093_SB0317eng

 
SB317 Engrossed                      LRB093 07187 NHT 07342 b

 1        AN ACT concerning schools.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  School  Code  is  amended  by changing
 5    Section 24-11 as follows:

 6        (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
 7        Sec. 24-11.  Boards  of  Education  -  Boards  of  School
 8    Inspectors  - Contractual continued service.  As used in this
 9    and the succeeding Sections of this Article:
10        "Teacher" means any  or  all  school  district  employees
11    regularly required to be certified under laws relating to the
12    certification of teachers.
13        "Board"  means board of directors, board of education, or
14    board of school inspectors, as the case may be.
15        "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
18    Article  apply  only  to  school  districts  having less than
19    500,000 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 45 days  before  the  end  of
26    such  period;  except  that  (i)  for  a teacher who is first
27    employed as a full-time teacher by a school  district  on  or
28    after  January  1, 1998 but before the effective date of this
29    amendatory Act of the 93rd General Assembly and who  has  not
30    before  January  1,  1998  that  date  already  entered  upon
31    contractual   continued   service   in   that  district,  the
 
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 1    probationary period  shall  be  4  consecutive  school  terms
 2    before  the  teacher  shall  enter upon contractual continued
 3    service and (ii) for a teacher who is  first  employed  as  a
 4    full-time  teacher  by  a  school  district  on  or after the
 5    effective date of this amendatory Act  of  the  93rd  General
 6    Assembly  and  who has not before the date of this employment
 7    already entered upon contractual  continued  service  in  any
 8    district  pursuant  to  this  Section  or  achieved permanent
 9    appointment pursuant to  Section  34-84  of  this  Code,  the
10    probationary  period  shall  be  3  consecutive  school terms
11    before the teacher shall  enter  upon  contractual  continued
12    service. For the purpose of determining contractual continued
13    service,  the  first probationary year shall be any full-time
14    employment from a date before November 1 through the  end  of
15    the  school  year.    If,  however,  a  teacher who was first
16    employed prior to January 1, 1998 or  first  employed  on  or
17    after  the  effective date of this amendatory Act of the 93rd
18    General Assembly has not had one  school  term  of  full-time
19    teaching  experience before the beginning of the applicable a
20    probationary  period  of  2  consecutive  school  terms,  the
21    employing board may at its  option  extend  the  probationary
22    period  for  one additional school term by giving the teacher
23    written notice by certified mail, return  receipt  requested,
24    at  least  45  days  before the end of the last second school
25    term of the applicable probationary period of  2  consecutive
26    school  terms  referred to above.  This notice must state the
27    reasons for the one  year  extension  and  must  outline  the
28    corrective   actions   that   the   teacher   must   take  to
29    satisfactorily  complete  probation.   The  changes  made  by
30    Public Act 90-653 and this amendatory Act of the 93rd General
31    Assembly this amendatory  Act  of  1998  are  declaratory  of
32    existing law.
33        Any full-time teacher who is not completing the last year
34    of   the  probationary  period  described  in  the  preceding
 
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 1    paragraph, or any teacher employed on a full-time  basis  not
 2    later  than  January  1  of  the  school  term, shall receive
 3    written notice from the employing  board  at  least  45  days
 4    before  the  end of any school term whether or not he will be
 5    re-employed for the following school term. If the board fails
 6    to give such notice, the employee shall be deemed reemployed,
 7    and not later than the close of the then current school  term
 8    the  board  shall issue a regular contract to the employee as
 9    though the board had reemployed him in the usual manner.
10        Contractual continued service shall  continue  in  effect
11    the  terms  and  provisions  of the contract with the teacher
12    during the last  school  term  of  the  probationary  period,
13    subject  to  this  Act  and  the  lawful  regulations  of the
14    employing board. This Section and succeeding Sections do  not
15    modify any existing power of the board except with respect to
16    the procedure of the discharge of a teacher and reductions in
17    salary as hereinafter provided. Contractual continued service
18    status  shall not restrict the power of the board to transfer
19    a teacher to a position which the  teacher  is  qualified  to
20    fill   or  to  make  such  salary  adjustments  as  it  deems
21    desirable, but unless reductions in  salary  are  uniform  or
22    based  upon some reasonable classification, any teacher whose
23    salary is reduced shall be entitled to a notice and a hearing
24    as hereinafter provided in the case of certain dismissals  or
25    removals.
26        The  employment  of any teacher in a program of a special
27    education joint agreement established under Section  3-15.14,
28    10-22.31  or  10-22.31a  shall  be  under this and succeeding
29    Sections of this Article.   For  purposes  of  attaining  and
30    maintaining   contractual  continued  service  and  computing
31    length of continuing service as referred to in  this  Section
32    and  Section 24-12, employment in a special educational joint
33    program shall  be  deemed  a  continuation  of  all  previous
34    certificated  employment  of  such  teacher  for  such  joint
 
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 1    agreement  whether  the employer of the teacher was the joint
 2    agreement,  the  regional  superintendent,  or  one  of   the
 3    participating districts in the joint agreement.
 4        Any  teacher  employed  after July 1, 1987 as a full-time
 5    teacher in a program of a special education joint  agreement,
 6    whether  the  program is operated by the joint agreement or a
 7    member district on behalf  of  the  joint  agreement,  for  a
 8    probationary  period  of  two  consecutive school terms years
 9    shall enter upon contractual continued service in all of  the
10    programs  conducted by such joint agreement which the teacher
11    is legally qualified to hold; except that (i) for  a  teacher
12    who  is first employed on or after January 1, 1998 but before
13    the effective date of this amendatory Act of the 93rd General
14    Assembly in a program of a special education joint  agreement
15    and  who  has  not  before  January 1, 1998 that date already
16    entered upon contractual continued  service  in  all  of  the
17    programs conducted by the joint agreement that the teacher is
18    legally qualified to hold, the probationary period shall be 4
19    consecutive school terms years before the teacher enters upon
20    contractual  continued  service  in all of those programs and
21    (ii) for a teacher who is first employed by a school district
22    on or after the effective date of this amendatory Act of  the
23    93rd  General  Assembly  in  a program of a special education
24    joint agreement and who has  not  before  the  date  of  this
25    employment already entered upon contractual continued service
26    in   any  district  pursuant  to  this  Section  or  achieved
27    permanent appointment pursuant to Section 34-84 of this Code,
28    the probationary period shall be 3 consecutive  school  terms
29    before  the teacher enters upon contractual continued service
30    in all of the programs conducted by the joint  agreement  for
31    which  the  teacher  is legally qualified.  In the event of a
32    reduction in the number of programs or positions in the joint
33    agreement, the teacher on contractual continued service shall
34    be eligible for employment in the  joint  agreement  programs
 
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 1    for  which  the  teacher  is  legally  qualified  in order of
 2    greater length of continuing service in the  joint  agreement
 3    unless  an  alternative method of determining the sequence of
 4    dismissal  is  established   in   a   collective   bargaining
 5    agreement.   In  the  event  of  the  dissolution  of a joint
 6    agreement, the teacher on contractual continued  service  who
 7    is  legally  qualified  shall  be  assigned to any comparable
 8    position in a member district currently held by a teacher who
 9    has not entered upon contractual continued service or held by
10    a teacher who has entered upon contractual continued  service
11    with shorter length of contractual continued service.
12        The  governing  board  of  the  joint  agreement,  or the
13    administrative district, if so authorized by the articles  of
14    agreement  of  the  joint agreement, rather than the board of
15    education of a school district, may carry out employment  and
16    termination  actions  including dismissals under this Section
17    and Section 24-12.
18        For purposes of this  and  succeeding  Sections  of  this
19    Article,  a  program of a special educational joint agreement
20    shall be defined as instructional, consultative, supervisory,
21    administrative, diagnostic, and related  services  which  are
22    managed  by  the special educational joint agreement designed
23    to service two or more districts which  are  members  of  the
24    joint agreement.
25        Each  joint  agreement  shall  be  required  to  post  by
26    February 1, a list of all its employees in order of length of
27    continuing   service   in  the  joint  agreement,  unless  an
28    alternative method of determining a sequence of dismissal  is
29    established in an applicable collective bargaining agreement.
30        The  employment  of  any  teacher  in a special education
31    program authorized by Section 14-1.01 through 14-14.01, or  a
32    joint   educational   program   established   under   Section
33    10-22.31a, shall be under this and the succeeding Sections of
34    this   Article,   and  such  employment  shall  be  deemed  a
 
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 1    continuation of the previous employment of  such  teacher  in
 2    any   of  the  participating  districts,  regardless  of  the
 3    participation of other districts in the program. Any  teacher
 4    employed  as  a  full-time  teacher  in  a  special education
 5    program prior to September 23, 1987 in which 2 or more school
 6    districts  participate  for  a  probationary  period   of   2
 7    consecutive  years  shall  enter  upon  contractual continued
 8    service in each of the participating  districts,  subject  to
 9    this  and the succeeding Sections of this Article, and in the
10    event of the termination of the program shall be eligible for
11    any vacant position in any of such districts for  which  such
12    teacher is qualified.
13    (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)

14        Section  90.  The State Mandates Act is amended by adding
15    Section 8.27 as follows:

16        (30 ILCS 805/8.27 new)
17        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
18    and  8 of this Act, no reimbursement by the State is required
19    for  the  implementation  of  any  mandate  created  by  this
20    amendatory Act of the 93rd General Assembly.

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.