatives do not submit a list of teacher evaluators
9    within 21 days after the school district's request, the
10    school district may proceed with a remediation using a list
11    that includes only the school district's selections.
12    Either the school district or the teacher representatives
13    may revise or add to their selections for the list at any
14    time with notice to the other party, subject to the
15    limitations set forth in this paragraph (1).
16        (2) Before a school district's first remediation
17    relating to a dismissal under this Section, the school
18    district shall, in good faith cooperation with its teacher
19    representatives, establish a process for the selection of a
20    second evaluator from the list created pursuant to
21    paragraph (1) of this subsection (c). Such process may be
22    amended at any time in good faith cooperation with the
23    teacher representatives. If the teacher representatives
24    are given an opportunity to cooperate with the school
25    district and elect not to do so, the school district may,
26    at its discretion, establish or amend the process for

 

 

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1    selection. Before the hearing officer and as part of any
2    judicial review of a dismissal under this Section, a
3    teacher may not challenge a remediation or dismissal on the
4    grounds that the process used by the school district to
5    select a second evaluator was not established in good faith
6    cooperation with its teacher representatives.
7        (3) For each remediation preceding a dismissal under
8    this Section, the school district shall select a second
9    evaluator from the list of second evaluators created
10    pursuant to paragraph (1) of this subsection (c), using the
11    selection process established pursuant to paragraph (2) of
12    this subsection (c). The selected second evaluator may not
13    be the same individual who determined the teacher's
14    "Unsatisfactory" or, on and after September 1, 2018,
15    "ineffective" performance evaluation rating preceding
16    remediation, and, if the second evaluator is an
17    administrator, may not be a direct report to the individual
18    who determined the teacher's "Unsatisfactory" or, on and
19    after September 1, 2018, "ineffective" performance
20    evaluation rating preceding remediation. The school
21    district's authority to select a second evaluator from the
22    list of second evaluators must not be delegated or limited
23    through any agreement with the teacher representatives,
24    provided that nothing shall prohibit a school district and
25    its teacher representatives from agreeing to a formal peer
26    evaluation process as permitted under Article 24A of this

 

 

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1    Code that could be used to meet the requirements for the
2    selection of second evaluators under this subsection (c).
3        (4) The second evaluator selected pursuant to
4    paragraph (3) of this subsection (c) must either (i)
5    conduct the mid-point and final evaluation during
6    remediation or (ii) conduct an independent assessment of
7    whether the teacher completed the remediation plan with a
8    rating equal to or better than a "Proficient" or, on and
9    after September 1, 2018, "effective" rating, which
10    independent assessment shall include, but is not limited
11    to, personal or video-recorded observations of the teacher
12    that relate to the teacher practice components of the
13    remediation plan. Nothing in this subsection (c) shall be
14    construed to limit or preclude the participation of the
15    evaluator who rated a teacher as "Unsatisfactory" or, on
16    and after September 1, 2018, "ineffective" in remediation.
17    (d) To institute a dismissal proceeding under this Section,
18the board must first provide written notice to the teacher
19within 30 days after the completion of the final remediation
20evaluation. The notice shall comply with the applicable hearing
21requirements and, in addition, must specify that dismissal is
22sought under this Section and include a copy of each
23performance evaluation relating to the scope of the hearing as
24described in this subsection (d).
25    The applicable hearing requirements shall apply to the
26teacher's request for a hearing, the selection and

 

 

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1qualifications of the hearing officer, and pre-hearing and
2hearing procedures, except that all of the following must be
3met:
4        (1) The hearing officer must, in addition to meeting
5    the qualifications set forth in the applicable hearing
6    requirements, have successfully completed the
7    pre-qualification program described in subsection (b) of
8    Section 24A-3 of this Code, unless the State Board of
9    Education waives this requirement to provide an adequate
10    pool of hearing officers for consideration.
11        (2) The scope of the hearing must be limited as
12    follows:
13            (A) The school district must demonstrate the
14        following:
15                (i) that the "Unsatisfactory" or, on and after
16            September 1, 2018, "ineffective" performance
17            evaluation rating that preceded remediation
18            applied the teacher practice components and
19            student growth components and determined an
20            overall evaluation rating of "Unsatisfactory" or,
21            on and after September 1, 2018, "ineffective" in
22            accordance with the standards and requirements of
23            the school district's evaluation plan;
24                (ii) that the remediation plan complied with
25            the requirements of Section 24A-5 of this Code;
26                (iii) that the teacher failed to complete the

 

 

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1            remediation plan with a performance evaluation
2            rating equal to or better than a "Proficient" or,
3            on and after September 1, 2018, "effective"
4            rating, based upon a final remediation evaluation
5            meeting the applicable standards and requirements
6            of the school district's evaluation plan; and
7                (iv) that if the second evaluator selected
8            pursuant to paragraph (3) of subsection (c) of this
9            Section does not conduct the mid-point and final
10            evaluation and makes an independent assessment
11            that the teacher completed the remediation plan
12            with a rating equal to or better than a
13            "Proficient" or, on and after September 1, 2018,
14            "effective" rating, the school district must
15            demonstrate that the final remediation evaluation
16            is a more valid assessment of the teacher's
17            performance than the assessment made by the second
18            evaluator.
19            (B) The teacher may only challenge the substantive
20        and procedural aspects of (i) the "Unsatisfactory" or,
21        on and after September 1, 2018, "ineffective"
22        performance evaluation rating that led to the
23        remediation, (ii) the remediation plan, and (iii) the
24        final remediation evaluation. To the extent the
25        teacher challenges procedural aspects, including any
26        in applicable collective bargaining agreement

 

 

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1        provisions, of a relevant performance evaluation
2        rating or the remediation plan, the teacher must
3        demonstrate how an alleged procedural defect
4        materially affected the teacher's ability to
5        demonstrate a level of performance necessary to avoid
6        remediation or dismissal or successfully complete the
7        remediation plan. Without any such material effect, a
8        procedural defect shall not impact the assessment by
9        the hearing officer, board, or reviewing court of the
10        validity of a performance evaluation or a remediation
11        plan.
12            (C) The hearing officer shall only consider and
13        give weight to performance evaluations relevant to the
14        scope of the hearing as described in clauses (A) and
15        (B) of this subdivision (2).
16        (3) Each party shall be given only 2 days to present
17    evidence and testimony relating to the scope of the
18    hearing, unless a longer period is mutually agreed to by
19    the parties or deemed necessary by the hearing officer to
20    enable a party to present adequate evidence and testimony
21    to address the scope of the hearing, including due to the
22    other party's cross-examination of the party's witnesses.
23    (e) The provisions of Sections 24-12 and 34-85 pertaining
24to the decision or recommendation of the hearing officer do not
25apply to dismissal proceedings under this Section. For any
26dismissal proceedings under this Section, the hearing officer

 

 

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1shall not issue a decision, and shall issue only findings of
2fact and a recommendation, including the reasons therefor, to
3the board to either retain or dismiss the teacher and shall
4give a copy of the report to both the teacher and the
5superintendent of the school district. The hearing officer's
6findings of fact and recommendation must be issued within 30
7days from the close of the record of the hearing.
8    The State Board of Education shall adopt rules regarding
9the length of the hearing officer's findings of fact and
10recommendation. If a hearing officer fails without good cause,
11specifically provided in writing to both parties and the State
12Board of Education, to render a recommendation within 30 days
13after the hearing is concluded or the record is closed,
14whichever is later, the parties may mutually agree to select a
15hearing officer pursuant to the alternative procedure, as
16provided in Section 24-12 or 34-85, to rehear the charges heard
17by the hearing officer who failed to render a recommendation or
18to review the record and render a recommendation. If any
19hearing officer fails without good cause, specifically
20provided in writing to both parties and the State Board of
21Education, to render a recommendation within 30 days after the
22hearing is concluded or the record is closed, whichever is
23later, the hearing officer shall be removed from the master
24list of hearing officers maintained by the State Board of
25Education for not more than 24 months. The parties and the
26State Board of Education may also take such other actions as it

 

 

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1deems appropriate, including recovering, reducing, or
2withholding any fees paid or to be paid to the hearing officer.
3If any hearing officer repeats such failure, he or she shall be
4permanently removed from the master list of hearing officers
5maintained by the State Board of Education.
6    (f) The board, within 45 days after receipt of the hearing
7officer's findings of fact and recommendation, shall decide,
8through adoption of a written order, whether the teacher must
9be dismissed from its employ or retained, provided that only
10PERA-trained board members may participate in the vote with
11respect to the decision.
12    If the board dismisses the teacher notwithstanding the
13hearing officer's recommendation of retention, the board shall
14make a conclusion, giving its reasons therefor, and such
15conclusion and reasons must be included in its written order.
16The failure of the board to strictly adhere to the timelines
17contained in this Section does not render it without
18jurisdiction to dismiss the teacher. The board shall not lose
19jurisdiction to discharge the teacher if the hearing officer
20fails to render a recommendation within the time specified in
21this Section. The decision of the board is final, unless
22reviewed as provided in subsection (g) of this Section.
23    If the board retains the teacher, the board shall enter a
24written order stating the amount of back pay and lost benefits,
25less mitigation, to be paid to the teacher, within 45 days of
26its retention order.

 

 

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1    (g) A teacher dismissed under this Section may apply for
2and obtain judicial review of a decision of the board in
3accordance with the provisions of the Administrative Review
4Law, except as follows:
5        (1) for a teacher dismissed by a school district having
6    500,000 inhabitants or more, such judicial review must be
7    taken directly to the appellate court of the judicial
8    district in which the board maintains its primary
9    administrative office, and any direct appeal to the
10    appellate court must be filed within 35 days from the date
11    that a copy of the decision sought to be reviewed was
12    served upon the teacher;
13        (2) for a teacher dismissed by a school district having
14    less than 500,000 inhabitants after the hearing officer
15    recommended dismissal, such judicial review must be taken
16    directly to the appellate court of the judicial district in
17    which the board maintains its primary administrative
18    office, and any direct appeal to the appellate court must
19    be filed within 35 days from the date that a copy of the
20    decision sought to be reviewed was served upon the teacher;
21    and
22        (3) for all school districts, if the hearing officer
23    recommended dismissal, the decision of the board may be
24    reversed only if it is found to be arbitrary, capricious,
25    an abuse of discretion, or not in accordance with law.
26    In the event judicial review is instituted by a teacher,

 

 

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1any costs of preparing and filing the record of proceedings
2must be paid by the teacher. If a decision of the board is
3adjudicated upon judicial review in favor of the teacher, then
4the court shall remand the matter to the board with direction
5for entry of an order setting the amount of back pay, lost
6benefits, and costs, less mitigation. The teacher may challenge
7the board's order setting the amount of back pay, lost
8benefits, and costs, less mitigation, through an expedited
9arbitration procedure with the costs of the arbitrator borne by
10the board.
11(Source: P.A. 97-8, eff. 6-13-11; 98-513, eff. 1-1-14.)
 
12    (105 ILCS 5/24A-4)  (from Ch. 122, par. 24A-4)
13    Sec. 24A-4. Development of evaluation plan.
14    (a) As used in this and the succeeding Sections, "teacher"
15means any and all school district employees regularly required
16to be certified under laws relating to the certification of
17teachers. Each school district shall develop, in cooperation
18with its teachers or, where applicable, the exclusive
19bargaining representatives of its teachers, an evaluation plan
20for all teachers.
21    (b) By no later than the applicable implementation date,
22each school district may shall, in good faith cooperation with
23its teachers or, where applicable, the exclusive bargaining
24representatives of its teachers, incorporate the use of data
25and indicators on student growth as a significant factor in

 

 

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1rating teaching performance, into its evaluation plan for all
2teachers, both those teachers in contractual continued service
3and those teachers not in contractual continued service. The
4plan may shall at least meet the standards and requirements for
5student growth and teacher evaluation established under
6Section 24A-7, and specifically describe how student growth
7data and indicators will be used as part of the evaluation
8process, how this information will relate to evaluation
9standards, the assessments or other indicators of student
10performance that will be used in measuring student growth and
11the weight that each will have, the methodology that will be
12used to measure student growth, and the criteria other than
13student growth that will be used in evaluating the teacher and
14the weight that each will have.
15    To incorporate the use of data and indicators of student
16growth as a significant factor in rating teacher performance
17into the evaluation plan, the district shall use a joint
18committee composed of equal representation selected by the
19district and its teachers or, where applicable, the exclusive
20bargaining representative of its teachers. If, within 180
21calendar days of the committee's first meeting, the committee
22does not reach agreement on the plan, then the district shall
23implement the model evaluation plan established under Section
2424A-7 with respect to the use of data and indicators on student
25growth as a significant factor in rating teacher performance.
26The Open Meetings Act does not apply to a joint Committee as

 

 

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1provided in Section 18 of the Illinois Educational Labor
2Relations Act.
3    Nothing in this subsection (b) shall make decisions on the
4use of data and indicators on student growth as a significant
5factor in rating teaching performance mandatory subjects of
6bargaining under the Illinois Educational Labor Relations Act
7that are not currently mandatory subjects of bargaining under
8the Act.
9    (c) Notwithstanding anything to the contrary in subsection
10(b) of this Section, if the joint committee referred to in that
11subsection does not reach agreement on the plan within 90
12calendar days after the committee's first meeting, a school
13district having 500,000 or more inhabitants shall not be
14required to implement any aspect of the model evaluation plan
15and may implement its last best proposal.
16    (d) The use of data and indicators for student growth shall
17cease to be a requirement of teacher evaluations beginning no
18later than the 2018-2019 school year or sooner if the school
19district and its teachers or, if applicable, the exclusive
20bargaining representative of its teachers agree. Continued use
21of student growth measures in the 2018-2019 school year and any
22subsequent school years must be agreed to by both the district
23and the teachers or, if applicable, the exclusive bargaining
24representative of its teachers. Beginning the first school year
25following the effective date of this amendatory Act of the
26100th General Assembly, the joint committee referred to in

 

 

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1subsection (b) of this Section shall meet no less than one time
2annually to assess and review the effectiveness of the
3district's evaluation plan for the purposes of continuous
4improvement of instruction and evaluation practices. On or
5after September 1, 2018, this joint committee shall develop
6differentiated professional development opportunities based on
7the outcomes of the district's evaluation plan. Professional
8development opportunities shall take into account on-going
9professional responsibilities, including regular teaching
10assignments, and include supports and resources the district is
11to provide to strengthen the district's instructional program.
12Nothing in Section 24A-5 of this Code prevents the district and
13its teachers or, if applicable, the exclusive bargaining
14representative of its teachers from establishing additional
15rating categories for school district professional development
16purposes.
17(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
1896-1423, eff. 8-3-10.)
 
19    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
20    Sec. 24A-5. Content of evaluation plans. This Section does
21not apply to teachers assigned to schools identified in an
22agreement entered into between the board of a school district
23operating under Article 34 of this Code and the exclusive
24representative of the district's teachers in accordance with
25Section 34-85c of this Code.

 

 

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1    Each school district to which this Article applies shall
2establish a teacher evaluation plan which ensures that each
3teacher in contractual continued service is evaluated at least
4once in the course of every 2 school years.
5    By no later than September 1, 2012, each school district
6shall establish a teacher evaluation plan that ensures that:
7        (1) each teacher not in contractual continued service
8    is evaluated at least once every school year; and
9        (2) each teacher in contractual continued service is
10    evaluated at least once in the course of every 2 school
11    years. However, any teacher in contractual continued
12    service whose performance is rated as either "needs
13    improvement" or "unsatisfactory" or, on or after September
14    1, 2018, "ineffective" must be evaluated at least once in
15    the school year following the receipt of such rating.
16    Notwithstanding anything to the contrary in this Section or
17any other Section of the School Code, a principal shall not be
18prohibited from evaluating any teachers within a school during
19his or her first year as principal of such school. If a
20first-year principal exercises this option in a school district
21where the evaluation plan provides for a teacher in contractual
22continued service to be evaluated once in the course of every 2
23school years, then a new 2-year evaluation plan must be
24established.
25    The evaluation plan shall comply with the requirements of
26this Section and of any rules adopted by the State Board of

 

 

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1Education pursuant to this Section.
2    The plan shall include a description of each teacher's
3duties and responsibilities and of the standards to which that
4teacher is expected to conform, and shall include at least the
5following components:
6        (a) personal observation of the teacher in the
7    classroom by the evaluator, unless the teacher has no
8    classroom duties.
9        (b) consideration of the teacher's attendance,
10    planning, instructional methods, classroom management,
11    where relevant, and competency in the subject matter
12    taught.
13        (c) by no later than the applicable implementation
14    date, consideration of student growth may be as a
15    significant factor in the rating of the teacher's
16    performance.
17        (d) prior to September 1, 2012, rating of the
18    performance of teachers in contractual continued service
19    as either:
20            (i) "excellent", "satisfactory" or
21        "unsatisfactory"; or
22            (ii) "excellent", "proficient", "needs
23        improvement" or "unsatisfactory".
24        (e) on and after September 1, 2018 2012, rating of the
25    performance of all teachers as "excellent", "proficient",
26    or "needs improvement" shall be considered "effective" and

 

 

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1    rating of the performance of all teachers as or
2    "unsatisfactory" shall be considered "ineffective".
3        (f) specification as to the teacher's strengths and
4    weaknesses, with supporting reasons for the comments made.
5        (g) inclusion of a copy of the evaluation in the
6    teacher's personnel file and provision of a copy to the
7    teacher.
8        (h) prior to September 1, 2018, within 30 school days
9    after the completion of an evaluation rating a teacher in
10    contractual continued service as "needs improvement",
11    development by the evaluator, in consultation with the
12    teacher, and taking into account the teacher's on-going
13    professional responsibilities including his or her regular
14    teaching assignments, of a professional development plan
15    directed to the areas that need improvement and any
16    supports that the district will provide to address the
17    areas identified as needing improvement.
18        (i) within 30 school days after completion of an
19    evaluation rating a teacher in contractual continued
20    service as "unsatisfactory" or, on or after September 1,
21    2018, "ineffective", development and commencement by the
22    district of a remediation plan designed to correct
23    deficiencies cited, provided the deficiencies are deemed
24    remediable. In all school districts the remediation plan
25    for unsatisfactory, tenured teachers shall provide for 90
26    school days of remediation within the classroom, unless an

 

 

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1    applicable collective bargaining agreement provides for a
2    shorter duration. In all school districts evaluations
3    issued pursuant to this Section shall be issued within 10
4    days after the conclusion of the respective remediation
5    plan. However, the school board or other governing
6    authority of the district shall not lose jurisdiction to
7    discharge a teacher in the event the evaluation is not
8    issued within 10 days after the conclusion of the
9    respective remediation plan.
10        (j) participation in the remediation plan by the
11    teacher in contractual continued service rated
12    "unsatisfactory" or, on or after September 1, 2018,
13    "ineffective", an evaluator, and a consulting teacher
14    selected by the evaluator of the teacher who was rated
15    "unsatisfactory" or, on or after September 1, 2018,
16    "ineffective". The criteria for a which consulting teacher
17    shall include, but not be limited to, being is an
18    educational employee as defined in the Educational Labor
19    Relations Act, having has at least 5 years' teaching
20    experience, and a reasonable familiarity with the
21    assignment of the teacher being evaluated, and having who
22    received an "excellent" rating or, on or after September 1,
23    2018, an "effective" rating on his or her most recent
24    evaluation. Where no teachers who meet these criteria are
25    available within the district, the district shall request
26    and the applicable regional office of education shall

 

 

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1    supply, to participate in the remediation process, an
2    individual who meets these criteria.
3        In a district having a population of less than 500,000
4    with an exclusive bargaining agent, the bargaining agent
5    may, if it so chooses, supply a roster of qualified
6    teachers from whom the consulting teacher is to be
7    selected. That roster shall, however, contain the names of
8    at least 5 teachers, each of whom meets the criteria for
9    consulting teacher with regard to the teacher being
10    evaluated, or the names of all teachers so qualified if
11    that number is less than 5. The district, in consultation
12    with the joint committee referred to in subsection (b) of
13    Section 24A-4 of this Code, shall select the consulting
14    teacher from this roster. In the event of a dispute as to
15    qualification, the State Board shall determine
16    qualification.
17        (k) a mid-point and final evaluation by an evaluator
18    during and at the end of the remediation period,
19    immediately following receipt of a remediation plan
20    provided for under subsections (i) and (j) of this Section.
21    Each evaluation shall assess the teacher's performance
22    during the time period since the prior evaluation; provided
23    that the last evaluation shall also include an overall
24    evaluation of the teacher's performance during the
25    remediation period. A written copy of the evaluations and
26    ratings, in which any deficiencies in performance and

 

 

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1    recommendations for correction are identified, shall be
2    provided to and discussed with the teacher within 10 school
3    days after the date of the evaluation, unless an applicable
4    collective bargaining agreement provides to the contrary.
5    These subsequent evaluations shall be conducted by an
6    evaluator. The consulting teacher shall provide advice to
7    the teacher rated "unsatisfactory" or, on or after
8    September 1, 2018, "ineffective" on how to improve teaching
9    skills and to successfully complete the remediation plan.
10    The consulting teacher shall participate in developing the
11    remediation plan, but the final decision as to the
12    evaluation shall be done solely by the evaluator, unless an
13    applicable collective bargaining agreement provides to the
14    contrary. Evaluations at the conclusion of the remediation
15    process shall be separate and distinct from the required
16    annual evaluations of teachers and shall not be subject to
17    the guidelines and procedures relating to those annual
18    evaluations. The evaluator may but is not required to use
19    the forms provided for the annual evaluation of teachers in
20    the district's evaluation plan.
21        (l) reinstatement to the evaluation schedule set forth
22    in the district's evaluation plan for any teacher in
23    contractual continued service who achieves a rating equal
24    to or better than "satisfactory" or "proficient" in the
25    school year following a rating of "needs improvement" or,
26    on or after September 1, 2018, "effective" or

 

 

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1    "unsatisfactory" or, on or after September 1, 2018,
2    "ineffective".
3        (m) dismissal in accordance with subsection (d) of
4    Section 24-12 or Section 24-16.5 or 34-85 of this Code of
5    any teacher who fails to complete any applicable
6    remediation plan with a rating equal to or better than a
7    "satisfactory" or "proficient" or, on or after September 1,
8    2018, "effective" rating. Districts and teachers subject
9    to dismissal hearings are precluded from compelling the
10    testimony of consulting teachers at such hearings under
11    subsection (d) of Section 24-12 or Section 24-16.5 or 34-85
12    of this Code, either as to the rating process or for
13    opinions of performances by teachers under remediation.
14        (n) After the implementation date of an evaluation
15    system for teachers in a district as specified in Section
16    24A-2.5 of this Code, if a teacher in contractual continued
17    service successfully completes a remediation plan
18    following a rating of "unsatisfactory" or, on or after
19    September 1, 2018, "ineffective" in an annual or biennial
20    overall performance evaluation received after the
21    foregoing implementation date and receives a subsequent
22    rating of "unsatisfactory" or, on or after September 1,
23    2018, "ineffective" in any of the teacher's annual or
24    biennial overall performance evaluation ratings received
25    during the 36-month period following the teacher's
26    completion of the remediation plan, then the school

 

 

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1    district may forego remediation and seek dismissal in
2    accordance with subsection (d) of Section 24-12 or Section
3    34-85 of this Code.
4    Nothing in this Section or Section 24A-4 shall be construed
5as preventing immediate dismissal of a teacher for deficiencies
6which are deemed irremediable or for actions which are
7injurious to or endanger the health or person of students in
8the classroom or school, or preventing the dismissal or
9non-renewal of teachers not in contractual continued service
10for any reason not prohibited by applicable employment, labor,
11and civil rights laws. Failure to strictly comply with the time
12requirements contained in Section 24A-5 shall not invalidate
13the results of the remediation plan.
14    Nothing contained in this amendatory Act of the 98th
15General Assembly repeals, supersedes, invalidates, or
16nullifies final decisions in lawsuits pending on the effective
17date of this amendatory Act of the 98th General Assembly in
18Illinois courts involving the interpretation of Public Act
1997-8.
20(Source: P.A. 97-8, eff. 6-13-11; 98-470, eff. 8-16-13; 98-648,
21eff. 7-1-14.)
 
22    (105 ILCS 5/24A-5.5 new)
23    Sec. 24A-5.5. Local appeal process for ineffective
24ratings. Beginning with for the first school year following the
25effective date of this amendatory Act of the 100th General

 

 

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1Assembly, each school district shall, in good faith cooperation
2with its teachers or, if applicable, through good faith
3bargaining with the exclusive bargaining representative of its
4teachers develop and implement an appeals process for
5"ineffective" ratings that includes, but is not limited to, an
6assessment of the original rating by a panel of qualified
7evaluators agreed to by the joint committee referred to in
8subsection (b) of Section 24A-4 of this Code and that has the
9power to reevaluate and re-rate a teacher who appeals. The
10joint committee shall determine the criteria for successful
11appeals.
 
12    (105 ILCS 5/24A-7)  (from Ch. 122, par. 24A-7)
13    Sec. 24A-7. Rules. The State Board of Education is
14authorized to adopt such rules as are deemed necessary to
15implement and accomplish the purposes and provisions of this
16Article, including, but not limited to, rules (i) relating to
17the methods for measuring student growth (including, but not
18limited to, limitations on the age of useable data; the amount
19of data needed to reliably and validly measure growth for the
20purpose of teacher and principal evaluations; and whether and
21at what time annual State assessments may be used as one of
22multiple measures of student growth), (ii) defining the term
23"significant factor" for purposes of including consideration
24of student growth in performance ratings, (iii) controlling for
25such factors as student characteristics (including, but not

 

 

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1limited to, students receiving special education and English
2Language Learner services), student attendance, and student
3mobility so as to best measure the impact that a teacher,
4principal, school and school district has on students' academic
5achievement, (iv) establishing minimum requirements for
6district teacher and principal evaluation instruments and
7procedures, and (v) establishing a model evaluation plan for
8use by school districts in which student growth shall comprise
950% of the performance rating. Notwithstanding any provision in
10this Section, such rules shall not preclude a school district
11having 500,000 or more inhabitants from using an annual State
12assessment as the sole measure of student growth for purposes
13of teacher or principal evaluations.
14    The rules shall be developed through a process involving
15collaboration with a Performance Evaluation Advisory Council,
16which shall be convened and staffed by the State Board of
17Education. Members of the Council shall be selected by the
18State Superintendent and include, without limitation,
19representatives of teacher unions and school district
20management, persons with expertise in performance evaluation
21processes and systems, as well as other stakeholders. The
22Performance Evaluation Advisory Council shall meet at least
23quarterly following the effective date of this amendatory Act
24of the 96th General Assembly until June 30, 2017.
25    Prior to the applicable implementation date, these rules
26shall not apply to teachers assigned to schools identified in

 

 

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1an agreement entered into between the board of a school
2district operating under Article 34 of this Code and the
3exclusive representative of the district's teachers in
4accordance with Section 34-85c of this Code.
5(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
696-1423, eff. 8-3-10.)
 
7    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
8    Sec. 34-84. Appointments and promotions of teachers.
9Appointments and promotions of teachers shall be made for merit
10only, and after satisfactory service for a probationary period
11of 3 years with respect to probationary employees employed as
12full-time teachers in the public school system of the district
13before January 1, 1998 and 4 years with respect to probationary
14employees who are first employed as full-time teachers in the
15public school system of the district on or after January 1,
161998, during which period the board may dismiss or discharge
17any such probationary employee upon the recommendation,
18accompanied by the written reasons therefor, of the general
19superintendent of schools and after which period appointments
20of teachers shall become permanent, subject to removal for
21cause in the manner provided by Section 34-85.
22    For a probationary-appointed teacher in full-time service
23who is appointed on or after July 1, 2013 and who receives
24ratings of "excellent" during his or her first 3 school terms
25of full-time service, the probationary period shall be 3 school

 

 

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1terms of full-time service. For a probationary-appointed
2teacher in full-time service who is appointed on or after July
31, 2013 and who had previously entered into contractual
4continued service in another school district in this State or a
5program of a special education joint agreement in this State,
6as defined in Section 24-11 of this Code, the probationary
7period shall be 2 school terms of full-time service, provided
8that (i) the teacher voluntarily resigned or was honorably
9dismissed from the prior district or program within the 3-month
10period preceding his or her appointment date, (ii) the
11teacher's last 2 ratings in the prior district or program were
12at least "proficient" or, on or after September 1, 2018,
13"effective" and were issued after the prior district's or
14program's PERA implementation date, as defined in Section 24-11
15of this Code, and (iii) the teacher receives ratings of
16"excellent" or, on or after September 1, 2018, "effective"
17during his or her first 2 school terms of full-time service.
18    For a probationary-appointed teacher in full-time service
19who is appointed on or after July 1, 2013 and who has not
20entered into contractual continued service after 2 or 3 school
21terms of full-time service as provided in this Section, the
22probationary period shall be 4 school terms of full-time
23service, provided that the teacher receives a rating of at
24least "proficient" or, on or after September 1, 2018,
25"effective" in the last school term and a rating of at least
26"proficient" or, on or after September 1, 2018, "effective" in

 

 

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1either the second or third school term.
2    As used in this Section, "school term" means the school
3term established by the board pursuant to Section 10-19 of this
4Code, and "full-time service" means the teacher has actually
5worked at least 150 days during the school term. As used in
6this Article, "teachers" means and includes all members of the
7teaching force excluding the general superintendent and
8principals.
9    There shall be no reduction in teachers because of a
10decrease in student membership or a change in subject
11requirements within the attendance center organization after
12the 20th day following the first day of the school year, except
13that: (1) this provision shall not apply to desegregation
14positions, special education positions, or any other positions
15funded by State or federal categorical funds, and (2) at
16attendance centers maintaining any of grades 9 through 12,
17there may be a second reduction in teachers on the first day of
18the second semester of the regular school term because of a
19decrease in student membership or a change in subject
20requirements within the attendance center organization.
21    The school principal shall make the decision in selecting
22teachers to fill new and vacant positions consistent with
23Section 34-8.1.
24(Source: P.A. 97-8, eff. 6-13-11.)
 
25    (105 ILCS 5/34-85c)

 

 

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1    Sec. 34-85c. Alternative procedures for teacher
2evaluation, remediation, and removal for cause after
3remediation.
4    (a) Notwithstanding any law to the contrary, the board and
5the exclusive representative of the district's teachers are
6hereby authorized to negotiate and enter into an agreement to
7establish alternative procedures for teacher evaluation,
8remediation, and removal for cause after remediation,
9including an alternative system for peer evaluation and
10recommendations; provided, however, that no later than
11September 1, 2012: (i) any alternative procedures must include
12provisions whereby student performance data is a significant
13factor in teacher evaluation, except that, on and after
14September 1, 2018, such provisions may be included, and (ii)
15teachers are rated as "excellent", "proficient", "needs
16improvement" or "unsatisfactory" until September 1, 2018, at
17which time the ratings shall be "ineffective" and "effective".
18Pursuant exclusively to that agreement, teachers assigned to
19schools identified in that agreement shall be subject to an
20alternative performance evaluation plan and remediation
21procedures in lieu of the plan and procedures set forth in
22Article 24A of this Code, other than subsection (d) of Section
2324A-4, and alternative removal for cause standards and
24procedures in lieu of the removal standards and procedures set
25forth in Section 34-85 of this Code. To the extent that the
26agreement provides a teacher with an opportunity for a hearing

 

 

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1on removal for cause before an independent hearing officer in
2accordance with Section 34-85 or otherwise, the hearing officer
3shall be governed by the alternative performance evaluation
4plan, remediation procedures, and removal standards and
5procedures set forth in the agreement in making findings of
6fact and a recommendation.
7    (b) The board and the exclusive representative of the
8district's teachers shall submit a certified copy of an
9agreement as provided under subsection (a) of this Section to
10the State Board of Education.
11(Source: P.A. 96-861, eff. 1-15-10; 97-8, eff. 6-13-11.)
 
12    Section 10. The Illinois Educational Labor Relations Act is
13amended by changing Section 18 as follows:
 
14    (115 ILCS 5/18)  (from Ch. 48, par. 1718)
15    Sec. 18. Meetings. The provisions of the Open Meetings Act
16shall not apply to collective bargaining negotiations and
17grievance arbitrations conducted pursuant to this Act,
18including any joint committees formed under subsection (c) of
19Section 24-12 or subsection (b) of Section 24A-4 of the School
20Code.
21(Source: P.A. 83-1014.)

 

 

HB3022- 95 -LRB100 10738 NHT 20968 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/2-3.25gfrom Ch. 122, par. 2-3.25g
4    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
5    105 ILCS 5/21B-75
6    105 ILCS 5/24-9.5 new
7    105 ILCS 5/24-11from Ch. 122, par. 24-11
8    105 ILCS 5/24-12from Ch. 122, par. 24-12
9    105 ILCS 5/24-16.5
10    105 ILCS 5/24A-4from Ch. 122, par. 24A-4
11    105 ILCS 5/24A-5from Ch. 122, par. 24A-5
12    105 ILCS 5/24A-5.5 new
13    105 ILCS 5/24A-7from Ch. 122, par. 24A-7
14    105 ILCS 5/34-84from Ch. 122, par. 34-84
15    105 ILCS 5/34-85c
16    115 ILCS 5/18from Ch. 48, par. 1718