103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2679

 

Introduced 1/10/2024, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/24-11  from Ch. 122, par. 24-11

    Amends the Employment of Teachers Article of the School Code. With regard to the Section concerning contractual continued service, removes provisions specifying that the probationary periods are only for service in which a teacher holds a Professional Educator License. Effective July 1, 2024.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2679LRB103 35972 RJT 66059 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 but before July 1, 2023, the probationary
22period shall be one of the following periods, based upon the
23teacher's school terms of service and performance, before the
24teacher shall enter upon contractual continued service in the
25district or in all of the programs that the teacher is legally
26qualified to hold, unless the teacher is given written notice

 

 

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

 

 

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1    under this subdivision (3), the teacher shall provide
2    official copies of his or her 2 most recent overall annual
3    or biennial evaluations from the prior school district or
4    program to the new school district or program within 60
5    days from the teacher's first day of service with the new
6    school district or program. The prior school district or
7    program must provide the teacher with official copies of
8    his or her 2 most recent overall annual or biennial
9    evaluations within 14 days after the teacher's request. If
10    a teacher has requested such official copies prior to 45
11    days after the teacher's first day of service with the new
12    school district or program and the teacher's prior school
13    district or program fails to provide the teacher with the
14    official copies required under this subdivision (3), then
15    the time period for the teacher to submit the official
16    copies to his or her new school district or program must be
17    extended until 14 days after receipt of such copies from
18    the prior school district or program. If the prior school
19    district or program fails to provide the teacher with the
20    official copies required under this subdivision (3) within
21    90 days from the teacher's first day of service with the
22    new school district or program, then the new school
23    district or program shall rely upon the teacher's own
24    copies of his or her evaluations for purposes of this
25    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    (d-5) For any teacher who is first employed as a full-time
16teacher in a school district or program on or after July 1,
172023, the probationary period shall be one of the following
18periods, based upon the teacher's school terms of service and
19performance, before the teacher shall enter upon contractual
20continued service in the district or in all of the programs
21that the teacher is legally qualified to hold, unless the
22teacher is given written notice of dismissal by certified
23mail, return receipt requested, by the employing board on or
24before April 15:
25        (1) 3 consecutive school terms of service in which the
26    teacher holds a Professional Educator License and receives

 

 

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

 

 

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

 

 

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1conclusion of 3 consecutive school terms of service that count
2toward attainment of contractual continued service, the
3teacher's performance does not qualify the teacher for
4contractual continued service under subdivision (1) of this
5subsection (d), then the teacher shall not enter upon
6contractual continued service and shall be dismissed. If a
7performance evaluation is not conducted for any school term
8when such evaluation is required to be conducted under Section
924A-5 of this Code, then the teacher's performance evaluation
10rating for such school term for purposes of determining the
11attainment of contractual continued service shall be deemed
12"Proficient", except that, during any time in which the
13Governor has declared a disaster due to a public health
14emergency pursuant to Section 7 of the Illinois Emergency
15Management Agency Act, this default to "Proficient" does not
16apply to any teacher who has entered into contractual
17continued service and who was deemed "Excellent" on his or her
18most recent evaluation. During any time in which the Governor
19has declared a disaster due to a public health emergency
20pursuant to Section 7 of the Illinois Emergency Management
21Agency Act and unless the school board and any exclusive
22bargaining representative have completed the performance
23rating for teachers or mutually agreed to an alternate
24performance rating, any teacher who has entered into
25contractual continued service, whose most recent evaluation
26was deemed "Excellent", and whose performance evaluation is

 

 

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

 

 

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1teacher in the last year of the probationary period as
2provided in subsection (c) of this Section or subdivision (1)
3or (2) of subsection (d) of this Section or subdivision (1) or
4(2) of subsection (d-5) of this Section, but not subdivision
5(3) of subsection (d) of this Section or subdivision (3) of
6subsection (d-5) of this Section, the written notice of
7dismissal provided by the employing board must contain
8specific reasons for dismissal. Any full-time teacher who does
9not receive written notice from the employing board on or
10before April 15 as provided in this Section and whose
11performance does not require dismissal after the fourth
12probationary year pursuant to subsection (d) of this Section
13or the third probationary year pursuant to subsection (d-5) of
14this Section shall be re-employed for the following school
15term.
16    (g) Contractual continued service shall continue in effect
17the terms and provisions of the contract with the teacher
18during the last school term of the probationary period,
19subject to this Act and the lawful regulations of the
20employing board. This Section and succeeding Sections do not
21modify any existing power of the board except with respect to
22the procedure of the discharge of a teacher and reductions in
23salary as hereinafter provided. Contractual continued service
24status shall not restrict the power of the board to transfer a
25teacher to a position which the teacher is qualified to fill or
26to make such salary adjustments as it deems desirable, but

 

 

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1unless reductions in salary are uniform or based upon some
2reasonable classification, any teacher whose salary is reduced
3shall be entitled to a notice and a hearing as hereinafter
4provided in the case of certain dismissals or removals.
5    (h) If, by reason of any change in the boundaries of school
6districts, by reason of a special education cooperative
7reorganization or dissolution in accordance with Section
810-22.31 of this Code, or by reason of the creation of a new
9school district, 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. 102-552, eff. 1-1-22; 102-854, eff. 5-13-22;
3103-500, eff. 8-4-23.)
 
4    Section 99. Effective date. This Act takes effect July 1,
52024.