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90_SB0568 105 ILCS 5/24-11 from Ch. 122, par. 24-11 105 ILCS 5/34-84 from Ch. 122, par. 34-84 Amends the School Code. Provides that all teachers who are first employed by a school district on or after July 1, 1997 and who have not already entered into contractual continued service shall have a 4 year probationary period. Effective July 1, 1997. SRS90S0013KSsa SRS90S0013KSsa 1 AN ACT to amend the School Code by changing Sections 2 24-11 and 34-84. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The School Code is amended by changing 6 Sections 24-11 and 34-84 as follows: 7 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11) 8 Sec. 24-11. Boards of Education - Boards of School 9 Inspectors - Contractual continued service. As used in this 10 and the succeeding Sections of this Article, "teacher" means 11 any or all school district employees regularly required to be 12 certified under laws relating to the certification of 13 teachers, "board" means board of directors, board of 14 education or board of school inspectors, as the case may be, 15 and "school term" means that portion of the school year, July 16 1 to the following June 30, when school is in actual session. 17 This Section and Sections 24-12 through 24-16 of this Article 18 apply only to school districts having less than 500,000 19 inhabitants. 20 Any teacher who has been employed in any district as a 21 full-time teacher for a probationary period of 2 consecutive 22 school terms shall enter upon contractual continued service 23 unless given written notice of dismissal stating the specific 24 reason therefor, by certified mail, return receipt requested 25 by the employing board at least 60 days before the end of 26 such period; except that for a teacher who is first employed 27 by a school district on or after July 1, 1997 and who has not 28 before that date already entered upon contractual continued 29 service, the probationary period shall be 4 consecutive 30 school terms before the teacher may enter upon contractual 31 continued service. For the purpose of determining -2- SRS90S0013KSsa 1 contractual continued service, the first probationary year 2 shall be any full time employment from a date before November 3 1 through the end of the school year.
If, however, a teacher4 has not had one school term of full-time teaching experience5 before the beginning of such probationary period, theThe 6 employing board may at its option extend the teacher's such7 probationary period for one additional school term by giving 8 the teacher written notice by certified mail, return receipt 9 requested at least 60 days before the end of the last second10 school term of the teacher's probationary period of 211 consecutive school terms referred to above. Such notice must 12 state the reasons for the one year extension and must outline 13 the corrective actions which the teacher should take to 14 satisfactorily complete probation. 15 Any full-time teacher who is completing the first year of 16 the probationary period described in the preceding paragraph, 17 or any teacher employed on a full-time basis not later than 18 January 1 of the school term, shall receive written notice 19 from the employing board at least 60 days before the end of 20 any school term whether or not he will be re-employed for the 21 following school term. If the board fails to give such 22 notice, the employee shall be deemed reemployed, and not 23 later than the close of the then current school term the 24 board shall issue a regular contract to the employee as 25 though the board had reemployed him in the usual manner. 26 Contractual continued service shall continue in effect 27 the terms and provisions of the contract with the teacher 28 during the last school term of the probationary period, 29 subject to this Act and the lawful regulations of the 30 employing board. This Section and succeeding Sections do not 31 modify any existing power of the board except with respect to 32 the procedure of the discharge of a teacher and reductions in 33 salary as hereinafter provided. Contractual continued service 34 status shall not restrict the power of the board to transfer -3- SRS90S0013KSsa 1 a teacher to a position which the teacher is qualified to 2 fill or to make such salary adjustments as it deems 3 desirable, but unless reductions in salary are uniform or 4 based upon some reasonable classification, any teacher whose 5 salary is reduced shall be entitled to a notice and a hearing 6 as hereinafter provided in the case of certain dismissals or 7 removals. 8 The employment of any teacher in a program of a special 9 education joint agreement established under Section 3-15.14, 10 10-22.31 or 10-22.31a shall be under this and succeeding 11 Sections of this Article. For purposes of attaining and 12 maintaining contractual continued service and computing 13 length of continuing service as referred to in this Section 14 and Section 24-12, employment in a special educational joint 15 program shall be deemed a continuation of all previous 16 certificated employment of such teacher for such joint 17 agreement whether the employer of the teacher was the joint 18 agreement, the regional superintendent, or one of the 19 participating districts in the joint agreement. 20 Any teacher employed after July 1, 1987 as a full-time 21 teacher in a program of a special education joint agreement, 22 whether the program is operated by the joint agreement or a 23 member district on behalf of the joint agreement, for a 24 probationary period of two consecutive years shall enter upon 25 contractual continued service in all of the programs 26 conducted by such joint agreement which the teacher is 27 legally qualified to hold; except that for a teacher who is 28 first employed on or after July 1, 1997 in a program of a 29 special education joint agreement and who has not before that 30 date already entered upon contractual continued service in 31 all of the programs conducted by the joint agreement that the 32 teacher is legally qualified to hold, the probationary period 33 shall be 4 consecutive years before the teacher enters upon 34 contractual continued service in all of those programs. In -4- SRS90S0013KSsa 1 the event of a reduction in the number of programs or 2 positions in the joint agreement, the teacher on contractual 3 continued service shall be eligible for employment in the 4 joint agreement programs for which the teacher is legally 5 qualified in order of greater length of continuing service in 6 the joint agreement unless an alternative method of 7 determining the sequence of dismissal is established in a 8 collective bargaining agreement. In the event of the 9 dissolution of a joint agreement, the teacher on contractual 10 continued service who is legally qualified shall be assigned 11 to any comparable position in a member district currently 12 held by a teacher who has not entered upon contractual 13 continued service or held by a teacher who has entered upon 14 contractual continued service with shorter length of 15 contractual continued service. 16 The governing board of the joint agreement, or the 17 administrative district, if so authorized by the articles of 18 agreement of the joint agreement, rather than the board of 19 education of a school district, may carry out employment and 20 termination actions including dismissals under this Section 21 and Section 24-12. 22 For purposes of this and succeeding Sections of this 23 Article, a program of a special educational joint agreement 24 shall be defined as instructional, consultative, supervisory, 25 administrative, diagnostic, and related services which are 26 managed by the special educational joint agreement designed 27 to service two or more districts which are members of the 28 joint agreement. 29 Each joint agreement shall be required to post by 30 February 1, a list of all its employees in order of length of 31 continuing service in the joint agreement, unless an 32 alternative method of determining a sequence of dismissal is 33 established in an applicable collective bargaining agreement. 34 The employment of any teacher in a special education -5- SRS90S0013KSsa 1 program authorized by Section 14-1.01 through 14-14.01, or a 2 joint educational program established under Section 3 10-22.31a, shall be under this and the succeeding Sections of 4 this Article, and such employment shall be deemed a 5 continuation of the previous employment of such teacher in 6 any of the participating districts, regardless of the 7 participation of other districts in the program. Any teacher 8 employed as a full-time teacher in a special education 9 program prior to September 23, 1987 in which 2 or more school 10 districts participate for a probationary period of 2 11 consecutive years shall enter upon contractual continued 12 service in each of the participating districts, subject to 13 this and the succeeding Sections of this Article, and in the 14 event of the termination of the program shall be eligible for 15 any vacant position in any of such districts for which such 16 teacher is qualified. 17 (Source: P.A. 85-1163; 85-1209; 85-1440.) 18 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84) 19 Sec. 34-84. Appointments and promotions of teachers. 20 Appointments and promotions of teachers shall be made for 21 merit only, and after satisfactory service for a probationary 22 period of 3 years with respect to probationary employees 23 employed as full-time teachers in the public school system of 24 the district before July 1, 1997 and 4 years with respect to 25 probationary employees who are first employed as full-time 26 teachers in the public school system of the district on or 27 after July 1, 1997 (during which period the board may dismiss 28 or discharge any such probationary employee upon the 29 recommendation, accompanied by the written reasons therefor, 30 of the general superintendent of schools) appointments of 31 teachers shall become permanent, subject to removal for cause 32 in the manner provided by Section 34-85. 33 As used in this Article, "teachers" means and includes -6- SRS90S0013KSsa 1 all members of the teaching force excluding the general 2 superintendent and principals. 3 There shall be no reduction in teachers because of a 4 decrease in student membership or a change in subject 5 requirements within the attendance center organization after 6 the 20th day following the first day of the school year, 7 except that: (1) this provision shall not apply to 8 desegregation positions, special education positions, or any 9 other positions funded by State or federal categorical funds, 10 and (2) at attendance centers maintaining any of grades 9 11 through 12, there may be a second reduction in teachers on 12 the first day of the second semester of the regular school 13 term because of a decrease in student membership or a change 14 in subject requirements within the attendance center 15 organization. 16 The school principal shall make the decision in selecting 17 teachers to fill new and vacant positions consistent with 18 Section 34-8.1. 19 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.) 20 Section 99. Effective date. This Act takes effect July 21 1, 1997.
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