Full Text of SB3624 100th General Assembly
SB3624 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB3624 Introduced 7/25/2018, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
| |
Amends the School Code. Provides that if an individual is dismissed by a school district for committing a physical or sexual act on a student, the State Educator Preparation and Licensure Board shall immediately suspend, pending revocation, any license issued to that individual under the Educator Licensure Article of the Code. With regard to employee dismissal proceedings, provides that in the case of charges involving physical or sexual contact with a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized. Amends the Employment Record Disclosure Act. Provides that a current or former employer and any authorized employee or agent acting on its behalf who, whether upon inquiry or on its own initiative, provides information to a school district created under the School Code orally or in writing that it believes in good faith to be true or based upon an accurate record about a current or former employee's job performance, record of misconduct, disciplinary history, or criminal history shall be immune from any cause of action or civil liability related to or stemming from that communication. Amends the Personnel Record Review Act to provide that certain disclosure requirements under the Act do not apply to a school district responding to an inquiry from a prospective employer or to activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of minors. Makes conforming and other changes.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB3624 | | LRB100 22482 AXK 41373 b |
|
| 1 | | AN ACT concerning education.
| 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 Sections | 5 | | 21B-75, 24-12, 27A-5, and 34-85 as follows: | 6 | | (105 ILCS 5/21B-75) | 7 | | Sec. 21B-75. Suspension or revocation of license. | 8 | | (a) As used in this Section, "teacher" means any school | 9 | | district employee regularly required to be licensed, as | 10 | | provided in this Article, in order to teach or supervise in the | 11 | | public schools. | 12 | | (b) Except as provided under subsection (b-5) of this | 13 | | Section, the The State Superintendent of Education has the | 14 | | exclusive authority, in accordance with this Section and any | 15 | | rules adopted by the State Board of Education, in consultation | 16 | | with the State Educator Preparation and Licensure Board, to | 17 | | initiate the suspension of up to 5 calendar years or revocation | 18 | | of any license issued pursuant to this Article for abuse or | 19 | | neglect of a child, immorality, a condition of health | 20 | | detrimental to the welfare of pupils, incompetency, | 21 | | unprofessional conduct (which includes the failure to disclose | 22 | | on an employment application any previous conviction for a sex | 23 | | offense, as defined in Section 21B-80 of this Code, or any |
| | | SB3624 | - 2 - | LRB100 22482 AXK 41373 b |
|
| 1 | | other offense committed in any other state or against the laws | 2 | | of the United States that, if committed in this State, would be | 3 | | punishable as a sex offense, as defined in Section 21B-80 of | 4 | | this Code), the neglect of any professional duty, willful | 5 | | failure to report an instance of suspected child abuse or | 6 | | neglect as required by the Abused and Neglected Child Reporting | 7 | | Act, failure to establish satisfactory repayment on an | 8 | | educational loan guaranteed by the Illinois Student Assistance | 9 | | Commission, or other just cause. Unprofessional conduct shall | 10 | | include the refusal to attend or participate in institutes, | 11 | | teachers' meetings, or professional readings or to meet other | 12 | | reasonable requirements of the regional superintendent of | 13 | | schools or State Superintendent of Education. Unprofessional | 14 | | conduct also includes conduct that violates the standards, | 15 | | ethics, or rules applicable to the security, administration, | 16 | | monitoring, or scoring of or the reporting of scores from any | 17 | | assessment test or examination administered under Section | 18 | | 2-3.64a-5 of this Code or that is known or intended to produce | 19 | | or report manipulated or artificial, rather than actual, | 20 | | assessment or achievement results or gains from the | 21 | | administration of those tests or examinations. Unprofessional | 22 | | conduct shall also include neglect or unnecessary delay in the | 23 | | making of statistical and other reports required by school | 24 | | officers. Incompetency shall include, without limitation, 2 or | 25 | | more school terms of service for which the license holder has | 26 | | received an unsatisfactory rating on a performance evaluation |
| | | SB3624 | - 3 - | LRB100 22482 AXK 41373 b |
|
| 1 | | conducted pursuant to Article 24A of this Code within a period | 2 | | of 7 school terms of service. In determining whether to | 3 | | initiate action against one or more licenses based on | 4 | | incompetency and the recommended sanction for such action, the | 5 | | State Superintendent shall consider factors that include | 6 | | without limitation all of the following: | 7 | | (1) Whether the unsatisfactory evaluation ratings | 8 | | occurred prior to June 13, 2011 (the effective date of | 9 | | Public Act 97-8). | 10 | | (2) Whether the unsatisfactory evaluation ratings | 11 | | occurred prior to or after the implementation date, as | 12 | | defined in Section 24A-2.5 of this Code, of an evaluation | 13 | | system for teachers in a school district. | 14 | | (3) Whether the evaluator or evaluators who performed | 15 | | an unsatisfactory evaluation met the pre-licensure and | 16 | | training requirements set forth in Section 24A-3 of this | 17 | | Code. | 18 | | (4) The time between the unsatisfactory evaluation | 19 | | ratings. | 20 | | (5) The quality of the remediation plans associated | 21 | | with the unsatisfactory evaluation ratings and whether the | 22 | | license holder successfully completed the remediation | 23 | | plans. | 24 | | (6) Whether the unsatisfactory evaluation ratings were | 25 | | related to the same or different assignments performed by | 26 | | the license holder. |
| | | SB3624 | - 4 - | LRB100 22482 AXK 41373 b |
|
| 1 | | (7) Whether one or more of the unsatisfactory | 2 | | evaluation ratings occurred in the first year of a teaching | 3 | | or administrative assignment. | 4 | | When initiating an action against one or more licenses, the | 5 | | State Superintendent may seek required professional | 6 | | development as a sanction in lieu of or in addition to | 7 | | suspension or revocation. Any such required professional | 8 | | development must be at the expense of the license holder, who | 9 | | may use, if available and applicable to the requirements | 10 | | established by administrative or court order, training, | 11 | | coursework, or other professional development funds in | 12 | | accordance with the terms of an applicable collective | 13 | | bargaining agreement entered into after June 13, 2011 (the | 14 | | effective date of Public Act 97-8), unless that agreement | 15 | | specifically precludes use of funds for such purpose. | 16 | | (b-5) If an individual is dismissed by a school district | 17 | | for committing a physical or sexual act on a student, the State | 18 | | Educator Preparation and Licensure Board shall immediately | 19 | | suspend, pending revocation, any license issued to that | 20 | | individual under this Article. The State Superintendent of | 21 | | Education shall serve the individual written notice and afford | 22 | | him or her the opportunity for a hearing on the proposed | 23 | | revocation. | 24 | | (c) Except as provided under subsection (b-5) of this | 25 | | Section, the The State Superintendent of Education shall, upon | 26 | | receipt of evidence of abuse or neglect of a child, immorality, |
| | | SB3624 | - 5 - | LRB100 22482 AXK 41373 b |
|
| 1 | | a condition of health detrimental to the welfare of pupils, | 2 | | incompetency (subject to subsection (b) of this Section), | 3 | | unprofessional conduct, the neglect of any professional duty, | 4 | | or other just cause, further investigate and, if and as | 5 | | appropriate, serve written notice to the individual and afford | 6 | | the individual opportunity for a hearing prior to suspension, | 7 | | revocation, or other sanction; provided that the State | 8 | | Superintendent is under no obligation to initiate such an | 9 | | investigation if the Department of Children and Family Services | 10 | | is investigating the same or substantially similar allegations | 11 | | and its child protective service unit has not made its | 12 | | determination, as required under Section 7.12 of the Abused and | 13 | | Neglected Child Reporting Act. If the State Superintendent of | 14 | | Education does not receive from an individual a request for a | 15 | | hearing within 10 days after the individual receives notice, | 16 | | the suspension, revocation, or other sanction shall | 17 | | immediately take effect in accordance with the notice. If a | 18 | | hearing is requested within 10 days after notice of an | 19 | | opportunity for hearing, it shall act as a stay of proceedings | 20 | | until the State Educator Preparation and Licensure Board issues | 21 | | a decision. Any hearing shall take place in the educational | 22 | | service region where the educator is or was last employed and | 23 | | in accordance with rules adopted by the State Board of | 24 | | Education, in consultation with the State Educator Preparation | 25 | | and Licensure Board, and such rules shall include without | 26 | | limitation provisions for discovery and the sharing of |
| | | SB3624 | - 6 - | LRB100 22482 AXK 41373 b |
|
| 1 | | information between parties prior to the hearing. The standard | 2 | | of proof for any administrative hearing held pursuant to this | 3 | | Section shall be by the preponderance of the evidence. The | 4 | | decision of the State Educator Preparation and Licensure Board | 5 | | is a final administrative decision and is subject to judicial | 6 | | review by appeal of either party. | 7 | | The State Board of Education may refuse to issue or may | 8 | | suspend the license of any person who fails to file a return or | 9 | | to pay the tax, penalty, or interest shown in a filed return or | 10 | | to pay any final assessment of tax, penalty, or interest, as | 11 | | required by any tax Act administered by the Department of | 12 | | Revenue, until such time as the requirements of any such tax | 13 | | Act are satisfied. | 14 | | The exclusive authority of the State Superintendent of | 15 | | Education to initiate suspension or revocation of a license | 16 | | pursuant to this Section does not preclude a regional | 17 | | superintendent of schools from cooperating with the State | 18 | | Superintendent or a State's Attorney with respect to an | 19 | | investigation of alleged misconduct. | 20 | | (d) The State Superintendent of Education or his or her | 21 | | designee may initiate and conduct such investigations as may be | 22 | | reasonably necessary to establish the existence of any alleged | 23 | | misconduct. At any stage of the investigation, the State | 24 | | Superintendent may issue a subpoena requiring the attendance | 25 | | and testimony of a witness, including the license holder, and | 26 | | the production of any evidence, including files, records, |
| | | SB3624 | - 7 - | LRB100 22482 AXK 41373 b |
|
| 1 | | correspondence, or documents, relating to any matter in | 2 | | question in the investigation. The subpoena shall require a | 3 | | witness to appear at the State Board of Education at a | 4 | | specified date and time and shall specify any evidence to be | 5 | | produced. The license holder is not entitled to be present, but | 6 | | the State Superintendent shall provide the license holder with | 7 | | a copy of any recorded testimony prior to a hearing under this | 8 | | Section. Such recorded testimony must not be used as evidence | 9 | | at a hearing, unless the license holder has adequate notice of | 10 | | the testimony and the opportunity to cross-examine the witness. | 11 | | Failure of a license holder to comply with a duly issued, | 12 | | investigatory subpoena may be grounds for revocation, | 13 | | suspension, or denial of a license. | 14 | | (e) All correspondence, documentation, and other | 15 | | information so received by the regional superintendent of | 16 | | schools, the State Superintendent of Education, the State Board | 17 | | of Education, or the State Educator Preparation and Licensure | 18 | | Board under this Section is confidential and must not be | 19 | | disclosed to third parties, except (i) as necessary for the | 20 | | State Superintendent of Education or his or her designee to | 21 | | investigate and prosecute pursuant to this Article, (ii) | 22 | | pursuant to a court order, (iii) for disclosure to the license | 23 | | holder or his or her representative, or (iv) as otherwise | 24 | | required in this Article and provided that any such information | 25 | | admitted into evidence in a hearing is exempt from this | 26 | | confidentiality and non-disclosure requirement. |
| | | SB3624 | - 8 - | LRB100 22482 AXK 41373 b |
|
| 1 | | (f) The State Superintendent of Education or a person | 2 | | designated by him or her shall have the power to administer | 3 | | oaths to witnesses at any hearing conducted before the State | 4 | | Educator Preparation and Licensure Board pursuant to this | 5 | | Section. The State Superintendent of Education or a person | 6 | | designated by him or her is authorized to subpoena and bring | 7 | | before the State Educator Preparation and Licensure Board any | 8 | | person in this State and to take testimony either orally or by | 9 | | deposition or by exhibit, with the same fees and mileage and in | 10 | | the same manner as prescribed by law in judicial proceedings in | 11 | | civil cases in circuit courts of this State. | 12 | | (g) Any circuit court, upon the application of the State | 13 | | Superintendent of Education or the license holder, may, by | 14 | | order duly entered, require the attendance of witnesses and the | 15 | | production of relevant books and papers as part of any | 16 | | investigation or at any hearing the State Educator Preparation | 17 | | and Licensure Board is authorized to conduct pursuant to this | 18 | | Section, and the court may compel obedience to its orders by | 19 | | proceedings for contempt. | 20 | | (h) The State Board of Education shall receive an annual | 21 | | line item appropriation to cover fees associated with the | 22 | | investigation and prosecution of alleged educator misconduct | 23 | | and hearings related thereto.
| 24 | | (Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff. | 25 | | 6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
|
| | | SB3624 | - 9 - | LRB100 22482 AXK 41373 b |
|
| 1 | | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
| 2 | | Sec. 24-12. Removal or dismissal of teachers in contractual
| 3 | | continued service. | 4 | | (a) This subsection (a) applies only to honorable | 5 | | dismissals and recalls in which the notice of dismissal is | 6 | | provided on or before the end of the 2010-2011 school term. If | 7 | | a teacher in contractual continued service is
removed or | 8 | | dismissed as a result of a decision of the board to decrease
| 9 | | the number of teachers employed by the board or to discontinue | 10 | | some
particular type of teaching service, written notice shall | 11 | | be mailed to the
teacher and also given the
teacher either by | 12 | | certified mail, return receipt requested or
personal delivery | 13 | | with receipt at least 60
days before
the end of the school | 14 | | term, together with a statement of honorable
dismissal and the | 15 | | reason therefor, and in all such cases the board shall
first | 16 | | remove or dismiss all teachers who have not entered upon | 17 | | contractual
continued service before removing or dismissing | 18 | | any teacher who has entered
upon contractual continued service | 19 | | and who is legally qualified to hold a
position currently held | 20 | | by a teacher who has not entered upon contractual
continued | 21 | | service. | 22 | | As between teachers who have entered upon contractual
| 23 | | continued service, the teacher or teachers with the shorter | 24 | | length of
continuing service with the district shall be | 25 | | dismissed first
unless an alternative method of determining the | 26 | | sequence of dismissal is
established in a collective bargaining |
| | | SB3624 | - 10 - | LRB100 22482 AXK 41373 b |
|
| 1 | | agreement or contract between the
board and a professional | 2 | | faculty members' organization and except that
this provision | 3 | | shall not impair the operation of any affirmative action
| 4 | | program in the district, regardless of whether it exists by | 5 | | operation of
law or is conducted on a voluntary basis by the | 6 | | board. Any teacher
dismissed as a result of such decrease or | 7 | | discontinuance shall be paid
all earned compensation on or | 8 | | before the third business day following
the last day of pupil | 9 | | attendance in the regular school term. | 10 | | If the
board has any vacancies for the following school | 11 | | term or within one
calendar year from the beginning of the | 12 | | following school term, the
positions thereby becoming | 13 | | available shall be tendered to the teachers
so removed or | 14 | | dismissed so far as they are legally qualified to hold
such | 15 | | positions; provided, however, that if the number of honorable
| 16 | | dismissal notices based on economic necessity exceeds 15% of | 17 | | the number of
full time equivalent positions filled by | 18 | | certified employees (excluding
principals and administrative | 19 | | personnel) during the preceding school year,
then if the board | 20 | | has any vacancies for the following school term or within
2 | 21 | | calendar years from the beginning of the following
school term, | 22 | | the positions so becoming available shall be tendered to the
| 23 | | teachers who were so notified and removed or dismissed whenever | 24 | | they are
legally qualified to hold such positions. Each board | 25 | | shall, in consultation
with any exclusive employee | 26 | | representatives, each year establish a list,
categorized by |
| | | SB3624 | - 11 - | LRB100 22482 AXK 41373 b |
|
| 1 | | positions, showing the length of continuing service of each
| 2 | | teacher who is qualified to hold any such positions, unless an | 3 | | alternative
method of determining a sequence of dismissal is | 4 | | established as provided
for in this Section, in which case a | 5 | | list shall be made in accordance with
the alternative method. | 6 | | Copies of the list shall be distributed to the
exclusive | 7 | | employee representative on or before February 1 of each year.
| 8 | | Whenever the number of honorable dismissal notices based upon | 9 | | economic
necessity exceeds 5, or 150% of the average number of | 10 | | teachers honorably
dismissed in the preceding 3 years, | 11 | | whichever is more, then the board also
shall hold a public | 12 | | hearing on the question of the dismissals. Following
the | 13 | | hearing and board review the action to approve any such | 14 | | reduction shall
require a majority vote of the board members.
| 15 | | (b) This subsection (b) applies only to honorable | 16 | | dismissals and recalls in which the notice of dismissal is | 17 | | provided during the 2011-2012 school term or a subsequent | 18 | | school term. If any teacher, whether or not in contractual | 19 | | continued service, is removed or dismissed as a result of a | 20 | | decision of a school board to decrease the number of teachers | 21 | | employed by the board, a decision of a school board to | 22 | | discontinue some particular type of teaching service, or a | 23 | | reduction in the number of programs or positions in a special | 24 | | education joint agreement, then written notice must be mailed | 25 | | to the teacher and also given to the teacher either by | 26 | | certified mail, return receipt requested, or personal delivery |
| | | SB3624 | - 12 - | LRB100 22482 AXK 41373 b |
|
| 1 | | with receipt at least 45 days before the end of the school | 2 | | term, together with a statement of honorable dismissal and the | 3 | | reason therefor, and in all such cases the sequence of | 4 | | dismissal shall occur in accordance with this subsection (b); | 5 | | except that this subsection (b) shall not impair the operation | 6 | | of any affirmative action program in the school district, | 7 | | regardless of whether it exists by operation of law or is | 8 | | conducted on a voluntary basis by the board. | 9 | | Each teacher must be categorized into one or more positions | 10 | | for which the teacher is qualified to hold, based upon legal | 11 | | qualifications and any other qualifications established in a | 12 | | district or joint agreement job description, on or before the | 13 | | May 10 prior to the school year during which the sequence of | 14 | | dismissal is determined. Within each position and subject to | 15 | | agreements made by the joint committee on honorable dismissals | 16 | | that are authorized by subsection (c) of this Section, the | 17 | | school district or joint agreement must establish 4 groupings | 18 | | of teachers qualified to hold the position as follows: | 19 | | (1) Grouping one shall consist of each teacher who is | 20 | | not in contractual continued service and who (i) has not | 21 | | received a performance evaluation rating, (ii) is employed | 22 | | for one school term or less to replace a teacher on leave, | 23 | | or (iii) is employed on a part-time basis. "Part-time | 24 | | basis" for the purposes of this subsection (b) means a | 25 | | teacher who is employed to teach less than a full-day, | 26 | | teacher workload or less than 5 days of the normal student |
| | | SB3624 | - 13 - | LRB100 22482 AXK 41373 b |
|
| 1 | | attendance week, unless otherwise provided for in a | 2 | | collective bargaining agreement between the district and | 3 | | the exclusive representative of the district's teachers. | 4 | | For the purposes of this Section, a teacher (A) who is | 5 | | employed as a full-time teacher but who actually teaches or | 6 | | is otherwise present and participating in the district's | 7 | | educational program for less than a school term or (B) who, | 8 | | in the immediately previous school term, was employed on a | 9 | | full-time basis and actually taught or was otherwise | 10 | | present and participated in the district's educational | 11 | | program for 120 days or more is not considered employed on | 12 | | a part-time basis. | 13 | | (2) Grouping 2 shall consist of each teacher with a | 14 | | Needs Improvement or Unsatisfactory performance evaluation | 15 | | rating on either of the teacher's last 2 performance | 16 | | evaluation ratings. | 17 | | (3) Grouping 3 shall consist of each teacher with a | 18 | | performance evaluation rating of at least Satisfactory or | 19 | | Proficient on both of the teacher's last 2 performance | 20 | | evaluation ratings, if 2 ratings are available, or on the | 21 | | teacher's last performance evaluation rating, if only one | 22 | | rating is available, unless the teacher qualifies for | 23 | | placement into grouping 4. | 24 | | (4) Grouping 4 shall consist of each teacher whose last | 25 | | 2 performance evaluation ratings are Excellent and each | 26 | | teacher with 2 Excellent performance evaluation ratings |
| | | SB3624 | - 14 - | LRB100 22482 AXK 41373 b |
|
| 1 | | out of the teacher's last 3 performance evaluation ratings | 2 | | with a third rating of Satisfactory or Proficient. | 3 | | Among teachers qualified to hold a position, teachers must | 4 | | be dismissed in the order of their groupings, with teachers in | 5 | | grouping one dismissed first and teachers in grouping 4 | 6 | | dismissed last. | 7 | | Within grouping one, the sequence of dismissal must be at | 8 | | the discretion of the school district or joint agreement. | 9 | | Within grouping 2, the sequence of dismissal must be based upon | 10 | | average performance evaluation ratings, with the teacher or | 11 | | teachers with the lowest average performance evaluation rating | 12 | | dismissed first. A teacher's average performance evaluation | 13 | | rating must be calculated using the average of the teacher's | 14 | | last 2 performance evaluation ratings, if 2 ratings are | 15 | | available, or the teacher's last performance evaluation | 16 | | rating, if only one rating is available, using the following | 17 | | numerical values: 4 for Excellent; 3 for Proficient or | 18 | | Satisfactory; 2 for Needs Improvement; and 1 for | 19 | | Unsatisfactory. As between or among teachers in grouping 2 with | 20 | | the same average performance evaluation rating and within each | 21 | | of groupings 3 and 4, the teacher or teachers with the shorter | 22 | | length of continuing service with the school district or joint | 23 | | agreement must be dismissed first unless an alternative method | 24 | | of determining the sequence of dismissal is established in a | 25 | | collective bargaining agreement or contract between the board | 26 | | and a professional faculty members' organization. |
| | | SB3624 | - 15 - | LRB100 22482 AXK 41373 b |
|
| 1 | | Each board, including the governing board of a joint | 2 | | agreement, shall, in consultation with any exclusive employee | 3 | | representatives, each year establish a sequence of honorable | 4 | | dismissal list categorized by positions and the groupings | 5 | | defined in this subsection (b). Copies of the list showing each | 6 | | teacher by name and categorized by positions and the groupings | 7 | | defined in this subsection (b) must be distributed to the | 8 | | exclusive bargaining representative at least 75 days before the | 9 | | end of the school term, provided that the school district or | 10 | | joint agreement may, with notice to any exclusive employee | 11 | | representatives, move teachers from grouping one into another | 12 | | grouping during the period of time from 75 days until 45 days | 13 | | before the end of the school term. Each year, each board shall | 14 | | also establish, in consultation with any exclusive employee | 15 | | representatives, a list showing the length of continuing | 16 | | service of each teacher who is qualified to hold any such | 17 | | positions, unless an alternative method of determining a | 18 | | sequence of dismissal is established as provided for in this | 19 | | Section, in which case a list must be made in accordance with | 20 | | the alternative method. Copies of the list must be distributed | 21 | | to the exclusive employee representative at least 75 days | 22 | | before the end of the school term. | 23 | | Any teacher dismissed as a result of such decrease or | 24 | | discontinuance must be paid all earned compensation on or | 25 | | before the third business day following the last day of pupil | 26 | | attendance in the regular school term. |
| | | SB3624 | - 16 - | LRB100 22482 AXK 41373 b |
|
| 1 | | If the board or joint agreement has any vacancies for the | 2 | | following school term or within one calendar year from the | 3 | | beginning of the following school term, the positions thereby | 4 | | becoming available must be tendered to the teachers so removed | 5 | | or dismissed who were in groupings 3 or 4 of the sequence of | 6 | | dismissal and are qualified to hold the positions, based upon | 7 | | legal qualifications and any other qualifications established | 8 | | in a district or joint agreement job description, on or before | 9 | | the May 10 prior to the date of the positions becoming | 10 | | available, provided that if the number of honorable dismissal | 11 | | notices based on economic necessity exceeds 15% of the number | 12 | | of full-time equivalent positions filled by certified | 13 | | employees (excluding principals and administrative personnel) | 14 | | during the preceding school year, then the recall period is for | 15 | | the following school term or within 2 calendar years from the | 16 | | beginning of the following school term. If the board or joint | 17 | | agreement has any vacancies within the period from the | 18 | | beginning of the following school term through February 1 of | 19 | | the following school term (unless a date later than February 1, | 20 | | but no later than 6 months from the beginning of the following | 21 | | school term, is established in a collective bargaining | 22 | | agreement), the positions thereby becoming available must be | 23 | | tendered to the teachers so removed or dismissed who were in | 24 | | grouping 2 of the sequence of dismissal due to one "needs | 25 | | improvement" rating on either of the teacher's last 2 | 26 | | performance evaluation ratings, provided that, if 2 ratings are |
| | | SB3624 | - 17 - | LRB100 22482 AXK 41373 b |
|
| 1 | | available, the other performance evaluation rating used for | 2 | | grouping purposes is "satisfactory", "proficient", or | 3 | | "excellent", and are qualified to hold the positions, based | 4 | | upon legal qualifications and any other qualifications | 5 | | established in a district or joint agreement job description, | 6 | | on or before the May 10 prior to the date of the positions | 7 | | becoming available. On and after the effective date of this | 8 | | amendatory Act of the 98th General Assembly, the preceding | 9 | | sentence shall apply to teachers removed or dismissed by | 10 | | honorable dismissal, even if notice of honorable dismissal | 11 | | occurred during the 2013-2014 school year. Among teachers | 12 | | eligible for recall pursuant to the preceding sentence, the | 13 | | order of recall must be in inverse order of dismissal, unless | 14 | | an alternative order of recall is established in a collective | 15 | | bargaining agreement or contract between the board and a | 16 | | professional faculty members' organization. Whenever the | 17 | | number of honorable dismissal notices based upon economic | 18 | | necessity exceeds 5 notices or 150% of the average number of | 19 | | teachers honorably dismissed in the preceding 3 years, | 20 | | whichever is more, then the school board or governing board of | 21 | | a joint agreement, as applicable, shall also hold a public | 22 | | hearing on the question of the dismissals. Following the | 23 | | hearing and board review, the action to approve any such | 24 | | reduction shall require a majority vote of the board members. | 25 | | For purposes of this subsection (b), subject to agreement | 26 | | on an alternative definition reached by the joint committee |
| | | SB3624 | - 18 - | LRB100 22482 AXK 41373 b |
|
| 1 | | described in subsection (c) of this Section, a teacher's | 2 | | performance evaluation rating means the overall performance | 3 | | evaluation rating resulting from an annual or biennial | 4 | | performance evaluation conducted pursuant to Article 24A of | 5 | | this Code by the school district or joint agreement determining | 6 | | the sequence of dismissal, not including any performance | 7 | | evaluation conducted during or at the end of a remediation | 8 | | period. No more than one evaluation rating each school term | 9 | | shall be one of the evaluation ratings used for the purpose of | 10 | | determining the sequence of dismissal. Except as otherwise | 11 | | provided in this subsection for any performance evaluations | 12 | | conducted during or at the end of a remediation period, if | 13 | | multiple performance evaluations are conducted in a school | 14 | | term, only the rating from the last evaluation conducted prior | 15 | | to establishing the sequence of honorable dismissal list in | 16 | | such school term shall be the one evaluation rating from that | 17 | | school term used for the purpose of determining the sequence of | 18 | | dismissal. Averaging ratings from multiple evaluations is not | 19 | | permitted unless otherwise agreed to in a collective bargaining | 20 | | agreement or contract between the board and a professional | 21 | | faculty members' organization. The preceding 3 sentences are | 22 | | not a legislative declaration that existing law does or does | 23 | | not already require that only one performance evaluation each | 24 | | school term shall be used for the purpose of determining the | 25 | | sequence of dismissal. For performance evaluation ratings | 26 | | determined prior to September 1, 2012, any school district or |
| | | SB3624 | - 19 - | LRB100 22482 AXK 41373 b |
|
| 1 | | joint agreement with a performance evaluation rating system | 2 | | that does not use either of the rating category systems | 3 | | specified in subsection (d) of Section 24A-5 of this Code for | 4 | | all teachers must establish a basis for assigning each teacher | 5 | | a rating that complies with subsection (d) of Section 24A-5 of | 6 | | this Code for all of the performance evaluation ratings that | 7 | | are to be used to determine the sequence of dismissal. A | 8 | | teacher's grouping and ranking on a sequence of honorable | 9 | | dismissal shall be deemed a part of the teacher's performance | 10 | | evaluation, and that information shall be disclosed to the | 11 | | exclusive bargaining representative as part of a sequence of | 12 | | honorable dismissal list, notwithstanding any laws prohibiting | 13 | | disclosure of such information. A performance evaluation | 14 | | rating may be used to determine the sequence of dismissal, | 15 | | notwithstanding the pendency of any grievance resolution or | 16 | | arbitration procedures relating to the performance evaluation. | 17 | | If a teacher has received at least one performance evaluation | 18 | | rating conducted by the school district or joint agreement | 19 | | determining the sequence of dismissal and a subsequent | 20 | | performance evaluation is not conducted in any school year in | 21 | | which such evaluation is required to be conducted under Section | 22 | | 24A-5 of this Code, the teacher's performance evaluation rating | 23 | | for that school year for purposes of determining the sequence | 24 | | of dismissal is deemed Proficient. If a performance evaluation | 25 | | rating is nullified as the result of an arbitration, | 26 | | administrative agency, or court determination, then the school |
| | | SB3624 | - 20 - | LRB100 22482 AXK 41373 b |
|
| 1 | | district or joint agreement is deemed to have conducted a | 2 | | performance evaluation for that school year, but the | 3 | | performance evaluation rating may not be used in determining | 4 | | the sequence of dismissal. | 5 | | Nothing in this subsection (b) shall be construed as | 6 | | limiting the right of a school board or governing board of a | 7 | | joint agreement to dismiss a teacher not in contractual | 8 | | continued service in accordance with Section 24-11 of this | 9 | | Code. | 10 | | Any provisions regarding the sequence of honorable | 11 | | dismissals and recall of honorably dismissed teachers in a | 12 | | collective bargaining agreement entered into on or before | 13 | | January 1, 2011 and in effect on the effective date of this | 14 | | amendatory Act of the 97th General Assembly that may conflict | 15 | | with this amendatory Act of the 97th General Assembly shall | 16 | | remain in effect through the expiration of such agreement or | 17 | | June 30, 2013, whichever is earlier. | 18 | | (c) Each school district and special education joint | 19 | | agreement must use a joint committee composed of equal | 20 | | representation selected by the school board and its teachers | 21 | | or, if applicable, the exclusive bargaining representative of | 22 | | its teachers, to address the matters described in paragraphs | 23 | | (1) through (5) of this subsection (c) pertaining to honorable | 24 | | dismissals under subsection (b) of this Section. | 25 | | (1) The joint committee must consider and may agree to | 26 | | criteria for excluding from grouping 2 and placing into |
| | | SB3624 | - 21 - | LRB100 22482 AXK 41373 b |
|
| 1 | | grouping 3 a teacher whose last 2 performance evaluations | 2 | | include a Needs Improvement and either a Proficient or | 3 | | Excellent. | 4 | | (2) The joint committee must consider and may agree to | 5 | | an alternative definition for grouping 4, which definition | 6 | | must take into account prior performance evaluation | 7 | | ratings and may take into account other factors that relate | 8 | | to the school district's or program's educational | 9 | | objectives. An alternative definition for grouping 4 may | 10 | | not permit the inclusion of a teacher in the grouping with | 11 | | a Needs Improvement or Unsatisfactory performance | 12 | | evaluation rating on either of the teacher's last 2 | 13 | | performance evaluation ratings. | 14 | | (3) The joint committee may agree to including within | 15 | | the definition of a performance evaluation rating a | 16 | | performance evaluation rating administered by a school | 17 | | district or joint agreement other than the school district | 18 | | or joint agreement determining the sequence of dismissal. | 19 | | (4) For each school district or joint agreement that | 20 | | administers performance evaluation ratings that are | 21 | | inconsistent with either of the rating category systems | 22 | | specified in subsection (d) of Section 24A-5 of this Code, | 23 | | the school district or joint agreement must consult with | 24 | | the joint committee on the basis for assigning a rating | 25 | | that complies with subsection (d) of Section 24A-5 of this | 26 | | Code to each performance evaluation rating that will be |
| | | SB3624 | - 22 - | LRB100 22482 AXK 41373 b |
|
| 1 | | used in a sequence of dismissal. | 2 | | (5) Upon request by a joint committee member submitted | 3 | | to the employing board by no later than 10 days after the | 4 | | distribution of the sequence of honorable dismissal list, a | 5 | | representative of the employing board shall, within 5 days | 6 | | after the request, provide to members of the joint | 7 | | committee a list showing the most recent and prior | 8 | | performance evaluation ratings of each teacher identified | 9 | | only by length of continuing service in the district or | 10 | | joint agreement and not by name. If, after review of this | 11 | | list, a member of the joint committee has a good faith | 12 | | belief that a disproportionate number of teachers with | 13 | | greater length of continuing service with the district or | 14 | | joint agreement have received a recent performance | 15 | | evaluation rating lower than the prior rating, the member | 16 | | may request that the joint committee review the list to | 17 | | assess whether such a trend may exist. Following the joint | 18 | | committee's review, but by no later than the end of the | 19 | | applicable school term, the joint committee or any member | 20 | | or members of the joint committee may submit a report of | 21 | | the review to the employing board and exclusive bargaining | 22 | | representative, if any. Nothing in this paragraph (5) shall | 23 | | impact the order of honorable dismissal or a school | 24 | | district's or joint agreement's authority to carry out a | 25 | | dismissal in accordance with subsection (b) of this | 26 | | Section. |
| | | SB3624 | - 23 - | LRB100 22482 AXK 41373 b |
|
| 1 | | Agreement by the joint committee as to a matter requires | 2 | | the majority vote of all committee members, and if the joint | 3 | | committee does not reach agreement on a matter, then the | 4 | | otherwise applicable requirements of subsection (b) of this | 5 | | Section shall apply. Except as explicitly set forth in this | 6 | | subsection (c), a joint committee has no authority to agree to | 7 | | any further modifications to the requirements for honorable | 8 | | dismissals set forth in subsection (b) of this Section.
The | 9 | | joint committee must be established, and the first meeting of | 10 | | the joint committee each school year must occur on or before | 11 | | December 1. | 12 | | The joint committee must reach agreement on a matter on or | 13 | | before February 1 of a school year in order for the agreement | 14 | | of the joint committee to apply to the sequence of dismissal | 15 | | determined during that school year. Subject to the February 1 | 16 | | deadline for agreements, the agreement of a joint committee on | 17 | | a matter shall apply to the sequence of dismissal until the | 18 | | agreement is amended or terminated by the joint committee. | 19 | | (d) Notwithstanding anything to the contrary in this | 20 | | subsection (d), the requirements and dismissal procedures of | 21 | | Section 24-16.5 of this Code shall apply to any dismissal | 22 | | sought under Section 24-16.5 of this Code. | 23 | | (1) If a dismissal of a teacher in contractual | 24 | | continued service is sought for any reason or cause other | 25 | | than an honorable dismissal under subsections (a) or (b) of | 26 | | this Section or a dismissal sought under Section 24-16.5 of |
| | | SB3624 | - 24 - | LRB100 22482 AXK 41373 b |
|
| 1 | | this Code,
including those under Section 10-22.4, the board | 2 | | must first approve a
motion containing specific charges by | 3 | | a majority vote of all its
members. Written notice of such | 4 | | charges, including a bill of particulars and the teacher's | 5 | | right to request a hearing, must be mailed to the teacher | 6 | | and also given to the teacher either by certified mail, | 7 | | return receipt requested, or personal delivery with | 8 | | receipt
within 5 days of the adoption of the motion. Any | 9 | | written notice sent on or after July 1, 2012 shall inform | 10 | | the teacher of the right to request a hearing before a | 11 | | mutually selected hearing officer, with the cost of the | 12 | | hearing officer split equally between the teacher and the | 13 | | board, or a hearing before a board-selected hearing | 14 | | officer, with the cost of the hearing officer paid by the | 15 | | board. | 16 | | Before setting a hearing on charges stemming from | 17 | | causes that are considered remediable, a board must give | 18 | | the teacher reasonable warning in writing, stating | 19 | | specifically the causes that, if not removed, may result in | 20 | | charges; however, no such written warning is required if | 21 | | the causes have been the subject of a remediation plan | 22 | | pursuant to Article 24A of this Code. | 23 | | If, in the opinion of the board, the interests of the | 24 | | school require it, the board may suspend the teacher | 25 | | without pay, pending the hearing, but if the board's | 26 | | dismissal or removal is not sustained, the teacher shall |
| | | SB3624 | - 25 - | LRB100 22482 AXK 41373 b |
|
| 1 | | not suffer the loss of any salary or benefits by reason of | 2 | | the suspension. | 3 | | (2) No hearing upon the charges is required unless the
| 4 | | teacher within 17 days after receiving notice requests in | 5 | | writing of the
board that a hearing be scheduled before a | 6 | | mutually selected hearing officer or a hearing officer | 7 | | selected by the board.
The secretary of the school board | 8 | | shall forward a copy of the notice to the
State Board of | 9 | | Education. | 10 | | (3) Within 5 business days after receiving a notice of
| 11 | | hearing in which either notice to the teacher was sent | 12 | | before July 1, 2012 or, if the notice was sent on or after | 13 | | July 1, 2012, the teacher has requested a hearing before a | 14 | | mutually selected hearing officer, the State Board of | 15 | | Education shall provide a list of 5
prospective, impartial | 16 | | hearing officers from the master list of qualified, | 17 | | impartial hearing officers maintained by the State Board of | 18 | | Education. Each person on the master list must (i) be
| 19 | | accredited by a national arbitration organization and have | 20 | | had a minimum of 5
years of experience directly related to | 21 | | labor and employment
relations matters between employers | 22 | | and employees or
their exclusive bargaining | 23 | | representatives and (ii) beginning September 1, 2012, have | 24 | | participated in training provided or approved by the State | 25 | | Board of Education for teacher dismissal hearing officers | 26 | | so that he or she is familiar with issues generally |
| | | SB3624 | - 26 - | LRB100 22482 AXK 41373 b |
|
| 1 | | involved in evaluative and non-evaluative dismissals. | 2 | | If notice to the teacher was sent before July 1, 2012 | 3 | | or, if the notice was sent on or after July 1, 2012, the | 4 | | teacher has requested a hearing before a mutually selected | 5 | | hearing officer, the board and the teacher or their
legal | 6 | | representatives within 3 business days shall alternately | 7 | | strike one name from
the list provided by the State Board | 8 | | of Education until only one name remains. Unless waived by | 9 | | the teacher, the
teacher shall have the right to
proceed | 10 | | first with the striking.
Within 3 business days of receipt | 11 | | of the list provided by the State Board of
Education, the | 12 | | board and the teacher or their legal representatives shall | 13 | | each
have the right to reject all prospective hearing | 14 | | officers named on the
list and notify the State Board of | 15 | | Education of such rejection. Within 3 business days after | 16 | | receiving this notification, the State
Board of Education | 17 | | shall appoint a qualified person from the master list who | 18 | | did not appear on the list sent to the parties to serve as | 19 | | the hearing officer, unless the parties notify it that they | 20 | | have chosen to alternatively select a hearing officer under | 21 | | paragraph (4) of this subsection (d). | 22 | | If the teacher has requested a hearing before a hearing | 23 | | officer selected by the board, the board shall select one | 24 | | name from the master list of qualified impartial hearing | 25 | | officers maintained by the State Board of Education within | 26 | | 3 business days after receipt and shall notify the State |
| | | SB3624 | - 27 - | LRB100 22482 AXK 41373 b |
|
| 1 | | Board of Education of its selection. | 2 | | A hearing officer mutually selected by the parties, | 3 | | selected by the board, or selected through an alternative | 4 | | selection process under paragraph (4) of this subsection | 5 | | (d) (A) must not be a resident of the school district, (B) | 6 | | must be available to commence the hearing within 75 days | 7 | | and conclude the hearing within 120 days after being | 8 | | selected as the hearing officer, and (C) must issue a | 9 | | decision as to whether the teacher must be dismissed and | 10 | | give a copy of that decision to both the teacher and the | 11 | | board within 30 days from the conclusion of the hearing or | 12 | | closure of the record, whichever is later. | 13 | | (4) In the alternative
to selecting a hearing officer | 14 | | from the list received from the
State Board of Education or | 15 | | accepting the appointment of a hearing officer by the State | 16 | | Board of Education or if the State Board of Education | 17 | | cannot provide a list or appoint a hearing officer that | 18 | | meets the foregoing requirements, the board and the teacher | 19 | | or their legal
representatives may mutually agree to select | 20 | | an impartial hearing officer who
is not on the master list | 21 | | either by direct
appointment by the parties or by using | 22 | | procedures for the appointment of an
arbitrator | 23 | | established by the Federal Mediation and Conciliation | 24 | | Service or the
American Arbitration Association. The | 25 | | parties shall notify the State Board of
Education of their | 26 | | intent to select a hearing officer using an alternative
|
| | | SB3624 | - 28 - | LRB100 22482 AXK 41373 b |
|
| 1 | | procedure within 3 business days of receipt of a list of | 2 | | prospective hearing officers
provided by the State Board of | 3 | | Education, notice of appointment of a hearing officer by | 4 | | the State Board of Education, or receipt of notice from the | 5 | | State Board of Education that it cannot provide a list that | 6 | | meets the foregoing requirements, whichever is later. | 7 | | (5) If the notice of dismissal was sent to the teacher | 8 | | before July 1, 2012, the fees and costs for the hearing | 9 | | officer must be paid by the State Board of Education. If | 10 | | the notice of dismissal was sent to the teacher on or after | 11 | | July 1, 2012, the hearing officer's fees and costs must be | 12 | | paid as follows in this paragraph (5). The fees and | 13 | | permissible costs for the hearing officer must be | 14 | | determined by the State Board of Education. If the board | 15 | | and the teacher or their legal representatives mutually | 16 | | agree to select an impartial hearing officer who is not on | 17 | | a list received from the State Board of Education, they may | 18 | | agree to supplement the fees determined by the State Board | 19 | | to the hearing officer, at a rate consistent with the | 20 | | hearing officer's published professional fees. If the | 21 | | hearing officer is mutually selected by the parties, then | 22 | | the board and the teacher or their legal representatives | 23 | | shall each pay 50% of the fees and costs and any | 24 | | supplemental allowance to which they agree. If the hearing | 25 | | officer is selected by the board, then the board shall pay | 26 | | 100% of the hearing officer's fees and costs. The fees and |
| | | SB3624 | - 29 - | LRB100 22482 AXK 41373 b |
|
| 1 | | costs must be paid to the hearing officer within 14 days | 2 | | after the board and the teacher or their legal | 3 | | representatives receive the hearing officer's decision set | 4 | | forth in paragraph (7) of this subsection (d). | 5 | | (6) The teacher is required to answer the bill of | 6 | | particulars and aver affirmative matters in his or her | 7 | | defense, and the time for initially doing so and the time | 8 | | for updating such answer and defenses after pre-hearing | 9 | | discovery must be set by the hearing officer.
The State | 10 | | Board of Education shall
promulgate rules so that each | 11 | | party has a fair opportunity to present its case and to | 12 | | ensure that the dismissal process proceeds in a fair and | 13 | | expeditious manner. These rules shall address, without | 14 | | limitation, discovery and hearing scheduling conferences; | 15 | | the teacher's initial answer and affirmative defenses to | 16 | | the bill of particulars and the updating of that | 17 | | information after pre-hearing discovery; provision for | 18 | | written interrogatories and requests for production of | 19 | | documents; the requirement that each party initially | 20 | | disclose to the other party and then update the disclosure | 21 | | no later than 10 calendar days prior to the commencement of | 22 | | the hearing, the names and addresses of persons who may be | 23 | | called as
witnesses at the hearing, a summary of the facts | 24 | | or opinions each witness will testify to, and all other
| 25 | | documents and materials, including information maintained | 26 | | electronically, relevant to its own as well as the other |
| | | SB3624 | - 30 - | LRB100 22482 AXK 41373 b |
|
| 1 | | party's case (the hearing officer may exclude witnesses and | 2 | | exhibits not identified and shared, except those offered in | 3 | | rebuttal for which the party could not reasonably have | 4 | | anticipated prior to the hearing); pre-hearing discovery | 5 | | and preparation, including provision for written | 6 | | interrogatories and requests for production of documents, | 7 | | provided that discovery depositions are prohibited; the | 8 | | conduct of the hearing; the right of each party to be | 9 | | represented by counsel, the offer of evidence and witnesses | 10 | | and the cross-examination of witnesses; the authority of | 11 | | the hearing officer to issue subpoenas and subpoenas duces | 12 | | tecum, provided that the hearing officer may limit the | 13 | | number of witnesses to be subpoenaed on behalf of each | 14 | | party to no more than 7; the length of post-hearing briefs; | 15 | | and the form, length, and content of hearing officers' | 16 | | decisions. The hearing officer
shall hold a hearing and | 17 | | render a final decision for dismissal pursuant to Article | 18 | | 24A of this Code or shall report to the school board | 19 | | findings of fact and a recommendation as to whether or not | 20 | | the teacher must be dismissed for conduct. The hearing | 21 | | officer shall commence the hearing within 75 days and | 22 | | conclude the hearing within 120 days after being selected | 23 | | as the hearing officer, provided that the hearing officer | 24 | | may modify these timelines upon the showing of good cause | 25 | | or mutual agreement of the parties. Good cause for the | 26 | | purpose of this subsection (d) shall mean the illness or |
| | | SB3624 | - 31 - | LRB100 22482 AXK 41373 b |
|
| 1 | | otherwise unavoidable emergency of the teacher, district | 2 | | representative, their legal representatives, the hearing | 3 | | officer, or an essential witness as indicated in each | 4 | | party's pre-hearing submission. In a dismissal hearing | 5 | | pursuant to Article 24A of this Code in which a witness is | 6 | | a student or is under the age of 18, the hearing officer | 7 | | must make accommodations for the witness, as provided under | 8 | | paragraph (6.5) of this subsection (d). The , the hearing | 9 | | officer shall consider and give weight to all of the | 10 | | teacher's evaluations written pursuant to Article 24A that | 11 | | are relevant to the issues in the hearing. | 12 | | Each party shall have no more than 3 days to present | 13 | | its case, unless extended by the hearing officer to enable | 14 | | a party to present adequate evidence and testimony, | 15 | | including due to the other party's cross-examination of the | 16 | | party's witnesses, for good cause or by mutual agreement of | 17 | | the parties. The State Board of Education shall define in | 18 | | rules the meaning of "day" for such purposes. All testimony | 19 | | at the hearing shall be taken under oath
administered by | 20 | | the hearing officer. The hearing officer shall cause a
| 21 | | record of the proceedings to be kept and shall employ a | 22 | | competent reporter
to take stenographic or stenotype notes | 23 | | of all the testimony. The costs of
the reporter's | 24 | | attendance and services at the hearing shall be paid by the | 25 | | party or parties who are responsible for paying the fees | 26 | | and costs of the hearing officer. Either party desiring a |
| | | SB3624 | - 32 - | LRB100 22482 AXK 41373 b |
|
| 1 | | transcript of the hearing
shall pay for the cost thereof. | 2 | | Any post-hearing briefs must be submitted by the parties by | 3 | | no later than 21 days after a party's receipt of the | 4 | | transcript of the hearing, unless extended by the hearing | 5 | | officer for good cause or by mutual agreement of the | 6 | | parties. | 7 | | (6.5) In the case of charges involving physical or | 8 | | sexual contact with a student or a person under the age of | 9 | | 18, the hearing officer shall make alternative hearing | 10 | | procedures to protect a witness who is a student or who is | 11 | | under the age of 18 from being intimidated or traumatized. | 12 | | Alternative hearing procedures may include, but are not | 13 | | limited to, (i) testimony made via a telecommunication | 14 | | device in a location other than the hearing room and | 15 | | outside the physical presence of the teacher or the | 16 | | principal and other hearing participants, (ii) testimony | 17 | | outside the physical presence of the teacher or the | 18 | | principal, or (iii) non-public testimony. A hearing | 19 | | officer shall admit an out-of-court statement made by a | 20 | | witness who is student or a person under the age of 18 if | 21 | | the statement concerns the teacher's or the principal's | 22 | | physical or sexual contact with the witness. The | 23 | | availability of the witness shall not bar the admission of | 24 | | the out-of-court statement into evidence. The hearing | 25 | | officer shall determine the weight to be afforded the | 26 | | statement based on an assessment of various indicia of its |
| | | SB3624 | - 33 - | LRB100 22482 AXK 41373 b |
|
| 1 | | reliability. | 2 | | (7) The hearing officer shall, within 30 days from the | 3 | | conclusion of the
hearing or closure of the record, | 4 | | whichever is later,
make a decision as to whether or not | 5 | | the teacher shall be dismissed pursuant to Article 24A of | 6 | | this Code or report to the school board findings of fact | 7 | | and a recommendation as to whether or not the teacher shall | 8 | | be dismissed for cause and
shall give a copy of the | 9 | | decision or findings of fact and recommendation to both the | 10 | | teacher and the school
board.
If a hearing officer fails
| 11 | | without good cause, specifically provided in writing to | 12 | | both parties and the State Board of Education, to render a | 13 | | decision or findings of fact and recommendation within 30 | 14 | | days after the hearing is
concluded or the
record is | 15 | | closed, whichever is later,
the
parties may mutually agree | 16 | | to select a hearing officer pursuant to the
alternative
| 17 | | procedure, as provided in this Section,
to rehear the | 18 | | charges heard by the hearing officer who failed to render a
| 19 | | decision or findings of fact and recommendation or to | 20 | | review the record and render a decision.
If any hearing
| 21 | | officer fails without good cause, specifically provided in | 22 | | writing to both parties and the State Board of Education, | 23 | | to render a decision or findings of fact and recommendation | 24 | | within 30 days after the
hearing is concluded or the record | 25 | | is closed, whichever is later, the hearing
officer shall be | 26 | | removed
from the master
list of hearing officers maintained |
| | | SB3624 | - 34 - | LRB100 22482 AXK 41373 b |
|
| 1 | | by the State Board of Education for not more than 24 | 2 | | months. The parties and the State Board of Education may | 3 | | also take such other actions as it deems appropriate, | 4 | | including recovering, reducing, or withholding any fees | 5 | | paid or to be paid to the hearing officer. If any hearing | 6 | | officer repeats such failure, he or she must be permanently | 7 | | removed from the master list maintained by the State Board | 8 | | of Education and may not be selected by parties through the | 9 | | alternative selection process under this paragraph (7) or | 10 | | paragraph (4) of this subsection (d).
The board shall not | 11 | | lose jurisdiction to discharge a teacher if the hearing
| 12 | | officer fails to render a decision or findings of fact and | 13 | | recommendation within the time specified in this
Section. | 14 | | If the decision of the hearing officer for dismissal | 15 | | pursuant to Article 24A of this Code or of the school board | 16 | | for dismissal for cause is in favor of the teacher, then | 17 | | the hearing officer or school board shall order | 18 | | reinstatement to the same or substantially equivalent | 19 | | position and shall determine the amount for which the | 20 | | school board is liable, including, but not limited to, loss | 21 | | of income and benefits. | 22 | | (8) The school board, within 45 days after receipt of | 23 | | the hearing officer's findings of fact and recommendation | 24 | | as to whether (i) the conduct at issue occurred, (ii) the | 25 | | conduct that did occur was remediable, and (iii) the | 26 | | proposed dismissal should be sustained, shall issue a |
| | | SB3624 | - 35 - | LRB100 22482 AXK 41373 b |
|
| 1 | | written order as to whether the teacher must be retained or | 2 | | dismissed for cause from its employ. The school board's | 3 | | written order shall incorporate the hearing officer's | 4 | | findings of fact, except that the school board may modify | 5 | | or supplement the findings of fact if, in its opinion, the | 6 | | findings of fact are against the manifest weight of the | 7 | | evidence. | 8 | | If the school board dismisses the teacher | 9 | | notwithstanding the hearing officer's findings of fact and | 10 | | recommendation, the school board shall make a conclusion in | 11 | | its written order, giving its reasons therefor, and such | 12 | | conclusion and reasons must be included in its written | 13 | | order. The failure of the school board to strictly adhere | 14 | | to the timelines contained in this Section shall not render | 15 | | it without jurisdiction to dismiss the teacher. The school | 16 | | board shall not lose jurisdiction to discharge the teacher | 17 | | for cause if the hearing officer fails to render a | 18 | | recommendation within the time specified in this Section. | 19 | | The decision of the school board is final, unless reviewed | 20 | | as provided in paragraph (9) of this subsection (d). | 21 | | If the school board retains the teacher, the school | 22 | | board shall enter a written order stating the amount of | 23 | | back pay and lost benefits, less mitigation, to be paid to | 24 | | the teacher, within 45 days after its retention order. | 25 | | Should the teacher object to the amount of the back pay and | 26 | | lost benefits or amount mitigated, the teacher shall give |
| | | SB3624 | - 36 - | LRB100 22482 AXK 41373 b |
|
| 1 | | written objections to the amount within 21 days. If the | 2 | | parties fail to reach resolution within 7 days, the dispute | 3 | | shall be referred to the hearing officer, who shall | 4 | | consider the school board's written order and teacher's | 5 | | written objection and determine the amount to which the | 6 | | school board is liable. The costs of the hearing officer's | 7 | | review and determination must be paid by the board. | 8 | | (9)
The decision of the hearing officer pursuant to | 9 | | Article 24A of this Code or of the school board's decision | 10 | | to dismiss for cause is final unless reviewed as
provided | 11 | | in Section 24-16 of this Act. If the school board's | 12 | | decision to dismiss for cause is contrary to the hearing | 13 | | officer's recommendation, the court on review shall give | 14 | | consideration to the school board's decision and its | 15 | | supplemental findings of fact, if applicable, and the | 16 | | hearing officer's findings of fact and recommendation in | 17 | | making its decision. In the event such review is
| 18 | | instituted, the school board shall be responsible for | 19 | | preparing and filing the record of proceedings, and such | 20 | | costs associated therewith must be divided equally between | 21 | | the parties.
| 22 | | (10) If a decision of the hearing officer for dismissal | 23 | | pursuant to Article 24A of this Code or of the school board | 24 | | for dismissal for cause is adjudicated upon review or
| 25 | | appeal in favor of the teacher, then the trial court shall | 26 | | order
reinstatement and shall remand the matter to the |
| | | SB3624 | - 37 - | LRB100 22482 AXK 41373 b |
|
| 1 | | school board with direction for entry of an order setting | 2 | | the amount of back pay, lost benefits, and costs, less | 3 | | mitigation. The teacher may challenge the school board's | 4 | | order setting the amount of back pay, lost benefits, and | 5 | | costs, less mitigation, through an expedited arbitration | 6 | | procedure, with the costs of the arbitrator borne by the | 7 | | school board.
| 8 | | Any teacher who is reinstated by any hearing or | 9 | | adjudication brought
under this Section shall be assigned | 10 | | by the board to a position
substantially similar to the one | 11 | | which that teacher held prior to that
teacher's suspension | 12 | | or dismissal.
| 13 | | (11) Subject to any later effective date referenced in | 14 | | this Section for a specific aspect of the dismissal | 15 | | process, the changes made by Public Act 97-8 shall apply to | 16 | | dismissals instituted on or after September 1, 2011. Any | 17 | | dismissal instituted prior to September 1, 2011 must be | 18 | | carried out in accordance with the requirements of this | 19 | | Section prior to amendment by Public Act 97-8.
| 20 | | (e) Nothing contained in this amendatory Act of the 98th | 21 | | General Assembly repeals, supersedes, invalidates, or | 22 | | nullifies final decisions in lawsuits pending on the effective | 23 | | date of this amendatory Act of the 98th General Assembly in | 24 | | Illinois courts involving the interpretation of Public Act | 25 | | 97-8. | 26 | | (Source: P.A. 98-513, eff. 1-1-14; 98-648, eff. 7-1-14; 99-78, |
| | | SB3624 | - 38 - | LRB100 22482 AXK 41373 b |
|
| 1 | | eff. 7-20-15.)
| 2 | | (105 ILCS 5/27A-5)
| 3 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 4 | | (a) A charter school shall be a public, nonsectarian, | 5 | | nonreligious, non-home
based, and non-profit school. A charter | 6 | | school shall be organized and operated
as a nonprofit | 7 | | corporation or other discrete, legal, nonprofit entity
| 8 | | authorized under the laws of the State of Illinois.
| 9 | | (b) A charter school may be established under this Article | 10 | | by creating a new
school or by converting an existing public | 11 | | school or attendance center to
charter
school status.
Beginning | 12 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 13 | | all new
applications to establish
a charter
school in a city | 14 | | having a population exceeding 500,000, operation of the
charter
| 15 | | school shall be limited to one campus. The changes made to this | 16 | | Section by Public Act 93-3 do not apply to charter schools | 17 | | existing or approved on or before April 16, 2003 (the
effective | 18 | | date of Public Act 93-3). | 19 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 20 | | a cyber school where students engage in online curriculum and | 21 | | instruction via the Internet and electronic communication with | 22 | | their teachers at remote locations and with students | 23 | | participating at different times. | 24 | | From April 1, 2013 through December 31, 2016, there is a | 25 | | moratorium on the establishment of charter schools with |
| | | SB3624 | - 39 - | LRB100 22482 AXK 41373 b |
|
| 1 | | virtual-schooling components in school districts other than a | 2 | | school district organized under Article 34 of this Code. This | 3 | | moratorium does not apply to a charter school with | 4 | | virtual-schooling components existing or approved prior to | 5 | | April 1, 2013 or to the renewal of the charter of a charter | 6 | | school with virtual-schooling components already approved | 7 | | prior to April 1, 2013. | 8 | | On or before March 1, 2014, the Commission shall submit to | 9 | | the General Assembly a report on the effect of | 10 | | virtual-schooling, including without limitation the effect on | 11 | | student performance, the costs associated with | 12 | | virtual-schooling, and issues with oversight. The report shall | 13 | | include policy recommendations for virtual-schooling.
| 14 | | (c) A charter school shall be administered and governed by | 15 | | its board of
directors or other governing body
in the manner | 16 | | provided in its charter. The governing body of a charter school
| 17 | | shall be subject to the Freedom of Information Act and the Open | 18 | | Meetings Act.
| 19 | | (d) For purposes of this subsection (d), "non-curricular | 20 | | health and safety requirement" means any health and safety | 21 | | requirement created by statute or rule to provide, maintain, | 22 | | preserve, or safeguard safe or healthful conditions for | 23 | | students and school personnel or to eliminate, reduce, or | 24 | | prevent threats to the health and safety of students and school | 25 | | personnel. "Non-curricular health and safety requirement" does | 26 | | not include any course of study or specialized instructional |
| | | SB3624 | - 40 - | LRB100 22482 AXK 41373 b |
|
| 1 | | requirement for which the State Board has established goals and | 2 | | learning standards or which is designed primarily to impart | 3 | | knowledge and skills for students to master and apply as an | 4 | | outcome of their education. | 5 | | A charter school shall comply with all non-curricular | 6 | | health and safety
requirements applicable to public schools | 7 | | under the laws of the State of
Illinois. On or before September | 8 | | 1, 2015, the State Board shall promulgate and post on its | 9 | | Internet website a list of non-curricular health and safety | 10 | | requirements that a charter school must meet. The list shall be | 11 | | updated annually no later than September 1. Any charter | 12 | | contract between a charter school and its authorizer must | 13 | | contain a provision that requires the charter school to follow | 14 | | the list of all non-curricular health and safety requirements | 15 | | promulgated by the State Board and any non-curricular health | 16 | | and safety requirements added by the State Board to such list | 17 | | during the term of the charter. Nothing in this subsection (d) | 18 | | precludes an authorizer from including non-curricular health | 19 | | and safety requirements in a charter school contract that are | 20 | | not contained in the list promulgated by the State Board, | 21 | | including non-curricular health and safety requirements of the | 22 | | authorizing local school board.
| 23 | | (e) Except as otherwise provided in the School Code, a | 24 | | charter school shall
not charge tuition; provided that a | 25 | | charter school may charge reasonable fees
for textbooks, | 26 | | instructional materials, and student activities.
|
| | | SB3624 | - 41 - | LRB100 22482 AXK 41373 b |
|
| 1 | | (f) A charter school shall be responsible for the | 2 | | management and operation
of its fiscal affairs including,
but | 3 | | not limited to, the preparation of its budget. An audit of each | 4 | | charter
school's finances shall be conducted annually by an | 5 | | outside, independent
contractor retained by the charter | 6 | | school. To ensure financial accountability for the use of | 7 | | public funds, on or before December 1 of every year of | 8 | | operation, each charter school shall submit to its authorizer | 9 | | and the State Board a copy of its audit and a copy of the Form | 10 | | 990 the charter school filed that year with the federal | 11 | | Internal Revenue Service. In addition, if deemed necessary for | 12 | | proper financial oversight of the charter school, an authorizer | 13 | | may require quarterly financial statements from each charter | 14 | | school.
| 15 | | (g) A charter school shall comply with all provisions of | 16 | | this Article, the Illinois Educational Labor Relations Act, all | 17 | | federal and State laws and rules applicable to public schools | 18 | | that pertain to special education and the instruction of | 19 | | English learners, and
its charter. A charter
school is exempt | 20 | | from all other State laws and regulations in this Code
| 21 | | governing public
schools and local school board policies; | 22 | | however, a charter school is not exempt from the following:
| 23 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 24 | | criminal
history records checks and checks of the Statewide | 25 | | Sex Offender Database and Statewide Murderer and Violent | 26 | | Offender Against Youth Database of applicants for |
| | | SB3624 | - 42 - | LRB100 22482 AXK 41373 b |
|
| 1 | | employment;
| 2 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 3 | | 34-84a of this Code regarding discipline of
students;
| 4 | | (3) the Local Governmental and Governmental Employees | 5 | | Tort Immunity Act;
| 6 | | (4) Section 108.75 of the General Not For Profit | 7 | | Corporation Act of 1986
regarding indemnification of | 8 | | officers, directors, employees, and agents;
| 9 | | (5) the Abused and Neglected Child Reporting Act;
| 10 | | (5.5) subsection (b) of Section 10-23.12 and | 11 | | subsection (b) of Section 34-18.6 of this Code; | 12 | | (6) the Illinois School Student Records Act;
| 13 | | (7) Section 10-17a of this Code regarding school report | 14 | | cards;
| 15 | | (8) the P-20 Longitudinal Education Data System Act; | 16 | | (9) Section 27-23.7 of this Code regarding bullying | 17 | | prevention; | 18 | | (10) Section 2-3.162 of this Code regarding student | 19 | | discipline reporting; | 20 | | (11) Sections 22-80 and 27-8.1 of this Code; and | 21 | | (12) Sections 10-20.60 and 34-18.53 of this Code ; . | 22 | | (13) (12) Sections 10-20.63 10-20.60 and 34-18.56 | 23 | | 34-18.53 of this Code ; . | 24 | | (14) (12) Section 26-18 of this Code ; and . | 25 | | (15) Sections 24-12 and 34-85 of this Code. | 26 | | The change made by Public Act 96-104 to this subsection (g) |
| | | SB3624 | - 43 - | LRB100 22482 AXK 41373 b |
|
| 1 | | is declaratory of existing law. | 2 | | (h) A charter school may negotiate and contract with a | 3 | | school district, the
governing body of a State college or | 4 | | university or public community college, or
any other public or | 5 | | for-profit or nonprofit private entity for: (i) the use
of a | 6 | | school building and grounds or any other real property or | 7 | | facilities that
the charter school desires to use or convert | 8 | | for use as a charter school site,
(ii) the operation and | 9 | | maintenance thereof, and
(iii) the provision of any service, | 10 | | activity, or undertaking that the charter
school is required to | 11 | | perform in order to carry out the terms of its charter.
| 12 | | However, a charter school
that is established on
or
after April | 13 | | 16, 2003 (the effective date of Public Act 93-3) and that | 14 | | operates
in a city having a population exceeding
500,000 may | 15 | | not contract with a for-profit entity to
manage or operate the | 16 | | school during the period that commences on April 16, 2003 (the
| 17 | | effective date of Public Act 93-3) and
concludes at the end of | 18 | | the 2004-2005 school year.
Except as provided in subsection (i) | 19 | | of this Section, a school district may
charge a charter school | 20 | | reasonable rent for the use of the district's
buildings, | 21 | | grounds, and facilities. Any services for which a charter | 22 | | school
contracts
with a school district shall be provided by | 23 | | the district at cost. Any services
for which a charter school | 24 | | contracts with a local school board or with the
governing body | 25 | | of a State college or university or public community college
| 26 | | shall be provided by the public entity at cost.
|
| | | SB3624 | - 44 - | LRB100 22482 AXK 41373 b |
|
| 1 | | (i) In no event shall a charter school that is established | 2 | | by converting an
existing school or attendance center to | 3 | | charter school status be required to
pay rent for space
that is | 4 | | deemed available, as negotiated and provided in the charter | 5 | | agreement,
in school district
facilities. However, all other | 6 | | costs for the operation and maintenance of
school district | 7 | | facilities that are used by the charter school shall be subject
| 8 | | to negotiation between
the charter school and the local school | 9 | | board and shall be set forth in the
charter.
| 10 | | (j) A charter school may limit student enrollment by age or | 11 | | grade level.
| 12 | | (k) If the charter school is approved by the Commission, | 13 | | then the Commission charter school is its own local education | 14 | | agency. | 15 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 16 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 17 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 18 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 19 | | 1-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)
| 20 | | (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| 21 | | Sec. 34-85. Removal for cause; notice and hearing; | 22 | | suspension. | 23 | | (a) No
teacher employed by the board of education shall | 24 | | (after serving the
probationary period specified in Section | 25 | | 34-84) be removed
except for cause. Teachers (who have |
| | | SB3624 | - 45 - | LRB100 22482 AXK 41373 b |
|
| 1 | | completed the probationary period specified in Section 34-84 of | 2 | | this Code) shall be removed for cause in accordance with the | 3 | | procedures set forth in this Section or, at the board's option, | 4 | | the procedures set forth in Section 24-16.5 of this Code or | 5 | | such other procedures established in an agreement entered into | 6 | | between the board and the exclusive representative of the | 7 | | district's teachers under Section 34-85c of this Code for | 8 | | teachers (who have completed the probationary period specified | 9 | | in Section 34-84 of this Code) assigned to schools identified | 10 | | in that agreement. No principal employed by the board of | 11 | | education shall be
removed during the term of his or her | 12 | | performance contract except for
cause, which may include but is | 13 | | not limited to the principal's repeated
failure to implement | 14 | | the school improvement plan or to comply with the
provisions of | 15 | | the Uniform Performance Contract, including additional
| 16 | | criteria established by the Council for inclusion in the | 17 | | performance
contract pursuant to Section 34-2.3.
| 18 | | Before service of notice of charges on account of causes | 19 | | that may be deemed to be remediable, the teacher or principal | 20 | | must be given reasonable warning in writing, stating | 21 | | specifically the causes that, if not removed, may result in | 22 | | charges; however, no such written warning is required if the | 23 | | causes have been the subject of a remediation plan pursuant to | 24 | | Article 24A of this Code or if the board and the exclusive | 25 | | representative of the district's teachers have entered into an | 26 | | agreement pursuant to Section 34-85c of this Code, pursuant to |
| | | SB3624 | - 46 - | LRB100 22482 AXK 41373 b |
|
| 1 | | an alternative system of remediation. No written warning shall | 2 | | be required for conduct on the part of a teacher or principal | 3 | | that is cruel, immoral, negligent, or criminal or that in any | 4 | | way causes psychological or physical harm or injury to a | 5 | | student, as that conduct is deemed to be irremediable. No | 6 | | written warning shall be required for a material breach of the | 7 | | uniform principal performance contract, as that conduct is | 8 | | deemed to be irremediable; provided that not less than 30 days | 9 | | before the vote of the local school council to seek the | 10 | | dismissal of a principal for a material breach of a uniform | 11 | | principal performance contract, the local school council shall | 12 | | specify the nature of the alleged breach in writing and provide | 13 | | a copy of it to the principal. | 14 | | (1) To initiate dismissal proceedings against a | 15 | | teacher or principal, the general superintendent must | 16 | | first approve written charges and specifications against | 17 | | the
teacher or
principal. A local school council may direct | 18 | | the
general superintendent to approve written charges | 19 | | against its principal on behalf of the Council
upon the | 20 | | vote of 7 members of the Council. The general | 21 | | superintendent must
approve those charges within 45 | 22 | | calendar days
or provide a written
reason for not approving | 23 | | those charges. A
written notice of those charges, including | 24 | | specifications,
shall be served upon the teacher or | 25 | | principal within 10 business days of the
approval of the | 26 | | charges. Any written notice sent on or after July 1, 2012 |
| | | SB3624 | - 47 - | LRB100 22482 AXK 41373 b |
|
| 1 | | shall also inform the teacher or principal of the right to | 2 | | request a hearing before a mutually selected hearing | 3 | | officer, with the cost of the hearing officer split equally | 4 | | between the teacher or principal and the board, or a | 5 | | hearing before a qualified hearing officer chosen by the | 6 | | general superintendent, with the cost of the hearing | 7 | | officer paid by the board. If the teacher or principal | 8 | | cannot be found upon diligent
inquiry, such charges may be | 9 | | served upon him by mailing a copy thereof in a
sealed | 10 | | envelope by prepaid certified mail, return receipt | 11 | | requested, to the
teacher's or principal's last known | 12 | | address. A return receipt showing
delivery to such address | 13 | | within 20 calendar days after the date of the
approval of | 14 | | the charges shall constitute proof of service.
| 15 | | (2) No hearing upon the charges is required unless the | 16 | | teacher or principal
within 17 calendar
days after | 17 | | receiving notice requests in writing of the general
| 18 | | superintendent that a hearing
be scheduled. Pending the | 19 | | hearing of the charges, the general superintendent or his | 20 | | or her designee may suspend the teacher or principal | 21 | | charged without pay in accordance with rules prescribed by | 22 | | the board, provided that if the teacher or principal | 23 | | charged is not dismissed based on the charges, he or she | 24 | | must be made whole for lost earnings, less setoffs for | 25 | | mitigation. | 26 | | (3) The board shall maintain a list of at least 9 |
| | | SB3624 | - 48 - | LRB100 22482 AXK 41373 b |
|
| 1 | | qualified hearing officers who will conduct hearings on | 2 | | charges and specifications. The list must be developed in | 3 | | good faith consultation with the exclusive representative | 4 | | of the board's teachers and professional associations that | 5 | | represent the board's principals. The list may be revised | 6 | | on July 1st of each year or earlier as needed. To be a | 7 | | qualified hearing officer, the person must (i)
be | 8 | | accredited by a national arbitration organization and have | 9 | | had a minimum
of 5 years of experience as an arbitrator in | 10 | | cases involving labor and
employment
relations matters | 11 | | between employers and employees or
their exclusive | 12 | | bargaining representatives and (ii) beginning September 1, | 13 | | 2012, have participated in training provided or approved by | 14 | | the State Board of Education for teacher dismissal hearing | 15 | | officers so that he or she is familiar with issues | 16 | | generally involved in evaluative and non-evaluative | 17 | | dismissals.
| 18 | | Within 5 business days after receiving the notice of | 19 | | request for a hearing, the general superintendent and the | 20 | | teacher or principal or
their legal representatives
shall | 21 | | alternately strike one name
from the list until only one | 22 | | name remains. Unless waived by the teacher,
the teacher or | 23 | | principal shall
have the right to proceed first with the | 24 | | striking. If the teacher or principal fails to participate | 25 | | in the striking process, the general superintendent shall | 26 | | either select the hearing officer from the list developed |
| | | SB3624 | - 49 - | LRB100 22482 AXK 41373 b |
|
| 1 | | pursuant to this paragraph (3) or select another qualified | 2 | | hearing officer from the master list maintained by the | 3 | | State Board of Education pursuant to subsection (c) of | 4 | | Section 24-12 of this Code.
| 5 | | (4) If the notice of dismissal was sent to the teacher | 6 | | or principal before July 1, 2012, the fees and costs for | 7 | | the hearing officer shall be paid by the State
Board of | 8 | | Education. If the notice of dismissal was sent to the | 9 | | teacher or principal on or after July 1, 2012, the hearing | 10 | | officer's fees and costs must be paid as follows in this | 11 | | paragraph (4). The fees and permissible costs for the | 12 | | hearing officer shall be determined by the State Board of | 13 | | Education. If the hearing officer is mutually selected by | 14 | | the parties through alternate striking in accordance with | 15 | | paragraph (3) of this subsection (a), then the board and | 16 | | the teacher or their legal representative shall each pay | 17 | | 50% of the fees and costs and any supplemental allowance to | 18 | | which they agree. If the hearing officer is selected by the | 19 | | general superintendent without the participation of the | 20 | | teacher or principal, then the board shall pay 100% of the | 21 | | hearing officer fees and costs. The hearing officer shall | 22 | | submit for payment a billing statement to the parties that | 23 | | itemizes the charges and expenses and divides them in | 24 | | accordance with this Section. | 25 | | (5) The teacher or the principal charged is required to | 26 | | answer the charges and specifications and aver affirmative |
| | | SB3624 | - 50 - | LRB100 22482 AXK 41373 b |
|
| 1 | | matters in his or her defense, and the time for doing so | 2 | | must be set by the hearing officer. The State Board of | 3 | | Education shall adopt rules so that each party has a fair | 4 | | opportunity to present its case and to ensure that the | 5 | | dismissal proceeding is concluded in an expeditious | 6 | | manner. The rules shall address, without limitation, the | 7 | | teacher or principal's answer and affirmative defenses to | 8 | | the charges and specifications; a requirement that each | 9 | | party make mandatory disclosures without request to the | 10 | | other party and then update the disclosure no later than 10 | 11 | | calendar days prior to the commencement of the hearing, | 12 | | including a list of the names and addresses of persons who | 13 | | may be called as witnesses at the hearing, a summary of the | 14 | | facts or opinions each witness will testify to, and all | 15 | | other documents and materials, including information | 16 | | maintained electronically, relevant to its own as well as | 17 | | the other party's case (the hearing officer may exclude | 18 | | witnesses and exhibits not identified and shared, except | 19 | | those offered in rebuttal for which the party could not | 20 | | reasonably have anticipated prior to the hearing); | 21 | | pre-hearing discovery and preparation, including provision | 22 | | for written interrogatories and requests for production of | 23 | | documents, provided that discovery depositions are | 24 | | prohibited; the conduct of the hearing; the right of each | 25 | | party to be represented by counsel, the offer of evidence | 26 | | and witnesses and the cross-examination of witnesses; the |
| | | SB3624 | - 51 - | LRB100 22482 AXK 41373 b |
|
| 1 | | authority of the hearing officer to issue subpoenas and | 2 | | subpoenas duces tecum, provided that the hearing officer | 3 | | may limit the number of witnesses to be subpoenaed in | 4 | | behalf of each party to no more than 7; the length of | 5 | | post-hearing briefs; and the form, length, and content of | 6 | | hearing officers' reports and recommendations to the | 7 | | general superintendent. | 8 | | The hearing officer shall commence the hearing within | 9 | | 75 calendar days and conclude the hearing within 120 | 10 | | calendar days after being selected by the parties as the | 11 | | hearing officer, provided that these timelines may be | 12 | | modified upon the showing of good cause or mutual agreement | 13 | | of the parties. Good cause for the purposes of this | 14 | | paragraph (5) shall mean the illness or otherwise | 15 | | unavoidable emergency of the teacher, district | 16 | | representative, their legal representatives, the hearing | 17 | | officer, or an essential witness as indicated in each | 18 | | party's pre-hearing submission. In a dismissal hearing in | 19 | | which a witness is a student or is under the age of 18, the | 20 | | hearing officer must make accommodations for the witness, | 21 | | as provided under paragraph (5.5) of this subsection (a). | 22 | | The , the hearing officer shall consider and give weight to | 23 | | all of the teacher's evaluations written pursuant to | 24 | | Article 24A that are relevant to the issues in the hearing. | 25 | | Except as otherwise provided under paragraph (5.5) of this | 26 | | subsection (a) the, The teacher or principal has the
|
| | | SB3624 | - 52 - | LRB100 22482 AXK 41373 b |
|
| 1 | | privilege of being present at the hearing with counsel and | 2 | | of
cross-examining witnesses and may offer evidence and | 3 | | witnesses and present
defenses to the charges. Each party | 4 | | shall have no more than 3 days to present its case, unless | 5 | | extended by the hearing officer to enable a party to | 6 | | present adequate evidence and testimony, including due to | 7 | | the other party's cross-examination of the party's | 8 | | witnesses, for good cause or by mutual agreement of the | 9 | | parties. The State Board of Education shall define in rules | 10 | | the meaning of "day" for such purposes.
All testimony at | 11 | | the hearing shall be taken under oath administered by the
| 12 | | hearing officer. The hearing officer shall cause a record | 13 | | of the
proceedings to be kept and shall employ a competent | 14 | | reporter to take
stenographic or stenotype notes of all the | 15 | | testimony. The costs of the
reporter's attendance and | 16 | | services at the hearing shall be paid by the party or | 17 | | parties who are paying the fees and costs of the hearing | 18 | | officer. Either party desiring a transcript of the
hearing | 19 | | shall pay for the cost thereof. At the close of the | 20 | | hearing, the hearing officer shall direct the parties to | 21 | | submit post-hearing briefs no later than 21 calendar days | 22 | | after receipt of the transcript. Either or both parties may | 23 | | waive submission of briefs. | 24 | | (5.5) In the case of charges involving physical or | 25 | | sexual contact with a student or a person under the age of | 26 | | 18, the hearing officer shall make alternative hearing |
| | | SB3624 | - 53 - | LRB100 22482 AXK 41373 b |
|
| 1 | | procedures to protect a witness who is a student or who is | 2 | | under the age of 18 from being intimidated or traumatized. | 3 | | Alternative hearing procedures may include, but are not | 4 | | limited to, (i) testimony made via a telecommunication | 5 | | device in a location other than the hearing room and | 6 | | outside the physical presence of the teacher or the | 7 | | principal and other hearing participants, (ii) testimony | 8 | | outside the physical presence of the teacher or the | 9 | | principal, or (iii) non-public testimony. A hearing | 10 | | officer shall admit an out-of-court statement made by a | 11 | | witness who is student or a person under the age of 18 if | 12 | | the statement concerns the teacher's or the principal's | 13 | | physical or sexual contact with the witness. The | 14 | | availability of the witness shall not bar the admission of | 15 | | the out-of-court statement into evidence. The hearing | 16 | | officer shall determine the weight to be afforded the | 17 | | statement based on an assessment of various indicia of its | 18 | | reliability.
| 19 | | (6) The hearing officer shall within 30 calendar days | 20 | | from the conclusion of the hearing
report to the general | 21 | | superintendent findings of fact and a recommendation as to | 22 | | whether or not the teacher or principal shall
be dismissed | 23 | | and shall give a copy of the report to both the
teacher or
| 24 | | principal and the general superintendent. The State Board | 25 | | of Education shall provide by rule the form of the hearing | 26 | | officer's report and recommendation. |
| | | SB3624 | - 54 - | LRB100 22482 AXK 41373 b |
|
| 1 | | (7) The board, within 45
days of receipt of the hearing | 2 | | officer's findings of fact and recommendation,
shall make a | 3 | | decision as to whether the teacher or principal shall be | 4 | | dismissed
from its employ. The failure of the board to | 5 | | strictly adhere to the timeliness
contained herein shall | 6 | | not render it without jurisdiction to dismiss the
teacher
| 7 | | or principal. In the event that the board declines to | 8 | | dismiss the teacher or principal after review of a hearing | 9 | | officer's recommendation, the board shall set the amount of | 10 | | back pay and benefits to award the teacher or principal, | 11 | | which shall include offsets for interim earnings and | 12 | | failure to mitigate losses. The board shall establish | 13 | | procedures for the teacher's or principal's submission of | 14 | | evidence to it regarding lost earnings, lost benefits, | 15 | | mitigation, and offsets. The decision
of the board is final | 16 | | unless reviewed in accordance with paragraph (8) of this | 17 | | subsection (a).
| 18 | | (8) The teacher may seek judicial review of the board's | 19 | | decision in accordance with the Administrative Review Law, | 20 | | which is specifically incorporated in this Section, except | 21 | | that the review must be initiated in the Illinois Appellate | 22 | | Court for the First District. In the event judicial review | 23 | | is instituted, any costs of preparing and
filing the record | 24 | | of proceedings shall be paid by the party instituting
the | 25 | | review. In the event the appellate court reverses a board | 26 | | decision to dismiss a teacher or principal and directs the |
| | | SB3624 | - 55 - | LRB100 22482 AXK 41373 b |
|
| 1 | | board to pay the teacher or the principal back pay and | 2 | | benefits, the appellate court shall remand the matter to | 3 | | the board to issue an administrative decision as to the | 4 | | amount of back pay and benefits, which shall include a | 5 | | calculation of the lost earnings, lost benefits, | 6 | | mitigation, and offsets based on evidence submitted to the | 7 | | board in accordance with procedures established by the | 8 | | board.
| 9 | | (b) Nothing in this Section affects the validity of removal | 10 | | for cause hearings
commenced prior to June 13, 2011 (the | 11 | | effective date of Public Act 97-8).
| 12 | | The changes made by Public Act 97-8 shall apply to | 13 | | dismissals instituted on or after September 1, 2011 or the | 14 | | effective date of Public Act 97-8, whichever is later. Any | 15 | | dismissal instituted prior to the effective date of these | 16 | | changes must be carried out in accordance with the requirements | 17 | | of this Section prior to amendment by Public Act 97-8. | 18 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 19 | | Section 10. The Employment Record Disclosure Act is amended | 20 | | by changing Section 10 as follows:
| 21 | | (745 ILCS 46/10)
| 22 | | Sec. 10. No liability for providing truthful information. | 23 | | (a) Any employer or
authorized employee or agent acting on | 24 | | behalf of an employer who, upon inquiry
by a prospective |
| | | SB3624 | - 56 - | LRB100 22482 AXK 41373 b |
|
| 1 | | employer, provides truthful written or verbal information, or
| 2 | | information that it believes in good faith is truthful, about a | 3 | | current or
former employee's job performance is presumed to be | 4 | | acting in good faith and is
immune from civil liability for the | 5 | | disclosure and the consequences of the
disclosure.
| 6 | | The presumption of good faith established in this Section | 7 | | may be rebutted by
a preponderance of evidence that the | 8 | | information disclosed was knowingly false
or in violation of a | 9 | | civil right of the employee or former employee.
| 10 | | (b) A current or former employer and any authorized | 11 | | employee or agent acting on its behalf who, whether upon | 12 | | inquiry or on its own initiative, provides information to a | 13 | | school district created under the School Code orally or in | 14 | | writing that it believes in good faith to be true or based upon | 15 | | an accurate record about a current or former employee's job | 16 | | performance, record of misconduct, disciplinary history, or | 17 | | criminal history shall be immune from any cause of action or | 18 | | civil liability related to or stemming from that communication. | 19 | | Any person or entity who commences an action against a current | 20 | | or former employer related to or stemming from a communication | 21 | | covered under this subsection (b) must plead with specificity | 22 | | the factual basis on which it alleges that the employer or its | 23 | | employee or agent did not believe that the information provided | 24 | | was true or based upon an accurate record at the time it was | 25 | | provided. If that person or entity fails to prevail against its | 26 | | current or former employer or its employee or agent, the court |
| | | SB3624 | - 57 - | LRB100 22482 AXK 41373 b |
|
| 1 | | shall award the former employer and the school district the | 2 | | reasonable costs and attorneys' fees for defending the action. | 3 | | (Source: P.A. 89-470, eff. 6-13-96.)
| 4 | | Section 15. The Personnel Record Review Act is amended by | 5 | | changing Sections 8 and 9 as follows:
| 6 | | (820 ILCS 40/8) (from Ch. 48, par. 2008)
| 7 | | Sec. 8.
An employer shall review a personnel record before | 8 | | releasing
information to a third party and, except when the | 9 | | release is ordered to
a party in a legal action or arbitration, | 10 | | delete disciplinary reports,
letters of reprimand, or other | 11 | | records of disciplinary action which are
more than 4 years old. | 12 | | This Section does not apply to a school district or an | 13 | | authorized employee or agent of a school district who is | 14 | | responding to an inquiry from a prospective employer.
| 15 | | (Source: P.A. 83-1104.)
| 16 | | (820 ILCS 40/9) (from Ch. 48, par. 2009)
| 17 | | Sec. 9.
An employer shall not gather or keep a record of an
| 18 | | employee's associations, political activities, publications, | 19 | | communications or
nonemployment activities, unless the | 20 | | employee submits the information in
writing or authorizes the | 21 | | employer in writing to keep or gather the
information. This | 22 | | prohibition
shall not apply to (i) activities or associations | 23 | | with individuals or groups involved in the physical, sexual, or |
| | | SB3624 | - 58 - | LRB100 22482 AXK 41373 b |
|
| 1 | | other exploitation of a minor or (ii) the activities that occur | 2 | | on the employer's premises
or during the employee's working | 3 | | hours with that employer which interfere
with the performance | 4 | | of the employee's duties or the duties
of other employees or | 5 | | activities, regardless of when and where occurring,
which | 6 | | constitute criminal conduct or may reasonably be expected to | 7 | | harm the
employer's property, operations or business, or could | 8 | | by the employee's
action cause the employer financial | 9 | | liability. A record which is kept by
the employer as permitted | 10 | | under this Section shall be part of the personnel
record.
| 11 | | (Source: P.A. 91-357, eff. 7-29-99.)
| | | | SB3624 | - 59 - | LRB100 22482 AXK 41373 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 105 ILCS 5/21B-75 | | | 4 | | 105 ILCS 5/24-12 | from Ch. 122, par. 24-12 | | 5 | | 105 ILCS 5/27A-5 | | | 6 | | 105 ILCS 5/34-85 | from Ch. 122, par. 34-85 | | 7 | | 745 ILCS 46/10 | | | 8 | | 820 ILCS 40/8 | from Ch. 48, par. 2008 | | 9 | | 820 ILCS 40/9 | from Ch. 48, par. 2009 |
| |
|