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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
5 | 24-11 as follows:
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6 | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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7 | Sec. 24-11. Boards of Education - Boards of School | |||||||||||||||||||
8 | Inspectors -
Contractual continued service. | |||||||||||||||||||
9 | (a) As used in this and the succeeding
Sections of this | |||||||||||||||||||
10 | Article:
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11 | "Teacher" means any or all school district employees | |||||||||||||||||||
12 | regularly required to be licensed
under laws relating to the | |||||||||||||||||||
13 | licensure of teachers.
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14 | "Board" means board of directors, board of education, or | |||||||||||||||||||
15 | board of school
inspectors, as the case may be.
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16 | "School term" means that portion of the school year, July | |||||||||||||||||||
17 | 1 to the following
June 30, when school is in actual session.
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18 | "Program" means a program of a special education joint | |||||||||||||||||||
19 | agreement. | |||||||||||||||||||
20 | "Program of a special education joint agreement" means | |||||||||||||||||||
21 | instructional, consultative, supervisory, administrative, | |||||||||||||||||||
22 | diagnostic, and related services that are managed by a special | |||||||||||||||||||
23 | educational joint agreement designed to service 2 or more |
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1 | school districts that are members of the joint agreement. | ||||||
2 | "PERA implementation date" means the implementation date | ||||||
3 | of an evaluation system for teachers as specified by Section | ||||||
4 | 24A-2.5 of this Code for all schools within a school district | ||||||
5 | or all programs of a special education joint agreement. | ||||||
6 | (b) This Section and Sections 24-12 through 24-16 of this | ||||||
7 | Article apply only to
school districts having less than | ||||||
8 | 500,000 inhabitants.
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9 | (c) Any teacher who is first employed as a full-time | ||||||
10 | teacher in a school district or program prior to the PERA | ||||||
11 | implementation date and who is employed in that district or | ||||||
12 | program for
a probationary period of 4 consecutive school | ||||||
13 | terms shall enter upon
contractual continued service in the | ||||||
14 | district or in all of the programs that the teacher is legally | ||||||
15 | qualified to hold, unless the teacher is given written notice | ||||||
16 | of dismissal by certified mail, return receipt requested, by
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17 | the employing board at least 45 days before the end of any | ||||||
18 | school term within such
period.
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19 | (d) For any teacher who is first employed as a full-time | ||||||
20 | teacher in a school district or program on or after the PERA | ||||||
21 | implementation date, the probationary period shall be one of | ||||||
22 | the following periods, based upon the teacher's school terms | ||||||
23 | of service and performance, before the teacher shall enter | ||||||
24 | upon contractual continued service in the district or in all | ||||||
25 | of the programs that the teacher is legally qualified to hold, | ||||||
26 | unless the teacher is given written notice of dismissal by |
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1 | certified mail, return receipt requested, by the employing | ||||||
2 | board at least 45 days before the end of any school term within | ||||||
3 | such period: | ||||||
4 | (1) 3 4 consecutive school terms of service in which | ||||||
5 | the teacher receives overall annual evaluation ratings of | ||||||
6 | at least "Proficient" in all 3 the last school terms term | ||||||
7 | and at least "Proficient" in either the second or third | ||||||
8 | school term ; | ||||||
9 | (2) 2 3 consecutive school terms of service in which | ||||||
10 | the teacher receives 2 3 overall annual evaluations of | ||||||
11 | "Excellent"; or | ||||||
12 | (3) 2 consecutive school terms of service in which the | ||||||
13 | teacher receives 2 overall annual evaluations of | ||||||
14 | "Proficient" "Excellent" service, but only if the teacher | ||||||
15 | (i) previously attained contractual continued service in a | ||||||
16 | different school district or program in this State, (ii) | ||||||
17 | voluntarily departed or was honorably dismissed from that | ||||||
18 | school district or program in the school term immediately | ||||||
19 | prior to the teacher's first school term of service | ||||||
20 | applicable to the attainment of contractual continued | ||||||
21 | service under this subdivision (3), and (iii) received, in | ||||||
22 | his or her 2 most recent overall annual or biennial | ||||||
23 | evaluations from the prior school district or program, | ||||||
24 | ratings of at least "Proficient", with both such ratings | ||||||
25 | occurring after the school district's or program's PERA | ||||||
26 | implementation date. For a teacher to attain contractual |
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1 | continued service under this subdivision (3), the teacher | ||||||
2 | shall provide official copies of his or her 2 most recent | ||||||
3 | overall annual or biennial evaluations from the prior | ||||||
4 | school district or program to the new school district or | ||||||
5 | program within 60 days from the teacher's first day of | ||||||
6 | service with the new school district or program. The prior | ||||||
7 | school district or program must provide the teacher with | ||||||
8 | official copies of his or her 2 most recent overall annual | ||||||
9 | or biennial evaluations within 14 days after the teacher's | ||||||
10 | request. If a teacher has requested such official copies | ||||||
11 | prior to 45 days after the teacher's first day of service | ||||||
12 | with the new school district or program and the teacher's | ||||||
13 | prior school district or program fails to provide the | ||||||
14 | teacher with the official copies required under this | ||||||
15 | subdivision (3), then the time period for the teacher to | ||||||
16 | submit the official copies to his or her new school | ||||||
17 | district or program must be extended until 14 days after | ||||||
18 | receipt of such copies from the prior school district or | ||||||
19 | program. If the prior school district or program fails to | ||||||
20 | provide the teacher with the official copies required | ||||||
21 | under this subdivision (3) within 90 days from the | ||||||
22 | teacher's first day of service with the new school | ||||||
23 | district or program, then the new school district or | ||||||
24 | program shall rely upon the teacher's own copies of his or | ||||||
25 | her evaluations for purposes of this subdivision (3). | ||||||
26 | If the teacher does not receive overall annual evaluations |
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1 | of "Excellent" or "Proficient", as appropriate, in the school | ||||||
2 | terms necessary for eligibility to achieve accelerated | ||||||
3 | contractual continued service in subdivisions (2) and (3) of | ||||||
4 | this subsection (d), the teacher shall be eligible for | ||||||
5 | contractual continued service pursuant to subdivision (1) of | ||||||
6 | this subsection (d). If, at the conclusion of 4 consecutive | ||||||
7 | school terms of service that count toward attainment of | ||||||
8 | contractual continued service, the teacher's performance does | ||||||
9 | not qualify the teacher for contractual continued service | ||||||
10 | under subdivision (1) of this subsection (d), then the teacher | ||||||
11 | shall not enter upon contractual continued service and shall | ||||||
12 | be dismissed. If a performance evaluation is not conducted for | ||||||
13 | any school term when such evaluation is required to be | ||||||
14 | conducted under Section 24A-5 of this Code, then the teacher's | ||||||
15 | performance evaluation rating for such school term for | ||||||
16 | purposes of determining the attainment of contractual | ||||||
17 | continued service shall be deemed "Proficient", except that, | ||||||
18 | during any time in which the Governor has declared a disaster | ||||||
19 | due to a public health emergency pursuant to Section 7 of the | ||||||
20 | Illinois Emergency Management Agency Act, this default to | ||||||
21 | "Proficient" does not apply to any teacher who has entered | ||||||
22 | into contractual continued service and who was deemed | ||||||
23 | "Excellent" on his or her most recent evaluation. During any | ||||||
24 | time in which the Governor has declared a disaster due to a | ||||||
25 | public health emergency pursuant to Section 7 of the Illinois | ||||||
26 | Emergency Management Agency Act and unless the school board |
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1 | and any exclusive bargaining representative have completed the | ||||||
2 | performance rating for teachers or mutually agreed to an | ||||||
3 | alternate performance rating, any teacher who has entered into | ||||||
4 | contractual continued service, whose most recent evaluation | ||||||
5 | was deemed "Excellent", and whose performance evaluation is | ||||||
6 | not conducted when the evaluation is required to be conducted | ||||||
7 | shall receive a teacher's performance rating deemed | ||||||
8 | "Excellent". A school board and any exclusive bargaining | ||||||
9 | representative may mutually agree to an alternate performance | ||||||
10 | rating for teachers not in contractual continued service | ||||||
11 | during any time in which the Governor has declared a disaster | ||||||
12 | due to a public health emergency pursuant to Section 7 of the | ||||||
13 | Illinois Emergency Management Agency Act, as long as the | ||||||
14 | agreement is in writing. | ||||||
15 | (e) For the purposes of determining contractual continued | ||||||
16 | service, a school term shall be counted only toward attainment | ||||||
17 | of contractual continued service if the teacher actually | ||||||
18 | teaches or is otherwise present and participating in the | ||||||
19 | district's or program's educational program for 120 days or | ||||||
20 | more, provided that the days of leave under the federal Family | ||||||
21 | Medical Leave Act that the teacher is required to take until | ||||||
22 | the end of the school term shall be considered days of teaching | ||||||
23 | or participation in the district's or program's educational | ||||||
24 | program. A school term that is not counted toward attainment | ||||||
25 | of contractual continued service shall not be considered a | ||||||
26 | break in service for purposes of determining whether a teacher |
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1 | has been employed for 4 consecutive school terms, provided | ||||||
2 | that the teacher actually teaches or is otherwise present and | ||||||
3 | participating in the district's or program's educational | ||||||
4 | program in the following school term. | ||||||
5 | (f) If the employing board determines to dismiss the | ||||||
6 | teacher in the last year of the probationary period as | ||||||
7 | provided in subsection (c) of this Section or subdivision (1) | ||||||
8 | or (2) of subsection (d) of this Section, but not subdivision | ||||||
9 | (3) of subsection (d) of this Section, the written notice of | ||||||
10 | dismissal provided by the employing board must contain | ||||||
11 | specific reasons for dismissal. Any full-time teacher who does | ||||||
12 | not receive written notice from the employing board at least | ||||||
13 | 45 days before the end of any school term as provided in this | ||||||
14 | Section and whose performance does not require dismissal after | ||||||
15 | the fourth probationary year pursuant to subsection (d) of | ||||||
16 | this Section shall be re-employed for the following school | ||||||
17 | term.
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18 | (g) Contractual continued service shall continue in effect | ||||||
19 | the terms and
provisions of the contract with the teacher | ||||||
20 | during the last school term
of the probationary period, | ||||||
21 | subject to this Act and the lawful
regulations of the | ||||||
22 | employing board. This Section and succeeding Sections
do not | ||||||
23 | modify any existing power of the board except with respect to | ||||||
24 | the
procedure of the discharge of a teacher and reductions in | ||||||
25 | salary as
hereinafter provided. Contractual continued service | ||||||
26 | status shall not
restrict the power of the board to transfer a |
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1 | teacher to a position
which the teacher is qualified to fill or | ||||||
2 | to make such salary
adjustments as it deems desirable, but | ||||||
3 | unless reductions in salary are
uniform or based upon some | ||||||
4 | reasonable classification, any teacher whose
salary is reduced | ||||||
5 | shall be entitled to a notice and a hearing as
hereinafter | ||||||
6 | provided in the case of certain dismissals or removals.
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7 | (h) If, by reason of any change in the boundaries of school | ||||||
8 | districts or by reason of the creation of a new school | ||||||
9 | district, the position held by any teacher having a | ||||||
10 | contractual continued service status is transferred from one | ||||||
11 | board to the control of a new or different board, then the | ||||||
12 | contractual continued service status of the teacher is not | ||||||
13 | thereby lost, and such new or different board is subject to | ||||||
14 | this Code with respect to the teacher in the same manner as if | ||||||
15 | the teacher were its employee and had been its employee during | ||||||
16 | the time the teacher was actually employed by the board from | ||||||
17 | whose control the position was transferred. | ||||||
18 | (i) The employment of any teacher in a program of a special | ||||||
19 | education joint
agreement established under Section 3-15.14, | ||||||
20 | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | ||||||
21 | Sections of this Article. For purposes of
attaining and | ||||||
22 | maintaining contractual continued service and computing
length | ||||||
23 | of continuing service as referred to in this Section and | ||||||
24 | Section
24-12, employment in a special educational joint | ||||||
25 | program shall be deemed a
continuation of all previous | ||||||
26 | licensed employment of such teacher for
such joint agreement |
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1 | whether the employer of the teacher was the joint
agreement, | ||||||
2 | the regional superintendent, or one of the participating
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3 | districts in the joint agreement.
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4 | (j) For any teacher employed after July 1, 1987 as a | ||||||
5 | full-time teacher in a program of a special education joint | ||||||
6 | agreement, whether the program is operated by the joint | ||||||
7 | agreement or a member district on behalf of the joint | ||||||
8 | agreement, in the event of a reduction in the number of | ||||||
9 | programs or positions in the joint agreement in which the | ||||||
10 | notice of dismissal is provided on or before the end of the | ||||||
11 | 2010-2011 school term, the teacher in contractual continued | ||||||
12 | service is eligible for employment in the joint agreement | ||||||
13 | programs for which the teacher is legally qualified in order | ||||||
14 | of greater length of continuing service in the joint | ||||||
15 | agreement, unless an alternative method of determining the | ||||||
16 | sequence of dismissal is established in a collective | ||||||
17 | bargaining agreement. For any teacher employed after July 1, | ||||||
18 | 1987 as a full-time teacher in a program of a special education | ||||||
19 | joint agreement, whether the program is operated by the joint | ||||||
20 | agreement or a member district on behalf of the joint | ||||||
21 | agreement, in the event of a reduction in the number of | ||||||
22 | programs or positions in the joint agreement in which the | ||||||
23 | notice of dismissal is provided during the 2011-2012 school | ||||||
24 | term or a subsequent school term, the teacher shall be | ||||||
25 | included on the honorable dismissal lists of all joint | ||||||
26 | agreement programs for positions for which the teacher is |
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1 | qualified and is eligible for employment in such programs in | ||||||
2 | accordance with subsections (b) and (c) of Section 24-12 of | ||||||
3 | this Code and the applicable honorable dismissal policies of | ||||||
4 | the joint agreement. | ||||||
5 | (k) For any teacher employed after July 1, 1987 as a | ||||||
6 | full-time teacher in a program of a special education joint | ||||||
7 | agreement, whether the program is operated by the joint | ||||||
8 | agreement or a member district on behalf of the joint | ||||||
9 | agreement, in the event of the dissolution of a joint | ||||||
10 | agreement, in which the notice to teachers of the dissolution | ||||||
11 | is provided during the 2010-2011 school term, the teacher in | ||||||
12 | contractual continued service who is legally qualified shall | ||||||
13 | be assigned to any comparable position in a member district | ||||||
14 | currently held by a teacher who has not entered upon | ||||||
15 | contractual continued service or held by a teacher who has | ||||||
16 | entered upon contractual continued service with a shorter | ||||||
17 | length of contractual continued service. Any teacher employed | ||||||
18 | after July 1, 1987 as a full-time teacher in a program of a | ||||||
19 | special education joint agreement, whether the program is | ||||||
20 | operated by the joint agreement or a member district on behalf | ||||||
21 | of the joint agreement, in the event of the dissolution of a | ||||||
22 | joint agreement in which the notice to teachers of the | ||||||
23 | dissolution is provided during the 2011-2012 school term or a | ||||||
24 | subsequent school term, the teacher who is qualified shall be | ||||||
25 | included on the order of honorable dismissal lists of each | ||||||
26 | member district and shall be assigned to any comparable |
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1 | position in any such district in accordance with subsections | ||||||
2 | (b) and (c) of Section 24-12 of this Code and the applicable | ||||||
3 | honorable dismissal policies of each member district.
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4 | (l) The governing board of the joint agreement, or the | ||||||
5 | administrative
district, if so authorized by the articles of | ||||||
6 | agreement of the joint
agreement, rather than the board of | ||||||
7 | education of a school district, may
carry out employment and | ||||||
8 | termination actions including dismissals under
this Section | ||||||
9 | and Section 24-12.
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10 | (m) The employment of any teacher in a special education | ||||||
11 | program
authorized by Section 14-1.01 through 14-14.01, or a | ||||||
12 | joint educational
program established under Section 10-22.31a, | ||||||
13 | shall be under this and the
succeeding Sections of this | ||||||
14 | Article, and such employment shall be deemed
a continuation of | ||||||
15 | the previous employment of such teacher in any of the
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16 | participating districts, regardless of the participation of | ||||||
17 | other
districts in the program. | ||||||
18 | (n) Any teacher employed as a full-time teacher in
a | ||||||
19 | special education program prior to September 23, 1987 in which | ||||||
20 | 2 or
more school districts
participate for a probationary | ||||||
21 | period of 2 consecutive years shall enter
upon contractual | ||||||
22 | continued service in each of the participating
districts, | ||||||
23 | subject to this and the succeeding Sections of this Article,
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24 | and, notwithstanding Section 24-1.5 of this Code, in the event | ||||||
25 | of the termination of the program shall be eligible for
any | ||||||
26 | vacant position in any of such districts for which such |
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1 | teacher is
qualified.
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2 | (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22 .)
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3 | Section 99. Effective date. This Act takes effect July 1, | ||||||
4 | 2023.
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