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1 | AN ACT concerning schools.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
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 |
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1 | reason therefor, by certified mail, return receipt requested by
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2 | the employing board at least 45 days before the end of such
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3 | period; except that (i) for a teacher who is first employed as | ||||||
4 | a full-time
teacher by a school district
on or after January 1, | ||||||
5 | 1998 but before the effective date of this amendatory
Act of | ||||||
6 | the 95th General Assembly and who has not before January 1, | ||||||
7 | 1998
that date already entered
upon
contractual continued | ||||||
8 | service in that district, the probationary period shall
be 4 | ||||||
9 | consecutive
school terms before the teacher shall enter upon | ||||||
10 | contractual continued
service and (ii) for a teacher who is | ||||||
11 | first employed as a
full-time teacher by a
school district on | ||||||
12 | or after the effective date of this amendatory Act of the
95th | ||||||
13 | General Assembly and who has not before the date of this | ||||||
14 | employment
already entered
upon contractual continued service | ||||||
15 | in any district
pursuant to this Section or achieved permanent | ||||||
16 | appointment pursuant
to Section 34-84 of this Code, the | ||||||
17 | probationary
period shall be 3 consecutive school terms
before | ||||||
18 | the teacher shall enter upon contractual continued service .
For | ||||||
19 | the purpose of determining contractual continued service,
the | ||||||
20 | first probationary year shall be any full-time employment
from | ||||||
21 | a date before November 1 through
the end of the school year.
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22 | If, however, a teacher who was first employed prior to January | ||||||
23 | 1, 1998 or
first employed on
or after the effective date of | ||||||
24 | this amendatory Act of the 95th General
Assembly
has not had | ||||||
25 | one school term of full-time teaching experience before the
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26 | beginning of the applicable
a probationary period of 2 |
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1 | consecutive
school terms , the
employing
board may at its option | ||||||
2 | extend the probationary period for one additional
school term
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3 | by giving the teacher written notice by certified mail, return
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4 | receipt requested, at least 45 days before the end of the last
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5 | second
school term of
the applicable probationary period of 2 | ||||||
6 | consecutive school terms referred
to above . This
notice must
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7 | state the reasons for the one year extension and must outline | ||||||
8 | the corrective
actions that the teacher must take to | ||||||
9 | satisfactorily complete probation. The
changes made by
Public | ||||||
10 | Act 90-653 and this amendatory Act of the 95th General Assembly
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11 | this amendatory Act of 1998 are declaratory of existing law.
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12 | Any full-time teacher who is not completing the last year
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13 | of the probationary
period described in the preceding
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14 | paragraph,
or any teacher employed on a
full-time basis not | ||||||
15 | later than January 1 of the school term, shall receive
written | ||||||
16 | notice from the employing board at least 45 days before the
end | ||||||
17 | of any school term whether or not he will be
re-employed for | ||||||
18 | the following school term. If the board fails to give
such | ||||||
19 | notice, the employee shall be deemed reemployed, and not later | ||||||
20 | than
the close of the then current school term the board shall | ||||||
21 | issue a
regular contract to the employee as though the board | ||||||
22 | had reemployed him
in the usual manner.
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23 | Contractual continued service shall continue in effect the | ||||||
24 | terms and
provisions of the contract with the teacher during | ||||||
25 | the last school term
of the probationary period, subject to | ||||||
26 | this Act and the lawful
regulations of the employing board. |
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1 | This Section and succeeding Sections
do not modify any existing | ||||||
2 | power of the board except with respect to the
procedure of the | ||||||
3 | discharge of a teacher and reductions in salary as
hereinafter | ||||||
4 | provided. Contractual continued service status shall not
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5 | restrict the power of the board to transfer a teacher to a | ||||||
6 | position
which the teacher is qualified to fill or to make such | ||||||
7 | salary
adjustments as it deems desirable, but unless reductions | ||||||
8 | in salary are
uniform or based upon some reasonable | ||||||
9 | classification, any teacher whose
salary is reduced shall be | ||||||
10 | entitled to a notice and a hearing as
hereinafter provided in | ||||||
11 | the case of certain dismissals or removals.
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12 | The employment of any teacher in a program of a special | ||||||
13 | education joint
agreement established under Section 3-15.14, | ||||||
14 | 10-22.31 or 10-22.31a shall be
under this and succeeding | ||||||
15 | Sections of this Article. For purposes of
attaining and | ||||||
16 | maintaining contractual continued service and computing
length | ||||||
17 | of continuing service as referred to in this Section and | ||||||
18 | Section
24-12, employment in a special educational joint | ||||||
19 | program shall be deemed a
continuation of all previous | ||||||
20 | certificated employment of such teacher for
such joint | ||||||
21 | agreement whether the employer of the teacher was the joint
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22 | agreement, the regional superintendent, or one of the | ||||||
23 | participating
districts in the joint agreement.
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24 | Any teacher employed after July 1, 1987 as a full-time | ||||||
25 | teacher in a
program of a special education joint agreement, | ||||||
26 | whether the program is
operated by the joint agreement or a |
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1 | member district on behalf of the joint
agreement, for a | ||||||
2 | probationary period of two consecutive school terms
years
shall | ||||||
3 | enter
upon contractual continued service in all of the programs | ||||||
4 | conducted by such
joint agreement which the teacher is legally | ||||||
5 | qualified to hold; except that
(i)
for
a teacher who is first | ||||||
6 | employed on or after January 1, 1998 but before the
effective | ||||||
7 | date of this amendatory Act of the 95th General Assembly in a
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8 | program of a
special education joint agreement and who has not | ||||||
9 | before January 1, 1998
that date already
entered upon | ||||||
10 | contractual continued service in all of the programs conducted | ||||||
11 | by
the joint agreement that the teacher is legally qualified to | ||||||
12 | hold, the
probationary period shall be 4 consecutive school | ||||||
13 | terms
years before
the
teacher enters upon contractual | ||||||
14 | continued service in all of those programs
and (ii) for a | ||||||
15 | teacher who is
first employed by a
school district on or after | ||||||
16 | the effective date of this amendatory Act of the
95th General | ||||||
17 | Assembly in a program of a special education joint agreement | ||||||
18 | and
who has not before the date of this employment
already | ||||||
19 | entered
upon contractual continued service in any district
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20 | pursuant to this Section or achieved permanent appointment | ||||||
21 | pursuant
to Section 34-84 of this Code, the probationary
period | ||||||
22 | shall be 3 consecutive school terms
before the teacher enters | ||||||
23 | upon contractual continued service in all of
the programs | ||||||
24 | conducted by the joint agreement for which the teacher is | ||||||
25 | legally
qualified . In the
event of a reduction in the number of | ||||||
26 | programs or positions in the joint
agreement, the teacher on |
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1 | contractual continued service shall be eligible
for employment | ||||||
2 | in the joint agreement programs for which the teacher is
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3 | legally qualified in order of greater length of continuing | ||||||
4 | service in the
joint agreement unless an alternative method of | ||||||
5 | determining the sequence of
dismissal is established in a | ||||||
6 | collective bargaining agreement. In the
event of the | ||||||
7 | dissolution of a joint agreement, the teacher on contractual
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8 | continued service who is legally qualified shall be assigned to | ||||||
9 | any
comparable position in a member district currently held by | ||||||
10 | a teacher who
has not entered upon contractual continued | ||||||
11 | service or held by a teacher who
has entered upon contractual | ||||||
12 | continued service with shorter length of
contractual continued | ||||||
13 | service.
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14 | The governing board of the joint agreement, or the | ||||||
15 | administrative
district, if so authorized by the articles of | ||||||
16 | agreement of the joint
agreement, rather than the board of | ||||||
17 | education of a school district, may
carry out employment and | ||||||
18 | termination actions including dismissals under
this Section | ||||||
19 | and Section 24-12.
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20 | For purposes of this and succeeding Sections of this | ||||||
21 | Article, a program
of a special educational joint agreement | ||||||
22 | shall be defined as instructional,
consultative, supervisory, | ||||||
23 | administrative, diagnostic, and related services
which are | ||||||
24 | managed by the special educational joint agreement designed to
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25 | service two or more districts which are members of the joint | ||||||
26 | agreement.
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1 | Each joint agreement shall be required to post by February | ||||||
2 | 1, a list of
all its employees in order of length of continuing | ||||||
3 | service in the joint
agreement, unless an alternative method of | ||||||
4 | determining a sequence of
dismissal is established in an | ||||||
5 | applicable collective bargaining agreement.
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6 | The employment of any teacher in a special education | ||||||
7 | program
authorized by Section 14-1.01 through 14-14.01, or a | ||||||
8 | joint educational
program established under Section 10-22.31a, | ||||||
9 | shall be under this and the
succeeding Sections of this | ||||||
10 | Article, and such employment shall be deemed
a continuation of | ||||||
11 | the previous employment of such teacher in any of the
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12 | participating districts, regardless of the participation of | ||||||
13 | other
districts in the program. Any teacher employed as a | ||||||
14 | full-time teacher in
a special education program prior to | ||||||
15 | September 23, 1987 in which 2 or
more school districts
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16 | participate for a probationary period of 2 consecutive years | ||||||
17 | shall enter
upon contractual continued service in each of the | ||||||
18 | participating
districts, subject to this and the succeeding | ||||||
19 | Sections of this Article,
and in the event of the termination | ||||||
20 | of the program shall be eligible for
any vacant position in any | ||||||
21 | of such districts for which such teacher is
qualified.
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22 | (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
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23 | Section 90. The State Mandates Act is amended by adding | ||||||
24 | Section 8.31 as follows: |
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1 | (30 ILCS 805/8.31 new) | ||||||
2 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 95th General Assembly. | ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law. |