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Rep. Fred Crespo
Filed: 5/23/2019
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1 | | AMENDMENT TO SENATE BILL 456
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2 | | AMENDMENT NO. ______. Amend Senate Bill 456, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The School Code is amended by changing Sections |
6 | | 10-21.9, 10-23.12, 21B-45, 21B-75, 21B-80, 24-12, 24-14, |
7 | | 27A-5, 34-18.5, 34-18.6, and 34-85 and by adding Sections |
8 | | 10-20.69, 22-85, 22-86, and 34-18.61 as follows: |
9 | | (105 ILCS 5/10-20.69 new) |
10 | | Sec. 10-20.69. Sexual abuse investigations at schools. |
11 | | Every 2 years, each school district must review all existing |
12 | | policies and procedures concerning sexual abuse investigations |
13 | | at schools to ensure consistency with Section 22-85.
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14 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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15 | | Sec. 10-21.9. Criminal history records checks and checks of |
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1 | | the Statewide Sex Offender Database and Statewide Murderer and |
2 | | Violent Offender Against Youth Database.
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3 | | (a) Licensed and nonlicensed Certified and noncertified |
4 | | applicants for employment with a school
district, except school |
5 | | bus driver applicants, are required as a condition
of |
6 | | employment to authorize a fingerprint-based criminal history |
7 | | records check to determine if such applicants have been |
8 | | convicted of any disqualifying, of
the enumerated criminal or |
9 | | drug offenses in subsection (c) of this Section or
have been |
10 | | convicted, within 7 years of the application for employment |
11 | | with
the
school district, of any other felony under the laws of |
12 | | this State or of any
offense committed or attempted in any |
13 | | other state or against the laws of
the United States that, if |
14 | | committed or attempted in this State, would
have been |
15 | | punishable as a felony under the laws of this State.
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16 | | Authorization for
the check shall be furnished by the applicant |
17 | | to
the school district, except that if the applicant is a |
18 | | substitute teacher
seeking employment in more than one school |
19 | | district, a teacher seeking
concurrent part-time employment |
20 | | positions with more than one school
district (as a reading |
21 | | specialist, special education teacher or otherwise),
or an |
22 | | educational support personnel employee seeking employment |
23 | | positions
with more than one district, any such district may |
24 | | require the applicant to
furnish authorization for
the check to |
25 | | the regional superintendent
of the educational service region |
26 | | in which are located the school districts
in which the |
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1 | | applicant is seeking employment as a substitute or concurrent
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2 | | part-time teacher or concurrent educational support personnel |
3 | | employee.
Upon receipt of this authorization, the school |
4 | | district or the appropriate
regional superintendent, as the |
5 | | case may be, shall submit the applicant's
name, sex, race, date |
6 | | of birth, social security number, fingerprint images, and other |
7 | | identifiers, as prescribed by the Department
of State Police, |
8 | | to the Department. The regional
superintendent submitting the |
9 | | requisite information to the Department of
State Police shall |
10 | | promptly notify the school districts in which the
applicant is |
11 | | seeking employment as a substitute or concurrent part-time
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12 | | teacher or concurrent educational support personnel employee |
13 | | that
the
check of the applicant has been requested. The |
14 | | Department of State Police and the Federal Bureau of |
15 | | Investigation shall furnish, pursuant to a fingerprint-based |
16 | | criminal history records check, records of convictions, |
17 | | forever and hereinafter, until expunged, to the president of |
18 | | the school board for the school district that requested the |
19 | | check, or to the regional superintendent who requested the |
20 | | check.
The
Department shall charge
the school district
or the |
21 | | appropriate regional superintendent a fee for
conducting
such |
22 | | check, which fee shall be deposited in the State
Police |
23 | | Services Fund and shall not exceed the cost of
the inquiry; and |
24 | | the
applicant shall not be charged a fee for
such check by the |
25 | | school
district or by the regional superintendent, except that |
26 | | those applicants seeking employment as a substitute teacher |
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1 | | with a school district may be charged a fee not to exceed the |
2 | | cost of the inquiry. Subject to appropriations for these |
3 | | purposes, the State Superintendent of Education shall |
4 | | reimburse school districts and regional superintendents for |
5 | | fees paid to obtain criminal history records checks under this |
6 | | Section.
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7 | | (a-5) The school district or regional superintendent shall |
8 | | further perform a check of the Statewide Sex Offender Database, |
9 | | as authorized by the Sex Offender Community Notification Law, |
10 | | for each applicant. The check of the Statewide Sex Offender |
11 | | Database must be conducted by the school district or regional |
12 | | superintendent once for every 5 years that an applicant remains |
13 | | employed by the school district. |
14 | | (a-6) The school district or regional superintendent shall |
15 | | further perform a check of the Statewide Murderer and Violent |
16 | | Offender Against Youth Database, as authorized by the Murderer |
17 | | and Violent Offender Against Youth Community Notification Law, |
18 | | for each applicant. The check of the Murderer and Violent |
19 | | Offender Against Youth Database must be conducted by the school |
20 | | district or regional superintendent once for every 5 years that |
21 | | an applicant remains employed by the school district. |
22 | | (b)
Any information
concerning the record of convictions |
23 | | obtained by the president of the
school board or the regional |
24 | | superintendent shall be confidential and may
only be |
25 | | transmitted to the superintendent of the school district or his
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26 | | designee, the appropriate regional superintendent if
the check |
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1 | | was
requested by the school district, the presidents of the |
2 | | appropriate school
boards if
the check was requested from the |
3 | | Department of State
Police by the regional superintendent, the |
4 | | State Superintendent of
Education, the State Educator |
5 | | Preparation and Licensure State Teacher Certification Board, |
6 | | any other person
necessary to the decision of hiring the |
7 | | applicant for employment, or for clarification purposes the |
8 | | Department of State Police or Statewide Sex Offender Database, |
9 | | or both. A copy
of the record of convictions obtained from the |
10 | | Department of State Police
shall be provided to the applicant |
11 | | for employment. Upon the check of the Statewide Sex Offender |
12 | | Database, the school district or regional superintendent shall |
13 | | notify an applicant as to whether or not the applicant has been |
14 | | identified in the Database as a sex offender. If a check of
an |
15 | | applicant for employment as a substitute or concurrent |
16 | | part-time teacher
or concurrent educational support personnel |
17 | | employee in more than one
school district was requested by the |
18 | | regional superintendent, and the
Department of State Police |
19 | | upon a check ascertains that the applicant
has not been |
20 | | convicted of any of the enumerated criminal or drug offenses
in |
21 | | subsection (c) of this Section
or has not been convicted, |
22 | | within 7 years of the
application for
employment with the
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23 | | school district, of any other felony under the laws of this |
24 | | State or of any
offense committed or attempted in any other |
25 | | state or against the laws of
the United States that, if |
26 | | committed or attempted in this State, would
have been |
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1 | | punishable as a felony under the laws of this State
and so |
2 | | notifies the regional
superintendent and if the regional |
3 | | superintendent upon a check ascertains that the applicant has |
4 | | not been identified in the Sex Offender Database as a sex |
5 | | offender, then the
regional superintendent shall issue to the |
6 | | applicant a certificate
evidencing that as of the date |
7 | | specified by the Department of State Police
the applicant has |
8 | | not been convicted of any of the enumerated criminal or
drug |
9 | | offenses in subsection (c) of this Section
or has not been
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10 | | convicted, within 7 years of the application for employment |
11 | | with the
school district, of any other felony under the laws of |
12 | | this State or of any
offense committed or attempted in any |
13 | | other state or against the laws of
the United States that, if |
14 | | committed or attempted in this State, would
have been |
15 | | punishable as a felony under the laws of this State and |
16 | | evidencing that as of the date that the regional superintendent |
17 | | conducted a check of the Statewide Sex Offender Database, the |
18 | | applicant has not been identified in the Database as a sex |
19 | | offender. The school
board of
any
school district
may rely on |
20 | | the
certificate issued by any regional superintendent to that |
21 | | substitute teacher, concurrent part-time teacher, or |
22 | | concurrent educational support personnel employee or may
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23 | | initiate its own criminal history records check of the |
24 | | applicant through the Department of
State Police and its own |
25 | | check of the Statewide Sex Offender Database as provided in |
26 | | subsection (a). Any unauthorized release of confidential |
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1 | | information may be a violation of Section 7 of the Criminal |
2 | | Identification Act.
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3 | | (c) No school board shall knowingly employ a person who has |
4 | | been
convicted of any offense that would subject him or her to |
5 | | license suspension or revocation pursuant to Section 21B-80 of |
6 | | this Code , except as provided under subsection (b) of Section |
7 | | 21B-80 .
Further, no school board shall knowingly employ a |
8 | | person who has been found
to be the perpetrator of sexual or |
9 | | physical abuse of any minor under 18 years
of age pursuant to |
10 | | proceedings under Article II of the Juvenile Court Act of
1987. |
11 | | As a condition of employment, each school board must consider |
12 | | the status of a person who has been issued an indicated finding |
13 | | of abuse or neglect of a child by the Department of Children |
14 | | and Family Services under the Abused and Neglected Child |
15 | | Reporting Act or by a child welfare agency of another |
16 | | jurisdiction.
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17 | | (d) No school board shall knowingly employ a person for |
18 | | whom a criminal
history records check and a Statewide Sex |
19 | | Offender Database check has not been initiated.
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20 | | (e) If permissible by federal or State law, no later than |
21 | | 15 business days after receipt of a record of conviction or of |
22 | | checking the Statewide Murderer and Violent Offender Against |
23 | | Youth Database or the Statewide Sex Offender Database and |
24 | | finding a registration, the superintendent of the employing |
25 | | school board or the applicable regional superintendent shall, |
26 | | in writing, notify the State Superintendent of Education of any |
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1 | | license holder who has been convicted of a crime set forth in |
2 | | Section 21B-80 of this Code. Upon receipt of the record of a |
3 | | conviction of or a finding of child
abuse by a holder of any |
4 | | license
certificate issued pursuant to Article 21B 21 or |
5 | | Section 34-8.1 or 34-83 of the
School Code, the
State |
6 | | Superintendent of Education may initiate licensure certificate |
7 | | suspension
and revocation proceedings as authorized by law. If |
8 | | the receipt of the record of conviction or finding of child |
9 | | abuse is received within 6 months after the initial grant of or |
10 | | renewal of a license, the State Superintendent of Education may |
11 | | rescind the license holder's license.
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12 | | (e-5) The superintendent of the employing school board |
13 | | shall, in writing, notify the State Superintendent of Education |
14 | | and the applicable regional superintendent of schools of any |
15 | | license certificate holder whom he or she has reasonable cause |
16 | | to believe has committed an intentional act of abuse or neglect |
17 | | with the result of making a child an abused child or a |
18 | | neglected child, as defined in Section 3 of the Abused and |
19 | | Neglected Child Reporting Act, and that act resulted in the |
20 | | license certificate holder's dismissal or resignation from the |
21 | | school district. This notification must be submitted within 30 |
22 | | days after the dismissal or resignation. The license |
23 | | certificate holder must also be contemporaneously sent a copy |
24 | | of the notice by the superintendent. All correspondence, |
25 | | documentation, and other information so received by the |
26 | | regional superintendent of schools, the State Superintendent |
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1 | | of Education, the State Board of Education, or the State |
2 | | Educator Preparation and Licensure State Teacher Certification |
3 | | Board under this subsection (e-5) is confidential and must not |
4 | | be disclosed to third parties, except (i) as necessary for the |
5 | | State Superintendent of Education or his or her designee to |
6 | | investigate and prosecute pursuant to Article 21B 21 of this |
7 | | Code, (ii) pursuant to a court order, (iii) for disclosure to |
8 | | the license certificate holder or his or her representative, or |
9 | | (iv) as otherwise provided in this Article and provided that |
10 | | any such information admitted into evidence in a hearing is |
11 | | exempt from this confidentiality and non-disclosure |
12 | | requirement. Except for an act of willful or wanton misconduct, |
13 | | any superintendent who provides notification as required in |
14 | | this subsection (e-5) shall have immunity from any liability, |
15 | | whether civil or criminal or that otherwise might result by |
16 | | reason of such action. |
17 | | (f) After January 1, 1990 the provisions of this Section |
18 | | shall apply
to all employees of persons or firms holding |
19 | | contracts with any school
district including, but not limited |
20 | | to, food service workers, school bus
drivers and other |
21 | | transportation employees, who have direct, daily contact
with |
22 | | the pupils of any school in such district. For purposes of |
23 | | criminal
history records checks and checks of the Statewide Sex |
24 | | Offender Database on employees of persons or firms holding
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25 | | contracts with more than one school district and assigned to |
26 | | more than one
school district, the regional superintendent of |
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1 | | the educational service
region in which the contracting school |
2 | | districts are located may, at the
request of any such school |
3 | | district, be responsible for receiving the
authorization for
a |
4 | | criminal history records check prepared by each such employee |
5 | | and
submitting the same to the Department of State Police and |
6 | | for conducting a check of the Statewide Sex Offender Database |
7 | | for each employee. Any information
concerning the record of |
8 | | conviction and identification as a sex offender of any such |
9 | | employee obtained by the
regional superintendent shall be |
10 | | promptly reported to the president of the
appropriate school |
11 | | board or school boards.
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12 | | (f-5) Upon request of a school or school district, any |
13 | | information obtained by a school district pursuant to |
14 | | subsection (f) of this Section within the last year must be |
15 | | made available to the requesting school or school district. |
16 | | (g) Prior to the commencement of any student teaching |
17 | | experience or required internship (which is referred to as |
18 | | student teaching in this Section) in the public schools, a |
19 | | student teacher is required to authorize a fingerprint-based |
20 | | criminal history records check. Authorization for and payment |
21 | | of the costs of the check must be furnished by the student |
22 | | teacher to the school district where the student teaching is to |
23 | | be completed. Upon receipt of this authorization and payment, |
24 | | the school district shall submit the student teacher's name, |
25 | | sex, race, date of birth, social security number, fingerprint |
26 | | images, and other identifiers, as prescribed by the Department |
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1 | | of State Police, to the Department of State Police. The |
2 | | Department of State Police and the Federal Bureau of |
3 | | Investigation shall furnish, pursuant to a fingerprint-based |
4 | | criminal history records check, records of convictions, |
5 | | forever and hereinafter, until expunged, to the president of |
6 | | the school board for the school district that requested the |
7 | | check. The Department shall charge the school district a fee |
8 | | for conducting the check, which fee must not exceed the cost of |
9 | | the inquiry and must be deposited into the State Police |
10 | | Services Fund. The school district shall further perform a |
11 | | check of the Statewide Sex Offender Database, as authorized by |
12 | | the Sex Offender Community Notification Law, and of the |
13 | | Statewide Murderer and Violent Offender Against Youth |
14 | | Database, as authorized by the Murderer and Violent Offender |
15 | | Against Youth Registration Act, for each student teacher. No |
16 | | school board may knowingly allow a person to student teach for |
17 | | whom a criminal history records check, a Statewide Sex Offender |
18 | | Database check, and a Statewide Murderer and Violent Offender |
19 | | Against Youth Database check have not been completed and |
20 | | reviewed by the district. |
21 | | A copy of the record of convictions obtained from the |
22 | | Department of State Police must be provided to the student |
23 | | teacher. Any information concerning the record of convictions |
24 | | obtained by the president of the school board is confidential |
25 | | and may only be transmitted to the superintendent of the school |
26 | | district or his or her designee, the State Superintendent of |
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1 | | Education, the State Educator Preparation and Licensure Board, |
2 | | or, for clarification purposes, the Department of State Police |
3 | | or the Statewide Sex Offender Database or Statewide Murderer |
4 | | and Violent Offender Against Youth Database. Any unauthorized |
5 | | release of confidential information may be a violation of |
6 | | Section 7 of the Criminal Identification Act. |
7 | | No school board shall may knowingly allow a person to |
8 | | student teach who has been convicted of any offense that would |
9 | | subject him or her to license suspension or revocation pursuant |
10 | | to subsection (c) of Section 21B-80 of this Code , except as |
11 | | provided under subsection (b) of Section 21B-80. Further, no |
12 | | school board shall allow a person to student teach if he or she |
13 | | or who has been found to be the perpetrator of sexual or |
14 | | physical abuse of a minor under 18 years of age pursuant to |
15 | | proceedings under Article II of the Juvenile Court Act of 1987. |
16 | | Each school board must consider the status of a person to |
17 | | student teach who has been issued an indicated finding of abuse |
18 | | or neglect of a child by the Department of Children and Family |
19 | | Services under the Abused and Neglected Child Reporting Act or |
20 | | by a child welfare agency of another jurisdiction. |
21 | | (h) (Blank). |
22 | | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
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23 | | (105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
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24 | | Sec. 10-23.12. Child abuse and neglect; detection, |
25 | | reporting, and prevention ; willful or negligent failure to |
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1 | | report . |
2 | | (a) To provide staff development for local
school site |
3 | | personnel who work with pupils in grades kindergarten through
8 |
4 | | in the detection, reporting, and prevention of child abuse and |
5 | | neglect.
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6 | | (b) The Department of Children and Family Services may, in |
7 | | cooperation with school officials, distribute appropriate |
8 | | materials in school buildings listing the toll-free telephone |
9 | | number established in Section 7.6 of the Abused and Neglected |
10 | | Child Reporting Act, including methods of making a report under |
11 | | Section 7 of the Abused and Neglected Child Reporting Act, to |
12 | | be displayed in a clearly visible location in each school |
13 | | building. |
14 | | (c) Except for an employee licensed under Article 21B of |
15 | | this Code, if a school board determines that any school |
16 | | district employee has willfully or negligently failed to report |
17 | | an instance of suspected child abuse or neglect, as required by |
18 | | the Abused and Neglected Child Reporting Act, then the school |
19 | | board may dismiss that employee immediately upon that |
20 | | determination. For purposes of this subsection (c), negligent |
21 | | failure to report an instance of suspected child abuse or |
22 | | neglect occurs when a school district employee personally |
23 | | observes an instance of suspected child abuse or neglect and |
24 | | reasonably believes, in his or her professional or official |
25 | | capacity, that the instance constitutes an act of child abuse |
26 | | or neglect under the Abused and Neglected Child Reporting Act, |
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1 | | and he or she, without willful intent, fails to immediately |
2 | | report or cause a report to be made of the suspected abuse or |
3 | | neglect to the Department of Children and Family Services, as |
4 | | required by the Abused and Neglected Child Reporting Act. |
5 | | (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18 .)
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6 | | (105 ILCS 5/21B-45) |
7 | | Sec. 21B-45. Professional Educator License renewal. |
8 | | (a) Individuals holding a Professional Educator License |
9 | | are required to complete the licensure renewal requirements as |
10 | | specified in this Section, unless otherwise provided in this |
11 | | Code. |
12 | | Individuals holding a Professional Educator License shall |
13 | | meet the renewal requirements set forth in this Section, unless |
14 | | otherwise provided in this Code. If an individual holds a |
15 | | license endorsed in more than one area that has different |
16 | | renewal requirements, that individual shall follow the renewal |
17 | | requirements for the position for which he or she spends the |
18 | | majority of his or her time working. |
19 | | (b) All Professional Educator Licenses not renewed as |
20 | | provided in this Section shall lapse on September 1 of that |
21 | | year. Notwithstanding any other provisions of this Section, if |
22 | | a license holder's electronic mail address is available, the |
23 | | State Board of Education shall send him or her notification |
24 | | electronically that his or her license will lapse if not |
25 | | renewed, to be sent no more than 6 months prior to the license |
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1 | | lapsing. Lapsed licenses may be immediately reinstated upon (i) |
2 | | payment by the applicant of a $500 penalty to the State Board |
3 | | of Education or (ii) the demonstration of proficiency by |
4 | | completing 9 semester hours of coursework from a regionally |
5 | | accredited institution of higher education in the content area |
6 | | that most aligns with one or more of the educator's endorsement |
7 | | areas. Any and all back fees, including without limitation |
8 | | registration fees owed from the time of expiration of the |
9 | | license until the date of reinstatement, shall be paid and kept |
10 | | in accordance with the provisions in Article 3 of this Code |
11 | | concerning an institute fund and the provisions in Article 21B |
12 | | of this Code concerning fees and requirements for registration. |
13 | | Licenses not registered in accordance with Section 21B-40 of |
14 | | this Code shall lapse after a period of 6 months from the |
15 | | expiration of the last year of registration or on January 1 of |
16 | | the fiscal year following initial issuance of the license. An |
17 | | unregistered license is invalid after September 1 for |
18 | | employment and performance of services in an Illinois public or |
19 | | State-operated school or cooperative and in a charter school. |
20 | | Any license or endorsement may be voluntarily surrendered by |
21 | | the license holder. A voluntarily surrendered license , except a |
22 | | substitute teaching license issued under Section 21B-20 of this |
23 | | Code, shall be treated as a revoked license. An Educator |
24 | | License with Stipulations with only a paraprofessional |
25 | | endorsement does not lapse.
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26 | | (c) From July 1, 2013 through June 30, 2014, in order to |
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1 | | satisfy the requirements for licensure renewal provided for in |
2 | | this Section, each professional educator licensee with an |
3 | | administrative endorsement who is working in a position |
4 | | requiring such endorsement shall complete one Illinois |
5 | | Administrators' Academy course, as described in Article 2 of |
6 | | this Code, per fiscal year. |
7 | | (d) Beginning July 1, 2014, in order to satisfy the |
8 | | requirements for licensure renewal provided for in this |
9 | | Section, each professional educator licensee may create a |
10 | | professional development plan each year. The plan shall address |
11 | | one or more of the endorsements that are required of his or her |
12 | | educator position if the licensee is employed and performing |
13 | | services in an Illinois public or State-operated school or |
14 | | cooperative. If the licensee is employed in a charter school, |
15 | | the plan shall address that endorsement or those endorsements |
16 | | most closely related to his or her educator position. Licensees |
17 | | employed and performing services in any other Illinois schools |
18 | | may participate in the renewal requirements by adhering to the |
19 | | same process. |
20 | | Except as otherwise provided in this Section, the |
21 | | licensee's professional development activities shall align |
22 | | with one or more of the following criteria: |
23 | | (1) activities are of a type that engage participants |
24 | | over a sustained period of time allowing for analysis, |
25 | | discovery, and application as they relate to student |
26 | | learning, social or emotional achievement, or well-being; |
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1 | | (2) professional development aligns to the licensee's |
2 | | performance; |
3 | | (3) outcomes for the activities must relate to student |
4 | | growth or district improvement; |
5 | | (4) activities align to State-approved standards;
and |
6 | | (5) higher education coursework. |
7 | | (e) For each renewal cycle, each professional educator |
8 | | licensee shall engage in professional development activities. |
9 | | Prior to renewal, the licensee shall enter electronically into |
10 | | the Educator Licensure Information System (ELIS) the name, |
11 | | date, and location of the activity, the number of professional |
12 | | development hours, and the provider's name. The following |
13 | | provisions shall apply concerning professional development |
14 | | activities: |
15 | | (1) Each licensee shall complete a total of 120 hours |
16 | | of professional development per 5-year renewal cycle in |
17 | | order to renew the license, except as otherwise provided in |
18 | | this Section. |
19 | | (2) Beginning with his or her first full 5-year cycle, |
20 | | any licensee with an administrative endorsement who is not |
21 | | working in a position requiring such endorsement is not |
22 | | required to complete Illinois Administrators' Academy |
23 | | courses, as described in Article 2 of this Code. Such |
24 | | licensees must complete one Illinois Administrators' |
25 | | Academy course within one year after returning to a |
26 | | position that requires the administrative endorsement. |
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1 | | (3) Any licensee with an administrative endorsement |
2 | | who is working in a position requiring such endorsement or |
3 | | an individual with a Teacher Leader endorsement serving in |
4 | | an administrative capacity at least 50% of the day shall |
5 | | complete one Illinois Administrators' Academy course, as |
6 | | described in Article 2 of this Code, each fiscal year in |
7 | | addition to 100 hours of professional development per |
8 | | 5-year renewal cycle in accordance with this Code. |
9 | | (4) Any licensee holding a current National Board for |
10 | | Professional Teaching Standards (NBPTS) master teacher |
11 | | designation shall complete a total of 60 hours of |
12 | | professional development per 5-year renewal cycle in order |
13 | | to renew the license. |
14 | | (5) Licensees working in a position that does not |
15 | | require educator licensure or working in a position for |
16 | | less than 50% for any particular year are considered to be |
17 | | exempt and shall be required to pay only the registration |
18 | | fee in order to renew and maintain the validity of the |
19 | | license. |
20 | | (6) Licensees who are retired and qualify for benefits |
21 | | from a State of Illinois retirement system shall notify the |
22 | | State Board of Education using ELIS, and the license shall |
23 | | be maintained in retired status. For any renewal cycle in |
24 | | which a licensee retires during the renewal cycle, the |
25 | | licensee must complete professional development activities |
26 | | on a prorated basis depending on the number of years during |
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1 | | the renewal cycle the educator held an active license. If a |
2 | | licensee retires during a renewal cycle, the licensee must |
3 | | notify the State Board of Education using ELIS that the |
4 | | licensee wishes to maintain the license in retired status |
5 | | and must show proof of completion of professional |
6 | | development activities on a prorated basis for all years of |
7 | | that renewal cycle for which the license was active. An |
8 | | individual with a license in retired status shall not be |
9 | | required to complete professional development activities |
10 | | or pay registration fees until returning to a position that |
11 | | requires educator licensure. Upon returning to work in a |
12 | | position that requires the Professional Educator License, |
13 | | the licensee shall immediately pay a registration fee and |
14 | | complete renewal requirements for that year. A license in |
15 | | retired status cannot lapse. Beginning on January 6, 2017 |
16 | | (the effective date of Public Act 99-920) through December |
17 | | 31, 2017, any licensee who has retired and whose license |
18 | | has lapsed for failure to renew as provided in this Section |
19 | | may reinstate that license and maintain it in retired |
20 | | status upon providing proof to the State Board of Education |
21 | | using ELIS that the licensee is retired and is not working |
22 | | in a position that requires a Professional Educator |
23 | | License. |
24 | | (7) For any renewal cycle in which professional |
25 | | development hours were required, but not fulfilled, the |
26 | | licensee shall complete any missed hours to total the |
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1 | | minimum professional development hours required in this |
2 | | Section prior to September 1 of that year. Professional |
3 | | development hours used to fulfill the minimum required |
4 | | hours for a renewal cycle may be used for only one renewal |
5 | | cycle. For any fiscal year or renewal cycle in which an |
6 | | Illinois Administrators' Academy course was required but |
7 | | not completed, the licensee shall complete any missed |
8 | | Illinois Administrators' Academy courses prior to |
9 | | September 1 of that year. The licensee may complete all |
10 | | deficient hours and Illinois Administrators' Academy |
11 | | courses while continuing to work in a position that |
12 | | requires that license until September 1 of that year. |
13 | | (8) Any licensee who has not fulfilled the professional |
14 | | development renewal requirements set forth in this Section |
15 | | at the end of any 5-year renewal cycle is ineligible to |
16 | | register his or her license and may submit an appeal to the |
17 | | State Superintendent of Education for reinstatement of the |
18 | | license. |
19 | | (9) If professional development opportunities were |
20 | | unavailable to a licensee, proof that opportunities were |
21 | | unavailable and request for an extension of time beyond |
22 | | August 31 to complete the renewal requirements may be |
23 | | submitted from April 1 through June 30 of that year to the |
24 | | State Educator Preparation and Licensure Board. If an |
25 | | extension is approved, the license shall remain valid |
26 | | during the extension period. |
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1 | | (10) Individuals who hold exempt licenses prior to |
2 | | December 27, 2013 (the effective date of Public Act 98-610) |
3 | | shall commence the annual renewal process with the first |
4 | | scheduled registration due after December 27, 2013 (the |
5 | | effective date of Public Act 98-610). |
6 | | (11) Notwithstanding any other provision of this |
7 | | subsection (e), if a licensee earns more than the required |
8 | | number of professional development hours during a renewal |
9 | | cycle, then the licensee may carry over any hours earned |
10 | | from April 1 through June 30 of the last year of the |
11 | | renewal cycle. Any hours carried over in this manner must |
12 | | be applied to the next renewal cycle. Illinois |
13 | | Administrators' Academy courses or hours earned in those |
14 | | courses may not be carried over. |
15 | | (f) At the time of renewal, each licensee shall respond to |
16 | | the required questions under penalty of perjury. |
17 | | (f-5) The State Board of Education shall conduct random |
18 | | audits of licensees to verify a licensee's fulfillment of the |
19 | | professional development hours required under this Section. |
20 | | Upon completion of a random audit, if it is determined by the |
21 | | State Board of Education that the licensee did not complete the |
22 | | required number of professional development hours or did not |
23 | | provide sufficient proof of completion, the licensee shall be |
24 | | notified that his or her license has lapsed. A license that has |
25 | | lapsed under this subsection may be reinstated as provided in |
26 | | subsection (b). |
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1 | | (g) The following entities shall be designated as approved |
2 | | to provide professional development activities for the renewal |
3 | | of Professional Educator Licenses: |
4 | | (1) The State Board of Education. |
5 | | (2) Regional offices of education and intermediate |
6 | | service centers. |
7 | | (3) Illinois professional associations representing |
8 | | the following groups that are approved by the State |
9 | | Superintendent of Education: |
10 | | (A) school administrators; |
11 | | (B) principals; |
12 | | (C) school business officials; |
13 | | (D) teachers, including special education |
14 | | teachers; |
15 | | (E) school boards; |
16 | | (F) school districts; |
17 | | (G) parents; and |
18 | | (H) school service personnel. |
19 | | (4) Regionally accredited institutions of higher |
20 | | education that offer Illinois-approved educator |
21 | | preparation programs and public community colleges subject |
22 | | to the Public Community College Act. |
23 | | (5) Illinois public school districts, charter schools |
24 | | authorized under Article 27A of this Code, and joint |
25 | | educational programs authorized under Article 10 of this |
26 | | Code for the purposes of providing career and technical |
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1 | | education or special education services. |
2 | | (6) A not-for-profit organization that, as of December |
3 | | 31, 2014 (the effective date of Public Act 98-1147), has |
4 | | had or has a grant from or a contract with the State Board |
5 | | of Education to provide professional development services |
6 | | in the area of English Learning to Illinois school |
7 | | districts, teachers, or administrators. |
8 | | (7) State agencies, State boards, and State |
9 | | commissions. |
10 | | (8) Museums as defined in Section 10 of the Museum |
11 | | Disposition of Property Act. |
12 | | (h) Approved providers under subsection (g) of this Section |
13 | | shall make available professional development opportunities |
14 | | that satisfy at least one of the following: |
15 | | (1) increase the knowledge and skills of school and |
16 | | district leaders who guide continuous professional |
17 | | development; |
18 | | (2) improve the learning of students; |
19 | | (3) organize adults into learning communities whose |
20 | | goals are aligned with those of the school and district; |
21 | | (4) deepen educator's content knowledge; |
22 | | (5) provide educators with research-based |
23 | | instructional strategies to assist students in meeting |
24 | | rigorous academic standards; |
25 | | (6) prepare educators to appropriately use various |
26 | | types of classroom assessments; |
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1 | | (7) use learning strategies appropriate to the |
2 | | intended goals; |
3 | | (8) provide educators with the knowledge and skills to |
4 | | collaborate; or |
5 | | (9) prepare educators to apply research to |
6 | | decision-making. |
7 | | (i) Approved providers under subsection (g) of this Section |
8 | | shall do the following: |
9 | | (1) align professional development activities to the |
10 | | State-approved national standards for professional |
11 | | learning; |
12 | | (2) meet the professional development criteria for |
13 | | Illinois licensure renewal; |
14 | | (3) produce a rationale for the activity that explains |
15 | | how it aligns to State standards and identify the |
16 | | assessment for determining the expected impact on student |
17 | | learning or school improvement; |
18 | | (4) maintain original documentation for completion of |
19 | | activities; |
20 | | (5) provide license holders with evidence of |
21 | | completion of activities; and |
22 | | (6) request an Illinois Educator Identification Number |
23 | | (IEIN) for each educator during each professional |
24 | | development activity ; and . |
25 | | (7) beginning on July 1, 2019, register annually with |
26 | | the State Board of Education prior to offering any |
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1 | | professional development opportunities in the current |
2 | | fiscal year. |
3 | | (j) The State Board of Education shall conduct annual |
4 | | audits of a subset of approved providers, except for school |
5 | | districts, which shall be audited by regional offices of |
6 | | education and intermediate service centers. The State Board of |
7 | | Education shall ensure that each approved provider, except for |
8 | | a school district, is audited at least once every 5 years. The |
9 | | State Board of Education may conduct more frequent audits of |
10 | | providers if evidence suggests the requirements of this Section |
11 | | or administrative rules are not being met. The State Board of |
12 | | Education shall complete random audits of licensees. |
13 | | (1) (Blank). |
14 | | (2) Approved providers shall comply with the |
15 | | requirements in subsections (h) and (i) of this Section by |
16 | | annually submitting data to the State Board of Education |
17 | | demonstrating how the professional development activities |
18 | | impacted one or more of the following: |
19 | | (A) educator and student growth in regards to |
20 | | content knowledge or skills, or both; |
21 | | (B) educator and student social and emotional |
22 | | growth; or |
23 | | (C) alignment to district or school improvement |
24 | | plans. |
25 | | (3) The State Superintendent of Education shall review |
26 | | the annual data collected by the State Board of Education, |
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1 | | regional offices of education, and intermediate service |
2 | | centers in audits to determine if the approved provider has |
3 | | met the criteria and should continue to be an approved |
4 | | provider or if further action should be taken as provided |
5 | | in rules. |
6 | | (k) Registration fees shall be paid for the next renewal |
7 | | cycle between April 1 and June 30 in the last year of each |
8 | | 5-year renewal cycle using ELIS. If all required professional |
9 | | development hours for the renewal cycle have been completed and |
10 | | entered by the licensee, the licensee shall pay the |
11 | | registration fees for the next cycle using a form of credit or |
12 | | debit card. |
13 | | (l) Any professional educator licensee endorsed for school |
14 | | support personnel who is employed and performing services in |
15 | | Illinois public schools and who holds an active and current |
16 | | professional license issued by the Department of Financial and |
17 | | Professional Regulation or a national certification board, as |
18 | | approved by the State Board of Education, related to the |
19 | | endorsement areas on the Professional Educator License shall be |
20 | | deemed to have satisfied the continuing professional |
21 | | development requirements provided for in this Section. Such |
22 | | individuals shall be required to pay only registration fees to |
23 | | renew the Professional Educator License. An individual who does |
24 | | not hold a license issued by the Department of Financial and |
25 | | Professional Regulation shall complete professional |
26 | | development requirements for the renewal of a Professional |
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1 | | Educator License provided for in this Section. |
2 | | (m) Appeals to the State Educator Preparation and Licensure |
3 | | Board
must be made within 30 days after receipt of notice from |
4 | | the State Superintendent of Education that a license will not |
5 | | be renewed based upon failure to complete the requirements of |
6 | | this Section. A licensee may appeal that decision to the State |
7 | | Educator Preparation and Licensure Board in a manner prescribed |
8 | | by rule. |
9 | | (1) Each appeal shall state the reasons why the State |
10 | | Superintendent's decision should be reversed and shall be |
11 | | sent by certified mail, return receipt requested, to the |
12 | | State Board of Education. |
13 | | (2) The State Educator Preparation and Licensure Board |
14 | | shall review each appeal regarding renewal of a license |
15 | | within 90 days after receiving the appeal in order to |
16 | | determine whether the licensee has met the requirements of |
17 | | this Section. The State Educator Preparation and Licensure |
18 | | Board may hold an appeal hearing or may make its |
19 | | determination based upon the record of review, which shall |
20 | | consist of the following: |
21 | | (A) the regional superintendent of education's |
22 | | rationale for recommending nonrenewal of the license, |
23 | | if applicable; |
24 | | (B) any evidence submitted to the State |
25 | | Superintendent along with the individual's electronic |
26 | | statement of assurance for renewal; and |
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1 | | (C) the State Superintendent's rationale for |
2 | | nonrenewal of the license. |
3 | | (3) The State Educator Preparation and Licensure Board |
4 | | shall notify the licensee of its decision regarding license |
5 | | renewal by certified mail, return receipt requested, no |
6 | | later than 30 days after reaching a decision. Upon receipt |
7 | | of notification of renewal, the licensee, using ELIS, shall |
8 | | pay the applicable registration fee for the next cycle |
9 | | using a form of credit or debit card. |
10 | | (n) The State Board of Education may adopt rules as may be |
11 | | necessary to implement this Section. |
12 | | (Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15; |
13 | | 99-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; |
14 | | 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff. |
15 | | 7-1-18; 100-863, eff. 8-14-18.) |
16 | | (105 ILCS 5/21B-75) |
17 | | Sec. 21B-75. Suspension or revocation of license. |
18 | | (a) As used in this Section, "teacher" means any school |
19 | | district employee regularly required to be licensed, as |
20 | | provided in this Article, in order to teach or supervise in the |
21 | | public schools. |
22 | | (b) The State Superintendent of Education has the exclusive |
23 | | authority, in accordance with this Section and any rules |
24 | | adopted by the State Board of Education, in consultation with |
25 | | the State Educator Preparation and Licensure Board, to initiate |
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1 | | the suspension of up to 5 calendar years or revocation of any |
2 | | license issued pursuant to this Article for abuse or neglect of |
3 | | a child, immorality, a condition of health detrimental to the |
4 | | welfare of pupils, incompetency, unprofessional conduct (which |
5 | | includes the failure to disclose on an employment application |
6 | | any previous conviction for a sex offense, as defined in |
7 | | Section 21B-80 of this Code, or any other offense committed in |
8 | | any other state or against the laws of the United States that, |
9 | | if committed in this State, would be punishable as a sex |
10 | | offense, as defined in Section 21B-80 of this Code), the |
11 | | neglect of any professional duty, willful or negligent failure |
12 | | to report an instance of suspected child abuse or neglect as |
13 | | required by the Abused and Neglected Child Reporting Act, or |
14 | | other just cause. Negligent failure to report an instance of |
15 | | suspected child abuse or neglect occurs when a teacher |
16 | | personally observes an instance of suspected child abuse or |
17 | | neglect and reasonably believes, in his or her professional or |
18 | | official capacity, that the instance constitutes an act of |
19 | | child abuse or neglect under the Abused and Neglected Child |
20 | | Reporting Act, and he or she, without willful intent, fails to |
21 | | immediately report or cause a report to be made of the |
22 | | suspected abuse or neglect to the Department of Children and |
23 | | Family Services, as required by the Abused and Neglected Child |
24 | | Reporting Act. Unprofessional conduct shall include the |
25 | | refusal to attend or participate in institutes, teachers' |
26 | | meetings, or professional readings or to meet other reasonable |
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1 | | requirements of the regional superintendent of schools or State |
2 | | Superintendent of Education. Unprofessional conduct also |
3 | | includes conduct that violates the standards, ethics, or rules |
4 | | applicable to the security, administration, monitoring, or |
5 | | scoring of or the reporting of scores from any assessment test |
6 | | or examination administered under Section 2-3.64a-5 of this |
7 | | Code or that is known or intended to produce or report |
8 | | manipulated or artificial, rather than actual, assessment or |
9 | | achievement results or gains from the administration of those |
10 | | tests or examinations. Unprofessional conduct shall also |
11 | | include neglect or unnecessary delay in the making of |
12 | | statistical and other reports required by school officers. |
13 | | Incompetency shall include, without limitation, 2 or more |
14 | | school terms of service for which the license holder has |
15 | | received an unsatisfactory rating on a performance evaluation |
16 | | conducted pursuant to Article 24A of this Code within a period |
17 | | of 7 school terms of service. In determining whether to |
18 | | initiate action against one or more licenses based on |
19 | | incompetency and the recommended sanction for such action, the |
20 | | State Superintendent shall consider factors that include |
21 | | without limitation all of the following: |
22 | | (1) Whether the unsatisfactory evaluation ratings |
23 | | occurred prior to June 13, 2011 (the effective date of |
24 | | Public Act 97-8). |
25 | | (2) Whether the unsatisfactory evaluation ratings |
26 | | occurred prior to or after the implementation date, as |
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1 | | defined in Section 24A-2.5 of this Code, of an evaluation |
2 | | system for teachers in a school district. |
3 | | (3) Whether the evaluator or evaluators who performed |
4 | | an unsatisfactory evaluation met the pre-licensure and |
5 | | training requirements set forth in Section 24A-3 of this |
6 | | Code. |
7 | | (4) The time between the unsatisfactory evaluation |
8 | | ratings. |
9 | | (5) The quality of the remediation plans associated |
10 | | with the unsatisfactory evaluation ratings and whether the |
11 | | license holder successfully completed the remediation |
12 | | plans. |
13 | | (6) Whether the unsatisfactory evaluation ratings were |
14 | | related to the same or different assignments performed by |
15 | | the license holder. |
16 | | (7) Whether one or more of the unsatisfactory |
17 | | evaluation ratings occurred in the first year of a teaching |
18 | | or administrative assignment. |
19 | | When initiating an action against one or more licenses, the |
20 | | State Superintendent may seek required professional |
21 | | development as a sanction in lieu of or in addition to |
22 | | suspension or revocation. Any such required professional |
23 | | development must be at the expense of the license holder, who |
24 | | may use, if available and applicable to the requirements |
25 | | established by administrative or court order, training, |
26 | | coursework, or other professional development funds in |
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1 | | accordance with the terms of an applicable collective |
2 | | bargaining agreement entered into after June 13, 2011 (the |
3 | | effective date of Public Act 97-8), unless that agreement |
4 | | specifically precludes use of funds for such purpose. |
5 | | (c) The State Superintendent of Education shall, upon |
6 | | receipt of evidence of abuse or neglect of a child, immorality, |
7 | | a condition of health detrimental to the welfare of pupils, |
8 | | incompetency (subject to subsection (b) of this Section), |
9 | | unprofessional conduct, the neglect of any professional duty, |
10 | | or other just cause, further investigate and, if and as |
11 | | appropriate, serve written notice to the individual and afford |
12 | | the individual opportunity for a hearing prior to suspension, |
13 | | revocation, or other sanction; provided that the State |
14 | | Superintendent is under no obligation to initiate such an |
15 | | investigation if the Department of Children and Family Services |
16 | | is investigating the same or substantially similar allegations |
17 | | and its child protective service unit has not made its |
18 | | determination, as required under Section 7.12 of the Abused and |
19 | | Neglected Child Reporting Act. If the State Superintendent of |
20 | | Education does not receive from an individual a request for a |
21 | | hearing within 10 days after the individual receives notice, |
22 | | the suspension, revocation, or other sanction shall |
23 | | immediately take effect in accordance with the notice. If a |
24 | | hearing is requested within 10 days after notice of an |
25 | | opportunity for hearing, it shall act as a stay of proceedings |
26 | | until the State Educator Preparation and Licensure Board issues |
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1 | | a decision. Any hearing shall take place in the educational |
2 | | service region where the educator is or was last employed and |
3 | | in accordance with rules adopted by the State Board of |
4 | | Education, in consultation with the State Educator Preparation |
5 | | and Licensure Board, and such rules shall include without |
6 | | limitation provisions for discovery and the sharing of |
7 | | information between parties prior to the hearing. The standard |
8 | | of proof for any administrative hearing held pursuant to this |
9 | | Section shall be by the preponderance of the evidence. The |
10 | | decision of the State Educator Preparation and Licensure Board |
11 | | is a final administrative decision and is subject to judicial |
12 | | review by appeal of either party. |
13 | | The State Board of Education may refuse to issue or may |
14 | | suspend the license of any person who fails to file a return or |
15 | | to pay the tax, penalty, or interest shown in a filed return or |
16 | | to pay any final assessment of tax, penalty, or interest, as |
17 | | required by any tax Act administered by the Department of |
18 | | Revenue, until such time as the requirements of any such tax |
19 | | Act are satisfied. |
20 | | The exclusive authority of the State Superintendent of |
21 | | Education to initiate suspension or revocation of a license |
22 | | pursuant to this Section does not preclude a regional |
23 | | superintendent of schools from cooperating with the State |
24 | | Superintendent or a State's Attorney with respect to an |
25 | | investigation of alleged misconduct. |
26 | | (d) The State Superintendent of Education or his or her |
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1 | | designee may initiate and conduct such investigations as may be |
2 | | reasonably necessary to establish the existence of any alleged |
3 | | misconduct. At any stage of the investigation, the State |
4 | | Superintendent may issue a subpoena requiring the attendance |
5 | | and testimony of a witness, including the license holder, and |
6 | | the production of any evidence, including files, records, |
7 | | correspondence, or documents, relating to any matter in |
8 | | question in the investigation. The subpoena shall require a |
9 | | witness to appear at the State Board of Education at a |
10 | | specified date and time and shall specify any evidence to be |
11 | | produced. The license holder is not entitled to be present, but |
12 | | the State Superintendent shall provide the license holder with |
13 | | a copy of any recorded testimony prior to a hearing under this |
14 | | Section. Such recorded testimony must not be used as evidence |
15 | | at a hearing, unless the license holder has adequate notice of |
16 | | the testimony and the opportunity to cross-examine the witness. |
17 | | Failure of a license holder to comply with a duly issued, |
18 | | investigatory subpoena may be grounds for revocation, |
19 | | suspension, or denial of a license. |
20 | | (e) All correspondence, documentation, and other |
21 | | information so received by the regional superintendent of |
22 | | schools, the State Superintendent of Education, the State Board |
23 | | of Education, or the State Educator Preparation and Licensure |
24 | | Board under this Section is confidential and must not be |
25 | | disclosed to third parties, except (i) as necessary for the |
26 | | State Superintendent of Education or his or her designee to |
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1 | | investigate and prosecute pursuant to this Article, (ii) |
2 | | pursuant to a court order, (iii) for disclosure to the license |
3 | | holder or his or her representative, or (iv) as otherwise |
4 | | required in this Article and provided that any such information |
5 | | admitted into evidence in a hearing is exempt from this |
6 | | confidentiality and non-disclosure requirement. |
7 | | (f) The State Superintendent of Education or a person |
8 | | designated by him or her shall have the power to administer |
9 | | oaths to witnesses at any hearing conducted before the State |
10 | | Educator Preparation and Licensure Board pursuant to this |
11 | | Section. The State Superintendent of Education or a person |
12 | | designated by him or her is authorized to subpoena and bring |
13 | | before the State Educator Preparation and Licensure Board any |
14 | | person in this State and to take testimony either orally or by |
15 | | deposition or by exhibit, with the same fees and mileage and in |
16 | | the same manner as prescribed by law in judicial proceedings in |
17 | | civil cases in circuit courts of this State. |
18 | | (g) Any circuit court, upon the application of the State |
19 | | Superintendent of Education or the license holder, may, by |
20 | | order duly entered, require the attendance of witnesses and the |
21 | | production of relevant books and papers as part of any |
22 | | investigation or at any hearing the State Educator Preparation |
23 | | and Licensure Board is authorized to conduct pursuant to this |
24 | | Section, and the court may compel obedience to its orders by |
25 | | proceedings for contempt. |
26 | | (h) The State Board of Education shall receive an annual |
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1 | | line item appropriation to cover fees associated with the |
2 | | investigation and prosecution of alleged educator misconduct |
3 | | and hearings related thereto.
|
4 | | (Source: P.A. 100-872, eff. 8-14-18.) |
5 | | (105 ILCS 5/21B-80) |
6 | | Sec. 21B-80. Conviction of certain offenses as grounds for |
7 | | disqualification for licensure or suspension or revocation of a |
8 | | license. |
9 | | (a) As used in this Section: |
10 | | "Drug offense" means any one or more of the following |
11 | | offenses: |
12 | | (1) Any offense defined in the Cannabis Control Act, |
13 | | except those defined in subdivisions (a), (b), and (c) of |
14 | | Section 4 and subdivisions (a) and (b) of Section 5 of the |
15 | | Cannabis Control Act and any offense for which the holder |
16 | | of a license is placed on probation under the provisions of |
17 | | Section 10 of the Cannabis Control Act, provided that if |
18 | | the terms and conditions of probation required by the court |
19 | | are not fulfilled, the offense is not eligible for this |
20 | | exception. |
21 | | (2) Any offense defined in the Illinois Controlled |
22 | | Substances Act, except any offense for which the holder of |
23 | | a license is placed on probation under the provisions of |
24 | | Section 410 of the Illinois Controlled Substances Act, |
25 | | provided that if the terms and conditions of probation |
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1 | | required by the court are not fulfilled, the offense is not |
2 | | eligible for this exception. |
3 | | (3) Any offense defined in the Methamphetamine Control |
4 | | and Community Protection Act, except any offense for which |
5 | | the holder of a license is placed on probation under the |
6 | | provision of Section 70 of that Act, provided that if the |
7 | | terms and conditions of probation required by the court are |
8 | | not fulfilled, the offense is not eligible for this |
9 | | exception. |
10 | | (4) Any attempt to commit any of the offenses listed in |
11 | | items (1) through (3) of this definition. |
12 | | (5) Any offense committed or attempted in any other |
13 | | state or against the laws of the United States that, if |
14 | | committed or attempted in this State, would have been |
15 | | punishable as one or more of the offenses listed in items |
16 | | (1) through (4) of this definition. |
17 | | The changes made by Public Act 96-431 to this definition are |
18 | | declaratory of existing law. |
19 | | "Sentence" includes any period of supervised release |
20 | | supervision or probation that was imposed either alone or in |
21 | | combination with a period of incarceration. |
22 | | "Sex or other offense" means any one or more of the |
23 | | following offenses: |
24 | | (A) Any offense defined in Sections 11-6, 11-9 through |
25 | | 11-9.5, inclusive, and 11-30 (if punished as a Class 4 |
26 | | felony) of the Criminal Code of 1961 or the Criminal Code |
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1 | | of 2012; Sections 11-14.1 through 11-21, inclusive, of the |
2 | | Criminal Code of 1961 or the Criminal Code of 2012; |
3 | | Sections 11-23 (if punished as a Class 3 felony), 11-24, |
4 | | 11-25, and 11-26 of the Criminal Code of 1961 or the |
5 | | Criminal Code of 2012; Section 10-5.1, subsection (c) of |
6 | | Section 10-9, and Sections 11-6.6, 11-11, 12-3.05, 12-3.3, |
7 | | 12-6.4, 12-7.1, 12-34, 12-34.5, and 12-35 of the Criminal |
8 | | Code of 2012; and Sections 11-1.20, 11-1.30, 11-1.40, |
9 | | 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, |
10 | | 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished pursuant |
11 | | to subdivision (4) or (5) of subsection (d) of Section |
12 | | 26-4) of the Criminal Code of 1961 or the Criminal Code of |
13 | | 2012. |
14 | | (B) Any attempt to commit any of the offenses listed in |
15 | | item (A) of this definition. |
16 | | (C) Any offense committed or attempted in any other |
17 | | state that, if committed or attempted in this State, would |
18 | | have been punishable as one or more of the offenses listed |
19 | | in items (A) and (B) of this definition. |
20 | | (b) Whenever the holder of any license issued pursuant to |
21 | | this Article or applicant for a license to be issued pursuant |
22 | | to this Article has been convicted of any drug offense, other |
23 | | than as provided in subsection (c) of this Section, the State |
24 | | Superintendent of Education shall forthwith suspend the |
25 | | license or deny the application, whichever is applicable, until |
26 | | 7 years following the end of the sentence for the criminal |
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1 | | offense. If the conviction is reversed and the holder is |
2 | | acquitted of the offense in a new trial or the charges against |
3 | | him or her are dismissed, the State Superintendent of Education |
4 | | shall forthwith terminate the suspension of the license. |
5 | | (b-5) Whenever the holder of a license issued pursuant to |
6 | | this Article or applicant for a license to be issued pursuant |
7 | | to this Article has been charged with attempting to commit, |
8 | | conspiring to commit, soliciting, or committing any sex or |
9 | | other offense, as enumerated under item (A) of subsection (a), |
10 | | first degree murder, or a Class X felony or any offense |
11 | | committed or attempted in any other state or against the laws |
12 | | of the United States that, if committed or attempted in this |
13 | | State, would have been punishable as one or more of the |
14 | | foregoing offenses, the State Superintendent of Education |
15 | | shall immediately suspend the license or deny the application |
16 | | until the person's criminal charges are adjudicated through a |
17 | | court of competent jurisdiction. If the person is acquitted, |
18 | | his or her license or application shall be immediately |
19 | | reinstated. |
20 | | (c) Whenever the holder of a license issued pursuant to |
21 | | this Article or applicant for a license to be issued pursuant |
22 | | to this Article has been convicted of attempting to commit, |
23 | | conspiring to commit, soliciting, or committing any sex or |
24 | | other offense , as enumerated under item (A) of subsection (a) , |
25 | | first degree murder, or a Class X felony or any offense |
26 | | committed or attempted in any other state or against the laws |
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1 | | of the United States that, if committed or attempted in this |
2 | | State, would have been punishable as one or more of the |
3 | | foregoing offenses, the State Superintendent of Education |
4 | | shall forthwith suspend the license or deny the application, |
5 | | whichever is applicable. If the conviction is reversed and the |
6 | | holder is acquitted of that offense in a new trial or the |
7 | | charges that he or she committed that offense are dismissed, |
8 | | the State Superintendent of Education shall forthwith |
9 | | terminate the suspension of the license. When the conviction |
10 | | becomes final, the State Superintendent of Education shall |
11 | | forthwith revoke the license.
|
12 | | (Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.) |
13 | | (105 ILCS 5/22-85 new) |
14 | | Sec. 22-85. Sexual abuse at schools. |
15 | | (a) The General Assembly finds that: |
16 | | (1) investigation of a child regarding an incident of |
17 | | sexual abuse can induce significant trauma for the child; |
18 | | (2) it is desirable to prevent multiple interviews of a |
19 | | child at a school; and |
20 | | (3) it is important to recognize the role of Children's |
21 | | Advocacy Centers in conducting developmentally appropriate |
22 | | investigations. |
23 | | (b) In this Section: |
24 | | "Alleged incident of sexual abuse" is limited to an |
25 | | incident of sexual abuse of a child that is alleged to have |
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1 | | been perpetrated by school personnel, including a school vendor |
2 | | or volunteer, that occurred (i) on school grounds or during a |
3 | | school activity or (ii) outside of school grounds or not during |
4 | | a school activity. |
5 | | "Appropriate law enforcement agency" means a law |
6 | | enforcement agency whose employees have been involved, in some |
7 | | capacity, with an investigation of a particular alleged |
8 | | incident of sexual abuse. |
9 | | (c) If a mandated reporter within a school has knowledge of |
10 | | an alleged incident of sexual abuse, the reporter must call the |
11 | | Department of Children and Family Services' hotline |
12 | | established under Section 7.6 of the Abused and Neglected Child |
13 | | Reporting Act immediately after obtaining the minimal |
14 | | information necessary to make a report, including the names of |
15 | | the affected parties and the allegations. The State Board of |
16 | | Education must make available materials detailing the |
17 | | information that is necessary to enable notification to the |
18 | | Department of Children and Family Services of an alleged |
19 | | incident of sexual abuse. Each school must ensure that mandated |
20 | | reporters review the State Board of Education's materials and |
21 | | materials developed by the Department of Children and Family |
22 | | Services and distributed in the school building under Section 7 |
23 | | of the Abused and Neglected Child Reporting Act at least once |
24 | | annually. |
25 | | (d) For schools in a county with an accredited Children's |
26 | | Advocacy Center, every alleged incident of sexual abuse that is |
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1 | | reported to the Department of Children and Family Services' |
2 | | hotline or a law enforcement agency and is subsequently |
3 | | accepted for investigation must be referred by the entity that |
4 | | received the report to the local Children's Advocacy Center |
5 | | pursuant to that county's multidisciplinary team's protocol |
6 | | under the Children's Advocacy Center Act for investigating |
7 | | child sexual abuse allegations. |
8 | | (e) A county's local Children's Advocacy Center must, at a |
9 | | minimum, do both of the following regarding a referred case of |
10 | | an alleged incident of sexual abuse: |
11 | | (1) Coordinate the investigation of the alleged |
12 | | incident, as governed by the local Children's Advocacy |
13 | | Center's existing multidisciplinary team protocol and |
14 | | according to National Children's Alliance accreditation |
15 | | standards. |
16 | | (2) Facilitate communication between the |
17 | | multidisciplinary team investigating the alleged incident |
18 | | of sexual abuse and, if applicable, the referring school's |
19 | | (i) Title IX officer, or his or her designee, (ii) school |
20 | | resource officer, or (iii) personnel leading the school's |
21 | | investigation into the alleged incident of sexual abuse. If |
22 | | a school uses a designated entity to investigate a sexual |
23 | | abuse allegation, the multidisciplinary team may |
24 | | correspond only with that entity and any reference in this |
25 | | Section to "school" refers to that designated entity. This |
26 | | facilitation of communication must, at a minimum, ensure |
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1 | | that all applicable parties have each other's contact |
2 | | information and must share the county's local Children's |
3 | | Advocacy Center's protocol regarding the process of |
4 | | approving the viewing of a forensic interview, as defined |
5 | | under Section 2.5 of the Children's Advocacy Center Act, by |
6 | | school personnel and a contact person for questions |
7 | | relating to the protocol. |
8 | | (f) After an alleged incident of sexual abuse is accepted |
9 | | for investigation by the Department of Children and Family |
10 | | Services or a law enforcement agency and while the criminal and |
11 | | child abuse investigations related to that alleged incident are |
12 | | being conducted by the local multidisciplinary team, the school |
13 | | relevant to the alleged incident of sexual abuse must comply |
14 | | with both of the following: |
15 | | (1) It may not interview the alleged victim regarding |
16 | | details of the alleged incident of sexual abuse until after |
17 | | the completion of the forensic interview of that victim is |
18 | | conducted at a Children's Advocacy Center. This paragraph |
19 | | does not prohibit a school from requesting information from |
20 | | the alleged victim or his or her parent or guardian to |
21 | | ensure the safety and well-being of the alleged victim at |
22 | | school during an investigation. |
23 | | (2) If asked by a law enforcement agency or an |
24 | | investigator of the Department of Children and Family |
25 | | Services who is conducting the investigation, it must |
26 | | inform those individuals of any evidence the school has |
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1 | | gathered pertaining to an alleged incident of sexual abuse, |
2 | | as permissible by federal or State law. |
3 | | (g) After completion of a forensic interview, the |
4 | | multidisciplinary team must notify the school relevant to the |
5 | | alleged incident of sexual abuse of its completion. If, for any |
6 | | reason, a multidisciplinary team determines it will not conduct |
7 | | a forensic interview in a specific investigation, the |
8 | | multidisciplinary team must notify the school as soon as the |
9 | | determination is made. If a forensic interview has not been |
10 | | conducted within 15 calendar days after opening an |
11 | | investigation, the school may notify the multidisciplinary |
12 | | team that it intends to interview the alleged victim. No later |
13 | | than 10 calendar days after this notification, the |
14 | | multidisciplinary team may conduct the forensic interview and, |
15 | | if the multidisciplinary does not conduct the interview, the |
16 | | school may proceed with its interview. |
17 | | (h) To the greatest extent possible considering student |
18 | | safety and Title IX compliance, school personnel may view the |
19 | | electronic recordings of a forensic interview of an alleged |
20 | | victim of an incident of sexual abuse. As a means to avoid |
21 | | additional interviews of an alleged victim, school personnel |
22 | | must be granted viewing access to the electronic recording of a |
23 | | forensic interview conducted at an accredited Children's |
24 | | Advocacy Center for an alleged incident of sexual abuse only if |
25 | | the school receives (i) approval from the multidisciplinary |
26 | | team investigating the case and (ii) informed consent by a |
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1 | | child over the age of 13 or the child's parent or guardian. |
2 | | Each county's local Children's Advocacy Center and |
3 | | multidisciplinary team must establish an internal protocol |
4 | | regarding the process of approving the viewing of the forensic |
5 | | interview, and this process and the contact person must be |
6 | | shared with the school contact at the time of the initial |
7 | | facilitation. Whenever possible, the school's viewing of the |
8 | | electronic recording of a forensic interview should be |
9 | | conducted in lieu of the need for additional interviews. |
10 | | (i) For an alleged incident of sexual abuse that has been |
11 | | accepted for investigation by a multidisciplinary team, if, |
12 | | during the course of its internal investigation and at any |
13 | | point during or after the multidisciplinary team's |
14 | | investigation, the school determines that it needs to interview |
15 | | the alleged victim to successfully complete its investigation |
16 | | and the victim is under 18 years of age, a child advocate must |
17 | | be made available to the student and may be present during the |
18 | | school's interview. A child advocate may be a school social |
19 | | worker, a school or equally qualified psychologist, or a person |
20 | | in a position the State Board of Education has identified as an |
21 | | appropriate advocate for the student during a school's |
22 | | investigation into an alleged incident of sexual abuse. |
23 | | (j) The Department of Children and Family Services must |
24 | | notify the relevant school when an agency investigation of an |
25 | | alleged incident of sexual abuse is complete. The notification |
26 | | must include information on the outcome of that investigation. |
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1 | | (k) The appropriate law enforcement agency must notify the |
2 | | relevant school when an agency investigation of an alleged |
3 | | incident of sexual abuse is complete or has been suspended. The |
4 | | notification must include information on the outcome of that |
5 | | investigation. |
6 | | (l) This Section applies to all schools operating under |
7 | | this Code, including, but not limited to, public schools |
8 | | located in cities having a population of more than 500,000, a |
9 | | school operated pursuant to an agreement with a public school |
10 | | district, alternative schools operated by third parties, an |
11 | | alternative learning opportunities program, a public school |
12 | | administered by a local public agency or the Department of |
13 | | Human Services, charter schools operating under the authority |
14 | | of Article 27A, and non-public schools recognized by the State |
15 | | Board of Education. |
16 | | (105 ILCS 5/22-86 new) |
17 | | Sec. 22-86. Make Sexual and Severe Physical Abuse Fully |
18 | | Extinct (Make S.A.F.E.) Task Force. |
19 | | (a) The General Assembly finds that the most precious |
20 | | resource in this State is our children. The General Assembly |
21 | | also finds that the protection of children from sexual abuse |
22 | | and exploitation is at the core of the duties and fundamental |
23 | | responsibilities of the General Assembly and is of the utmost |
24 | | importance. |
25 | | (b) The Make Sexual and Severe Physical Abuse Fully Extinct |
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1 | | (Make S.A.F.E.) Task Force is created to address issues |
2 | | concerning the sexual abuse of students in school-related |
3 | | settings. The Task Force shall consist of all of the following |
4 | | members, who must be appointed no later than 60 days after the |
5 | | effective date of this amendatory Act of the 101st General |
6 | | Assembly: |
7 | | (1) One representative appointed by the Speaker of the |
8 | | House of Representatives. |
9 | | (2) One representative appointed by the Minority |
10 | | Leader of the House of Representatives. |
11 | | (3) One senator appointed by the President of the |
12 | | Senate. |
13 | | (4) One senator appointed by the Minority Leader of the |
14 | | Senate. |
15 | | (5) One member who represents the Children's Advocacy |
16 | | Centers of Illinois appointed by the State Superintendent |
17 | | of Education. |
18 | | (6) The Executive Director of an urban, accredited |
19 | | Children's Advocacy Center appointed by the State |
20 | | Superintendent of Education. |
21 | | (7) The Executive Director of a suburban, accredited |
22 | | Children's Advocacy Center appointed by the State |
23 | | Superintendent of Education. |
24 | | (8) The Executive Director of a rural, accredited |
25 | | Children's Advocacy Center appointed by the State |
26 | | Superintendent of Education. |
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1 | | (9) One representative of the State Board of Education |
2 | | appointed by the State Superintendent of Education. |
3 | | (10) One member representing a State's Attorney's |
4 | | office appointed by the State Superintendent of Education. |
5 | | (11) One member representing a statewide organization |
6 | | that unites the services and resources of rape crisis |
7 | | centers, alleviates the suffering of sexual assault |
8 | | survivors, and helps build communities appointed by the |
9 | | State Superintendent of Education. |
10 | | (12) One member representing the Department of State |
11 | | Police appointed by the State Superintendent of Education. |
12 | | (13) One member representing the Department of |
13 | | Children and Family Services appointed by the State |
14 | | Superintendent of Education. |
15 | | (14) One member representing the Office of the Attorney |
16 | | General appointed by the State Superintendent of |
17 | | Education. |
18 | | (15) One member representing a statewide organization |
19 | | representing suburban school districts appointed by the |
20 | | State Superintendent of Education. |
21 | | (16) One member representing a statewide professional |
22 | | teachers' organization appointed by the State |
23 | | Superintendent of Education. |
24 | | (17) One member representing a different statewide |
25 | | professional teachers' organization appointed by the State |
26 | | Superintendent of Education. |
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1 | | (18) One member representing a professional teachers' |
2 | | organization in a city having a population of over 500,000 |
3 | | appointed by the State Superintendent of Education. |
4 | | (19) One member representing a school district |
5 | | organized under Article 34 appointed by the State |
6 | | Superintendent of Education. |
7 | | (20) One member representing the investigating body of |
8 | | a school district organized under Article 34 appointed by |
9 | | the State Superintendent of Education. |
10 | | (21) One member representing a statewide organization |
11 | | that represents social workers appointed by the State |
12 | | Superintendent of Education. |
13 | | (22) One member representing a charter schools' |
14 | | organization in this State appointed by the State |
15 | | Superintendent of Education. |
16 | | (23) One member representing a statewide organization |
17 | | that represents principals appointed by the State |
18 | | Superintendent of Education. |
19 | | (24) One member representing a statewide organization |
20 | | that represents superintendents appointed by the State |
21 | | Superintendent of Education. |
22 | | (25) One member representing a statewide organization |
23 | | that represents school boards appointed by the State |
24 | | Superintendent of Education. |
25 | | (c) The Task Force shall first meet at the call of the |
26 | | State Superintendent of Education, and each subsequent meeting |
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1 | | shall be at the call of the Chairperson, who shall be |
2 | | designated by the State Superintendent of Education. The State |
3 | | Board of Education shall provide administrative and other |
4 | | support to the Task Force. Members of the Task Force shall |
5 | | serve without compensation. |
6 | | (d) The Task Force shall review the best practices for |
7 | | preventing the sexual abuse of students in a school-related |
8 | | setting or by school-related perpetrators, including school |
9 | | district employees or other students, how to best address that |
10 | | abuse, and the proper support for students who have suffered |
11 | | from that abuse. The review shall examine the best practices at |
12 | | all schools maintaining prekindergarten through grade 12, |
13 | | regardless of whether the school is a public school, nonpublic |
14 | | school, or charter school. On or before September 15, 2020, the |
15 | | Task Force must report the findings of its review to the |
16 | | Governor and the General Assembly, which must, at a minimum, |
17 | | include all of the following topics: |
18 | | (1) The best practices for preventing sexual and severe |
19 | | physical abuse in school-related settings or by |
20 | | school-related perpetrators, including, but not limited |
21 | | to, criminal history records checks for school district |
22 | | employees, the employment status of a school employee |
23 | | accused of sexual abuse of a student, and procedural |
24 | | safeguards for personnel who regularly interact with |
25 | | children as part of school or school activities, even if |
26 | | the personnel are not officially employed by a school |
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1 | | district. |
2 | | (2) The best practices for addressing sexual and severe |
3 | | physical abuse in a school-related setting or by |
4 | | school-related perpetrators, including, but not limited |
5 | | to, the nature and amount of forensic interviews and |
6 | | forensic interview information sharing, school cooperation |
7 | | with multidisciplinary teams under the Children's Advocacy |
8 | | Center Act, and model school policies. |
9 | | (3) The best practices for support for students who |
10 | | have suffered sexual or severe physical abuse in a |
11 | | school-related setting or by a school-related perpetrator, |
12 | | including, but not limited to, emotional, psychological, |
13 | | and academic support. |
14 | | (4) Any other topic the Task Force deems necessary to |
15 | | advance the safety or well-being of students in relation to |
16 | | sexual and severe physical abuse stemming from a |
17 | | school-related setting or school-related perpetrator. |
18 | | The Task Force is dissolved upon submission of the report |
19 | | under this subsection. |
20 | | (e) This Section is repealed on March 15, 2021.
|
21 | | (105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
|
22 | | Sec. 24-12. Removal or dismissal of teachers in contractual
|
23 | | continued service. |
24 | | (a) This subsection (a) applies only to honorable |
25 | | dismissals and recalls in which the notice of dismissal is |
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1 | | provided on or before the end of the 2010-2011 school term. If |
2 | | a teacher in contractual continued service is
removed or |
3 | | dismissed as a result of a decision of the board to decrease
|
4 | | the number of teachers employed by the board or to discontinue |
5 | | some
particular type of teaching service, written notice shall |
6 | | be mailed to the
teacher and also given the
teacher either by |
7 | | certified mail, return receipt requested or
personal delivery |
8 | | with receipt at least 60
days before
the end of the school |
9 | | term, together with a statement of honorable
dismissal and the |
10 | | reason therefor, and in all such cases the board shall
first |
11 | | remove or dismiss all teachers who have not entered upon |
12 | | contractual
continued service before removing or dismissing |
13 | | any teacher who has entered
upon contractual continued service |
14 | | and who is legally qualified to hold a
position currently held |
15 | | by a teacher who has not entered upon contractual
continued |
16 | | service. |
17 | | As between teachers who have entered upon contractual
|
18 | | continued service, the teacher or teachers with the shorter |
19 | | length of
continuing service with the district shall be |
20 | | dismissed first
unless an alternative method of determining the |
21 | | sequence of dismissal is
established in a collective bargaining |
22 | | agreement or contract between the
board and a professional |
23 | | faculty members' organization and except that
this provision |
24 | | shall not impair the operation of any affirmative action
|
25 | | program in the district, regardless of whether it exists by |
26 | | operation of
law or is conducted on a voluntary basis by the |
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1 | | board. Any teacher
dismissed as a result of such decrease or |
2 | | discontinuance shall be paid
all earned compensation on or |
3 | | before the third business day following
the last day of pupil |
4 | | attendance in the regular school term. |
5 | | If the
board has any vacancies for the following school |
6 | | term or within one
calendar year from the beginning of the |
7 | | following school term, the
positions thereby becoming |
8 | | available shall be tendered to the teachers
so removed or |
9 | | dismissed so far as they are legally qualified to hold
such |
10 | | positions; provided, however, that if the number of honorable
|
11 | | dismissal notices based on economic necessity exceeds 15% of |
12 | | the number of full-time
full time equivalent positions filled |
13 | | by certified employees (excluding
principals and |
14 | | administrative personnel) during the preceding school year,
|
15 | | then if the board has any vacancies for the following school |
16 | | term or within
2 calendar years from the beginning of the |
17 | | following
school term, the positions so becoming available |
18 | | shall be tendered to the
teachers who were so notified and |
19 | | removed or dismissed whenever they are
legally qualified to |
20 | | hold such positions. Each board shall, in consultation
with any |
21 | | exclusive employee representatives, each year establish a |
22 | | list,
categorized by positions, showing the length of |
23 | | continuing service of each
teacher who is qualified to hold any |
24 | | such positions, unless an alternative
method of determining a |
25 | | sequence of dismissal is established as provided
for in this |
26 | | Section, in which case a list shall be made in accordance with
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1 | | the alternative method. Copies of the list shall be distributed |
2 | | to the
exclusive employee representative on or before February |
3 | | 1 of each year.
Whenever the number of honorable dismissal |
4 | | notices based upon economic
necessity exceeds 5, or 150% of the |
5 | | average number of teachers honorably
dismissed in the preceding |
6 | | 3 years, whichever is more, then the board also
shall hold a |
7 | | public hearing on the question of the dismissals. Following
the |
8 | | hearing and board review , the action to approve any such |
9 | | reduction shall
require a majority vote of the board members.
|
10 | | (b) This subsection (b) applies only to honorable |
11 | | dismissals and recalls in which the notice of dismissal is |
12 | | provided during the 2011-2012 school term or a subsequent |
13 | | school term. If any teacher, whether or not in contractual |
14 | | continued service, is removed or dismissed as a result of a |
15 | | decision of a school board to decrease the number of teachers |
16 | | employed by the board, a decision of a school board to |
17 | | discontinue some particular type of teaching service, or a |
18 | | reduction in the number of programs or positions in a special |
19 | | education joint agreement, then written notice must be mailed |
20 | | to the teacher and also given to the teacher either by |
21 | | certified mail, return receipt requested, or personal delivery |
22 | | with receipt at least 45 days before the end of the school |
23 | | term, together with a statement of honorable dismissal and the |
24 | | reason therefor, and in all such cases the sequence of |
25 | | dismissal shall occur in accordance with this subsection (b); |
26 | | except that this subsection (b) shall not impair the operation |
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1 | | of any affirmative action program in the school district, |
2 | | regardless of whether it exists by operation of law or is |
3 | | conducted on a voluntary basis by the board. |
4 | | Each teacher must be categorized into one or more positions |
5 | | for which the teacher is qualified to hold, based upon legal |
6 | | qualifications and any other qualifications established in a |
7 | | district or joint agreement job description, on or before the |
8 | | May 10 prior to the school year during which the sequence of |
9 | | dismissal is determined. Within each position and subject to |
10 | | agreements made by the joint committee on honorable dismissals |
11 | | that are authorized by subsection (c) of this Section, the |
12 | | school district or joint agreement must establish 4 groupings |
13 | | of teachers qualified to hold the position as follows: |
14 | | (1) Grouping one shall consist of each teacher who is |
15 | | not in contractual continued service and who (i) has not |
16 | | received a performance evaluation rating, (ii) is employed |
17 | | for one school term or less to replace a teacher on leave, |
18 | | or (iii) is employed on a part-time basis. "Part-time |
19 | | basis" for the purposes of this subsection (b) means a |
20 | | teacher who is employed to teach less than a full-day, |
21 | | teacher workload or less than 5 days of the normal student |
22 | | attendance week, unless otherwise provided for in a |
23 | | collective bargaining agreement between the district and |
24 | | the exclusive representative of the district's teachers. |
25 | | For the purposes of this Section, a teacher (A) who is |
26 | | employed as a full-time teacher but who actually teaches or |
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1 | | is otherwise present and participating in the district's |
2 | | educational program for less than a school term or (B) who, |
3 | | in the immediately previous school term, was employed on a |
4 | | full-time basis and actually taught or was otherwise |
5 | | present and participated in the district's educational |
6 | | program for 120 days or more is not considered employed on |
7 | | a part-time basis. |
8 | | (2) Grouping 2 shall consist of each teacher with a |
9 | | Needs Improvement or Unsatisfactory performance evaluation |
10 | | rating on either of the teacher's last 2 performance |
11 | | evaluation ratings. |
12 | | (3) Grouping 3 shall consist of each teacher with a |
13 | | performance evaluation rating of at least Satisfactory or |
14 | | Proficient on both of the teacher's last 2 performance |
15 | | evaluation ratings, if 2 ratings are available, or on the |
16 | | teacher's last performance evaluation rating, if only one |
17 | | rating is available, unless the teacher qualifies for |
18 | | placement into grouping 4. |
19 | | (4) Grouping 4 shall consist of each teacher whose last |
20 | | 2 performance evaluation ratings are Excellent and each |
21 | | teacher with 2 Excellent performance evaluation ratings |
22 | | out of the teacher's last 3 performance evaluation ratings |
23 | | with a third rating of Satisfactory or Proficient. |
24 | | Among teachers qualified to hold a position, teachers must |
25 | | be dismissed in the order of their groupings, with teachers in |
26 | | grouping one dismissed first and teachers in grouping 4 |
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1 | | dismissed last. |
2 | | Within grouping one, the sequence of dismissal must be at |
3 | | the discretion of the school district or joint agreement. |
4 | | Within grouping 2, the sequence of dismissal must be based upon |
5 | | average performance evaluation ratings, with the teacher or |
6 | | teachers with the lowest average performance evaluation rating |
7 | | dismissed first. A teacher's average performance evaluation |
8 | | rating must be calculated using the average of the teacher's |
9 | | last 2 performance evaluation ratings, if 2 ratings are |
10 | | available, or the teacher's last performance evaluation |
11 | | rating, if only one rating is available, using the following |
12 | | numerical values: 4 for Excellent; 3 for Proficient or |
13 | | Satisfactory; 2 for Needs Improvement; and 1 for |
14 | | Unsatisfactory. As between or among teachers in grouping 2 with |
15 | | the same average performance evaluation rating and within each |
16 | | of groupings 3 and 4, the teacher or teachers with the shorter |
17 | | length of continuing service with the school district or joint |
18 | | agreement must be dismissed first unless an alternative method |
19 | | of determining the sequence of dismissal is established in a |
20 | | collective bargaining agreement or contract between the board |
21 | | and a professional faculty members' organization. |
22 | | Each board, including the governing board of a joint |
23 | | agreement, shall, in consultation with any exclusive employee |
24 | | representatives, each year establish a sequence of honorable |
25 | | dismissal list categorized by positions and the groupings |
26 | | defined in this subsection (b). Copies of the list showing each |
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1 | | teacher by name and categorized by positions and the groupings |
2 | | defined in this subsection (b) must be distributed to the |
3 | | exclusive bargaining representative at least 75 days before the |
4 | | end of the school term, provided that the school district or |
5 | | joint agreement may, with notice to any exclusive employee |
6 | | representatives, move teachers from grouping one into another |
7 | | grouping during the period of time from 75 days until 45 days |
8 | | before the end of the school term. Each year, each board shall |
9 | | also establish, in consultation with any exclusive employee |
10 | | representatives, a list showing the length of continuing |
11 | | service of each teacher who is qualified to hold any such |
12 | | positions, unless an alternative method of determining a |
13 | | sequence of dismissal is established as provided for in this |
14 | | Section, in which case a list must be made in accordance with |
15 | | the alternative method. Copies of the list must be distributed |
16 | | to the exclusive employee representative at least 75 days |
17 | | before the end of the school term. |
18 | | Any teacher dismissed as a result of such decrease or |
19 | | discontinuance must be paid all earned compensation on or |
20 | | before the third business day following the last day of pupil |
21 | | attendance in the regular school term. |
22 | | If the board or joint agreement has any vacancies for the |
23 | | following school term or within one calendar year from the |
24 | | beginning of the following school term, the positions thereby |
25 | | becoming available must be tendered to the teachers so removed |
26 | | or dismissed who were in groupings 3 or 4 of the sequence of |
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1 | | dismissal and are qualified to hold the positions, based upon |
2 | | legal qualifications and any other qualifications established |
3 | | in a district or joint agreement job description, on or before |
4 | | the May 10 prior to the date of the positions becoming |
5 | | available, provided that if the number of honorable dismissal |
6 | | notices based on economic necessity exceeds 15% of the number |
7 | | of full-time equivalent positions filled by certified |
8 | | employees (excluding principals and administrative personnel) |
9 | | during the preceding school year, then the recall period is for |
10 | | the following school term or within 2 calendar years from the |
11 | | beginning of the following school term. If the board or joint |
12 | | agreement has any vacancies within the period from the |
13 | | beginning of the following school term through February 1 of |
14 | | the following school term (unless a date later than February 1, |
15 | | but no later than 6 months from the beginning of the following |
16 | | school term, is established in a collective bargaining |
17 | | agreement), the positions thereby becoming available must be |
18 | | tendered to the teachers so removed or dismissed who were in |
19 | | grouping 2 of the sequence of dismissal due to one "needs |
20 | | improvement" rating on either of the teacher's last 2 |
21 | | performance evaluation ratings, provided that, if 2 ratings are |
22 | | available, the other performance evaluation rating used for |
23 | | grouping purposes is "satisfactory", "proficient", or |
24 | | "excellent", and are qualified to hold the positions, based |
25 | | upon legal qualifications and any other qualifications |
26 | | established in a district or joint agreement job description, |
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1 | | on or before the May 10 prior to the date of the positions |
2 | | becoming available. On and after July 1, 2014 ( the effective |
3 | | date of Public Act 98-648) this amendatory Act of the 98th |
4 | | General Assembly , the preceding sentence shall apply to |
5 | | teachers removed or dismissed by honorable dismissal, even if |
6 | | notice of honorable dismissal occurred during the 2013-2014 |
7 | | school year. Among teachers eligible for recall pursuant to the |
8 | | preceding sentence, the order of recall must be in inverse |
9 | | order of dismissal, unless an alternative order of recall is |
10 | | established in a collective bargaining agreement or contract |
11 | | between the board and a professional faculty members' |
12 | | organization. Whenever the number of honorable dismissal |
13 | | notices based upon economic necessity exceeds 5 notices or 150% |
14 | | of the average number of teachers honorably dismissed in the |
15 | | preceding 3 years, whichever is more, then the school board or |
16 | | governing board of a joint agreement, as applicable, shall also |
17 | | hold a public hearing on the question of the dismissals. |
18 | | Following the hearing and board review, the action to approve |
19 | | any such reduction shall require a majority vote of the board |
20 | | members. |
21 | | For purposes of this subsection (b), subject to agreement |
22 | | on an alternative definition reached by the joint committee |
23 | | described in subsection (c) of this Section, a teacher's |
24 | | performance evaluation rating means the overall performance |
25 | | evaluation rating resulting from an annual or biennial |
26 | | performance evaluation conducted pursuant to Article 24A of |
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1 | | this Code by the school district or joint agreement determining |
2 | | the sequence of dismissal, not including any performance |
3 | | evaluation conducted during or at the end of a remediation |
4 | | period. No more than one evaluation rating each school term |
5 | | shall be one of the evaluation ratings used for the purpose of |
6 | | determining the sequence of dismissal. Except as otherwise |
7 | | provided in this subsection for any performance evaluations |
8 | | conducted during or at the end of a remediation period, if |
9 | | multiple performance evaluations are conducted in a school |
10 | | term, only the rating from the last evaluation conducted prior |
11 | | to establishing the sequence of honorable dismissal list in |
12 | | such school term shall be the one evaluation rating from that |
13 | | school term used for the purpose of determining the sequence of |
14 | | dismissal. Averaging ratings from multiple evaluations is not |
15 | | permitted unless otherwise agreed to in a collective bargaining |
16 | | agreement or contract between the board and a professional |
17 | | faculty members' organization. The preceding 3 sentences are |
18 | | not a legislative declaration that existing law does or does |
19 | | not already require that only one performance evaluation each |
20 | | school term shall be used for the purpose of determining the |
21 | | sequence of dismissal. For performance evaluation ratings |
22 | | determined prior to September 1, 2012, any school district or |
23 | | joint agreement with a performance evaluation rating system |
24 | | that does not use either of the rating category systems |
25 | | specified in subsection (d) of Section 24A-5 of this Code for |
26 | | all teachers must establish a basis for assigning each teacher |
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1 | | a rating that complies with subsection (d) of Section 24A-5 of |
2 | | this Code for all of the performance evaluation ratings that |
3 | | are to be used to determine the sequence of dismissal. A |
4 | | teacher's grouping and ranking on a sequence of honorable |
5 | | dismissal shall be deemed a part of the teacher's performance |
6 | | evaluation, and that information shall be disclosed to the |
7 | | exclusive bargaining representative as part of a sequence of |
8 | | honorable dismissal list, notwithstanding any laws prohibiting |
9 | | disclosure of such information. A performance evaluation |
10 | | rating may be used to determine the sequence of dismissal, |
11 | | notwithstanding the pendency of any grievance resolution or |
12 | | arbitration procedures relating to the performance evaluation. |
13 | | If a teacher has received at least one performance evaluation |
14 | | rating conducted by the school district or joint agreement |
15 | | determining the sequence of dismissal and a subsequent |
16 | | performance evaluation is not conducted in any school year in |
17 | | which such evaluation is required to be conducted under Section |
18 | | 24A-5 of this Code, the teacher's performance evaluation rating |
19 | | for that school year for purposes of determining the sequence |
20 | | of dismissal is deemed Proficient. If a performance evaluation |
21 | | rating is nullified as the result of an arbitration, |
22 | | administrative agency, or court determination, then the school |
23 | | district or joint agreement is deemed to have conducted a |
24 | | performance evaluation for that school year, but the |
25 | | performance evaluation rating may not be used in determining |
26 | | the sequence of dismissal. |
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1 | | Nothing in this subsection (b) shall be construed as |
2 | | limiting the right of a school board or governing board of a |
3 | | joint agreement to dismiss a teacher not in contractual |
4 | | continued service in accordance with Section 24-11 of this |
5 | | Code. |
6 | | Any provisions regarding the sequence of honorable |
7 | | dismissals and recall of honorably dismissed teachers in a |
8 | | collective bargaining agreement entered into on or before |
9 | | January 1, 2011 and in effect on June 13, 2011 ( the effective |
10 | | date of Public Act 97-8) this amendatory Act of the 97th |
11 | | General Assembly that may conflict with Public Act 97-8 this |
12 | | amendatory Act of the 97th General Assembly shall remain in |
13 | | effect through the expiration of such agreement or June 30, |
14 | | 2013, whichever is earlier. |
15 | | (c) Each school district and special education joint |
16 | | agreement must use a joint committee composed of equal |
17 | | representation selected by the school board and its teachers |
18 | | or, if applicable, the exclusive bargaining representative of |
19 | | its teachers, to address the matters described in paragraphs |
20 | | (1) through (5) of this subsection (c) pertaining to honorable |
21 | | dismissals under subsection (b) of this Section. |
22 | | (1) The joint committee must consider and may agree to |
23 | | criteria for excluding from grouping 2 and placing into |
24 | | grouping 3 a teacher whose last 2 performance evaluations |
25 | | include a Needs Improvement and either a Proficient or |
26 | | Excellent. |
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1 | | (2) The joint committee must consider and may agree to |
2 | | an alternative definition for grouping 4, which definition |
3 | | must take into account prior performance evaluation |
4 | | ratings and may take into account other factors that relate |
5 | | to the school district's or program's educational |
6 | | objectives. An alternative definition for grouping 4 may |
7 | | not permit the inclusion of a teacher in the grouping with |
8 | | a Needs Improvement or Unsatisfactory performance |
9 | | evaluation rating on either of the teacher's last 2 |
10 | | performance evaluation ratings. |
11 | | (3) The joint committee may agree to including within |
12 | | the definition of a performance evaluation rating a |
13 | | performance evaluation rating administered by a school |
14 | | district or joint agreement other than the school district |
15 | | or joint agreement determining the sequence of dismissal. |
16 | | (4) For each school district or joint agreement that |
17 | | administers performance evaluation ratings that are |
18 | | inconsistent with either of the rating category systems |
19 | | specified in subsection (d) of Section 24A-5 of this Code, |
20 | | the school district or joint agreement must consult with |
21 | | the joint committee on the basis for assigning a rating |
22 | | that complies with subsection (d) of Section 24A-5 of this |
23 | | Code to each performance evaluation rating that will be |
24 | | used in a sequence of dismissal. |
25 | | (5) Upon request by a joint committee member submitted |
26 | | to the employing board by no later than 10 days after the |
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1 | | distribution of the sequence of honorable dismissal list, a |
2 | | representative of the employing board shall, within 5 days |
3 | | after the request, provide to members of the joint |
4 | | committee a list showing the most recent and prior |
5 | | performance evaluation ratings of each teacher identified |
6 | | only by length of continuing service in the district or |
7 | | joint agreement and not by name. If, after review of this |
8 | | list, a member of the joint committee has a good faith |
9 | | belief that a disproportionate number of teachers with |
10 | | greater length of continuing service with the district or |
11 | | joint agreement have received a recent performance |
12 | | evaluation rating lower than the prior rating, the member |
13 | | may request that the joint committee review the list to |
14 | | assess whether such a trend may exist. Following the joint |
15 | | committee's review, but by no later than the end of the |
16 | | applicable school term, the joint committee or any member |
17 | | or members of the joint committee may submit a report of |
18 | | the review to the employing board and exclusive bargaining |
19 | | representative, if any. Nothing in this paragraph (5) shall |
20 | | impact the order of honorable dismissal or a school |
21 | | district's or joint agreement's authority to carry out a |
22 | | dismissal in accordance with subsection (b) of this |
23 | | Section. |
24 | | Agreement by the joint committee as to a matter requires |
25 | | the majority vote of all committee members, and if the joint |
26 | | committee does not reach agreement on a matter, then the |
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1 | | otherwise applicable requirements of subsection (b) of this |
2 | | Section shall apply. Except as explicitly set forth in this |
3 | | subsection (c), a joint committee has no authority to agree to |
4 | | any further modifications to the requirements for honorable |
5 | | dismissals set forth in subsection (b) of this Section.
The |
6 | | joint committee must be established, and the first meeting of |
7 | | the joint committee each school year must occur on or before |
8 | | December 1. |
9 | | The joint committee must reach agreement on a matter on or |
10 | | before February 1 of a school year in order for the agreement |
11 | | of the joint committee to apply to the sequence of dismissal |
12 | | determined during that school year. Subject to the February 1 |
13 | | deadline for agreements, the agreement of a joint committee on |
14 | | a matter shall apply to the sequence of dismissal until the |
15 | | agreement is amended or terminated by the joint committee. |
16 | | The provisions of the Open Meetings Act shall not apply to |
17 | | meetings of a joint committee created under this subsection |
18 | | (c). |
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 |
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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 |
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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 |
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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 |
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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
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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 |
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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 |
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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 |
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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. 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 |
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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 sexual abuse or |
8 | | severe physical abuse of a student or a person under the |
9 | | age of 18, the hearing officer shall make alternative |
10 | | hearing procedures to protect a witness who is a student or |
11 | | who is under the age of 18 from being intimidated or |
12 | | traumatized. Alternative hearing procedures may include, |
13 | | but are not limited to: (i) testimony made via a |
14 | | telecommunication device in a location other than the |
15 | | hearing room and outside the physical presence of the |
16 | | teacher and other hearing participants, (ii) testimony |
17 | | outside the physical presence of the teacher, or (iii) |
18 | | non-public testimony. During a testimony described under |
19 | | this subsection, each party must be permitted to ask a |
20 | | witness who is a student or who is under 18 years of age |
21 | | all relevant questions and follow-up questions. All |
22 | | questions must exclude evidence of the witness' sexual |
23 | | behavior or predisposition, unless the evidence is offered |
24 | | to prove that someone other than the teacher subject to the |
25 | | dismissal hearing engaged in the charge at issue. |
26 | | (7) The hearing officer shall, within 30 days from the |
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1 | | conclusion of the
hearing or closure of the record, |
2 | | whichever is later,
make a decision as to whether or not |
3 | | the teacher shall be dismissed pursuant to Article 24A of |
4 | | this Code or report to the school board findings of fact |
5 | | and a recommendation as to whether or not the teacher shall |
6 | | be dismissed for cause and
shall give a copy of the |
7 | | decision or findings of fact and recommendation to both the |
8 | | teacher and the school
board.
If a hearing officer fails
|
9 | | without good cause, specifically provided in writing to |
10 | | both parties and the State Board of Education, to render a |
11 | | decision or findings of fact and recommendation within 30 |
12 | | days after the hearing is
concluded or the
record is |
13 | | closed, whichever is later,
the
parties may mutually agree |
14 | | to select a hearing officer pursuant to the
alternative
|
15 | | procedure, as provided in this Section,
to rehear the |
16 | | charges heard by the hearing officer who failed to render a
|
17 | | decision or findings of fact and recommendation or to |
18 | | review the record and render a decision.
If any hearing
|
19 | | officer fails without good cause, specifically provided in |
20 | | writing to both parties and the State Board of Education, |
21 | | to render a decision or findings of fact and recommendation |
22 | | within 30 days after the
hearing is concluded or the record |
23 | | is closed, whichever is later, the hearing
officer shall be |
24 | | removed
from the master
list of hearing officers maintained |
25 | | by the State Board of Education for not more than 24 |
26 | | months. The parties and the State Board of Education may |
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1 | | also take such other actions as it deems appropriate, |
2 | | including recovering, reducing, or withholding any fees |
3 | | paid or to be paid to the hearing officer. If any hearing |
4 | | officer repeats such failure, he or she must be permanently |
5 | | removed from the master list maintained by the State Board |
6 | | of Education and may not be selected by parties through the |
7 | | alternative selection process under this paragraph (7) or |
8 | | paragraph (4) of this subsection (d).
The board shall not |
9 | | lose jurisdiction to discharge a teacher if the hearing
|
10 | | officer fails to render a decision or findings of fact and |
11 | | recommendation within the time specified in this
Section. |
12 | | If the decision of the hearing officer for dismissal |
13 | | pursuant to Article 24A of this Code or of the school board |
14 | | for dismissal for cause is in favor of the teacher, then |
15 | | the hearing officer or school board shall order |
16 | | reinstatement to the same or substantially equivalent |
17 | | position and shall determine the amount for which the |
18 | | school board is liable, including, but not limited to, loss |
19 | | of income and benefits. |
20 | | (8) The school board, within 45 days after receipt of |
21 | | the hearing officer's findings of fact and recommendation |
22 | | as to whether (i) the conduct at issue occurred, (ii) the |
23 | | conduct that did occur was remediable, and (iii) the |
24 | | proposed dismissal should be sustained, shall issue a |
25 | | written order as to whether the teacher must be retained or |
26 | | dismissed for cause from its employ. The school board's |
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1 | | written order shall incorporate the hearing officer's |
2 | | findings of fact, except that the school board may modify |
3 | | or supplement the findings of fact if, in its opinion, the |
4 | | findings of fact are against the manifest weight of the |
5 | | evidence. |
6 | | If the school board dismisses the teacher |
7 | | notwithstanding the hearing officer's findings of fact and |
8 | | recommendation, the school board shall make a conclusion in |
9 | | its written order, giving its reasons therefor, and such |
10 | | conclusion and reasons must be included in its written |
11 | | order. The failure of the school board to strictly adhere |
12 | | to the timelines contained in this Section shall not render |
13 | | it without jurisdiction to dismiss the teacher. The school |
14 | | board shall not lose jurisdiction to discharge the teacher |
15 | | for cause if the hearing officer fails to render a |
16 | | recommendation within the time specified in this Section. |
17 | | The decision of the school board is final, unless reviewed |
18 | | as provided in paragraph (9) of this subsection (d). |
19 | | If the school board retains the teacher, the school |
20 | | board shall enter a written order stating the amount of |
21 | | back pay and lost benefits, less mitigation, to be paid to |
22 | | the teacher, within 45 days after its retention order. |
23 | | Should the teacher object to the amount of the back pay and |
24 | | lost benefits or amount mitigated, the teacher shall give |
25 | | written objections to the amount within 21 days. If the |
26 | | parties fail to reach resolution within 7 days, the dispute |
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1 | | shall be referred to the hearing officer, who shall |
2 | | consider the school board's written order and teacher's |
3 | | written objection and determine the amount to which the |
4 | | school board is liable. The costs of the hearing officer's |
5 | | review and determination must be paid by the board. |
6 | | (9)
The decision of the hearing officer pursuant to |
7 | | Article 24A of this Code or of the school board's decision |
8 | | to dismiss for cause is final unless reviewed as
provided |
9 | | in Section 24-16 of this Code Act . If the school board's |
10 | | decision to dismiss for cause is contrary to the hearing |
11 | | officer's recommendation, the court on review shall give |
12 | | consideration to the school board's decision and its |
13 | | supplemental findings of fact, if applicable, and the |
14 | | hearing officer's findings of fact and recommendation in |
15 | | making its decision. In the event such review is
|
16 | | instituted, the school board shall be responsible for |
17 | | preparing and filing the record of proceedings, and such |
18 | | costs associated therewith must be divided equally between |
19 | | the parties.
|
20 | | (10) If a decision of the hearing officer for dismissal |
21 | | pursuant to Article 24A of this Code or of the school board |
22 | | for dismissal for cause is adjudicated upon review or
|
23 | | appeal in favor of the teacher, then the trial court shall |
24 | | order
reinstatement and shall remand the matter to the |
25 | | school board with direction for entry of an order setting |
26 | | the amount of back pay, lost benefits, and costs, less |
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1 | | mitigation. The teacher may challenge the school board's |
2 | | order setting the amount of back pay, lost benefits, and |
3 | | costs, less mitigation, through an expedited arbitration |
4 | | procedure, with the costs of the arbitrator borne by the |
5 | | school board.
|
6 | | Any teacher who is reinstated by any hearing or |
7 | | adjudication brought
under this Section shall be assigned |
8 | | by the board to a position
substantially similar to the one |
9 | | which that teacher held prior to that
teacher's suspension |
10 | | or dismissal.
|
11 | | (11) Subject to any later effective date referenced in |
12 | | this Section for a specific aspect of the dismissal |
13 | | process, the changes made by Public Act 97-8 shall apply to |
14 | | dismissals instituted on or after September 1, 2011. Any |
15 | | dismissal instituted prior to September 1, 2011 must be |
16 | | carried out in accordance with the requirements of this |
17 | | Section prior to amendment by Public Act 97-8.
|
18 | | (e) Nothing contained in Public Act 98-648 this amendatory |
19 | | Act of the 98th General Assembly repeals, supersedes, |
20 | | invalidates, or nullifies final decisions in lawsuits pending |
21 | | on July 1, 2014 ( the effective date of Public Act 98-648) this |
22 | | amendatory Act of the 98th General Assembly in Illinois courts |
23 | | involving the interpretation of Public Act 97-8. |
24 | | (Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19; |
25 | | revised 9-28-18.)
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1 | | (105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
|
2 | | Sec. 24-14. Termination of contractual continued service |
3 | | by teacher. A teacher who
has entered into contractual |
4 | | continued service may resign
at any time by obtaining |
5 | | concurrence of the board or by serving at least 30
days' |
6 | | written notice upon the secretary of the board. However, no |
7 | | teacher
may resign during the school term, without the |
8 | | concurrence of the board,
in order to accept another teaching |
9 | | assignment. Any teacher
terminating said service not in |
10 | | accordance with this Section may be referred by the board to |
11 | | the State Superintendent of Education is guilty of
|
12 | | unprofessional conduct and liable to suspension of licensure |
13 | | for a period not
to exceed 1 year, as provided in Section |
14 | | 21B-75 of this Code . The State Superintendent or his or her |
15 | | designee shall convene an informal evidentiary hearing no later |
16 | | than 90 days after receipt of a resolution by the board. If the |
17 | | State Superintendent or his or her designee finds that the |
18 | | teacher resigned during the school term without the concurrence |
19 | | of the board to accept another teaching assignment, the State |
20 | | Superintendent must suspend the teacher's license for one |
21 | | calendar year. In lieu of a hearing and finding, the teacher |
22 | | may agree to a lesser licensure sanction at the discretion of |
23 | | the State Superintendent.
|
24 | | (Source: P.A. 97-607, eff. 8-26-11.)
|
25 | | (105 ILCS 5/27A-5)
|
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1 | | Sec. 27A-5. Charter school; legal entity; requirements.
|
2 | | (a) A charter school shall be a public, nonsectarian, |
3 | | nonreligious, non-home
based, and non-profit school. A charter |
4 | | school shall be organized and operated
as a nonprofit |
5 | | corporation or other discrete, legal, nonprofit entity
|
6 | | authorized under the laws of the State of Illinois.
|
7 | | (b) A charter school may be established under this Article |
8 | | by creating a new
school or by converting an existing public |
9 | | school or attendance center to
charter
school status.
Beginning |
10 | | on April 16, 2003 (the effective date of Public Act 93-3), in |
11 | | all new
applications to establish
a charter
school in a city |
12 | | having a population exceeding 500,000, operation of the
charter
|
13 | | school shall be limited to one campus. The changes made to this |
14 | | Section by Public Act 93-3 do not apply to charter schools |
15 | | existing or approved on or before April 16, 2003 (the
effective |
16 | | date of Public Act 93-3). |
17 | | (b-5) In this subsection (b-5), "virtual-schooling" means |
18 | | a cyber school where students engage in online curriculum and |
19 | | instruction via the Internet and electronic communication with |
20 | | their teachers at remote locations and with students |
21 | | participating at different times. |
22 | | From April 1, 2013 through December 31, 2016, there is a |
23 | | moratorium on the establishment of charter schools with |
24 | | virtual-schooling components in school districts other than a |
25 | | school district organized under Article 34 of this Code. This |
26 | | moratorium does not apply to a charter school with |
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1 | | virtual-schooling components existing or approved prior to |
2 | | April 1, 2013 or to the renewal of the charter of a charter |
3 | | school with virtual-schooling components already approved |
4 | | prior to April 1, 2013. |
5 | | On or before March 1, 2014, the Commission shall submit to |
6 | | the General Assembly a report on the effect of |
7 | | virtual-schooling, including without limitation the effect on |
8 | | student performance, the costs associated with |
9 | | virtual-schooling, and issues with oversight. The report shall |
10 | | include policy recommendations for virtual-schooling.
|
11 | | (c) A charter school shall be administered and governed by |
12 | | its board of
directors or other governing body
in the manner |
13 | | provided in its charter. The governing body of a charter school
|
14 | | shall be subject to the Freedom of Information Act and the Open |
15 | | Meetings Act.
|
16 | | (d) For purposes of this subsection (d), "non-curricular |
17 | | health and safety requirement" means any health and safety |
18 | | requirement created by statute or rule to provide, maintain, |
19 | | preserve, or safeguard safe or healthful conditions for |
20 | | students and school personnel or to eliminate, reduce, or |
21 | | prevent threats to the health and safety of students and school |
22 | | personnel. "Non-curricular health and safety requirement" does |
23 | | not include any course of study or specialized instructional |
24 | | requirement for which the State Board has established goals and |
25 | | learning standards or which is designed primarily to impart |
26 | | knowledge and skills for students to master and apply as an |
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1 | | outcome of their education. |
2 | | A charter school shall comply with all non-curricular |
3 | | health and safety
requirements applicable to public schools |
4 | | under the laws of the State of
Illinois. On or before September |
5 | | 1, 2015, the State Board shall promulgate and post on its |
6 | | Internet website a list of non-curricular health and safety |
7 | | requirements that a charter school must meet. The list shall be |
8 | | updated annually no later than September 1. Any charter |
9 | | contract between a charter school and its authorizer must |
10 | | contain a provision that requires the charter school to follow |
11 | | the list of all non-curricular health and safety requirements |
12 | | promulgated by the State Board and any non-curricular health |
13 | | and safety requirements added by the State Board to such list |
14 | | during the term of the charter. Nothing in this subsection (d) |
15 | | precludes an authorizer from including non-curricular health |
16 | | and safety requirements in a charter school contract that are |
17 | | not contained in the list promulgated by the State Board, |
18 | | including non-curricular health and safety requirements of the |
19 | | authorizing local school board.
|
20 | | (e) Except as otherwise provided in the School Code, a |
21 | | charter school shall
not charge tuition; provided that a |
22 | | charter school may charge reasonable fees
for textbooks, |
23 | | instructional materials, and student activities.
|
24 | | (f) A charter school shall be responsible for the |
25 | | management and operation
of its fiscal affairs including,
but |
26 | | not limited to, the preparation of its budget. An audit of each |
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1 | | charter
school's finances shall be conducted annually by an |
2 | | outside, independent
contractor retained by the charter |
3 | | school. To ensure financial accountability for the use of |
4 | | public funds, on or before December 1 of every year of |
5 | | operation, each charter school shall submit to its authorizer |
6 | | and the State Board a copy of its audit and a copy of the Form |
7 | | 990 the charter school filed that year with the federal |
8 | | Internal Revenue Service. In addition, if deemed necessary for |
9 | | proper financial oversight of the charter school, an authorizer |
10 | | may require quarterly financial statements from each charter |
11 | | school.
|
12 | | (g) A charter school shall comply with all provisions of |
13 | | this Article, the Illinois Educational Labor Relations Act, all |
14 | | federal and State laws and rules applicable to public schools |
15 | | that pertain to special education and the instruction of |
16 | | English learners, and
its charter. A charter
school is exempt |
17 | | from all other State laws and regulations in this Code
|
18 | | governing public
schools and local school board policies; |
19 | | however, a charter school is not exempt from the following:
|
20 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding |
21 | | criminal
history records checks and checks of the Statewide |
22 | | Sex Offender Database and Statewide Murderer and Violent |
23 | | Offender Against Youth Database of applicants for |
24 | | employment;
|
25 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and |
26 | | 34-84a of this Code regarding discipline of
students;
|
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1 | | (3) the Local Governmental and Governmental Employees |
2 | | Tort Immunity Act;
|
3 | | (4) Section 108.75 of the General Not For Profit |
4 | | Corporation Act of 1986
regarding indemnification of |
5 | | officers, directors, employees, and agents;
|
6 | | (5) the Abused and Neglected Child Reporting Act;
|
7 | | (5.5) subsection (b) of Section 10-23.12 and |
8 | | subsection (b) of Section 34-18.6 of this Code; |
9 | | (6) the Illinois School Student Records Act;
|
10 | | (7) Section 10-17a of this Code regarding school report |
11 | | cards;
|
12 | | (8) the P-20 Longitudinal Education Data System Act; |
13 | | (9) Section 27-23.7 of this Code regarding bullying |
14 | | prevention; |
15 | | (10) Section 2-3.162 of this Code regarding student |
16 | | discipline reporting; |
17 | | (11) Sections 22-80 and 27-8.1 of this Code; |
18 | | (12) Sections 10-20.60 and 34-18.53 of this Code; |
19 | | (13) Sections 10-20.63 and 34-18.56 of this Code; and |
20 | | (14) Section 26-18 of this Code; and |
21 | | (15) Section 22-30 of this Code ; and . |
22 | | (16) Sections 24-12 and 34-85 of this Code. |
23 | | The change made by Public Act 96-104 to this subsection (g) |
24 | | is declaratory of existing law. |
25 | | (h) A charter school may negotiate and contract with a |
26 | | school district, the
governing body of a State college or |
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1 | | university or public community college, or
any other public or |
2 | | for-profit or nonprofit private entity for: (i) the use
of a |
3 | | school building and grounds or any other real property or |
4 | | facilities that
the charter school desires to use or convert |
5 | | for use as a charter school site,
(ii) the operation and |
6 | | maintenance thereof, and
(iii) the provision of any service, |
7 | | activity, or undertaking that the charter
school is required to |
8 | | perform in order to carry out the terms of its charter.
|
9 | | However, a charter school
that is established on
or
after April |
10 | | 16, 2003 (the effective date of Public Act 93-3) and that |
11 | | operates
in a city having a population exceeding
500,000 may |
12 | | not contract with a for-profit entity to
manage or operate the |
13 | | school during the period that commences on April 16, 2003 (the
|
14 | | effective date of Public Act 93-3) and
concludes at the end of |
15 | | the 2004-2005 school year.
Except as provided in subsection (i) |
16 | | of this Section, a school district may
charge a charter school |
17 | | reasonable rent for the use of the district's
buildings, |
18 | | grounds, and facilities. Any services for which a charter |
19 | | school
contracts
with a school district shall be provided by |
20 | | the district at cost. Any services
for which a charter school |
21 | | contracts with a local school board or with the
governing body |
22 | | of a State college or university or public community college
|
23 | | shall be provided by the public entity at cost.
|
24 | | (i) In no event shall a charter school that is established |
25 | | by converting an
existing school or attendance center to |
26 | | charter school status be required to
pay rent for space
that is |
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1 | | deemed available, as negotiated and provided in the charter |
2 | | agreement,
in school district
facilities. However, all other |
3 | | costs for the operation and maintenance of
school district |
4 | | facilities that are used by the charter school shall be subject
|
5 | | to negotiation between
the charter school and the local school |
6 | | board and shall be set forth in the
charter.
|
7 | | (j) A charter school may limit student enrollment by age or |
8 | | grade level.
|
9 | | (k) If the charter school is approved by the Commission, |
10 | | then the Commission charter school is its own local education |
11 | | agency. |
12 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, |
13 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; |
14 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; |
15 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. |
16 | | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, |
17 | | eff. 8-14-18; revised 10-5-18.) |
18 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) |
19 | | Sec. 34-18.5. Criminal history records checks and checks of |
20 | | the Statewide Sex Offender Database and Statewide Murderer and |
21 | | Violent Offender Against Youth Database. |
22 | | (a) Licensed and nonlicensed Certified and noncertified |
23 | | applicants for
employment with the school district are required |
24 | | as a condition of
employment to authorize a fingerprint-based |
25 | | criminal history records check to determine if such applicants
|
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1 | | have been convicted of any disqualifying, of the enumerated |
2 | | criminal or drug offenses in
subsection (c) of this Section or |
3 | | have been
convicted, within 7 years of the application for |
4 | | employment with the
school district, of any other felony under |
5 | | the laws of this State or of any
offense committed or attempted |
6 | | in any other state or against the laws of
the United States |
7 | | that, if committed or attempted in this State, would
have been |
8 | | punishable as a felony under the laws of this State. |
9 | | Authorization
for
the
check shall
be furnished by the applicant |
10 | | to the school district, except that if the
applicant is a |
11 | | substitute teacher seeking employment in more than one
school |
12 | | district, or a teacher seeking concurrent part-time employment
|
13 | | positions with more than one school district (as a reading |
14 | | specialist,
special education teacher or otherwise), or an |
15 | | educational support
personnel employee seeking employment |
16 | | positions with more than one
district, any such district may |
17 | | require the applicant to furnish
authorization for
the check to |
18 | | the regional superintendent of the
educational service region |
19 | | in which are located the school districts in
which the |
20 | | applicant is seeking employment as a substitute or concurrent
|
21 | | part-time teacher or concurrent educational support personnel |
22 | | employee.
Upon receipt of this authorization, the school |
23 | | district or the appropriate
regional superintendent, as the |
24 | | case may be, shall submit the applicant's
name, sex, race, date |
25 | | of birth, social security number, fingerprint images, and other |
26 | | identifiers, as prescribed by the Department
of State Police, |
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1 | | to the Department. The regional
superintendent submitting the |
2 | | requisite information to the Department of
State Police shall |
3 | | promptly notify the school districts in which the
applicant is |
4 | | seeking employment as a substitute or concurrent part-time
|
5 | | teacher or concurrent educational support personnel employee |
6 | | that
the
check of the applicant has been requested. The |
7 | | Department of State
Police and the Federal Bureau of |
8 | | Investigation shall furnish, pursuant to a fingerprint-based |
9 | | criminal history records check, records of convictions, |
10 | | forever and hereinafter, until expunged, to the president of |
11 | | the school board for the school district that requested the |
12 | | check, or to the regional superintendent who requested the |
13 | | check. The
Department shall charge
the school district
or the |
14 | | appropriate regional superintendent a fee for
conducting
such |
15 | | check, which fee shall be deposited in the State
Police |
16 | | Services Fund and shall not exceed the cost of the inquiry; and |
17 | | the
applicant shall not be charged a fee for
such check by the |
18 | | school
district or by the regional superintendent. Subject to |
19 | | appropriations for these purposes, the State Superintendent of |
20 | | Education shall reimburse the school district and regional |
21 | | superintendent for fees paid to obtain criminal history records |
22 | | checks under this Section. |
23 | | (a-5) The school district or regional superintendent shall |
24 | | further perform a check of the Statewide Sex Offender Database, |
25 | | as authorized by the Sex Offender Community Notification Law, |
26 | | for each applicant. The check of the Statewide Sex Offender |
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1 | | Database must be conducted by the school district or regional |
2 | | superintendent once for every 5 years that an applicant remains |
3 | | employed by the school district. |
4 | | (a-6) The school district or regional superintendent shall |
5 | | further perform a check of the Statewide Murderer and Violent |
6 | | Offender Against Youth Database, as authorized by the Murderer |
7 | | and Violent Offender Against Youth Community Notification Law, |
8 | | for each applicant. The check of the Murderer and Violent |
9 | | Offender Against Youth Database must be conducted by the school |
10 | | district or regional superintendent once for every 5 years that |
11 | | an applicant remains employed by the school district. |
12 | | (b) Any
information concerning the record of convictions |
13 | | obtained by the president
of the board of education or the |
14 | | regional superintendent shall be
confidential and may only be |
15 | | transmitted to the general superintendent of
the school |
16 | | district or his designee, the appropriate regional
|
17 | | superintendent if
the check was requested by the board of |
18 | | education
for the school district, the presidents of the |
19 | | appropriate board of
education or school boards if
the check |
20 | | was requested from the
Department of State Police by the |
21 | | regional superintendent, the State
Superintendent of |
22 | | Education, the State Educator Preparation and Licensure State |
23 | | Teacher Certification Board or any
other person necessary to |
24 | | the decision of hiring the applicant for
employment. A copy of |
25 | | the record of convictions obtained from the
Department of State |
26 | | Police shall be provided to the applicant for
employment. Upon |
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1 | | the check of the Statewide Sex Offender Database, the school |
2 | | district or regional superintendent shall notify an applicant |
3 | | as to whether or not the applicant has been identified in the |
4 | | Database as a sex offender. If a check of an applicant for |
5 | | employment as a
substitute or concurrent part-time teacher or |
6 | | concurrent educational
support personnel employee in more than |
7 | | one school district was requested
by the regional |
8 | | superintendent, and the Department of State Police upon
a check |
9 | | ascertains that the applicant has not been convicted of any
of |
10 | | the enumerated criminal or drug offenses in subsection (c) of |
11 | | this Section
or has not been
convicted,
within 7 years of the |
12 | | application for employment with the
school district, of any |
13 | | other felony under the laws of this State or of any
offense |
14 | | committed or attempted in any other state or against the laws |
15 | | of
the United States that, if committed or attempted in this |
16 | | State, would
have been punishable as a felony under the laws of |
17 | | this State and so
notifies the regional superintendent and if |
18 | | the regional superintendent upon a check ascertains that the |
19 | | applicant has not been identified in the Sex Offender Database |
20 | | as a sex offender, then the regional superintendent
shall issue |
21 | | to the applicant a certificate evidencing that as of the date
|
22 | | specified by the Department of State Police the applicant has |
23 | | not been
convicted of any of the enumerated criminal or drug |
24 | | offenses in subsection
(c) of this Section
or has not been
|
25 | | convicted, within 7 years of the application for employment |
26 | | with the
school district, of any other felony under the laws of |
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1 | | this State or of any
offense committed or attempted in any |
2 | | other state or against the laws of
the United States that, if |
3 | | committed or attempted in this State, would
have been |
4 | | punishable as a felony under the laws of this State and |
5 | | evidencing that as of the date that the regional superintendent |
6 | | conducted a check of the Statewide Sex Offender Database, the |
7 | | applicant has not been identified in the Database as a sex |
8 | | offender. The school
board of any school district may rely on |
9 | | the certificate issued by any regional
superintendent to that |
10 | | substitute teacher, concurrent part-time teacher, or |
11 | | concurrent educational support personnel employee
or may |
12 | | initiate its own criminal history records check of
the |
13 | | applicant through the Department of State Police and its own |
14 | | check of the Statewide Sex Offender Database as provided in
|
15 | | subsection (a). Any unauthorized release of confidential |
16 | | information may be a violation of Section 7 of the Criminal |
17 | | Identification Act. |
18 | | (c) The board of education shall not knowingly employ a |
19 | | person who has
been convicted of any offense that would subject |
20 | | him or her to license suspension or revocation pursuant to |
21 | | Section 21B-80 of this Code , except as provided under |
22 | | subsection (b) of 21B-80 .
Further, the board of education shall |
23 | | not knowingly employ a person who has
been found to be the |
24 | | perpetrator of sexual or physical abuse of any minor under
18 |
25 | | years of age pursuant to proceedings under Article II of the |
26 | | Juvenile Court
Act of 1987. As a condition of employment, the |
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1 | | board of education must consider the status of a person who has |
2 | | been issued an indicated finding of abuse or neglect of a child |
3 | | by the Department of Children and Family Services under the |
4 | | Abused and Neglected Child Reporting Act or by a child welfare |
5 | | agency of another jurisdiction. |
6 | | (d) The board of education shall not knowingly employ a |
7 | | person for whom
a criminal history records check and a |
8 | | Statewide Sex Offender Database check has not been initiated. |
9 | | (e) No later than 15 business days after receipt of a |
10 | | record of conviction or of checking the Statewide Murderer and |
11 | | Violent Offender Against Youth Database or the Statewide Sex |
12 | | Offender Database and finding a registration, the general |
13 | | superintendent of schools or the applicable regional |
14 | | superintendent shall, in writing, notify the State |
15 | | Superintendent of Education of any license holder who has been |
16 | | convicted of a crime set forth in Section 21B-80 of this Code. |
17 | | Upon receipt of the record of a conviction of or a finding of |
18 | | child
abuse by a holder of any license
certificate issued |
19 | | pursuant to Article 21B 21 or Section 34-8.1 or 34-83 of the
|
20 | | School Code, the State Superintendent of
Education may initiate |
21 | | licensure certificate suspension and revocation
proceedings as |
22 | | authorized by law. If the receipt of the record of conviction |
23 | | or finding of child abuse is received within 6 months after the |
24 | | initial grant of or renewal of a license, the State |
25 | | Superintendent of Education may rescind the license holder's |
26 | | license. |
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1 | | (e-5) The general superintendent of schools shall, in |
2 | | writing, notify the State Superintendent of Education of any |
3 | | license certificate holder whom he or she has reasonable cause |
4 | | to believe has committed an intentional act of abuse or neglect |
5 | | with the result of making a child an abused child or a |
6 | | neglected child, as defined in Section 3 of the Abused and |
7 | | Neglected Child Reporting Act, and that act resulted in the |
8 | | license certificate holder's dismissal or resignation from the |
9 | | school district. This notification must be submitted within 30 |
10 | | days after the dismissal or resignation. The license |
11 | | certificate holder must also be contemporaneously sent a copy |
12 | | of the notice by the superintendent. All correspondence, |
13 | | documentation, and other information so received by the State |
14 | | Superintendent of Education, the State Board of Education, or |
15 | | the State Educator Preparation and Licensure State Teacher |
16 | | Certification Board under this subsection (e-5) is |
17 | | confidential and must not be disclosed to third parties, except |
18 | | (i) as necessary for the State Superintendent of Education or |
19 | | his or her designee to investigate and prosecute pursuant to |
20 | | Article 21B 21 of this Code, (ii) pursuant to a court order, |
21 | | (iii) for disclosure to the license certificate holder or his |
22 | | or her representative, or (iv) as otherwise provided in this |
23 | | Article and provided that any such information admitted into |
24 | | evidence in a hearing is exempt from this confidentiality and |
25 | | non-disclosure requirement. Except for an act of willful or |
26 | | wanton misconduct, any superintendent who provides |
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1 | | notification as required in this subsection (e-5) shall have |
2 | | immunity from any liability, whether civil or criminal or that |
3 | | otherwise might result by reason of such action. |
4 | | (f) After March 19, 1990, the provisions of this Section |
5 | | shall apply to
all employees of persons or firms holding |
6 | | contracts with any school district
including, but not limited |
7 | | to, food service workers, school bus drivers and
other |
8 | | transportation employees, who have direct, daily contact with |
9 | | the
pupils of any school in such district. For purposes of |
10 | | criminal history records checks and checks of the Statewide Sex |
11 | | Offender Database on employees of persons or firms holding |
12 | | contracts with more
than one school district and assigned to |
13 | | more than one school district, the
regional superintendent of |
14 | | the educational service region in which the
contracting school |
15 | | districts are located may, at the request of any such
school |
16 | | district, be responsible for receiving the authorization for
a |
17 | | criminal history records check prepared by each such employee |
18 | | and submitting the same to the
Department of State Police and |
19 | | for conducting a check of the Statewide Sex Offender Database |
20 | | for each employee. Any information concerning the record of
|
21 | | conviction and identification as a sex offender of any such |
22 | | employee obtained by the regional superintendent
shall be |
23 | | promptly reported to the president of the appropriate school |
24 | | board
or school boards. |
25 | | (f-5) Upon request of a school or school district, any |
26 | | information obtained by the school district pursuant to |
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1 | | subsection (f) of this Section within the last year must be |
2 | | made available to the requesting school or school district. |
3 | | (g) Prior to the commencement of any student teaching |
4 | | experience or required internship (which is referred to as |
5 | | student teaching in this Section) in the public schools, a |
6 | | student teacher is required to authorize a fingerprint-based |
7 | | criminal history records check. Authorization for and payment |
8 | | of the costs of the check must be furnished by the student |
9 | | teacher to the school district. Upon receipt of this |
10 | | authorization and payment, the school district shall submit the |
11 | | student teacher's name, sex, race, date of birth, social |
12 | | security number, fingerprint images, and other identifiers, as |
13 | | prescribed by the Department of State Police, to the Department |
14 | | of State Police. The Department of State Police and the Federal |
15 | | Bureau of Investigation shall furnish, pursuant to a |
16 | | fingerprint-based criminal history records check, records of |
17 | | convictions, forever and hereinafter, until expunged, to the |
18 | | president of the board. The Department shall charge the school |
19 | | district a fee for conducting the check, which fee must not |
20 | | exceed the cost of the inquiry and must be deposited into the |
21 | | State Police Services Fund. The school district shall further |
22 | | perform a check of the Statewide Sex Offender Database, as |
23 | | authorized by the Sex Offender Community Notification Law, and |
24 | | of the Statewide Murderer and Violent Offender Against Youth |
25 | | Database, as authorized by the Murderer and Violent Offender |
26 | | Against Youth Registration Act, for each student teacher. The |
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1 | | board may not knowingly allow a person to student teach for |
2 | | whom a criminal history records check, a Statewide Sex Offender |
3 | | Database check, and a Statewide Murderer and Violent Offender |
4 | | Against Youth Database check have not been completed and |
5 | | reviewed by the district. |
6 | | A copy of the record of convictions obtained from the |
7 | | Department of State Police must be provided to the student |
8 | | teacher. Any information concerning the record of convictions |
9 | | obtained by the president of the board is confidential and may |
10 | | only be transmitted to the general superintendent of schools or |
11 | | his or her designee, the State Superintendent of Education, the |
12 | | State Educator Preparation and Licensure Board, or, for |
13 | | clarification purposes, the Department of State Police or the |
14 | | Statewide Sex Offender Database or Statewide Murderer and |
15 | | Violent Offender Against Youth Database. Any unauthorized |
16 | | release of confidential information may be a violation of |
17 | | Section 7 of the Criminal Identification Act. |
18 | | The board may not knowingly allow a person to student teach |
19 | | who has been convicted of any offense that would subject him or |
20 | | her to license suspension or revocation pursuant to subsection |
21 | | (c) of Section 21B-80 of this Code , except as provided under |
22 | | subsection (b) of Section 21B-80. Further, the board may not |
23 | | allow a person to student teach if he or she or who has been |
24 | | found to be the perpetrator of sexual or physical abuse of a |
25 | | minor under 18 years of age pursuant to proceedings under |
26 | | Article II of the Juvenile Court Act of 1987. The board must |
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1 | | consider the status of a person to student teach who has been |
2 | | issued an indicated finding of abuse or neglect of a child by |
3 | | the Department of Children and Family Services under the Abused |
4 | | and Neglected Child Reporting Act or by a child welfare agency |
5 | | of another jurisdiction. |
6 | | (h) (Blank). |
7 | | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
|
8 | | (105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
|
9 | | Sec. 34-18.6. Child abuse and neglect; detection,
|
10 | | reporting, and prevention ; willful or negligent failure to |
11 | | report . |
12 | | (a) The Board of Education may provide staff
development |
13 | | for local school site personnel who work with pupils in grades
|
14 | | kindergarten through 8 in the detection, reporting, and |
15 | | prevention of child
abuse and neglect.
|
16 | | (b) The Department of Children and Family Services may, in |
17 | | cooperation with school officials, distribute appropriate |
18 | | materials in school buildings listing the toll-free telephone |
19 | | number established in Section 7.6 of the Abused and Neglected |
20 | | Child Reporting Act, including methods of making a report under |
21 | | Section 7 of the Abused and Neglected Child Reporting Act, to |
22 | | be displayed in a clearly visible location in each school |
23 | | building. |
24 | | (c) Except for an employee licensed under Article 21B of |
25 | | this Code, if the board determines that any school district |
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1 | | employee has willfully or negligently failed to report an |
2 | | instance of suspected child abuse or neglect, as required by |
3 | | the Abused and Neglected Child Reporting Act, then the board |
4 | | may dismiss that employee immediately upon that determination. |
5 | | For purposes of this subsection (c), negligent failure to |
6 | | report an instance of suspected child abuse or neglect occurs |
7 | | when a school district employee personally observes an instance |
8 | | of suspected child abuse or neglect and reasonably believes, in |
9 | | his or her professional or official capacity, that the instance |
10 | | constitutes an act of child abuse or neglect under the Abused |
11 | | and Neglected Child Reporting Act, and he or she, without |
12 | | willful intent, fails to immediately report or cause a report |
13 | | to be made of the suspected abuse or neglect to the Department |
14 | | of Children and Family Services, as required by the Abused and |
15 | | Neglected Child Reporting Act. |
16 | | (Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18 .)
|
17 | | (105 ILCS 5/34-18.61 new) |
18 | | Sec. 34-18.61. Sexual abuse investigations at schools. |
19 | | Every 2 years, the school district must review all existing |
20 | | policies and procedures concerning sexual abuse investigations |
21 | | at schools to ensure consistency with Section 22-85.
|
22 | | (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
|
23 | | Sec. 34-85. Removal for cause; notice and hearing; |
24 | | suspension. |
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1 | | (a) No
teacher employed by the board of education shall |
2 | | (after serving the
probationary period specified in Section |
3 | | 34-84) be removed
except for cause. Teachers (who have |
4 | | completed the probationary period specified in Section 34-84 of |
5 | | this Code) shall be removed for cause in accordance with the |
6 | | procedures set forth in this Section or, at the board's option, |
7 | | the procedures set forth in Section 24-16.5 of this Code or |
8 | | such other procedures established in an agreement entered into |
9 | | between the board and the exclusive representative of the |
10 | | district's teachers under Section 34-85c of this Code for |
11 | | teachers (who have completed the probationary period specified |
12 | | in Section 34-84 of this Code) assigned to schools identified |
13 | | in that agreement. No principal employed by the board of |
14 | | education shall be
removed during the term of his or her |
15 | | performance contract except for
cause, which may include but is |
16 | | not limited to the principal's repeated
failure to implement |
17 | | the school improvement plan or to comply with the
provisions of |
18 | | the Uniform Performance Contract, including additional
|
19 | | criteria established by the Council for inclusion in the |
20 | | performance
contract pursuant to Section 34-2.3.
|
21 | | Before service of notice of charges on account of causes |
22 | | that may be deemed to be remediable, the teacher or principal |
23 | | must be given reasonable warning in writing, stating |
24 | | specifically the causes that, if not removed, may result in |
25 | | charges; however, no such written warning is required if the |
26 | | causes have been the subject of a remediation plan pursuant to |
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1 | | Article 24A of this Code or if the board and the exclusive |
2 | | representative of the district's teachers have entered into an |
3 | | agreement pursuant to Section 34-85c of this Code, pursuant to |
4 | | an alternative system of remediation. No written warning shall |
5 | | be required for conduct on the part of a teacher or principal |
6 | | that is cruel, immoral, negligent, or criminal or that in any |
7 | | way causes psychological or physical harm or injury to a |
8 | | student, as that conduct is deemed to be irremediable. No |
9 | | written warning shall be required for a material breach of the |
10 | | uniform principal performance contract, as that conduct is |
11 | | deemed to be irremediable; provided that not less than 30 days |
12 | | before the vote of the local school council to seek the |
13 | | dismissal of a principal for a material breach of a uniform |
14 | | principal performance contract, the local school council shall |
15 | | specify the nature of the alleged breach in writing and provide |
16 | | a copy of it to the principal. |
17 | | (1) To initiate dismissal proceedings against a |
18 | | teacher or principal, the general superintendent must |
19 | | first approve written charges and specifications against |
20 | | the
teacher or
principal. A local school council may direct |
21 | | the
general superintendent to approve written charges |
22 | | against its principal on behalf of the Council
upon the |
23 | | vote of 7 members of the Council. The general |
24 | | superintendent must
approve those charges within 45 |
25 | | calendar days
or provide a written
reason for not approving |
26 | | those charges. A
written notice of those charges, including |
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1 | | specifications,
shall be served upon the teacher or |
2 | | principal within 10 business days of the
approval of the |
3 | | charges. Any written notice sent on or after July 1, 2012 |
4 | | shall also inform the teacher or principal of the right to |
5 | | request a hearing before a mutually selected hearing |
6 | | officer, with the cost of the hearing officer split equally |
7 | | between the teacher or principal and the board, or a |
8 | | hearing before a qualified hearing officer chosen by the |
9 | | general superintendent, with the cost of the hearing |
10 | | officer paid by the board. If the teacher or principal |
11 | | cannot be found upon diligent
inquiry, such charges may be |
12 | | served upon him by mailing a copy thereof in a
sealed |
13 | | envelope by prepaid certified mail, return receipt |
14 | | requested, to the
teacher's or principal's last known |
15 | | address. A return receipt showing
delivery to such address |
16 | | within 20 calendar days after the date of the
approval of |
17 | | the charges shall constitute proof of service.
|
18 | | (2) No hearing upon the charges is required unless the |
19 | | teacher or principal
within 17 calendar
days after |
20 | | receiving notice requests in writing of the general
|
21 | | superintendent that a hearing
be scheduled. Pending the |
22 | | hearing of the charges, the general superintendent or his |
23 | | or her designee may suspend the teacher or principal |
24 | | charged without pay in accordance with rules prescribed by |
25 | | the board, provided that if the teacher or principal |
26 | | charged is not dismissed based on the charges, he or she |
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1 | | must be made whole for lost earnings, less setoffs for |
2 | | mitigation. |
3 | | (3) The board shall maintain a list of at least 9 |
4 | | qualified hearing officers who will conduct hearings on |
5 | | charges and specifications. The list must be developed in |
6 | | good faith consultation with the exclusive representative |
7 | | of the board's teachers and professional associations that |
8 | | represent the board's principals. The list may be revised |
9 | | on July 1st of each year or earlier as needed. To be a |
10 | | qualified hearing officer, the person must (i)
be |
11 | | accredited by a national arbitration organization and have |
12 | | had a minimum
of 5 years of experience as an arbitrator in |
13 | | cases involving labor and
employment
relations matters |
14 | | between employers and employees or
their exclusive |
15 | | bargaining representatives and (ii) beginning September 1, |
16 | | 2012, have participated in training provided or approved by |
17 | | the State Board of Education for teacher dismissal hearing |
18 | | officers so that he or she is familiar with issues |
19 | | generally involved in evaluative and non-evaluative |
20 | | dismissals.
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21 | | Within 5 business days after receiving the notice of |
22 | | request for a hearing, the general superintendent and the |
23 | | teacher or principal or
their legal representatives
shall |
24 | | alternately strike one name
from the list until only one |
25 | | name remains. Unless waived by the teacher,
the teacher or |
26 | | principal shall
have the right to proceed first with the |
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1 | | striking. If the teacher or principal fails to participate |
2 | | in the striking process, the general superintendent shall |
3 | | either select the hearing officer from the list developed |
4 | | pursuant to this paragraph (3) or select another qualified |
5 | | hearing officer from the master list maintained by the |
6 | | State Board of Education pursuant to subsection (c) of |
7 | | Section 24-12 of this Code.
|
8 | | (4) If the notice of dismissal was sent to the teacher |
9 | | or principal before July 1, 2012, the fees and costs for |
10 | | the hearing officer shall be paid by the State
Board of |
11 | | Education. If the notice of dismissal was sent to the |
12 | | teacher or principal on or after July 1, 2012, the hearing |
13 | | officer's fees and costs must be paid as follows in this |
14 | | paragraph (4). The fees and permissible costs for the |
15 | | hearing officer shall be determined by the State Board of |
16 | | Education. If the hearing officer is mutually selected by |
17 | | the parties through alternate striking in accordance with |
18 | | paragraph (3) of this subsection (a), then the board and |
19 | | the teacher or their legal representative shall each pay |
20 | | 50% of the fees and costs and any supplemental allowance to |
21 | | which they agree. If the hearing officer is selected by the |
22 | | general superintendent without the participation of the |
23 | | teacher or principal, then the board shall pay 100% of the |
24 | | hearing officer fees and costs. The hearing officer shall |
25 | | submit for payment a billing statement to the parties that |
26 | | itemizes the charges and expenses and divides them in |
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1 | | accordance with this Section. |
2 | | (5) The teacher or the principal charged is required to |
3 | | answer the charges and specifications and aver affirmative |
4 | | matters in his or her defense, and the time for doing so |
5 | | must be set by the hearing officer. The State Board of |
6 | | Education shall adopt rules so that each party has a fair |
7 | | opportunity to present its case and to ensure that the |
8 | | dismissal proceeding is concluded in an expeditious |
9 | | manner. The rules shall address, without limitation, the |
10 | | teacher or principal's answer and affirmative defenses to |
11 | | the charges and specifications; a requirement that each |
12 | | party make mandatory disclosures without request to the |
13 | | other party and then update the disclosure no later than 10 |
14 | | calendar days prior to the commencement of the hearing, |
15 | | including a list of the names and addresses of persons who |
16 | | may be called as witnesses at the hearing, a summary of the |
17 | | facts or opinions each witness will testify to, and all |
18 | | other documents and materials, including information |
19 | | maintained electronically, relevant to its own as well as |
20 | | the other party's case (the hearing officer may exclude |
21 | | witnesses and exhibits not identified and shared, except |
22 | | those offered in rebuttal for which the party could not |
23 | | reasonably have anticipated prior to the hearing); |
24 | | pre-hearing discovery and preparation, including provision |
25 | | for written interrogatories and requests for production of |
26 | | documents, provided that discovery depositions are |
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1 | | prohibited; the conduct of the hearing; the right of each |
2 | | party to be represented by counsel, the offer of evidence |
3 | | and witnesses and the cross-examination of witnesses; the |
4 | | authority of the hearing officer to issue subpoenas and |
5 | | subpoenas duces tecum, provided that the hearing officer |
6 | | may limit the number of witnesses to be subpoenaed in |
7 | | behalf of each party to no more than 7; the length of |
8 | | post-hearing briefs; and the form, length, and content of |
9 | | hearing officers' reports and recommendations to the |
10 | | general superintendent. |
11 | | The hearing officer shall commence the hearing within |
12 | | 75 calendar days and conclude the hearing within 120 |
13 | | calendar days after being selected by the parties as the |
14 | | hearing officer, provided that these timelines may be |
15 | | modified upon the showing of good cause or mutual agreement |
16 | | of the parties. Good cause for the purposes of this |
17 | | paragraph (5) shall mean the illness or otherwise |
18 | | unavoidable emergency of the teacher, district |
19 | | representative, their legal representatives, the hearing |
20 | | officer, or an essential witness as indicated in each |
21 | | party's pre-hearing submission. In a dismissal hearing in |
22 | | which a witness is a student or is under the age of 18, the |
23 | | hearing officer must make accommodations for the witness, |
24 | | as provided under paragraph (5.5) of this subsection. The , |
25 | | the hearing officer shall consider and give weight to all |
26 | | of the teacher's evaluations written pursuant to Article |
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1 | | 24A that are relevant to the issues in the hearing. Except |
2 | | as otherwise provided under paragraph (5.5) of this |
3 | | subsection, the The teacher or principal has the
privilege |
4 | | of being present at the hearing with counsel and of
|
5 | | cross-examining witnesses and may offer evidence and |
6 | | witnesses and present
defenses to the charges. Each party |
7 | | shall have no more than 3 days to present its case, unless |
8 | | extended by the hearing officer to enable a party to |
9 | | present adequate evidence and testimony, including due to |
10 | | the other party's cross-examination of the party's |
11 | | witnesses, for good cause or by mutual agreement of the |
12 | | parties. The State Board of Education shall define in rules |
13 | | the meaning of "day" for such purposes.
All testimony at |
14 | | the hearing shall be taken under oath administered by the
|
15 | | hearing officer. The hearing officer shall cause a record |
16 | | of the
proceedings to be kept and shall employ a competent |
17 | | reporter to take
stenographic or stenotype notes of all the |
18 | | testimony. The costs of the
reporter's attendance and |
19 | | services at the hearing shall be paid by the party or |
20 | | parties who are paying the fees and costs of the hearing |
21 | | officer. Either party desiring a transcript of the
hearing |
22 | | shall pay for the cost thereof. At the close of the |
23 | | hearing, the hearing officer shall direct the parties to |
24 | | submit post-hearing briefs no later than 21 calendar days |
25 | | after receipt of the transcript. Either or both parties may |
26 | | waive submission of briefs. |
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1 | | (5.5) In the case of charges involving sexual abuse or |
2 | | severe physical abuse of a student or a person under the |
3 | | age of 18, the hearing officer shall make alternative |
4 | | hearing procedures to protect a witness who is a student or |
5 | | who is under the age of 18 from being intimidated or |
6 | | traumatized. Alternative hearing procedures may include, |
7 | | but are not limited to: (i) testimony made via a |
8 | | telecommunication device in a location other than the |
9 | | hearing room and outside the physical presence of the |
10 | | teacher or principal and other hearing participants, (ii) |
11 | | testimony outside the physical presence of the teacher or |
12 | | principal, or (iii) non-public testimony. During a |
13 | | testimony described under this subsection, each party must |
14 | | be permitted to ask a witness who is a student or who is |
15 | | under 18 years of age all relevant questions and follow-up |
16 | | questions. All questions must exclude evidence of the |
17 | | witness' sexual behavior or predisposition, unless the |
18 | | evidence is offered to prove that someone other than the |
19 | | teacher subject to the dismissal hearing engaged in the |
20 | | charge at issue.
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21 | | (6) The hearing officer shall within 30 calendar days |
22 | | from the conclusion of the hearing
report to the general |
23 | | superintendent findings of fact and a recommendation as to |
24 | | whether or not the teacher or principal shall
be dismissed |
25 | | and shall give a copy of the report to both the
teacher or
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26 | | principal and the general superintendent. The State Board |
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1 | | of Education shall provide by rule the form of the hearing |
2 | | officer's report and recommendation. |
3 | | (7) The board, within 45
days of receipt of the hearing |
4 | | officer's findings of fact and recommendation,
shall make a |
5 | | decision as to whether the teacher or principal shall be |
6 | | dismissed
from its employ. The failure of the board to |
7 | | strictly adhere to the timeliness
contained herein shall |
8 | | not render it without jurisdiction to dismiss the
teacher
|
9 | | or principal. In the event that the board declines to |
10 | | dismiss the teacher or principal after review of a hearing |
11 | | officer's recommendation, the board shall set the amount of |
12 | | back pay and benefits to award the teacher or principal, |
13 | | which shall include offsets for interim earnings and |
14 | | failure to mitigate losses. The board shall establish |
15 | | procedures for the teacher's or principal's submission of |
16 | | evidence to it regarding lost earnings, lost benefits, |
17 | | mitigation, and offsets. The decision
of the board is final |
18 | | unless reviewed in accordance with paragraph (8) of this |
19 | | subsection (a).
|
20 | | (8) The teacher may seek judicial review of the board's |
21 | | decision in accordance with the Administrative Review Law, |
22 | | which is specifically incorporated in this Section, except |
23 | | that the review must be initiated in the Illinois Appellate |
24 | | Court for the First District. In the event judicial review |
25 | | is instituted, any costs of preparing and
filing the record |
26 | | of proceedings shall be paid by the party instituting
the |
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1 | | review. In the event the appellate court reverses a board |
2 | | decision to dismiss a teacher or principal and directs the |
3 | | board to pay the teacher or the principal back pay and |
4 | | benefits, the appellate court shall remand the matter to |
5 | | the board to issue an administrative decision as to the |
6 | | amount of back pay and benefits, which shall include a |
7 | | calculation of the lost earnings, lost benefits, |
8 | | mitigation, and offsets based on evidence submitted to the |
9 | | board in accordance with procedures established by the |
10 | | board.
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11 | | (b) Nothing in this Section affects the validity of removal |
12 | | for cause hearings
commenced prior to June 13, 2011 (the |
13 | | effective date of Public Act 97-8).
|
14 | | The changes made by Public Act 97-8 shall apply to |
15 | | dismissals instituted on or after September 1, 2011 or the |
16 | | effective date of Public Act 97-8, whichever is later. Any |
17 | | dismissal instituted prior to the effective date of these |
18 | | changes must be carried out in accordance with the requirements |
19 | | of this Section prior to amendment by Public Act 97-8. |
20 | | (Source: P.A. 99-78, eff. 7-20-15.)
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21 | | Section 10. The Personnel Record Review Act is amended by |
22 | | changing Sections 8 and 9 as follows:
|
23 | | (820 ILCS 40/8) (from Ch. 48, par. 2008)
|
24 | | Sec. 8.
An employer shall review a personnel record before |
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1 | | releasing
information to a third party and, except when the |
2 | | release is ordered to
a party in a legal action or arbitration, |
3 | | delete disciplinary reports,
letters of reprimand, or other |
4 | | records of disciplinary action which are
more than 4 years old. |
5 | | This Section does not apply to a school district or an |
6 | | authorized employee or agent of a school district who is |
7 | | sharing information related to an incident or an attempted |
8 | | incident of sexual abuse or severe physical abuse.
|
9 | | (Source: P.A. 83-1104.)
|
10 | | (820 ILCS 40/9) (from Ch. 48, par. 2009)
|
11 | | Sec. 9.
An employer shall not gather or keep a record of an
|
12 | | employee's associations, political activities, publications, |
13 | | communications or
nonemployment activities, unless the |
14 | | employee submits the information in
writing or authorizes the |
15 | | employer in writing to keep or gather the
information. This |
16 | | prohibition
shall not apply to (i) activities or associations |
17 | | with individuals or groups involved in the physical, sexual, or |
18 | | other exploitation of a minor or (ii) the activities that occur |
19 | | on the employer's premises
or during the employee's working |
20 | | hours with that employer which interfere
with the performance |
21 | | of the employee's duties or the duties
of other employees or |
22 | | activities, regardless of when and where occurring,
which |
23 | | constitute criminal conduct or may reasonably be expected to |
24 | | harm the
employer's property, operations or business, or could |
25 | | by the employee's
action cause the employer financial |