SB1762 EnrolledLRB098 10303 NHT 40488 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25g, 24-11, 24-12, and 24-16.5 as follows:
 
6    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
7    Sec. 2-3.25g. Waiver or modification of mandates within the
8School Code and administrative rules and regulations.
9    (a) In this Section:
10        "Board" means a school board or the governing board or
11    administrative district, as the case may be, for a joint
12    agreement.
13        "Eligible applicant" means a school district, joint
14    agreement made up of school districts, or regional
15    superintendent of schools on behalf of schools and programs
16    operated by the regional office of education.
17        "Implementation date" has the meaning set forth in
18    Section 24A-2.5 of this Code.
19        "State Board" means the State Board of Education.
20    (b) Notwithstanding any other provisions of this School
21Code or any other law of this State to the contrary, eligible
22applicants may petition the State Board of Education for the
23waiver or modification of the mandates of this School Code or

 

 

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1of the administrative rules and regulations promulgated by the
2State Board of Education. Waivers or modifications of
3administrative rules and regulations and modifications of
4mandates of this School Code may be requested when an eligible
5applicant demonstrates that it can address the intent of the
6rule or mandate in a more effective, efficient, or economical
7manner or when necessary to stimulate innovation or improve
8student performance. Waivers of mandates of the School Code may
9be requested when the waivers are necessary to stimulate
10innovation or improve student performance. Waivers may not be
11requested from laws, rules, and regulations pertaining to
12special education, teacher certification, teacher tenure and
13seniority, or Section 5-2.1 of this Code or from compliance
14with the No Child Left Behind Act of 2001 (Public Law 107-110).
15Eligible On and after the applicable implementation date,
16eligible applicants may not seek a waiver or seek a
17modification of a mandate regarding the requirements for (i)
18student performance data to be a significant factor in teacher
19or principal evaluations or (ii) for teachers and principals to
20be rated using the 4 categories of "excellent", "proficient",
21"needs improvement", or "unsatisfactory". On September 1, 2014
22the applicable implementation date, any previously authorized
23waiver or modification from such requirements shall terminate.
24    (c) Eligible applicants, as a matter of inherent managerial
25policy, and any Independent Authority established under
26Section 2-3.25f may submit an application for a waiver or

 

 

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1modification authorized under this Section. Each application
2must include a written request by the eligible applicant or
3Independent Authority and must demonstrate that the intent of
4the mandate can be addressed in a more effective, efficient, or
5economical manner or be based upon a specific plan for improved
6student performance and school improvement. Any eligible
7applicant requesting a waiver or modification for the reason
8that intent of the mandate can be addressed in a more
9economical manner shall include in the application a fiscal
10analysis showing current expenditures on the mandate and
11projected savings resulting from the waiver or modification.
12Applications and plans developed by eligible applicants must be
13approved by the board or regional superintendent of schools
14applying on behalf of schools or programs operated by the
15regional office of education following a public hearing on the
16application and plan and the opportunity for the board or
17regional superintendent to hear testimony from staff directly
18involved in its implementation, parents, and students. The time
19period for such testimony shall be separate from the time
20period established by the eligible applicant for public comment
21on other matters. If the applicant is a school district or
22joint agreement requesting a waiver or modification of Section
2327-6 of this Code, the public hearing shall be held on a day
24other than the day on which a regular meeting of the board is
25held.
26    (c-5) If the applicant is a school district, then the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (e) An approved waiver or modification (except a waiver
2from or modification to a physical education mandate) may
3remain in effect for a period not to exceed 5 school years and
4may be renewed upon application by the eligible applicant.
5However, such waiver or modification may be changed within that
65-year period by a board or regional superintendent of schools
7applying on behalf of schools or programs operated by the
8regional office of education following the procedure as set
9forth in this Section for the initial waiver or modification
10request. If neither the State Board of Education nor the
11General Assembly disapproves, the change is deemed granted.
12    An approved waiver from or modification to a physical
13education mandate may remain in effect for a period not to
14exceed 2 school years and may be renewed no more than 2 times
15upon application by the eligible applicant. An approved waiver
16from or modification to a physical education mandate may be
17changed within the 2-year period by the board or regional
18superintendent of schools, whichever is applicable, following
19the procedure set forth in this Section for the initial waiver
20or modification request. If neither the State Board of
21Education nor the General Assembly disapproves, the change is
22deemed granted.
23    (f) (Blank).
24(Source: P.A. 96-861, eff. 1-15-10; 96-1423, eff. 8-3-10;
2597-1025, eff. 1-1-13.)
 

 

 

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1    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
2    Sec. 24-11. Boards of Education - Boards of School
3Inspectors - Contractual continued service.
4    (a) As used in this and the succeeding Sections of this
5Article:
6    "Teacher" means any or all school district employees
7regularly required to be certified under laws relating to the
8certification of teachers.
9    "Board" means board of directors, board of education, or
10board of school inspectors, as the case may be.
11    "School term" means that portion of the school year, July 1
12to the following June 30, when school is in actual session.
13    "Program" means a program of a special education joint
14agreement.
15    "Program of a special education joint agreement" means
16instructional, consultative, supervisory, administrative,
17diagnostic, and related services that are managed by a special
18educational joint agreement designed to service 2 or more
19school districts that are members of the joint agreement.
20    "PERA implementation date" means the implementation date
21of an evaluation system for teachers as specified by Section
2224A-2.5 of this Code for all schools within a school district
23or all programs of a special education joint agreement.
24    (b) This Section and Sections 24-12 through 24-16 of this
25Article apply only to school districts having less than 500,000
26inhabitants.

 

 

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1    (c) Any teacher who is first employed as a full-time
2teacher in a school district or program prior to the PERA
3implementation date and who is employed in that district or
4program for a probationary period of 4 consecutive school terms
5shall enter upon contractual continued service in the district
6or in all of the programs that the teacher is legally qualified
7to hold, unless the teacher is given written notice of
8dismissal by certified mail, return receipt requested, by the
9employing board at least 45 days before the end of any school
10term within such period.
11    (d) For any teacher who is first employed as a full-time
12teacher in a school district or program on or after the PERA
13implementation date, the probationary period shall be one of
14the following periods, based upon the teacher's school terms of
15service and performance, before the teacher shall enter upon
16contractual continued service in the district or in all of the
17programs that the teacher is legally qualified to hold, unless
18the teacher is given written notice of dismissal by certified
19mail, return receipt requested, by the employing board at least
2045 days before the end of any school term within such period:
21        (1) 4 consecutive school terms of service in which the
22    teacher receives overall annual evaluation ratings of at
23    least "Proficient" in the last school term and at least
24    "Proficient" in either the second or third school term;
25        (2) 3 consecutive school terms of service in which the
26    teacher receives 3 overall annual evaluations of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1continued service status is transferred from one board to the
2control of a new or different board, then the contractual
3continued service status of the teacher is not thereby lost,
4and such new or different board is subject to this Code with
5respect to the teacher in the same manner as if the teacher
6were its employee and had been its employee during the time the
7teacher was actually employed by the board from whose control
8the position was transferred.
9    (i) The employment of any teacher in a program of a special
10education joint agreement established under Section 3-15.14,
1110-22.31 or 10-22.31a shall be governed by this and succeeding
12Sections of this Article. For purposes of attaining and
13maintaining contractual continued service and computing length
14of continuing service as referred to in this Section and
15Section 24-12, employment in a special educational joint
16program shall be deemed a continuation of all previous
17certificated employment of such teacher for such joint
18agreement whether the employer of the teacher was the joint
19agreement, the regional superintendent, or one of the
20participating districts in the joint agreement.
21    (j) For any teacher employed after July 1, 1987 as a
22full-time teacher in a program of a special education joint
23agreement, whether the program is operated by the joint
24agreement or a member district on behalf of the joint
25agreement, in the event of a reduction in the number of
26programs or positions in the joint agreement in which the

 

 

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1notice of dismissal is provided on or before the end of the
22010-2011 school term, the teacher in contractual continued
3service is eligible for employment in the joint agreement
4programs for which the teacher is legally qualified in order of
5greater length of continuing service in the joint agreement,
6unless an alternative method of determining the sequence of
7dismissal is established in a collective bargaining agreement.
8For any teacher employed after July 1, 1987 as a full-time
9teacher in a program of a special education joint agreement,
10whether the program is operated by the joint agreement or a
11member district on behalf of the joint agreement, in the event
12of a reduction in the number of programs or positions in the
13joint agreement in which the notice of dismissal is provided
14during the 2011-2012 school term or a subsequent school term,
15the teacher shall be included on the honorable dismissal lists
16of all joint agreement programs for positions for which the
17teacher is qualified and is eligible for employment in such
18programs in accordance with subsections (b) and (c) of Section
1924-12 of this Code and the applicable honorable dismissal
20policies of the joint agreement.
21    (k) For any teacher employed after July 1, 1987 as a
22full-time teacher in a program of a special education joint
23agreement, whether the program is operated by the joint
24agreement or a member district on behalf of the joint
25agreement, in the event of the dissolution of a joint
26agreement, in which the notice to teachers of the dissolution

 

 

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

 

 

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1program authorized by Section 14-1.01 through 14-14.01, or a
2joint educational program established under Section 10-22.31a,
3shall be under this and the succeeding Sections of this
4Article, and such employment shall be deemed a continuation of
5the previous employment of such teacher in any of the
6participating districts, regardless of the participation of
7other districts in the program.
8    (n) Any teacher employed as a full-time teacher in a
9special education program prior to September 23, 1987 in which
102 or more school districts participate for a probationary
11period of 2 consecutive years shall enter upon contractual
12continued service in each of the participating districts,
13subject to this and the succeeding Sections of this Article,
14and, notwithstanding Section 24-1.5 of this Code, in the event
15of the termination of the program shall be eligible for any
16vacant position in any of such districts for which such teacher
17is qualified.
18(Source: P.A. 97-8, eff. 6-13-11.)
 
19    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
20    Sec. 24-12. Removal or dismissal of teachers in contractual
21continued service.
22    (a) This subsection (a) applies only to honorable
23dismissals and recalls in which the notice of dismissal is
24provided on or before the end of the 2010-2011 school term. If
25a teacher in contractual continued service is removed or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1school year in which such evaluation is required to be
2conducted under Section 24A-5 of this Code, the teacher's
3performance evaluation rating for that school year for purposes
4of determining the sequence of dismissal is deemed Proficient.
5If a performance evaluation rating is nullified as the result
6of an arbitration, administrative agency, or court
7determination, then the school district or joint agreement is
8deemed to have conducted a performance evaluation for that
9school year, but the performance evaluation rating may not be
10used in determining the sequence of dismissal.
11    Nothing in this subsection (b) shall be construed as
12limiting the right of a school board or governing board of a
13joint agreement to dismiss a teacher not in contractual
14continued service in accordance with Section 24-11 of this
15Code.
16    Any provisions regarding the sequence of honorable
17dismissals and recall of honorably dismissed teachers in a
18collective bargaining agreement entered into on or before
19January 1, 2011 and in effect on the effective date of this
20amendatory Act of the 97th General Assembly that may conflict
21with this amendatory Act of the 97th General Assembly shall
22remain in effect through the expiration of such agreement or
23June 30, 2013, whichever is earlier.
24    (c) Each school district and special education joint
25agreement must use a joint committee composed of equal
26representation selected by the school board and its teachers

 

 

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

 

 

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

 

 

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1    the review to the employing board and exclusive bargaining
2    representative, if any. Nothing in this paragraph (5) shall
3    impact the order of honorable dismissal or a school
4    district's or joint agreement's authority to carry out a
5    dismissal in accordance with subsection (b) of this
6    Section.
7    Agreement by the joint committee as to a matter requires
8the majority vote of all committee members, and if the joint
9committee does not reach agreement on a matter, then the
10otherwise applicable requirements of subsection (b) of this
11Section shall apply. Except as explicitly set forth in this
12subsection (c), a joint committee has no authority to agree to
13any further modifications to the requirements for honorable
14dismissals set forth in subsection (b) (a) of this Section. The
15joint committee must be established, and the first meeting of
16the joint committee each school year must occur on or before
17December 1, 2011 or 30 days after the effective date of this
18amendatory Act of the 97th General Assembly, whichever is
19later.
20    The joint committee must reach agreement on a matter on or
21before February 1 of a school year in order for the agreement
22of the joint committee to apply to the sequence of dismissal
23determined during that school year. Subject to the February 1
24deadline for agreements, the agreement of a joint committee on
25a matter shall apply to the sequence of dismissal until the
26agreement is amended or terminated by the joint committee.

 

 

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

 

 

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1    specifically the causes that, if not removed, may result in
2    charges; however, no such written warning is required if
3    the causes have been the subject of a remediation plan
4    pursuant to Article 24A of this Code.
5        If, in the opinion of the board, the interests of the
6    school require it, the board may suspend the teacher
7    without pay, pending the hearing, but if the board's
8    dismissal or removal is not sustained, the teacher shall
9    not suffer the loss of any salary or benefits by reason of
10    the suspension.
11        (2) No hearing upon the charges is required unless the
12    teacher within 17 days after receiving notice requests in
13    writing of the board that a hearing be scheduled before a
14    mutually selected hearing officer or a hearing officer
15    selected by the board. The secretary of the school board
16    shall forward a copy of the notice to the State Board of
17    Education.
18        (3) Within 5 business days after receiving a notice of
19    hearing in which either notice to the teacher was sent
20    before July 1, 2012 or, if the notice was sent on or after
21    July 1, 2012, the teacher has requested a hearing before a
22    mutually selected hearing officer, the State Board of
23    Education shall provide a list of 5 prospective, impartial
24    hearing officers from the master list of qualified,
25    impartial hearing officers maintained by the State Board of
26    Education. Each person on the master list must (i) be

 

 

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1    accredited by a national arbitration organization and have
2    had a minimum of 5 years of experience directly related to
3    labor and employment relations matters between employers
4    and employees or their exclusive bargaining
5    representatives and (ii) beginning September 1, 2012, have
6    participated in training provided or approved by the State
7    Board of Education for teacher dismissal hearing officers
8    so that he or she is familiar with issues generally
9    involved in evaluative and non-evaluative dismissals.
10        If notice to the teacher was sent before July 1, 2012
11    or, if the notice was sent on or after July 1, 2012, the
12    teacher has requested a hearing before a mutually selected
13    hearing officer, the board and the teacher or their legal
14    representatives within 3 business days shall alternately
15    strike one name from the list provided by the State Board
16    of Education until only one name remains. Unless waived by
17    the teacher, the teacher shall have the right to proceed
18    first with the striking. Within 3 business days of receipt
19    of the list provided by the State Board of Education, the
20    board and the teacher or their legal representatives shall
21    each have the right to reject all prospective hearing
22    officers named on the list and notify the State Board of
23    Education of such rejection. Within 3 business days after
24    receiving this notification, the State Board of Education
25    shall appoint a qualified person from the master list who
26    did not appear on the list sent to the parties to serve as

 

 

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1    the hearing officer, unless the parties notify it that they
2    have chosen to alternatively select a hearing officer under
3    paragraph (4) of this subsection (d).
4        If the teacher has requested a hearing before a hearing
5    officer selected by the board, the board shall select one
6    name from the master list of qualified impartial hearing
7    officers maintained by the State Board of Education within
8    3 business days after receipt and shall notify the State
9    Board of Education of its selection.
10        A hearing officer mutually selected by the parties,
11    selected by the board, or selected through an alternative
12    selection process under paragraph (4) of this subsection
13    (d) (A) must not be a resident of the school district, (B)
14    must be available to commence the hearing within 75 days
15    and conclude the hearing within 120 days after being
16    selected as the hearing officer, and (C) must issue a
17    decision as to whether the teacher must be dismissed and
18    give a copy of that decision to both the teacher and the
19    board within 30 days from the conclusion of the hearing or
20    closure of the record, whichever is later.
21        (4) In the alternative to selecting a hearing officer
22    from the list received from the State Board of Education or
23    accepting the appointment of a hearing officer by the State
24    Board of Education or if the State Board of Education
25    cannot provide a list or appoint a hearing officer that
26    meets the foregoing requirements, the board and the teacher

 

 

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

 

 

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1    to the hearing officer, at a rate consistent with the
2    hearing officer's published professional fees. If the
3    hearing officer is mutually selected by the parties, then
4    the board and the teacher or their legal representatives
5    shall each pay 50% of the fees and costs and any
6    supplemental allowance to which they agree. If the hearing
7    officer is selected by the board, then the board shall pay
8    100% of the hearing officer's fees and costs. The fees and
9    costs must be paid to the hearing officer within 14 days
10    after the board and the teacher or their legal
11    representatives receive the hearing officer's decision set
12    forth in paragraph (7) of this subsection (d).
13        (6) The teacher is required to answer the bill of
14    particulars and aver affirmative matters in his or her
15    defense, and the time for initially doing so and the time
16    for updating such answer and defenses after pre-hearing
17    discovery must be set by the hearing officer. The State
18    Board of Education shall promulgate rules so that each
19    party has a fair opportunity to present its case and to
20    ensure that the dismissal process proceeds in a fair and
21    expeditious manner. These rules shall address, without
22    limitation, discovery and hearing scheduling conferences;
23    the teacher's initial answer and affirmative defenses to
24    the bill of particulars and the updating of that
25    information after pre-hearing discovery; provision for
26    written interrogatories and requests for production of

 

 

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1    documents; the requirement that each party initially
2    disclose to the other party and then update the disclosure
3    no later than 10 calendar days prior to the commencement of
4    the hearing, the names and addresses of persons who may be
5    called as witnesses at the hearing, a summary of the facts
6    or opinions each witness will testify to, and all other
7    documents and materials, including information maintained
8    electronically, relevant to its own as well as the other
9    party's case (the hearing officer may exclude witnesses and
10    exhibits not identified and shared, except those offered in
11    rebuttal for which the party could not reasonably have
12    anticipated prior to the hearing); pre-hearing discovery
13    and preparation, including provision for written
14    interrogatories and requests for production of documents,
15    provided that discovery depositions are prohibited; the
16    conduct of the hearing; the right of each party to be
17    represented by counsel, the offer of evidence and witnesses
18    and the cross-examination of witnesses; the authority of
19    the hearing officer to issue subpoenas and subpoenas duces
20    tecum, provided that the hearing officer may limit the
21    number of witnesses to be subpoenaed on behalf of each
22    party to no more than 7; the length of post-hearing briefs;
23    and the form, length, and content of hearing officers'
24    decisions. The hearing officer shall hold a hearing and
25    render a final decision for dismissal pursuant to Article
26    24A of this Code or shall report to the school board

 

 

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1    findings of fact and a recommendation as to whether or not
2    the teacher must be dismissed for conduct. The hearing
3    officer shall commence the hearing within 75 days and
4    conclude the hearing within 120 days after being selected
5    as the hearing officer, provided that the hearing officer
6    may modify these timelines upon the showing of good cause
7    or mutual agreement of the parties. Good cause for the
8    purpose of this subsection (d) shall mean the illness or
9    otherwise unavoidable emergency of the teacher, district
10    representative, their legal representatives, the hearing
11    officer, or an essential witness as indicated in each
12    party's pre-hearing submission. In a dismissal hearing
13    pursuant to Article 24A of this Code, the hearing officer
14    shall consider and give weight to all of the teacher's
15    evaluations written pursuant to Article 24A that are
16    relevant to the issues in the hearing.
17        Each party shall have no more than 3 days to present
18    its case, unless extended by the hearing officer to enable
19    a party to present adequate evidence and testimony,
20    including due to the other party's cross-examination of the
21    party's witnesses, for good cause or by mutual agreement of
22    the parties. The State Board of Education shall define in
23    rules the meaning of "day" for such purposes. All testimony
24    at the hearing shall be taken under oath administered by
25    the hearing officer. The hearing officer shall cause a
26    record of the proceedings to be kept and shall employ a

 

 

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1    competent reporter to take stenographic or stenotype notes
2    of all the testimony. The costs of the reporter's
3    attendance and services at the hearing shall be paid by the
4    party or parties who are responsible for paying the fees
5    and costs of the hearing officer. Either party desiring a
6    transcript of the hearing shall pay for the cost thereof.
7    Any post-hearing briefs must be submitted by the parties by
8    no later than 21 days after a party's receipt of the
9    transcript of the hearing, unless extended by the hearing
10    officer for good cause or by mutual agreement of the
11    parties.
12        (7) The hearing officer shall, within 30 days from the
13    conclusion of the hearing or closure of the record,
14    whichever is later, make a decision as to whether or not
15    the teacher shall be dismissed pursuant to Article 24A of
16    this Code or report to the school board findings of fact
17    and a recommendation as to whether or not the teacher shall
18    be dismissed for cause and shall give a copy of the
19    decision or findings of fact and recommendation to both the
20    teacher and the school board. If a hearing officer fails
21    without good cause, specifically provided in writing to
22    both parties and the State Board of Education, to render a
23    decision or findings of fact and recommendation within 30
24    days after the hearing is concluded or the record is
25    closed, whichever is later, the parties may mutually agree
26    to select a hearing officer pursuant to the alternative

 

 

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

 

 

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1    the hearing officer or school board shall order
2    reinstatement to the same or substantially equivalent
3    position and shall determine the amount for which the
4    school board is liable, including, but not limited to, loss
5    of income and benefits.
6        (8) The school board, within 45 days after receipt of
7    the hearing officer's findings of fact and recommendation
8    as to whether (i) the conduct at issue occurred, (ii) the
9    conduct that did occur was remediable, and (iii) the
10    proposed dismissal should be sustained, shall issue a
11    written order as to whether the teacher must be retained or
12    dismissed for cause from its employ. The school board's
13    written order shall incorporate the hearing officer's
14    findings of fact, except that the school board may modify
15    or supplement the findings of fact if, in its opinion, the
16    findings of fact are against the manifest weight of the
17    evidence.
18        If the school board dismisses the teacher
19    notwithstanding the hearing officer's findings of fact and
20    recommendation, the school board shall make a conclusion in
21    its written order, giving its reasons therefor, and such
22    conclusion and reasons must be included in its written
23    order. The failure of the school board to strictly adhere
24    to the timelines contained in this Section shall not render
25    it without jurisdiction to dismiss the teacher. The school
26    board shall not lose jurisdiction to discharge the teacher

 

 

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1    for cause if the hearing officer fails to render a
2    recommendation within the time specified in this Section.
3    The decision of the school board is final, unless reviewed
4    as provided in paragraph (9) of this subsection (d).
5        If the school board retains the teacher, the school
6    board shall enter a written order stating the amount of
7    back pay and lost benefits, less mitigation, to be paid to
8    the teacher, within 45 days after its retention order.
9    Should the teacher object to the amount of the back pay and
10    lost benefits or amount mitigated, the teacher shall give
11    written objections to the amount within 21 days. If the
12    parties fail to reach resolution within 7 days, the dispute
13    shall be referred to the hearing officer, who shall
14    consider the school board's written order and teacher's
15    written objection and determine the amount to which the
16    school board is liable. The costs of the hearing officer's
17    review and determination must be paid by the board.
18        (9) The decision of the hearing officer pursuant to
19    Article 24A of this Code or of the school board's decision
20    to dismiss for cause is final unless reviewed as provided
21    in Section 24-16 of this Act. If the school board's
22    decision to dismiss for cause is contrary to the hearing
23    officer's recommendation, the court on review shall give
24    consideration to the school board's decision and its
25    supplemental findings of fact, if applicable, and the
26    hearing officer's findings of fact and recommendation in

 

 

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1    making its decision. In the event such review is
2    instituted, the school board shall be responsible for
3    preparing and filing the record of proceedings, and such
4    costs associated therewith must be divided equally between
5    the parties.
6        (10) If a decision of the hearing officer for dismissal
7    pursuant to Article 24A of this Code or of the school board
8    for dismissal for cause is adjudicated upon review or
9    appeal in favor of the teacher, then the trial court shall
10    order reinstatement and shall remand the matter to the
11    school board with direction for entry of an order setting
12    the amount of back pay, lost benefits, and costs, less
13    mitigation. The teacher may challenge the school board's
14    order setting the amount of back pay, lost benefits, and
15    costs, less mitigation, through an expedited arbitration
16    procedure, with the costs of the arbitrator borne by the
17    school board.
18        Any teacher who is reinstated by any hearing or
19    adjudication brought under this Section shall be assigned
20    by the board to a position substantially similar to the one
21    which that teacher held prior to that teacher's suspension
22    or dismissal.
23        (11) Subject to any later effective date referenced in
24    this Section for a specific aspect of the dismissal
25    process, the The changes made by this amendatory Act of the
26    97th General Assembly shall apply to dismissals instituted

 

 

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1    on or after September 1, 2011 or the effective date of this
2    amendatory Act of the 97th General Assembly, whichever is
3    later. Any dismissal instituted prior to September 1, 2011
4    the effective date of these changes must be carried out in
5    accordance with the requirements of this Section prior to
6    amendment by this amendatory Act of 97th General Assembly.
7(Source: P.A. 97-8, eff. 6-13-11.)
 
8    (105 ILCS 5/24-16.5)
9    Sec. 24-16.5. Optional alternative evaluative dismissal
10process for PERA evaluations.
11    (a) As used in this Section:
12    "Applicable hearing requirements" means (i) , for any
13school district having less than 500,000 inhabitants or a
14program of a special education joint agreement, those
15procedures and requirements relating to a teacher's request for
16a hearing, selection of a hearing officer, pre-hearing and
17hearing procedures, and post-hearing briefs set forth in
18paragraphs (1) through (6) of subsection (d) of Section 24-12
19of this Code or (ii) for a school district having 500,000
20inhabitants or more, those procedures and requirements
21relating to a teacher's request for a hearing, selection of a
22hearing officer, pre-hearing and hearing procedures, and
23post-hearing briefs set forth in paragraphs (1) through (5) of
24subsection (a) of Section 34-85 of this Code.
25    "Board" means, for a school district having less than

 

 

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1500,000 inhabitants or a program of a special education joint
2agreement, the board of directors, board of education, or board
3of school inspectors, as the case may be. For a school district
4having 500,000 inhabitants or more, "board" means the Chicago
5Board of Education.
6    "Evaluator" means an evaluator, as defined in Section
724A-2.5 of this Code, who has successfully completed the
8pre-qualification program described in subsection (b) of
9Section 24A-3 of this Code.
10    "Hearing procedures" means, for a school district having
11500,000 inhabitants or more, those procedures and requirements
12relating to a teacher's request for a hearing, selection of a
13hearing officer, pre-hearing and hearing procedures, and
14post-hearing briefs set forth in paragraphs (1) through (5) of
15subsection (a) of Section 34-85 of this Code.
16    "PERA-trained board member" means a member of a board that
17has completed a training program on PERA evaluations either
18administered or approved by the State Board of Education.
19    "PERA evaluation" means a performance evaluation of a
20teacher after the implementation date of an evaluation system
21for teachers, as specified by Section 24A-2.5 of this Code,
22using a performance evaluation instrument and process that
23meets the minimum requirements for teacher evaluation
24instruments and processes set forth in rules adopted by the
25State Board of Education to implement Public Act 96-861.
26    "Remediation" means the remediation plan, mid-point and

 

 

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1final evaluations, and related processes and requirements set
2forth in subdivisions (i), (j), and (k) of Section 24A-5 of
3this Code.
4    "School district" means a school district or a program of a
5special education joint agreement.
6    "Second evaluator" means an evaluator who either conducts
7the mid-point and final remediation evaluation or conducts an
8independent assessment of whether the teacher completed the
9remediation plan with a rating equal to or better than a
10"Proficient" rating, all in accordance with subdivision (c) of
11this Section.
12    "Student growth components" means the components of a
13performance evaluation plan described in subdivision (c) of
14Section 24A-5 of this Code, as may be supplemented by
15administrative rules adopted by the State Board of Education.
16    "Teacher practice components" means the components of a
17performance evaluation plan described in subdivisions (a) and
18(b) of Section 24A-5 of this Code, as may be supplemented by
19administrative rules adopted by the State Board of Education.
20    "Teacher representatives" means the exclusive bargaining
21representative of a school district's teachers or, if no
22exclusive bargaining representatives exists, a representative
23committee selected by teachers.
24    (b) This Section applies to all school districts, including
25those having 500,000 or more inhabitants. The optional
26dismissal process set forth in this Section is an alternative

 

 

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1to those set forth in Sections 24-12 and 34-85 of this Code.
2Nothing in this Section is intended to change the existing
3practices or precedents under Section 24-12 or 34-85 of this
4Code, nor shall this Section be interpreted as implying
5standards and procedures that should or must be used as part of
6a remediation that precedes a dismissal sought under Section
724-12 or 34-85 of this Code.
8    A board may dismiss a teacher who has entered upon
9contractual continued service under this Section if the
10following are met:
11        (1) the cause of dismissal is that the teacher has
12    failed to complete a remediation plan with a rating equal
13    to or better than a "Proficient" rating;
14        (2) the "Unsatisfactory" performance evaluation rating
15    that preceded remediation resulted from a PERA evaluation;
16    and
17        (3) the school district has complied with subsection
18    (c) of this Section.
19    A school district may not, through agreement with a teacher
20or its teacher representatives, waive its right to dismiss a
21teacher under this Section.
22    (c) Each school district electing to use the dismissal
23process set forth in this Section must comply with the
24pre-remediation and remediation activities and requirements
25set forth in this subsection (c).
26        (1) Before a school district's first remediation

 

 

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1    relating to a dismissal under this Section, the school
2    district must create and establish a list of at least 2
3    evaluators who will be available to serve as second
4    evaluators under this Section. The school district shall
5    provide its teacher representatives with an opportunity to
6    submit additional names of teacher evaluators who will be
7    available to serve as second evaluators and who will be
8    added to the list created and established by the school
9    district, provided that, unless otherwise agreed to by the
10    school district, the teacher representatives may not
11    submit more teacher evaluators for inclusion on the list
12    than the number of evaluators submitted by the school
13    district. Each teacher evaluator must either have (i)
14    National Board of Professional Teaching Standards
15    certification, with no "Unsatisfactory" or "Needs
16    Improvement" performance evaluating ratings in his or her 2
17    most recent performance evaluation ratings; or (ii)
18    "Excellent" performance evaluation ratings in 2 of his or
19    her 3 most recent performance evaluations, with no "Needs
20    Improvement" or "Unsatisfactory" performance evaluation
21    ratings in his or her last 3 ratings. If the teacher
22    representatives do not submit a list of teacher evaluators
23    within 21 days after the school district's request, the
24    school district may proceed with a remediation using a list
25    that includes only the school district's selections.
26    Either the school district or the teacher representatives

 

 

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1    may revise or add to their selections for the list at any
2    time with notice to the other party, subject to the
3    limitations set forth in this paragraph (1).
4        (2) Before a school district's first remediation
5    relating to a dismissal under this Section, the school
6    district shall, in good faith cooperation with its teacher
7    representatives, establish a process for the selection of a
8    second evaluator from the list created pursuant to
9    paragraph (1) of this subsection (c). Such process may be
10    amended at any time in good faith cooperation with the
11    teacher representatives. If the teacher representatives
12    are given an opportunity to cooperate with the school
13    district and elect not to do so, the school district may,
14    at its discretion, establish or amend the process for
15    selection. Before the hearing officer and as part of any
16    judicial review of a dismissal under this Section, a
17    teacher may not challenge a remediation or dismissal on the
18    grounds that the process used by the school district to
19    select a second evaluator was not established in good faith
20    cooperation with its teacher representatives.
21        (3) For each remediation preceding a dismissal under
22    this Section, the school district shall select a second
23    evaluator from the list of second evaluators created
24    pursuant to paragraph (1) of this subsection (c), using the
25    selection process established pursuant to paragraph (2) of
26    this subsection (c). The selected second evaluator may not

 

 

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1    be the same individual who determined the teacher's
2    "Unsatisfactory" performance evaluation rating preceding
3    remediation, and, if the second evaluator is an
4    administrator, may not be a direct report to the individual
5    who determined the teacher's "Unsatisfactory" performance
6    evaluation rating preceding remediation. The school
7    district's authority to select a second evaluator from the
8    list of second evaluators must not be delegated or limited
9    through any agreement with the teacher representatives,
10    provided that nothing shall prohibit a school district and
11    its teacher representatives from agreeing to a formal peer
12    evaluation process as permitted under Article 24A of this
13    Code that could be used to meet the requirements for the
14    selection of second evaluators under this subsection (c).
15        (4) The second evaluator selected pursuant to
16    paragraph (3) of this subsection (c) must either (i)
17    conduct the mid-point and final evaluation during
18    remediation or (ii) conduct an independent assessment of
19    whether the teacher completed the remediation plan with a
20    rating equal to or better than a "Proficient" rating, which
21    independent assessment shall include, but is not limited
22    to, personal or video-recorded observations of the teacher
23    that relate to the teacher practice components of the
24    remediation plan. Nothing in this subsection (c) shall be
25    construed to limit or preclude the participation of the
26    evaluator who rated a teacher as "Unsatisfactory" in

 

 

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1    remediation.
2    (d) To institute a dismissal proceeding under this Section,
3the board must first provide written notice to the teacher
4within 30 days after the completion of the final remediation
5evaluation. The notice shall comply with the applicable hearing
6requirements and, in addition, must specify that dismissal is
7sought under this Section and include a copy of each
8performance evaluation relating to the scope of the hearing as
9described in this subsection (d).
10    The applicable hearing requirements shall apply to the
11teacher's request for a hearing, the selection and
12qualifications of the hearing officer, and pre-hearing and
13hearing procedures, except that all of the following must be
14met:
15        (1) The hearing officer must, in addition to meeting
16    the qualifications set forth in the applicable hearing
17    requirements, have successfully completed the
18    pre-qualification program described in subsection (b) of
19    Section 24A-3 of this Code, unless the State Board of
20    Education waives this requirement to provide an adequate
21    pool of hearing officers for consideration.
22        (2) The scope of the hearing must be limited as
23    follows:
24            (A) The school district must demonstrate the
25        following:
26                (i) that the "Unsatisfactory" performance

 

 

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1            evaluation rating that preceded remediation
2            applied the teacher practice components and
3            student growth components and determined an
4            overall evaluation rating of "Unsatisfactory" in
5            accordance with the standards and requirements of
6            the school district's evaluation plan;
7                (ii) that the remediation plan complied with
8            the requirements of Section 24A-5 of this Code;
9                (iii) that the teacher failed to complete the
10            remediation plan with a performance evaluation
11            rating equal to or better than a "Proficient"
12            rating, based upon a final remediation evaluation
13            meeting the applicable standards and requirements
14            of the school district's evaluation plan; and
15                (iv) that if the second evaluator selected
16            pursuant to paragraph (3) of subsection (c) of this
17            Section does not conduct the mid-point and final
18            evaluation and makes an independent assessment
19            that the teacher completed the remediation plan
20            with a rating equal to or better than a
21            "Proficient" rating, the school district must
22            demonstrate that the final remediation evaluation
23            is a more valid assessment of the teacher's
24            performance than the assessment made by the second
25            evaluator.
26            (B) The teacher may only challenge the substantive

 

 

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1        and procedural aspects of (i) the "Unsatisfactory"
2        performance evaluation rating that led to the
3        remediation, (ii) the remediation plan, and (iii) the
4        final remediation evaluation. To the extent the
5        teacher challenges procedural aspects, including any
6        in applicable collective bargaining agreement
7        provisions, of a relevant performance evaluation
8        rating or the remediation plan, the teacher must
9        demonstrate how an alleged procedural defect
10        materially affected the teacher's ability to
11        demonstrate a level of performance necessary to avoid
12        remediation or dismissal or successfully complete the
13        remediation plan. Without any such material effect, a
14        procedural defect shall not impact the assessment by
15        the hearing officer, board, or reviewing court of the
16        validity of a performance evaluation or a remediation
17        plan.
18            (C) The hearing officer shall only consider and
19        give weight to performance evaluations relevant to the
20        scope of the hearing as described in clauses (A) and
21        (B) of this subdivision (2).
22        (3) Each party shall be given only 2 days to present
23    evidence and testimony relating to the scope of the
24    hearing, unless a longer period is mutually agreed to by
25    the parties or deemed necessary by the hearing officer to
26    enable a party to present adequate evidence and testimony

 

 

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1    to address the scope of the hearing, including due to the
2    other party's cross-examination of the party's witnesses.
3    (e) The provisions of Sections 24-12 and 34-85 pertaining
4to the decision or recommendation of the hearing officer do not
5apply to dismissal proceedings under this Section. For any
6dismissal proceedings under this Section, the hearing officer
7shall not issue a decision, and shall issue only findings of
8fact and a recommendation, including the reasons therefor, to
9the board to either retain or dismiss the teacher and shall
10give a copy of the report to both the teacher and the
11superintendent of the school district. The hearing officer's
12findings of fact and recommendation must be issued within 30
13days from the close of the record of the hearing.
14    The State Board of Education shall adopt rules regarding
15the length of the hearing officer's findings of fact and
16recommendation. If a hearing officer fails without good cause,
17specifically provided in writing to both parties and the State
18Board of Education, to render a recommendation within 30 days
19after the hearing is concluded or the record is closed,
20whichever is later, the parties may mutually agree to select a
21hearing officer pursuant to the alternative procedure, as
22provided in Section 24-12 or 34-85, to rehear the charges heard
23by the hearing officer who failed to render a recommendation or
24to review the record and render a recommendation. If any
25hearing officer fails without good cause, specifically
26provided in writing to both parties and the State Board of

 

 

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1Education, to render a recommendation within 30 days after the
2hearing is concluded or the record is closed, whichever is
3later, the hearing officer shall be removed from the master
4list of hearing officers maintained by the State Board of
5Education for not more than 24 months. The parties and the
6State Board of Education may also take such other actions as it
7deems appropriate, including recovering, reducing, or
8withholding any fees paid or to be paid to the hearing officer.
9If any hearing officer repeats such failure, he or she shall be
10permanently removed from the master list of hearing officers
11maintained by the State Board of Education.
12    (f) The board, within 45 days after receipt of the hearing
13officer's findings of fact and recommendation, shall decide,
14through adoption of a written order, whether the teacher must
15be dismissed from its employ or retained, provided that only
16PERA-trained board members may participate in the vote with
17respect to the decision.
18    If the board dismisses the teacher notwithstanding the
19hearing officer's recommendation of retention, the board shall
20make a conclusion, giving its reasons therefor, and such
21conclusion and reasons must be included in its written order.
22The failure of the board to strictly adhere to the timelines
23contained in this Section does not render it without
24jurisdiction to dismiss the teacher. The board shall not lose
25jurisdiction to discharge the teacher if the hearing officer
26fails to render a recommendation within the time specified in

 

 

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1this Section. The decision of the board is final, unless
2reviewed as provided in subsection (g) of this Section.
3    If the board retains the teacher, the board shall enter a
4written order stating the amount of back pay and lost benefits,
5less mitigation, to be paid to the teacher, within 45 days of
6its retention order.
7    (g) A teacher dismissed under this Section may apply for
8and obtain judicial review of a decision of the board in
9accordance with the provisions of the Administrative Review
10Law, except as follows:
11        (1) for a teacher dismissed by a school district having
12    500,000 inhabitants or more, such judicial review must be
13    taken directly to the appellate court of the judicial
14    district in which the board maintains its primary
15    administrative office, and any direct appeal to the
16    appellate court must be filed within 35 days from the date
17    that a copy of the decision sought to be reviewed was
18    served upon the teacher;
19        (2) for a teacher dismissed by a school district having
20    less than 500,000 inhabitants after the hearing officer
21    recommended dismissal, such judicial review must be taken
22    directly to the appellate court of the judicial district in
23    which the board maintains its primary administrative
24    office, and any direct appeal to the appellate court must
25    be filed within 35 days from the date that a copy of the
26    decision sought to be reviewed was served upon the teacher;

 

 

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1    and
2        (3) for all school districts, if the hearing officer
3    recommended dismissal, the decision of the board may be
4    reversed only if it is found to be arbitrary, capricious,
5    an abuse of discretion, or not in accordance with law.
6    In the event judicial review is instituted by a teacher,
7any costs of preparing and filing the record of proceedings
8must be paid by the teacher. If a decision of the board is
9adjudicated upon judicial review in favor of the teacher, then
10the court shall remand the matter to the board with direction
11for entry of an order setting the amount of back pay, lost
12benefits, and costs, less mitigation. The teacher may challenge
13the board's order setting the amount of back pay, lost
14benefits, and costs, less mitigation, through an expedited
15arbitration procedure with the costs of the arbitrator borne by
16the board.
17(Source: P.A. 97-8, eff. 6-13-11.)
 
18    Section 10. The Illinois Educational Labor Relations Act is
19amended by changing Sections 12 and 13 as follows:
 
20    (115 ILCS 5/12)  (from Ch. 48, par. 1712)
21    Sec. 12. Impasse procedures.
22    (a) This subsection (a) applies only to collective
23bargaining between an educational employer that is not a public
24school district organized under Article 34 of the School Code

 

 

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1and an exclusive representative of its employees. If the
2parties engaged in collective bargaining have not reached an
3agreement by 90 days before the scheduled start of the
4forthcoming school year, the parties shall notify the Illinois
5Educational Labor Relations Board concerning the status of
6negotiations. This notice shall include a statement on whether
7mediation has been used.
8    Upon demand of either party, collective bargaining between
9the employer and an exclusive bargaining representative must
10begin within 60 days of the date of certification of the
11representative by the Board, or in the case of an existing
12exclusive bargaining representative, within 60 days of the
13receipt by a party of a demand to bargain issued by the other
14party. Once commenced, collective bargaining must continue for
15at least a 60 day period, unless a contract is entered into.
16    Except as otherwise provided in subsection (b) of this
17Section, if after a reasonable period of negotiation and within
1890 days of the scheduled start of the forth-coming school year,
19the parties engaged in collective bargaining have reached an
20impasse, either party may petition the Board to initiate
21mediation. Alternatively, the Board on its own motion may
22initiate mediation during this period. However, mediation
23shall be initiated by the Board at any time when jointly
24requested by the parties and the services of the mediators
25shall continuously be made available to the employer and to the
26exclusive bargaining representative for purposes of

 

 

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1arbitration of grievances and mediation or arbitration of
2contract disputes. If requested by the parties, the mediator
3may perform fact-finding and in so doing conduct hearings and
4make written findings and recommendations for resolution of the
5dispute. Such mediation shall be provided by the Board and
6shall be held before qualified impartial individuals. Nothing
7prohibits the use of other individuals or organizations such as
8the Federal Mediation and Conciliation Service or the American
9Arbitration Association selected by both the exclusive
10bargaining representative and the employer.
11    If the parties engaged in collective bargaining fail to
12reach an agreement within 45 days of the scheduled start of the
13forthcoming school year and have not requested mediation, the
14Illinois Educational Labor Relations Board shall invoke
15mediation.
16    Whenever mediation is initiated or invoked under this
17subsection (a), the parties may stipulate to defer selection of
18a mediator in accordance with rules adopted by the Board.
19    (a-5) This subsection (a-5) applies only to collective
20bargaining between a public school district or a combination of
21public school districts, including, but not limited to, joint
22cooperatives, that is not organized under Article 34 of the
23School Code and an exclusive representative of its employees.
24        (1) Any time 15 days after mediation has commenced,
25    either party may initiate the public posting process
26    declare an impasse. The mediator may initiate the public

 

 

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1    posting process declare an impasse at any time 15 days
2    after mediation has commenced during the mediation
3    process. Initiation of the public posting process
4    Notification of an impasse must be filed in writing with
5    the Board, and copies of the notification must be submitted
6    to the parties on the same day the initiation notification
7    is filed with the Board.
8        (2) Within 7 days after the initiation of the public
9    posting process declaration of impasse, each party shall
10    submit to the mediator, the Board, and the other party in
11    writing the most recent final offer of the party, including
12    a cost summary of the offer. Seven days after receipt of
13    the parties' final offers, the Board shall make public the
14    final offers and each party's cost summary dealing with
15    those issues on which the parties have failed to reach
16    agreement by immediately posting the offers on its Internet
17    website, unless otherwise notified by the mediator or
18    jointly by the parties that agreement has been reached. On
19    the same day of publication by the Board mediator, at a
20    minimum, the school district shall distribute notice of the
21    availability of the offers on the Board's Internet website
22    to all news media that have filed an annual request for
23    notices from the school district pursuant to Section 2.02
24    of the Open Meetings Act. The parties' offers shall remain
25    on the Board's Internet website until the parties have
26    reached and ratified an agreement.

 

 

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1    (a-10) This subsection (a-10) applies only to collective
2bargaining between a public school district organized under
3Article 34 of the School Code and an exclusive representative
4of its employees.
5        (1) For collective bargaining agreements between an
6    educational employer to which this subsection (a-10)
7    applies and an exclusive representative of its employees,
8    if the parties fail to reach an agreement after a
9    reasonable period of mediation, the dispute shall be
10    submitted to fact-finding in accordance with this
11    subsection (a-10). Either the educational employer or the
12    exclusive representative may initiate fact-finding by
13    submitting a written demand to the other party with a copy
14    of the demand submitted simultaneously to the Board.
15        (2) Within 3 days following a party's demand for
16    fact-finding, each party shall appoint one member of the
17    fact-finding panel, unless the parties agree to proceed
18    without a tri-partite panel. Following these appointments,
19    if any, the parties shall select a qualified impartial
20    individual to serve as the fact-finder and chairperson of
21    the fact-finding panel, if applicable. An individual shall
22    be considered qualified to serve as the fact-finder and
23    chairperson of the fact-finding panel, if applicable, if he
24    or she was not the same individual who was appointed as the
25    mediator and if he or she satisfies the following
26    requirements: membership in good standing with the

 

 

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1    National Academy of Arbitrators, Federal Mediation and
2    Conciliation Service, or American Arbitration Association
3    for a minimum of 10 years; membership on the mediation
4    roster for the Illinois Labor Relations Board or Illinois
5    Educational Labor Relations Board; issuance of at least 5
6    interest arbitration awards arising under the Illinois
7    Public Labor Relations Act; and participation in impasse
8    resolution processes arising under private or public
9    sector collective bargaining statutes in other states. If
10    the parties are unable to agree on a fact-finder, the
11    parties shall request a panel of fact-finders who satisfy
12    the requirements set forth in this paragraph (2) from
13    either the Federal Mediation and Conciliation Service or
14    the American Arbitration Association and shall select a
15    fact-finder from such panel in accordance with the
16    procedures established by the organization providing the
17    panel.
18        (3) The fact-finder shall have the following duties and
19    powers:
20            (A) to require the parties to submit a statement of
21        disputed issues and their positions regarding each
22        issue either jointly or separately;
23            (B) to identify disputed issues that are economic
24        in nature;
25            (C) to meet with the parties either separately or
26        in executive sessions;

 

 

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1            (D) to conduct hearings and regulate the time,
2        place, course, and manner of the hearings;
3            (E) to request the Board to issue subpoenas
4        requiring the attendance and testimony of witnesses or
5        the production of evidence;
6            (F) to administer oaths and affirmations;
7            (G) to examine witnesses and documents;
8            (H) to create a full and complete written record of
9        the hearings;
10            (I) to attempt mediation or remand a disputed issue
11        to the parties for further collective bargaining;
12            (J) to require the parties to submit final offers
13        for each disputed issue either individually or as a
14        package or as a combination of both; and
15            (K) to employ any other measures deemed
16        appropriate to resolve the impasse.
17        (4) If the dispute is not settled within 75 days after
18    the appointment of the fact-finding panel, the
19    fact-finding panel shall issue a private report to the
20    parties that contains advisory findings of fact and
21    recommended terms of settlement for all disputed issues and
22    that sets forth a rationale for each recommendation. The
23    fact-finding panel, acting by a majority of its members,
24    shall base its findings and recommendations upon the
25    following criteria as applicable:
26            (A) the lawful authority of the employer;

 

 

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1            (B) the federal and State statutes or local
2        ordinances and resolutions applicable to the employer;
3            (C) prior collective bargaining agreements and the
4        bargaining history between the parties;
5            (D) stipulations of the parties;
6            (E) the interests and welfare of the public and the
7        students and families served by the employer;
8            (F) the employer's financial ability to fund the
9        proposals based on existing available resources,
10        provided that such ability is not predicated on an
11        assumption that lines of credit or reserve funds are
12        available or that the employer may or will receive or
13        develop new sources of revenue or increase existing
14        sources of revenue;
15            (G) the impact of any economic adjustments on the
16        employer's ability to pursue its educational mission;
17            (H) the present and future general economic
18        conditions in the locality and State;
19            (I) a comparison of the wages, hours, and
20        conditions of employment of the employees involved in
21        the dispute with the wages, hours, and conditions of
22        employment of employees performing similar services in
23        public education in the 10 largest U.S. cities;
24            (J) the average consumer prices in urban areas for
25        goods and services, which is commonly known as the cost
26        of living;

 

 

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1            (K) the overall compensation presently received by
2        the employees involved in the dispute, including
3        direct wage compensation; vacations, holidays, and
4        other excused time; insurance and pensions; medical
5        and hospitalization benefits; the continuity and
6        stability of employment and all other benefits
7        received; and how each party's proposed compensation
8        structure supports the educational goals of the
9        district;
10            (L) changes in any of the circumstances listed in
11        items (A) through (K) of this paragraph (4) during the
12        fact-finding proceedings;
13            (M) the effect that any term the parties are at
14        impasse on has or may have on the overall educational
15        environment, learning conditions, and working
16        conditions with the school district; and
17            (N) the effect that any term the parties are at
18        impasse on has or may have in promoting the public
19        policy of this State.
20        (5) The fact-finding panel's recommended terms of
21    settlement shall be deemed agreed upon by the parties as
22    the final resolution of the disputed issues and
23    incorporated into the collective bargaining agreement
24    executed by the parties, unless either party tenders to the
25    other party and the chairperson of the fact-finding panel a
26    notice of rejection of the recommended terms of settlement

 

 

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1    with a rationale for the rejection, within 15 days after
2    the date of issuance of the fact-finding panel's report. If
3    either party submits a notice of rejection, the chairperson
4    of the fact-finding panel shall publish the fact-finding
5    panel's report and the notice of rejection for public
6    information by delivering a copy to all newspapers of
7    general circulation in the community with simultaneous
8    written notice to the parties.
9    (b) If, after a period of bargaining of at least 60 days, a
10dispute or impasse exists between an educational employer whose
11territorial boundaries are coterminous with those of a city
12having a population in excess of 500,000 and the exclusive
13bargaining representative over a subject or matter set forth in
14Section 4.5 of this Act, the parties shall submit the dispute
15or impasse to the dispute resolution procedure agreed to
16between the parties. The procedure shall provide for mediation
17of disputes by a rotating mediation panel and may, at the
18request of either party, include the issuance of advisory
19findings of fact and recommendations.
20    (c) The costs of fact finding and mediation shall be shared
21equally between the employer and the exclusive bargaining
22agent, provided that, for purposes of mediation under this Act,
23if either party requests the use of mediation services from the
24Federal Mediation and Conciliation Service, the other party
25shall either join in such request or bear the additional cost
26of mediation services from another source. All other costs and

 

 

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1expenses of complying with this Section must be borne by the
2party incurring them.
3    (c-5) If an educational employer or exclusive bargaining
4representative refuses to participate in mediation or fact
5finding when required by this Section, the refusal shall be
6deemed a refusal to bargain in good faith.
7    (d) Nothing in this Act prevents an employer and an
8exclusive bargaining representative from mutually submitting
9to final and binding impartial arbitration unresolved issues
10concerning the terms of a new collective bargaining agreement.
11(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)
 
12    (115 ILCS 5/13)  (from Ch. 48, par. 1713)
13    Sec. 13. Strikes.
14    (a) Notwithstanding the existence of any other provision in
15this Act or other law, educational employees employed in school
16districts organized under Article 34 of the School Code shall
17not engage in a strike at any time during the 18 month period
18that commences on the effective date of this amendatory Act of
191995. An educational employee employed in a school district
20organized under Article 34 of the School Code who participates
21in a strike in violation of this Section is subject to
22discipline by the employer. In addition, no educational
23employer organized under Article 34 of the School Code may pay
24or cause to be paid to an educational employee who participates
25in a strike in violation of this subsection any wages or other

 

 

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1compensation for any period during which an educational
2employee participates in the strike, except for wages or
3compensation earned before participation in the strike.
4Notwithstanding the existence of any other provision in this
5Act or other law, during the 18-month period that strikes are
6prohibited under this subsection nothing in this subsection
7shall be construed to require an educational employer to submit
8to a binding dispute resolution process.
9    (b) Notwithstanding the existence of any other provision in
10this Act or any other law, educational employees other than
11those employed in a school district organized under Article 34
12of the School Code and, after the expiration of the 18 month
13period that commences on the effective date of this amendatory
14Act of 1995, educational employees in a school district
15organized under Article 34 of the School Code shall not engage
16in a strike except under the following conditions:
17        (1)   they are represented by an exclusive bargaining
18    representative;
19        (2)   mediation has been used without success and, for
20    educational employers and exclusive bargaining
21    representatives to which if an impasse has been declared
22    under subsection (a-5) of Section 12 of this Act applies,
23    at least 14 days have elapsed after the Board mediator has
24    made public the parties' final offers;
25        (2.5) if fact-finding was invoked pursuant to
26    subsection (a-10) of Section 12 of this Act, at least 30

 

 

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1    days have elapsed after a fact-finding report has been
2    released for public information;
3        (2.10) for educational employees employed in a school
4    district organized under Article 34 of the School Code, at
5    least three-fourths of all bargaining unit employees who
6    are members of the exclusive bargaining representative
7    have affirmatively voted to authorize the strike;
8    provided, however, that all members of the exclusive
9    bargaining representative at the time of a strike
10    authorization vote shall be eligible to vote;
11        (3)   at least 10 days have elapsed after a notice of
12    intent to strike has been given by the exclusive bargaining
13    representative to the educational employer, the regional
14    superintendent and the Illinois Educational Labor
15    Relations Board;
16        (4)   the collective bargaining agreement between the
17    educational employer and educational employees, if any,
18    has expired or been terminated; and
19        (5)   the employer and the exclusive bargaining
20    representative have not mutually submitted the unresolved
21    issues to arbitration.
22    If, however, in the opinion of an employer the strike is or
23has become a clear and present danger to the health or safety
24of the public, the employer may initiate in the circuit court
25of the county in which such danger exists an action for relief
26which may include, but is not limited to, injunction. The court

 

 

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1may grant appropriate relief upon the finding that such clear
2and present danger exists. An unfair practice or other evidence
3of lack of clean hands by the educational employer is a defense
4to such action. Except as provided for in this paragraph, the
5jurisdiction of the court under this Section is limited by the
6Labor Dispute Act.
7(Source: P.A. 97-7, eff. 6-13-11; 97-8, eff. 6-13-11.)