SB0007 EnrolledLRB097 06626 NHT 46711 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Illinois Pension Code is amended by changing
5Section 17-130 as follows:
 
6    (40 ILCS 5/17-130)  (from Ch. 108 1/2, par. 17-130)
7    Sec. 17-130. Participants' contributions by payroll
8deductions.
9    (a) There shall be deducted from the salary of each teacher
107.50% of his salary for service or disability retirement
11pension and 0.5% of salary for the annual increase in base
12pension.
13    In addition, there shall be deducted from the salary of
14each teacher 1% of his salary for survivors' and children's
15pensions.
16    (b) An Employer and any employer of eligible contributors
17as defined in Section 17-106 is authorized to make the
18necessary deductions from the salaries of its teachers. Such
19amounts shall be included as a part of the Fund. An Employer
20and any employer of eligible contributors as defined in Section
2117-106 shall formulate such rules and regulations as may be
22necessary to give effect to the provisions of this Section.
23    (c) All persons employed as teachers shall, by such

 

 

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1employment, accept the provisions of this Article and of
2Sections 34-83 to 34-85 34-85b, inclusive, of "The School
3Code", approved March 18, 1961, as amended, and thereupon
4become contributors to the Fund in accordance with the terms
5thereof. The provisions of this Article and of those Sections
6shall become a part of the contract of employment.
7    (d) A person who (i) was a member before July 1, 1998, (ii)
8retires with more than 34 years of creditable service, and
9(iii) does not elect to qualify for the augmented rate under
10Section 17-119.1 shall be entitled, at the time of retirement,
11to receive a partial refund of contributions made under this
12Section for service occurring after the later of June 30, 1998
13or attainment of 34 years of creditable service, in an amount
14equal to 1.00% of the salary upon which those contributions
15were based.
16(Source: P.A. 94-1105, eff. 6-1-07.)
 
17    Section 5. The School Code is amended by changing Sections
1810-22.4, 21-23, 24-11, 24-12, 24-16, 24A-2.5, 24A-5, 34-84,
1934-85, and 34-85c and by adding Sections 2-3.153, 10-16a,
2024-1.5, and 24-16.5 as follows:
 
21    (105 ILCS 5/2-3.153 new)
22    Sec. 2-3.153. Survey of learning conditions. The State
23Board of Education shall select for statewide administration an
24instrument to provide feedback from, at a minimum, students in

 

 

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1grades 6 through 12 and teachers on the instructional
2environment within a school after giving consideration to the
3recommendations of the Performance Evaluation Advisory Council
4made pursuant to subdivision (6) of subsection (a) of Section
524A-20 of this Code. Subject to appropriation to the State
6Board of Education for the State's cost of development and
7administration and commencing with the 2012-2013 school year,
8each school district shall administer, at least biannually, the
9instrument in every public school attendance center by a date
10specified by the State Superintendent of Education, and data
11resulting from the instrument's administration must be
12provided to the State Board of Education. The survey component
13that requires completion by the teachers must be administered
14during teacher meetings or professional development days or at
15other times that would not interfere with the teachers' regular
16classroom and direct instructional duties. The State
17Superintendent, following consultation with teachers,
18principals, and other appropriate stakeholders, shall publicly
19report on selected indicators of learning conditions resulting
20from administration of the instrument at the individual school,
21district, and State levels and shall identify whether the
22indicators result from an anonymous administration of the
23instrument. If in any year the appropriation to the State Board
24of Education is insufficient for the State's costs associated
25with statewide administration of the instrument, the State
26Board of Education shall give priority to districts with

 

 

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1low-performing schools and a representative sample of other
2districts.
 
3    (105 ILCS 5/10-16a new)
4    Sec. 10-16a. School board member's leadership training.
5    (a) This Section applies to all school board members
6serving pursuant to Section 10-10 of this Code who have been
7elected after the effective date of this amendatory Act of the
897th General Assembly or appointed to fill a vacancy of at
9least one year's duration after the effective date of this
10amendatory Act of the 97th General Assembly.
11    (b) Every voting member of a school board of a school
12district elected or appointed for a term beginning after the
13effective date of this amendatory Act of the 97th General
14Assembly, within a year after the effective date of this
15amendatory Act of the 97th General Assembly or the first year
16of his or her first term, shall complete a minimum of 4 hours
17of professional development leadership training covering
18topics in education and labor law, financial oversight and
19accountability, and fiduciary responsibilities of a school
20board member. The school district shall maintain on its
21Internet website, if any, the names of all voting members of
22the school board who have successfully completed the training.
23    (c) The training on financial oversight, accountability,
24and fiduciary responsibilities may be provided by an
25association established under this Code for the purpose of

 

 

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1training school board members or by other qualified providers
2approved by the State Board of Education, in consultation with
3an association so established.
 
4    (105 ILCS 5/10-22.4)  (from Ch. 122, par. 10-22.4)
5    Sec. 10-22.4. Dismissal of teachers. To dismiss a teacher
6for incompetency, cruelty, negligence, immorality or other
7sufficient cause, to dismiss any teacher on the basis of
8performance who fails to complete a 1-year remediation plan
9with a "satisfactory" or better rating and to dismiss any
10teacher whenever, in its opinion, he is not qualified to teach,
11or whenever, in its opinion, the interests of the schools
12require it, subject, however, to the provisions of Sections
1324-10 to 24-16.5 24-15, inclusive. Temporary mental or physical
14incapacity to perform teaching duties, as found by a medical
15examination, is not a cause for dismissal. Marriage is not a
16cause of removal.
17(Source: P.A. 85-248.)
 
18    (105 ILCS 5/21-23)  (from Ch. 122, par. 21-23)
19    Sec. 21-23. Suspension or revocation of certificate.
20    (a) The State Superintendent of Education has the exclusive
21authority, in accordance with this Section and any rules
22adopted by the State Board of Education, to initiate the
23suspension of up to 5 calendar years or revocation of any
24certificate issued pursuant to this Article, including but not

 

 

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1limited to any administrative certificate or endorsement, for
2abuse or neglect of a child, immorality, a condition of health
3detrimental to the welfare of pupils, incompetency,
4unprofessional conduct (which includes the failure to disclose
5on an employment application any previous conviction for a sex
6offense, as defined in Section 21-23a of this Code, or any
7other offense committed in any other state or against the laws
8of the United States that, if committed in this State, would be
9punishable as a sex offense, as defined in Section 21-23a of
10this Code), the neglect of any professional duty, willful
11failure to report an instance of suspected child abuse or
12neglect as required by the Abused and Neglected Child Reporting
13Act, failure to establish satisfactory repayment on an
14educational loan guaranteed by the Illinois Student Assistance
15Commission, or other just cause. Unprofessional conduct shall
16include refusal to attend or participate in, institutes,
17teachers' meetings, professional readings, or to meet other
18reasonable requirements of the regional superintendent or
19State Superintendent of Education. Unprofessional conduct also
20includes conduct that violates the standards, ethics, or rules
21applicable to the security, administration, monitoring, or
22scoring of, or the reporting of scores from, any assessment
23test or the Prairie State Achievement Examination administered
24under Section 2-3.64 or that is known or intended to produce or
25report manipulated or artificial, rather than actual,
26assessment or achievement results or gains from the

 

 

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1administration of those tests or examinations. It shall also
2include neglect or unnecessary delay in making of statistical
3and other reports required by school officers. Incompetency
4shall include, without limitation, 2 or more school terms of
5service for which the certificate holder has received an
6unsatisfactory rating on a performance evaluation conducted
7pursuant to Article 24A of this Code within a period of 7
8school terms of service. In determining whether to initiate
9action against one or more certificates based on incompetency
10and the recommended sanction for such action, the State
11Superintendent shall consider factors that include without
12limitation all of the following:
13        (1) Whether the unsatisfactory evaluation ratings
14    occurred prior to the effective date of this amendatory Act
15    of the 97th General Assembly.
16        (2) Whether the unsatisfactory evaluation ratings
17    occurred prior to or after the implementation date, as
18    defined in Section 24A-2.5 of this Code, of an evaluation
19    system for teachers in a school district.
20        (3) Whether the evaluator or evaluators who performed
21    an unsatisfactory evaluation met the pre-certification and
22    training requirements set forth in Section 24A-3 of this
23    Code.
24        (4) The time between the unsatisfactory evaluation
25    ratings.
26        (5) The quality of the remediation plans associated

 

 

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1    with the unsatisfactory evaluation ratings and whether the
2    certificate holder successfully completed the remediation
3    plans.
4        (6) Whether the unsatisfactory evaluation ratings were
5    related to the same or different assignments performed by
6    the certificate holder.
7        (7) Whether one or more of the unsatisfactory
8    evaluation ratings occurred in the first year of a teaching
9    or administrative assignment.
10When initiating an action against one or more certificates, the
11State Superintendent may seek required professional
12development as a sanction in lieu of or in addition to
13suspension or revocation. Any such required professional
14development must be at the expense of the certificate holder,
15who may use, if available and applicable to the requirements
16established by administrative or court order, training,
17coursework, or other professional development funds in
18accordance with the terms of an applicable collective
19bargaining agreement entered into after the effective date of
20this amendatory Act of the 97th General Assembly, unless that
21agreement specifically precludes use of funds for such purpose.
22    (a-5) The State Superintendent of Education shall, upon
23receipt of evidence of abuse or neglect of a child, immorality,
24a condition of health detrimental to the welfare of pupils,
25incompetency (subject to subsection (a) of this Section),
26unprofessional conduct, the neglect of any professional duty or

 

 

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1other just cause, further investigate and, if and as
2appropriate, serve written notice to the individual and afford
3the individual opportunity for a hearing prior to suspension,
4or revocation, or other sanction; provided that the State
5Superintendent is under no obligation to initiate such an
6investigation if the Department of Children and Family Services
7is investigating the same or substantially similar allegations
8and its child protective service unit has not made its
9determination as required under Section 7.12 of the Abused and
10Neglected Child Reporting Act. If the State Superintendent of
11Education does not receive from an individual a request for a
12hearing within 10 days after the individual receives notice,
13the suspension, or revocation, or other sanction shall
14immediately take effect in accordance with the notice. If a
15hearing is requested within 10 days of notice of opportunity
16for hearing, it shall act as a stay of proceedings until the
17State Teacher Certification Board issues a decision. Any
18hearing shall take place in the educational service region
19wherein the educator is or was last employed and in accordance
20with rules adopted by the State Board of Education, in
21consultation with the State Teacher Certification Board, which
22rules shall include without limitation provisions for
23discovery and the sharing of information between parties prior
24to the hearing. The standard of proof for any administrative
25hearing held pursuant to this Section shall be by the
26preponderance of the evidence. The decision of the State

 

 

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1Teacher Certification Board is a final administrative decision
2and is subject to judicial review by appeal of either party.
3    The State Board may refuse to issue or may suspend the
4certificate of any person who fails to file a return, or to pay
5the tax, penalty or interest shown in a filed return, or to pay
6any final assessment of tax, penalty or interest, as required
7by any tax Act administered by the Illinois Department of
8Revenue, until such time as the requirements of any such tax
9Act are satisfied.
10    The exclusive authority of the State Superintendent of
11Education to initiate suspension or revocation of a certificate
12pursuant to this Section does not preclude a regional
13superintendent of schools from cooperating with the State
14Superintendent or a State's Attorney with respect to an
15investigation of alleged misconduct.
16    (b) (Blank).
17    (b-5) The State Superintendent of Education or his or her
18designee may initiate and conduct such investigations as may be
19reasonably necessary to establish the existence of any alleged
20misconduct. At any stage of the investigation, the State
21Superintendent may issue a subpoena requiring the attendance
22and testimony of a witness, including the certificate holder,
23and the production of any evidence, including files, records,
24correspondence, or documents, relating to any matter in
25question in the investigation. The subpoena shall require a
26witness to appear at the State Board of Education at a

 

 

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1specified date and time and shall specify any evidence to be
2produced. The certificate holder is not entitled to be present,
3but the State Superintendent shall provide the certificate
4holder with a copy of any recorded testimony prior to a hearing
5under this Section. Such recorded testimony must not be used as
6evidence at a hearing, unless the certificate holder has
7adequate notice of the testimony and the opportunity to
8cross-examine the witness. Failure of a certificate holder to
9comply with a duly-issued, investigatory subpoena may be
10grounds for revocation, suspension, or denial of a certificate.
11    (b-10) All correspondence, documentation, and other
12information so received by the regional superintendent of
13schools, the State Superintendent of Education, the State Board
14of Education, or the State Teacher Certification Board under
15this Section is confidential and must not be disclosed to third
16parties, except (i) as necessary for the State Superintendent
17of Education or his or her designee to investigate and
18prosecute pursuant to this Article, (ii) pursuant to a court
19order, (iii) for disclosure to the certificate holder or his or
20her representative, or (iv) as otherwise required in this
21Article and provided that any such information admitted into
22evidence in a hearing shall be exempt from this confidentiality
23and non-disclosure requirement.
24    (c) The State Superintendent of Education or a person
25designated by him shall have the power to administer oaths to
26witnesses at any hearing conducted before the State Teacher

 

 

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1Certification Board pursuant to this Section. The State
2Superintendent of Education or a person designated by him is
3authorized to subpoena and bring before the State Teacher
4Certification Board any person in this State and to take
5testimony either orally or by deposition or by exhibit, with
6the same fees and mileage and in the same manner as prescribed
7by law in judicial proceedings in the civil cases in circuit
8courts of this State.
9    (c-5) Any circuit court, upon the application of the State
10Superintendent of Education or the certificate holder, may, by
11order duly entered, require the attendance of witnesses and the
12production of relevant books and papers as part of any
13investigation or at any hearing the State Teacher Certification
14Board is authorized to conduct pursuant to this Section, and
15the court may compel obedience to its orders by proceedings for
16contempt.
17    (c-10) The State Board of Education shall receive an annual
18line item appropriation to cover fees associated with the
19investigation and prosecution of alleged educator misconduct
20and hearings related thereto.
21    (d) As used in this Section, "teacher" means any school
22district employee regularly required to be certified, as
23provided in this Article, in order to teach or supervise in the
24public schools.
25(Source: P.A. 96-431, eff. 8-13-09.)
 

 

 

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1    (105 ILCS 5/24-1.5 new)
2    Sec. 24-1.5. New or vacant teaching positions. A school
3district's selection of a candidate for a new or vacant
4teaching position not otherwise required to be filled pursuant
5to Section 24-12 of this Code must be based upon the
6consideration of factors that include without limitation
7certifications, qualifications, merit and ability (including
8performance evaluations, if available), and relevant
9experience, provided that the length of continuing service with
10the school district must not be considered as a factor, unless
11all other factors are determined by the school district to be
12equal. A school district's decision to select a particular
13candidate to fill a new or vacant position is not subject to
14review under grievance resolution procedures adopted pursuant
15to subsection (c) of Section 10 of the Illinois Educational
16Labor Relations Act, provided that, in making such a decision,
17the district does not fail to adhere to procedural requirements
18in a collective bargaining agreement relating to the filling of
19new or vacant teaching positions. Provisions regarding the
20filling of new and vacant positions in a collective bargaining
21agreement between a school district and the exclusive
22bargaining representative of its teachers in existence on the
23effective date of this amendatory Act of the 97th General
24Assembly shall remain in full force and effect for the term of
25the agreement, unless terminated by mutual agreement.
26    Nothing in this amendatory Act of the 97th General Assembly

 

 

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1(i) limits or otherwise impacts school districts' management
2right to hire new employees, (ii) affects what currently is or
3may be a mandatory subject of bargaining under the Illinois
4Educational Labor Relations Act, or (iii) creates a statutory
5cause of action for a candidate or a candidate's representative
6to challenge a school district's selection decision based on
7the school district's failure to adhere to the requirements of
8this Section.
 
9    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
10    Sec. 24-11. Boards of Education - Boards of School
11Inspectors - Contractual continued service.
12    (a) As used in this and the succeeding Sections of this
13Article:
14    "Teacher" means any or all school district employees
15regularly required to be certified under laws relating to the
16certification of teachers.
17    "Board" means board of directors, board of education, or
18board of school inspectors, as the case may be.
19    "School term" means that portion of the school year, July 1
20to the following June 30, when school is in actual session.
21    "Program" means a program of a special education joint
22agreement.
23    "Program of a special education joint agreement" means
24instructional, consultative, supervisory, administrative,
25diagnostic, and related services that are managed by a special

 

 

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1educational joint agreement designed to service 2 or more
2school districts that are members of the joint agreement.
3    "PERA implementation date" means the implementation date
4of an evaluation system for teachers as specified by Section
524A-2.5 of this Code for all schools within a school district
6or all programs of a special education joint agreement.
7    (b) This Section and Sections 24-12 through 24-16 of this
8Article apply only to school districts having less than 500,000
9inhabitants.
10    (c) Any teacher who is first employed as a full-time
11teacher in a school district or program prior to the PERA
12implementation date and Any teacher who is has been employed in
13that any district or program as a full-time teacher for a
14probationary period of 4 2 consecutive school terms shall enter
15upon contractual continued service in the district or in all of
16the programs that the teacher is legally qualified to hold,
17unless the teacher is given written notice of dismissal stating
18the specific reason therefor, by certified mail, return receipt
19requested, by the employing board at least 45 days before the
20end of any school term within such period; except that for a
21teacher who is first employed as a full-time teacher by a
22school district on or after January 1, 1998 and who has not
23before that date already entered upon contractual continued
24service in that district, the probationary period shall be 4
25consecutive school terms before the teacher shall enter upon
26contractual continued service. For the purpose of determining

 

 

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1contractual continued service, the first probationary year
2shall be any full-time employment from a date before November 1
3through the end of the school year.
4    (d) For any teacher who is first employed as a full-time
5teacher in a school district or program on or after the PERA
6implementation date, the probationary period shall be one of
7the following periods, based upon the teacher's school terms of
8service and performance, before the teacher shall enter upon
9contractual continued service in the district or in all of the
10programs that the teacher is legally qualified to hold, unless
11the teacher is given written notice of dismissal by certified
12mail, return receipt requested, by the employing board at least
1345 days before the end of any school term within such period:
14        (1) 4 consecutive school terms of service in which the
15    teacher receives overall annual evaluation ratings of at
16    least "Proficient" in the last school term and at least
17    "Proficient" in either the second or third school term;
18        (2) 3 consecutive school terms of service in which the
19    teacher receives 3 overall annual evaluations of
20    "Excellent"; or
21        (3) 2 consecutive school terms of service in which the
22    teacher receives 2 overall annual evaluations of
23    "Excellent" service, but only if the teacher (i) previously
24    attained contractual continued service in a different
25    school district or program in this State, (ii) voluntarily
26    departed or was honorably dismissed from that school

 

 

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1    district or program in the school term immediately prior to
2    the teacher's first school term of service applicable to
3    the attainment of contractual continued service under this
4    subdivision (3), and (iii) received, in his or her 2 most
5    recent overall annual or biannual evaluations from the
6    prior school district or program, ratings of "Proficient",
7    with both such ratings occurring after the school
8    district's or program's PERA implementation date.
9    If the teacher does not receive overall annual evaluations
10of "Excellent" in the school terms necessary for eligibility to
11achieve accelerated contractual continued service in
12subdivisions (2) and (3) of this subsection (d), the teacher
13shall be eligible for contractual continued service pursuant to
14subdivision (1) of this subsection (d). If, at the conclusion
15of 4 consecutive school terms of service that count toward
16attainment of contractual continued service, the teacher's
17performance does not qualify the teacher for contractual
18continued service under subdivision (1) of this subsection (d),
19then the teacher shall not enter upon contractual continued
20service and shall be dismissed. If a performance evaluation is
21not conducted for any school term when such evaluation is
22required to be conducted under Section 24A-5 of this Code, then
23the teacher's performance evaluation rating for such school
24term for purposes of determining the attainment of contractual
25continued service shall be deemed "Proficient".
26    (e) For the purposes of determining contractual continued

 

 

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1service, a school term shall be counted only toward attainment
2of contractual continued service if the teacher actually
3teaches or is otherwise present and participating in the
4district's or program's educational program for 120 days or
5more, provided that the days of leave under the federal Family
6Medical Leave Act that the teacher is required to take until
7the end of the school term shall be considered days of teaching
8or participation in the district's or program's educational
9program. A school term that is not counted toward attainment of
10contractual continued service shall not be considered a break
11in service for purposes of determining whether a teacher has
12been employed for 4 consecutive school terms, provided that the
13teacher actually teaches or is otherwise present and
14participating in the district's or program's educational
15program in the following school term.
16    (f) If the employing board determines to dismiss the
17teacher in the last year of the probationary period as provided
18in subsection (c) of this Section or subdivision (1) or (2) of
19subsection (d) of this Section, but not subdivision (3) of
20subsection (d) of this Section, the written notice of dismissal
21provided by the employing board must contain specific reasons
22for dismissal. Any full-time teacher who does not receive
23written notice from the employing board at least 45 days before
24the end of any school term as provided in this Section and
25whose performance does not require dismissal after the fourth
26probationary year pursuant to subsection (d) of this Section

 

 

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1shall be re-employed for the following school term.
2    If, however, a teacher who was first employed prior to
3January 1, 1998 has not had one school term of full-time
4teaching experience before the beginning of a probationary
5period of 2 consecutive school terms, the employing board may
6at its option extend the probationary period for one additional
7school term by giving the teacher written notice by certified
8mail, return receipt requested, at least 45 days before the end
9of the second school term of the period of 2 consecutive school
10terms referred to above. This notice must state the reasons for
11the one year extension and must outline the corrective actions
12that the teacher must take to satisfactorily complete
13probation. The changes made by this amendatory Act of 1998 are
14declaratory of existing law.
15    Any full-time teacher who is not completing the last year
16of the probationary period described in the preceding
17paragraph, or any teacher employed on a full-time basis not
18later than January 1 of the school term, shall receive written
19notice from the employing board at least 45 days before the end
20of any school term whether or not he will be re-employed for
21the following school term. If the board fails to give such
22notice, the employee shall be deemed reemployed, and not later
23than the close of the then current school term the board shall
24issue a regular contract to the employee as though the board
25had reemployed him in the usual manner.
26    (g) Contractual continued service shall continue in effect

 

 

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1the terms and provisions of the contract with the teacher
2during the last school term of the probationary period, subject
3to this Act and the lawful regulations of the employing board.
4This Section and succeeding Sections do not modify any existing
5power of the board except with respect to the procedure of the
6discharge of a teacher and reductions in salary as hereinafter
7provided. Contractual continued service status shall not
8restrict the power of the board to transfer a teacher to a
9position which the teacher is qualified to fill or to make such
10salary adjustments as it deems desirable, but unless reductions
11in salary are uniform or based upon some reasonable
12classification, any teacher whose salary is reduced shall be
13entitled to a notice and a hearing as hereinafter provided in
14the case of certain dismissals or removals.
15    (h) If, by reason of any change in the boundaries of school
16districts or by reason of the creation of a new school
17district, the position held by any teacher having a contractual
18continued service status is transferred from one board to the
19control of a new or different board, then the contractual
20continued service status of the teacher is not thereby lost,
21and such new or different board is subject to this Code with
22respect to the teacher in the same manner as if the teacher
23were its employee and had been its employee during the time the
24teacher was actually employed by the board from whose control
25the position was transferred.
26    (i) The employment of any teacher in a program of a special

 

 

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1education joint agreement established under Section 3-15.14,
210-22.31 or 10-22.31a shall be governed by under this and
3succeeding Sections of this Article. For purposes of attaining
4and maintaining contractual continued service and computing
5length of continuing service as referred to in this Section and
6Section 24-12, employment in a special educational joint
7program shall be deemed a continuation of all previous
8certificated employment of such teacher for such joint
9agreement whether the employer of the teacher was the joint
10agreement, the regional superintendent, or one of the
11participating districts in the joint agreement.
12    (j) For any teacher employed after July 1, 1987 as a
13full-time teacher in a program of a special education joint
14agreement, whether the program is operated by the joint
15agreement or a member district on behalf of the joint
16agreement, in the event of a reduction in the number of
17programs or positions in the joint agreement in which the
18notice of dismissal is provided on or before the end of the
192010-2011 school term, the teacher in contractual continued
20service is eligible for employment in the joint agreement
21programs for which the teacher is legally qualified in order of
22greater length of continuing service in the joint agreement,
23unless an alternative method of determining the sequence of
24dismissal is established in a collective bargaining agreement.
25For any teacher employed after July 1, 1987 as a full-time
26teacher in a program of a special education joint agreement,

 

 

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1whether the program is operated by the joint agreement or a
2member district on behalf of the joint agreement, in the event
3of a reduction in the number of programs or positions in the
4joint agreement in which the notice of dismissal is provided
5during the 2011-2012 school term or a subsequent school term,
6the teacher shall be included on the honorable dismissal lists
7of all joint agreement programs for positions for which the
8teacher is qualified and is eligible for employment in such
9programs in accordance with subsections (b) and (c) of Section
1024-12 of this Code and the applicable honorable dismissal
11policies of the joint agreement.
12    (k) For any teacher employed after July 1, 1987 as a
13full-time teacher in a program of a special education joint
14agreement, whether the program is operated by the joint
15agreement or a member district on behalf of the joint
16agreement, in the event of the dissolution of a joint
17agreement, in which the notice to teachers of the dissolution
18is provided during the 2010-2011 school term, the teacher in
19contractual continued service who is legally qualified shall be
20assigned to any comparable position in a member district
21currently held by a teacher who has not entered upon
22contractual continued service or held by a teacher who has
23entered upon contractual continued service with a shorter
24length of contractual continued service. Any teacher employed
25after July 1, 1987 as a full-time teacher in a program of a
26special education joint agreement, whether the program is

 

 

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1operated by the joint agreement or a member district on behalf
2of the joint agreement, in the event of the dissolution of a
3joint agreement in which the notice to teachers of the
4dissolution is provided during the 2011-2012 school term or a
5subsequent school term, the teacher who is qualified shall be
6included on the order of honorable dismissal lists of each
7member district and shall be assigned to any comparable
8position in any such district in accordance with subsections
9(b) and (c) of Section 24-12 of this Code and the applicable
10honorable dismissal policies of each member district.
11    Any teacher employed after July 1, 1987 as a full-time
12teacher in a program of a special education joint agreement,
13whether the program is operated by the joint agreement or a
14member district on behalf of the joint agreement, for a
15probationary period of two consecutive years shall enter upon
16contractual continued service in all of the programs conducted
17by such joint agreement which the teacher is legally qualified
18to hold; except that for a teacher who is first employed on or
19after January 1, 1998 in a program of a special education joint
20agreement and who has not before that date already entered upon
21contractual continued service in all of the programs conducted
22by the joint agreement that the teacher is legally qualified to
23hold, the probationary period shall be 4 consecutive years
24before the teacher enters upon contractual continued service in
25all of those programs. In the event of a reduction in the
26number of programs or positions in the joint agreement, the

 

 

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1teacher on contractual continued service shall be eligible for
2employment in the joint agreement programs for which the
3teacher is legally qualified in order of greater length of
4continuing service in the joint agreement unless an alternative
5method of determining the sequence of dismissal is established
6in a collective bargaining agreement. In the event of the
7dissolution of a joint agreement, the teacher on contractual
8continued service who is legally qualified shall be assigned to
9any comparable position in a member district currently held by
10a teacher who has not entered upon contractual continued
11service or held by a teacher who has entered upon contractual
12continued service with shorter length of contractual continued
13service.
14    (l) The governing board of the joint agreement, or the
15administrative district, if so authorized by the articles of
16agreement of the joint agreement, rather than the board of
17education of a school district, may carry out employment and
18termination actions including dismissals under this Section
19and Section 24-12.
20    For purposes of this and succeeding Sections of this
21Article, a program of a special educational joint agreement
22shall be defined as instructional, consultative, supervisory,
23administrative, diagnostic, and related services which are
24managed by the special educational joint agreement designed to
25service two or more districts which are members of the joint
26agreement.

 

 

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1    Each joint agreement shall be required to post by February
21, a list of all its employees in order of length of continuing
3service in the joint agreement, unless an alternative method of
4determining a sequence of dismissal is established in an
5applicable collective bargaining agreement.
6    (m) The employment of any teacher in a special education
7program authorized by Section 14-1.01 through 14-14.01, or a
8joint educational program established under Section 10-22.31a,
9shall be under this and the succeeding Sections of this
10Article, and such employment shall be deemed a continuation of
11the previous employment of such teacher in any of the
12participating districts, regardless of the participation of
13other districts in the program.
14    (n) Any teacher employed as a full-time teacher in a
15special education program prior to September 23, 1987 in which
162 or more school districts participate for a probationary
17period of 2 consecutive years shall enter upon contractual
18continued service in each of the participating districts,
19subject to this and the succeeding Sections of this Article,
20and, notwithstanding Section 24-1.5 of this Code, in the event
21of the termination of the program shall be eligible for any
22vacant position in any of such districts for which such teacher
23is qualified.
24(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
 
25    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)

 

 

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

 

 

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1faculty members' organization and except that this provision
2shall not impair the operation of any affirmative action
3program in the district, regardless of whether it exists by
4operation of law or is conducted on a voluntary basis by the
5board. Any teacher dismissed as a result of such decrease or
6discontinuance shall be paid all earned compensation on or
7before the third business day following the last day of pupil
8attendance in the regular school term.
9    If the board has any vacancies for the following school
10term or within one calendar year from the beginning of the
11following school term, the positions thereby becoming
12available shall be tendered to the teachers so removed or
13dismissed so far as they are legally qualified to hold such
14positions; provided, however, that if the number of honorable
15dismissal notices based on economic necessity exceeds 15% of
16the number of full time equivalent positions filled by
17certified employees (excluding principals and administrative
18personnel) during the preceding school year, then if the board
19has any vacancies for the following school term or within 2
20calendar years from the beginning of the following school term,
21the positions so becoming available shall be tendered to the
22teachers who were so notified and removed or dismissed whenever
23they are legally qualified to hold such positions. Each board
24shall, in consultation with any exclusive employee
25representatives, each year establish a list, categorized by
26positions, showing the length of continuing service of each

 

 

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

 

 

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1term, together with a statement of honorable dismissal and the
2reason therefor, and in all such cases the sequence of
3dismissal shall occur in accordance with this subsection (b);
4except that this subsection (b) shall not impair the operation
5of any affirmative action program in the school district,
6regardless of whether it exists by operation of law or is
7conducted on a voluntary basis by the board.
8    Each teacher must be categorized into one or more positions
9for which the teacher is qualified to hold, based upon legal
10qualifications and any other qualifications established in a
11district or joint agreement job description, on or before the
12May 10 prior to the school year during which the sequence of
13dismissal is determined. Within each position and subject to
14agreements made by the joint committee on honorable dismissals
15that are authorized by subsection (c) of this Section, the
16school district or joint agreement must establish 4 groupings
17of teachers qualified to hold the position as follows:
18        (1) Grouping one shall consist of each teacher not in
19    contractual continued service who has not received a
20    performance evaluation rating.
21        (2) Grouping 2 shall consist of each teacher with a
22    Needs Improvement or Unsatisfactory performance evaluation
23    rating on either of the teacher's last 2 performance
24    evaluation ratings.
25        (3) Grouping 3 shall consist of each teacher with a
26    performance evaluation rating of at least Satisfactory or

 

 

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1    Proficient on both of the teacher's last 2 performance
2    evaluation ratings, if 2 ratings are available, or on the
3    teacher's last performance evaluation rating, if only one
4    rating is available, unless the teacher qualifies for
5    placement into grouping 4.
6        (4) Grouping 4 shall consist of each teacher whose last
7    2 performance evaluation ratings are Excellent and each
8    teacher with 2 Excellent performance evaluation ratings
9    out of the teacher's last 3 performance evaluation ratings
10    with a third rating of Satisfactory or Proficient.
11    Among teachers qualified to hold a position, teachers must
12be dismissed in the order of their groupings, with teachers in
13grouping one dismissed first and teachers in grouping 4
14dismissed last.
15    Within grouping one, the sequence of dismissal must be at
16the discretion of the school district or joint agreement.
17Within grouping 2, the sequence of dismissal must be based upon
18average performance evaluation ratings, with the teacher or
19teachers with the lowest average performance evaluation rating
20dismissed first. A teacher's average performance evaluation
21rating must be calculated using the average of the teacher's
22last 2 performance evaluation ratings, if 2 ratings are
23available, or the teacher's last performance evaluation
24rating, if only one rating is available, using the following
25numerical values: 4 for Excellent; 3 for Proficient or
26Satisfactory; 2 for Needs Improvement; and 1 for

 

 

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1Unsatisfactory. As between or among teachers in grouping 2 with
2the same average performance evaluation rating and within each
3of groupings 3 and 4, the teacher or teachers with the shorter
4length of continuing service with the school district or joint
5agreement must be dismissed first unless an alternative method
6of determining the sequence of dismissal is established in a
7collective bargaining agreement or contract between the board
8and a professional faculty members' organization.
9    Each board, including the governing board of a joint
10agreement, shall, in consultation with any exclusive employee
11representatives, each year establish a sequence of honorable
12dismissal list categorized by positions and the groupings
13defined in this subsection (b). Copies of the list must be
14distributed to the exclusive bargaining representative at
15least 75 days before the end of the school term, provided that
16the school district or joint agreement may, with notice to any
17exclusive employee representatives, move teachers from
18grouping one into another grouping during the period of time
19from 75 days until 45 days before the end of the school term.
20    Any teacher dismissed as a result of such decrease or
21discontinuance must be paid all earned compensation on or
22before the third business day following the last day of pupil
23attendance in the regular school term.
24    If the board or joint agreement has any vacancies for the
25following school term or within one calendar year from the
26beginning of the following school term, the positions thereby

 

 

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

 

 

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1    For purposes of this subsection (b), subject to agreement
2on an alternative definition reached by the joint committee
3described in subsection (c) of this Section, a teacher's
4performance evaluation rating means the overall performance
5evaluation rating resulting from an annual or biannual
6performance evaluation conducted pursuant to Article 24A of
7this Code by the school district or joint agreement determining
8the sequence of dismissal, not including any performance
9evaluation conducted during or at the end of a remediation
10period. For performance evaluation ratings determined prior to
11September 1, 2012, any school district or joint agreement with
12a performance evaluation rating system that does not use either
13of the rating category systems specified in subsection (d) of
14Section 24A-5 of this Code for all teachers must establish a
15basis for assigning each teacher a rating that complies with
16subsection (d) of Section 24A-5 of this Code for all of the
17performance evaluation ratings that are to be used to determine
18the sequence of dismissal. A teacher's grouping and ranking on
19a sequence of honorable dismissal shall be deemed a part of the
20teacher's performance evaluation, and that information may be
21disclosed to the exclusive bargaining representative as part of
22a sequence of honorable dismissal list, notwithstanding any
23laws prohibiting disclosure of such information. A performance
24evaluation rating may be used to determine the sequence of
25dismissal, notwithstanding the pendency of any grievance
26resolution or arbitration procedures relating to the

 

 

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1performance evaluation. If a teacher has received at least one
2performance evaluation rating conducted by the school district
3or joint agreement determining the sequence of dismissal and a
4subsequent performance evaluation is not conducted in any
5school year in which such evaluation is required to be
6conducted under Section 24A-5 of this Code, the teacher's
7performance evaluation rating for that school year for purposes
8of determining the sequence of dismissal is deemed Proficient.
9If a performance evaluation rating is nullified as the result
10of an arbitration determination, then the school district or
11joint agreement is deemed to have conducted a performance
12evaluation for that school year, but the performance evaluation
13rating may not be used in determining the sequence of
14dismissal.
15    Nothing in this subsection (b) shall be construed as
16limiting the right of a school board or governing board of a
17joint agreement to dismiss a teacher not in contractual
18continued service in accordance with Section 24-11 of this
19Code.
20    Any provisions regarding the sequence of honorable
21dismissals and recall of honorably dismissed teachers in a
22collective bargaining agreement entered into on or before
23January 1, 2011 and in effect on the effective date of this
24amendatory Act of the 97th General Assembly that may conflict
25with this amendatory Act of the 97th General Assembly shall
26remain in effect through the expiration of such agreement or

 

 

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

 

 

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

 

 

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1    assess whether such a trend may exist. Following the joint
2    committee's review, but by no later than the end of the
3    applicable school term, the joint committee or any member
4    or members of the joint committee may submit a report of
5    the review to the employing board and exclusive bargaining
6    representative, if any. Nothing in this paragraph (5) shall
7    impact the order of honorable dismissal or a school
8    district's or joint agreement's authority to carry out a
9    dismissal in accordance with subsection (b) of this
10    Section.
11    Agreement by the joint committee as to a matter requires
12the majority vote of all committee members, and if the joint
13committee does not reach agreement on a matter, then the
14otherwise applicable requirements of subsection (b) of this
15Section shall apply. Except as explicitly set forth in this
16subsection (c), a joint committee has no authority to agree to
17any further modifications to the requirements for honorable
18dismissals set forth in subsection (a) of this Section. The
19joint committee must be established and the first meeting of
20the joint committee must occur on or before December 1, 2011 or
2130 days after the effective date of this amendatory Act of the
2297th General Assembly, whichever is later.
23    The joint committee must reach agreement on a matter on or
24before February 1 of a school year in order for the agreement
25of the joint committee to apply to the sequence of dismissal
26determined during that school year. Subject to the February 1

 

 

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1deadline for agreements, the agreement of a joint committee on
2a matter shall apply to the sequence of dismissal until the
3agreement is amended or terminated by the joint committee.
4    (d) Notwithstanding anything to the contrary in this
5subsection (d), the requirements and dismissal procedures of
6Section 24-16.5 of this Code shall apply to any dismissal
7sought under Section 24-16.5 of this Code.
8        (1) If a dismissal of a teacher in contractual
9    continued service or removal is sought for any other reason
10    or cause other than an honorable dismissal under
11    subsections (a) or (b) of this Section or a dismissal
12    sought under Section 24-16.5 of this Code, including those
13    under Section 10-22.4, the board must first approve a
14    motion containing specific charges by a majority vote of
15    all its members. Written notice of such charges, including
16    a bill of particulars and the teacher's right to request a
17    hearing, must be mailed to the teacher and also given to
18    the teacher either by certified mail, return receipt
19    requested, or personal delivery with receipt shall be
20    served upon the teacher within 5 days of the adoption of
21    the motion. Any written notice sent on or after July 1,
22    2012 shall inform the teacher of the right to request a
23    hearing before a mutually selected hearing officer, with
24    the cost of the hearing officer split equally between the
25    teacher and the board, or a hearing before a board-selected
26    hearing officer, with the cost of the hearing officer paid

 

 

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1    by the board. Such notice shall contain a bill of
2    particulars.
3        Before setting a hearing on charges stemming from
4    causes that are considered remediable, a board must give
5    the teacher reasonable warning in writing, stating
6    specifically the causes that, if not removed, may result in
7    charges; however, no such written warning is required if
8    the causes have been the subject of a remediation plan
9    pursuant to Article 24A of this Code.
10        If, in the opinion of the board, the interests of the
11    school require it, the board may suspend the teacher
12    without pay, pending the hearing, but if the board's
13    dismissal or removal is not sustained, the teacher shall
14    not suffer the loss of any salary or benefits by reason of
15    the suspension.
16        (2) No hearing upon the charges is required unless the
17    teacher within 17 10 days after receiving notice requests
18    in writing of the board that a hearing be scheduled before
19    a mutually selected hearing officer or a hearing officer
20    selected by the board , in which case the board shall
21    schedule a hearing on those charges before a disinterested
22    hearing officer on a date no less than 15 nor more than 30
23    days after the enactment of the motion. The secretary of
24    the school board shall forward a copy of the notice to the
25    State Board of Education.
26        (3) Within 5 business days after receiving a this

 

 

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1    notice of hearing in which either notice to the teacher was
2    sent before July 1, 2012 or, if the notice was sent on or
3    after July 1, 2012, the teacher has requested a hearing
4    before a mutually selected hearing officer, the State Board
5    of Education shall provide a list of 5 prospective,
6    impartial hearing officers from the master list of
7    qualified, impartial hearing officers maintained by the
8    State Board of Education. Each person on the master list
9    must (i) be accredited by a national arbitration
10    organization and have had a minimum of 5 years of
11    experience directly related to labor and employment
12    relations matters between educational employers and
13    educational employees or their exclusive bargaining
14    representatives and (ii) beginning September 1, 2012, have
15    participated in training provided or approved by the State
16    Board of Education for teacher dismissal hearing officers
17    so that he or she is familiar with issues generally
18    involved in evaluative and non-evaluative dismissals.
19        If notice to the teacher was sent before July 1, 2012
20    or, if the notice was sent on or after July 1, 2012, the
21    teacher has requested a hearing before a mutually selected
22    hearing officer, the board . No one on the list may be a
23    resident of the school district. The Board and the teacher
24    or their legal representatives within 3 business days shall
25    alternately strike one name from the list provided by the
26    State Board of Education until only one name remains.

 

 

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1    Unless waived by the teacher, the teacher shall have the
2    right to proceed first with the striking. Within 3 business
3    days of receipt of the first list provided by the State
4    Board of Education, the board and the teacher or their
5    legal representatives shall each have the right to reject
6    all prospective hearing officers named on the first list
7    and notify the State Board of Education of such rejection
8    to require the State Board of Education to provide a second
9    list of 5 prospective, impartial hearing officers, none of
10    whom were named on the first list. Within 3 business 5 days
11    after receiving this notification request for a second
12    list, the State Board of Education shall appoint a
13    qualified person from the master list who did not appear on
14    the list sent to the parties to serve as the hearing
15    officer, unless the parties notify it that they have chosen
16    to alternatively select a hearing officer under paragraph
17    (4) of this subsection (d) provide the second list of 5
18    prospective, impartial hearing officers. The procedure for
19    selecting a hearing officer from the second list shall be
20    the same as the procedure for the first list.
21        If the teacher has requested a hearing before a hearing
22    officer selected by the board, the board shall select one
23    name from the master list of qualified impartial hearing
24    officers maintained by the State Board of Education within
25    3 business days after receipt and shall notify the State
26    Board of Education of its selection.

 

 

SB0007 Enrolled- 42 -LRB097 06626 NHT 46711 b

1        A hearing officer mutually selected by the parties,
2    selected by the board, or selected through an alternative
3    selection process under paragraph (4) of this subsection
4    (d) (A) must not be a resident of the school district, (B)
5    must be available to commence the hearing within 75 days
6    and conclude the hearing within 120 days after being
7    selected as the hearing officer, and (C) must issue a
8    decision as to whether the teacher must be dismissed and
9    give a copy of that decision to both the teacher and the
10    board within 30 days from the conclusion of the hearing or
11    closure of the record, whichever is later.
12        (4) In the alternative to selecting a hearing officer
13    from the first or second list received from the State Board
14    of Education accepting the appointment of a hearing officer
15    by the State Board of Education or if the State Board of
16    Education cannot provide a list or appoint a hearing
17    officer that meets the foregoing requirements, the board
18    and the teacher or their legal representatives may mutually
19    agree to select an impartial hearing officer who is not on
20    the master a list received from the State Board of
21    Education either by direct appointment by the parties or by
22    using 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. Any person
10    selected by the parties under this alternative procedure
11    for the selection of a hearing officer shall not be a
12    resident of the school district and shall have the same
13    qualifications and authority as a hearing officer selected
14    from a list provided by the State Board of Education. The
15    State Board of Education shall promulgate uniform
16    standards and rules so that each party has a fair
17    opportunity to present its case and to ensure that the
18    dismissal process proceeds in a fair and expeditious manner
19    of procedure for such hearings. These rules shall address,
20    without limitation, discovery and hearing scheduling
21    conferences; the teacher's initial answer and affirmative
22    defenses to the bill of particulars and the updating of
23    that information after pre-hearing discovery; provision
24    for written interrogatories and requests for production of
25    documents; the requirement that each party initially
26    disclose to the other party and then update the disclosure

 

 

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1    no later than 10 calendar days prior to the commencement of
2    the hearing, the As to prehearing discovery, such rules and
3    regulations shall, at a minimum, allow for: (1) discovery
4    of names and addresses of persons who may be called as
5    expert witnesses at the hearing, a summary of the facts or
6    opinions each witness will testify to, and all other the
7    omission of any such name to result in a preclusion of the
8    testimony of such witness in the absence of a showing of
9    good cause and the express permission of the hearing
10    officer; (2) bills of particulars; (3) written
11    interrogatories; and (4) production of relevant documents
12    and materials, including information maintained
13    electronically, relevant to its own as well as the other
14    party's case (the hearing officer may exclude witnesses and
15    exhibits not identified and shared, except those offered in
16    rebuttal for which the party could not reasonably have
17    anticipated prior to the hearing); pre-hearing discovery
18    and preparation, including provision for written
19    interrogatories and requests for production of documents,
20    provided that discovery depositions are prohibited; the
21    conduct of the hearing; the right of each party to be
22    represented by counsel, the offer of evidence and witnesses
23    and the cross-examination of witnesses; the authority of
24    the hearing officer to issue subpoenas and subpoenas duces
25    tecum, provided that the hearing officer may limit the
26    number of witnesses to be subpoenaed on behalf of each

 

 

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

 

 

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1    including due to the other party's cross-examination of the
2    party's witnesses, for good cause or by mutual agreement of
3    the parties. The State Board of Education shall define in
4    rules the meaning of "day" for such purposes. The teacher
5    has the privilege of being present at the hearing with
6    counsel and of cross-examining witnesses and may offer
7    evidence and witnesses and present defenses to the charges.
8    The hearing officer may issue subpoenas and subpoenas duces
9    tecum requiring the attendance of witnesses and, at the
10    request of the teacher against whom a charge is made or the
11    board, shall issue such subpoenas, but the hearing officer
12    may limit the number of witnesses to be subpoenaed in
13    behalf of the teacher or the board to not more than 10. All
14    testimony at the hearing shall be taken under oath
15    administered by the hearing officer. The hearing officer
16    shall cause a record of the proceedings to be kept and
17    shall employ a competent reporter to take stenographic or
18    stenotype notes of all the testimony. The costs of the
19    reporter's attendance and services at the hearing shall be
20    paid by the party or parties who are responsible for paying
21    the fees and costs of the hearing officer State Board of
22    Education. Either party desiring a transcript of the
23    hearing shall pay for the cost thereof. Any post-hearing
24    briefs must be submitted by the parties by no later than 21
25    days after a party's receipt of the transcript of the
26    hearing, unless extended by the hearing officer for good

 

 

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1    cause or by mutual agreement of the parties.
2        (7) If in the opinion of the board the interests of the
3    school require it, the board may suspend the teacher
4    pending the hearing, but if acquitted the teacher shall not
5    suffer the loss of any salary by reason of the suspension.
6        Before setting a hearing on charges stemming from
7    causes that are considered remediable, a board must give
8    the teacher reasonable warning in writing, stating
9    specifically the causes which, if not removed, may result
10    in charges; however, no such written warning shall be
11    required if the causes have been the subject of a
12    remediation plan pursuant to Article 24A. The hearing
13    officer shall consider and give weight to all of the
14    teacher's evaluations written pursuant to Article 24A.The
15    hearing officer shall, within 30 days from the conclusion
16    of the hearing or closure of the record, whichever is
17    later, make a decision as to whether or not the teacher
18    shall be dismissed pursuant to Article 24A of this Code or
19    report to the school board findings of fact and a
20    recommendation as to whether or not the teacher shall be
21    dismissed for cause and shall give a copy of the decision
22    or findings of fact and recommendation to both the teacher
23    and the school board. If the hearing officer fails to
24    render a decision within 30 days, the State Board of
25    Education shall communicate with the hearing officer to
26    determine the date that the parties can reasonably expect

 

 

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1    to receive the decision. The State Board of Education shall
2    provide copies of all such communications to the parties.
3    In the event the hearing officer fails without good cause
4    to make a decision within the 30 day period, the name of
5    such hearing officer shall be struck for a period of not
6    more than 24 months from the master list of hearing
7    officers maintained by the State Board of Education. If a
8    hearing officer fails without good cause, specifically
9    provided in writing to both parties and the State Board of
10    Education, to render a decision or findings of fact and
11    recommendation within 30 days 3 months after the hearing is
12    concluded or the record is closed, whichever is later, the
13    State Board of Education shall provide the parties with a
14    new list of prospective, impartial hearing officers, with
15    the same qualifications provided herein, one of whom shall
16    be selected, as provided in this Section, to review the
17    record and render a decision. The parties may mutually
18    agree to select a hearing officer pursuant to the
19    alternative procedure, as provided in this Section, to
20    rehear the charges heard by the hearing officer who failed
21    to render a decision or findings of fact and recommendation
22    or to review the record and render a decision. If any the
23    hearing officer fails without good cause, specifically
24    provided in writing to both parties and the State Board of
25    Education, to render a decision or findings of fact and
26    recommendation within 30 days 3 months after the hearing is

 

 

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

 

 

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

 

 

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

 

 

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1    appeal in favor of the teacher, then the trial court shall
2    order reinstatement and shall remand the matter to
3    determine the amount for which the school board with
4    direction for entry of an order setting the amount of back
5    pay, lost benefits, and costs, less mitigation. The teacher
6    may challenge the school board's order setting the amount
7    of back pay, lost benefits, and costs, less mitigation,
8    through an expedited arbitration procedure, with the costs
9    of the arbitrator borne by the school board is liable
10    including but not limited to loss of income and costs
11    incurred therein.
12        Any teacher who is reinstated by any hearing or
13    adjudication brought under this Section shall be assigned
14    by the board to a position substantially similar to the one
15    which that teacher held prior to that teacher's suspension
16    or dismissal.
17        (11) The changes made by this amendatory Act of the
18    97th General Assembly shall apply to dismissals instituted
19    on or after September 1, 2011 or the effective date of this
20    amendatory Act of the 97th General Assembly, whichever is
21    later. Any dismissal instituted prior to the effective date
22    of these changes must be carried out in accordance with the
23    requirements of this Section prior to amendment by this
24    amendatory Act of 97th General Assembly.
25        If, by reason of any change in the boundaries of school
26    districts, or by reason of the creation of a new school

 

 

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1    district, the position held by any teacher having a
2    contractual continued service status is transferred from
3    one board to the control of a new or different board, the
4    contractual continued service status of such teacher is not
5    thereby lost, and such new or different board is subject to
6    this Act with respect to such teacher in the same manner as
7    if such teacher were its employee and had been its employee
8    during the time such teacher was actually employed by the
9    board from whose control the position was transferred.
10(Source: P.A. 89-618, eff. 8-9-96; 90-224, eff. 7-25-97.)
 
11    (105 ILCS 5/24-16)  (from Ch. 122, par. 24-16)
12    Sec. 24-16. Judicial review of administrative decision.
13The provisions of the Administrative Review Law, and all
14amendments and modifications thereof and the rules adopted
15pursuant thereto, shall apply to and govern all proceedings
16instituted for the judicial review of final administrative
17decisions of the a hearing officer for dismissals pursuant to
18Article 24A of this Code or of a school board for dismissal for
19cause under Section 24-12 of this Article. The term
20"administrative decision" is defined as in Section 3-101 of the
21Code of Civil Procedure.
22(Source: P.A. 82-783.)
 
23    (105 ILCS 5/24-16.5 new)
24    Sec. 24-16.5. Optional alternative evaluative dismissal

 

 

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1process for PERA evaluations.
2    (a) As used in this Section:
3    "Applicable hearing requirements" means, for any school
4district having less than 500,000 inhabitants or a program of a
5special education joint agreement, those procedures and
6requirements relating to a teacher's request for a hearing,
7selection of a hearing officer, pre-hearing and hearing
8procedures, and post-hearing briefs set forth in paragraphs (1)
9through (6) of subsection (d) of Section 24-12 of this Code.
10    "Board" means, for a school district having less than
11500,000 inhabitants or a program of a special education joint
12agreement, the board of directors, board of education, or board
13of school inspectors, as the case may be. For a school district
14having 500,000 inhabitants or more, "board" means the Chicago
15Board of Education.
16    "Evaluator" means an evaluator, as defined in Section
1724A-2.5 of this Code, who has successfully completed the
18pre-qualification program described in subsection (b) of
19Section 24A-3 of this Code.
20    "Hearing procedures" means, for a school district having
21500,000 inhabitants or more, those procedures and requirements
22relating to a teacher's request for a hearing, selection of a
23hearing officer, pre-hearing and hearing procedures, and
24post-hearing briefs set forth in paragraphs (1) through (5) of
25subsection (a) of Section 34-85 of this Code.
26    "PERA-trained board member" means a member of a board that

 

 

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

 

 

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1performance evaluation plan described in subdivisions (a) and
2(b) of Section 24A-5 of this Code, as may be supplemented by
3administrative rules adopted by the State Board of Education.
4    "Teacher representatives" means the exclusive bargaining
5representative of a school district's teachers or, if no
6exclusive bargaining representatives exists, a representative
7committee selected by teachers.
8    (b) This Section applies to all school districts, including
9those having 500,000 or more inhabitants. The optional
10dismissal process set forth in this Section is an alternative
11to those set forth in Sections 24-12 and 34-85 of this Code.
12Nothing in this Section is intended to change the existing
13practices or precedents under Section 24-12 or 34-85 of this
14Code, nor shall this Section be interpreted as implying
15standards and procedures that should or must be used as part of
16a remediation that precedes a dismissal sought under Section
1724-12 or 34-85 of this Code.
18    A board may dismiss a teacher who has entered upon
19contractual continued service under this Section if the
20following are met:
21        (1) the cause of dismissal is that the teacher has
22    failed to complete a remediation plan with a rating equal
23    to or better than a "Proficient" rating;
24        (2) the "Unsatisfactory" performance evaluation rating
25    that preceded remediation resulted from a PERA evaluation;
26    and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    requirements, have successfully completed the
2    pre-qualification program described in subsection (b) of
3    Section 24A-3 of this Code, unless the State Board of
4    Education waives this requirement to provide an adequate
5    pool of hearing officers for consideration.
6        (2) The scope of the hearing must be limited as
7    follows:
8            (A) The school district must demonstrate the
9        following:
10                (i) that the "Unsatisfactory" performance
11            evaluation rating that preceded remediation
12            applied the teacher practice components and
13            student growth components and determined an
14            overall evaluation rating of "Unsatisfactory" in
15            accordance with the standards and requirements of
16            the school district's evaluation plan;
17                (ii) that the remediation plan complied with
18            the requirements of Section 24A-5 of this Code;
19                (iii) that the teacher failed to complete the
20            remediation plan with a performance evaluation
21            rating equal to or better than a "Proficient"
22            rating, based upon a final remediation evaluation
23            meeting the applicable standards and requirements
24            of the school district's evaluation plan; and
25                (iv) that if the second evaluator selected
26            pursuant to paragraph (3) of subsection (c) of this

 

 

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1            Section does not conduct the mid-point and final
2            evaluation and makes an independent assessment
3            that the teacher completed the remediation plan
4            with a rating equal to or better than a
5            "Proficient" rating, the school district must
6            demonstrate that the final remediation evaluation
7            is a more valid assessment of the teacher's
8            performance than the assessment made by the second
9            evaluator.
10            (B) The teacher may only challenge the substantive
11        and procedural aspects of (i) the "Unsatisfactory"
12        performance evaluation rating that led to the
13        remediation, (ii) the remediation plan, and (iii) the
14        final remediation evaluation. To the extent the
15        teacher challenges procedural aspects, including any
16        in applicable collective bargaining agreement
17        provisions, of a relevant performance evaluation
18        rating or the remediation plan, the teacher must
19        demonstrate how an alleged procedural defect
20        materially affected the teacher's ability to
21        demonstrate a level of performance necessary to avoid
22        remediation or dismissal or successfully complete the
23        remediation plan. Without any such material effect, a
24        procedural defect shall not impact the assessment by
25        the hearing officer, board, or reviewing court of the
26        validity of a performance evaluation or a remediation

 

 

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1        plan.
2            (C) The hearing officer shall only consider and
3        give weight to performance evaluations relevant to the
4        scope of the hearing as described in clauses (A) and
5        (B) of this subdivision (2).
6        (3) Each party shall be given only 2 days to present
7    evidence and testimony relating to the scope of the
8    hearing, unless a longer period is mutually agreed to by
9    the parties or deemed necessary by the hearing officer to
10    enable a party to present adequate evidence and testimony
11    to address the scope of the hearing, including due to the
12    other party's cross-examination of the party's witnesses.
13    (e) The provisions of Sections 24-12 and 34-85 pertaining
14to the decision or recommendation of the hearing officer do not
15apply to dismissal proceedings under this Section. For any
16dismissal proceedings under this Section, the hearing officer
17shall not issue a decision, and shall issue only findings of
18fact and a recommendation, including the reasons therefor, to
19the board to either retain or dismiss the teacher and shall
20give a copy of the report to both the teacher and the
21superintendent of the school district. The hearing officer's
22findings of fact and recommendation must be issued within 30
23days from the close of the record of the hearing.
24    The State Board of Education shall adopt rules regarding
25the length of the hearing officer's findings of fact and
26recommendation. If a hearing officer fails without good cause,

 

 

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1specifically provided in writing to both parties and the State
2Board of Education, to render a recommendation within 30 days
3after the hearing is concluded or the record is closed,
4whichever is later, the parties may mutually agree to select a
5hearing officer pursuant to the alternative procedure, as
6provided in Section 24-12 or 34-85, to rehear the charges heard
7by the hearing officer who failed to render a recommendation or
8to review the record and render a recommendation. If any
9hearing officer fails without good cause, specifically
10provided in writing to both parties and the State Board of
11Education, to render a recommendation within 30 days after the
12hearing is concluded or the record is closed, whichever is
13later, the hearing officer shall be removed from the master
14list of hearing officers maintained by the State Board of
15Education for not more than 24 months. The parties and the
16State Board of Education may also take such other actions as it
17deems appropriate, including recovering, reducing, or
18withholding any fees paid or to be paid to the hearing officer.
19If any hearing officer repeats such failure, he or she shall be
20permanently removed from the master list of hearing officers
21maintained by the State Board of Education.
22    (f) The board, within 45 days after receipt of the hearing
23officer's findings of fact and recommendation, shall decide,
24through adoption of a written order, whether the teacher must
25be dismissed from its employ or retained, provided that only
26PERA-trained board members may participate in the vote with

 

 

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1respect to the decision.
2    If the board dismisses the teacher notwithstanding the
3hearing officer's recommendation of retention, the board shall
4make a conclusion, giving its reasons therefor, and such
5conclusion and reasons must be included in its written order.
6The failure of the board to strictly adhere to the timelines
7contained in this Section does not render it without
8jurisdiction to dismiss the teacher. The board shall not lose
9jurisdiction to discharge the teacher if the hearing officer
10fails to render a recommendation within the time specified in
11this Section. The decision of the board is final, unless
12reviewed as provided in subsection (g) of this Section.
13    If the board retains the teacher, the board shall enter a
14written order stating the amount of back pay and lost benefits,
15less mitigation, to be paid to the teacher, within 45 days of
16its retention order.
17    (g) A teacher dismissed under this Section may apply for
18and obtain judicial review of a decision of the board in
19accordance with the provisions of the Administrative Review
20Law, except as follows:
21        (1) for a teacher dismissed by a school district having
22    500,000 inhabitants or more, such judicial review must be
23    taken directly to the appellate court of the judicial
24    district in which the board maintains its primary
25    administrative office, and any direct appeal to the
26    appellate court must be filed within 35 days from the date

 

 

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1    that a copy of the decision sought to be reviewed was
2    served upon the teacher;
3        (2) for a teacher dismissed by a school district having
4    less than 500,000 inhabitants after the hearing officer
5    recommended dismissal, such judicial review must be taken
6    directly to the appellate court of the judicial district in
7    which the board maintains its primary administrative
8    office, and any direct appeal to the appellate court must
9    be filed within 35 days from the date that a copy of the
10    decision sought to be reviewed was served upon the teacher;
11    and
12        (3) for all school districts, if the hearing officer
13    recommended dismissal, the decision of the board may be
14    reversed only if it is found to be arbitrary, capricious,
15    an abuse of discretion, or not in accordance with law.
16    In the event judicial review is instituted by a teacher,
17any costs of preparing and filing the record of proceedings
18must be paid by the teacher. If a decision of the board is
19adjudicated upon judicial review in favor of the teacher, then
20the court shall remand the matter to the board with direction
21for entry of an order setting the amount of back pay, lost
22benefits, and costs, less mitigation. The teacher may challenge
23the board's order setting the amount of back pay, lost
24benefits, and costs, less mitigation, through an expedited
25arbitration procedure with the costs of the arbitrator borne by
26the board.
 

 

 

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1    (105 ILCS 5/24A-2.5)
2    Sec. 24A-2.5. Definitions. In this Article:
3    "Evaluator" means:
4        (1) an administrator qualified under Section 24A-3; or
5        (2) other individuals qualified under Section 24A-3,
6    provided that, if such other individuals are in the
7    bargaining unit of a district's teachers, the district and
8    the exclusive bargaining representative of that unit must
9    agree to those individuals evaluating other bargaining
10    unit members.
11    Notwithstanding anything to the contrary in item (2) of
12this definition, a school district operating under Article 34
13of this Code may require department chairs qualified under
14Section 24A-3 to evaluate teachers in their department or
15departments, provided that the school district shall bargain
16with the bargaining representative of its teachers over the
17impact and effects on department chairs of such a requirement.
18    "Implementation date" means, unless otherwise specified
19and provided that the requirements set forth in subsection (d)
20of Section 24A-20 have been met:
21        (1) For school districts having 500,000 or more
22    inhabitants, in at least 300 schools by September 1, 2012
23    and in the remaining schools by September 1, 2013.
24        (2) For school districts having less than 500,000
25    inhabitants and receiving a Race to the Top Grant or School

 

 

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1    Improvement Grant after the effective date of this
2    amendatory Act of the 96th General Assembly, the date
3    specified in those grants for implementing an evaluation
4    system for teachers and principals incorporating student
5    growth as a significant factor.
6        (3) For the lowest performing 20% percent of remaining
7    school districts having less than 500,000 inhabitants
8    (with the measure of and school year or years used for
9    school district performance to be determined by the State
10    Superintendent of Education at a time determined by the
11    State Superintendent), September 1, 2015.
12        (4) For all other school districts having less than
13    500,000 inhabitants, September 1, 2016.
14    Notwithstanding items (3) and (4) of this definition, a
15school district and the exclusive bargaining representative of
16its teachers may jointly agree in writing to an earlier
17implementation date, provided that such date must not be
18earlier than September 1, 2013. The written agreement of the
19district and the exclusive bargaining representative must be
20transmitted to the State Board of Education.
21    "Race to the Top Grant" means a grant made by the Secretary
22of the U.S. Department of Education for the program first
23funded pursuant to paragraph (2) of Section 14006(a) of the
24American Recovery and Reinvestment Act of 2009.
25    "School Improvement Grant" means a grant made by the
26Secretary of the U.S. Department of Education pursuant to

 

 

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1Section 1003(g) of the Elementary and Secondary Education Act.
2(Source: P.A. 96-861, eff. 1-15-10.)
 
3    (105 ILCS 5/24A-5)  (from Ch. 122, par. 24A-5)
4    Sec. 24A-5. Content of evaluation plans. This Section does
5not apply to teachers assigned to schools identified in an
6agreement entered into between the board of a school district
7operating under Article 34 of this Code and the exclusive
8representative of the district's teachers in accordance with
9Section 34-85c of this Code.
10    Each school district to which this Article applies shall
11establish a teacher evaluation plan which ensures that each
12teacher in contractual continued service is evaluated at least
13once in the course of every 2 school years.
14    By no later than September 1, 2012, each school district
15shall establish a teacher evaluation plan that ensures that:
16        (1) each teacher not in contractual continued service
17    is evaluated at least once every school year; and
18        (2) each teacher in contractual continued service is
19    evaluated at least once in the course of every 2 school
20    years. However, any teacher in contractual continued
21    service whose performance is rated as either "needs
22    improvement" or "unsatisfactory" must be evaluated at
23    least once in the school year following the receipt of such
24    rating.
25    Notwithstanding anything to the contrary in this Section or

 

 

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1any other Section of the School Code, a principal shall not be
2prohibited from evaluating any teachers within a school during
3his or her first year as principal of such school.
4    The evaluation plan shall comply with the requirements of
5this Section and of any rules adopted by the State Board of
6Education pursuant to this Section.
7    The plan shall include a description of each teacher's
8duties and responsibilities and of the standards to which that
9teacher is expected to conform, and shall include at least the
10following components:
11        (a) personal observation of the teacher in the
12    classroom by the evaluator, unless the teacher has no
13    classroom duties.
14        (b) consideration of the teacher's attendance,
15    planning, instructional methods, classroom management,
16    where relevant, and competency in the subject matter
17    taught.
18        (c) by no later than the applicable implementation
19    date, consideration of student growth as a significant
20    factor in the rating of the teacher's performance.
21        (d) prior to September 1, 2012, rating of the
22    performance of teachers in contractual continued service
23    as either:
24            (i) "excellent", "satisfactory" or
25        "unsatisfactory"; or
26            (ii) "excellent", "proficient", "needs

 

 

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1        improvement" or "unsatisfactory".
2        (e) on and after September 1, 2012, rating of the
3    performance of all teachers in contractual continued
4    service as "excellent", "proficient", "needs improvement"
5    or "unsatisfactory".
6        (f) specification as to the teacher's strengths and
7    weaknesses, with supporting reasons for the comments made.
8        (g) inclusion of a copy of the evaluation in the
9    teacher's personnel file and provision of a copy to the
10    teacher.
11        (h) within 30 school days after the completion of an
12    evaluation rating a teacher in contractual continued
13    service as "needs improvement", development by the
14    evaluator, in consultation with the teacher, and taking
15    into account the teacher's on-going professional
16    responsibilities including his or her regular teaching
17    assignments, of a professional development plan directed
18    to the areas that need improvement and any supports that
19    the district will provide to address the areas identified
20    as needing improvement.
21        (i) within 30 school days after completion of an
22    evaluation rating a teacher in contractual continued
23    service as "unsatisfactory", development and commencement
24    by the district of a remediation plan designed to correct
25    deficiencies cited, provided the deficiencies are deemed
26    remediable. In all school districts the remediation plan

 

 

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1    for unsatisfactory, tenured teachers shall provide for 90
2    school days of remediation within the classroom, unless an
3    applicable collective bargaining agreement provides for a
4    shorter duration. In all school districts evaluations
5    issued pursuant to this Section shall be issued within 10
6    days after the conclusion of the respective remediation
7    plan. However, the school board or other governing
8    authority of the district shall not lose jurisdiction to
9    discharge a teacher in the event the evaluation is not
10    issued within 10 days after the conclusion of the
11    respective remediation plan.
12        (j) participation in the remediation plan by the
13    teacher in contractual continued service rated
14    "unsatisfactory", an evaluator and a consulting teacher
15    selected by the evaluator of the teacher who was rated
16    "unsatisfactory", which consulting teacher is an
17    educational employee as defined in the Educational Labor
18    Relations Act, has at least 5 years' teaching experience,
19    and a reasonable familiarity with the assignment of the
20    teacher being evaluated, and who received an "excellent"
21    rating on his or her most recent evaluation. Where no
22    teachers who meet these criteria are available within the
23    district, the district shall request and the applicable
24    regional office of education shall supply, to participate
25    in the remediation process, an individual who meets these
26    criteria.

 

 

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

 

 

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1    evaluator. The consulting teacher shall provide advice to
2    the teacher rated "unsatisfactory" on how to improve
3    teaching skills and to successfully complete the
4    remediation plan. The consulting teacher shall participate
5    in developing the remediation plan, but the final decision
6    as to the evaluation shall be done solely by the evaluator,
7    unless an applicable collective bargaining agreement
8    provides to the contrary. Evaluations at the conclusion of
9    the remediation process shall be separate and distinct from
10    the required annual evaluations of teachers and shall not
11    be subject to the guidelines and procedures relating to
12    those annual evaluations. The evaluator may but is not
13    required to use the forms provided for the annual
14    evaluation of teachers in the district's evaluation plan.
15        (l) reinstatement to the evaluation schedule set forth
16    in the district's evaluation plan for any teacher in
17    contractual continued service who achieves a rating equal
18    to or better than "satisfactory" or "proficient" in the
19    school year following a rating of "needs improvement" or
20    "unsatisfactory".
21        (m) dismissal in accordance with subsection (d) of
22    Section 24-12 or Section 24-16.5 or 34-85 of this the
23    School Code of any teacher who fails to complete any
24    applicable remediation plan with a rating equal to or
25    better than a "satisfactory" or "proficient" rating.
26    Districts and teachers subject to dismissal hearings are

 

 

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1    precluded from compelling the testimony of consulting
2    teachers at such hearings under subsection (d) of Section
3    24-12 or Section 24-16.5 or 34-85 of this Code, either as
4    to the rating process or for opinions of performances by
5    teachers under remediation.
6        (n) After the implementation date of an evaluation
7    system for teachers in a district as specified in Section
8    24A-2.5 of this Code, if a teacher in contractual continued
9    service successfully completes a remediation plan
10    following a rating of "unsatisfactory" and receives a
11    subsequent rating of "unsatisfactory" in any of the
12    teacher's annual or biannual overall performance
13    evaluation ratings received during the 36-month period
14    following the teacher's completion of the remediation
15    plan, then the school district may forego remediation and
16    seek dismissal in accordance with subsection (d) of Section
17    24-12 or Section 34-85 of this Code.
18    Nothing in this Section or Section 24A-4 shall be construed
19as preventing immediate dismissal of a teacher for deficiencies
20which are deemed irremediable or for actions which are
21injurious to or endanger the health or person of students in
22the classroom or school, or preventing the dismissal or
23non-renewal of teachers not in contractual continued service
24for any reason not prohibited by applicable employment, labor,
25and civil rights laws. Failure to strictly comply with the time
26requirements contained in Section 24A-5 shall not invalidate

 

 

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1the results of the remediation plan.
2(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10;
396-1423, eff. 8-3-10.)
 
4    (105 ILCS 5/34-84)  (from Ch. 122, par. 34-84)
5    Sec. 34-84. Appointments and promotions of teachers.
6Appointments and promotions of teachers shall be made for merit
7only, and after satisfactory service for a probationary period
8of 3 years with respect to probationary employees employed as
9full-time teachers in the public school system of the district
10before January 1, 1998 and 4 years with respect to probationary
11employees who are first employed as full-time teachers in the
12public school system of the district on or after January 1,
131998, (during which period the board may dismiss or discharge
14any such probationary employee upon the recommendation,
15accompanied by the written reasons therefor, of the general
16superintendent of schools and after which period ) appointments
17of teachers shall become permanent, subject to removal for
18cause in the manner provided by Section 34-85.
19    For a probationary-appointed teacher in full-time service
20who is appointed on or after July 1, 2013 and who receives
21ratings of "excellent" during his or her first 3 school terms
22of full-time service, the probationary period shall be 3 school
23terms of full-time service. For a probationary-appointed
24teacher in full-time service who is appointed on or after July
251, 2013 and who had previously entered into contractual

 

 

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1continued service in another school district in this State or a
2program of a special education joint agreement in this State,
3as defined in Section 24-11 of this Code, the probationary
4period shall be 2 school terms of full-time service, provided
5that (i) the teacher voluntarily resigned or was honorably
6dismissed from the prior district or program within the 3-month
7period preceding his or her appointment date, (ii) the
8teacher's last 2 ratings in the prior district or program were
9at least "proficient" and were issued after the prior
10district's or program's PERA implementation date, as defined in
11Section 24-11 of this Code, and (iii) the teacher receives
12ratings of "excellent" during his or her first 2 school terms
13of full-time service.
14    For a probationary-appointed teacher in full-time service
15who is appointed on or after July 1, 2013 and who has not
16entered into contractual continued service after 2 or 3 school
17terms of full-time service as provided in this Section, the
18probationary period shall be 4 school terms of full-time
19service, provided that the teacher receives a rating of at
20least "proficient" in the last school term and a rating of at
21least "proficient" in either the second or third school term.
22    As used in this Section, "school term" means the school
23term established by the board pursuant to Section 10-19 of this
24Code, and "full-time service" means the teacher has actually
25worked at least 150 days during the school term. As used in
26this Article, "teachers" means and includes all members of the

 

 

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1teaching force excluding the general superintendent and
2principals.
3    There shall be no reduction in teachers because of a
4decrease in student membership or a change in subject
5requirements within the attendance center organization after
6the 20th day following the first day of the school year, except
7that: (1) this provision shall not apply to desegregation
8positions, special education positions, or any other positions
9funded by State or federal categorical funds, and (2) at
10attendance centers maintaining any of grades 9 through 12,
11there may be a second reduction in teachers on the first day of
12the second semester of the regular school term because of a
13decrease in student membership or a change in subject
14requirements within the attendance center organization.
15    The school principal shall make the decision in selecting
16teachers to fill new and vacant positions consistent with
17Section 34-8.1.
18(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
 
19    (105 ILCS 5/34-85)  (from Ch. 122, par. 34-85)
20    Sec. 34-85. Removal for cause; Notice and hearing;
21Suspension.
22    (a) No teacher employed by the board of education shall
23(after serving the probationary period specified in Section
2434-84) be removed except for cause. Teachers (who have
25completed the probationary period specified in Section 34-84 of

 

 

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1this Code) shall be removed for cause in accordance with the
2procedures set forth in this Section or, at the board's option,
3the procedures set forth in Section 24-16.5 of this Code or
4such other procedures established in an agreement entered into
5between the board and the exclusive representative of the
6district's teachers under Section 34-85c of this Code for
7teachers (who have completed the probationary period specified
8in Section 34-84 of this Code) assigned to schools identified
9in that agreement. No principal employed by the board of
10education shall be removed during the term of his or her
11performance contract except for cause, which may include but is
12not limited to the principal's repeated failure to implement
13the school improvement plan or to comply with the provisions of
14the Uniform Performance Contract, including additional
15criteria established by the Council for inclusion in the
16performance contract pursuant to Section 34-2.3.
17    Before service of notice of charges on account of causes
18that may be deemed to be remediable, the teacher or principal
19must be given reasonable warning in writing, stating
20specifically the causes that, if not removed, may result in
21charges; however, no such written warning is required if the
22causes have been the subject of a remediation plan pursuant to
23Article 24A of this Code or if the board and the exclusive
24representative of the district's teachers have entered into an
25agreement pursuant to Section 34-85c of this Code, pursuant to
26an alternative system of remediation. No written warning shall

 

 

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1be required for conduct on the part of a teacher or principal
2that is cruel, immoral, negligent, or criminal or that in any
3way causes psychological or physical harm or injury to a
4student, as that conduct is deemed to be irremediable. No
5written warning shall be required for a material breach of the
6uniform principal performance contract, as that conduct is
7deemed to be irremediable; provided that not less than 30 days
8before the vote of the local school council to seek the
9dismissal of a principal for a material breach of a uniform
10principal performance contract, the local school council shall
11specify the nature of the alleged breach in writing and provide
12a copy of it to the principal.
13        (1) To initiate dismissal proceedings against a
14    teacher or principal, the The general superintendent must
15    first approve written charges and specifications against
16    the teacher or principal. A local school council may direct
17    the general superintendent to approve written charges
18    against its principal on behalf of the Council upon the
19    vote of 7 members of the Council. The general
20    superintendent must approve those charges within 45
21    calendar days or provide a written reason for not approving
22    those charges. A written notice of those charges, including
23    specifications, shall be served upon the teacher or
24    principal within 10 business days of the approval of the
25    charges. Any written notice sent on or after July 1, 2012
26    shall also inform the teacher or principal of the right to

 

 

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1    request a hearing before a mutually selected hearing
2    officer, with the cost of the hearing officer split equally
3    between the teacher or principal and the board, or a
4    hearing before a qualified hearing officer chosen by the
5    general superintendent, with the cost of the hearing
6    officer paid by the board. If the teacher or principal
7    cannot be found upon diligent inquiry, such charges may be
8    served upon him by mailing a copy thereof in a sealed
9    envelope by prepaid certified mail, return receipt
10    requested, to the teacher's or principal's last known
11    address. A return receipt showing delivery to such address
12    within 20 calendar days after the date of the approval of
13    the charges shall constitute proof of service.
14        (2) No hearing upon the charges is required unless the
15    teacher or principal within 17 calendar 10 days after
16    receiving notice requests in writing of the general
17    superintendent that a hearing be scheduled, in which case
18    the general superintendent shall schedule a hearing on
19    those charges before a disinterested hearing officer on a
20    date no less than 15 nor more than 30 days after the
21    approval of the charges. Pending the hearing of the
22    charges, the general superintendent or his or her designee
23    may suspend the teacher or principal charged without pay in
24    accordance with rules prescribed by the board, provided
25    that if the teacher or principal charged is not dismissed
26    based on the charges, he or she must be made whole for lost

 

 

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

 

 

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1        (3) Within 5 business days after receiving the notice
2    of request for a hearing, the The general superintendent
3    and the teacher or principal or their legal representatives
4    within 3 days from receipt of the list shall alternately
5    strike one name from the list until only one name remains.
6    Unless waived by the teacher, the teacher or principal
7    shall have the right to proceed first with the striking. If
8    the teacher or principal fails to participate in the
9    striking process, the general superintendent shall either
10    select the hearing officer from the list developed pursuant
11    to this paragraph (3) or select another qualified hearing
12    officer from the master list maintained by the State Board
13    of Education pursuant to subsection (c) of Section 24-12 of
14    this Code. Within 3 days of receipt of the first list
15    provided by the State Board of Education, the general
16    superintendent and the teacher or principal or their legal
17    representatives shall each have the right to reject all
18    prospective hearing officers named on the first list and to
19    require the State Board of Education to provide a second
20    list of 5 prospective, impartial hearing officers, none of
21    whom were named on the first list. Within 5 days after
22    receiving this request for a second list, the State Board
23    of Education shall provide the second list of 5
24    prospective, impartial hearing officers. The procedure for
25    selecting a hearing officer from the second list shall be
26    the same as the procedure for the first list. Each party

 

 

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1    shall promptly serve written notice on the other of any
2    name stricken from the list. If the teacher or principal
3    fails to do so, the general superintendent may select the
4    hearing officer from any name remaining on the list. The
5    teacher or principal may waive the hearing at any time
6    prior to the appointment of the hearing officer. Notice of
7    the selection of the hearing officer shall be given to the
8    State Board of Education. The hearing officer shall be
9    notified of his selection by the State Board of Education.
10    A signed acceptance shall be filed with the State Board of
11    Education within 5 days of receipt of notice of the
12    selection. The State Board of Education shall notify the
13    teacher or principal and the board of its appointment of
14    the hearing officer. In the alternative to selecting a
15    hearing officer from the first or second list received from
16    the State Board of Education, the general superintendent
17    and the teacher or principal or their legal representatives
18    may mutually agree to select an impartial hearing officer
19    who is not on a list received from the State Board of
20    Education, either by direct appointment by the parties or
21    by using procedures for the appointment of an arbitrator
22    established by the Federal Mediation and Conciliation
23    Service or the American Arbitration Association. The
24    parties shall notify the State Board of Education of their
25    intent to select a hearing officer using an alternative
26    procedure within 3 days of receipt of a list of prospective

 

 

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1    hearing officers provided by the State Board of Education.
2    Any person selected by the parties under this alternative
3    procedure for the selection of a hearing officer shall have
4    the same qualifications and authority as a hearing officer
5    selected from a list provided by the State Board of
6    Education. The teacher or principal may waive the hearing
7    at any time prior to the appointment of the hearing
8    officer. The State Board of Education shall promulgate
9    uniform standards and rules of procedure for such hearings,
10    including reasonable rules of discovery.
11        (4) If the notice of dismissal was sent to the teacher
12    or principal before July 1, 2012, the fees and costs The
13    per diem allowance for the hearing officer shall be paid by
14    the State Board of Education. If the notice of dismissal
15    was sent to the teacher or principal on or after July 1,
16    2012, the hearing officer's fees and costs must be paid as
17    follows in this paragraph (4). The fees and permissible
18    costs for the hearing officer shall be determined by the
19    State Board of Education. If the hearing officer is
20    mutually selected by the parties through alternate
21    striking in accordance with paragraph (3) of this
22    subsection (a), then the board and the teacher or their
23    legal representative shall each pay 50% of the fees and
24    costs and any supplemental allowance to which they agree.
25    If the hearing officer is selected by The hearing officer
26    shall hold a hearing and render findings of fact and a

 

 

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1    recommendation to the general superintendent without the
2    participation of the teacher or principal, then the board
3    shall pay 100% of the hearing officer fees and costs. The
4    hearing officer shall submit for payment a billing
5    statement to the parties that itemizes the charges and
6    expenses and divides them in accordance with this Section.
7        (5) The teacher or the principal charged is required to
8    answer the charges and specifications and aver affirmative
9    matters in his or her defense, and the time for doing so
10    must be set by the hearing officer. The State Board of
11    Education shall adopt rules so that each party has a fair
12    opportunity to present its case and to ensure that the
13    dismissal proceeding is concluded in an expeditious
14    manner. The rules shall address, without limitation, the
15    teacher or principal's answer and affirmative defenses to
16    the charges and specifications; a requirement that each
17    party make mandatory disclosures without request to the
18    other party and then update the disclosure no later than 10
19    calendar days prior to the commencement of the hearing,
20    including a list of the names and addresses of persons who
21    may be called as witnesses at the hearing, a summary of the
22    facts or opinions each witness will testify to, and all
23    other documents and materials, including information
24    maintained electronically, relevant to its own as well as
25    the other party's case (the hearing officer may exclude
26    witnesses and exhibits not identified and shared, except

 

 

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1    those offered in rebuttal for which the party could not
2    reasonably have anticipated prior to the hearing);
3    pre-hearing discovery and preparation, including provision
4    for written interrogatories and requests for production of
5    documents, provided that discovery depositions are
6    prohibited; the conduct of the hearing; the right of each
7    party to be represented by counsel, the offer of evidence
8    and witnesses and the cross-examination of witnesses; the
9    authority of the hearing officer to issue subpoenas and
10    subpoenas duces tecum, provided that the hearing officer
11    may limit the number of witnesses to be subpoenaed in
12    behalf of each party to no more than 7; the length of
13    post-hearing briefs; and the form, length, and content of
14    hearing officers' reports and recommendations to the
15    general superintendent.
16        The hearing officer shall commence the hearing within
17    75 calendar days and conclude the hearing within 120
18    calendar days after being selected by the parties as the
19    hearing officer, provided that these timelines may be
20    modified upon the showing of good cause or mutual agreement
21    of the parties. Good cause for the purposes of this
22    paragraph (5) shall mean the illness or otherwise
23    unavoidable emergency of the teacher, district
24    representative, their legal representatives, the hearing
25    officer, or an essential witness as indicated in each
26    party's pre-hearing submission. In a dismissal hearing,

 

 

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1    the hearing officer shall consider and give weight to all
2    of the teacher's evaluations written pursuant to Article
3    24A that are relevant to the issues in the hearing. The
4    teacher or principal has the privilege of being present at
5    the hearing with counsel and of cross-examining witnesses
6    and may offer evidence and witnesses and present defenses
7    to the charges. Each party shall have no more than 3 days
8    to present its case, unless extended by the hearing officer
9    to enable a party to present adequate evidence and
10    testimony, including due to the other party's
11    cross-examination of the party's witnesses, for good cause
12    or by mutual agreement of the parties. The State Board of
13    Education shall define in rules the meaning of "day" for
14    such purposes. The hearing officer may issue subpoenas
15    requiring the attendance of witnesses and, at the request
16    of the teacher or principal against whom a charge is made
17    or the general superintendent, shall issue such subpoenas,
18    but the hearing officer may limit the number of witnesses
19    to be subpoenaed in behalf of the teacher or principal or
20    the general superintendent to not more than 10 each. All
21    testimony at the hearing shall be taken under oath
22    administered by the hearing officer. The hearing officer
23    shall cause a record of the proceedings to be kept and
24    shall employ a competent reporter to take stenographic or
25    stenotype notes of all the testimony. The costs of the
26    reporter's attendance and services at the hearing shall be

 

 

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1    paid by the party or parties who are paying the fees and
2    costs of the hearing officer State Board of Education.
3    Either party desiring a transcript of the hearing shall pay
4    for the cost thereof. At the close of the hearing, the
5    hearing officer shall direct the parties to submit
6    post-hearing briefs no later than 21 calendar days after
7    receipt of the transcript. Either or both parties may waive
8    submission of briefs.
9        Pending the hearing of the charges, the person charged
10    may be suspended in accordance with rules prescribed by the
11    board but such person, if acquitted, shall not suffer any
12    loss of salary by reason of the suspension.
13        Before service of notice of charges on account of
14    causes that may be deemed to be remediable, the teacher or
15    principal shall be given reasonable warning in writing,
16    stating specifically the causes which, if not removed, may
17    result in charges; however, no such written warning shall
18    be required if the causes have been the subject of a
19    remediation plan pursuant to Article 24A or where the board
20    of education and the exclusive representative of the
21    district's teachers have entered into an agreement
22    pursuant to Section 34-85c of this Code, pursuant to an
23    alternative system of remediation. No written warning
24    shall be required for conduct on the part of a teacher or
25    principal which is cruel, immoral, negligent, or criminal
26    or which in any way causes psychological or physical harm

 

 

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1    or injury to a student as that conduct is deemed to be
2    irremediable. No written warning shall be required for a
3    material breach of the uniform principal performance
4    contract as that conduct is deemed to be irremediable;
5    provided however, that not less than 30 days before the
6    vote of the local school council to seek the dismissal of a
7    principal for a material breach of a uniform principal
8    performance contract, the local school council shall
9    specify the nature of the alleged breach in writing and
10    provide a copy of it to the principal.
11        The hearing officer shall consider and give weight to
12    all of the teacher's evaluations written pursuant to
13    Article 24A.
14        (6) The hearing officer shall within 30 calendar 45
15    days from the conclusion of the hearing report to the
16    general superintendent findings of fact and a
17    recommendation as to whether or not the teacher or
18    principal shall be dismissed and shall give a copy of the
19    report to both the teacher or principal and the general
20    superintendent. The State Board of Education shall provide
21    by rule the form of the hearing officer's report and
22    recommendation.
23        (7) The board, within 45 days of receipt of the hearing
24    officer's findings of fact and recommendation, shall make a
25    decision as to whether the teacher or principal shall be
26    dismissed from its employ. The failure of the board to

 

 

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1    strictly adhere to the timeliness contained herein shall
2    not render it without jurisdiction to dismiss the teacher
3    or principal. In the event that the board declines to
4    dismiss the teacher or principal after review of a hearing
5    officer's recommendation, the board shall set the amount of
6    back pay and benefits to award the teacher or principal,
7    which shall include offsets for interim earnings and
8    failure to mitigate losses. The board shall establish
9    procedures for the teacher's or principal's submission of
10    evidence to it regarding lost earnings, lost benefits,
11    mitigation, and offsets. If the hearing officer fails to
12    render a decision within 45 days, the State Board of
13    Education shall communicate with the hearing officer to
14    determine the date that the parties can reasonably expect
15    to receive the decision. The State Board of Education shall
16    provide copies of all such communications to the parties.
17    In the event the hearing officer fails without good cause
18    to make a decision within the 45 day period, the name of
19    such hearing officer shall be struck for a period not less
20    than 24 months from the master list of hearing officers
21    maintained by the State Board of Education. The board shall
22    not lose jurisdiction to discharge the teacher or principal
23    if the hearing officer fails to render a decision within
24    the time specified in this Section. If a hearing officer
25    fails to render a decision within 3 months after the
26    hearing is declared closed, the State Board of Education

 

 

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1    shall provide the parties with a new list of prospective,
2    impartial hearing officers, with the same qualifications
3    provided herein, one of whom shall be selected, as provided
4    in this Section, to rehear the charges heard by the hearing
5    officer who failed to render a decision. The parties may
6    also select a hearing officer pursuant to the alternative
7    procedure, as provided in this Section, to rehear the
8    charges heard by the hearing officer who failed to render a
9    decision. A violation of the professional standards set
10    forth in "The Code of Professional Responsibility for
11    Arbitrators of Labor-Management Disputes", of the National
12    Academy of Arbitrators, the American Arbitration
13    Association, and the Federal Mediation and Conciliation
14    Service, or the failure of a hearing officer to render a
15    decision within 3 months after the hearing is declared
16    closed shall be grounds for removal of the hearing officer
17    from the master list of hearing officers maintained by the
18    State Board of Education. The decision of the board is
19    final unless reviewed in accordance with paragraph (8) of
20    this subsection (a) as provided in Section 34-85b of this
21    Act.
22        (8) The teacher may seek judicial review of the board's
23    decision in accordance with the Administrative Review Law,
24    which is specifically incorporated in this Section, except
25    that the review must be initiated in the Illinois Appellate
26    Court for the First District. In the event judicial review

 

 

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1    is instituted, any costs of preparing and filing the record
2    of proceedings shall be paid by the party instituting the
3    review. In the event the appellate court reverses a board
4    decision to dismiss a teacher or principal and directs the
5    board to pay the teacher or the principal back pay and
6    benefits, the appellate court shall remand the matter to
7    the board to issue an administrative decision as to the
8    amount of back pay and benefits, which shall include a
9    calculation of the lost earnings, lost benefits,
10    mitigation, and offsets based on evidence submitted to the
11    board in accordance with procedures established by the
12    board. If a decision of the board is adjudicated upon
13    review or appeal in favor of the teacher or principal, then
14    the trial court shall order reinstatement and shall
15    determine the amount for which the board is liable
16    including but not limited to loss of income and costs
17    incurred therein.
18    (b) Nothing in this Section affects the validity of removal
19for cause hearings commenced prior to the effective date of
20this amendatory Act of the 97th General Assembly 1978.
21    The changes made by this amendatory Act of the 97th General
22Assembly shall apply to dismissals instituted on or after
23September 1, 2011 or the effective date of this amendatory Act
24of the 97th General Assembly, whichever is later. Any dismissal
25instituted prior to the effective date of these changes must be
26carried out in accordance with the requirements of this Section

 

 

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1prior to amendment by this amendatory Act of 97th General
2Assembly.
3(Source: P.A. 95-510, eff. 8-28-07.)
 
4    (105 ILCS 5/34-85c)
5    Sec. 34-85c. Alternative procedures for teacher
6evaluation, remediation, and removal for cause after
7remediation.
8    (a) Notwithstanding any law to the contrary, the board and
9the exclusive representative of the district's teachers are
10hereby authorized to enter into an agreement to establish
11alternative procedures for teacher evaluation, remediation,
12and removal for cause after remediation, including an
13alternative system for peer evaluation and recommendations;
14provided, however, that no later than September 1, 2012: (i)
15any alternative procedures must include provisions whereby
16student performance data is a significant factor in teacher
17evaluation and (ii) teachers are rated as "excellent",
18"proficient", "needs improvement" or "unsatisfactory".
19Pursuant exclusively to that agreement, teachers assigned to
20schools identified in that agreement shall be subject to an
21alternative performance evaluation plan and remediation
22procedures in lieu of the plan and procedures set forth in
23Article 24A of this Code and alternative removal for cause
24standards and procedures in lieu of the removal standards and
25procedures set forth in Section Sections 34-85 and 34-85b of

 

 

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1this Code. To the extent that the agreement provides a teacher
2with an opportunity for a hearing on removal for cause before
3an independent hearing officer in accordance with Section
4Sections 34-85 and 34-85b or otherwise, the hearing officer
5shall be governed by the alternative performance evaluation
6plan, remediation procedures, and removal standards and
7procedures set forth in the agreement in making findings of
8fact and a recommendation.
9    (b) The board and the exclusive representative of the
10district's teachers shall submit a certified copy of an
11agreement as provided under subsection (a) of this Section to
12the State Board of Education.
13(Source: P.A. 95-510, eff. 8-28-07; 96-861, eff. 1-15-10.)
 
14    Section 10. The Illinois Educational Labor Relations Act is
15amended by changing Sections 4.5, 12, and 13 as follows:
 
16    (115 ILCS 5/4.5)
17    Sec. 4.5. Subjects of collective bargaining.
18    (a) Notwithstanding the existence of any other provision in
19this Act or other law, collective bargaining between an
20educational employer whose territorial boundaries are
21coterminous with those of a city having a population in excess
22of 500,000 and an exclusive representative of its employees may
23include any of the following subjects:
24        (1) (Blank).

 

 

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1        (2) Decisions to contract with a third party for one or
2    more services otherwise performed by employees in a
3    bargaining unit and the procedures for obtaining such
4    contract or the identity of the third party.
5        (3) Decisions to layoff or reduce in force employees.
6        (4) Decisions to determine class size, class staffing
7    and assignment, class schedules, academic calendar, length
8    of the work and school day, length of the work and school
9    year, hours and places of instruction, or pupil assessment
10    policies.
11        (5) Decisions concerning use and staffing of
12    experimental or pilot programs and decisions concerning
13    use of technology to deliver educational programs and
14    services and staffing to provide the technology.
15    (b) The subject or matters described in subsection (a) are
16permissive subjects of bargaining between an educational
17employer and an exclusive representative of its employees and,
18for the purpose of this Act, are within the sole discretion of
19the educational employer to decide to bargain, provided that
20the educational employer is required to bargain over the impact
21of a decision concerning such subject or matter on the
22bargaining unit upon request by the exclusive representative.
23During this bargaining, the educational employer shall not be
24precluded from implementing its decision. If, after a
25reasonable period of bargaining, a dispute or impasse exists
26between the educational employer and the exclusive

 

 

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1representative, the dispute or impasse shall be resolved
2exclusively as set forth in subsection (b) of Section 12 of
3this Act in lieu of a strike under Section 13 of this Act.
4    (c) A provision in a collective bargaining agreement that
5was rendered null and void because it involved a prohibited
6subject of collective bargaining under this subsection (c) as
7this subsection (c) existed before the effective date of this
8amendatory Act of the 93rd General Assembly remains null and
9void and shall not otherwise be reinstated in any successor
10agreement unless the educational employer and exclusive
11representative otherwise agree to include an agreement reached
12on a subject or matter described in subsection (a) of this
13Section as subsection (a) existed before this amendatory Act of
14the 93rd General Assembly.
15(Source: P.A. 93-3, eff. 4-16-03.)
 
16    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
17    Sec. 12. Impasse procedures.
18    (a) This subsection (a) applies only to collective
19bargaining between an educational employer that is not a public
20school district organized under Article 34 of the School Code
21and an exclusive representative of its employees.
22    If the parties engaged in collective bargaining have not
23reached an agreement by 90 days before the scheduled start of
24the forthcoming school year, the parties shall notify the
25Illinois Educational Labor Relations Board concerning the

 

 

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1status of negotiations. This notice shall include a statement
2on whether mediation has been used.
3    Upon demand of either party, collective bargaining between
4the employer and an exclusive bargaining representative must
5begin within 60 days of the date of certification of the
6representative by the Board, or in the case of an existing
7exclusive bargaining representative, within 60 days of the
8receipt by a party of a demand to bargain issued by the other
9party. Once commenced, collective bargaining must continue for
10at least a 60 day period, unless a contract is entered into.
11    Except as otherwise provided in subsection (b) of this
12Section, if after a reasonable period of negotiation and within
1390 45 days of the scheduled start of the forth-coming school
14year, the parties engaged in collective bargaining have reached
15an impasse, either party may petition the Board to initiate
16mediation. Alternatively, the Board on its own motion may
17initiate mediation during this period. However, mediation
18shall be initiated by the Board at any time when jointly
19requested by the parties and the services of the mediators
20shall continuously be made available to the employer and to the
21exclusive bargaining representative for purposes of
22arbitration of grievances and mediation or arbitration of
23contract disputes. If requested by the parties, the mediator
24may perform fact-finding and in so doing conduct hearings and
25make written findings and recommendations for resolution of the
26dispute. Such mediation shall be provided by the Board and

 

 

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1shall be held before qualified impartial individuals. Nothing
2prohibits the use of other individuals or organizations such as
3the Federal Mediation and Conciliation Service or the American
4Arbitration Association selected by both the exclusive
5bargaining representative and the employer.
6    If the parties engaged in collective bargaining fail to
7reach an agreement within 45 15 days of the scheduled start of
8the forthcoming school year and have not requested mediation,
9the Illinois Educational Labor Relations Board shall invoke
10mediation.
11    Whenever mediation is initiated or invoked under this
12subsection (a), the parties may stipulate to defer selection of
13a mediator in accordance with rules adopted by the Board.
14    (a-5) This subsection (a-5) applies only to collective
15bargaining between a public school district or a combination of
16public school districts, including, but not limited to, joint
17cooperatives, that is not organized under Article 34 of the
18School Code and an exclusive representative of its employees.
19        (1) Any time after 15 days of mediation, either party
20    may declare an impasse. The mediator may declare an impasse
21    at any time during the mediation process. Notification of
22    an impasse must be filed in writing with the Board, and
23    copies of the notification must be submitted to the parties
24    on the same day the notification is filed with the Board.
25        (2) Within 7 days after the declaration of impasse,
26    each party shall submit to the mediator and the other party

 

 

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1    in writing the final offer of the party, including a cost
2    summary of the offer. Seven days after receipt of the
3    parties' final offers, the mediator shall make public the
4    final offers and each party's cost summary dealing with
5    those issues on which the parties have failed to reach
6    agreement. The mediator shall make the final offers public
7    by filing them with the Board, which shall immediately post
8    the offers on its Internet website. On the same day of
9    publication by the mediator, at a minimum, the school
10    district shall distribute notice of the availability of the
11    offers on the Board's Internet website to all news media
12    that have filed an annual request for notices from the
13    school district pursuant to Section 2.02 of the Open
14    Meetings Act.
15    (a-10) This subsection (a-10) applies only to collective
16bargaining between a public school district organized under
17Article 34 of the School Code and an exclusive representative
18of its employees.
19        (1) For collective bargaining agreements between an
20    educational employer whose territorial boundaries are
21    coterminous with those of a city having a population in
22    excess of 500,000 and an exclusive representative of its
23    employees, if the parties fail to reach an agreement after
24    a reasonable period of mediation, the dispute shall be
25    submitted to fact-finding in accordance with this
26    subsection (a-10). Either the educational employer or the

 

 

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1    exclusive representative may initiate fact-finding by
2    submitting a written demand to the other party with a copy
3    of the demand submitted simultaneously to the Board.
4        (2) Within 3 days following a party's demand for
5    fact-finding, each party shall appoint one member of the
6    fact-finding panel, unless the parties agree to proceed
7    without a tri-partite panel. Following these appointments,
8    if any, the parties shall select a qualified impartial
9    individual to serve as the fact-finder and chairperson of
10    the fact-finding panel, if applicable. An individual shall
11    be considered qualified to serve as the fact-finder and
12    chairperson of the fact-finding panel, if applicable, if he
13    or she was not the same individual who was appointed as the
14    mediator and if he or she satisfies the following
15    requirements: membership in good standing with the
16    National Academy of Arbitrators, Federal Mediation and
17    Conciliation Service, or American Arbitration Association
18    for a minimum of 10 years; membership on the mediation
19    roster for the Illinois Labor Relations Board or Illinois
20    Educational Labor Relations Board; issuance of at least 5
21    interest arbitration awards arising under the Illinois
22    Public Labor Relations Act; and participation in impasse
23    resolution processes arising under private or public
24    sector collective bargaining statutes in other states. If
25    the parties are unable to agree on a fact-finder, the
26    parties shall request a panel of fact-finders who satisfy

 

 

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1    the requirements set forth in this paragraph (2) from
2    either the Federal Mediation and Conciliation Service or
3    the American Arbitration Association and shall select a
4    fact-finder from such panel in accordance with the
5    procedures established by the organization providing the
6    panel.
7        (3) The fact-finder shall have the following duties and
8    powers:
9            (A) to require the parties to submit a statement of
10        disputed issues and their positions regarding each
11        issue either jointly or separately;
12            (B) to identify disputed issues that are economic
13        in nature;
14            (C) to meet with the parties either separately or
15        in executive sessions;
16            (D) to conduct hearings and regulate the time,
17        place, course, and manner of the hearings;
18            (E) to request the Board to issue subpoenas
19        requiring the attendance and testimony of witnesses or
20        the production of evidence;
21            (F) to administer oaths and affirmations;
22            (G) to examine witnesses and documents;
23            (H) to create a full and complete written record of
24        the hearings;
25            (I) to attempt mediation or remand a disputed issue
26        to the parties for further collective bargaining;

 

 

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1            (J) to require the parties to submit final offers
2        for each disputed issue either individually or as a
3        package or as a combination of both; and
4            (K) to employ any other measures deemed
5        appropriate to resolve the impasse.
6        (4) If the dispute is not settled within 75 days after
7    the appointment of the fact-finding panel, the
8    fact-finding panel shall issue a private report to the
9    parties that contains advisory findings of fact and
10    recommended terms of settlement for all disputed issues and
11    that sets forth a rationale for each recommendation. The
12    fact-finding panel, acting by a majority of its members,
13    shall base its findings and recommendations upon the
14    following criteria as applicable:
15            (A) the lawful authority of the employer;
16            (B) the federal and State statutes or local
17        ordinances and resolutions applicable to the employer;
18            (C) prior collective bargaining agreements and the
19        bargaining history between the parties;
20            (D) stipulations of the parties;
21            (E) the interests and welfare of the public and the
22        students and families served by the employer;
23            (F) the employer's financial ability to fund the
24        proposals based on existing available resources,
25        provided that such ability is not predicated on an
26        assumption that lines of credit or reserve funds are

 

 

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1        available or that the employer may or will receive or
2        develop new sources of revenue or increase existing
3        sources of revenue;
4            (G) the impact of any economic adjustments on the
5        employer's ability to pursue its educational mission;
6            (H) the present and future general economic
7        conditions in the locality and State;
8            (I) a comparison of the wages, hours, and
9        conditions of employment of the employees involved in
10        the dispute with the wages, hours, and conditions of
11        employment of employees performing similar services in
12        public education in the 10 largest U.S. cities;
13            (J) the average consumer prices in urban areas for
14        goods and services, which is commonly known as the cost
15        of living;
16            (K) the overall compensation presently received by
17        the employees involved in the dispute, including
18        direct wage compensation; vacations, holidays, and
19        other excused time; insurance and pensions; medical
20        and hospitalization benefits; the continuity and
21        stability of employment and all other benefits
22        received; and how each party's proposed compensation
23        structure supports the educational goals of the
24        district;
25            (L) changes in any of the circumstances listed in
26        items (A) through (K) of this paragraph (4) during the

 

 

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1        fact-finding proceedings;
2            (M) the effect that any term the parties are at
3        impasse on has or may have on the overall educational
4        environment, learning conditions, and working
5        conditions with the school district; and
6            (N) the effect that any term the parties are at
7        impasse on has or may have in promoting the public
8        policy of this State.
9        (5) The fact-finding panel's recommended terms of
10    settlement shall be deemed agreed upon by the parties as
11    the final resolution of the disputed issues and
12    incorporated into the collective bargaining agreement
13    executed by the parties, unless either party tenders to the
14    other party and the chairperson of the fact-finding panel a
15    notice of rejection of the recommended terms of settlement
16    with a rationale for the rejection, within 15 days after
17    the date of issuance of the fact-finding panel's report. If
18    either party submits a notice of rejection, the chairperson
19    of the fact-finding panel shall publish the fact-finding
20    panel's report and the notice of rejection for public
21    information by delivering a copy to all newspapers of
22    general circulation in the community with simultaneous
23    written notice to the parties.
24    (b) If, after a period of bargaining of at least 60 days, a
25dispute or impasse exists between an educational employer whose
26territorial boundaries are coterminous with those of a city

 

 

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1having a population in excess of 500,000 and the exclusive
2bargaining representative over a subject or matter set forth in
3Section 4.5 of this Act, the parties shall submit the dispute
4or impasse to the dispute resolution procedure agreed to
5between the parties. The procedure shall provide for mediation
6of disputes by a rotating mediation panel and may, at the
7request of either party, include the issuance of advisory
8findings of fact and recommendations. A dispute or impasse over
9any Section 4.5 subject shall not be resolved through the
10procedures set forth in this Act, and the Board, mediator, or
11fact-finder has no jurisdiction over any Section 4.5 subject.
12The changes made to this subsection (b) by this amendatory Act
13of the 97th General Assembly are declarative of existing law.
14    (c) The costs of fact finding and mediation shall be shared
15equally between the employer and the exclusive bargaining
16agent, provided that, for purposes of mediation under this Act,
17if either party requests the use of mediation services from the
18Federal Mediation and Conciliation Service, the other party
19shall either join in such request or bear the additional cost
20of mediation services from another source. All other costs and
21expenses of complying with this Section must be borne by the
22party incurring them.
23    (c-5) If an educational employer or exclusive bargaining
24representative refuses to participate in mediation or fact
25finding when required by this Section, the refusal shall be
26deemed a refusal to bargain in good faith.

 

 

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1    (d) Nothing in this Act prevents an employer and an
2exclusive bargaining representative from mutually submitting
3to final and binding impartial arbitration unresolved issues
4concerning the terms of a new collective bargaining agreement.
5(Source: P.A. 93-3, eff. 4-16-03.)
 
6    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
7    Sec. 13. Strikes.
8    (a) Notwithstanding the existence of any other provision in
9this Act or other law, educational employees employed in school
10districts organized under Article 34 of the School Code shall
11not engage in a strike at any time during the 18 month period
12that commences on the effective date of this amendatory Act of
131995. An educational employee employed in a school district
14organized under Article 34 of the School Code who participates
15in a strike in violation of this Section is subject to
16discipline by the employer. In addition, no educational
17employer organized under Article 34 of the School Code may pay
18or cause to be paid to an educational employee who participates
19in a strike in violation of this subsection any wages or other
20compensation for any period during which an educational
21employee participates in the strike, except for wages or
22compensation earned before participation in the strike.
23Notwithstanding the existence of any other provision in this
24Act or other law, during the 18-month period that strikes are
25prohibited under this subsection nothing in this subsection

 

 

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1shall be construed to require an educational employer to submit
2to a binding dispute resolution process.
3    (b) Notwithstanding the existence of any other provision in
4this Act or any other law, educational employees other than
5those employed in a school district organized under Article 34
6of the School Code and, after the expiration of the 18 month
7period that commences on the effective date of this amendatory
8Act of 1995, educational employees in a school district
9organized under Article 34 of the School Code shall not engage
10in a strike except under the following conditions:
11        (1)   they are represented by an exclusive bargaining
12    representative;
13        (2)   mediation has been used without success and, if
14    an impasse has been declared under subsection (a-5) of
15    Section 12 of this Act, at least 14 days have elapsed after
16    the mediator has made public the final offers;
17        (2.5) if fact-finding was invoked pursuant to
18    subsection (a-10) of Section 12 of this Act, at least 30
19    days have elapsed after a fact-finding report has been
20    released for public information;
21        (2.10) for educational employees employed in a school
22    district organized under Article 34 of the School Code, at
23    least three-fourths of all bargaining unit members of the
24    exclusive bargaining representative have affirmatively
25    voted to authorize the strike;
26        (3)   at least 10 days have elapsed after a notice of

 

 

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1    intent to strike has been given by the exclusive bargaining
2    representative to the educational employer, the regional
3    superintendent and the Illinois Educational Labor
4    Relations Board;
5        (4)   the collective bargaining agreement between the
6    educational employer and educational employees, if any,
7    has expired or been terminated; and
8        (5)   the employer and the exclusive bargaining
9    representative have not mutually submitted the unresolved
10    issues to arbitration.
11    If, however, in the opinion of an employer the strike is or
12has become a clear and present danger to the health or safety
13of the public, the employer may initiate in the circuit court
14of the county in which such danger exists an action for relief
15which may include, but is not limited to, injunction. The court
16may grant appropriate relief upon the finding that such clear
17and present danger exists. An unfair practice or other evidence
18of lack of clean hands by the educational employer is a defense
19to such action. Except as provided for in this paragraph, the
20jurisdiction of the court under this Section is limited by the
21Labor Dispute Act.
22(Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
 
23    (105 ILCS 5/34-85b rep.)
24    Section 15. The School Code is amended by repealing Section
2534-85b.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.