Full Text of HB5060 102nd General Assembly
HB5060eng 102ND GENERAL ASSEMBLY |
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| 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 Section | 5 | | 24-11 as follows:
| 6 | | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
| 7 | | Sec. 24-11. Boards of Education - Boards of School | 8 | | Inspectors -
Contractual continued service. | 9 | | (a) As used in this and the succeeding
Sections of this | 10 | | Article:
| 11 | | "Teacher" means any or all school district employees | 12 | | regularly required to be licensed
under laws relating to the | 13 | | licensure of teachers.
| 14 | | "Board" means board of directors, board of education, or | 15 | | board of school
inspectors, as the case may be.
| 16 | | "School term" means that portion of the school year, July | 17 | | 1 to the following
June 30, when school is in actual session.
| 18 | | "Program" means a program of a special education joint | 19 | | agreement. | 20 | | "Program of a special education joint agreement" means | 21 | | instructional, consultative, supervisory, administrative, | 22 | | diagnostic, and related services that are managed by a special | 23 | | educational joint agreement designed to service 2 or more |
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| 1 | | school districts that are members of the joint agreement. | 2 | | "PERA implementation date" means the implementation date | 3 | | of an evaluation system for teachers as specified by Section | 4 | | 24A-2.5 of this Code for all schools within a school district | 5 | | or all programs of a special education joint agreement. | 6 | | (b) This Section and Sections 24-12 through 24-16 of this | 7 | | Article apply only to
school districts having less than | 8 | | 500,000 inhabitants.
| 9 | | (c) Any teacher who is first employed as a full-time | 10 | | teacher in a school district or program prior to the PERA | 11 | | implementation date and who is employed in that district or | 12 | | program for
a probationary period of 4 consecutive school | 13 | | terms shall enter upon
contractual continued service in the | 14 | | district or in all of the programs that the teacher is legally | 15 | | qualified to hold, unless the teacher is given written notice | 16 | | of dismissal by certified mail, return receipt requested, by
| 17 | | the employing board at least 45 days before the end of any | 18 | | school term within such
period.
| 19 | | (d) For any teacher who is first employed as a full-time | 20 | | teacher in a school district or program on or after the PERA | 21 | | implementation date, the probationary period shall be one of | 22 | | the following periods, based upon the teacher's school terms | 23 | | of service and performance, before the teacher shall enter | 24 | | upon contractual continued service in the district or in all | 25 | | of the programs that the teacher is legally qualified to hold, | 26 | | unless the teacher is given written notice of dismissal by |
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| 1 | | certified mail, return receipt requested, by the employing | 2 | | board at least 45 days before the end of any school term within | 3 | | such period: | 4 | | (1) 3 4 consecutive school terms of service in which | 5 | | the teacher receives overall annual evaluation ratings of | 6 | | at least "Proficient" in the last school term and at least | 7 | | "Proficient" in either the second and or third school | 8 | | terms term ; | 9 | | (2) 2 3 consecutive school terms of service in which | 10 | | the teacher receives 2 3 overall annual evaluations of | 11 | | "Excellent"; or | 12 | | (3) 2 consecutive school terms of service in which the | 13 | | teacher receives 2 overall annual evaluations of | 14 | | "Excellent" service, but only if the teacher (i) | 15 | | previously attained contractual continued service in a | 16 | | different school district or program in this State, (ii) | 17 | | voluntarily departed or was honorably dismissed from that | 18 | | school district or program in the school term immediately | 19 | | prior to the teacher's first school term of service | 20 | | applicable to the attainment of contractual continued | 21 | | service under this subdivision (3), and (iii) received, in | 22 | | his or her 2 most recent overall annual or biennial | 23 | | evaluations from the prior school district or program, | 24 | | ratings of at least "Proficient", with both such ratings | 25 | | occurring after the school district's or program's PERA | 26 | | implementation date. For a teacher to attain contractual |
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| 1 | | continued service under this subdivision (3), the teacher | 2 | | shall provide official copies of his or her 2 most recent | 3 | | overall annual or biennial evaluations from the prior | 4 | | school district or program to the new school district or | 5 | | program within 60 days from the teacher's first day of | 6 | | service with the new school district or program. The prior | 7 | | school district or program must provide the teacher with | 8 | | official copies of his or her 2 most recent overall annual | 9 | | or biennial evaluations within 14 days after the teacher's | 10 | | request. If a teacher has requested such official copies | 11 | | prior to 45 days after the teacher's first day of service | 12 | | with the new school district or program and the teacher's | 13 | | prior school district or program fails to provide the | 14 | | teacher with the official copies required under this | 15 | | subdivision (3), then the time period for the teacher to | 16 | | submit the official copies to his or her new school | 17 | | district or program must be extended until 14 days after | 18 | | receipt of such copies from the prior school district or | 19 | | program. If the prior school district or program fails to | 20 | | provide the teacher with the official copies required | 21 | | under this subdivision (3) within 90 days from the | 22 | | teacher's first day of service with the new school | 23 | | district or program, then the new school district or | 24 | | program shall rely upon the teacher's own copies of his or | 25 | | her evaluations for purposes of this subdivision (3). | 26 | | If the teacher does not receive overall annual evaluations |
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| 1 | | of "Excellent" in the school terms necessary for eligibility | 2 | | to achieve accelerated contractual continued service in | 3 | | subdivisions (2) and (3) of this subsection (d), the teacher | 4 | | shall be eligible for contractual continued service pursuant | 5 | | to subdivision (1) of this subsection (d). If, at the | 6 | | conclusion of 4 consecutive school terms of service that count | 7 | | toward attainment of contractual continued service, the | 8 | | teacher's performance does not qualify the teacher for | 9 | | contractual continued service under subdivision (1) of this | 10 | | subsection (d), then the teacher shall not enter upon | 11 | | contractual continued service and shall be dismissed. If a | 12 | | performance evaluation is not conducted for any school term | 13 | | when such evaluation is required to be conducted under Section | 14 | | 24A-5 of this Code, then the teacher's performance evaluation | 15 | | rating for such school term for purposes of determining the | 16 | | attainment of contractual continued service shall be deemed | 17 | | "Proficient", except that, during any time in which the | 18 | | Governor has declared a disaster due to a public health | 19 | | emergency pursuant to Section 7 of the Illinois Emergency | 20 | | Management Agency Act, this default to "Proficient" does not | 21 | | apply to any teacher who has entered into contractual | 22 | | continued service and who was deemed "Excellent" on his or her | 23 | | most recent evaluation. During any time in which the Governor | 24 | | has declared a disaster due to a public health emergency | 25 | | pursuant to Section 7 of the Illinois Emergency Management | 26 | | Agency Act and unless the school board and any exclusive |
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| 1 | | bargaining representative have completed the performance | 2 | | rating for teachers or mutually agreed to an alternate | 3 | | performance rating, any teacher who has entered into | 4 | | contractual continued service, whose most recent evaluation | 5 | | was deemed "Excellent", and whose performance evaluation is | 6 | | not conducted when the evaluation is required to be conducted | 7 | | shall receive a teacher's performance rating deemed | 8 | | "Excellent". A school board and any exclusive bargaining | 9 | | representative may mutually agree to an alternate performance | 10 | | rating for teachers not in contractual continued service | 11 | | during any time in which the Governor has declared a disaster | 12 | | due to a public health emergency pursuant to Section 7 of the | 13 | | Illinois Emergency Management Agency Act, as long as the | 14 | | agreement is in writing. | 15 | | (e) For the purposes of determining contractual continued | 16 | | service, a school term shall be counted only toward attainment | 17 | | of contractual continued service if the teacher actually | 18 | | teaches or is otherwise present and participating in the | 19 | | district's or program's educational program for 120 days or | 20 | | more, provided that the days of leave under the federal Family | 21 | | Medical Leave Act that the teacher is required to take until | 22 | | the end of the school term shall be considered days of teaching | 23 | | or participation in the district's or program's educational | 24 | | program. A school term that is not counted toward attainment | 25 | | of contractual continued service shall not be considered a | 26 | | break in service for purposes of determining whether a teacher |
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| 1 | | has been employed for 4 consecutive school terms, provided | 2 | | that the teacher actually teaches or is otherwise present and | 3 | | participating in the district's or program's educational | 4 | | program in the following school term. | 5 | | (f) If the employing board determines to dismiss the | 6 | | teacher in the last year of the probationary period as | 7 | | provided in subsection (c) of this Section or subdivision (1) | 8 | | or (2) of subsection (d) of this Section, but not subdivision | 9 | | (3) of subsection (d) of this Section, the written notice of | 10 | | dismissal provided by the employing board must contain | 11 | | specific reasons for dismissal. Any full-time teacher who does | 12 | | not receive written notice from the employing board at least | 13 | | 45 days before the end of any school term as provided in this | 14 | | Section and whose performance does not require dismissal after | 15 | | the fourth probationary year pursuant to subsection (d) of | 16 | | this Section shall be re-employed for the following school | 17 | | term.
| 18 | | (g) Contractual continued service shall continue in effect | 19 | | the terms and
provisions of the contract with the teacher | 20 | | during the last school term
of the probationary period, | 21 | | subject to this Act and the lawful
regulations of the | 22 | | employing board. This Section and succeeding Sections
do not | 23 | | modify any existing power of the board except with respect to | 24 | | the
procedure of the discharge of a teacher and reductions in | 25 | | salary as
hereinafter provided. Contractual continued service | 26 | | status shall not
restrict the power of the board to transfer a |
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| 1 | | teacher to a position
which the teacher is qualified to fill or | 2 | | to make such salary
adjustments as it deems desirable, but | 3 | | unless reductions in salary are
uniform or based upon some | 4 | | reasonable classification, any teacher whose
salary is reduced | 5 | | shall be entitled to a notice and a hearing as
hereinafter | 6 | | provided in the case of certain dismissals or removals.
| 7 | | (h) If, by reason of any change in the boundaries of school | 8 | | districts or by reason of the creation of a new school | 9 | | district, the position held by any teacher having a | 10 | | contractual continued service status is transferred from one | 11 | | board to the control of a new or different board, then the | 12 | | contractual continued service status of the teacher is not | 13 | | thereby lost, and such new or different board is subject to | 14 | | this Code with respect to the teacher in the same manner as if | 15 | | the teacher were its employee and had been its employee during | 16 | | the time the teacher was actually employed by the board from | 17 | | whose control the position was transferred. | 18 | | (i) The employment of any teacher in a program of a special | 19 | | education joint
agreement established under Section 3-15.14, | 20 | | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | 21 | | Sections of this Article. For purposes of
attaining and | 22 | | maintaining contractual continued service and computing
length | 23 | | of continuing service as referred to in this Section and | 24 | | Section
24-12, employment in a special educational joint | 25 | | program shall be deemed a
continuation of all previous | 26 | | licensed employment of such teacher for
such joint agreement |
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| 1 | | whether the employer of the teacher was the joint
agreement, | 2 | | the regional superintendent, or one of the participating
| 3 | | districts in the joint agreement.
| 4 | | (j) For any teacher employed after July 1, 1987 as a | 5 | | full-time teacher in a program of a special education joint | 6 | | agreement, whether the program is operated by the joint | 7 | | agreement or a member district on behalf of the joint | 8 | | agreement, in the event of a reduction in the number of | 9 | | programs or positions in the joint agreement in which the | 10 | | notice of dismissal is provided on or before the end of the | 11 | | 2010-2011 school term, the teacher in contractual continued | 12 | | service is eligible for employment in the joint agreement | 13 | | programs for which the teacher is legally qualified in order | 14 | | of greater length of continuing service in the joint | 15 | | agreement, unless an alternative method of determining the | 16 | | sequence of dismissal is established in a collective | 17 | | bargaining agreement. For any teacher employed after July 1, | 18 | | 1987 as a full-time teacher in a program of a special education | 19 | | joint agreement, whether the program is operated by the joint | 20 | | agreement or a member district on behalf of the joint | 21 | | agreement, in the event of a reduction in the number of | 22 | | programs or positions in the joint agreement in which the | 23 | | notice of dismissal is provided during the 2011-2012 school | 24 | | term or a subsequent school term, the teacher shall be | 25 | | included on the honorable dismissal lists of all joint | 26 | | agreement programs for positions for which the teacher is |
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| 1 | | qualified and is eligible for employment in such programs in | 2 | | accordance with subsections (b) and (c) of Section 24-12 of | 3 | | this Code and the applicable honorable dismissal policies of | 4 | | the joint agreement. | 5 | | (k) For any teacher employed after July 1, 1987 as a | 6 | | full-time teacher in a program of a special education joint | 7 | | agreement, whether the program is operated by the joint | 8 | | agreement or a member district on behalf of the joint | 9 | | agreement, in the event of the dissolution of a joint | 10 | | agreement, in which the notice to teachers of the dissolution | 11 | | is provided during the 2010-2011 school term, the teacher in | 12 | | contractual continued service who is legally qualified shall | 13 | | be assigned to any comparable position in a member district | 14 | | currently held by a teacher who has not entered upon | 15 | | contractual continued service or held by a teacher who has | 16 | | entered upon contractual continued service with a shorter | 17 | | length of contractual continued service. Any teacher employed | 18 | | after July 1, 1987 as a full-time teacher in a program of a | 19 | | special education joint agreement, whether the program is | 20 | | operated by the joint agreement or a member district on behalf | 21 | | of the joint agreement, in the event of the dissolution of a | 22 | | joint agreement in which the notice to teachers of the | 23 | | dissolution is provided during the 2011-2012 school term or a | 24 | | subsequent school term, the teacher who is qualified shall be | 25 | | included on the order of honorable dismissal lists of each | 26 | | member district and shall be assigned to any comparable |
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| 1 | | position in any such district in accordance with subsections | 2 | | (b) and (c) of Section 24-12 of this Code and the applicable | 3 | | honorable dismissal policies of each member district.
| 4 | | (l) The governing board of the joint agreement, or the | 5 | | administrative
district, if so authorized by the articles of | 6 | | agreement of the joint
agreement, rather than the board of | 7 | | education of a school district, may
carry out employment and | 8 | | termination actions including dismissals under
this Section | 9 | | and Section 24-12.
| 10 | | (m) The employment of any teacher in a special education | 11 | | program
authorized by Section 14-1.01 through 14-14.01, or a | 12 | | joint educational
program established under Section 10-22.31a, | 13 | | shall be under this and the
succeeding Sections of this | 14 | | Article, and such employment shall be deemed
a continuation of | 15 | | the previous employment of such teacher in any of the
| 16 | | participating districts, regardless of the participation of | 17 | | other
districts in the program. | 18 | | (n) Any teacher employed as a full-time teacher in
a | 19 | | special education program prior to September 23, 1987 in which | 20 | | 2 or
more school districts
participate for a probationary | 21 | | period of 2 consecutive years shall enter
upon contractual | 22 | | continued service in each of the participating
districts, | 23 | | subject to this and the succeeding Sections of this Article,
| 24 | | and, notwithstanding Section 24-1.5 of this Code, in the event | 25 | | of the termination of the program shall be eligible for
any | 26 | | vacant position in any of such districts for which such |
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| 1 | | teacher is
qualified.
| 2 | | (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22 .)
| 3 | | Section 99. Effective date. This Act takes effect July 1, | 4 | | 2023.
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