Rep. Fred Crespo

Filed: 5/23/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 456

2    AMENDMENT NO. ______. Amend Senate Bill 456, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Sections
610-21.9, 10-23.12, 21B-45, 21B-75, 21B-80, 24-12, 24-14,
727A-5, 34-18.5, 34-18.6, and 34-85 and by adding Sections
810-20.69, 22-85, 22-86, and 34-18.61 as follows:
 
9    (105 ILCS 5/10-20.69 new)
10    Sec. 10-20.69. Sexual abuse investigations at schools.
11Every 2 years, each school district must review all existing
12policies and procedures concerning sexual abuse investigations
13at schools to ensure consistency with Section 22-85.
 
14    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
15    Sec. 10-21.9. Criminal history records checks and checks of

 

 

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1the Statewide Sex Offender Database and Statewide Murderer and
2Violent Offender Against Youth Database.
3    (a) Licensed and nonlicensed Certified and noncertified
4applicants for employment with a school district, except school
5bus driver applicants, are required as a condition of
6employment to authorize a fingerprint-based criminal history
7records check to determine if such applicants have been
8convicted of any disqualifying, of the enumerated criminal or
9drug offenses in subsection (c) of this Section or have been
10convicted, within 7 years of the application for employment
11with the school district, of any other felony under the laws of
12this State or of any offense committed or attempted in any
13other state or against the laws of the United States that, if
14committed or attempted in this State, would have been
15punishable as a felony under the laws of this State.
16Authorization for the check shall be furnished by the applicant
17to the school district, except that if the applicant is a
18substitute teacher seeking employment in more than one school
19district, a teacher seeking concurrent part-time employment
20positions with more than one school district (as a reading
21specialist, special education teacher or otherwise), or an
22educational support personnel employee seeking employment
23positions with more than one district, any such district may
24require the applicant to furnish authorization for the check to
25the regional superintendent of the educational service region
26in which are located the school districts in which the

 

 

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1applicant is seeking employment as a substitute or concurrent
2part-time teacher or concurrent educational support personnel
3employee. Upon receipt of this authorization, the school
4district or the appropriate regional superintendent, as the
5case may be, shall submit the applicant's name, sex, race, date
6of birth, social security number, fingerprint images, and other
7identifiers, as prescribed by the Department of State Police,
8to the Department. The regional superintendent submitting the
9requisite information to the Department of State Police shall
10promptly notify the school districts in which the applicant is
11seeking employment as a substitute or concurrent part-time
12teacher or concurrent educational support personnel employee
13that the check of the applicant has been requested. The
14Department of State Police and the Federal Bureau of
15Investigation shall furnish, pursuant to a fingerprint-based
16criminal history records check, records of convictions,
17forever and hereinafter, until expunged, to the president of
18the school board for the school district that requested the
19check, or to the regional superintendent who requested the
20check. The Department shall charge the school district or the
21appropriate regional superintendent a fee for conducting such
22check, which fee shall be deposited in the State Police
23Services Fund and shall not exceed the cost of the inquiry; and
24the applicant shall not be charged a fee for such check by the
25school district or by the regional superintendent, except that
26those applicants seeking employment as a substitute teacher

 

 

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1with a school district may be charged a fee not to exceed the
2cost of the inquiry. Subject to appropriations for these
3purposes, the State Superintendent of Education shall
4reimburse school districts and regional superintendents for
5fees paid to obtain criminal history records checks under this
6Section.
7    (a-5) The school district or regional superintendent shall
8further perform a check of the Statewide Sex Offender Database,
9as authorized by the Sex Offender Community Notification Law,
10for each applicant. The check of the Statewide Sex Offender
11Database must be conducted by the school district or regional
12superintendent once for every 5 years that an applicant remains
13employed by the school district.
14    (a-6) The school district or regional superintendent shall
15further perform a check of the Statewide Murderer and Violent
16Offender Against Youth Database, as authorized by the Murderer
17and Violent Offender Against Youth Community Notification Law,
18for each applicant. The check of the Murderer and Violent
19Offender Against Youth Database must be conducted by the school
20district or regional superintendent once for every 5 years that
21an applicant remains employed by the school district.
22    (b) Any information concerning the record of convictions
23obtained by the president of the school board or the regional
24superintendent shall be confidential and may only be
25transmitted to the superintendent of the school district or his
26designee, the appropriate regional superintendent if the check

 

 

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1was requested by the school district, the presidents of the
2appropriate school boards if the check was requested from the
3Department of State Police by the regional superintendent, the
4State Superintendent of Education, the State Educator
5Preparation and Licensure State Teacher Certification Board,
6any other person necessary to the decision of hiring the
7applicant for employment, or for clarification purposes the
8Department of State Police or Statewide Sex Offender Database,
9or both. A copy of the record of convictions obtained from the
10Department of State Police shall be provided to the applicant
11for employment. Upon the check of the Statewide Sex Offender
12Database, the school district or regional superintendent shall
13notify an applicant as to whether or not the applicant has been
14identified in the Database as a sex offender. If a check of an
15applicant for employment as a substitute or concurrent
16part-time teacher or concurrent educational support personnel
17employee in more than one school district was requested by the
18regional superintendent, and the Department of State Police
19upon a check ascertains that the applicant has not been
20convicted of any of the enumerated criminal or drug offenses in
21subsection (c) of this Section or has not been convicted,
22within 7 years of the application for employment with the
23school district, of any other felony under the laws of this
24State or of any offense committed or attempted in any other
25state or against the laws of the United States that, if
26committed or attempted in this State, would have been

 

 

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1punishable as a felony under the laws of this State and so
2notifies the regional superintendent and if the regional
3superintendent upon a check ascertains that the applicant has
4not been identified in the Sex Offender Database as a sex
5offender, then the regional superintendent shall issue to the
6applicant a certificate evidencing that as of the date
7specified by the Department of State Police the applicant has
8not been convicted of any of the enumerated criminal or drug
9offenses in subsection (c) of this Section or has not been
10convicted, within 7 years of the application for employment
11with the school district, of any other felony under the laws of
12this State or of any offense committed or attempted in any
13other state or against the laws of the United States that, if
14committed or attempted in this State, would have been
15punishable as a felony under the laws of this State and
16evidencing that as of the date that the regional superintendent
17conducted a check of the Statewide Sex Offender Database, the
18applicant has not been identified in the Database as a sex
19offender. The school board of any school district may rely on
20the certificate issued by any regional superintendent to that
21substitute teacher, concurrent part-time teacher, or
22concurrent educational support personnel employee or may
23initiate its own criminal history records check of the
24applicant through the Department of State Police and its own
25check of the Statewide Sex Offender Database as provided in
26subsection (a). Any unauthorized release of confidential

 

 

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1information may be a violation of Section 7 of the Criminal
2Identification Act.
3    (c) No school board shall knowingly employ a person who has
4been convicted of any offense that would subject him or her to
5license suspension or revocation pursuant to Section 21B-80 of
6this Code, except as provided under subsection (b) of Section
721B-80. Further, no school board shall knowingly employ a
8person who has been found to be the perpetrator of sexual or
9physical abuse of any minor under 18 years of age pursuant to
10proceedings under Article II of the Juvenile Court Act of 1987.
11As a condition of employment, each school board must consider
12the status of a person who has been issued an indicated finding
13of abuse or neglect of a child by the Department of Children
14and Family Services under the Abused and Neglected Child
15Reporting Act or by a child welfare agency of another
16jurisdiction.
17    (d) No school board shall knowingly employ a person for
18whom a criminal history records check and a Statewide Sex
19Offender Database check has not been initiated.
20    (e) If permissible by federal or State law, no later than
2115 business days after receipt of a record of conviction or of
22checking the Statewide Murderer and Violent Offender Against
23Youth Database or the Statewide Sex Offender Database and
24finding a registration, the superintendent of the employing
25school board or the applicable regional superintendent shall,
26in writing, notify the State Superintendent of Education of any

 

 

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1license holder who has been convicted of a crime set forth in
2Section 21B-80 of this Code. Upon receipt of the record of a
3conviction of or a finding of child abuse by a holder of any
4license certificate issued pursuant to Article 21B 21 or
5Section 34-8.1 or 34-83 of the School Code, the State
6Superintendent of Education may initiate licensure certificate
7suspension and revocation proceedings as authorized by law. If
8the receipt of the record of conviction or finding of child
9abuse is received within 6 months after the initial grant of or
10renewal of a license, the State Superintendent of Education may
11rescind the license holder's license.
12    (e-5) The superintendent of the employing school board
13shall, in writing, notify the State Superintendent of Education
14and the applicable regional superintendent of schools of any
15license certificate holder whom he or she has reasonable cause
16to believe has committed an intentional act of abuse or neglect
17with the result of making a child an abused child or a
18neglected child, as defined in Section 3 of the Abused and
19Neglected Child Reporting Act, and that act resulted in the
20license certificate holder's dismissal or resignation from the
21school district. This notification must be submitted within 30
22days after the dismissal or resignation. The license
23certificate holder must also be contemporaneously sent a copy
24of the notice by the superintendent. All correspondence,
25documentation, and other information so received by the
26regional superintendent of schools, the State Superintendent

 

 

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1of Education, the State Board of Education, or the State
2Educator Preparation and Licensure State Teacher Certification
3Board under this subsection (e-5) is confidential and must not
4be disclosed to third parties, except (i) as necessary for the
5State Superintendent of Education or his or her designee to
6investigate and prosecute pursuant to Article 21B 21 of this
7Code, (ii) pursuant to a court order, (iii) for disclosure to
8the license certificate holder or his or her representative, or
9(iv) as otherwise provided in this Article and provided that
10any such information admitted into evidence in a hearing is
11exempt from this confidentiality and non-disclosure
12requirement. Except for an act of willful or wanton misconduct,
13any superintendent who provides notification as required in
14this subsection (e-5) shall have immunity from any liability,
15whether civil or criminal or that otherwise might result by
16reason of such action.
17    (f) After January 1, 1990 the provisions of this Section
18shall apply to all employees of persons or firms holding
19contracts with any school district including, but not limited
20to, food service workers, school bus drivers and other
21transportation employees, who have direct, daily contact with
22the pupils of any school in such district. For purposes of
23criminal history records checks and checks of the Statewide Sex
24Offender Database on employees of persons or firms holding
25contracts with more than one school district and assigned to
26more than one school district, the regional superintendent of

 

 

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1the educational service region in which the contracting school
2districts are located may, at the request of any such school
3district, be responsible for receiving the authorization for a
4criminal history records check prepared by each such employee
5and submitting the same to the Department of State Police and
6for conducting a check of the Statewide Sex Offender Database
7for each employee. Any information concerning the record of
8conviction and identification as a sex offender of any such
9employee obtained by the regional superintendent shall be
10promptly reported to the president of the appropriate school
11board or school boards.
12    (f-5) Upon request of a school or school district, any
13information obtained by a school district pursuant to
14subsection (f) of this Section within the last year must be
15made available to the requesting school or school district.
16    (g) Prior to the commencement of any student teaching
17experience or required internship (which is referred to as
18student teaching in this Section) in the public schools, a
19student teacher is required to authorize a fingerprint-based
20criminal history records check. Authorization for and payment
21of the costs of the check must be furnished by the student
22teacher to the school district where the student teaching is to
23be completed. Upon receipt of this authorization and payment,
24the school district shall submit the student teacher's name,
25sex, race, date of birth, social security number, fingerprint
26images, and other identifiers, as prescribed by the Department

 

 

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1of State Police, to the Department of State Police. The
2Department of State Police and the Federal Bureau of
3Investigation shall furnish, pursuant to a fingerprint-based
4criminal history records check, records of convictions,
5forever and hereinafter, until expunged, to the president of
6the school board for the school district that requested the
7check. The Department shall charge the school district a fee
8for conducting the check, which fee must not exceed the cost of
9the inquiry and must be deposited into the State Police
10Services Fund. The school district shall further perform a
11check of the Statewide Sex Offender Database, as authorized by
12the Sex Offender Community Notification Law, and of the
13Statewide Murderer and Violent Offender Against Youth
14Database, as authorized by the Murderer and Violent Offender
15Against Youth Registration Act, for each student teacher. No
16school board may knowingly allow a person to student teach for
17whom a criminal history records check, a Statewide Sex Offender
18Database check, and a Statewide Murderer and Violent Offender
19Against Youth Database check have not been completed and
20reviewed by the district.
21    A copy of the record of convictions obtained from the
22Department of State Police must be provided to the student
23teacher. Any information concerning the record of convictions
24obtained by the president of the school board is confidential
25and may only be transmitted to the superintendent of the school
26district or his or her designee, the State Superintendent of

 

 

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1Education, the State Educator Preparation and Licensure Board,
2or, for clarification purposes, the Department of State Police
3or the Statewide Sex Offender Database or Statewide Murderer
4and Violent Offender Against Youth Database. Any unauthorized
5release of confidential information may be a violation of
6Section 7 of the Criminal Identification Act.
7    No school board shall may knowingly allow a person to
8student teach who has been convicted of any offense that would
9subject him or her to license suspension or revocation pursuant
10to subsection (c) of Section 21B-80 of this Code, except as
11provided under subsection (b) of Section 21B-80. Further, no
12school board shall allow a person to student teach if he or she
13or who has been found to be the perpetrator of sexual or
14physical abuse of a minor under 18 years of age pursuant to
15proceedings under Article II of the Juvenile Court Act of 1987.
16Each school board must consider the status of a person to
17student teach who has been issued an indicated finding of abuse
18or neglect of a child by the Department of Children and Family
19Services under the Abused and Neglected Child Reporting Act or
20by a child welfare agency of another jurisdiction.
21    (h) (Blank).
22(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
23    (105 ILCS 5/10-23.12)  (from Ch. 122, par. 10-23.12)
24    Sec. 10-23.12. Child abuse and neglect; detection,
25reporting, and prevention; willful or negligent failure to

 

 

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1report.
2    (a) To provide staff development for local school site
3personnel who work with pupils in grades kindergarten through 8
4in the detection, reporting, and prevention of child abuse and
5neglect.
6    (b) The Department of Children and Family Services may, in
7cooperation with school officials, distribute appropriate
8materials in school buildings listing the toll-free telephone
9number established in Section 7.6 of the Abused and Neglected
10Child Reporting Act, including methods of making a report under
11Section 7 of the Abused and Neglected Child Reporting Act, to
12be displayed in a clearly visible location in each school
13building.
14    (c) Except for an employee licensed under Article 21B of
15this Code, if a school board determines that any school
16district employee has willfully or negligently failed to report
17an instance of suspected child abuse or neglect, as required by
18the Abused and Neglected Child Reporting Act, then the school
19board may dismiss that employee immediately upon that
20determination. For purposes of this subsection (c), negligent
21failure to report an instance of suspected child abuse or
22neglect occurs when a school district employee personally
23observes an instance of suspected child abuse or neglect and
24reasonably believes, in his or her professional or official
25capacity, that the instance constitutes an act of child abuse
26or neglect under the Abused and Neglected Child Reporting Act,

 

 

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1and he or she, without willful intent, fails to immediately
2report or cause a report to be made of the suspected abuse or
3neglect to the Department of Children and Family Services, as
4required by the Abused and Neglected Child Reporting Act.
5(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
 
6    (105 ILCS 5/21B-45)
7    Sec. 21B-45. Professional Educator License renewal.
8    (a) Individuals holding a Professional Educator License
9are required to complete the licensure renewal requirements as
10specified in this Section, unless otherwise provided in this
11Code.
12    Individuals holding a Professional Educator License shall
13meet the renewal requirements set forth in this Section, unless
14otherwise provided in this Code. If an individual holds a
15license endorsed in more than one area that has different
16renewal requirements, that individual shall follow the renewal
17requirements for the position for which he or she spends the
18majority of his or her time working.
19    (b) All Professional Educator Licenses not renewed as
20provided in this Section shall lapse on September 1 of that
21year. Notwithstanding any other provisions of this Section, if
22a license holder's electronic mail address is available, the
23State Board of Education shall send him or her notification
24electronically that his or her license will lapse if not
25renewed, to be sent no more than 6 months prior to the license

 

 

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1lapsing. Lapsed licenses may be immediately reinstated upon (i)
2payment by the applicant of a $500 penalty to the State Board
3of Education or (ii) the demonstration of proficiency by
4completing 9 semester hours of coursework from a regionally
5accredited institution of higher education in the content area
6that most aligns with one or more of the educator's endorsement
7areas. Any and all back fees, including without limitation
8registration fees owed from the time of expiration of the
9license until the date of reinstatement, shall be paid and kept
10in accordance with the provisions in Article 3 of this Code
11concerning an institute fund and the provisions in Article 21B
12of this Code concerning fees and requirements for registration.
13Licenses not registered in accordance with Section 21B-40 of
14this Code shall lapse after a period of 6 months from the
15expiration of the last year of registration or on January 1 of
16the fiscal year following initial issuance of the license. An
17unregistered license is invalid after September 1 for
18employment and performance of services in an Illinois public or
19State-operated school or cooperative and in a charter school.
20Any license or endorsement may be voluntarily surrendered by
21the license holder. A voluntarily surrendered license, except a
22substitute teaching license issued under Section 21B-20 of this
23Code, shall be treated as a revoked license. An Educator
24License with Stipulations with only a paraprofessional
25endorsement does not lapse.
26    (c) From July 1, 2013 through June 30, 2014, in order to

 

 

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1satisfy the requirements for licensure renewal provided for in
2this Section, each professional educator licensee with an
3administrative endorsement who is working in a position
4requiring such endorsement shall complete one Illinois
5Administrators' Academy course, as described in Article 2 of
6this Code, per fiscal year.
7    (d) Beginning July 1, 2014, in order to satisfy the
8requirements for licensure renewal provided for in this
9Section, each professional educator licensee may create a
10professional development plan each year. The plan shall address
11one or more of the endorsements that are required of his or her
12educator position if the licensee is employed and performing
13services in an Illinois public or State-operated school or
14cooperative. If the licensee is employed in a charter school,
15the plan shall address that endorsement or those endorsements
16most closely related to his or her educator position. Licensees
17employed and performing services in any other Illinois schools
18may participate in the renewal requirements by adhering to the
19same process.
20    Except as otherwise provided in this Section, the
21licensee's professional development activities shall align
22with one or more of the following criteria:
23        (1) activities are of a type that engage participants
24    over a sustained period of time allowing for analysis,
25    discovery, and application as they relate to student
26    learning, social or emotional achievement, or well-being;

 

 

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1        (2) professional development aligns to the licensee's
2    performance;
3        (3) outcomes for the activities must relate to student
4    growth or district improvement;
5        (4) activities align to State-approved standards; and
6        (5) higher education coursework.
7    (e) For each renewal cycle, each professional educator
8licensee shall engage in professional development activities.
9Prior to renewal, the licensee shall enter electronically into
10the Educator Licensure Information System (ELIS) the name,
11date, and location of the activity, the number of professional
12development hours, and the provider's name. The following
13provisions shall apply concerning professional development
14activities:
15        (1) Each licensee shall complete a total of 120 hours
16    of professional development per 5-year renewal cycle in
17    order to renew the license, except as otherwise provided in
18    this Section.
19        (2) Beginning with his or her first full 5-year cycle,
20    any licensee with an administrative endorsement who is not
21    working in a position requiring such endorsement is not
22    required to complete Illinois Administrators' Academy
23    courses, as described in Article 2 of this Code. Such
24    licensees must complete one Illinois Administrators'
25    Academy course within one year after returning to a
26    position that requires the administrative endorsement.

 

 

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1        (3) Any licensee with an administrative endorsement
2    who is working in a position requiring such endorsement or
3    an individual with a Teacher Leader endorsement serving in
4    an administrative capacity at least 50% of the day shall
5    complete one Illinois Administrators' Academy course, as
6    described in Article 2 of this Code, each fiscal year in
7    addition to 100 hours of professional development per
8    5-year renewal cycle in accordance with this Code.
9        (4) Any licensee holding a current National Board for
10    Professional Teaching Standards (NBPTS) master teacher
11    designation shall complete a total of 60 hours of
12    professional development per 5-year renewal cycle in order
13    to renew the license.
14        (5) Licensees working in a position that does not
15    require educator licensure or working in a position for
16    less than 50% for any particular year are considered to be
17    exempt and shall be required to pay only the registration
18    fee in order to renew and maintain the validity of the
19    license.
20        (6) Licensees who are retired and qualify for benefits
21    from a State of Illinois retirement system shall notify the
22    State Board of Education using ELIS, and the license shall
23    be maintained in retired status. For any renewal cycle in
24    which a licensee retires during the renewal cycle, the
25    licensee must complete professional development activities
26    on a prorated basis depending on the number of years during

 

 

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1    the renewal cycle the educator held an active license. If a
2    licensee retires during a renewal cycle, the licensee must
3    notify the State Board of Education using ELIS that the
4    licensee wishes to maintain the license in retired status
5    and must show proof of completion of professional
6    development activities on a prorated basis for all years of
7    that renewal cycle for which the license was active. An
8    individual with a license in retired status shall not be
9    required to complete professional development activities
10    or pay registration fees until returning to a position that
11    requires educator licensure. Upon returning to work in a
12    position that requires the Professional Educator License,
13    the licensee shall immediately pay a registration fee and
14    complete renewal requirements for that year. A license in
15    retired status cannot lapse. Beginning on January 6, 2017
16    (the effective date of Public Act 99-920) through December
17    31, 2017, any licensee who has retired and whose license
18    has lapsed for failure to renew as provided in this Section
19    may reinstate that license and maintain it in retired
20    status upon providing proof to the State Board of Education
21    using ELIS that the licensee is retired and is not working
22    in a position that requires a Professional Educator
23    License.
24        (7) For any renewal cycle in which professional
25    development hours were required, but not fulfilled, the
26    licensee shall complete any missed hours to total the

 

 

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1    minimum professional development hours required in this
2    Section prior to September 1 of that year. Professional
3    development hours used to fulfill the minimum required
4    hours for a renewal cycle may be used for only one renewal
5    cycle. For any fiscal year or renewal cycle in which an
6    Illinois Administrators' Academy course was required but
7    not completed, the licensee shall complete any missed
8    Illinois Administrators' Academy courses prior to
9    September 1 of that year. The licensee may complete all
10    deficient hours and Illinois Administrators' Academy
11    courses while continuing to work in a position that
12    requires that license until September 1 of that year.
13        (8) Any licensee who has not fulfilled the professional
14    development renewal requirements set forth in this Section
15    at the end of any 5-year renewal cycle is ineligible to
16    register his or her license and may submit an appeal to the
17    State Superintendent of Education for reinstatement of the
18    license.
19        (9) If professional development opportunities were
20    unavailable to a licensee, proof that opportunities were
21    unavailable and request for an extension of time beyond
22    August 31 to complete the renewal requirements may be
23    submitted from April 1 through June 30 of that year to the
24    State Educator Preparation and Licensure Board. If an
25    extension is approved, the license shall remain valid
26    during the extension period.

 

 

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1        (10) Individuals who hold exempt licenses prior to
2    December 27, 2013 (the effective date of Public Act 98-610)
3    shall commence the annual renewal process with the first
4    scheduled registration due after December 27, 2013 (the
5    effective date of Public Act 98-610).
6        (11) Notwithstanding any other provision of this
7    subsection (e), if a licensee earns more than the required
8    number of professional development hours during a renewal
9    cycle, then the licensee may carry over any hours earned
10    from April 1 through June 30 of the last year of the
11    renewal cycle. Any hours carried over in this manner must
12    be applied to the next renewal cycle. Illinois
13    Administrators' Academy courses or hours earned in those
14    courses may not be carried over.
15    (f) At the time of renewal, each licensee shall respond to
16the required questions under penalty of perjury.
17    (f-5) The State Board of Education shall conduct random
18audits of licensees to verify a licensee's fulfillment of the
19professional development hours required under this Section.
20Upon completion of a random audit, if it is determined by the
21State Board of Education that the licensee did not complete the
22required number of professional development hours or did not
23provide sufficient proof of completion, the licensee shall be
24notified that his or her license has lapsed. A license that has
25lapsed under this subsection may be reinstated as provided in
26subsection (b).

 

 

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1    (g) The following entities shall be designated as approved
2to provide professional development activities for the renewal
3of Professional Educator Licenses:
4        (1) The State Board of Education.
5        (2) Regional offices of education and intermediate
6    service centers.
7        (3) Illinois professional associations representing
8    the following groups that are approved by the State
9    Superintendent of Education:
10            (A) school administrators;
11            (B) principals;
12            (C) school business officials;
13            (D) teachers, including special education
14        teachers;
15            (E) school boards;
16            (F) school districts;
17            (G) parents; and
18            (H) school service personnel.
19        (4) Regionally accredited institutions of higher
20    education that offer Illinois-approved educator
21    preparation programs and public community colleges subject
22    to the Public Community College Act.
23        (5) Illinois public school districts, charter schools
24    authorized under Article 27A of this Code, and joint
25    educational programs authorized under Article 10 of this
26    Code for the purposes of providing career and technical

 

 

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1    education or special education services.
2        (6) A not-for-profit organization that, as of December
3    31, 2014 (the effective date of Public Act 98-1147), has
4    had or has a grant from or a contract with the State Board
5    of Education to provide professional development services
6    in the area of English Learning to Illinois school
7    districts, teachers, or administrators.
8        (7) State agencies, State boards, and State
9    commissions.
10        (8) Museums as defined in Section 10 of the Museum
11    Disposition of Property Act.
12    (h) Approved providers under subsection (g) of this Section
13shall make available professional development opportunities
14that satisfy at least one of the following:
15        (1) increase the knowledge and skills of school and
16    district leaders who guide continuous professional
17    development;
18        (2) improve the learning of students;
19        (3) organize adults into learning communities whose
20    goals are aligned with those of the school and district;
21        (4) deepen educator's content knowledge;
22        (5) provide educators with research-based
23    instructional strategies to assist students in meeting
24    rigorous academic standards;
25        (6) prepare educators to appropriately use various
26    types of classroom assessments;

 

 

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1        (7) use learning strategies appropriate to the
2    intended goals;
3        (8) provide educators with the knowledge and skills to
4    collaborate; or
5        (9) prepare educators to apply research to
6    decision-making.
7    (i) Approved providers under subsection (g) of this Section
8shall do the following:
9        (1) align professional development activities to the
10    State-approved national standards for professional
11    learning;
12        (2) meet the professional development criteria for
13    Illinois licensure renewal;
14        (3) produce a rationale for the activity that explains
15    how it aligns to State standards and identify the
16    assessment for determining the expected impact on student
17    learning or school improvement;
18        (4) maintain original documentation for completion of
19    activities;
20        (5) provide license holders with evidence of
21    completion of activities; and
22        (6) request an Illinois Educator Identification Number
23    (IEIN) for each educator during each professional
24    development activity; and .
25        (7) beginning on July 1, 2019, register annually with
26    the State Board of Education prior to offering any

 

 

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1    professional development opportunities in the current
2    fiscal year.
3    (j) The State Board of Education shall conduct annual
4audits of a subset of approved providers, except for school
5districts, which shall be audited by regional offices of
6education and intermediate service centers. The State Board of
7Education shall ensure that each approved provider, except for
8a school district, is audited at least once every 5 years. The
9State Board of Education may conduct more frequent audits of
10providers if evidence suggests the requirements of this Section
11or administrative rules are not being met. The State Board of
12Education shall complete random audits of licensees.
13        (1) (Blank).
14        (2) Approved providers shall comply with the
15    requirements in subsections (h) and (i) of this Section by
16    annually submitting data to the State Board of Education
17    demonstrating how the professional development activities
18    impacted one or more of the following:
19            (A) educator and student growth in regards to
20        content knowledge or skills, or both;
21            (B) educator and student social and emotional
22        growth; or
23            (C) alignment to district or school improvement
24        plans.
25        (3) The State Superintendent of Education shall review
26    the annual data collected by the State Board of Education,

 

 

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1    regional offices of education, and intermediate service
2    centers in audits to determine if the approved provider has
3    met the criteria and should continue to be an approved
4    provider or if further action should be taken as provided
5    in rules.
6    (k) Registration fees shall be paid for the next renewal
7cycle between April 1 and June 30 in the last year of each
85-year renewal cycle using ELIS. If all required professional
9development hours for the renewal cycle have been completed and
10entered by the licensee, the licensee shall pay the
11registration fees for the next cycle using a form of credit or
12debit card.
13    (l) Any professional educator licensee endorsed for school
14support personnel who is employed and performing services in
15Illinois public schools and who holds an active and current
16professional license issued by the Department of Financial and
17Professional Regulation or a national certification board, as
18approved by the State Board of Education, related to the
19endorsement areas on the Professional Educator License shall be
20deemed to have satisfied the continuing professional
21development requirements provided for in this Section. Such
22individuals shall be required to pay only registration fees to
23renew the Professional Educator License. An individual who does
24not hold a license issued by the Department of Financial and
25Professional Regulation shall complete professional
26development requirements for the renewal of a Professional

 

 

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1Educator License provided for in this Section.
2    (m) Appeals to the State Educator Preparation and Licensure
3Board must be made within 30 days after receipt of notice from
4the State Superintendent of Education that a license will not
5be renewed based upon failure to complete the requirements of
6this Section. A licensee may appeal that decision to the State
7Educator Preparation and Licensure Board in a manner prescribed
8by rule.
9        (1) Each appeal shall state the reasons why the State
10    Superintendent's decision should be reversed and shall be
11    sent by certified mail, return receipt requested, to the
12    State Board of Education.
13        (2) The State Educator Preparation and Licensure Board
14    shall review each appeal regarding renewal of a license
15    within 90 days after receiving the appeal in order to
16    determine whether the licensee has met the requirements of
17    this Section. The State Educator Preparation and Licensure
18    Board may hold an appeal hearing or may make its
19    determination based upon the record of review, which shall
20    consist of the following:
21            (A) the regional superintendent of education's
22        rationale for recommending nonrenewal of the license,
23        if applicable;
24            (B) any evidence submitted to the State
25        Superintendent along with the individual's electronic
26        statement of assurance for renewal; and

 

 

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1            (C) the State Superintendent's rationale for
2        nonrenewal of the license.
3        (3) The State Educator Preparation and Licensure Board
4    shall notify the licensee of its decision regarding license
5    renewal by certified mail, return receipt requested, no
6    later than 30 days after reaching a decision. Upon receipt
7    of notification of renewal, the licensee, using ELIS, shall
8    pay the applicable registration fee for the next cycle
9    using a form of credit or debit card.
10    (n) The State Board of Education may adopt rules as may be
11necessary to implement this Section.
12(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15;
1399-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17;
14100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff.
157-1-18; 100-863, eff. 8-14-18.)
 
16    (105 ILCS 5/21B-75)
17    Sec. 21B-75. Suspension or revocation of license.
18    (a) As used in this Section, "teacher" means any school
19district employee regularly required to be licensed, as
20provided in this Article, in order to teach or supervise in the
21public schools.
22    (b) The State Superintendent of Education has the exclusive
23authority, in accordance with this Section and any rules
24adopted by the State Board of Education, in consultation with
25the State Educator Preparation and Licensure Board, to initiate

 

 

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1the suspension of up to 5 calendar years or revocation of any
2license issued pursuant to this Article for abuse or neglect of
3a child, immorality, a condition of health detrimental to the
4welfare of pupils, incompetency, unprofessional conduct (which
5includes the failure to disclose on an employment application
6any previous conviction for a sex offense, as defined in
7Section 21B-80 of this Code, or any other offense committed in
8any other state or against the laws of the United States that,
9if committed in this State, would be punishable as a sex
10offense, as defined in Section 21B-80 of this Code), the
11neglect of any professional duty, willful or negligent failure
12to report an instance of suspected child abuse or neglect as
13required by the Abused and Neglected Child Reporting Act, or
14other just cause. Negligent failure to report an instance of
15suspected child abuse or neglect occurs when a teacher
16personally observes an instance of suspected child abuse or
17neglect and reasonably believes, in his or her professional or
18official capacity, that the instance constitutes an act of
19child abuse or neglect under the Abused and Neglected Child
20Reporting Act, and he or she, without willful intent, fails to
21immediately report or cause a report to be made of the
22suspected abuse or neglect to the Department of Children and
23Family Services, as required by the Abused and Neglected Child
24Reporting Act. Unprofessional conduct shall include the
25refusal to attend or participate in institutes, teachers'
26meetings, or professional readings or to meet other reasonable

 

 

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1requirements of the regional superintendent of schools or State
2Superintendent of Education. Unprofessional conduct also
3includes conduct that violates the standards, ethics, or rules
4applicable to the security, administration, monitoring, or
5scoring of or the reporting of scores from any assessment test
6or examination administered under Section 2-3.64a-5 of this
7Code or that is known or intended to produce or report
8manipulated or artificial, rather than actual, assessment or
9achievement results or gains from the administration of those
10tests or examinations. Unprofessional conduct shall also
11include neglect or unnecessary delay in the making of
12statistical and other reports required by school officers.
13Incompetency shall include, without limitation, 2 or more
14school terms of service for which the license holder has
15received an unsatisfactory rating on a performance evaluation
16conducted pursuant to Article 24A of this Code within a period
17of 7 school terms of service. In determining whether to
18initiate action against one or more licenses based on
19incompetency and the recommended sanction for such action, the
20State Superintendent shall consider factors that include
21without limitation all of the following:
22        (1) Whether the unsatisfactory evaluation ratings
23    occurred prior to June 13, 2011 (the effective date of
24    Public Act 97-8).
25        (2) Whether the unsatisfactory evaluation ratings
26    occurred prior to or after the implementation date, as

 

 

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1    defined in Section 24A-2.5 of this Code, of an evaluation
2    system for teachers in a school district.
3        (3) Whether the evaluator or evaluators who performed
4    an unsatisfactory evaluation met the pre-licensure and
5    training requirements set forth in Section 24A-3 of this
6    Code.
7        (4) The time between the unsatisfactory evaluation
8    ratings.
9        (5) The quality of the remediation plans associated
10    with the unsatisfactory evaluation ratings and whether the
11    license holder successfully completed the remediation
12    plans.
13        (6) Whether the unsatisfactory evaluation ratings were
14    related to the same or different assignments performed by
15    the license holder.
16        (7) Whether one or more of the unsatisfactory
17    evaluation ratings occurred in the first year of a teaching
18    or administrative assignment.
19When initiating an action against one or more licenses, the
20State Superintendent may seek required professional
21development as a sanction in lieu of or in addition to
22suspension or revocation. Any such required professional
23development must be at the expense of the license holder, who
24may use, if available and applicable to the requirements
25established by administrative or court order, training,
26coursework, or other professional development funds in

 

 

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1accordance with the terms of an applicable collective
2bargaining agreement entered into after June 13, 2011 (the
3effective date of Public Act 97-8), unless that agreement
4specifically precludes use of funds for such purpose.
5    (c) The State Superintendent of Education shall, upon
6receipt of evidence of abuse or neglect of a child, immorality,
7a condition of health detrimental to the welfare of pupils,
8incompetency (subject to subsection (b) of this Section),
9unprofessional conduct, the neglect of any professional duty,
10or other just cause, further investigate and, if and as
11appropriate, serve written notice to the individual and afford
12the individual opportunity for a hearing prior to suspension,
13revocation, or other sanction; provided that the State
14Superintendent is under no obligation to initiate such an
15investigation if the Department of Children and Family Services
16is investigating the same or substantially similar allegations
17and its child protective service unit has not made its
18determination, as required under Section 7.12 of the Abused and
19Neglected Child Reporting Act. If the State Superintendent of
20Education does not receive from an individual a request for a
21hearing within 10 days after the individual receives notice,
22the suspension, revocation, or other sanction shall
23immediately take effect in accordance with the notice. If a
24hearing is requested within 10 days after notice of an
25opportunity for hearing, it shall act as a stay of proceedings
26until the State Educator Preparation and Licensure Board issues

 

 

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1a decision. Any hearing shall take place in the educational
2service region where the educator is or was last employed and
3in accordance with rules adopted by the State Board of
4Education, in consultation with the State Educator Preparation
5and Licensure Board, and such rules shall include without
6limitation provisions for discovery and the sharing of
7information between parties prior to the hearing. The standard
8of proof for any administrative hearing held pursuant to this
9Section shall be by the preponderance of the evidence. The
10decision of the State Educator Preparation and Licensure Board
11is a final administrative decision and is subject to judicial
12review by appeal of either party.
13    The State Board of Education may refuse to issue or may
14suspend the license of any person who fails to file a return or
15to pay the tax, penalty, or interest shown in a filed return or
16to pay any final assessment of tax, penalty, or interest, as
17required by any tax Act administered by the Department of
18Revenue, until such time as the requirements of any such tax
19Act are satisfied.
20    The exclusive authority of the State Superintendent of
21Education to initiate suspension or revocation of a license
22pursuant to this Section does not preclude a regional
23superintendent of schools from cooperating with the State
24Superintendent or a State's Attorney with respect to an
25investigation of alleged misconduct.
26    (d) The State Superintendent of Education or his or her

 

 

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

 

 

10100SB0456ham002- 35 -LRB101 04217 AXK 61101 a

1investigate and prosecute pursuant to this Article, (ii)
2pursuant to a court order, (iii) for disclosure to the license
3holder or his or her representative, or (iv) as otherwise
4required in this Article and provided that any such information
5admitted into evidence in a hearing is exempt from this
6confidentiality and non-disclosure requirement.
7    (f) The State Superintendent of Education or a person
8designated by him or her shall have the power to administer
9oaths to witnesses at any hearing conducted before the State
10Educator Preparation and Licensure Board pursuant to this
11Section. The State Superintendent of Education or a person
12designated by him or her is authorized to subpoena and bring
13before the State Educator Preparation and Licensure Board any
14person in this State and to take testimony either orally or by
15deposition or by exhibit, with the same fees and mileage and in
16the same manner as prescribed by law in judicial proceedings in
17civil cases in circuit courts of this State.
18    (g) Any circuit court, upon the application of the State
19Superintendent of Education or the license holder, may, by
20order duly entered, require the attendance of witnesses and the
21production of relevant books and papers as part of any
22investigation or at any hearing the State Educator Preparation
23and Licensure Board is authorized to conduct pursuant to this
24Section, and the court may compel obedience to its orders by
25proceedings for contempt.
26    (h) The State Board of Education shall receive an annual

 

 

10100SB0456ham002- 36 -LRB101 04217 AXK 61101 a

1line item appropriation to cover fees associated with the
2investigation and prosecution of alleged educator misconduct
3and hearings related thereto.
4(Source: P.A. 100-872, eff. 8-14-18.)
 
5    (105 ILCS 5/21B-80)
6    Sec. 21B-80. Conviction of certain offenses as grounds for
7disqualification for licensure or suspension or revocation of a
8license.
9    (a) As used in this Section:
10    "Drug offense" means any one or more of the following
11offenses:
12        (1) Any offense defined in the Cannabis Control Act,
13    except those defined in subdivisions (a), (b), and (c) of
14    Section 4 and subdivisions (a) and (b) of Section 5 of the
15    Cannabis Control Act and any offense for which the holder
16    of a license is placed on probation under the provisions of
17    Section 10 of the Cannabis Control Act, provided that if
18    the terms and conditions of probation required by the court
19    are not fulfilled, the offense is not eligible for this
20    exception.
21        (2) Any offense defined in the Illinois Controlled
22    Substances Act, except any offense for which the holder of
23    a license is placed on probation under the provisions of
24    Section 410 of the Illinois Controlled Substances Act,
25    provided that if the terms and conditions of probation

 

 

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1    required by the court are not fulfilled, the offense is not
2    eligible for this exception.
3        (3) Any offense defined in the Methamphetamine Control
4    and Community Protection Act, except any offense for which
5    the holder of a license is placed on probation under the
6    provision of Section 70 of that Act, provided that if the
7    terms and conditions of probation required by the court are
8    not fulfilled, the offense is not eligible for this
9    exception.
10        (4) Any attempt to commit any of the offenses listed in
11    items (1) through (3) of this definition.
12        (5) Any offense committed or attempted in any other
13    state or against the laws of the United States that, if
14    committed or attempted in this State, would have been
15    punishable as one or more of the offenses listed in items
16    (1) through (4) of this definition.
17The changes made by Public Act 96-431 to this definition are
18declaratory of existing law.
19    "Sentence" includes any period of supervised release
20supervision or probation that was imposed either alone or in
21combination with a period of incarceration.
22    "Sex or other offense" means any one or more of the
23following offenses:
24        (A) Any offense defined in Sections 11-6, 11-9 through
25    11-9.5, inclusive, and 11-30 (if punished as a Class 4
26    felony) of the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012; Sections 11-14.1 through 11-21, inclusive, of the
2    Criminal Code of 1961 or the Criminal Code of 2012;
3    Sections 11-23 (if punished as a Class 3 felony), 11-24,
4    11-25, and 11-26 of the Criminal Code of 1961 or the
5    Criminal Code of 2012; Section 10-5.1, subsection (c) of
6    Section 10-9, and Sections 11-6.6, 11-11, 12-3.05, 12-3.3,
7    12-6.4, 12-7.1, 12-34, 12-34.5, and 12-35 of the Criminal
8    Code of 2012; and Sections 11-1.20, 11-1.30, 11-1.40,
9    11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15,
10    12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished pursuant
11    to subdivision (4) or (5) of subsection (d) of Section
12    26-4) of the Criminal Code of 1961 or the Criminal Code of
13    2012.
14        (B) Any attempt to commit any of the offenses listed in
15    item (A) of this definition.
16        (C) Any offense committed or attempted in any other
17    state that, if committed or attempted in this State, would
18    have been punishable as one or more of the offenses listed
19    in items (A) and (B) of this definition.
20    (b) Whenever the holder of any license issued pursuant to
21this Article or applicant for a license to be issued pursuant
22to this Article has been convicted of any drug offense, other
23than as provided in subsection (c) of this Section, the State
24Superintendent of Education shall forthwith suspend the
25license or deny the application, whichever is applicable, until
267 years following the end of the sentence for the criminal

 

 

10100SB0456ham002- 39 -LRB101 04217 AXK 61101 a

1offense. If the conviction is reversed and the holder is
2acquitted of the offense in a new trial or the charges against
3him or her are dismissed, the State Superintendent of Education
4shall forthwith terminate the suspension of the license.
5    (b-5) Whenever the holder of a license issued pursuant to
6this Article or applicant for a license to be issued pursuant
7to this Article has been charged with attempting to commit,
8conspiring to commit, soliciting, or committing any sex or
9other offense, as enumerated under item (A) of subsection (a),
10first degree murder, or a Class X felony or any offense
11committed or attempted in any other state or against the laws
12of the United States that, if committed or attempted in this
13State, would have been punishable as one or more of the
14foregoing offenses, the State Superintendent of Education
15shall immediately suspend the license or deny the application
16until the person's criminal charges are adjudicated through a
17court of competent jurisdiction. If the person is acquitted,
18his or her license or application shall be immediately
19reinstated.
20    (c) Whenever the holder of a license issued pursuant to
21this Article or applicant for a license to be issued pursuant
22to this Article has been convicted of attempting to commit,
23conspiring to commit, soliciting, or committing any sex or
24other offense, as enumerated under item (A) of subsection (a),
25first degree murder, or a Class X felony or any offense
26committed or attempted in any other state or against the laws

 

 

10100SB0456ham002- 40 -LRB101 04217 AXK 61101 a

1of the United States that, if committed or attempted in this
2State, would have been punishable as one or more of the
3foregoing offenses, the State Superintendent of Education
4shall forthwith suspend the license or deny the application,
5whichever is applicable. If the conviction is reversed and the
6holder is acquitted of that offense in a new trial or the
7charges that he or she committed that offense are dismissed,
8the State Superintendent of Education shall forthwith
9terminate the suspension of the license. When the conviction
10becomes final, the State Superintendent of Education shall
11forthwith revoke the license.
12(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
 
13    (105 ILCS 5/22-85 new)
14    Sec. 22-85. Sexual abuse at schools.
15    (a) The General Assembly finds that:
16        (1) investigation of a child regarding an incident of
17    sexual abuse can induce significant trauma for the child;
18        (2) it is desirable to prevent multiple interviews of a
19    child at a school; and
20        (3) it is important to recognize the role of Children's
21    Advocacy Centers in conducting developmentally appropriate
22    investigations.
23    (b) In this Section:
24    "Alleged incident of sexual abuse" is limited to an
25incident of sexual abuse of a child that is alleged to have

 

 

10100SB0456ham002- 41 -LRB101 04217 AXK 61101 a

1been perpetrated by school personnel, including a school vendor
2or volunteer, that occurred (i) on school grounds or during a
3school activity or (ii) outside of school grounds or not during
4a school activity.
5    "Appropriate law enforcement agency" means a law
6enforcement agency whose employees have been involved, in some
7capacity, with an investigation of a particular alleged
8incident of sexual abuse.
9    (c) If a mandated reporter within a school has knowledge of
10an alleged incident of sexual abuse, the reporter must call the
11Department of Children and Family Services' hotline
12established under Section 7.6 of the Abused and Neglected Child
13Reporting Act immediately after obtaining the minimal
14information necessary to make a report, including the names of
15the affected parties and the allegations. The State Board of
16Education must make available materials detailing the
17information that is necessary to enable notification to the
18Department of Children and Family Services of an alleged
19incident of sexual abuse. Each school must ensure that mandated
20reporters review the State Board of Education's materials and
21materials developed by the Department of Children and Family
22Services and distributed in the school building under Section 7
23of the Abused and Neglected Child Reporting Act at least once
24annually.
25    (d) For schools in a county with an accredited Children's
26Advocacy Center, every alleged incident of sexual abuse that is

 

 

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1reported to the Department of Children and Family Services'
2hotline or a law enforcement agency and is subsequently
3accepted for investigation must be referred by the entity that
4received the report to the local Children's Advocacy Center
5pursuant to that county's multidisciplinary team's protocol
6under the Children's Advocacy Center Act for investigating
7child sexual abuse allegations.
8    (e) A county's local Children's Advocacy Center must, at a
9minimum, do both of the following regarding a referred case of
10an alleged incident of sexual abuse:
11        (1) Coordinate the investigation of the alleged
12    incident, as governed by the local Children's Advocacy
13    Center's existing multidisciplinary team protocol and
14    according to National Children's Alliance accreditation
15    standards.
16        (2) Facilitate communication between the
17    multidisciplinary team investigating the alleged incident
18    of sexual abuse and, if applicable, the referring school's
19    (i) Title IX officer, or his or her designee, (ii) school
20    resource officer, or (iii) personnel leading the school's
21    investigation into the alleged incident of sexual abuse. If
22    a school uses a designated entity to investigate a sexual
23    abuse allegation, the multidisciplinary team may
24    correspond only with that entity and any reference in this
25    Section to "school" refers to that designated entity. This
26    facilitation of communication must, at a minimum, ensure

 

 

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1    that all applicable parties have each other's contact
2    information and must share the county's local Children's
3    Advocacy Center's protocol regarding the process of
4    approving the viewing of a forensic interview, as defined
5    under Section 2.5 of the Children's Advocacy Center Act, by
6    school personnel and a contact person for questions
7    relating to the protocol.
8    (f) After an alleged incident of sexual abuse is accepted
9for investigation by the Department of Children and Family
10Services or a law enforcement agency and while the criminal and
11child abuse investigations related to that alleged incident are
12being conducted by the local multidisciplinary team, the school
13relevant to the alleged incident of sexual abuse must comply
14with both of the following:
15        (1) It may not interview the alleged victim regarding
16    details of the alleged incident of sexual abuse until after
17    the completion of the forensic interview of that victim is
18    conducted at a Children's Advocacy Center. This paragraph
19    does not prohibit a school from requesting information from
20    the alleged victim or his or her parent or guardian to
21    ensure the safety and well-being of the alleged victim at
22    school during an investigation.
23        (2) If asked by a law enforcement agency or an
24    investigator of the Department of Children and Family
25    Services who is conducting the investigation, it must
26    inform those individuals of any evidence the school has

 

 

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1    gathered pertaining to an alleged incident of sexual abuse,
2    as permissible by federal or State law.
3    (g) After completion of a forensic interview, the
4multidisciplinary team must notify the school relevant to the
5alleged incident of sexual abuse of its completion. If, for any
6reason, a multidisciplinary team determines it will not conduct
7a forensic interview in a specific investigation, the
8multidisciplinary team must notify the school as soon as the
9determination is made. If a forensic interview has not been
10conducted within 15 calendar days after opening an
11investigation, the school may notify the multidisciplinary
12team that it intends to interview the alleged victim. No later
13than 10 calendar days after this notification, the
14multidisciplinary team may conduct the forensic interview and,
15if the multidisciplinary does not conduct the interview, the
16school may proceed with its interview.
17    (h) To the greatest extent possible considering student
18safety and Title IX compliance, school personnel may view the
19electronic recordings of a forensic interview of an alleged
20victim of an incident of sexual abuse. As a means to avoid
21additional interviews of an alleged victim, school personnel
22must be granted viewing access to the electronic recording of a
23forensic interview conducted at an accredited Children's
24Advocacy Center for an alleged incident of sexual abuse only if
25the school receives (i) approval from the multidisciplinary
26team investigating the case and (ii) informed consent by a

 

 

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1child over the age of 13 or the child's parent or guardian.
2Each county's local Children's Advocacy Center and
3multidisciplinary team must establish an internal protocol
4regarding the process of approving the viewing of the forensic
5interview, and this process and the contact person must be
6shared with the school contact at the time of the initial
7facilitation. Whenever possible, the school's viewing of the
8electronic recording of a forensic interview should be
9conducted in lieu of the need for additional interviews.
10    (i) For an alleged incident of sexual abuse that has been
11accepted for investigation by a multidisciplinary team, if,
12during the course of its internal investigation and at any
13point during or after the multidisciplinary team's
14investigation, the school determines that it needs to interview
15the alleged victim to successfully complete its investigation
16and the victim is under 18 years of age, a child advocate must
17be made available to the student and may be present during the
18school's interview. A child advocate may be a school social
19worker, a school or equally qualified psychologist, or a person
20in a position the State Board of Education has identified as an
21appropriate advocate for the student during a school's
22investigation into an alleged incident of sexual abuse.
23    (j) The Department of Children and Family Services must
24notify the relevant school when an agency investigation of an
25alleged incident of sexual abuse is complete. The notification
26must include information on the outcome of that investigation.

 

 

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1    (k) The appropriate law enforcement agency must notify the
2relevant school when an agency investigation of an alleged
3incident of sexual abuse is complete or has been suspended. The
4notification must include information on the outcome of that
5investigation.
6    (l) This Section applies to all schools operating under
7this Code, including, but not limited to, public schools
8located in cities having a population of more than 500,000, a
9school operated pursuant to an agreement with a public school
10district, alternative schools operated by third parties, an
11alternative learning opportunities program, a public school
12administered by a local public agency or the Department of
13Human Services, charter schools operating under the authority
14of Article 27A, and non-public schools recognized by the State
15Board of Education.
 
16    (105 ILCS 5/22-86 new)
17    Sec. 22-86. Make Sexual and Severe Physical Abuse Fully
18Extinct (Make S.A.F.E.) Task Force.
19    (a) The General Assembly finds that the most precious
20resource in this State is our children. The General Assembly
21also finds that the protection of children from sexual abuse
22and exploitation is at the core of the duties and fundamental
23responsibilities of the General Assembly and is of the utmost
24importance.
25    (b) The Make Sexual and Severe Physical Abuse Fully Extinct

 

 

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1(Make S.A.F.E.) Task Force is created to address issues
2concerning the sexual abuse of students in school-related
3settings. The Task Force shall consist of all of the following
4members, who must be appointed no later than 60 days after the
5effective date of this amendatory Act of the 101st General
6Assembly:
7        (1) One representative appointed by the Speaker of the
8    House of Representatives.
9        (2) One representative appointed by the Minority
10    Leader of the House of Representatives.
11        (3) One senator appointed by the President of the
12    Senate.
13        (4) One senator appointed by the Minority Leader of the
14    Senate.
15        (5) One member who represents the Children's Advocacy
16    Centers of Illinois appointed by the State Superintendent
17    of Education.
18        (6) The Executive Director of an urban, accredited
19    Children's Advocacy Center appointed by the State
20    Superintendent of Education.
21        (7) The Executive Director of a suburban, accredited
22    Children's Advocacy Center appointed by the State
23    Superintendent of Education.
24        (8) The Executive Director of a rural, accredited
25    Children's Advocacy Center appointed by the State
26    Superintendent of Education.

 

 

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1        (9) One representative of the State Board of Education
2    appointed by the State Superintendent of Education.
3        (10) One member representing a State's Attorney's
4    office appointed by the State Superintendent of Education.
5        (11) One member representing a statewide organization
6    that unites the services and resources of rape crisis
7    centers, alleviates the suffering of sexual assault
8    survivors, and helps build communities appointed by the
9    State Superintendent of Education.
10        (12) One member representing the Department of State
11    Police appointed by the State Superintendent of Education.
12        (13) One member representing the Department of
13    Children and Family Services appointed by the State
14    Superintendent of Education.
15        (14) One member representing the Office of the Attorney
16    General appointed by the State Superintendent of
17    Education.
18        (15) One member representing a statewide organization
19    representing suburban school districts appointed by the
20    State Superintendent of Education.
21        (16) One member representing a statewide professional
22    teachers' organization appointed by the State
23    Superintendent of Education.
24        (17) One member representing a different statewide
25    professional teachers' organization appointed by the State
26    Superintendent of Education.

 

 

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1        (18) One member representing a professional teachers'
2    organization in a city having a population of over 500,000
3    appointed by the State Superintendent of Education.
4        (19) One member representing a school district
5    organized under Article 34 appointed by the State
6    Superintendent of Education.
7        (20) One member representing the investigating body of
8    a school district organized under Article 34 appointed by
9    the State Superintendent of Education.
10        (21) One member representing a statewide organization
11    that represents social workers appointed by the State
12    Superintendent of Education.
13        (22) One member representing a charter schools'
14    organization in this State appointed by the State
15    Superintendent of Education.
16        (23) One member representing a statewide organization
17    that represents principals appointed by the State
18    Superintendent of Education.
19        (24) One member representing a statewide organization
20    that represents superintendents appointed by the State
21    Superintendent of Education.
22        (25) One member representing a statewide organization
23    that represents school boards appointed by the State
24    Superintendent of Education.
25    (c) The Task Force shall first meet at the call of the
26State Superintendent of Education, and each subsequent meeting

 

 

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1shall be at the call of the Chairperson, who shall be
2designated by the State Superintendent of Education. The State
3Board of Education shall provide administrative and other
4support to the Task Force. Members of the Task Force shall
5serve without compensation.
6    (d) The Task Force shall review the best practices for
7preventing the sexual abuse of students in a school-related
8setting or by school-related perpetrators, including school
9district employees or other students, how to best address that
10abuse, and the proper support for students who have suffered
11from that abuse. The review shall examine the best practices at
12all schools maintaining prekindergarten through grade 12,
13regardless of whether the school is a public school, nonpublic
14school, or charter school. On or before September 15, 2020, the
15Task Force must report the findings of its review to the
16Governor and the General Assembly, which must, at a minimum,
17include all of the following topics:
18        (1) The best practices for preventing sexual and severe
19    physical abuse in school-related settings or by
20    school-related perpetrators, including, but not limited
21    to, criminal history records checks for school district
22    employees, the employment status of a school employee
23    accused of sexual abuse of a student, and procedural
24    safeguards for personnel who regularly interact with
25    children as part of school or school activities, even if
26    the personnel are not officially employed by a school

 

 

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1    district.
2        (2) The best practices for addressing sexual and severe
3    physical abuse in a school-related setting or by
4    school-related perpetrators, including, but not limited
5    to, the nature and amount of forensic interviews and
6    forensic interview information sharing, school cooperation
7    with multidisciplinary teams under the Children's Advocacy
8    Center Act, and model school policies.
9        (3) The best practices for support for students who
10    have suffered sexual or severe physical abuse in a
11    school-related setting or by a school-related perpetrator,
12    including, but not limited to, emotional, psychological,
13    and academic support.
14        (4) Any other topic the Task Force deems necessary to
15    advance the safety or well-being of students in relation to
16    sexual and severe physical abuse stemming from a
17    school-related setting or school-related perpetrator.
18    The Task Force is dissolved upon submission of the report
19under this subsection.
20    (e) This Section is repealed on March 15, 2021.
 
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

 

 

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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

 

 

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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 full time equivalent positions filled
13by certified employees (excluding principals and
14administrative personnel) during the preceding school year,
15then if the board has any vacancies for the following school
16term or within 2 calendar years from the beginning of the
17following school term, the positions so becoming available
18shall be tendered to the teachers who were so notified and
19removed or dismissed whenever they are legally qualified to
20hold such positions. Each board shall, in consultation with any
21exclusive employee representatives, each year establish a
22list, categorized by positions, showing the length of
23continuing service of each teacher who is qualified to hold any
24such positions, unless an alternative method of determining a
25sequence of dismissal is established as provided for in this
26Section, in which case a list shall be made in accordance with

 

 

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1the alternative method. Copies of the list shall be distributed
2to the exclusive employee representative on or before February
31 of each year. Whenever the number of honorable dismissal
4notices based upon economic necessity exceeds 5, or 150% of the
5average number of teachers honorably dismissed in the preceding
63 years, whichever is more, then the board also shall hold a
7public hearing 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

 

 

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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 qualified to hold the position as follows:
14        (1) Grouping one shall consist of each teacher who is
15    not in contractual continued service and who (i) has not
16    received a performance evaluation rating, (ii) is employed
17    for one school term or less to replace a teacher on leave,
18    or (iii) is employed on a part-time basis. "Part-time
19    basis" for the purposes of this subsection (b) means a
20    teacher who is employed to teach less than a full-day,
21    teacher workload or less than 5 days of the normal student
22    attendance week, unless otherwise provided for in a
23    collective bargaining agreement between the district and
24    the exclusive representative of the district's teachers.
25    For the purposes of this Section, a teacher (A) who is
26    employed as a full-time teacher but who actually teaches or

 

 

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1    is otherwise present and participating in the district's
2    educational program for less than a school term or (B) who,
3    in the immediately previous school term, was employed on a
4    full-time basis and actually taught or was otherwise
5    present and participated in the district's educational
6    program for 120 days or more is not considered employed on
7    a part-time basis.
8        (2) Grouping 2 shall consist of each teacher with a
9    Needs Improvement or Unsatisfactory performance evaluation
10    rating on either of the teacher's last 2 performance
11    evaluation ratings.
12        (3) Grouping 3 shall consist of each teacher with a
13    performance evaluation rating of at least Satisfactory or
14    Proficient on both of the teacher's last 2 performance
15    evaluation ratings, if 2 ratings are available, or on the
16    teacher's last performance evaluation rating, if only one
17    rating is available, unless the teacher qualifies for
18    placement into grouping 4.
19        (4) Grouping 4 shall consist of each teacher whose last
20    2 performance evaluation ratings are Excellent and each
21    teacher with 2 Excellent performance evaluation ratings
22    out of the teacher's last 3 performance evaluation ratings
23    with a third rating of Satisfactory or Proficient.
24    Among teachers qualified to hold a position, teachers must
25be dismissed in the order of their groupings, with teachers in
26grouping one dismissed first and teachers in grouping 4

 

 

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1dismissed last.
2    Within grouping one, the sequence of dismissal must be at
3the discretion of the school district or joint agreement.
4Within grouping 2, the sequence of dismissal must be based upon
5average performance evaluation ratings, with the teacher or
6teachers with the lowest average performance evaluation rating
7dismissed first. A teacher's average performance evaluation
8rating must be calculated using the average of the teacher's
9last 2 performance evaluation ratings, if 2 ratings are
10available, or the teacher's last performance evaluation
11rating, if only one rating is available, using the following
12numerical values: 4 for Excellent; 3 for Proficient or
13Satisfactory; 2 for Needs Improvement; and 1 for
14Unsatisfactory. As between or among teachers in grouping 2 with
15the same average performance evaluation rating and within each
16of groupings 3 and 4, the teacher or teachers with the shorter
17length of continuing service with the school district or joint
18agreement must be dismissed first unless an alternative method
19of determining the sequence of dismissal is established in a
20collective bargaining agreement or contract between the board
21and a professional faculty members' organization.
22    Each board, including the governing board of a joint
23agreement, shall, in consultation with any exclusive employee
24representatives, each year establish a sequence of honorable
25dismissal list categorized by positions and the groupings
26defined in this subsection (b). Copies of the list showing each

 

 

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

 

 

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1dismissal and are qualified to hold the positions, based upon
2legal qualifications and any other qualifications established
3in a district or joint agreement job description, on or before
4the May 10 prior to the date of the positions becoming
5available, provided that if the number of honorable dismissal
6notices based on economic necessity exceeds 15% of the number
7of full-time equivalent positions filled by certified
8employees (excluding principals and administrative personnel)
9during the preceding school year, then the recall period is for
10the following school term or within 2 calendar years from the
11beginning of the following school term. If the board or joint
12agreement has any vacancies within the period from the
13beginning of the following school term through February 1 of
14the following school term (unless a date later than February 1,
15but no later than 6 months from the beginning of the following
16school term, is established in a collective bargaining
17agreement), the positions thereby becoming available must be
18tendered to the teachers so removed or dismissed who were in
19grouping 2 of the sequence of dismissal due to one "needs
20improvement" rating on either of the teacher's last 2
21performance evaluation ratings, provided that, if 2 ratings are
22available, the other performance evaluation rating used for
23grouping purposes is "satisfactory", "proficient", or
24"excellent", and are qualified to hold the positions, based
25upon legal qualifications and any other qualifications
26established in a district or joint agreement job description,

 

 

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1on or before the May 10 prior to the date of the positions
2becoming available. On and after July 1, 2014 (the effective
3date of Public Act 98-648) this amendatory Act of the 98th
4General Assembly, the preceding sentence shall apply to
5teachers removed or dismissed by honorable dismissal, even if
6notice of honorable dismissal occurred during the 2013-2014
7school year. Among teachers eligible for recall pursuant to the
8preceding sentence, the order of recall must be in inverse
9order of dismissal, unless an alternative order of recall is
10established in a collective bargaining agreement or contract
11between the board and a professional faculty members'
12organization. Whenever the number of honorable dismissal
13notices based upon economic necessity exceeds 5 notices or 150%
14of the average number of teachers honorably dismissed in the
15preceding 3 years, whichever is more, then the school board or
16governing board of a joint agreement, as applicable, shall also
17hold a public hearing on the question of the dismissals.
18Following the hearing and board review, the action to approve
19any such reduction shall require a majority vote of the board
20members.
21    For purposes of this subsection (b), subject to agreement
22on an alternative definition reached by the joint committee
23described in subsection (c) of this Section, a teacher's
24performance evaluation rating means the overall performance
25evaluation rating resulting from an annual or biennial
26performance evaluation conducted pursuant to Article 24A of

 

 

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1this Code by the school district or joint agreement determining
2the sequence of dismissal, not including any performance
3evaluation conducted during or at the end of a remediation
4period. No more than one evaluation rating each school term
5shall be one of the evaluation ratings used for the purpose of
6determining the sequence of dismissal. Except as otherwise
7provided in this subsection for any performance evaluations
8conducted during or at the end of a remediation period, if
9multiple performance evaluations are conducted in a school
10term, only the rating from the last evaluation conducted prior
11to establishing the sequence of honorable dismissal list in
12such school term shall be the one evaluation rating from that
13school term used for the purpose of determining the sequence of
14dismissal. Averaging ratings from multiple evaluations is not
15permitted unless otherwise agreed to in a collective bargaining
16agreement or contract between the board and a professional
17faculty members' organization. The preceding 3 sentences are
18not a legislative declaration that existing law does or does
19not already require that only one performance evaluation each
20school term shall be used for the purpose of determining the
21sequence of dismissal. For performance evaluation ratings
22determined prior to September 1, 2012, any school district or
23joint agreement with a performance evaluation rating system
24that does not use either of the rating category systems
25specified in subsection (d) of Section 24A-5 of this Code for
26all teachers must establish a basis for assigning each teacher

 

 

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1a rating that complies with subsection (d) of Section 24A-5 of
2this Code for all of the performance evaluation ratings that
3are to be used to determine the sequence of dismissal. A
4teacher's grouping and ranking on a sequence of honorable
5dismissal shall be deemed a part of the teacher's performance
6evaluation, and that information shall be disclosed to the
7exclusive bargaining representative as part of a sequence of
8honorable dismissal list, notwithstanding any laws prohibiting
9disclosure of such information. A performance evaluation
10rating may be used to determine the sequence of dismissal,
11notwithstanding the pendency of any grievance resolution or
12arbitration procedures relating to the performance evaluation.
13If a teacher has received at least one performance evaluation
14rating conducted by the school district or joint agreement
15determining the sequence of dismissal and a subsequent
16performance evaluation is not conducted in any school year in
17which such evaluation is required to be conducted under Section
1824A-5 of this Code, the teacher's performance evaluation rating
19for that school year for purposes of determining the sequence
20of dismissal is deemed Proficient. If a performance evaluation
21rating is nullified as the result of an arbitration,
22administrative agency, or court determination, then the school
23district or joint agreement is deemed to have conducted a
24performance evaluation for that school year, but the
25performance evaluation rating may not be used in determining
26the sequence of dismissal.

 

 

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1    Nothing in this subsection (b) shall be construed as
2limiting the right of a school board or governing board of a
3joint agreement to dismiss a teacher not in contractual
4continued service in accordance with Section 24-11 of this
5Code.
6    Any provisions regarding the sequence of honorable
7dismissals and recall of honorably dismissed teachers in a
8collective bargaining agreement entered into on or before
9January 1, 2011 and in effect on June 13, 2011 (the effective
10date of Public Act 97-8) this amendatory Act of the 97th
11General Assembly that may conflict with Public Act 97-8 this
12amendatory Act of the 97th General Assembly shall remain in
13effect through the expiration of such agreement or June 30,
142013, whichever is earlier.
15    (c) Each school district and special education joint
16agreement must use a joint committee composed of equal
17representation selected by the school board and its teachers
18or, if applicable, the exclusive bargaining representative of
19its teachers, to address the matters described in paragraphs
20(1) through (5) of this subsection (c) pertaining to honorable
21dismissals under subsection (b) of this Section.
22        (1) The joint committee must consider and may agree to
23    criteria for excluding from grouping 2 and placing into
24    grouping 3 a teacher whose last 2 performance evaluations
25    include a Needs Improvement and either a Proficient or
26    Excellent.

 

 

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1        (2) The joint committee must consider and may agree to
2    an alternative definition for grouping 4, which definition
3    must take into account prior performance evaluation
4    ratings and may take into account other factors that relate
5    to the school district's or program's educational
6    objectives. An alternative definition for grouping 4 may
7    not permit the inclusion of a teacher in the grouping with
8    a Needs Improvement or Unsatisfactory performance
9    evaluation rating on either of the teacher's last 2
10    performance evaluation ratings.
11        (3) The joint committee may agree to including within
12    the definition of a performance evaluation rating a
13    performance evaluation rating administered by a school
14    district or joint agreement other than the school district
15    or joint agreement determining the sequence of dismissal.
16        (4) For each school district or joint agreement that
17    administers performance evaluation ratings that are
18    inconsistent with either of the rating category systems
19    specified in subsection (d) of Section 24A-5 of this Code,
20    the school district or joint agreement must consult with
21    the joint committee on the basis for assigning a rating
22    that complies with subsection (d) of Section 24A-5 of this
23    Code to each performance evaluation rating that will be
24    used in a sequence of dismissal.
25        (5) Upon request by a joint committee member submitted
26    to the employing board by no later than 10 days after the

 

 

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1    distribution of the sequence of honorable dismissal list, a
2    representative of the employing board shall, within 5 days
3    after the request, provide to members of the joint
4    committee a list showing the most recent and prior
5    performance evaluation ratings of each teacher identified
6    only by length of continuing service in the district or
7    joint agreement and not by name. If, after review of this
8    list, a member of the joint committee has a good faith
9    belief that a disproportionate number of teachers with
10    greater length of continuing service with the district or
11    joint agreement have received a recent performance
12    evaluation rating lower than the prior rating, the member
13    may request that the joint committee review the list to
14    assess whether such a trend may exist. Following the joint
15    committee's review, but by no later than the end of the
16    applicable school term, the joint committee or any member
17    or members of the joint committee may submit a report of
18    the review to the employing board and exclusive bargaining
19    representative, if any. Nothing in this paragraph (5) shall
20    impact the order of honorable dismissal or a school
21    district's or joint agreement's authority to carry out a
22    dismissal in accordance with subsection (b) of this
23    Section.
24    Agreement by the joint committee as to a matter requires
25the majority vote of all committee members, and if the joint
26committee does not reach agreement on a matter, then the

 

 

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1otherwise applicable requirements of subsection (b) of this
2Section shall apply. Except as explicitly set forth in this
3subsection (c), a joint committee has no authority to agree to
4any further modifications to the requirements for honorable
5dismissals set forth in subsection (b) of this Section. The
6joint committee must be established, and the first meeting of
7the joint committee each school year must occur on or before
8December 1.
9    The joint committee must reach agreement on a matter on or
10before February 1 of a school year in order for the agreement
11of the joint committee to apply to the sequence of dismissal
12determined during that school year. Subject to the February 1
13deadline for agreements, the agreement of a joint committee on
14a matter shall apply to the sequence of dismissal until the
15agreement is amended or terminated by the joint committee.
16    The provisions of the Open Meetings Act shall not apply to
17meetings of a joint committee created under this subsection
18(c).
19    (d) Notwithstanding anything to the contrary in this
20subsection (d), the requirements and dismissal procedures of
21Section 24-16.5 of this Code shall apply to any dismissal
22sought under Section 24-16.5 of this Code.
23        (1) If a dismissal of a teacher in contractual
24    continued service is sought for any reason or cause other
25    than an honorable dismissal under subsections (a) or (b) of
26    this Section or a dismissal sought under Section 24-16.5 of

 

 

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

 

 

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

 

 

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1    involved in evaluative and non-evaluative dismissals.
2        If notice to the teacher was sent before July 1, 2012
3    or, if the notice was sent on or after July 1, 2012, the
4    teacher has requested a hearing before a mutually selected
5    hearing officer, the board and the teacher or their legal
6    representatives within 3 business days shall alternately
7    strike one name from the list provided by the State Board
8    of Education until only one name remains. Unless waived by
9    the teacher, the teacher shall have the right to proceed
10    first with the striking. Within 3 business days of receipt
11    of the list provided by the State Board of Education, the
12    board and the teacher or their legal representatives shall
13    each have the right to reject all prospective hearing
14    officers named on the list and notify the State Board of
15    Education of such rejection. Within 3 business days after
16    receiving this notification, the State Board of Education
17    shall appoint a qualified person from the master list who
18    did not appear on the list sent to the parties to serve as
19    the hearing officer, unless the parties notify it that they
20    have chosen to alternatively select a hearing officer under
21    paragraph (4) of this subsection (d).
22        If the teacher has requested a hearing before a hearing
23    officer selected by the board, the board shall select one
24    name from the master list of qualified impartial hearing
25    officers maintained by the State Board of Education within
26    3 business days after receipt and shall notify the State

 

 

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

 

 

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1    procedure within 3 business days of receipt of a list of
2    prospective hearing officers provided by the State Board of
3    Education, notice of appointment of a hearing officer by
4    the State Board of Education, or receipt of notice from the
5    State Board of Education that it cannot provide a list that
6    meets the foregoing requirements, whichever is later.
7        (5) If the notice of dismissal was sent to the teacher
8    before July 1, 2012, the fees and costs for the hearing
9    officer must be paid by the State Board of Education. If
10    the notice of dismissal was sent to the teacher on or after
11    July 1, 2012, the hearing officer's fees and costs must be
12    paid as follows in this paragraph (5). The fees and
13    permissible costs for the hearing officer must be
14    determined by the State Board of Education. If the board
15    and the teacher or their legal representatives mutually
16    agree to select an impartial hearing officer who is not on
17    a list received from the State Board of Education, they may
18    agree to supplement the fees determined by the State Board
19    to the hearing officer, at a rate consistent with the
20    hearing officer's published professional fees. If the
21    hearing officer is mutually selected by the parties, then
22    the board and the teacher or their legal representatives
23    shall each pay 50% of the fees and costs and any
24    supplemental allowance to which they agree. If the hearing
25    officer is selected by the board, then the board shall pay
26    100% of the hearing officer's fees and costs. The fees and

 

 

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

 

 

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1    party's case (the hearing officer may exclude witnesses and
2    exhibits not identified and shared, except those offered in
3    rebuttal for which the party could not reasonably have
4    anticipated prior to the hearing); pre-hearing discovery
5    and preparation, including provision for written
6    interrogatories and requests for production of documents,
7    provided that discovery depositions are prohibited; the
8    conduct of the hearing; the right of each party to be
9    represented by counsel, the offer of evidence and witnesses
10    and the cross-examination of witnesses; the authority of
11    the hearing officer to issue subpoenas and subpoenas duces
12    tecum, provided that the hearing officer may limit the
13    number of witnesses to be subpoenaed on behalf of each
14    party to no more than 7; the length of post-hearing briefs;
15    and the form, length, and content of hearing officers'
16    decisions. The hearing officer shall hold a hearing and
17    render a final decision for dismissal pursuant to Article
18    24A of this Code or shall report to the school board
19    findings of fact and a recommendation as to whether or not
20    the teacher must be dismissed for conduct. The hearing
21    officer shall commence the hearing within 75 days and
22    conclude the hearing within 120 days after being selected
23    as the hearing officer, provided that the hearing officer
24    may modify these timelines upon the showing of good cause
25    or mutual agreement of the parties. Good cause for the
26    purpose of this subsection (d) shall mean the illness or

 

 

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

 

 

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1    transcript of the hearing shall pay for the cost thereof.
2    Any post-hearing briefs must be submitted by the parties by
3    no later than 21 days after a party's receipt of the
4    transcript of the hearing, unless extended by the hearing
5    officer for good cause or by mutual agreement of the
6    parties.
7        (6.5) In the case of charges involving sexual abuse or
8    severe physical abuse of a student or a person under the
9    age of 18, the hearing officer shall make alternative
10    hearing procedures to protect a witness who is a student or
11    who is under the age of 18 from being intimidated or
12    traumatized. Alternative hearing procedures may include,
13    but are not limited to: (i) testimony made via a
14    telecommunication device in a location other than the
15    hearing room and outside the physical presence of the
16    teacher and other hearing participants, (ii) testimony
17    outside the physical presence of the teacher, or (iii)
18    non-public testimony. During a testimony described under
19    this subsection, each party must be permitted to ask a
20    witness who is a student or who is under 18 years of age
21    all relevant questions and follow-up questions. All
22    questions must exclude evidence of the witness' sexual
23    behavior or predisposition, unless the evidence is offered
24    to prove that someone other than the teacher subject to the
25    dismissal hearing engaged in the charge at issue.
26        (7) The hearing officer shall, within 30 days from the

 

 

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1    conclusion of the hearing or closure of the record,
2    whichever is later, make a decision as to whether or not
3    the teacher shall be dismissed pursuant to Article 24A of
4    this Code or report to the school board findings of fact
5    and a recommendation as to whether or not the teacher shall
6    be dismissed for cause and shall give a copy of the
7    decision or findings of fact and recommendation to both the
8    teacher and the school board. If a hearing officer fails
9    without good cause, specifically provided in writing to
10    both parties and the State Board of Education, to render a
11    decision or findings of fact and recommendation within 30
12    days after the hearing is concluded or the record is
13    closed, whichever is later, the parties may mutually agree
14    to select a hearing officer pursuant to the alternative
15    procedure, as provided in this Section, to rehear the
16    charges heard by the hearing officer who failed to render a
17    decision or findings of fact and recommendation or to
18    review the record and render a decision. If any hearing
19    officer fails without good cause, specifically provided in
20    writing to both parties and the State Board of Education,
21    to render a decision or findings of fact and recommendation
22    within 30 days after the hearing is concluded or the record
23    is closed, whichever is later, the hearing officer shall be
24    removed from the master list of hearing officers maintained
25    by the State Board of Education for not more than 24
26    months. The parties and the State Board of Education may

 

 

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1    also take such other actions as it deems appropriate,
2    including recovering, reducing, or withholding any fees
3    paid or to be paid to the hearing officer. If any hearing
4    officer repeats such failure, he or she must be permanently
5    removed from the master list maintained by the State Board
6    of Education and may not be selected by parties through the
7    alternative selection process under this paragraph (7) or
8    paragraph (4) of this subsection (d). The board shall not
9    lose jurisdiction to discharge a teacher if the hearing
10    officer fails to render a decision or findings of fact and
11    recommendation within the time specified in this Section.
12    If the decision of the hearing officer for dismissal
13    pursuant to Article 24A of this Code or of the school board
14    for dismissal for cause is in favor of the teacher, then
15    the hearing officer or school board shall order
16    reinstatement to the same or substantially equivalent
17    position and shall determine the amount for which the
18    school board is liable, including, but not limited to, loss
19    of income and benefits.
20        (8) The school board, within 45 days after receipt of
21    the hearing officer's findings of fact and recommendation
22    as to whether (i) the conduct at issue occurred, (ii) the
23    conduct that did occur was remediable, and (iii) the
24    proposed dismissal should be sustained, shall issue a
25    written order as to whether the teacher must be retained or
26    dismissed for cause from its employ. The school board's

 

 

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1    written order shall incorporate the hearing officer's
2    findings of fact, except that the school board may modify
3    or supplement the findings of fact if, in its opinion, the
4    findings of fact are against the manifest weight of the
5    evidence.
6        If the school board dismisses the teacher
7    notwithstanding the hearing officer's findings of fact and
8    recommendation, the school board shall make a conclusion in
9    its written order, giving its reasons therefor, and such
10    conclusion and reasons must be included in its written
11    order. The failure of the school board to strictly adhere
12    to the timelines contained in this Section shall not render
13    it without jurisdiction to dismiss the teacher. The school
14    board shall not lose jurisdiction to discharge the teacher
15    for cause if the hearing officer fails to render a
16    recommendation within the time specified in this Section.
17    The decision of the school board is final, unless reviewed
18    as provided in paragraph (9) of this subsection (d).
19        If the school board retains the teacher, the school
20    board shall enter a written order stating the amount of
21    back pay and lost benefits, less mitigation, to be paid to
22    the teacher, within 45 days after its retention order.
23    Should the teacher object to the amount of the back pay and
24    lost benefits or amount mitigated, the teacher shall give
25    written objections to the amount within 21 days. If the
26    parties fail to reach resolution within 7 days, the dispute

 

 

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

 

 

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1    mitigation. The teacher may challenge the school board's
2    order setting the amount of back pay, lost benefits, and
3    costs, less mitigation, through an expedited arbitration
4    procedure, with the costs of the arbitrator borne by the
5    school board.
6        Any teacher who is reinstated by any hearing or
7    adjudication brought under this Section shall be assigned
8    by the board to a position substantially similar to the one
9    which that teacher held prior to that teacher's suspension
10    or dismissal.
11        (11) Subject to any later effective date referenced in
12    this Section for a specific aspect of the dismissal
13    process, the changes made by Public Act 97-8 shall apply to
14    dismissals instituted on or after September 1, 2011. Any
15    dismissal instituted prior to September 1, 2011 must be
16    carried out in accordance with the requirements of this
17    Section prior to amendment by Public Act 97-8.
18    (e) Nothing contained in Public Act 98-648 this amendatory
19Act of the 98th General Assembly repeals, supersedes,
20invalidates, or nullifies final decisions in lawsuits pending
21on July 1, 2014 (the effective date of Public Act 98-648) this
22amendatory Act of the 98th General Assembly in Illinois courts
23involving the interpretation of Public Act 97-8.
24(Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19;
25revised 9-28-18.)
 

 

 

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1    (105 ILCS 5/24-14)  (from Ch. 122, par. 24-14)
2    Sec. 24-14. Termination of contractual continued service
3by teacher. A teacher who has entered into contractual
4continued service may resign at any time by obtaining
5concurrence of the board or by serving at least 30 days'
6written notice upon the secretary of the board. However, no
7teacher may resign during the school term, without the
8concurrence of the board, in order to accept another teaching
9assignment. Any teacher terminating said service not in
10accordance with this Section may be referred by the board to
11the State Superintendent of Education is guilty of
12unprofessional conduct and liable to suspension of licensure
13for a period not to exceed 1 year, as provided in Section
1421B-75 of this Code. The State Superintendent or his or her
15designee shall convene an informal evidentiary hearing no later
16than 90 days after receipt of a resolution by the board. If the
17State Superintendent or his or her designee finds that the
18teacher resigned during the school term without the concurrence
19of the board to accept another teaching assignment, the State
20Superintendent must suspend the teacher's license for one
21calendar year. In lieu of a hearing and finding, the teacher
22may agree to a lesser licensure sanction at the discretion of
23the State Superintendent.
24(Source: P.A. 97-607, eff. 8-26-11.)
 
25    (105 ILCS 5/27A-5)

 

 

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1    Sec. 27A-5. Charter school; legal entity; requirements.
2    (a) A charter school shall be a public, nonsectarian,
3nonreligious, non-home based, and non-profit school. A charter
4school shall be organized and operated as a nonprofit
5corporation or other discrete, legal, nonprofit entity
6authorized under the laws of the State of Illinois.
7    (b) A charter school may be established under this Article
8by creating a new school or by converting an existing public
9school or attendance center to charter school status. Beginning
10on April 16, 2003 (the effective date of Public Act 93-3), in
11all new applications to establish a charter school in a city
12having a population exceeding 500,000, operation of the charter
13school shall be limited to one campus. The changes made to this
14Section by Public Act 93-3 do not apply to charter schools
15existing or approved on or before April 16, 2003 (the effective
16date of Public Act 93-3).
17    (b-5) In this subsection (b-5), "virtual-schooling" means
18a cyber school where students engage in online curriculum and
19instruction via the Internet and electronic communication with
20their teachers at remote locations and with students
21participating at different times.
22    From April 1, 2013 through December 31, 2016, there is a
23moratorium on the establishment of charter schools with
24virtual-schooling components in school districts other than a
25school district organized under Article 34 of this Code. This
26moratorium does not apply to a charter school with

 

 

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1virtual-schooling components existing or approved prior to
2April 1, 2013 or to the renewal of the charter of a charter
3school with virtual-schooling components already approved
4prior to April 1, 2013.
5    On or before March 1, 2014, the Commission shall submit to
6the General Assembly a report on the effect of
7virtual-schooling, including without limitation the effect on
8student performance, the costs associated with
9virtual-schooling, and issues with oversight. The report shall
10include policy recommendations for virtual-schooling.
11    (c) A charter school shall be administered and governed by
12its board of directors or other governing body in the manner
13provided in its charter. The governing body of a charter school
14shall be subject to the Freedom of Information Act and the Open
15Meetings Act.
16    (d) For purposes of this subsection (d), "non-curricular
17health and safety requirement" means any health and safety
18requirement created by statute or rule to provide, maintain,
19preserve, or safeguard safe or healthful conditions for
20students and school personnel or to eliminate, reduce, or
21prevent threats to the health and safety of students and school
22personnel. "Non-curricular health and safety requirement" does
23not include any course of study or specialized instructional
24requirement for which the State Board has established goals and
25learning standards or which is designed primarily to impart
26knowledge and skills for students to master and apply as an

 

 

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1outcome of their education.
2    A charter school shall comply with all non-curricular
3health and safety requirements applicable to public schools
4under the laws of the State of Illinois. On or before September
51, 2015, the State Board shall promulgate and post on its
6Internet website a list of non-curricular health and safety
7requirements that a charter school must meet. The list shall be
8updated annually no later than September 1. Any charter
9contract between a charter school and its authorizer must
10contain a provision that requires the charter school to follow
11the list of all non-curricular health and safety requirements
12promulgated by the State Board and any non-curricular health
13and safety requirements added by the State Board to such list
14during the term of the charter. Nothing in this subsection (d)
15precludes an authorizer from including non-curricular health
16and safety requirements in a charter school contract that are
17not contained in the list promulgated by the State Board,
18including non-curricular health and safety requirements of the
19authorizing local school board.
20    (e) Except as otherwise provided in the School Code, a
21charter school shall not charge tuition; provided that a
22charter school may charge reasonable fees for textbooks,
23instructional materials, and student activities.
24    (f) A charter school shall be responsible for the
25management and operation of its fiscal affairs including, but
26not limited to, the preparation of its budget. An audit of each

 

 

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1charter school's finances shall be conducted annually by an
2outside, independent contractor retained by the charter
3school. To ensure financial accountability for the use of
4public funds, on or before December 1 of every year of
5operation, each charter school shall submit to its authorizer
6and the State Board a copy of its audit and a copy of the Form
7990 the charter school filed that year with the federal
8Internal Revenue Service. In addition, if deemed necessary for
9proper financial oversight of the charter school, an authorizer
10may require quarterly financial statements from each charter
11school.
12    (g) A charter school shall comply with all provisions of
13this Article, the Illinois Educational Labor Relations Act, all
14federal and State laws and rules applicable to public schools
15that pertain to special education and the instruction of
16English learners, and its charter. A charter school is exempt
17from all other State laws and regulations in this Code
18governing public schools and local school board policies;
19however, a charter school is not exempt from the following:
20        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
21    criminal history records checks and checks of the Statewide
22    Sex Offender Database and Statewide Murderer and Violent
23    Offender Against Youth Database of applicants for
24    employment;
25        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
26    34-84a of this Code regarding discipline of students;

 

 

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1        (3) the Local Governmental and Governmental Employees
2    Tort Immunity Act;
3        (4) Section 108.75 of the General Not For Profit
4    Corporation Act of 1986 regarding indemnification of
5    officers, directors, employees, and agents;
6        (5) the Abused and Neglected Child Reporting Act;
7        (5.5) subsection (b) of Section 10-23.12 and
8    subsection (b) of Section 34-18.6 of this Code;
9        (6) the Illinois School Student Records Act;
10        (7) Section 10-17a of this Code regarding school report
11    cards;
12        (8) the P-20 Longitudinal Education Data System Act;
13        (9) Section 27-23.7 of this Code regarding bullying
14    prevention;
15        (10) Section 2-3.162 of this Code regarding student
16    discipline reporting;
17        (11) Sections 22-80 and 27-8.1 of this Code;
18        (12) Sections 10-20.60 and 34-18.53 of this Code;
19        (13) Sections 10-20.63 and 34-18.56 of this Code; and
20        (14) Section 26-18 of this Code; and
21        (15) Section 22-30 of this Code; and .
22        (16) Sections 24-12 and 34-85 of this Code.
23    The change made by Public Act 96-104 to this subsection (g)
24is declaratory of existing law.
25    (h) A charter school may negotiate and contract with a
26school district, the governing body of a State college or

 

 

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1university or public community college, or any other public or
2for-profit or nonprofit private entity for: (i) the use of a
3school building and grounds or any other real property or
4facilities that the charter school desires to use or convert
5for use as a charter school site, (ii) the operation and
6maintenance thereof, and (iii) the provision of any service,
7activity, or undertaking that the charter school is required to
8perform in order to carry out the terms of its charter.
9However, a charter school that is established on or after April
1016, 2003 (the effective date of Public Act 93-3) and that
11operates in a city having a population exceeding 500,000 may
12not contract with a for-profit entity to manage or operate the
13school during the period that commences on April 16, 2003 (the
14effective date of Public Act 93-3) and concludes at the end of
15the 2004-2005 school year. Except as provided in subsection (i)
16of this Section, a school district may charge a charter school
17reasonable rent for the use of the district's buildings,
18grounds, and facilities. Any services for which a charter
19school contracts with a school district shall be provided by
20the district at cost. Any services for which a charter school
21contracts with a local school board or with the governing body
22of a State college or university or public community college
23shall be provided by the public entity at cost.
24    (i) In no event shall a charter school that is established
25by converting an existing school or attendance center to
26charter school status be required to pay rent for space that is

 

 

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1deemed available, as negotiated and provided in the charter
2agreement, in school district facilities. However, all other
3costs for the operation and maintenance of school district
4facilities that are used by the charter school shall be subject
5to negotiation between the charter school and the local school
6board and shall be set forth in the charter.
7    (j) A charter school may limit student enrollment by age or
8grade level.
9    (k) If the charter school is approved by the Commission,
10then the Commission charter school is its own local education
11agency.
12(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
13eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1499-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
15100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
161-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
17eff. 8-14-18; revised 10-5-18.)
 
18    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
19    Sec. 34-18.5. Criminal history records checks and checks of
20the Statewide Sex Offender Database and Statewide Murderer and
21Violent Offender Against Youth Database.
22    (a) Licensed and nonlicensed Certified and noncertified
23applicants for employment with the school district are required
24as a condition of employment to authorize a fingerprint-based
25criminal history records check to determine if such applicants

 

 

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1have been convicted of any disqualifying, of the enumerated
2criminal or drug offenses in subsection (c) of this Section or
3have been convicted, within 7 years of the application for
4employment with the school district, of any other felony under
5the laws of this State or of any offense committed or attempted
6in any other state or against the laws of the United States
7that, if committed or attempted in this State, would have been
8punishable as a felony under the laws of this State.
9Authorization for the check shall be furnished by the applicant
10to the school district, except that if the applicant is a
11substitute teacher seeking employment in more than one school
12district, or a teacher seeking concurrent part-time employment
13positions with more than one school district (as a reading
14specialist, special education teacher or otherwise), or an
15educational support personnel employee seeking employment
16positions with more than one district, any such district may
17require the applicant to furnish authorization for the check to
18the regional superintendent of the educational service region
19in which are located the school districts in which the
20applicant is seeking employment as a substitute or concurrent
21part-time teacher or concurrent educational support personnel
22employee. Upon receipt of this authorization, the school
23district or the appropriate regional superintendent, as the
24case may be, shall submit the applicant's name, sex, race, date
25of birth, social security number, fingerprint images, and other
26identifiers, as prescribed by the Department of State Police,

 

 

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1to the Department. The regional superintendent submitting the
2requisite information to the Department of State Police shall
3promptly notify the school districts in which the applicant is
4seeking employment as a substitute or concurrent part-time
5teacher or concurrent educational support personnel employee
6that the check of the applicant has been requested. The
7Department of State Police and the Federal Bureau of
8Investigation shall furnish, pursuant to a fingerprint-based
9criminal history records check, records of convictions,
10forever and hereinafter, until expunged, to the president of
11the school board for the school district that requested the
12check, or to the regional superintendent who requested the
13check. The Department shall charge the school district or the
14appropriate regional superintendent a fee for conducting such
15check, which fee shall be deposited in the State Police
16Services Fund and shall not exceed the cost of the inquiry; and
17the applicant shall not be charged a fee for such check by the
18school district or by the regional superintendent. Subject to
19appropriations for these purposes, the State Superintendent of
20Education shall reimburse the school district and regional
21superintendent for fees paid to obtain criminal history records
22checks under this Section.
23    (a-5) The school district or regional superintendent shall
24further perform a check of the Statewide Sex Offender Database,
25as authorized by the Sex Offender Community Notification Law,
26for each applicant. The check of the Statewide Sex Offender

 

 

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1Database must be conducted by the school district or regional
2superintendent once for every 5 years that an applicant remains
3employed by the school district.
4    (a-6) The school district or regional superintendent shall
5further perform a check of the Statewide Murderer and Violent
6Offender Against Youth Database, as authorized by the Murderer
7and Violent Offender Against Youth Community Notification Law,
8for each applicant. The check of the Murderer and Violent
9Offender Against Youth Database must be conducted by the school
10district or regional superintendent once for every 5 years that
11an applicant remains employed by the school district.
12    (b) Any information concerning the record of convictions
13obtained by the president of the board of education or the
14regional superintendent shall be confidential and may only be
15transmitted to the general superintendent of the school
16district or his designee, the appropriate regional
17superintendent if the check was requested by the board of
18education for the school district, the presidents of the
19appropriate board of education or school boards if the check
20was requested from the Department of State Police by the
21regional superintendent, the State Superintendent of
22Education, the State Educator Preparation and Licensure State
23Teacher Certification Board or any other person necessary to
24the decision of hiring the applicant for employment. A copy of
25the record of convictions obtained from the Department of State
26Police shall be provided to the applicant for employment. Upon

 

 

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1the check of the Statewide Sex Offender Database, the school
2district or regional superintendent shall notify an applicant
3as to whether or not the applicant has been identified in the
4Database as a sex offender. If a check of an applicant for
5employment as a substitute or concurrent part-time teacher or
6concurrent educational support personnel employee in more than
7one school district was requested by the regional
8superintendent, and the Department of State Police upon a check
9ascertains that the applicant has not been convicted of any of
10the enumerated criminal or drug offenses in subsection (c) of
11this Section or has not been convicted, within 7 years of the
12application for employment with the school district, of any
13other felony under the laws of this State or of any offense
14committed or attempted in any other state or against the laws
15of the United States that, if committed or attempted in this
16State, would have been punishable as a felony under the laws of
17this State and so notifies the regional superintendent and if
18the regional superintendent upon a check ascertains that the
19applicant has not been identified in the Sex Offender Database
20as a sex offender, then the regional superintendent shall issue
21to the applicant a certificate evidencing that as of the date
22specified by the Department of State Police the applicant has
23not been convicted of any of the enumerated criminal or drug
24offenses in subsection (c) of this Section or has not been
25convicted, within 7 years of the application for employment
26with the school district, of any other felony under the laws of

 

 

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1this State or of any offense committed or attempted in any
2other state or against the laws of the United States that, if
3committed or attempted in this State, would have been
4punishable as a felony under the laws of this State and
5evidencing that as of the date that the regional superintendent
6conducted a check of the Statewide Sex Offender Database, the
7applicant has not been identified in the Database as a sex
8offender. The school board of any school district may rely on
9the certificate issued by any regional superintendent to that
10substitute teacher, concurrent part-time teacher, or
11concurrent educational support personnel employee or may
12initiate its own criminal history records check of the
13applicant through the Department of State Police and its own
14check of the Statewide Sex Offender Database as provided in
15subsection (a). Any unauthorized release of confidential
16information may be a violation of Section 7 of the Criminal
17Identification Act.
18    (c) The board of education shall not knowingly employ a
19person who has been convicted of any offense that would subject
20him or her to license suspension or revocation pursuant to
21Section 21B-80 of this Code, except as provided under
22subsection (b) of 21B-80. Further, the board of education shall
23not knowingly employ a person who has been found to be the
24perpetrator of sexual or physical abuse of any minor under 18
25years of age pursuant to proceedings under Article II of the
26Juvenile Court Act of 1987. As a condition of employment, the

 

 

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1board of education must consider the status of a person who has
2been issued an indicated finding of abuse or neglect of a child
3by the Department of Children and Family Services under the
4Abused and Neglected Child Reporting Act or by a child welfare
5agency of another jurisdiction.
6    (d) The board of education shall not knowingly employ a
7person for whom a criminal history records check and a
8Statewide Sex Offender Database check has not been initiated.
9    (e) No later than 15 business days after receipt of a
10record of conviction or of checking the Statewide Murderer and
11Violent Offender Against Youth Database or the Statewide Sex
12Offender Database and finding a registration, the general
13superintendent of schools or the applicable regional
14superintendent shall, in writing, notify the State
15Superintendent of Education of any license holder who has been
16convicted of a crime set forth in Section 21B-80 of this Code.
17Upon receipt of the record of a conviction of or a finding of
18child abuse by a holder of any license certificate issued
19pursuant to Article 21B 21 or Section 34-8.1 or 34-83 of the
20School Code, the State Superintendent of Education may initiate
21licensure certificate suspension and revocation proceedings as
22authorized by law. If the receipt of the record of conviction
23or finding of child abuse is received within 6 months after the
24initial grant of or renewal of a license, the State
25Superintendent of Education may rescind the license holder's
26license.

 

 

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1    (e-5) The general superintendent of schools shall, in
2writing, notify the State Superintendent of Education of any
3license certificate holder whom he or she has reasonable cause
4to believe has committed an intentional act of abuse or neglect
5with the result of making a child an abused child or a
6neglected child, as defined in Section 3 of the Abused and
7Neglected Child Reporting Act, and that act resulted in the
8license certificate holder's dismissal or resignation from the
9school district. This notification must be submitted within 30
10days after the dismissal or resignation. The license
11certificate holder must also be contemporaneously sent a copy
12of the notice by the superintendent. All correspondence,
13documentation, and other information so received by the State
14Superintendent of Education, the State Board of Education, or
15the State Educator Preparation and Licensure State Teacher
16Certification Board under this subsection (e-5) is
17confidential and must not be disclosed to third parties, except
18(i) as necessary for the State Superintendent of Education or
19his or her designee to investigate and prosecute pursuant to
20Article 21B 21 of this Code, (ii) pursuant to a court order,
21(iii) for disclosure to the license certificate holder or his
22or her representative, or (iv) as otherwise provided in this
23Article and provided that any such information admitted into
24evidence in a hearing is exempt from this confidentiality and
25non-disclosure requirement. Except for an act of willful or
26wanton misconduct, any superintendent who provides

 

 

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1notification as required in this subsection (e-5) shall have
2immunity from any liability, whether civil or criminal or that
3otherwise might result by reason of such action.
4    (f) After March 19, 1990, the provisions of this Section
5shall apply to all employees of persons or firms holding
6contracts with any school district including, but not limited
7to, food service workers, school bus drivers and other
8transportation employees, who have direct, daily contact with
9the pupils of any school in such district. For purposes of
10criminal history records checks and checks of the Statewide Sex
11Offender Database on employees of persons or firms holding
12contracts with more than one school district and assigned to
13more than one school district, the regional superintendent of
14the educational service region in which the contracting school
15districts are located may, at the request of any such school
16district, be responsible for receiving the authorization for a
17criminal history records check prepared by each such employee
18and submitting the same to the Department of State Police and
19for conducting a check of the Statewide Sex Offender Database
20for each employee. Any information concerning the record of
21conviction and identification as a sex offender of any such
22employee obtained by the regional superintendent shall be
23promptly reported to the president of the appropriate school
24board or school boards.
25    (f-5) Upon request of a school or school district, any
26information obtained by the school district pursuant to

 

 

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1subsection (f) of this Section within the last year must be
2made available to the requesting school or school district.
3    (g) Prior to the commencement of any student teaching
4experience or required internship (which is referred to as
5student teaching in this Section) in the public schools, a
6student teacher is required to authorize a fingerprint-based
7criminal history records check. Authorization for and payment
8of the costs of the check must be furnished by the student
9teacher to the school district. Upon receipt of this
10authorization and payment, the school district shall submit the
11student teacher's name, sex, race, date of birth, social
12security number, fingerprint images, and other identifiers, as
13prescribed by the Department of State Police, to the Department
14of State Police. The Department of State Police and the Federal
15Bureau of Investigation shall furnish, pursuant to a
16fingerprint-based criminal history records check, records of
17convictions, forever and hereinafter, until expunged, to the
18president of the board. The Department shall charge the school
19district a fee for conducting the check, which fee must not
20exceed the cost of the inquiry and must be deposited into the
21State Police Services Fund. The school district shall further
22perform a check of the Statewide Sex Offender Database, as
23authorized by the Sex Offender Community Notification Law, and
24of the Statewide Murderer and Violent Offender Against Youth
25Database, as authorized by the Murderer and Violent Offender
26Against Youth Registration Act, for each student teacher. The

 

 

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1board may not knowingly allow a person to student teach for
2whom a criminal history records check, a Statewide Sex Offender
3Database check, and a Statewide Murderer and Violent Offender
4Against Youth Database check have not been completed and
5reviewed by the district.
6    A copy of the record of convictions obtained from the
7Department of State Police must be provided to the student
8teacher. Any information concerning the record of convictions
9obtained by the president of the board is confidential and may
10only be transmitted to the general superintendent of schools or
11his or her designee, the State Superintendent of Education, the
12State Educator Preparation and Licensure Board, or, for
13clarification purposes, the Department of State Police or the
14Statewide Sex Offender Database or Statewide Murderer and
15Violent Offender Against Youth Database. Any unauthorized
16release of confidential information may be a violation of
17Section 7 of the Criminal Identification Act.
18    The board may not knowingly allow a person to student teach
19who has been convicted of any offense that would subject him or
20her to license suspension or revocation pursuant to subsection
21(c) of Section 21B-80 of this Code, except as provided under
22subsection (b) of Section 21B-80. Further, the board may not
23allow a person to student teach if he or she or who has been
24found to be the perpetrator of sexual or physical abuse of a
25minor under 18 years of age pursuant to proceedings under
26Article II of the Juvenile Court Act of 1987. The board must

 

 

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1consider the status of a person to student teach who has been
2issued an indicated finding of abuse or neglect of a child by
3the Department of Children and Family Services under the Abused
4and Neglected Child Reporting Act or by a child welfare agency
5of another jurisdiction.
6    (h) (Blank).
7(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
8    (105 ILCS 5/34-18.6)  (from Ch. 122, par. 34-18.6)
9    Sec. 34-18.6. Child abuse and neglect; detection,
10reporting, and prevention; willful or negligent failure to
11report.
12    (a) The Board of Education may provide staff development
13for local school site personnel who work with pupils in grades
14kindergarten through 8 in the detection, reporting, and
15prevention of child abuse and neglect.
16    (b) The Department of Children and Family Services may, in
17cooperation with school officials, distribute appropriate
18materials in school buildings listing the toll-free telephone
19number established in Section 7.6 of the Abused and Neglected
20Child Reporting Act, including methods of making a report under
21Section 7 of the Abused and Neglected Child Reporting Act, to
22be displayed in a clearly visible location in each school
23building.
24    (c) Except for an employee licensed under Article 21B of
25this Code, if the board determines that any school district

 

 

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1employee has willfully or negligently failed to report an
2instance of suspected child abuse or neglect, as required by
3the Abused and Neglected Child Reporting Act, then the board
4may dismiss that employee immediately upon that determination.
5For purposes of this subsection (c), negligent failure to
6report an instance of suspected child abuse or neglect occurs
7when a school district employee personally observes an instance
8of suspected child abuse or neglect and reasonably believes, in
9his or her professional or official capacity, that the instance
10constitutes an act of child abuse or neglect under the Abused
11and Neglected Child Reporting Act, and he or she, without
12willful intent, fails to immediately report or cause a report
13to be made of the suspected abuse or neglect to the Department
14of Children and Family Services, as required by the Abused and
15Neglected Child Reporting Act.
16(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
 
17    (105 ILCS 5/34-18.61 new)
18    Sec. 34-18.61. Sexual abuse investigations at schools.
19Every 2 years, the school district must review all existing
20policies and procedures concerning sexual abuse investigations
21at schools to ensure consistency with Section 22-85.
 
22    (105 ILCS 5/34-85)  (from Ch. 122, par. 34-85)
23    Sec. 34-85. Removal for cause; notice and hearing;
24suspension.

 

 

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1    (a) No teacher employed by the board of education shall
2(after serving the probationary period specified in Section
334-84) be removed except for cause. Teachers (who have
4completed the probationary period specified in Section 34-84 of
5this Code) shall be removed for cause in accordance with the
6procedures set forth in this Section or, at the board's option,
7the procedures set forth in Section 24-16.5 of this Code or
8such other procedures established in an agreement entered into
9between the board and the exclusive representative of the
10district's teachers under Section 34-85c of this Code for
11teachers (who have completed the probationary period specified
12in Section 34-84 of this Code) assigned to schools identified
13in that agreement. No principal employed by the board of
14education shall be removed during the term of his or her
15performance contract except for cause, which may include but is
16not limited to the principal's repeated failure to implement
17the school improvement plan or to comply with the provisions of
18the Uniform Performance Contract, including additional
19criteria established by the Council for inclusion in the
20performance contract pursuant to Section 34-2.3.
21    Before service of notice of charges on account of causes
22that may be deemed to be remediable, the teacher or principal
23must be given reasonable warning in writing, stating
24specifically the causes that, if not removed, may result in
25charges; however, no such written warning is required if the
26causes have been the subject of a remediation plan pursuant to

 

 

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1Article 24A of this Code or if the board and the exclusive
2representative of the district's teachers have entered into an
3agreement pursuant to Section 34-85c of this Code, pursuant to
4an alternative system of remediation. No written warning shall
5be required for conduct on the part of a teacher or principal
6that is cruel, immoral, negligent, or criminal or that in any
7way causes psychological or physical harm or injury to a
8student, as that conduct is deemed to be irremediable. No
9written warning shall be required for a material breach of the
10uniform principal performance contract, as that conduct is
11deemed to be irremediable; provided that not less than 30 days
12before the vote of the local school council to seek the
13dismissal of a principal for a material breach of a uniform
14principal performance contract, the local school council shall
15specify the nature of the alleged breach in writing and provide
16a copy of it to the principal.
17        (1) To initiate dismissal proceedings against a
18    teacher or principal, the general superintendent must
19    first approve written charges and specifications against
20    the teacher or principal. A local school council may direct
21    the general superintendent to approve written charges
22    against its principal on behalf of the Council upon the
23    vote of 7 members of the Council. The general
24    superintendent must approve those charges within 45
25    calendar days or provide a written reason for not approving
26    those charges. A written notice of those charges, including

 

 

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1    specifications, shall be served upon the teacher or
2    principal within 10 business days of the approval of the
3    charges. Any written notice sent on or after July 1, 2012
4    shall also inform the teacher or principal of the right to
5    request a hearing before a mutually selected hearing
6    officer, with the cost of the hearing officer split equally
7    between the teacher or principal and the board, or a
8    hearing before a qualified hearing officer chosen by the
9    general superintendent, with the cost of the hearing
10    officer paid by the board. If the teacher or principal
11    cannot be found upon diligent inquiry, such charges may be
12    served upon him by mailing a copy thereof in a sealed
13    envelope by prepaid certified mail, return receipt
14    requested, to the teacher's or principal's last known
15    address. A return receipt showing delivery to such address
16    within 20 calendar days after the date of the approval of
17    the charges shall constitute proof of service.
18        (2) No hearing upon the charges is required unless the
19    teacher or principal within 17 calendar days after
20    receiving notice requests in writing of the general
21    superintendent that a hearing be scheduled. Pending the
22    hearing of the charges, the general superintendent or his
23    or her designee may suspend the teacher or principal
24    charged without pay in accordance with rules prescribed by
25    the board, provided that if the teacher or principal
26    charged is not dismissed based on the charges, he or she

 

 

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1    must be made whole for lost earnings, less setoffs for
2    mitigation.
3        (3) The board shall maintain a list of at least 9
4    qualified hearing officers who will conduct hearings on
5    charges and specifications. The list must be developed in
6    good faith consultation with the exclusive representative
7    of the board's teachers and professional associations that
8    represent the board's principals. The list may be revised
9    on July 1st of each year or earlier as needed. To be a
10    qualified hearing officer, the person must (i) be
11    accredited by a national arbitration organization and have
12    had a minimum of 5 years of experience as an arbitrator in
13    cases involving labor and employment relations matters
14    between employers and employees or their exclusive
15    bargaining representatives and (ii) beginning September 1,
16    2012, have participated in training provided or approved by
17    the State Board of Education for teacher dismissal hearing
18    officers so that he or she is familiar with issues
19    generally involved in evaluative and non-evaluative
20    dismissals.
21        Within 5 business days after receiving the notice of
22    request for a hearing, the general superintendent and the
23    teacher or principal or their legal representatives shall
24    alternately strike one name from the list until only one
25    name remains. Unless waived by the teacher, the teacher or
26    principal shall have the right to proceed first with the

 

 

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1    striking. If the teacher or principal fails to participate
2    in the striking process, the general superintendent shall
3    either select the hearing officer from the list developed
4    pursuant to this paragraph (3) or select another qualified
5    hearing officer from the master list maintained by the
6    State Board of Education pursuant to subsection (c) of
7    Section 24-12 of this Code.
8        (4) If the notice of dismissal was sent to the teacher
9    or principal before July 1, 2012, the fees and costs for
10    the hearing officer shall be paid by the State Board of
11    Education. If the notice of dismissal was sent to the
12    teacher or principal on or after July 1, 2012, the hearing
13    officer's fees and costs must be paid as follows in this
14    paragraph (4). The fees and permissible costs for the
15    hearing officer shall be determined by the State Board of
16    Education. If the hearing officer is mutually selected by
17    the parties through alternate striking in accordance with
18    paragraph (3) of this subsection (a), then the board and
19    the teacher or their legal representative shall each pay
20    50% of the fees and costs and any supplemental allowance to
21    which they agree. If the hearing officer is selected by the
22    general superintendent without the participation of the
23    teacher or principal, then the board shall pay 100% of the
24    hearing officer fees and costs. The hearing officer shall
25    submit for payment a billing statement to the parties that
26    itemizes the charges and expenses and divides them in

 

 

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1    accordance with this Section.
2        (5) The teacher or the principal charged is required to
3    answer the charges and specifications and aver affirmative
4    matters in his or her defense, and the time for doing so
5    must be set by the hearing officer. The State Board of
6    Education shall adopt rules so that each party has a fair
7    opportunity to present its case and to ensure that the
8    dismissal proceeding is concluded in an expeditious
9    manner. The rules shall address, without limitation, the
10    teacher or principal's answer and affirmative defenses to
11    the charges and specifications; a requirement that each
12    party make mandatory disclosures without request to the
13    other party and then update the disclosure no later than 10
14    calendar days prior to the commencement of the hearing,
15    including a list of the names and addresses of persons who
16    may be called as witnesses at the hearing, a summary of the
17    facts or opinions each witness will testify to, and all
18    other documents and materials, including information
19    maintained electronically, relevant to its own as well as
20    the other party's case (the hearing officer may exclude
21    witnesses and exhibits not identified and shared, except
22    those offered in rebuttal for which the party could not
23    reasonably have anticipated prior to the hearing);
24    pre-hearing discovery and preparation, including provision
25    for written interrogatories and requests for production of
26    documents, provided that discovery depositions are

 

 

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1    prohibited; the conduct of the hearing; the right of each
2    party to be represented by counsel, the offer of evidence
3    and witnesses and the cross-examination of witnesses; the
4    authority of the hearing officer to issue subpoenas and
5    subpoenas duces tecum, provided that the hearing officer
6    may limit the number of witnesses to be subpoenaed in
7    behalf of each party to no more than 7; the length of
8    post-hearing briefs; and the form, length, and content of
9    hearing officers' reports and recommendations to the
10    general superintendent.
11        The hearing officer shall commence the hearing within
12    75 calendar days and conclude the hearing within 120
13    calendar days after being selected by the parties as the
14    hearing officer, provided that these timelines may be
15    modified upon the showing of good cause or mutual agreement
16    of the parties. Good cause for the purposes of this
17    paragraph (5) shall mean the illness or otherwise
18    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 in
22    which a witness is a student or is under the age of 18, the
23    hearing officer must make accommodations for the witness,
24    as provided under paragraph (5.5) of this subsection. The ,
25    the hearing officer shall consider and give weight to all
26    of the teacher's evaluations written pursuant to Article

 

 

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1    24A that are relevant to the issues in the hearing. Except
2    as otherwise provided under paragraph (5.5) of this
3    subsection, the The teacher or principal has the privilege
4    of being present at the hearing with counsel and of
5    cross-examining witnesses and may offer evidence and
6    witnesses and present defenses to the charges. Each party
7    shall have no more than 3 days to present its case, unless
8    extended by the hearing officer to enable a party to
9    present adequate evidence and testimony, including due to
10    the other party's cross-examination of the party's
11    witnesses, for good cause or by mutual agreement of the
12    parties. The State Board of Education shall define in rules
13    the meaning of "day" for such purposes. All testimony at
14    the hearing shall be taken under oath administered by the
15    hearing officer. The hearing officer shall cause a record
16    of the proceedings to be kept and shall employ a competent
17    reporter to take stenographic or stenotype notes of all the
18    testimony. The costs of the reporter's attendance and
19    services at the hearing shall be paid by the party or
20    parties who are paying the fees and costs of the hearing
21    officer. Either party desiring a transcript of the hearing
22    shall pay for the cost thereof. At the close of the
23    hearing, the hearing officer shall direct the parties to
24    submit post-hearing briefs no later than 21 calendar days
25    after receipt of the transcript. Either or both parties may
26    waive submission of briefs.

 

 

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1        (5.5) In the case of charges involving sexual abuse or
2    severe physical abuse of a student or a person under the
3    age of 18, the hearing officer shall make alternative
4    hearing procedures to protect a witness who is a student or
5    who is under the age of 18 from being intimidated or
6    traumatized. Alternative hearing procedures may include,
7    but are not limited to: (i) testimony made via a
8    telecommunication device in a location other than the
9    hearing room and outside the physical presence of the
10    teacher or principal and other hearing participants, (ii)
11    testimony outside the physical presence of the teacher or
12    principal, or (iii) non-public testimony. During a
13    testimony described under this subsection, each party must
14    be permitted to ask a witness who is a student or who is
15    under 18 years of age all relevant questions and follow-up
16    questions. All questions must exclude evidence of the
17    witness' sexual behavior or predisposition, unless the
18    evidence is offered to prove that someone other than the
19    teacher subject to the dismissal hearing engaged in the
20    charge at issue.
21        (6) The hearing officer shall within 30 calendar days
22    from the conclusion of the hearing report to the general
23    superintendent findings of fact and a recommendation as to
24    whether or not the teacher or principal shall be dismissed
25    and shall give a copy of the report to both the teacher or
26    principal and the general superintendent. The State Board

 

 

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1    of Education shall provide by rule the form of the hearing
2    officer's report and recommendation.
3        (7) The board, within 45 days of receipt of the hearing
4    officer's findings of fact and recommendation, shall make a
5    decision as to whether the teacher or principal shall be
6    dismissed from its employ. The failure of the board to
7    strictly adhere to the timeliness contained herein shall
8    not render it without jurisdiction to dismiss the teacher
9    or principal. In the event that the board declines to
10    dismiss the teacher or principal after review of a hearing
11    officer's recommendation, the board shall set the amount of
12    back pay and benefits to award the teacher or principal,
13    which shall include offsets for interim earnings and
14    failure to mitigate losses. The board shall establish
15    procedures for the teacher's or principal's submission of
16    evidence to it regarding lost earnings, lost benefits,
17    mitigation, and offsets. The decision of the board is final
18    unless reviewed in accordance with paragraph (8) of this
19    subsection (a).
20        (8) The teacher may seek judicial review of the board's
21    decision in accordance with the Administrative Review Law,
22    which is specifically incorporated in this Section, except
23    that the review must be initiated in the Illinois Appellate
24    Court for the First District. In the event judicial review
25    is instituted, any costs of preparing and filing the record
26    of proceedings shall be paid by the party instituting the

 

 

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1    review. In the event the appellate court reverses a board
2    decision to dismiss a teacher or principal and directs the
3    board to pay the teacher or the principal back pay and
4    benefits, the appellate court shall remand the matter to
5    the board to issue an administrative decision as to the
6    amount of back pay and benefits, which shall include a
7    calculation of the lost earnings, lost benefits,
8    mitigation, and offsets based on evidence submitted to the
9    board in accordance with procedures established by the
10    board.
11    (b) Nothing in this Section affects the validity of removal
12for cause hearings commenced prior to June 13, 2011 (the
13effective date of Public Act 97-8).
14    The changes made by Public Act 97-8 shall apply to
15dismissals instituted on or after September 1, 2011 or the
16effective date of Public Act 97-8, whichever is later. Any
17dismissal instituted prior to the effective date of these
18changes must be carried out in accordance with the requirements
19of this Section prior to amendment by Public Act 97-8.
20(Source: P.A. 99-78, eff. 7-20-15.)
 
21    Section 10. The Personnel Record Review Act is amended by
22changing Sections 8 and 9 as follows:
 
23    (820 ILCS 40/8)  (from Ch. 48, par. 2008)
24    Sec. 8. An employer shall review a personnel record before

 

 

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1releasing information to a third party and, except when the
2release is ordered to a party in a legal action or arbitration,
3delete disciplinary reports, letters of reprimand, or other
4records of disciplinary action which are more than 4 years old.
5This Section does not apply to a school district or an
6authorized employee or agent of a school district who is
7sharing information related to an incident or an attempted
8incident of sexual abuse or severe physical abuse.
9(Source: P.A. 83-1104.)
 
10    (820 ILCS 40/9)  (from Ch. 48, par. 2009)
11    Sec. 9. An employer shall not gather or keep a record of an
12employee's associations, political activities, publications,
13communications or nonemployment activities, unless the
14employee submits the information in writing or authorizes the
15employer in writing to keep or gather the information. This
16prohibition shall not apply to (i) activities or associations
17with individuals or groups involved in the physical, sexual, or
18other exploitation of a minor or (ii) the activities that occur
19on the employer's premises or during the employee's working
20hours with that employer which interfere with the performance
21of the employee's duties or the duties of other employees or
22activities, regardless of when and where occurring, which
23constitute criminal conduct or may reasonably be expected to
24harm the employer's property, operations or business, or could
25by the employee's action cause the employer financial

 

 

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1liability. A record which is kept by the employer as permitted
2under this Section shall be part of the personnel record.
3(Source: P.A. 91-357, eff. 7-29-99.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".