HB5060 EngrossedLRB102 24703 RJT 33942 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 Section
524-11 as follows:
 
6    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
7    Sec. 24-11. Boards of Education - Boards of School
8Inspectors - Contractual continued service.
9    (a) As used in this and the succeeding Sections of this
10Article:
11    "Teacher" means any or all school district employees
12regularly required to be licensed under laws relating to the
13licensure of teachers.
14    "Board" means board of directors, board of education, or
15board of school inspectors, as the case may be.
16    "School term" means that portion of the school year, July
171 to the following June 30, when school is in actual session.
18    "Program" means a program of a special education joint
19agreement.
20    "Program of a special education joint agreement" means
21instructional, consultative, supervisory, administrative,
22diagnostic, and related services that are managed by a special
23educational joint agreement designed to service 2 or more

 

 

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1school districts that are members of the joint agreement.
2    "PERA implementation date" means the implementation date
3of an evaluation system for teachers as specified by Section
424A-2.5 of this Code for all schools within a school district
5or all programs of a special education joint agreement.
6    (b) This Section and Sections 24-12 through 24-16 of this
7Article apply only to school districts having less than
8500,000 inhabitants.
9    (c) Any teacher who is first employed as a full-time
10teacher in a school district or program prior to the PERA
11implementation date and who is employed in that district or
12program for a probationary period of 4 consecutive school
13terms shall enter upon contractual continued service in the
14district or in all of the programs that the teacher is legally
15qualified to hold, unless the teacher is given written notice
16of dismissal by certified mail, return receipt requested, by
17the employing board at least 45 days before the end of any
18school term within such period.
19    (d) For any teacher who is first employed as a full-time
20teacher in a school district or program on or after the PERA
21implementation date, the probationary period shall be one of
22the following periods, based upon the teacher's school terms
23of service and performance, before the teacher shall enter
24upon contractual continued service in the district or in all
25of the programs that the teacher is legally qualified to hold,
26unless the teacher is given written notice of dismissal by

 

 

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1certified mail, return receipt requested, by the employing
2board at least 45 days before the end of any school term within
3such period:
4        (1) 3 4 consecutive school terms of service in which
5    the teacher receives overall annual evaluation ratings of
6    at least "Proficient" in the last school term and at least
7    "Proficient" in either the second and or third school
8    terms term;
9        (2) 2 3 consecutive school terms of service in which
10    the teacher receives 2 3 overall annual evaluations of
11    "Excellent"; or
12        (3) 2 consecutive school terms of service in which the
13    teacher receives 2 overall annual evaluations of
14    "Excellent" service, but only if the teacher (i)
15    previously attained contractual continued service in a
16    different school district or program in this State, (ii)
17    voluntarily departed or was honorably dismissed from that
18    school district or program in the school term immediately
19    prior to the teacher's first school term of service
20    applicable to the attainment of contractual continued
21    service under this subdivision (3), and (iii) received, in
22    his or her 2 most recent overall annual or biennial
23    evaluations from the prior school district or program,
24    ratings of at least "Proficient", with both such ratings
25    occurring after the school district's or program's PERA
26    implementation date. For a teacher to attain contractual

 

 

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1    continued service under this subdivision (3), the teacher
2    shall provide official copies of his or her 2 most recent
3    overall annual or biennial evaluations from the prior
4    school district or program to the new school district or
5    program within 60 days from the teacher's first day of
6    service with the new school district or program. The prior
7    school district or program must provide the teacher with
8    official copies of his or her 2 most recent overall annual
9    or biennial evaluations within 14 days after the teacher's
10    request. If a teacher has requested such official copies
11    prior to 45 days after the teacher's first day of service
12    with the new school district or program and the teacher's
13    prior school district or program fails to provide the
14    teacher with the official copies required under this
15    subdivision (3), then the time period for the teacher to
16    submit the official copies to his or her new school
17    district or program must be extended until 14 days after
18    receipt of such copies from the prior school district or
19    program. If the prior school district or program fails to
20    provide the teacher with the official copies required
21    under this subdivision (3) within 90 days from the
22    teacher's first day of service with the new school
23    district or program, then the new school district or
24    program shall rely upon the teacher's own copies of his or
25    her evaluations for purposes of this subdivision (3).
26    If the teacher does not receive overall annual evaluations

 

 

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1of "Excellent" in the school terms necessary for eligibility
2to achieve accelerated contractual continued service in
3subdivisions (2) and (3) of this subsection (d), the teacher
4shall be eligible for contractual continued service pursuant
5to subdivision (1) of this subsection (d). If, at the
6conclusion of 4 consecutive school terms of service that count
7toward attainment of contractual continued service, the
8teacher's performance does not qualify the teacher for
9contractual continued service under subdivision (1) of this
10subsection (d), then the teacher shall not enter upon
11contractual continued service and shall be dismissed. If a
12performance evaluation is not conducted for any school term
13when such evaluation is required to be conducted under Section
1424A-5 of this Code, then the teacher's performance evaluation
15rating for such school term for purposes of determining the
16attainment of contractual continued service shall be deemed
17"Proficient", except that, during any time in which the
18Governor has declared a disaster due to a public health
19emergency pursuant to Section 7 of the Illinois Emergency
20Management Agency Act, this default to "Proficient" does not
21apply to any teacher who has entered into contractual
22continued service and who was deemed "Excellent" on his or her
23most recent evaluation. During any time in which the Governor
24has declared a disaster due to a public health emergency
25pursuant to Section 7 of the Illinois Emergency Management
26Agency Act and unless the school board and any exclusive

 

 

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1bargaining representative have completed the performance
2rating for teachers or mutually agreed to an alternate
3performance rating, any teacher who has entered into
4contractual continued service, whose most recent evaluation
5was deemed "Excellent", and whose performance evaluation is
6not conducted when the evaluation is required to be conducted
7shall receive a teacher's performance rating deemed
8"Excellent". A school board and any exclusive bargaining
9representative may mutually agree to an alternate performance
10rating for teachers not in contractual continued service
11during any time in which the Governor has declared a disaster
12due to a public health emergency pursuant to Section 7 of the
13Illinois Emergency Management Agency Act, as long as the
14agreement is in writing.
15    (e) For the purposes of determining contractual continued
16service, a school term shall be counted only toward attainment
17of contractual continued service if the teacher actually
18teaches or is otherwise present and participating in the
19district's or program's educational program for 120 days or
20more, provided that the days of leave under the federal Family
21Medical Leave Act that the teacher is required to take until
22the end of the school term shall be considered days of teaching
23or participation in the district's or program's educational
24program. A school term that is not counted toward attainment
25of contractual continued service shall not be considered a
26break in service for purposes of determining whether a teacher

 

 

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1has been employed for 4 consecutive school terms, provided
2that the teacher actually teaches or is otherwise present and
3participating in the district's or program's educational
4program in the following school term.
5    (f) If the employing board determines to dismiss the
6teacher in the last year of the probationary period as
7provided in subsection (c) of this Section or subdivision (1)
8or (2) of subsection (d) of this Section, but not subdivision
9(3) of subsection (d) of this Section, the written notice of
10dismissal provided by the employing board must contain
11specific reasons for dismissal. Any full-time teacher who does
12not receive written notice from the employing board at least
1345 days before the end of any school term as provided in this
14Section and whose performance does not require dismissal after
15the fourth probationary year pursuant to subsection (d) of
16this Section shall be re-employed for the following school
17term.
18    (g) Contractual continued service shall continue in effect
19the terms and provisions of the contract with the teacher
20during the last school term of the probationary period,
21subject to this Act and the lawful regulations of the
22employing board. This Section and succeeding Sections do not
23modify any existing power of the board except with respect to
24the procedure of the discharge of a teacher and reductions in
25salary as hereinafter provided. Contractual continued service
26status shall not restrict the power of the board to transfer a

 

 

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1teacher to a position which the teacher is qualified to fill or
2to make such salary adjustments as it deems desirable, but
3unless reductions in salary are uniform or based upon some
4reasonable classification, any teacher whose salary is reduced
5shall be entitled to a notice and a hearing as hereinafter
6provided in the case of certain dismissals or removals.
7    (h) If, by reason of any change in the boundaries of school
8districts or by reason of the creation of a new school
9district, the position held by any teacher having a
10contractual continued service status is transferred from one
11board to the control of a new or different board, then the
12contractual continued service status of the teacher is not
13thereby lost, and such new or different board is subject to
14this Code with respect to the teacher in the same manner as if
15the teacher were its employee and had been its employee during
16the time the teacher was actually employed by the board from
17whose control the position was transferred.
18    (i) The employment of any teacher in a program of a special
19education joint agreement established under Section 3-15.14,
2010-22.31 or 10-22.31a shall be governed by this and succeeding
21Sections of this Article. For purposes of attaining and
22maintaining contractual continued service and computing length
23of continuing service as referred to in this Section and
24Section 24-12, employment in a special educational joint
25program shall be deemed a continuation of all previous
26licensed employment of such teacher for such joint agreement

 

 

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1whether the employer of the teacher was the joint agreement,
2the regional superintendent, or one of the participating
3districts in the joint agreement.
4    (j) For any teacher employed after July 1, 1987 as a
5full-time teacher in a program of a special education joint
6agreement, whether the program is operated by the joint
7agreement or a member district on behalf of the joint
8agreement, in the event of a reduction in the number of
9programs or positions in the joint agreement in which the
10notice of dismissal is provided on or before the end of the
112010-2011 school term, the teacher in contractual continued
12service is eligible for employment in the joint agreement
13programs for which the teacher is legally qualified in order
14of greater length of continuing service in the joint
15agreement, unless an alternative method of determining the
16sequence of dismissal is established in a collective
17bargaining agreement. For any teacher employed after July 1,
181987 as a full-time teacher in a program of a special education
19joint agreement, whether the program is operated by the joint
20agreement or a member district on behalf of the joint
21agreement, in the event of a reduction in the number of
22programs or positions in the joint agreement in which the
23notice of dismissal is provided during the 2011-2012 school
24term or a subsequent school term, the teacher shall be
25included on the honorable dismissal lists of all joint
26agreement programs for positions for which the teacher is

 

 

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

 

 

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1position in any such district in accordance with subsections
2(b) and (c) of Section 24-12 of this Code and the applicable
3honorable dismissal policies of each member district.
4    (l) The governing board of the joint agreement, or the
5administrative district, if so authorized by the articles of
6agreement of the joint agreement, rather than the board of
7education of a school district, may carry out employment and
8termination actions including dismissals under this Section
9and Section 24-12.
10    (m) The employment of any teacher in a special education
11program authorized by Section 14-1.01 through 14-14.01, or a
12joint educational program established under Section 10-22.31a,
13shall be under this and the succeeding Sections of this
14Article, and such employment shall be deemed a continuation of
15the previous employment of such teacher in any of the
16participating districts, regardless of the participation of
17other districts in the program.
18    (n) Any teacher employed as a full-time teacher in a
19special education program prior to September 23, 1987 in which
202 or more school districts participate for a probationary
21period of 2 consecutive years shall enter upon contractual
22continued service in each of the participating districts,
23subject to this and the succeeding Sections of this Article,
24and, notwithstanding Section 24-1.5 of this Code, in the event
25of the termination of the program shall be eligible for any
26vacant position in any of such districts for which such

 

 

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1teacher is qualified.
2(Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22.)
 
3    Section 99. Effective date. This Act takes effect July 1,
42023.