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